Jurnal Ilmiah Penegakan Hukum
Jurnal Ilmiah Penegakan Hukum 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
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<![CDATA[Perbandingan Hukum Pembubaran Partai Politik Jerman dan Indonesia ]]>
<![CDATA[Nadzirotus Sintya Falady]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 1 (2020): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i1.3651
<![CDATA[The objective of this article is to analyze the mechanism of dissolution political parties in Germany in order to find the right policy of dissolution political parties in Indonesia. Normative juridical research methods are used in this study with case studies and comparative approaches. The data source used is the secondary data source, which consists of primary legal material, secondary legal material, and tertiary legal material. This research analyzed descriptively qualitative. The conclusion obtained is that the dissolution of political parties denied the right of association and assembly which is endorsed by the constitution. The German Constitutional Court has disbanded political parties proportionally by examining and deciding on the dissolution of political parties not only in text but also in the context which meets the criteria of ”clear and present danger” to the sovereignty of the German Federal Government and the free democratic basic order. Therefore, it is necessary to redesign the disruption of the dissolution of political parties in Indonesia with empirical sociological and psychological studies in order to meet the ”clear and present danger” criteria]]>
<![CDATA[Tinjauan Yuridis terhadap Transaksi Online oleh Anak di Bawah Umur Berdasarkan Hukum Positif Indonesia ]]>
<![CDATA[Benny Benny]]>;
<![CDATA[Finley Larissa Wilhelmina]]>;
<![CDATA[Verina Tania Ruandi]]>;
<![CDATA[Sonya Airini Batubara]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 1 (2020): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i1.3668
<![CDATA[This article aims to see the development of online transactions that continue to cause new problems for the rule of law that has been established in a single jurisdiction. Problems that still arise are not only related to the preparation and evidence of contracts but also in other fields. There is a large amount of literature on how existing laws are currently being or might be developed, and how the parties to a contract solve the problems that might be caused by an invasion of online transactions. online transactions are new discovery transactions in the form of trade in which the seller and buyer do not encounter directly but only use the internet media. This study uses a normative juridical research method to address these online transactions operated by minors against the legal arrangement of the online trading system and legal protection mechanisms in which the results of this study indicate that the validity of minors is regulated in article 1320 of the Civil Code. Legal protection for legal events online transactions conducted by minors are racing against the electronic system agreed upon as regulated in article 19 of Act No. 19 of 2016 concerning Information on Electronic Transactions.]]>
<![CDATA[Tinjauan Yuridis terhadap Kedudukan Fintech Yang Tidak Terdaftar di Otoritas Jasa Keuangan ]]>
<![CDATA[Muldri Pudamo James Pasaribu]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.5125
<![CDATA[This study aims to, firstly, find out the legal standing of Fintech that is not registered with the Financial Services Authority; Second, to find out the efforts of the Financial Services Authority in dealing with unregistered Fintech. The normative research method used to obtain complete data as the basis for writing scientific papers. Fintech or Financial Technology is a revolutionary business concept that combines the financial business with the development of modern technology and is part of the Industrial Revolution 4.0. Generally, Fintech are companies engaged in financial services that maximize the use of technology to facilitate users of financial services. With the issuance of Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services, which regulates Fintech's obligations to comply with applicable regulations including registration and processing of Financial Services Authority permits]]>
<![CDATA[Tinjauan Yuridis terhadap Perceraian Disebabkan Kemandulan Isteri dalam Perkawinan ]]>
<![CDATA[Deby Syahputri Ritonga]]>;
<![CDATA[Agus Salim Daulay]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 4, No 1 (2017): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v4i1.1945
<![CDATA[Juridical review Against Infertility Caused Divorce Wife In MarriageMany people crave marriage, both men and women. A married couple who are not harmonious because they cannot be trusted from marriage with divorce. This study uses a type of normative legal research, a scientific research procedure to find truth based on legal scientific logic from the normative side. The characteristics of this research are descriptive, namely research carried out with the main objective, objectively determining objectives. The technique of collecting data in it is by collecting legal materials consisting of basic materials, legal materials and non-legal materials. Children in a family are very helpful if there is no family that can produce offspring, nor is there a family with a divorce caused by one party. Various reasons can be used as reasons for divorce, one of which is a continuous disp]]>
<![CDATA[Aspek Hukum Penyederhanaan Perizinan Badan Usaha di Bidang Lingkungan Hidup dalam Undang-Undang Cipta Kerja ]]>
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 2 (2020): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i2.3968
<![CDATA[This study aims to determine the concept of business licensing in the environmental sector contained in Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) using a permit-based approach (license approach) which will be converted into a standard application and a risk line (Risk). -Based Approach / RBA) in the Job Creation Law, this means that later the granting of permits will be carried out by the central government based on the calculation of the value of the level of danger and the value of potential hazards to aspects of health, safety, environment and/or resource utilization. The research method used is a normative juridical approach based on primary legal materials. This study uses an approach: statute approach, conceptual approach, and case approach. The technique of tracing legal materials uses document study techniques, and the analysis of studies uses qualitative analysis.]]>
<![CDATA[Konstitusionalitas Kemandirian Lembaga Penyelenggara Pemilihan Umum (Analisis Putusan Mahkamah Konstitusi Nomor 81/PUU-IX/2011) ]]>
<![CDATA[Reza Syawawi]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 2 (2020): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i2.4204
