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All Journal JUPIIS: Jurnal Pendidikan Ilmu-ilmu Sosial Jurnal Akta Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum DOKTRINA: JOURNAL OF LAW Jurnal Ilmu Kepolisian Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Pengabdian Masyarakat (ABDIRA) Journal Of Human And Education (JAHE) All Fields of Science Journal Liaison Academia and Sosiety Journal Liaison Academia and Society Priviet Social Sciences Journal Nanggroe: Journal Of Scholarly Service Nanggroe: Journal of Scholarly Service Jurnal NORMATIF Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Munawir, Zaini
Universitas Medan Area
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Pelaksanaan Pembagian Harta Warisan Berdasarkan Hukum Adat Pada Masyarakat Suku Minangkabau Di Kota Matsum II Medan Huma Sarah; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.504

Abstract

Indonesia has diverse customs, one of which is the Minangkabau tribe. Many Minang tribes go abroad to big cities that aim to change their destiny. The custom of the Minangkabau tribe is regulated according to the mother law (matrilineal). Over time the adat experienced a shift, especially in terms of the distribution of inheritance, especially the people of Bukittinggi, West Sumatra, who migrated or left their hometowns to Matsum II City, where the community had 80% inhabitants inhabited by the Minang tribe community. This raises the interest of writers to find out what is the cause of the shift in customs occur. The research method used is to come directly to the field and conduct interviews by taking a sample of 10 people, the sample was randomly selected by the criteria of the people who have Minangkabau ethnicity. Based on the results of the author's research conducted in the City of Matsum II, Medan Area District, 90% actually no longer use the customary inheritance system in the distribution of inheritance. The factors causing changes in the inheritance distribution system is due to the migration of the Minangkabau tribe community who have assets based on the results of the livelihood with their husband and wife while they are overseas so that the Minangkabau tribal people prefer the distribution of inheritance based on Islamic law.
Pengaruh Mediasi Dalam Penyelesaian Sengketa Waris Khozanah Ilma Terok; Zaini Munawir; Anggreni Atmei Lubis
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.471

Abstract

Mediation in the process of proceedings at the Court is an important stage, so the Judge can delay the proceedings. At the first session, the Judge was obliged to encourage the parties to carry out the mediation process and provide explanations to the parties regarding the procedures and costs of mediation. This is important so that the parties can know the mechanisms, procedures and costs of mediation that must be issued in the mediation process. The mediation process is divided into three stages, namely the pre-mediation stage, the stage of mediation implementation, and the final stage of the implementation of the mediation results. The mediation stage begins with important steps: preliminary remarks by the mediator, presentation and presentation of the parties' stories, sorting and clarifying issues, discussing and negotiating agreed issues, creating options, finding points of agreement and formulating decisions, recording and retelling decisions and closing mediation. Effect of the mediation process in resolving inheritance disputes in Decision No.2570 / Pdt.G / 2017 / PA. Mdn can be said to be successful, because the parties to the dispute can reconcile according to the peace deeds made and agreed by each party in litigation. Constraints faced in the mediation process in resolving disputes over the distribution of shared assets after divorce, namely the absence of a mechanism that can force one party or parties to attend mediation meetings, lack of goodwill of the parties to reconcile.
Tinjauan Yuridis Jual Beli Sawit Antara Pemasok Sawit Dengan Masyarakat Aek Torop Desa Asam Jawa Nadya Francela Hasibuan; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.489

Abstract

The purpose of this research is: to find out how the form of sale and purchase agreement between toke oil palm and the people of Aek Torop, Asamjawa Village, Torgamba Labuhanbatu Selatan District in accordance with Article 1320 of the Civil Code and to find out what the forms of rights and obligations and the termination of the sale and purchase agreement between toke oil palm and the Aek community Torop Asamjawa Village, Torgamba South Labuhanbatu District. The type of research the writer uses is normative legal research. The results showed that the form of agreement made by the supplier (toke) with the Aek Torop Community, Asamjawa Village, Torgamba South Labuhanbatu District is a direct agreement system, where the agreement is made through a face-to-face process, and the validity of the agreement is made by shaking hands. The contents of the agreement are the terms of price and payment system that will be carried out by both parties. The form of rights and obligations that must be carried out by both parties is to give the harvest (palm oil) to the toke and pay the harvest (palm) which has been weighed according to the agreed price. The agreement ends when the farmers give their crops and the supplier pays the scales according to the set price.
Tinjauan Yuridis Perbuatan Melawan Hukum Penguasaan Rumah Toko Yang Merupakan Harta Warisan (Studi Putusan Nomor 215/Pdt/2017/PT. Medan) Christian Situngkir; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.491

