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Analisis Yuridis Pelaksanaan E-Tilang Dalam Penanganan Pelanggaran Lalu Lintas M. Rikki Ramadhan; Alpi Sahari; Surya Perdana
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 2 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (161.375 KB) | DOI: 10.34007/jehss.v3i2.248

Abstract

Nowadays public service by the state apparatus has become a strategic issue because the level of quality of public service performance will determine the image of the state apparatus itself. The large number of complaints from the public as recipients of services to government agencies, illustrates how poor service quality has been in the past. Like public complaints that are often received due to slow service times and unclear service procedures and costs in resolving cases of traffic violations. On-line traffic violations are intended to overcome various problems related to the implementation of speeding tickets for traffic violations. The research method used in this thesis is analytical descriptive with normative legal research. Data collection techniques in this study use library research techniques as an instrument of document studies. In addition, interviews with informants are also carried out. Data analysis uses analysis qualitatively. The implementation of the synergy of online ticketing public services for the handling of traffic violations starting from the police to the court session stage has implemented the settlement of traffic violations through the sophistication of a computerized system that is connected to the entire BRI ATM network so that the public does not have to go to the prosecutor's office or the court. to solve the problem and without having to attend a court hearing by conducting an electronic payment system or e-commerce.
Penanganan Tindak Pidana Perkara Pelanggaran Lalulintas Di Satlantas Polres Pematangsiantar Septian Dwi Rianto; Alpi Sahari; Ahmad Fauzi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 1 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) Agustus
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.878 KB) | DOI: 10.34007/jehss.v3i1.199

Abstract

Traffic violations have become a habit of the road user community, so that every time an orderly operation of the traffic on the road is carried out by the authorities, traffic violation cases are still occurring and these violations often cause traffic accidents. The research method used in this research is to use a normative and empirical approach. i.e. conducts library research by researching and collecting library materials that are specifically related to laws and regulations and books relating to law and traffic, as well as field research conducted by observing observations and direct interviews with related objects. The results showed that the forms of traffic violations that occurred were motorists breaking traffic signs, driving not using a complete safety system. Some acts and sanctions for violations which are categorized as traffic violations regulated by Law No. 22 of 2009. Factors handling obstacles to traffic violations in Siantar Traffic Police Station Siantar, namely the human factor (Human Error), the factor of inadequate road infrastructure and facilities causing traffic violations. Efforts to deal with traffic offenses at the Siantar Police Traffic Police Unit are preventive and repressive measures to take action by giving a letter of reprimand or verbally, taking action by giving a ticket.
Pertanggungjawaban Pidana Terhadap Anak di Bawah Umur Pelaku Kecelakaan Lalu Lintas yang Mengakibatkan Kematian Aldo Fahrezi Raja Muda Lubis; Alpi Sahari; Surya Perdana
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4097

Abstract

Traffic accidents are events that are not intended to be expected and are expected to be used in the way of law and forms of legal action and human rights. Based on the results of the study, it was found that in the determination of the provisions and the portion of the traffic accident accidents which resulted in the loss of others most of the traffic accidents caused the loss of someone involving someone as the culprit, the judge was decided through restorative justice through the university. Another verdict handed down by the judge is the trial and trial of the victims of traffic accidents that cause the loss of lives of others. That the protection of the law confronts the victim of a traffic accident that causes the death of another person through the universe. This is based on the provisions of Law No. 11 of 2012 in Article 2 in the implementation of the Criminal Justice System for Children and the children, based on the basis of protection, justice, non-discrimination, the importance of the best part, the appreciation of the needs of the part, the survival and development of the children, guidance and guidance of the ministry, the promotion and the promotion of the sector, the promotion and the guidance of the civil society, the promotion and promotion.
The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community Alpi Sahari
Randwick International of Social Science Journal Vol. 2 No. 2 (2021): RISS Journal, April
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i2.224

Abstract

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).
Land Tenure Conflicts After the End of Use Rights for Plantation Legal Entities in Indonesia Alpi Sahari
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1944