<![CDATA[This article analyses the Constitutional Court Decision No 81/PUU-IX/2011 that strengthen the existing of Election Management Body in Indonesia as an independent body. The problem statement focused on the Constitutional Court’s consideration on putting the idea of the independence of electoral management body as stated on UUD 1945. The trend of election management body in other country shows that democratic countries are leaving the partisan type of election management body. This argumentation depart from the belief that the independence election management body will guarantee the more democratic election. The emergence of the provision in the Law No 15/2011 that accommodate the political party member to become the commissioner of the election management body considered as inconsistent with the original intent of the amendment of UUD 1945 that require the independent election management body. However the formulation of Article 22E Paragraph (5) UUD 1945 is not explain explicitly so it raised the different interpretation from the law maker. As of that, there is a need to clarify the criteria of the independence of election management body in the UUD 1945]]>
<![CDATA[Hak Imunitas Anggota DPR RI Sebagai Pejabat Publik dalam Hal Menjalankan Tugas dan Wewenangnya ]]>
<![CDATA[Faisal Akbar Nasution]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.5123
<![CDATA[The idea of democracy demands that every form of law and various decisions be approved by the representatives of the people and perhaps consider the interests of the people. Authorization, a law is in the hands of the DPR together with the President and does not involve the holders of sovereignty, namely the people in the process of ordering it, but currently the role and the people in influencing policies to produce a law and to assess the validity of a law laws cannot be underestimated. The research aims to provide immunity rights for members of the DPR RI as public officials in carrying out their duties and authorities. The research method used in this research is normative juridical legal research using an invited approach and the doctrine applied to a legal problem and is prescriptive in nature which is expected to be applied in society. The results of the study concluded that in carrying out their duties and authorities, members of the DPR RI need to be properly and respectably protected with their level of honor as people's representatives who have been elected by the people and each member of the DPR RI must also reflect respectable and foremost personal and behavior in law enforcement]]>
<![CDATA[Perlindungan Terhadap Perempuan Korban Prostitusi Online ]]>
<![CDATA[Arie Benedict Pardede]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 2 (2020): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i2.4223
<![CDATA[This research aims to find out. Prostitution in Indonesia is considered a crime against decency and against the law. The issue is focused on the criminal provisions on online prostitution in Indonesia, aspects of legal protection against women as victims of online prostitution crimes, local government policies in the protection of women victims of online prostitution crimes. in this matter is used approach to legal protection theory and criminal policy theory. The data was collected through normative juridical legal research methods, where the approach to the problem uses a statutory approach to the criminal law of women victims of online prostitution and is analyzed qualitatively. The study concluded that a new law would be needed to take care of victims, by establishing regulations that could ensnare users of online prostitution services. The role of the police and judges to provide restitution and rehabilitation rights to TPPO victims is very important efforts to restore security for TPPO victims. The participation of local governments, especially the Provincial Government of North Sumatra through the women's and children's protection services responded to the issue of legal reform by issuing regional regulations on the protection of women and children from acts of violence is not enough because the government is more impressed pasih in the form of its services.]]>
<![CDATA[Kesadaran Hukum Masyarakat Terhadap Hukum Di Area Publik Kota Medan Dalam Kehidupan Sehari-Hari ]]>
<![CDATA[Azmiaty Zuliah]]>;
<![CDATA[Adi Putra]]>;
<![CDATA[Dian Hardian Silalahi]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4746
<![CDATA[Public legal awareness in daily life in Indonesia, especially in Medan, still has serious problems. The facts and reality about the increasing number of law violations and deviant actions that are happening are actually happening right before our eyes. These illegal acts and deviant behavior occur not only in certain locations in almost all daily life, especially in big cities. The research used is a combination of a normative juridical approach and a qualitative empirical juridical approach. The purpose of this normative juridical research is to analyze the concept of legal and regulatory concepts that are closely related to the subject matter. The empirical juridical approach is used to see the law as a pattern of community behavior and is seen as a social force in the implementation of legal compliance carried out by people in the city of Medan. The type of data used in this research is primary data obtained through field studies (field research). Research results Public awareness of the law is still weak, it is still finding violations of the law in markets, roads, sidewalks, the environment and public facilities in Medan. Public legal awareness needs to be increased by implementing a legal culture development policy by the government so that compliance with the law can increase]]>
<![CDATA[Hak Anak setelah Perceraian Akibat Pertengkaran Suami Istri ]]>
<![CDATA[Debora Purba]]>;
<![CDATA[Elvi Zahara]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 4, No 1 (2017): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v4i1.1951
<![CDATA[The Rights of the Child After Divorce Due to the Sparring of the Wife Marriage is a human desire to let go of solitude in navigating the twists and turns of life. Marriage generally applies to every creature created by God, both humans, plants and animals. In essence marriage is a sense of love, obligation, fulfillment of sexual desire and continuation of offspring. Rights of minors after divorce, parents must maintain and educate their children as well as possible. In article 4 of the Marriage Law, fathers are responsible for all the costs of care and education of children needed, if the father cannot fulfill his obligations, the court can determine that the mother also bears the costs of care and education for the child also divorced. The purpose of this study is; to find out custody of minors due to divorce from a married couple; to know the judges' judgment in determining child care responsibilities. This type of research is normative juridical, descriptive analytical nature, and data sources for this research are obtained through secondary data, namely data collected through document studies on the language library. ]]>