Abstract

Acting against the law is not only against the law, but also acts or does not violate the rights of others against decency or caution, appropriateness and propriety in public traffic. Actions against the law can also be interpreted as a collection of legal principles that aim to control or regulate dangerous behavior, to give responsibility for a loss that arises from social interactions, and to provide compensation to victims with an appropriate lawsuit. This type of research used in this paper is normative juridical. The research objective is to examine the juridical action against the law. The legal consequence of an illegal act committed on the basis of inheritance is that someone who commits an act against the law will be subject to sanctions in the form of compensation in accordance with the provisions in book III of the Civil Code which has been explained about Acts against the Law (PMH) starting from Article 1365 of the Civil Code up to Article 1380 KUHPerdata Legal settlement in unlawful acts committed on the basis of inheritance based on decision No. 215 / pdt / 2017 / PT. Mdn is settled by means of compensation that has been agreed between the parties and has been stated in the contents of the verdict of this case.
Penerapan Hukum Terhadap Tindak Pidana Pembunuhan Dengan Sengaja Merampas Nyawa Orang Lain (Studi Kasus Nomor Putusan 616/Pid.B/2015/PN. Lbp) Martinus Halawa; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.915 KB) | DOI: 10.31289/juncto.v2i1.228

Abstract

A fact that in the association of human life, individuals and groups, there are often deviations from the norms of his life, especially known legal norms. Where in mutual human association, this deviation of legal norms is referred to as a criminal offense. In recent years there has been more and more crime against human souls in society. The research method used in this study is the Library Research and Field Research. Judge's consideration or Ratio Decidendi is an argument or reason used by the judge as a legal consideration that becomes the basis before deciding a case. In practice before this juridical consideration is proven, the judge will first withdraw the facts in the trial that arises and constitute the cumulative conclusions of the witnesses' statements, the defendant's statements, and the evidence. The application of the law in this case to the murder case is legitimate while in reasonable terms because the application of the law must be in accordance with what was done by the perpetrators because the deterrent effect that is expected in the application of this law is very important.
Awareness of Medan Area Students in Demanding Against the Law of Drug Abuse, the Prevention of Radicalism and Terrorism Zaini Munawir S; Abdul Lawali Hasibuan
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 2 (2020): 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.v3i2.968

Abstract

The progress of a nation can be seen from the level of legal awareness of its citizens. The higher the legal awareness of a country's population, the more orderly life of society and the state. Conversely, if the legal awareness of a country's population is low, what applies there is jungle law. Does the legal awareness of today's society need to be increased? Has it declined so much? What can we overcome in today's society related to legal awareness? In accordance with what has been stated above, that legal awareness is essentially awareness of the existence or occurrence of "unlawful" or "onrecht", let us see whether in today's society many things or events that are judged as "unlawful" or "onrecht". Indeed, the reality is that legal awareness is only being debated or crowded in the newspapers if legal awareness is declining or does not exist, if there are legal violations: drug abuse, radicalism and terrorism, murder, corruption, extortion, fraud , begal and so on. The level of legal awareness of students towards acts against the law uses four indicators, namely Legal Knowledge, Legal Understanding, Legal Attitudes and Legal Behavior.
Analisis Yuridis Persekongkolan Tender Rehabilitasi Jalan dalam Perspektif Hukum Persaingan Usaha (Studi Kasus Putusan Nomor 14/Kppu.1/2018) Abdul Hafiz Rangkuti; Taufik Siregar; Zaini Munawir
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1201

Abstract

In general, what is said to be conspiring is cooperation carried out by business actors with other parties at the initiative of anyone and in any way in an effort to win bidders. The purpose of the research is to find out and understand how the regulation regarding tender conspiracy according to business competition law in Indonesia, to know and understand the proof of tender conspiracy as well as to know and understand how the application of business competition law in decision Number 14/KPPU.I/2018. The method used in this paper is normative juridical, namely a research method that examines document studies, by using various data such as legislation, legal theory of court decisions.The result of the research written in this thesis is that the regulation regarding tender conspiracy is regulated in Article 22 of Law no. 5 of 1999 and regulated in Perkom No. 1 of 2019, evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled and based on the evidence in Article 45 of Perkom No.1 of 2019 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 is to provide administrative action in the form of a fine to punish the Reported Party I and II in the amount of Rp.1,769,000. 000, which must be deposited into the State Treasury. The conclusion of the arrangement regarding tender conspiracy is regulated in Article 22 of Law No. 5 of 1999 and regulated in Perkom No. 1 of 2019. The evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 provides administrative action in the form of a fine.
Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi Jihan Fadzillah; Zaini Munawir; Marsella Marsella
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1205

