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All Journal Jurnal Hukum Samudra Keadilan Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Perspektif Administrasi Publik dan hukum
Jinner Sidauruk
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hak Serta Rehabilitasi Nama Baik Korban Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Jekson Kipli Lumban Toruan; Jinner Sidauruk
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i4.630

Abstract

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.
THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING CORRUPTION OFFENDERS AS AN EFFORT TO RECOVER STATE LOSSES July Esther; Juznizar Sinaga; Jinner Sidauruk; Nelly Kapitarani Panggabean
Jurnal Hukum Samudra Keadilan Vol 19 No 2 (2024): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v19i2.10647

Abstract

Research conducted by the author found that there were conflicts in law. This conflict in law occurred between Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Case under Article 4 of Law Number 31 1999 concerning the Eradication of Corruption Crimes. Related with the return of state losses in the Jampidsus Circular Letter Number: B- 1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling of Corruption Crime Cases states that if it has recover state financial losses, especially related to case Corruption crimes with relatively small losses need to be considered not to be followed up, except those which are still going on, meanwhile in Article 4 of Law Number 31 of 1999 concerning The Eradication of Corruption Crimes states that returns. State losses do not eliminate the punishment of the perpetrator. The Restorative Justice approach is if the Prosecutor's Office feel that there is a loss to the state's finances caused by the action criminal corruption and have small or no financial losses in the big fish category, the Prosecutor's Office can ask to investigate and issued a statement stating that the investigation into criminal acts of corruption This was stopped because the alleged perpetrator had returned the loss state and be proactive in the process of recovering financial losses that country. This is what is called the role of the Prosecutor's Office in implementing it restorative justice approach in resolving criminal cases corruption. The aim of this research is to analyze the implementation of implementation the principle of Restorative Justice in the context of Restitution State Financial Losses in handling criminal acts of corruption based on Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases
Legal Review of the Implementation of Public Information Openness Based on Laws and Internal Regulations at PT Pelabuhan Indonesia (Persero) Regional 1 Joyce Vania Sarumaha; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1280

Abstract

Public information disclosure is a key factor in building public trust and establishing good governance to ensure transparent and accountable management. This study aims to analyze the implementation of public information disclosure at PT Pelindo Regional 1 in accordance with Law No. 14 of 2008 on Public Information Disclosure, applicable board regulations, and established public information service guidelines. This research employs a normative legal method, focusing on analyzing relevant legislation, complemented by an empirical approach to collect and examine data related to the implementation of public information disclosure at PT Pelindo Regional 1. Data collection techniques include interviews with relevant stakeholders within the company to gain insights into the practical implementation of public information disclosure. The findings reveal that although PT Pelindo Regional 1 has made efforts to fulfill its public information disclosure obligations, challenges remain in delivering information to the public, particularly in terms of public awareness regarding their rights to access information. The study also identifies the categories of information disclosed to the public and information exempted from public disclosure, highlighting the limitations imposed on public access to certain information. Based on these findings, the study provides recommendations to enhance the effectiveness of public information disclosure at PT Pelindo, including increasing public awareness campaigns and strengthening existing public information systems.
The Urgency of Law Enforcement Regarding The Existence of Subsidiaries as a Form of Avoidance of Laws Prohibiting Monopoly Practices and Unfair Business Competition Dwi Natalia Martama Hutabarat; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1314

Abstract

This research analyzes the legal position of subsidiaries in the context of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main focus of the research is to identify legal loopholes in subsidiary regulations that can be exploited for monopolistic practices and unfair business competition, as well as formulating legal remedies to address them. The research uses a normative juridical method with a case study approach to Lion Group Airlines. The results show that the regulation of group companies, which is still based on the 2007 Company Law with a single company approach, has created legal loopholes that allow monopolistic practices through subsidiaries. This is evident in the Lion Group Airlines case, where discriminatory practices occurred through exclusive agreements between the parent company and its subsidiaries, which harmed other business actors. To address these issues, several legal measures are needed, including: (1) prohibiting manipulation of company organs through corporate actions, (2) establishing a special supervisory body, (3) prohibiting market manipulation through subsidiaries, (4) implementing reversed burden of proof for negative market impacts, and (5) nullifying agreements that result in unfair competition. This research recommends the need for revision of Law No. 5 of 1999 to regulate more comprehensively about monopolistic practices through subsidiaries and strengthen supervision of corporate actions.
Legal Analysis of Contract Change Orders (CCO) Affecting Addendums in Construction Contracts Rosiana Agnes Rizky; Martono Anggusti; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13573

Abstract

This study examines the influence of Contract Change Order (CCO) on addendum in a contract, focusing on the legal aspects and practical implications in the implementation of construction projects. CCO is an important instrument that allows changes in the scope, cost, and time of a project, which can lead to the issuance of an addendum. Through a juridical-normative approach and case study analysis of the Diponegoro Street Widening and Overlay project in Sragen, this study found that CCO has significant legal power in influencing addendum. The results show that CCO not only affects the cost and time of implementation but also the quality of the final project results. The addendum process is crucial to ensure that all changes are officially recorded, as well as to maintain compliance with applicable regulations. This study concludes that effective change management through CCO and addendum is key to achieving construction project success.
Legal Responsibility of Debtors for Late Repayment of Loans on the Shopee Application: Perspective of OJK Regulation No.10/PJOK.05/2022 on Information Technology-Based Joint Funding Services Fransiska Sinaga; Debora; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13575

