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All Journal Jurnal Penelitian Medan Agama Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Gindo Nadadap
Sekolah Tinggi Ilmu Hukum Graha Kirana
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Settlement of Workers' Rights at PT Satelit Bintang Persada Through PKPU Legal Efforts at the Medan Commercial Court Nadapdap, Gindo; Sulistiawan, Hendrik; Alfarisi, Salman
Jurnal Penelitian Medan Agama MEDAN AGAMA, VOL. 15, NO. 1, JUNE 2024
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/jpma.v15i1.20776

Abstract

Generally, if a company is no longer able to provide for the welfare of its employees, then the company experiences a financial crisis and this will result in the company's bankruptcy. Bankruptcy or bankruptcy is legal certainty received by the debtor because of the court's bankruptcy decision. The result of bankruptcy is that the debtor's assets are placed under investment so that the debtor cannot have his assets back. The problem is that this research was conducted to reveal how the rights of PT workers are resolved. Bintang Persada Satellite through legal action at the Medan District Court and how the PKPU was resolved at the Medan Commercial Court. The research method uses normative juridical research methods. The research results show that PT. Bintang Persada Satellite was found guilty and had to pay workers their rights in accordance with the provisions of article 156 of Law no. 13 of 2003 which includes severance pay, long service awards and rights assignment money. Meanwhile, in the case of delayed debt payment obligations (PKPU) which occurred at PT. Bintang Persada Satellite where the company is deemed incapable and is no longer actively running its busines.
Land Acquisition Mechanism for Public Interest on Traditional Land: A Study of Rempang Eco City Paramyta, Dwi Sartika; Nadapdap, Gindo; Srikusuma, M. Rohmidhi; Simbolon, Juliana Permata Sari
Jurnal Penelitian Medan Agama MEDAN AGAMA, VOL. 15, NO. 2, DECEMBER 2024
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/jpma.v15i2.22870

Abstract

Indonesia, as an agrarian nation, faces the complexities of land management, particularly concerning customary land. The Basic Agrarian Law (UUPA) of 1960 and Law No. 2 of 2012 regulate land acquisition for public purposes. However, their implementation often triggers conflicts among the government, private entities, and indigenous communities. The case of the Rempang Eco City serves as a vivid illustration of such conflicts, highlighting the need to balance development interests with the protection of indigenous community rights. This study employs a normative juridical method with legal and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed through literature review and documentation. An inductive approach and legal interpretation are applied to understand customary land acquisition in the context of public interest. Customary land rights (hak ulayat) are recognized under the 1945 Constitution and the Basic Agrarian Law (UUPA) of 1960, provided they do not conflict with national interests. The Rempang Eco City case reveals tensions between the recognition of indigenous rights and the demands of national development. An ideal solution must prioritize deliberation, the acknowledgment of indigenous rights, and fair compensation for indigenous communities, adhering to the principles of social justice and sustainable development.The Rempang Eco City project underscores the importance of recognizing indigenous rights in land acquisition processes. Indigenous community participation, transparent consultations, and fair compensation are crucial steps to prevent conflicts. Therefore, a justice-based approach that emphasizes social welfare and human rights protection must take precedence in the process of acquiring customary land for public purposes.
Legal Analysis of Green Victimology in Environmental and Forestry Crimes Ningrum, Maya Puspita; Roza, Ahmad Fadhly; Komalasari, Komalasari; Nadapdap, Gindo
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24183

Abstract

Environmental and forestry crimes are serious violations that not only damage ecosystems but also threaten human sustainability. This study aims to examine the criminal law policy in addressing environmental crimes based on Law Number 32 of 2009 on Environmental Protection and Management, and to evaluate the application of criminal liability through in absentia procedures in illegal logging cases, as exemplified by the District Court Decision No. 954/Pid.Sus/2022/PN Mks. This research adopts a normative juridical approach with a descriptive-qualitative analysis of primary and secondary legal materials. The findings reveal that while the criminal law policy on environmental protection is normatively robust, its implementation faces challenges such as weak supervision and low public legal awareness. Furthermore, the in absentia mechanism has proven effective in ensuring justice when perpetrators evade legal proceedings, though it raises legal debates concerning the defendant’s right to a fair trial. This study underscores the need to strengthen regulations and procedural safeguards to enhance the effectiveness of environmental criminal law enforcement in Indonesia.
Co-Authors Ahmad Fadhly Roza Alfarisi, Salman DWI SARTIKA PARAMYTA Komala Sari Maya Puspita Ningrum Simbolon, Juliana Permata Sari Srikusuma, M. Rohmidhi Sulistiawan, Hendrik