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Journal : JURNAL DOKTRIN

ANALISIS YURIDIS PERAN PENGADILAN DALAM UPAYA MEMBERIKAN LAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM M. Rizqi Darmawan; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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The State of Indonesia is a state of law, which means that all forms of problems concerning matters between citizens and citizens or citizens and the state (government), must be based on the laws and regulations in force in Indonesia. As a consequence, every citizen is also entitled to the same legal protection without exception. So the State understands this problem with the issuance of Law Number 16 of 2011 concerning Legal Aid as a real action in protecting the equality of its citizens before the law. The problems raised are the role and process of courts in providing legal aid to the poor, legal consequences for legal aid institutions that do not provide legal aid for the poor, and efforts by law enforcement agencies to provide legal assistance to the poor. The role and process of the court in providing legal aid to the poor who provide legal assistance to the accused or suspect still has the same position in the eyes of the law in accordance with the values of Pancasila which is socially just and does not discriminate, especially for economic differences. The legal consequences for legal aid institutions that do not provide legal aid for the poor will be sanctioned in accordance with the provisions of the applicable law, the Government through the ministry of law and human rights revokes funds for legal aid services for the poor (izim OBH). The efforts of the legal apparatus in providing legal assistance to the poor, namely the court guarantees that the suspect or defendant is accompanied by legal counsel in accordance with Law 16 of 2011 concerning Legal Aid.
PERLINDUNGAN HUKUM TERHADAP ASISTEN RUMAH TANGGA DALAM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (ANALISIS PUTUSAN NOMOR:791/Pid.B/2015/PN.Mdn) Johanes M. Aritonang; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Household Assistants are vulnerable to arbitrary actions by their employers, where these arbitrary actions always occur in the house which is a private and personal area or area that cannot be reached by other people, even areas or areas that are very hidden from view. general vision. So to find out the legal protection for ART in domestic violence crimes, it is necessary to research on regulations related to legal protection for ART in domestic violence crimes, and efforts to resolve legal problems against ART in domestic violence crimes, as well as the obstacles faced in efforts to implement protection for ART victims. domestic violence. It is known that the regulation related to legal protection for ART in PKDRT is in Law no. 23 of 2004 concerning (UUPKDRT) Article 2 paragraph (1) letter (c) explains that the scope of the household includes. People who work help the household and stay in the household. People who work as referred to in letter c are considered as family members for the period of time they are in the household in question. And Efforts to resolve legal problems against ART in domestic violence crimes, by carrying out criminal legal efforts, which are the duties and authorities of institutions tasked with enforcing the law, by making complaints to law enforcement, namely the Police
PERANAN POLRI DALAM PENEGAKAN HUKUM PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA PANDEMI COVID-19 DI KOTA MEDAN Pamilu Hamonangan; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The emergency PPKM policy was extended through PPKM policies with different levels in each region, in order to reduce the second wave of Covid-19 that has occurred since June 2021. The purpose of this research is to examine the supporting and inhibiting factors of the National Police in enforcing the PPKM law in Cities Medan, then to examine the application of sanctions against violators in implementing PPKM in Medan City, as well as to examine the role of the National Police as the Covid 19 task force in enforcing PPKM law in Medan City. The type of research in this research is normative research. The resultsof the research show that the supporting factors for the Indonesian National Police in serving the community are the involvement of the Government, the inhibiting factors are the limited budget for carrying out socialization, and the lack of human resources. Covid 19 in PPKM law enforcement in Medan City is maintaining security and publication during PPKM, enforcing the law for PPKM violations
PENEGAKAN HUKUM TERHADAP PELANGGARAN PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT DI MASA PANDEMI COVID-19 (STUDY KASUS DI CABANG KEJAKSAAN NEGERI DELI SERDANG DI PANCUR BATU) Rinda Adida Sihotang; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The health protocol was formed with the aim that people can continue to carry out their activities safely and not endanger the security or health of others, by enforcing the law for violations of the Implementation of Restrictions on Community Activities (PPKMI). This study aims to analyze legal arrangements regarding the implementation of restrictions on community activities during the corona pandemic, to analyze law enforcement against violations of imposing restrictions on community activities during the corona pandemic and to analyze obstacles to law enforcement during the corona pandemic. This research method uses empirical research by conducting interviews at the Deli Serdang District Attorney's Office in Pancur Batu. Based on research resultsfrom 2020 to 2022 , Pancur Batu Cabjari handled 1 (one) PPKM violation committed by Hairos Waterpark, the handling mechanism was first Cabjari Deli Serdang in Pancur Batu received a file from the Medan Polrestabes regarding PPKM Prokes violations at Hairos Waterpark. After the file is declared complete, the file is transferred to the Lubuk Pakam District Court. The obstacles faced by the prosecutor at the Deli Serdang District Attorney's Office in Pancur Batu in enforcing the law during the corona  pandemic were the difficulty in summoning expert witnesses, and the absence of public witnesses who were present at the activities that violated PPKM carried out by"Hairos Waterpark". Information from experts and witnesses from the community who were present at the activity that violated PPKM was needed in proving related to health protocol violations
