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INDONESIA
JURNAL MERCATORIA
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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Disparity in Judicial Decisions in Narcotics Crimes (A Study of Verdict No. 1192/Pid.Sus/2024/PN.Mdn and Verdict No. 1035/Pid.Sus/2024/PN.Mdn) Fithri, Beby Suryani
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13145

Abstract

This research aims to analyze inequality in judges' decisions in drug crime cases by studying two court decisions, namely Decision No. 1192/Pid.Sus/2024/PN.Mdn and Decision No. 1035/Pid.Sus/2024/PN.Mdn. These two decisions involved defendants who were subject to the same sentence despite significant differences in their roles and the amount of evidence found. M. Ramadhan acted as an intermediary with evidence of 0.79 grams of narcotics, while Ari Wibowo was more active in the narcotics network despite only having evidence of 0.04 grams. This research uses a qualitative method with a case study approach to evaluate the factors that influence judges' decisions, such as the role of the defendant and the amount of evidence in sentencing. The results showed that despite differences in the roles and evidence involved, both defendants were sentenced to the same sentence, namely 7 years and 6 months' imprisonment and a fine of Rp 1,000,000,000, with a subsidiary of 1 year's imprisonment. This finding indicates an inconsistency in the sentencing considerations, and suggests the need for stricter standardization in sentencing in drug cases to achieve justice that is more in line with the conditions and facts of each case.
The Position of Substitute Heirs as Perpetrators of The Murder of Direct Heirs Based on Civil Inheritance Law Aulyanti, Davina Dewi; Taupiqqurrahman
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13186

Abstract

This article aims to examine the position of a substitute heir who has killed a direct heir, based on Civil Inheritance Law, and analyze specific conditions under which the substitute heir, the perpetrator of the killing, could still inherit. To analyze this issue, a normative juridical research method is employed. For ease of research, the author presents a case illustration that is not based on real events. The data is collected through  literature studies and analyzed qualitatively. The necessary data sources include the Civil Code (KUHPerdata), the Compilation of Islamic Law (KHI), and relevant scholarly journals. This study concludes that the position of A1 as a substitute heir is obstructed from inheriting because they have killed A, based on the provisions of Article 838 of the Civil Code. However, there are specific conditions that could allow A1 to still receive their inheritance rights, considering that the inheritance still belongs to P, not A. One possible approach is for A1 to file a lawsuit in the District Court, requesting the judge to render a fair decision by taking into account factors of justice and the emotional relationship between A1 and P.
Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn) Juniawaty, Tata Adela; Harefa, Beniharmoni
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13315

Abstract

The helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility.
The Implementation of The Complete Systematic Land Registration Program as A Framework for Achieving Agrarian Reform Ardhana, Azriel Putra; Taupiqqurrahman
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13360

Abstract

This research aims to analyze the implementation of the Complete Systematic Land Registration (PTSL) program as an effort to accelerate Agrarian Reform, which aims to create justice and welfare for the people as mandated by the Constitution. The issue is focused on the agenda of accelerating Agrarian Reform through the Complete Systematic Land Registration, which has proven to have a positive impact on Indonesian society in terms of providing legal certainty of land ownership, thereby preventing the potential for agrarian conflicts. This research uses qualitative methods with a legislative approach and a conceptual approach, resulting in a juridical-normative type of study. Data were collected through unstructured observation methods and analyzed qualitatively. This study concludes that land registration in Indonesia until 2017 (before the PTSL program) only resulted in 46 million registered land parcels, whereas as of now, it has reached 117.9 million registered land parcels by September 2024. With the existence of land ownership certificates as proof of ownership, it will be able to provide legal certainty and minimize agrarian conflicts, thereby enabling the government's efforts in the Acceleration of Agrarian Reform to be achieved effectively.
Police Policy in Combating Narcotics Crime (Study at Medan Police Headquarters) Tampubolon, Siti Rohani; Isnaini; Suhaidi
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13375

Abstract

This study aims to analyze the policies of the Indonesian National Police (Polri) in combating narcotics crimes (study at Polrestabes Medan). Medan City is one of the areas most affected by narcotics trafficking, both from local syndicates and international networks. Polri policies include law enforcement, prevention through education and socialization, and rehabilitation for narcotics users. Based on this, the focus of the problems in this study are First, how is the Polri policy in combating narcotics crimes (Study at Polrestabes Medan) Second, What are the obstacles faced by Polri in combating narcotics crimes (Study at Polrestabes Medan). This study uses normative-empirical juridical research with descriptive data analysis. The results of the study show that although Polri has carried out various significant law enforcement operations and prevention programs, challenges such as the involvement of certain officers, high demand for narcotics among the community, limited rehabilitation facilities, and the complexity of international narcotics networks are still major obstacles. Therefore, efforts are needed to improve internal supervision, increase international cooperation, and increase the capacity of community-based rehabilitation and prevention programs.
The Role of The Police in Disclosing Cases of Motorcycle Theft at Medan City Police Station Panggabean, Denny Boy; Isnaini; Suhaidi
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13376

