Sipayung, Parlin Dony
Universitas Simalungun

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Strategy for Combating the Crime of Sap Theft at PT Bridgestone: Juridical Analysis of Decision Number 590/Pid.B/2019/PN.Sim Rais, Azhari; Gultom, Sarles; Elpina, Elpina; Sipayung, Parlin Dony; Situmeang, Josua
Journal Analytica Islamica Vol 12, No 2 (2023): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v12i2.23420

Abstract

The theft of sap that occurs is very disturbing to the security and order of the community. The crime of sap theft is a problem that is very detrimental to many parties, including plantation owners. Theft is the most common type of crime in the midst of community life. Although this crime is not a crime classified as a serious crime, it can cause unrest in the community. so that legal efforts are needed by the police in tackling the crime of sap theft which is increasingly rampant. The purpose of this research is to find out the factors of the occurrence of the crime of theft of sap by the community, the legal regulation of the crime of theft of sap, and to find out the efforts to overcome the law apparatus in the theft of sap committed by the community.  The type of research used is empirical juridical research, which is descriptive in nature, which uses data collection tools in the form of interview techniques and literature studies, and is continued by conducting qualitative analysis. The factor that is most often used as an excuse for the perpetrators of the crime of sap theft is economic factors, accompanied by environmental factors and the low level of education of the perpetrators. The crime of theft of sap is basically regulated in Article 362 of the Criminal Code and the crime of petty theft is regulated in Article 364 of the Criminal Code which is adjusted based on Supreme Court Regulation Number 2 of 2012 concerning Adjustment of the Limitation of Petty Crimes and the Amount of Fines in the Criminal Code. The countermeasures taken by the Police by taking preventive actions by conducting counseling and routine patrols, while repressive actions are in the form of arrests, investigations, investigations and so on against the perpetrators. The solution of this research is that law enforcers should further increase countermeasures with the earliest possible prevention of the crime of sap theft.
Legal Analysis of the Rights and Obligations of Heirs in Full Inheritance Based on the Civil Code Gultom, Sarles; Sipayung, Parlin Dony; Purba, Van Lodewijk; Ulinta, Novi Marnata Roma; Damanik, Bela Riksa Z
Journal Analytica Islamica Vol 12, No 2 (2023): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v12i2.23421

Abstract

Inheritance is a regular process in civil law that regulates a person's assets after death to his/her heirs. According to Article 832 of the Civil Code, those who are entitled to be heirs are blood relatives, both those who are legitimate according to the law and those who are not married, and the longest-living husband and wife. This study aims to explain the rights and obligations of heirs in inheritance. The problem is formulated into three questions which in essence will discuss the regulation of the rights and obligations of heirs in inheritance entirely based on the civil code, as well as the role of heirs in the inheritance process. The research method used is the Normative Juridical legal research method. Data were collected through literature searches or libraries. Data analysis was carried out qualitatively, so that answers presented in the formulation of the problem could be found. The results of the study found that the Civil Code affirms specific rights and obligations for heirs. The rights of heirs according to the Civil Code include the right to receive a portion of the inheritance, including legally valid assets. They also have the right to file a lawsuit to protect their inheritance rights. On the other hand, heirs have an obligation to respect the will stated in the will, if any, and to divide the inheritance fairly in accordance with the provisions stipulated in the Civil Code. This obligation includes proportional distribution between heirs and settlement of debts and other obligations on the inheritance. Thus, the Civil Code provides a clear and firm legal framework for heirs in fully managing inheritance. To provide a deep understanding of the rights and obligations of heirs in inheritance, the application of civil law can be carried out fairly and in accordance with applicable provisions.