ANALISIS HUKUM TINDAKAN MENYEBARKAN BERITA BOHONG YANG MENGAKIBATKAN KEONARAN MELALUI MEDIA ELEKTRONIK (ANALISIS PUTUSAN NOMOR:296/PID-SUS/2020/PN-SRH) Panjaitan, Dian Affandi; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The criminal case of spreading false news through electronic media using the Facebook application, in the jurisdiction of the Sei Rampa District Court, the case has been examined in case Number: 296/Pid-Sus/2020/PN-Srh, but the application of the law given is deemed inappropriate with the facts of the trial. The formulation of the problem is what the perspective of criminal law is regarding the act of spreading fake news which causes chaos through electronic media, and how criminal law is applied to perpetrators of spreading fake news, as well as how the judge considers perpetrators of spreading fake news. The research method used is normative legal research. The results of the discussion found that the act of spreading fake news which caused chaos through electronic media was regulated in Article 28 paragraphs (1) and (2) of the ITE Law, and the application of criminal law to perpetrators of spreading fake news in the decision by the Public Prosecutor using Article 14 paragraph 1 Law No. 1 of 1946 concerning Criminal Law Regulations, in conjunction with Article 27 paragraph 3 of the ITE Law, but in his Demand Letter the Prosecutor applied Article 27 paragraph 3 of the ITE Law against the Defendant, but the Prosecutor did not apply Article 28 paragraph (2) of the ITE Law. as well as the judge's consideration of the perpetrator of spreading fake news which caused chaos through electronic media in Decision Number: 296/Pid-Sus/2020/PN-Srh, which stated that the defendant was guilty of violating Article 27 paragraph 3, even though the defendant's actions tended to violate Article 14 paragraph 1 Law No. 1 of 1946 concerning Criminal Law Regulations. The criminal act of spreading fake news should be more comprehensively regulated in the ITE Law, so that there is no need to apply Law Number: 1 of 1946.
PELAKSANAAN PEMUSNAHAN BARANG SITAAN NARKOTIKA (STUDI KEJAKSAAN NEGERI SERDANG BEDAGAI) Parningotan, Richard Nayer; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The large number of narcotics cases that have been successfully uncovered by law enforcers, until the narcotics traffickers have been convicted, means that it is the duty of law enforcers to then destroy the narcotics evidence that has been confirmed by the Court. Formulation of the problem of how to organize the destruction of confiscated narcotics goods, and the authority of the Prosecutor in carrying out the destruction of confiscated narcotics goods, as well as the obstacles faced by the Serdang Bedagai District Prosecutor's Office in destroying narcotics evidence. Empirical juridical research methods. The results of his research regarding the implementation of the destruction of confiscated narcotics goods are in Article 13 PP No. 40 of 2013, that confiscated goods are managed which includes confiscation, sealing, setting aside, testing, storing, securing, monitoring and destroying. The authority of the Prosecutor in carrying out the destruction of confiscated narcotics goods is permitted based on the Determination of the Head of the local District Prosecutor's Office, and based on the Court Decision. The Serdang Bedagai District Prosecutor's Office, in carrying out the destruction of narcotics evidence, was based on the Court Decision, but experienced internal obstacles, namely the location for destruction, the time limit for destruction, and the budget for destruction. related to external obstacles, namely the very high volume of narcotics cases, the absence of relevant institutions, so the suggestion is that it would be best if narcotics evidence could have been destroyed since the first instance court decision, so there is no need to wait for an final decision, and there should be special facilities provided for destruction. evidence of narcotics, so that possible adverse effects from destruction do not impact the environment and public health.
PENERAPAN RESTORATIVE JUSTICE TERHADAP ANAK BERHADAPAN DENGAN HUKUM DALAM TINDAK PIDANA PENCURIAN (STUDI DI KEJAKSAAN NEGERI SERDANG BEDAGAI) Girsang, Cosman Oktaniel; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UUSPPA), regulates the resolution of children's cases by prioritizing the principles of restorative justice, the aim of which is to resolve in order to achieve justice. The formulation of the problem is what the criminal law policy is for ABH in the crime of theft, and how restorative justice is arranged for ABH, as well as how the Serdang Bedagai District Attorney's efforts are to implement restorative justice against ABH. Empirical juridical research methods. The results of the research are ABH's criminal law policy in criminal acts of theft, namely that children under 12 years of age are only given back to their parents, and restorative justice arrangements. Article 1 paragraph 6 UUSPPA explains restorative justice as the resolution of criminal cases involving the perpetrator. victims, families, to find a just solution with reinstatement, as well as efforts by Prosecutor Sergei to implement restorative justice against ABH, Article 7 Paragraph (2) UUSPPA formulates that Diversion must be pursued at the level of Investigation, Prosecution and examination of children's cases at the District Court, efforts This is a diversion deliberation. As a suggestion, in the criminal law policy towards ABH, the government should make regulations that prevent children from repeating their mistakes, such as child-friendly social punishments, and the opportunity to carry out diversion deliberations should not be limited to 30 days, because this time is very short and As a result, law enforcers have difficulties and diversion deliberations do not run optimally, and every law enforcement agency office that will carry out diversion deliberations should have a child-friendly room.
