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JURNAL MERCATORIA

mercatoria
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Published by Universitas Medan Area

ISSN : 19798652 EISSN : - DOI : -

Core Subject : Education, Social,

Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Mercatoria is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees. Published twice a year (June and December) and first published for print edition in June 2008.

Arjuna Subject : -

Articles 386 Documents

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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DAN PERHITUNGAN KERUGIAN KEUANGAN NEGARA BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG TINDAK PIDANA KORUPSI Ferra, Ferra; Tanoto, Stephanie; Lifia, Maliny
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Corruption is an extraordinary crime (extraordinary crime) that provides benefits for yourself by abusing the position of another party, where the act is not done alone and usually involves more than one person. Unlike the case with the crime of money laundering and bribery. This research is descriptive. Sources obtained are secondary legal material, the data is obtained from literature in the form of legal books, legal journals, and legal articles. Factors that encourage the occurrence of criminal acts of corruption usually originate from internal factors, namely the perpetrators themselves or external factors, namely from outside the perpetrators. To find out whether or not there is a criminal act of corruption, several financial calculation methods are made, namely the total loss method (the state financial loss method), the net loss method (the net loss method), the fair price method, and the cost price method. Law enforcement and the amount of recovery of state financial losses can be seen in the Corruption Act.

PENDAFTARAN PELAKSANAAN PUTUSAN ARBITRASE ASING YANG BELUM FINAL Wijaya, Cindy
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Indonesia regulates International Arbitration in the Article 65 to Article 69 of Law Number 30 of 1999. The registered award must always fulfil the requirements in Article 66 in order to be admitted and proceeded, and the applied awards must fulfil the requirements in article 67 in order to obtain exequatur. When the requirements do not meet the terms of engagement, as if the award is not finalized or in an appeal process or put aside, Indonesia may declare to refuse the enforcement. The purpose of the study was to find out about the application of foreign arbitration awards and the response of the District Court of Central Jakarta towards the applied award if the application of the foreign arbitration had not been finalized yet. The result and the discussion was that Law Number 30 of 1999 has not regulate in detail on how the foreign arbitration award can be refused, Therefore, it is necessary to have an amendment and a more detailed regulation on the requirements of application and the reasons for refusing foreign arbitration awards.

PEMBERDAYAAN KEARIFAN LOKAL MASYARAKAT ADAT BATAK TOBA DALAM MENCEGAH KEKERASAN TERHADAP ANAK Simbolon, Nanci Yosepin; Nasution, Muhammad Yasid; Lubis, Muhammad Ansori
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Children have rights guaranteed and protected by law so that the growth and development of children must be protected by every element of the country. The purpose of this study is to identify and explain the factors that cause violence against children in the family, to know and explain the forms of local wisdom contained in the Batak Toba tribe community to prevent violence against children in the family, to know and explain constraints and obstacles that arise in empowering local wisdom in the Batak Toba tribe. This research is a normative legal research and supported by empirical research. The data used in this research is secondary data. Factors causing violence against children in the family are poverty, parental education which is still lacking in terms of and patterns of child care, socio-cultural and technological advances and information and the environment. The forms of local wisdom of the Toba Batak community in preventing violence against children are pauli uhum (correcting mistakes) and manopoti sala (correcting violations). The obstacles and obstacles in empowering Batak Toba's local wisdom in preventing violence against children in the household are the concern of lawmakers and law enforcers, legal pluralism in Indonesia, the low level of socialization carried out by village and kelurahan officials.

ANALISIS YURIDIS TERHADAP HAK DAN KEWAJIBAN KARYAWAN OUTSOURCING BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN (PT. GARDA WIBAWA SUKSES) Filia, Filia; Wijaya, Rivaldo Putra
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Outsourcing systems are in great demand by other companies because the services of outsourcing companies help other companies run their businesses. Law No. 13 of 2003 has helped many new companies or companies that have been established to make efficiency through the use of outsourcing company services to produce certain products or services. In this research, the company that we research is outsourcing company PT Garda Wibawa Sukses. Employees at this company are given legal protection, such as: economic protection, social protection, and technical protection and this company also provides legal protection for female employees. In addition, employees in this company also have rights and obligations attached to each of them. Rights owned by employees can be obtained in accordance with those owned by employees in general. In addition to having rights, employees must obey the obligations set by the company and have been agreed by both parties. This type of research uses the Normative Juridical method, namely by conducting an analysis of outsourcing companies regarding the rights and obligations obtained by outsourcing employees at PT Garda Wibawa Sukses in accordance with statutory regulations.

