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Pertimbangan Hakim dalam Menjatuhkan Putusan Tindak Pidana Narkotika yang Dilakukan Pengedar pada Putusan No: 2071/Pid.Sus/2016/Pn-Mdn Erick Wellington Sirait; Rafiqi Rafiqi
Jurnal Ilmiah Penegakan Hukum Vol 5, No 1 (2018): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v5i1.1956

Abstract

Judge's Consideration in Making Narcotics Criminal Decisions Conducted Distributors on Decision No: 2071/Pid.Sus/2016/Pn-Mdn Narcotics circulation and abuse cases in Indonesia are at a very alarming level. This illegal drug easily makes victims in the community, even law enforcement officials involved as dealers and users of drugs. The problem that will be discussed is the judge's consideration of the Narcotics crime in the Decision No. case. 2071 / Pid.Sus / 2016 / PN.Mdn which was decided by the Judge was in accordance with the theory of justice. To discuss this problem, research was carried out using library research methods, namely by conducting research on various written reading sources, and Field Research methods, namely by taking Decision No: 2071 / Pid.Sus / 2016 / PN .Mdn is the case of Narcotics Crime which is related to the title of this Thesis. The results showed that the judges' consideration in dropping and deciding cases of narcotics crimes in the decision No: 2071 / Pid.Sus / 2016 / PN-Mdn was the fulfillment of the elements in article 114 paragraph 2 in conjunction with article 132 paragraph 1 of RI Law No. 35 of 2009 concerning Narcotics as regulated and threatened by crimes according to Article 114 paragraph 1 of RI Law No. 35 of 2009 concerning Narcotics
Perlindungan Lanskap Perkebunan Tembakau Deli di Tanah Deli Rafiqi Rafiqi; Marsella Marsella
Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i2.5064

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Deli Tobacco is the first plantation in East Sumatra. The success of Jacobus Nienhuys in planting Deli Tobacco on Deli land. The history of plantations in East Sumatra begins. At the present time, Deli Tobacco plantations are in decline. If viewed from the history of the specialty, Deli Tobacco is a pioneer of plantations in East Sumatra. Deli Tobacco Plantation as a cultural heritage is necessary to protect and maintain the landscape. Research Objectives To determine the decline in Deli tobacco production and solutions to maintain and protect Deli Tobacco. The research method using normative juridical nature. The results of this study are Deli tobacco is a characteristic and pioneer of plantations in the land of Deli. In 1863 Jacobus Nienhuys succeeded in growing high quality cigar wrapping tobacco. However, over time Deli Tobacco production began to decline due to land occupation factors, changes in spatial planning, landscape, nationalization and social revolution. If there are no comprehensive steps, it is feared that Deli Tobacco will only remain in history according to Law No. 11 of 2010 concerning Cultural Conservation. Deli tobacco is classified as a Cultural Conservation Object, as a heritage and historical meaning
TINJAUAN HUKUM PERKAWINAN SIRI (TIDAK DICATATKAN) TERHADAP KEDUDUKAN ISTRI DALAM HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN Rafiqi Rafiqi
Jurnal Ilmiah Penegakan Hukum Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v2i2.2072

Abstract

Marriage constitutes a part sacred life, since has to notice Norma and life method insociety. With justifications motive sort, marriage is done through model sort as wed as runsaway with, wedding contracts until popularmarriage at society, which is wedding siri.Whatever its reason, siri's marriage not good impact for continuity of its family. Effect lawfor marriage what do deed have no gotten married, husband judicial formality ala / wife andchild that be borne can't do civilization's legal action gets bearing with its family. Childrenjust admitted by state as child of extern marries that just have civilization's relationshipwith mother and its mother family.
TINJAUAN HUKUM PERLAKUAN PERPAJAKAN ATAS TANAH INBRENG DAN BANGUNAN Rafiqi Rafiqi
Jurnal Ilmiah Penegakan Hukum Vol 3, No 1 (2016): Jurnal Ilmiah Penegakan Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v3i1.1888