Abstract

This study aims to understand the legal protection and legal responsibility of debtors in online loan agreements on the Shopee platform. This research is a type of normative juridical legal research, using a legislative approach, a conceptual approach, and a sociological approach. The results of this study are as follows: First, the legal protection provided to debtors of Shopee's Peer-to-Peer Lending (P2PL) loans, regulated by OJK, includes regulations governing peer-to-peer lending services, as outlined in Article 41 of PJOK Number 10/POJK 2022. Second, the debtor's responsibility for late loan payments on Shopee is to pay a fine of 5% of the total bill and record a default in the financial information system, which makes it more difficult to access future loans. If the delay continues, Shopee can freeze the debtor's account and involve a debt collector for collection.
Legal Review of Compensation for Revocation of Land Rights for the Purpose of Toll Road Construction Leyla Vani Panjaitan; Janpatar Simamora; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13614

Abstract

Land issues in Indonesia are an important issue that affects people’s lives, especially in the context of infrastrcture development. This study aims to analyze the form of compensation for the recovation of land rights for toll read construction and legal remedies that can be taken by land owners if compensation is not paid. The research method used is normative juridical with a qualitative approach, referring to the applicable laws and regulations, especially Lae No. 2 of 2012 and UUPA No. 5 of 1960. The results of the study show that the land acqusition proscess involves the stages of invertaarization, value determination, deliberation, compensation, and release of land rights. Compensation can be in the form of money, replacement land, resettlement, or shares. In the event of disagreement, the landowner has the right to file an objection to the District  Court and proceed to the Supreme Court if dissatisfied with the decision. This study emphaisizes the importance of legal protection for landowner in the process of land acquisition for the public interest.
Legal Protection for Buyers Who Suffer Harms in Buying and Selling Transactions on Social Media (From a Civil Law Perspective) Immanuel Lamhot Sitanggang; Jinner Sidauruk; Roida Nababan
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13834

Abstract

The development of digital technology has increased buying and selling transactions through social media; however, it has also raised various risks for buyers, such as products that do not match the description, defective goods, and fraud. This study aims to analyze the legal protection for disadvantaged buyers and the legal remedies available in social media transactions from a civil law perspective. The research method used is normative legal research with a statutory approach and qualitative juridical analysis of applicable regulations. The results show that legal protection for disadvantaged buyers is regulated under various laws, including the Civil Code (KUHPerdata), the Consumer Protection Law (UUPK), and the Information and Electronic Transactions Law (UU ITE). This legal protection includes preventive measures, such as regulations governing rights and obligations in electronic transactions, as well as repressive measures, such as dispute resolution mechanisms for affected buyers. Legal remedies available to buyers include litigation through the court system and non-litigation approaches such as negotiation, mediation, and arbitration. With clear legal protection and stricter supervision by the government and social media platforms, online buying and selling transactions are expected to be safer, more transparent, and provide legal certainty for all parties involved.
Analysis of Criminalization of Children Who Commit the Crime of Narcotics Trafficking Dwi Mika Elencia Sirait; Janpatar Simamora; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13857

Abstract

This consider analyzes the criminalization of children who commit the wrongdoing of opiates trafficking, as committed by children could be a genuine issue that requires extraordinary taking care of since children are the nation's era. The reason of this think about is to discover out the application of the criminal law for opiates trafficking wrongdoings committed by children and to know lawful cures in diminishing opiates trafficking wrongdoings committed by children. The inquire about strategy employments standardizing juridical with a administrative approach and a case approach. This think about concludes that the treatment of children is distinctive from grown-ups and there are legitimate measures that can be taken to decrease opiates wrongdoings committed by children.
Legal Protection Against Under Cover Buys in Exposing Narcotics Trafficking Jekson Kipli Lumban Toruan; Herlina Manullang; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13861

Abstract

The phenomenon of narcotics circulation that is increasing today requires a special investigative approach, one of which is the application of under cover buy. However, the implementation of under cover buys presents a high risk for the National Police who carry it out, so comprehensive legal protection is needed. This study aims to analyze the form of legal protection provided to the National Police that acts as an under cover buy, its implementation mechanism, and the obstacles faced in providing such protection. This study uses an empirical juridical research method with a normative juridical approach. Data collection was carried out through interviews with the Medan Police Drug Investigation Unit, field observations.
Co-Authors Debora Dwi Mika Elencia Sirait Dwi Natalia Martama Hutabarat Esther, July Fransiska Sinaga Glora Meliana Sitohang Herlina Manullang Immanuel Lamhot Sitanggang Janpatar Simamora Jekson Kipli Lumban Toruan Joyce Vania Sarumaha Juznizar Sinaga Leyla Vani Panjaitan Martono Anggusti Nelly Kapitarani Panggabean Ofelica Ruth Mayca Prayusti Sarah Simarmata Richa Yohana Rusli Siahaan Roida Nababan Rosiana Agnes Rizky Sirait, Dwi Mika Elencia Sovia Simamora