Abstract

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Dalam Rumah Tangga di Desa Bandar Khalipah Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang Zaini Munawir; Fitri Yanni Dewi Siregar; Raudha Anggraini Tarigan
Pelita Masyarakat Vol. 4 No. 1 (2022): Pelita Masyarakat, September
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/pelitamasyarakat.v4i1.6876

Abstract

Domestic violence is not only physical, but psychological and sexual which can happen continuously. Threats with weapons and death are the biggest risks that can arise if domestic violence is not stopped. Violence against children in the family by their own parents is basically a crime even though the motivation is right. This service aims to find out what forms of violence are experienced by children as victims of domestic violence (DRT) and how are forms of legal protection for children as victims of domestic violence in Bandar Khalipah Village, Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang. This community service activity is a form of implementation of the collaboration between the Medan Area University and Bandar Khalipah Village, Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang. This Community Service is carried out for 3 days starting on 09, 10 and 11 November 2021, 14.00 - Finish which consists of planning, preparing and implementing service activities. The conclusion that can be drawn from this activity is the need for special attention to institutions in charge of protecting children such as LPKA, LPAS and LPKS institutions and providing socialization of laws and regulations relating to child protection to all levels of society.
TINJAUAN YURIDIS PERKAWINAN ADAT SUKU ANAK DALAM DENGAN PERKAWINAN SECARA PERDATA DI KABUPATEN SAROLANGUN JAMBI (Studi Pada Kantor Camat Air Hitam Kab. Sarolangun, Jambi) William Vincent Purba; Zaini Munawir; Sri Hidayani
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1373

Abstract

The purpose of the study was to find out the legal arrangements in marriage based on customary law and civil law, to determine the impact on the rights of children born in tribal marriages, using data sourced from primary data, secondary data, tertiary data, data collection techniques namely by library research collecting data from books, dictionaries, scientific works, conducting direct interviews with traditional leaders and to the Air Hitam sub-district office, Sarolangun Regency, Jambi. From the results of the research that has been carried out, the authors draw the conclusion that legal arrangements in customary law marriages and civil law are arrangements in marriage based on customary law, marriages carried out on the basis of customary law norms certainly cannot be seen as a violation of rules according to national law because marriage is legal, but on the other hand in this case the government has other rules that must be followed. The impact on the rights of children born in tribal marriages, there will be discriminatory treatment of marriages that are not registered at the Civil Registry Office. The legal consequences, one of which occurs in birth certificates for children whose marriages have not been registered, where the names of the father and mother can be written on the certificate, related to the rights of the child born regarding the division of inheritance in the Tribe of Children. but the absolute right of parents in dividing the share
Co-Authors A.A. Ketut Agung Cahyawan W Abdul Hafiz Rangkuti Abdul Lawali Hasibuan Ahmad Senang Amrin Mulia Utama Nasution Amrin Mulia Utama, Amrin Mulia Andika Try Anantama Anggreni Atmei Lubis Azwir Agus Babby Hasmayni Christian Situngkir Fatmawati, Eka Fitri Yanni Dewi Siregar H.A. Lawali Hasibuan Harahap, Arifuddin Harahap, Muhammad Yadi Hasibuan, H.A. Lawali Herlina Hanum Harahap Huma Sarah Jihan Fadila Jihan Fadzillah Khairun Nisa Khozanah Ilma Terok Mahalia Nola Pohan Marsella Marsella Martinus Halawa Mina, Revi Fauzi Montayana Meher Muhammad Yusrizal Adi Syaputra Nadya Francela Hasibuan Nasrullah Pagar, Pagar Panjaitan, Budi Sastra Pasaribu, Indri Yani Rafiqi Rahalim Raja Muda Harahap Raudha Anggraini Tarigan Ridho Mubarak Riswan Munthe Rizkan Zulyadi Simanungkalit, Monica Dameria Vicarista Sintha Dewi Silalahi Siregar, Taufik Sofwan Tambunan Sri Hardini Sri Hardini, Sri Sri Hidayani Sri Hidayani Syahmedi, Ramadhan Taufik Siregar Waridah Waridah Waridah Waridah, Waridah William Vincent Purba Windy Sri Wahyuni