Abstract

In Country have people and industrial pay to country, Inbreng pajak In Indonesia mustcount adaption Indonesia, a Enterprenuer must register Indonesia. Pasiva and Aktivainbreng in Industrial must give account According to the prevailing stipulation the sellingand buying on land.
Pertanggung Jawaban Pidana Karyawan Korporasi Dalam Tindak Pidana Lingkungan Hidup (Studi Putusan No. 133/Pid.B/2013/PN. MBO) Andika Try Anantama; Zaini Munawir; Rafiqi Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.322

Abstract

Environmental Crimes committed by a person or corporate legal entity often occur around the environment where we live without us knowing it, especially in an environment full of companies that can damage the surrounding environment. The research method used in this study is juridical normative and descriptive analytical nature of the study. The legal regulation on environmental crime, especially regarding forest and land burning is regulated in Article 187 of the Criminal Code, Article 78 paragraph (3) of Law Number 41 of 1999 concerning Forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantations. Criminal liability of corporate offenders in imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah), Determine if the fine is not paid replaced with imprisonment for 5 (five) months. Judge's consideration in this decision, that the Defendant violated Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) of Law Number 32 of 2009 concerning Environmental Protection and Management and jo Article 64 paragraph (1) of the Criminal Code has several considerations, namely incriminating circumstances and mitigating circumstances.
Tinjauan Yuridis Terhadap Perjanjian Pekerjaan Optimalisasi Sistem Pengembangan Air Minum Ibu Kota Kecamatan Siantar Narumonda Kabupaten Toba Samosir (Studi Pada PT. Nugraha Tyaga Supala) Olivia Napitupulu; Rafiqi Rafiqi; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v1i2.208

Abstract

District Government Toba Samosir as an effort to optimize the drinking water development system in the region is carrying out the work of optimizing the drinking water supply system. In the agreement that acts as the employer is the official making commitment for the development of drinking water and sanitation in North Sumatra province in collaboration with PT. Nugraha Tyga Supala who acted as a contractor. The research method is normative juridical namely by reviewing document studies and conducting studies at PT Nugraha Tyaga Supala and conducting interviews with related parties. The procedure for implementing the contract of employment is in accordance with the provisions of the applicable law starting with the planning stage in advance, then the public tender process is carried out with the post-qualification method and the cover one method through an announcement by the employer. The rights and obligations of each commitment official namely the right to supervise and inspect the work and are obliged to pay for the work in accordance with the agreement in the contract, while the provider has the right to receive payment according to the contract value stated and is obliged to complete the work on the date in the contract and is responsible during the maintenance period.
Peran Dinas Kehutanan Dalam Upaya Penanggulangan Tindak Pidana Illegal Logging Di Kabupaten Langkat (Studi Kasus: Dinas Kehutanan Kabupaten Langkat) Muhammad Rifkih Alfaris; Rafiqi Rafiqi; Rizkan Zulyadi
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.494

Abstract

The problem of illegal logging is actually a very complex matter. The current forest problems faced are the responsibility of the government. So that in this study the authors raised the issue of the role and obstacles faced by the forestry service in tackling the crime of Illegal Logging. The objectives to be achieved in this study are to determine the role of the forestry service and the obstacles faced by the forestry service in tackling the Illegal loggin crime. The method used in this study is an empirical juridical approach, which in other words is a type of sociological research and can also be called field research, which examines the applicable legal provisions and what happens in the reality of society. Illegal logging countermeasures can be done through a combination of preventive (preventive) efforts, countermeasures (repressive) and monitoring efforts (detection) Obstacles felt by the Langkat District Forestry Office in tackling illegal logging crime, namely inadequate personnel, lack of understanding of the community about the importance of forests, the community's lack of understanding of forestry rules, the lack of advice and infrastructure that supports the preservation of forests
Peranan Penyidik Dalam Menangani Tindak Pidana Perampasan Dengan Kekerasan Terhadap Pencurian Sepeda Motor (Studi Kasus Pada Polrestabes Medan) Falentino Surya Situmorang; Rafiqi Rafiqi; Riswan Munthe
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.323

