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Analisis Hukum Terhadap Pembinaan Anak Pidana Di Lembaga Pembinaan Khusus Anak Kelas I Medan Silalahi, Andre; Marlina, Marlina; Eddy, Triono; Nasution, Aulia Rosa
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

This study aims to examine how the process of fostering criminal children is carried out by the Special Class Fostering Agency for Children in Medan, what are the obstacles faced in the implementation of fostering of criminal children and how the efforts made to overcome the problems of fostering criminal children in the Class I Special Guidance Institution . This research is normative juridical legal research and also empirical or sociological legal research, which examines library materials relating to the fostering of criminal children in the Class I Special Child Development Institute (LPKA) Medan. It was found that fostering prisoners and students is a heavy and noble task, not everyone is able and interested in the life of prisoners. And there are regulations and the fostering process for criminal children in Class I Special Guidance Institutions in Medan. The obstacles faced in the implementation of coaching activities in the Special Guidance Institution for Class I Children in Medan are originated from the factors of education, coaches, motivation and facilities and infrastructure; While the efforts made to overcome these obstacles include making improvements including aspects of education, coaches, motivation, and facilities and infrastructure.

Analisis Hukum Pemberian Remisi Terhadap Narapidana di Lembaga Pemasyarakatan Klas II A Binjai Sastro, Heru Prabowo Adi; Marlina, Marlina; Eddy, Triono; Nasution, Aulia Rosa
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The study was conducted to determine the Supervision of Remission Against Prisoners in Class II A Binjai Penitentiary. The nature of the study is normative juridical. Literature and document study material is used as the main material while field data will be used as supporting or supplementary data. The collected data is sorted and analyzed judicially and qualitative data are interpreted logically systematically by deductive and inductive methods. The results showed that the implementation of remission to prisoners experienced a shift both from the understanding, criteria, and objectives. According to the provisions, the original remission was the right of prisoners, shifted into a kind of gift given by the government, and finally shifted to an arena of buying and selling interests. As a result of this shift, there has been a blurring of the legal rules for granting remissions that automatically impacted their supervision. In addition, the implementation of remission is a prisoner's right and also as a stimulus so that prisoners are willing to undergo coaching to change behavior in accordance with the objectives of the Penal System. The supervisory system for remission in Penitentiary involves Penal Institutions which starts from the Penitentiary Technical Implementation Unit, Regional Office of the Ministry of Justice and Human Rights to be forwarded to the Directorate General of Corrections, also involving Supervising Judges and Observers.

Tinjauan Yuridis Gugatan Wanprestasi Terhadap BUMN Atas Sengketa Perjanjian Sewa Beli Tanah Dan Bangunan (Studi Putusan No.276/PDT.G/2020/PN Mdn) Rinaldi Ginting; Aulia Rosa Nasution; Mahalia Nola Pohan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1202

Default is a condition where the debtor does not carry out his obligations that have been specified in the agreement. In addition to not carrying out its obligations as specified in the agreement, default can also occur where the debtor does not carryout his obligations asstipulated in the law. Research method used is normative yuridicial research, the nature of the research used is descriptive, data collection technique is with do library research and interviews. The results of the study default lawsuit against state owned enterprise on land and buildings sale agreement disputes because where Sumurung Siregar wanted to buy the official house he once occupied but when the installment of the house wascompleted the Director of PT.PLN did not reverse the deed of the official house to the name of Samurung Siregar. So that in this sale and purchase agreement the judge judges by listening to witness statements and examining the existing evidence. From research conducted it can be concluded that the cause of default is that in resolving the default dispute, deliberation must first be carried out so as not to harm the parties if they do not get a solution then go to court.

Tinjauan Yuridis Gugatan Wanprestasi Terhadap BUMN Atas Sengketa Perjanjian Sewa Beli Tanah Dan Bangunan ( Studi Putusan No. 276/PDT.G/2020/PN Mdn ) Rinaldi Ginting; Aulia Rosa Nasution; Mahalia Nola Pohan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1377

Default is a condition where the debtor does not carry out his obligations that have been specified in the agreement. In addition to not carrying out its obligations as specified in the agreement, default can also occur where the debtor does not carryout his obligations asstipulated in the law. Research method used is normative yuridicial research, the nature of the research used is descriptive, data collection technique is with do library research and interviews. The results of the study default lawsuit against state owned enterprise on land and buildings sale agreement disputes because where Sumurung Siregar wanted to buy the official house he once occupied but when the installment of the house wascompleted the Director of PT.PLN did not reverse the deed of the official house to the name of Samurung Siregar. So that in this sale and purchase agreement the judge judges by listening to witness statements and examining the existing evidence. From research conducted it can be concluded that the cause of default is that in resolving the default dispute, deliberation must first be carried out so as not to harm the parties if they do not get a solution then go to court.

PENEGAKAN HUKUM TERHADAP PELAKU PELANGGARAN LALU LINTAS AKIBAT KELALAIAN YANG MENGAKIBATKAN KEMATIAN (Studi Putusan Nomor: 241/Pid.sus/2018/PN.Mdn) Samuel Manik; Aulia Rosa Nasution; Arie Kartika
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1379

Traffic violations cannot be left alone because based on available data most of the occurrence of traffic accidents are caused by the human factor of road users who do not comply with traffic regulations but there are still many causes outside of human factors such as broken tires, failed brakes, roads holes and so on. The problems in this study are criminal threats against traffic violations due to negligence resulting in the death of others, what factors cause negligence in traffic accidents that result in other people's death and law enforcement efforts against traffic offenders due to negligence causing death.The research method uses a type of empirical normative law. The nature of the research used is descriptive analysis. Data collection techniques using library research and field studies. Data analysis used qualitative analysis.The results of the study that the cause of negligence in traffic accidents that resulted in other people's death in the form of human negligence factors, inappropriate vehicle factors resulting in accidents, weather factors could not determine it then the road factor where it was damaged there would be many traffic accidents. Law enforcement provided in the form of preventive or preventive and repressive. The conclusion that the criminal threat to traffic violations due to negligence resulting in the death of another person is regulated in Article 359 of the Criminal Code for a maximum imprisonment of five years or a maximum confinement of one year and criminal sanctions are regulated in Article 310 Paragraph (4) of Law No. 22 of 2009 concerning Road Traffic and Transportation is a criminal offense for 6 (six) years. Factors that cause negligence in traffic accidents that cause other people to die are human factors, vehicle factors, weather factors, and road factors. Efforts to enforce the law against traffic violations due to negligence causing death, one of which is prevention and repressive efforts.

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