Abstract

Land problems almost occur throughout Indonesia, without exception in Medan, North Sumatra Province. In Medan there is PTPN II land which, due to community needs, the government chose not to extend the HGU (Hak Guna Usaha) for the benefit of the community. The government considers that the people need this land more in order to meet the needs of life and the welfare of the entire community. The method used in this paper is juridical normative by adopting a legal synchronization approach, both vertically and horizontally, on land tenure conflicts after the expiration of the Legal Entity for Plantation Companies in Indonesia. Data obtained through literature search. The results show that the provisions regarding land tenure have been regulated in Law number 5 of 1960 concerning Basic Agrarian Principles or often referred to as UUPA. In article 16 paragraph 1 of Law Number 5 of 1960 UUPA, it is stated that land rights include ownership rights, land use rights, building use rights, usage rights, lease rights, land opening rights, rights to collect forest products, other rights that are not included in the rights mentioned above which will be stipulated by law as well as rights which are temporary as mentioned in Article 53 of Law Number 5 concerning UUPA. The existence of land rights that have been regulated in law often creates confusion and overlaps in the control of the land object. There is still a lack of and low understanding of the law by the majority of the community, are often used by irresponsible individuals with the intention of obtaining benefits in the form of land rights through control of the land. Then the role of the government has not run optimally in protecting the rights of land controlled by the community. The government has not been able to collect data and make complete registrations of land tenure in Indonesia. This is the cause of the frequent occurrence of land tenure conflicts so that the participation of all levels of society as well as the government is urgently needed..  
Legal Consequences on Cooperative Management Who Neglect to Carry Out Their Functions Resulting in Loss of Cooperatives Based on the 1992 Cooperative Law Mariyadi Mariyadi; Muhammad Arifin; Alpi Sahari
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3737

Abstract

Cooperatives are managed with the aim of improving the welfare of its members and society as a whole. As a legal entity, cooperatives have the authority and ability to carry out every legal relationship, both externally and internally, with humans or other business entities. Cooperatives as legal entities are represented by their organs, which in this case are cooperative management, supervisors and member meetings. There are many cases of cooperatives disbanding due to the negligence of the management which resulted in cooperative losses. Based on the results of the study it was found that the position of the cooperative management in Law Number 17 of 2012 concerning Cooperatives in Article 29 stipulates that the Cooperative Management is a representative of a legal entity, in this case cooperatives. That the legal consequences for cooperative management who neglect to carry out their functions resulting in cooperative losses based on the 1992 Cooperative Law depend on the accountability of the management at the Membership Meeting. If the report is accepted, then there will be no legal consequences. That the responsibility of the cooperative management who is negligent in carrying out its functions so as to result in the loss of the cooperative can be burdened with personal responsibility because the management as the party entrusted with the task of managing the cooperative can be burdened if it can be proven that the management has committed an unlawful act as stipulated in Article 1365 of the Civil Code.
Penegakan Hukum oleh Ditreskrimsus Polda Sumatera Utara terhadap Ujaran Kebencian Menggunakan Sarana Media Sosial Masfan Masfan; Didik Miroharjo; Alpi Sahari
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.159

Abstract

Law enforcement is a very important thing in the process of developing the Indonesian nation, where without law enforcement development will experience obstacles in its implementation, and the development process must be pursued to run regularly and sustainably (sustainable development) in every sector and across sectors. so that it can achieve its goal of providing protection and social welfare for all Indonesian people. The number of people in Indonesia is increasing every year. The research method used in this research is empirical juridical. The results showed that the investigators of the Ditreskrimsus Polda of North Sumatra determined the status of the reported party as a suspect in the enforcement of the hate speech law after clear evidence was available. The obstacles faced by the Ditkrimsus Investigators of the North Sumatra Police in enforcing the law against hate speech using social media are: the perpetrators are public figures, are considered to curb freedom of opinion, Simcar can be used without a registration process, lack of public awareness of the prohibition of spreading hate speech, and the circulation of fake accounts, a criminal policy that can be done to prevent hate speech crimes using social media is to make a policy so that all Simcars can only be used after going through the registration process and tighten the requirements for creating social media accounts to prevent fake account.
Analisis Hukum Pemberian Hak Guna Bangunan Di Atas Tanah Hak Pengelolaan Dari Pemerintah Daerah Kabupaten Deli Serdang kepada PT. Kawasan Industri Medan (Persero) Feri Efendi; Ahmad Fauzi; Alpi Sahari
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.44