Abstract

The crime of seizure and theft of motorized vehicles with violence is so disturbing to the public. This research method was conducted using empirical juridical research methods. The role of the investigator is very important in overcoming the crime of seizure and theft of motorized vehicles with violence, bearing in mind the high number of crimes that occur in the community, especially in the surrounding area of the Medan City Police. The role of the Medan City Polrestabes in dealing with motor vehicle theft with violence appears from preventive and repressive efforts. As law enforcers, patrons and community guides through routine raids and patrols in places suspected of being prone to motor vehicle theft and socialization to the public. Inhibiting factors in the police, including the lack of witness participation in providing information in the investigation process, the limited number of investigators, inadequate income / salary factors of investigators, the lack of an investigative budget, inadequate facilities and infrastructure to support investigator performance and lack of participation witness in providing information in the investigation process.
Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn) Rama Sari Atiwiz Purba; Ridho Mubarak; Rafiqi Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (615.795 KB) | DOI: 10.31289/juncto.v1i2.209

Abstract

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment
Proses Penyidikan Dalam Penyelesaian Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Dilakukan Oleh TNI-AD (Studi Di Pengadilan Militer I-02 Medan) Fadhlurrahman Fadhlurrahman; Rafiqi Rafiqi; Arie Kartika
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (625.716 KB) | DOI: 10.31289/juncto.v1i1.194

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Domestic violence perpetrated by individual soldiers not only harmed their families but also caused losses to the soldiers themselves both morally and materially. Proving a criminal offense, the process of investigation, prosecution, and examination in a court of law in a case of a crime of domestic violence is carried out according to the provisions of the applicable criminal procedure law. This type of research is normative law that is analyzing a decision made by combining primary data legal materials with secondary data obtained in the field with interviews. The investigation process in which the Military Police conduct an investigation of suspects with military status and refers to Law Number 31 of 1997 concerning the Military Criminal Code where eventually the case files will be submitted to military prosecutors for trial in military court. There are 4 stages in the process of resolving cases in the military court in the investigation stage, the prosecution stage, the hearing stage in the trial, the decision implementation stage. The form of criminal liability for military members who commist crimes is regulated in Article 6 of the Military Criminal Code.
Co-Authors Abdul Lawali Hasibuan Aditya Pratama Aditya Pratama Adriansyah Putra, Dimas Afriyanti, Suviya Alicia, Bunga Alissa, Evalina Amanda, Chealsy Amri Amir AMRI, ARY DEAN Andika Try Anantama Aprizal, Yusuf Zaini Arfah, Arfah Arie Kartika Arifin, Syasyain Atiyyah, Jazilatul Bahri, Zainul Butar, Zeefs Royce M. Butar- Chandra Prayuda Dany Saputra, Anugrah Darwisyah, Darwisyah Dean Amri, Ary Dedi Harianto Diandra Alifa Risha Dwi Hastuti Edi Warman Enggrani Fitri, Lucky Erick Wellington Sirait Fadhlurrahman Fadhlurrahman Falentino Surya Situmorang Fitri Yanni Dewi Siregar Ginting, Tomi Elvisa Handari, Fitri Hansein Arif Wijaya Hasibuan, Suhaily Amri Hendra, Robi Hendriyaldi Hernando, Riski Idris , Abdullah Indah Lestari, Indah Inggriani Powa, Natasya Iqbal Bafadhal, Muhammad Isnaini Isnaini LUBIS, PAULINA Lutfi Lutfi MAHMUL SIREGAR Marlina Marlina Marsella Marsella Marsella Marsella Marsella Marsella Marsella2 Marsella, Marsella Maswandi Muazza Muazza Muhammad Ridho Al Hasymi Daulay Muhammad Rifkih Alfaris Muniifah, Nur Nanang Tomi Sitorus Nurida Isnaeni Olivia Napitupulu Pahmi, Ismail Panjaitan, Lola Parnawi, Afi Pratiwi, Heni putriani Rama Sari Atiwiz Purba Ridho Mubarak Ridhwan , Ridhwan Ridhwan Ridhwan, Ridhwan Riswan Munthe Rizkan Zulyadi Roihan, Muhammad Saputra, Rivo Sirait, Erick Wellington Siregar, Zulkifli Anwar Siti Hawa Lubis Suhaidi Suhaidi Sukmawati, Mila Sukmawati, Nur Tarigan, Indra Jaya Sakti Turnip, Palber Tuti Indah Sari Utary Maharani Barus Widiastuti, Fitri Windy Sri Wahyuni Wulandari, Pina Yuana, Neni Zaini Munawir Zufriyatun, Zufriyatun Zukhoiriyah, Siti