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All Journal Jurnal Cita Hukum KUMPULAN JURNAL DOSEN UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA Jurnal Hukum Novelty Jurnal Akta International Journal of Law Reconstruction Jurnal Wawasan Yuridika Syntax Literate: Jurnal Ilmiah Indonesia JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum Widya Yuridika Journal Analytica Islamica JURNAL MERCATORIA Unes Law Review Journal of Education, Humaniora and Social Sciences (JEHSS) Pena Justisia: Media Komunikasi dan Kajian Hukum Taqnin: Jurnal Syariah dan Hukum JURNAL ILMIAH ADVOKASI Al Yasini : Jurnal Keislaman, Sosial, hukum dan Pendidikan Legalitas: Jurnal Hukum JHR (Jurnal Hukum Replik) Jurnal Darma Agung ARBITER: Jurnal Ilmiah Magister Hukum jurnal hukum das sollen Jurnal Somasi (Sosial Humaniora Komunikasi) International Journal of Educational Research and Social Sciences (IJERSC) Bulletin of Community Engagement Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Khazanah Hukum
Triono Eddy
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences Other

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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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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
Pembakaran Lahan Dalam Regulasi Lingkungan Hidup Verdinan, Verdinan; Eddy, Triono
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.6073

Abstract

This research seeks to thoroughly investigate the deficiencies in the legal framework surrounding corporate criminal liability for the burning of plantation land and comprehensively discuss legal policies for handling land burning crimes that result in the destruction of forest ecosystems. This research is normative juridical in nature, utilizing a descriptive-analytical approach. It examines existing legal issues and symptoms, assessing them against established laws, regulations and legal norms. The findings of this article indicate that the enforcement of corporate criminal liability for plantation land burning remains significantly weak due to selective law enforcement process against corporations and the imperfection of formal legal arrangements regarding the mechanism of criminalizing corporations as perpetrators of crimes holistically. Legal policies in handling land burning crimes that result in the destruction of forest ecosystems are carried out through penal efforts (enforcing criminal provisions related to land burning in the Law on Environmental Protection and Management, the Forestry Law and the Plantation Law) and non-penal including education, increasing awareness and community participation, empowering information technology, compiling a framework to support transparency, accountability and corporate social responsibility to preserve the environment.
Disparitas Dan Kekosongan Hukum Pidana Atas Kecelakaan Konstruksi Dan Kegagalan Bangunan Dalam Jasa Konstruksi Eddy, Triono; Agustina, Agustina; Purnomo, Sagita
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4735

Abstract

This study aims to comprehensively discuss legal sanctions for construction accidents and building failures in construction services law, as well as discuss in depth efforts to overcome disparities and criminal law vacancies for building failures in construction services law. This type of research is normative juridical with a descriptive-analytical approach, discusses existing legal symptoms and problems and tests them aware of laws and legal norms. The results of this study show that legal sanctions for construction accidents and building failures in the construction services law are divided into two, namely administrative sanctions (written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the blacklist, suspension of permits and/or revocation of permits) and civil sanctions (compensation), Meanwhile, criminal sanctions are regulated in laws outside construction services such as the Building Law and the Housing/Settlement Law, namely (imprisonment and fines). Efforts to overcome disparities and vacancies in criminal law for construction accidents and building failures are through codification or  legal reconstruction,  namely: rearranging criminal sanctions for building failure in the construction services law and establishing or combining several provisions of related laws in the field of construction, especially regulating building failures and construct accidents regulated in Law Number : 28 of 2002 concerning Building and Law Number : 1 of 2011 concerning Housing and Settlement Areas.
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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

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.
Analisis Penetapan Ganti Rugi dalam Pengadaan Tanah Untuk Pembangunan Kepentingan Umum (Studi Pada Kantor Pertanahan Kabupaten Simalungun) Sariani Silalahi, Hotmaria; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2150

Abstract

Land acquisition for public development purposes is an important issue that requires special attention in legal aspects and implementation. This research aims to examine legal regulations, the role of the National Land Agency (BPN), and the determination of compensation values ​​in the context of the construction of the Indrapura-Kisaran toll road. The background to this research is based on the importance of legal certainty and justice in the land acquisition process, especially in ensuring that the community is not harmed. The research method used is normative juridical research with a statutory and regulatory approach, coupled with open interviews at the Simalungun Regency Land Office. Secondary data was obtained from legal documents, agrarian law literature, and other relevant sources. This research also involves field studies to obtain empirical data that supports normative analysis. The results of the research show that legal regulations in land acquisition are in accordance with Presidential Regulation of the Republic of Indonesia Number 148 of 2015 which amends Presidential Regulation Number 71 of 2012. The land procurement committee and land price assessment team have carried out their duties by considering various legal, physical and financial constraints. , which produces the principles of humanity, justice and openness. The role of BPN, through the formation of task forces in affected areas, has helped expedite the land acquisition process. Determination of the amount of compensation is carried out fairly and appropriately, involving an assessment from an independent team and taking into account the rights of the land owner. This research provides theoretical contributions in the fields of state administrative law and agrarian law, as well as providing practical recommendations for improving the land acquisition process in the future. It is hoped that the results of this research can prevent agrarian conflicts and help form more effective and fair laws and regulations.
Analisis Pengamanan Aset Tanah Milik Pemerintah Daerah Melalui Sertipikasi Di Kota Tanjungbalai (Studi Pada Kantor Pertanahan Kota Tanjungbalai) Simanjuntak, Adelina Pratiwi; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2151

Abstract

The safeguarding of assets belonging to the Tanjungbalai city government through land certification. So on the plot of land it can be known with certainty the location of the land, the boundaries of the land, the area of the land, the buildings and the types of plants that are on it. Local governments in implementing their regional autonomy system will create good governance by making fundamental changes in the management and optimization of their resources. So that various affairs to the regional government which have been delegated the authority can be carried out optimally, one of which is the management of assets belonging to the local government of Tanjungbalai City. The problem in this study is to find out how to manage Tanjungbalai City government assets in the perspective of Law No. 1 of 2004 and Government Regulation No. 6 of 2006 and the efforts made by the Tajungbalai City government in securing land assets belonging to the region as well as the obstacles experienced by the City government. and the Tanjungbalai City Land Office. Based on research conducted at the Land Office of Tanjungbalai City and Tanjungbalai City Government, it was found that there was land that did not have rights as a result of the non-optimal work of the local government so that it gave positive changes to the assets of the Tanjungbalai city government.
Co-Authors Abd. Rahim Adha, Mhd. Hendara Adi Mansar Afdal Junaidi Agustami Lubis Agustina Agustina 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 Sagita Purnomo 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