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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI
Siregar, Putri Habibah
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Law, Crime, Criminology & Criminal Justice

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DISPARITY OF JUDGES' DECISIONS REGARDING CRIMINAL OFFENSES THEFT OF PLANTATION PRODUCTS Syahyunan, Hengki; Zelibu, Yanto; Siregar, Putri Habibah
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6199

Abstract

The disparity in the application of the law against perpetrators of theft of plantation products is a law enforcement problem that must be resolved in order to create a sense of justice, certainty and legal benefits. The purpose of this research is to be a reference for law enforcers in applying fair, certain and useful rules. This research is an analytical descriptive research with a type of qualitative research that examines and analyzes references to journals, books, laws and regulations, and considerations of judges' decisions. The clear conclusion is that there is a disparity in the perspective of judges in imposing legal decisions on perpetrators of theft of plantation products. The disparity in judges' decisions in plantation theft cases reflects various challenges in the justice system. Factors such as variations in evidence, differences in legal interpretation, local social influences, and the quality of law enforcement play an important role in creating uncertainty. To achieve better justice and consistency in decisions, reforms in the justice system are needed, including improving the quality of law enforcement, especially judges. Thus, it is hoped that justice for victims can be achieved, and the justice system can be more trusted by the community.Keywords: Disparity; Plantation Products; Theft;
IMPLEMENTATION OF THE JUDGE'S DETERMINATION REGARDING MARRIAGE DISPENSATION BASED ON MARRIAGE LAW IN INDONESIA Siregar, SH, MH, Risdalina; Kumalasari M, Indra; Siregar, Putri Habibah
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6227

Abstract

This type of research is Empirical Juridical research. namely a research method that implements normative legal provisions (laws) and is described in facts in the field. The results of the research show that the Rantauprapat Religious Court Judge's consideration in granting or rejecting a request for marriage dispensation is based on the evidence submitted by the applicant. However, if the evidence submitted is complete and the reasons are urgent, the judge will grant the request for a marriage dispensation and then the applicant takes the marriage dispensation decision to the local Religious Affairs Office (KUA) to carry out the marriage. The results of this research show that the factors and basis for the judge's considerations behind the request for marriage dispensation are that it is urgent because the woman was already pregnant before legally marrying, as stated in article 7 paragraph 2 of Law No. 16 of 2019, and the administrative requirements marriage or other documents explaining the identity and educational status of the child and the identity of the parents/guardians (Article 5 paragraph (2) Perma No. 5 of 2019);Keywords: Determination; Judge; Dispensation, Marriage
CONTINUOUS IMPLEMENTATION OF CRIMINAL LAW FOR PERPETRATORS OF SEXUAL VIOLENCE AGAINST CHILDREN (STUDY OF DECISION NUMBER 670/PID.SUS/2022/PN KIS) Jannah, Maya; Kusno, Kusno; Ritonga, Muhammad Khairul; Hikmah, Nur; Siregar, Putri Habibah
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.7013

Abstract

This study aims to find out about the Continuous Implementation of Criminal Law for Perpetrators of Sexual Violence Against Children (Study of Decision Number: 670/PID.SUS/2022/PN KIS). This study is expected to help us understand how the application of criminal law for perpetrators of sexual violence is continuously applied to children as victims of sexual violence, so that the public can understand whether or not the application of criminal penalties for perpetrators of crimes is in accordance with applicable laws and regulations. This study uses a normative legal method and uses a type of legislative approach, and case studies. The type of data used is secondary data. Discussion Results: The Continuous Implementation of Criminal Law for Perpetrators of Sexual Violence Against Children based on Decision Number: 670/PID.SUS/2022/PN KIS is in accordance with what applies in the Law of the Republic of Indonesia Number. 23 of 2002 as amended by Law No. 35 of 2014 concerning Child Protection in conjunction with Article 64 paragraph (1) of the Criminal Code which states: “If several acts constitute a crime or violation and are related, then only one criminal rule shall be applied. And if the criminal rules are different, then the criminal rule with the most severe principal criminal threat shall be applied.”Keywords: Implementation, Criminal Law, Perpetrators, Sexual Violence, Continuously, Children
ANALISIS HUKUM PEMUTUSAN HUBUNGAN KERJA TERHADAP KARYAWAN KARENA KONSUMSI TUAK DALAM PERSPEKTIF KETENAGAKERJAAN INDONESIA Syahyunan, Hengki; Zelibu, Yanto; Siregar, Putri Habibah; Ritonga, Muhammad Khoirul; Siregar, Ahmad Ansyari
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7872

Abstract

Termination of Employment is a legal action that may be undertaken by an employer against an employee under certain conditions, including violations of workplace discipline. One controversial case involves the dismissal of an employee found consuming tuak (a traditional alcoholic beverage). This study aims to analyze the legal aspects of such termination based on Indonesian labor regulations and contributes to a broader understanding of cultural context in the enforcement of labor law in Indonesia. The research employs a normative juridical approach, using literature review and case analysis. The findings indicate that termination of employment due to the consumption of tuak can only be legally justified if the act occurred during working hours, within the workplace, or demonstrably affected job performance and workplace safety. Termination is deemed unlawful if it does not follow the prescribed procedures or lacks sufficient evidence of serious misconduct as stipulated in the company's internal regulations. Therefore, any termination decision must take into account the principles of fairness, proportionality, and legal certainty for both parties.Keywords: Tuak; Company; Termination of Employment
The Implementation of Corporate Social and Environmental Responsibility by Palm Oil Plantation Companies Toward the Community : A Case at PT Daya Labuhan Indah Pangkatan Lelisari; Siregar, Putri Habibah; Nasution, Nurlaila
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6296

Abstract

Corporate social and environmental responsibility is a duty for firms involved in operations concerning natural resources, such as palm oil plantations. The palm oil business is a crucial sector in Indonesia; nonetheless, its sustainability frequently poses environmental and social issues. This study seeks to examine the execution of corporate social responsibility (CSR) by PT Daya Labuhan Indah Pangkatan concerning the environment and local communities, along with the challenges encountered in fulfilling these obligations. The study employs a normative juridical methodology, concentrating on the implementation of legal norms and principles derived from positive law, utilising both statutory and conceptual frameworks. To substantiate this, actual study was undertaken within the company. PT Daya Labuhan Indah Pangkatan executes corporate social responsibility initiatives via environmental greening activities in three villages. Contributions comprise 200 mahogany seedlings, 100 glodokan trees, 100 mango saplings, and 200 hybrid coconut trees. In the education sector, PT Daya Labuhan Indah (Wonosari and Sei Deras estates) supplied landfill support to public junior high schools and contributed decorative stones to a local women's organisation. Furthermore, the corporation constructed two public restrooms and a borewell in adjacent settlements. Nonetheless, the application of CSR remains inconsistent and has yet to be institutionalised. It is conducted freely rather than as a formal requirement. The company continues to depend on its parent organisation, PT Wilmar Group, for corporate social responsibility projects. Significant impediments comprise the view of CSR as a fiscal encumbrance, insufficient allocated resources, lack of organised initiatives for community economic advancement, varying interpretations of CSR, and the belief that CSR is not a global imperative.
Co-Authors Hengki Syahyunan Jannah, Maya Kumalasari M, Indra Kusno Kusno Lelisari Nasution, Nurlaila Nur Hikmah Ritonga, Muhammad Khairul Ritonga, Muhammad Khoirul Siregar, Ahmad Ansyari Siregar, Risdalina Syahyunan, Hengki Zelibu, Yanto