Penerapan Pre-Sale Disclosure sebagai Perlindungan Hukum Pembeli Bentuk Bisnis “Business Opportunity Ventures” Ditinjau melalui Undang-undang Republik Indonesia Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Astrid Amidiaputri Hasyyati; Mukhammad Tismandico Ilham Zulfikar; Kadek Deddy Permana Artha; Arif Rahman
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

The form of business "Business Opportunity Ventures" that has developed in Indonesia has the same meaning as the franchise business form, but the two business forms are basically different. BO is regulated in the Business Opportunity Sales Law of 1995 by the Federal Trade Commission of the United States. Different forms of business certainly require different arrangements. This is motivated by the reason that the business forms that have not been regulated in a law are prone to fraud and injustice in the transaction process. buyers of this form of business. In this study using a normative juridical method with the statutory approach, conceptual approach, and comparative approach. Fraud and injustice received by BO Buyers can be done legally through the Consumer Dispute Settlement Agency as stipulated in the UUPK.

Tinjauan Yuridis Terhadap Tindak Pidana Perdagangan Mie Kuning Basah dengan Menggunakan Bahan Formalin (Putusan Nomor 2796/Pid.Sus/2018/PN Mdn) Wilbert Wilbert; Krisdayanti Wau; Venessa Chelsia
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

The practice of trading yellow noodles is often done by numerous irresponsible sellers because one of the chemicals they use as preservative is a very harmful substance, which is formalin. If consumed, formalin may cause allergy, cancer, stomach irritation, blood vomiting, and also death. Despite the fact that formalin is forbidden to be added in any kind of food products, it is still commonly found and being used by producers to ensure their goods last longer, stay fresh and can be sold with cheap prices. In this case, sellers or producers are more profit oriented and set aside customer’s health or safety. By using normative juridical research method, the writers intend to find out the liability which traders are held for selling formalin-preserved yellow noodles. In addition, legal protection to the victims who consumed it should be taken into account. National Agency of Drug and Food Control also have role in watching over and supervising food products that contain formalin. Criminal offenders will be given sanction as they have violated Consumer Protection Law. The result of this research shows that the traders are fined as much as Rp 2.000.000 (two million rupiah) for breaking Consumer’s Law Constitution Number 8 Year 1999 article 62 paragraph (1) and article 8 paragraph (1).

Penerapan Hukum Materil terhadap Pelaku Pembunuhan dengan Unsur Penyertaan (Studi Kasus Putusan Mari No. 966 k/pid/2014) Elfirda Ade Putri
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Murder accompanied by inclusion or carried out jointly is a special form of murder that incriminates the perpetrators. Basically, judges 'considerations in deciding cases, especially with murder cases, are sometimes not in accordance with applicable law, apart from that the sentence imposed is sometimes not in accordance with the perpetrators' actions, so that justice is not obtained, especially for the injured parties. There are differences in sentencing in each court, even though prior to sentencing, the judge has considered the same juridical considerations from each court level, whether it consists of indictments of the public prosecutor, defendant's statements, witness statements, witness statements, evidence and articles of law criminal. The application of material law by the Public Prosecutor in the Supreme Court Decision number 966 K / Pid / 2014 is not right. The public prosecutor uses the subsidair indictment using Article 338 paragraph (1) jo Article 55 of the Criminal Code. Public prosecutor did not ensnare the defendant Article Number 340 of the Indonesian Criminal Code, where the criminal act committed by the defendant contained an element of "planning".