Abstract

This article aims to handle motorcycle theft in the jurisdiction of the Medan City Police and its surrounding areas. The purpose of this study is to examine and analyze the role of the Indonesian National Police in revealing motorcycle theft cases. The problem is focused on maintaining public security and order, law enforcement, protection, shelter and service to the community. This type of research uses normative legal research, meaning that this study tends to use secondary data, both primary legal materials and secondary legal materials. Data were collected using document studies and analyzed. Analysis for qualitative data was carried out by selecting articles containing legal principles. This study concludes that the Role of the Indonesian National Police in revealing motorcycle theft cases in the jurisdiction of the Medan City Police and its surrounding areas & Obstacles to the Indonesian National Police in providing security protection to motorized vehicle users occur due to 2 factors, namely legal factors and non-legal factors.
Legal Liability of E-Commerce Site Against Sales of Counterfeit Trademarks Products Rani, Marnia; Sibarani, Hos Arie Rhamadhan; Swastiwi, Anastasia Wiwik; Haryanti, Dewi
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14193

Abstract

This article examines the legal liability of e-commerce platforms for selling counterfeit trademark products in Indonesia. The problem focuses on the extent of responsibility e-commerce platforms hold under Indonesian trademark law, particularly Law Number 20 of 2016 on Marks and Geographical Indications and Law Number 28 of 2014 on Copyrights. A statutory approach is used as a theoretical reference to approach this problem. The data is collected by qualitatively analyzing relevant legislation and policies. The study results show that the Trademark Law in Indonesia has not regulated the sale of products using counterfeit brands in e-commerce. The Copyright Law in Indonesia only regulates that the manager of a trading place can be held accountable if a sale of products violates copyright. In contrast, the Trademark Law does not restrict this. So that confusion arises: can the organizer of an electronic system in online buying and selling be held civilly liable if their e-commerce site provides products using counterfeit brands.
Legal Aspects of Corporate Responsibility for Road Damage Caused by Overdimensioned and Overloaded Transport Vehicles Wardana Kusuma, Wisnu; Dede Amirudin; M. Popik Montanasyah; Sri Sarjana; Febrianto Fatah Yogatama
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14344

Abstract

This article aims to analyze the ideal construction of criminal liability for corporations responsible for violations of goods transportation with over-dimensional and overloading (ODOL) specifications. The problem is focused on the lack of effective legal framework and enforcement mechanisms to address corporate responsibility in ODOL vehicle violations that contribute to traffic accidents, road damage, and safety hazards. In order to approach this problem, a theoretical reference of corporate criminal liability and transportation law enforcement is used. The data is collected through legal research methodology including statute analysis, case studies, and regulatory examination, and analyzed qualitatively through normative legal analysis. This study concludes that an ideal construction of corporate criminal liability requires comprehensive regulations with firm government commitment, active participation from vehicle-owning companies, and strict sanctions targeting not only drivers but also their superiors and companies that order ODOL transportation, as well as vehicle owners, to create effective deterrent effects and maximize law enforcement in controlling over-dimensional and overloaded vehicles while addressing resulting problems such as traffic congestion, road infrastructure damage, and traffic accidents that may cause injuries or fatalities.
Urgency Analysis of Pet Regulation as Subject of Legal Protection Anadi, Yandri Radhi; Suhartono, Slamet; Mangesti, Yovita Arie; Prasetyawati, Endang; Cikusin, Yaqub
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14771

Abstract

This study analyzes the urgency of regulating pets as a subject of legal protection in Indonesia. Although pets have the right to be treated humanely, regulations in Indonesia do not specifically recognize pets as legal subjects entitled to legal protection. This study uses a normative juridical approach with an analytical descriptive method to examine regulatory gaps related to pet protection. Data was obtained through literature studies on laws and regulations, legal doctrines, and cases of violence against pets. The results of the study show that existing regulations, such as Criminal Code Article 302 and Law No. 18 of 2009, still focus on the health aspect of livestock and have not accommodated the basic rights of pets. In addition, criminal sanctions for perpetrators of violence against pets are considered ineffective in providing a deterrent effect. This study recommends the establishment of a special law on the protection of pets, a revision of the Criminal Code Article 302, and public education programs to increase awareness about pet rights. The implementation of these regulations is expected to strengthen legal protection for pets and encourage a paradigm shift in society in treating pets as legal subjects who are entitled to protection.
The Implications of Turkey's Polygamy Ban on Islamic Family Law Nurjannah; Akbarizan; Munir, Akmal Abdul
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14809

Abstract

This article aims to examine the rationale behind Turkey's ban on polygamy, the implications of the prohibition as well as the contradiction with Islamic family regulations. The study uses a qualitative methodology to examine the development of Turkish family law by applying both normative and historical approaches. The results show that the political and legal reforms carried out in 1926 under Mustafa Kemal Ataturk's rule are the source of Turkey's ban on polygamy and unfair treatment of women during the Ottoman Turkish era. Islamic law, which permits polygamy on reasonable grounds and limits it to four spouses, is in conflict with the ban on polygamy in Turki. The implications include the change of the principle marriage law to monogamy, the rise in illegal polygamy that leads to the disregard of the rights of wives and children, social deviations, changes in lifestyle, and injustice for couples who have certain conditions, like infertility or illness, that polygamy should be used to solution but are prohibited by the state.

Page 38 of 39 | Total Record : 386

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