Abstract

PT. Medan Industrial Area (Persero) is a state-owned enterprise engaged in industrial estate management services. PT. Medan Industrial Estate (Persero) as management rights holder can submit parts of the land to third parties according to the requirements of management rights holders which cover allotment, use, time period, and compensation with provisions for granting land rights to third parties, especially building usufructuary rights. on land management rights carried out by authorized officials based on legislation. The problem raised in this study, namely how the legal provisions for granting management rights over land from the Regional Government of Deli Serdang Regency to PT. Medan Industrial Area (Persero), the implementation of the surrender of parts of the land from PT. Medan Industrial Area (Persero) to third parties, especially the building rights for land management rights, and the accountability of PT. Medan Industrial Area (Persero) for the management of land rights granted by the Regional Government of Deli Serdang Regency
Perlindungan Hukum Terhadap Pemegang Sertipikat Hak Atas Tanah Ganda Yang Dikeluarkan Oleh Kantor Pertanahan Nasional Dalam Objek Yang Sama (Analisis Putusan Mahkamah Agung Nomor 1820 K/Pdt/2017) Tamami Dirga Jeis; Alpi Sahari; Ahmad Fauzi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.81

Abstract

The legal consequences for land title certificates with the same object, due to inaccuracy, inaccuracy, and negligence of the head of the land office, the consequence of issuing double certificates is legal uncertainty regarding ownership rights to property or land. ownership, so that the position is weakened and the double certificate can be overturned by the court. Legal protection for holders of land rights certificates, namely rights holders, namely the plaintiffs get legal protection as in Government Regulation Number 24 of 1997, and Article 19 paragraph (2) letter c, Article 23 paragraph (2), Article 32 paragraph (2). and Article 38 paragraph (2) of the UUPA, that documentary proof of rights acts as a strong means of proof. Analysis of the Supreme Court Decision Number 1820 K / Pdt / 2017 which states that the Property Rights Certificate is no longer valid no. 535 Pananjung Village is now Pangandaran Village, which was previously under the name YY changed to the name of Mr TAPT. The specification of this research is descriptive analysis, descriptive analysis means that this research is expected to obtain a detailed and systematic description of the problems to be studied. Due to the legal consequences of multiple land rights certificates with the same object, due to inaccuracy, inaccuracy, and negligence of the head of the land office, the result of the issuance of a double certificate is legal uncertainty regarding ownership of rights over ownership or control of land, so that the status of the certificate becomes weak and a double certificate can be canceled by the court, the next result is the revocation of the certificate. Legal protection for holders of land title certificates, namely rights holders, namely the plaintiffs receive legal protection as in Government Regulation no. 24 of 1997, and Article 19 paragraph (2) letter c, Article 23 paragraph (2), Article 32 paragraph (2) and Article 38 paragraph (2) of the UUPA, that letters of proof of rights act as a strong means of proof. Analysis of the Supreme Court Decision Number 1820 K / Pdt / 2017 which states that canceling the Freehold Certificate no. 535 Pananjung Village, now Pangandaran Village, formerly on behalf of YY, transferred to on behalf of Tuan TAPT, it can be seen that legal certainty and legal protection for land title certificate holders have not been fully realized
PERTANGGUNGJAWABAN PIDANA KORPORASI PERBANKAN Yohana Yohana; Alpi Sahari
JURNAL MERCATORIA Vol 10, No 1 (2017): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v10i1.619