Problematika Hukum dalam Pengelolaan Dana Desa berdasarkan Perspektif Otonomi Desa di Lampung (Studi Desa Paku Negara Kabupaten Pesisir Barat) Dauri Dauri; Thio Haikal Anugerah; Hanifah Nuraini
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

The birth of village autonomy has made the village more independent in taking care of the household in the village. With the promulgation of Law Number 6 of 2014 concerning Villages, the Domestic Metric Regulation Number 20 of 2018 concerning Village Financial Management makes village governments have their own autonomous bodies to manage village finances. Roles and responsibilities received by villages have not been matched with adequate Human Resources (HR) in terms of both quantity and quality. Even though the funds owned by a village are very large, but if they are not properly regulated in their planning and users, it will result in these funds being wasted or unable to provide maximum results in the use of these village funds. At present Indonesia Corruption Watch (ICW) many Village Officers, especially the Village Head, are affected by Hand Tagging Operations (OTT) by the Corruption Eradication Commission (KPK). The problem that will be discussed in this study is how the legal problems in the preparation of the Village Budget (APBDes) for village development and what are the inhibiting factors in implementing the APBDes preparation. The method used is normative legal research and empirical legal research. The results showed that, the legal problems in the preparation of APBDes went through 3 (three) stages, namely the preparation, evaluation and determination stages. However, in the preparation stage of the APBDes preparation process, it did not directly involve the community as stipulated in the legislation related to village financial management. the inhibiting factors of the Village apparatus and Village Association Institutions lack understanding of the Village Law and its implementing regulations, weak planning ability.

Analisis Yuridis terhadap Penerapan Sistem Pembuktian Terbalik Berdasarkan Undang-undang Tindak Pidana Korupsi Rahmayanti Rahmayanti; Muhammad Arif Maulana; Stanley Alvin; Nadya Elvara Lili Paly
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

The eradication of corruption was carried out in many ways, one of which with a reverse proof system which was established with the act of eradication of corruption crimes. The upside-down reproof is an aberration of evidence in the act of events. In order not to happen dualism rules in reverse proof it must have a clear criminal law rules in the use of the reversed evidence formulation. From all the explanations about this reverse proof law, as for the reverse-proof law, using the purely reverse-proof law and reason behind the limited changes in the criminal act Corruption, the upside-down proof only in the application of the trial of the judge never to provide the origin of the property but based on the evidence given by the public prosecutor.

Implementasi Model Double Track System: Sanksi Pidana dan Tindakan sebagai Sistem Pemidanaan terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika di Lembaga Pemasyarakatan Kelas II A Kabupaten Langkat Sri Sulistyawati; Iwan Setiawan; Bambang Hermanto
JURNAL MERCATORIA Vol 13, No 1 (2020): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v13i1.3530

Narcotics abuse is a danger that can destroy the next generation and hinder the development of the Indonesian nation in carrying out development in every sector of life. The narcotics problem is very much a concern of the people of Indonesia and especially the Province of North Sumatra because this province is ranked second after the Special Capital Region of Jakarta in the number of narcotics users. This research is very important in order to help the government program in order to avoid the youth of the nation's successors of narcotics users and provide a deterrent effect to the perpetrators of criminal acts of narcotics abuse. That the application of Law No. 35 of 2009 concerning narcotics has set about a double track system where narcotics addicts can be punished with actions in the form of rehabilitation. But in its application the judge always imposes criminal sanctions in the form of prison for drug addicts. So that more and more drug addicts in prison. The problems discussed in this study are the implementation of the double track system model, criminal sanctions and actions as a criminal system for the perpetrators of narcotics abuse crimes in Langkat Class II Penitentiary, whether this double track system can be implemented and whatever is an obstacle in the implementation of this double track system, by using the socio-legal research approach. Conclusions from the results of the study up to now the criminal system that was handed down in the Langkat District Court against narcotics criminals still used a single track system, so that all prisoners who served their sentences in Class II A Narcotics Lap Langkat were sentenced in the form of imprisonment.

Page 15 of 39 | Total Record : 386

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Agung Suharyanto

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windy@staff.uma.ac.id

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Kota medan,

Sumatera utara

INDONESIA