ANALISIS HUKUM TINDAK PIDANA KORUPSI DANA HIBAH PILKADA BUPATI DAN WAKIL BUPATI SERDANG BEDAGAI TAHUN 2020 STUDI PUTUSAN NOMOR: 96/PID.SUS-TPK/202I/PN.MDN Sihotang, Tumpak Mangasi; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Funding for Regent and Deputy Regent election activities is borne by the Regency APBD based on Minister of Home Affairs Regulation No: 41 of 2020 concerning Funding for Governor, Regent and Mayor election activities sourced from the Regional Revenue and Expenditure Budget. In Article 2 paragraph (2). With regard to the role of the KPU Secretariat, there is an opportunity for criminal acts of corruption to occur by the KPU Secretariat because the KPU Secretary indirectly serves as KPA, the authority as KPA in Article 8 PP No: 45 of 2013. Corruption crimes in the form of grant funds for the Regional Election of Regent and Deputy Regent in Medium Bedagai Regency in the 2020 election, with the Defendant having been investigated with Decision No:96/Pid.Sus-TPK/202I/PN.Mdn. Normative legal research methods. The results of the research are the application of criminal law in cases of corruption in grant funds for the Regional Election of Regent and Deputy Regent, by means of efforts to enforce criminal law by the Prosecutor by transferring it to the Corruption Court so that legal certainty of benefit and justice can be realized, and the judge's consideration has fulfilled all the elements, the Defendant is proven legally and convincingly guilty of committing criminal acts of corruption together. So, as a suggestion, in preparing the Regional Grant Agreement Text regarding the implementation of grant funds for the election of Regent and Deputy Regent, Law Enforcers should be involved; and so that there are no deviations in the use of authority; Then there should be special regulations made by the Indonesian KPU, so that the Work Units in each KPU at the regional level are not involved in abusing their authority.
Co-Authors Abd. Rahim Adha, Mhd. Hendara Adi Mansar Afdal Junaidi Agustami Lubis Agustina Agustina Agustina Akalafikta Jaya Alfi Sahari Alief Risyawan Anna Loist Arifin Said Ritonga Ario Putranto Aris Wibowo Asrul Taufik Harahap Aulia Rosa Nasution Azaria, Elvina Azaria, Elvina Berlin Sinaga Cakra Tona Parhusip Dalimunthe, Surya Wahyu Danil Juni Harsya Dewata, Mukti Fajar Nur Dicki Irvandi Didik Miroharjo Dwi Putri, Dwi Edi Warman Ediwarman Ediwarman EKA N.A.M SIHOMBING Ena Kazić Çakar Erwin Asmadi Erwin Wijaya Siahaan Farid Wajdi Fathin Abdullah Fauzi, Ahmad Foni Mega Wahyuni Friandy, Bob Ghapa, Norhasliza binti Ghofur Hidayat Ginting, Lilawati Girsang, Cosman Oktaniel Harahap, Siti Holija Heni Pujiastuti Herikson P. Siahaan Hery Widijanto Hubertus Manao IBRAHIM, NURIJAH Ida Hanifah Johanes M. Aritonang Juli Moertino Karo Karo, Ralo Rejeki Kencana, Galuh Nawang Khairur Rahman Nasution Koto, Ismail Lilawati Ginting Limbong, Dayat LUBIS, AHMAD YASIR M. Arief Kurniawan M. Rizqi Darmawan Mahmud Mulyadi Manao, Hubertus Marbun, Gus Irwan Selamat Marlina, Dr Marlina, Marlina Moertiono, Juli Moertiono, Juli Muhammad Adli, Muhammad Mukhtar I Kadoli Mustafa Nasution Nadhirah, Ida Nadirah, Ida Nurijah Ibrahim Onny Medaline P. A. JUANDA PANJAITAN Pamilu Hamonangan Pandi Harahap, Ahmad Ari Panjaitan, Dian Affandi Parningotan, Richard Nayer Pronika Julianti Manihuruk Purnomo, Sagita Purwoko, Agus Putri Raudhatul Zannah Raja Lubis, Mhd Ramlan Ramlan Ramlan, H. Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rinda Adida Sihotang S, Abdu Fadli Ansor Dwiky Sahari, Alpi Sariani Silalahi, Hotmaria Sastro, Heru Prabowo Adi Sianturi, Senior Sihotang, Tumpak Mangasi Silalahi, Andre Simanjuntak, Adelina Pratiwi simon simon Simon Simon Sinaga, Miduk Siregar, Salman Suhendri, Novel Surya Perdana Tengku Erwinsyahbana Tito Alhafezt Togi P. O Verdinan Verdinan Wahyu Sabrudin Sabrudin Waruwu, Khamozaro Yazir, Isti Risa Sunia Yemi Mandagi Yusuf Hondawantri Naibaho