Abstract

Korporasi merupakan badan hukum yang memiliki organ yang menjalankan usahanya. Organ tersebut terdiri dari pengurus dan pegawai korporasi yang memiliki tugas dan fungsi masing-masing. Korporasi dapat dipersalahkan apabila kesengajaan atau kealpaan terhadap perbuatan pada orang-orang yang menjadi alat perlengkapannya. Kesalahan tersebut bukan individual akan tetapi kolektif, karena korporasi menerima keuntungan. Penempatan korporasi sebagai subjek dalam hukum pidana tidak lepas dari perbuatan sosial. Bank sebagai korporasi memiliki pertanggungjawaban pidana atas kegiatan pemberian kredit yang dilakukan oleh bankirnya. Hal ini terjadi apabila kegiatan pemberian kredit  telah dilaksanakan sesuai dengan aturan perundang-undangan yang berlaku, dianalisis sesuai dengan prinsip kehati-hatian, dimaksudkan semata-mata untuk kepentingan bank tersebut, banker tidak mempergunakan penyaluran fasilitas kredit untuk keuntungan diri sendiri, dan banker dimaksud dalam menganalisis telah bertindak professional dan telah melaksanakan tugasnya sesuai dengan keahlian yang dimilikinya. Pertanggungjawaban pidana bagi korporasi di bidang perbankan dapat diterapkan, terutama apabila undang-undang di bidang perbankan itu sendiri telah mengaturnya
Co-Authors Agustian Sinurat Ahmad Fauzi Aisyah Aisyah Akalafikta Jaya Aldo Fahrezi Raja Muda Lubis Ario Putranto Aris Wibowo Arke Furman Ambat Asor Olodaiv Siagian Bagas Dwi Akbar Benyamin Sirait Boy Siregar Cardio S. Butar-Butar Chandra Priono Naibaho Daniel Octavianus Sinaga Daniel Oktavianus Sinaga Darman Lumban Raja Doddy Hermawan Doni Irawan Harahap Edy Jhon Manalu Elon Unedo Pinondang Endang Pakpahan Erwin Wijaya Siahaan Fauzi, Ahmad Feri Efendi Foni Mega Wahyuni Ghofur Hidayat Gunawan Marthin Panjaitan Hadi Nur Hanifah, lda Heri Edrino Sihombing Herzoni Saragih Horas Monang Jeffry Andi Gultom Hotdiatur Apri Wandi Purba Ida Nadirah Jarot Yusviq Andito Jayawarsa, A.A. Ketut Jorico Lavianchandra Junaidi Pardede Koto, Ismail M. Rikki Ramadhan Masfan Masfan Mhd Raja Lubis Miroharjo, Didik Muhammad Agustiawan MUHAMMAD ARIFIN Muhammad Ikhwan Mukhtar I Kadoli Munawar Sadzali Mustafa Nasution Nanci Yosepin Simbolon Napitupulu, Raffles Devit Marianto Onny Medaline Onny, Medaline P. A. JUANDA PANJAITAN Pinakri, Rapi Purwoko, Agus Riduan Riduan Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Septian Dwi Rianto Septian, Muhardani Budi Silaban, Erwin Ade Putra Simon Elika Simatupang Sinaga, Daniel Oktavianus Sirait, Benyamin Sitti Thrde Halawa Subrata, Bondan Suriadi Surya Perdana Sutardjo, Romadhoni Syam, Ismail T Erwin Syahbana T Erwinsyahbana Tamami Dirga Jeis Tito Alhafezt Togi P. O Triono Eddy Triyadi Triyadi, Triyadi Wahyu Sukma Wenny Moechtar Yemi Mandagi Yenni Maya Sari Yogi Nugraha Setiawan Yohana Yohana Yohana, Yohana Yusuf Hondawantri Naibaho Zefri Pandapotan Simamora Zefri Pandapotan Simamora Zulyadi, Rizkan