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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312 Documents
<![CDATA[Pemberian Bimbingan Pribadi Sosial terhadap Narapidana Lanjut Usia sebagai Upaya Peningkatan Kualitas Hidup ]]>
<![CDATA[Rama Fatahillah Yulianto]]>
<![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.v8i1.4297
<![CDATA[Prisoners are the designation for people or citizens who commit criminal acts and have followed all procedures of the criminal justice system or the Integrated Criminal Justice System in Indonesia and have obtained permanent legal force or inkracht. The state through the Correctional Institution (Lapas) is obliged to carry out guidance and provide rights, because in fact it is only the right to freedom of movement. The research method used in this study is to explain empirical research that focuses on the behavior of the legal community, and this research requires primary data as the main data in addition to secondary data. This research is a type of field research with a qualitative approach. The main techniques in collecting data are observation, and interviews conducted at the Jember Class IIA Penitentiary. The results of the study indicate that the social condition of the elderly must be considered, because of their psychological or mental condition when facing stressful situations. The provision of personal social guidance is very appropriate to improve the quality of life after being fostered and in prison. Guidance is an effort to help individuals, especially the elderly, so that they can develop their competencies]]>
<![CDATA[Penerapan Omnibus Law dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Eka Nam Sihombing]]>;
<![CDATA[Srining Widati]]>;
<![CDATA[Cynthia Hadita]]>
<![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.v7i2.4397
<![CDATA[The method for the formation of laws and regulations that has become the public spotlight recently is the Omnibus Law method which of course cannot only be applied in the formation of laws alone. It can also be applied in the formation of regional regulations. However, this is not yet an issue that is discussed nationally. The purpose of this study is to answer legal problems related to the application of the omnibus law in the formation of regional regulations so that there is a common viewpoint and become input for stakeholders. The research method used is normative juridical. The results show that the formation of local legislation using the omnibus law method can minimize disharmony of local legislation both vertically and horizontally with PUU.]]>
<![CDATA[Penerapan Peraturan Menteri Keuangan Nomor 184/PMK.03/2015 Tentang Pemeriksaan Terkait Pengajuan Restitusi Pajak (Studi : CV. AA) ]]>
<![CDATA[Ivan Jovi Hutauruk]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Sunarmi Sunarmi]]>;
<![CDATA[Jelly Leviza]]>
<![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.v8i1.4564
<![CDATA[Taxes are state revenues that have a very important role in supporting the country's economy, which is used in state financing for the purpose of community welfare. In general, tax restitution relates to the right of the taxpayer to get a refund of the tax paid. The term tax restitution is contained in Law No. 16 of 2009 concerning General Tax Provisions (UU KUP). The purpose of this study is to answer legal issues related to tax refunds related to the regulation of the Minister of Finance. The research method used is normative juridical. Research result. Legal protection of the rights of taxpayers as can be interpreted as an effort to protect taxpayers from arbitrary acts of government in the field of taxation and regulation of administrative procedures so that taxpayers can receive their rights Conformity with the implementation of Regulation of the Minister of Finance Number 184 / PMK.03 / 2015 concerning Governance Examination method by exercising the authority of the tax authorities]]>
<![CDATA[Implikasi Hukum Atas Kedudukan Warga Negara Asing Sebagai Ahli Waris Untuk Hak Milik Atas Tanah ]]>
<![CDATA[Lynda Chayadi]]>
<![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.v7i2.3977
<![CDATA[The Property Rights in Article 20 paragraph (1) of the Basic Agrarian Law No. 5 Year 1960 (UUPA) is a hereditary, strongest, and most fulfilled right that a person can have on land. In Indonesia, only Indonesian Citizens with no dual citizenship can have the right to own land. The research method used is a normative juridical research that is prescriptive in which this research seeks to provide an overview or formulate a problem in accordance with the circumstances or facts that are associated with existing benchmarks / norms. From the results of the study it can be concluded that foreigners in principle are allowed to obtain ownership rights over the land through inheritance provided they continue to carry out their obligations in accordance with Article 21 paragraph (3) of the UUPA. This is because in the case of the action required by the foreigners, the Land Deed Making Officer (PPAT) and the National Land Agency (BPN) as authorized officials apparently still have differences of opinion regarding whether or not a foreigners’ heir may sign a Deed of Purchase (AJB), which is signed for the transfer of ownership rights to the land acquired. This theory is meant to support the people following the orders of Article 21, with the efforts of the foreigners’ being done well and thus minimising the problems that they might face]]>
<![CDATA[Analisis Yuridis Terhadap Upaya Hukum Pembelaan Advokat Terhadap Tersangka Korupsi Yang Menghalang-Halangi Penyidikan KPK (Studi Putusan No. 09/Pidsus-TPK/2018) ]]>
<![CDATA[Taufiq Nugraha Syahputra]]>;
<![CDATA[Edi Warman]]>;
<![CDATA[Edi Yunara]]>;
<![CDATA[M Hamdan]]>
<![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.v8i1.4878
<![CDATA[This study aims to analyze the position of advocates in carrying out their duties and obligations as part of law enforcement in Indonesia, and to examine the factors that cause advocates to hinder legal actions in investigating corruption crimes carried out by KPK investigators. As well as to examine criminal liability for the actions of advocates that hinder the investigation, prosecution and trial of perpetrators of corruption. This research is a normative legal research. With the nature of descriptive analytical research. This research was conducted using library research and qualitative data analysis. This study also uses interview guidelines as a data collection tool. This study resulted that the SN corruption crime committed by FY advocates in the Central Jakarta District Court Decision No. 09/Pidsus-TPK/2018 in the investigation process carried out by the KPK investigators was hampered, so that the investigation time could be extended and could delay the legal process. The prosecution and trial of the criminal act of corruption is an effort by FY advocates to save suspect SN from the snares of legal prosecution by the Public Prosecutor Criminal responsibility for the actions of lawyers who hinder the investigation, prosecution and trial of perpetrators of criminal acts of corruption is that the act is against the law of Article 21 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption]]>
<![CDATA[Tinjauan Yuridis Pemutusan Hubungan Kerja Sepihak oleh Perusahaan Kepada Pekerja pada Putusan No.36/G/2014/PHI Medan ]]>
<![CDATA[Sari Simanjuntak]]>;
<![CDATA[Abdul Lawali Hasibuan]]>;
<![CDATA[Ridho Mubarak]]>
<![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.v4i1.2085
<![CDATA[Juridical Review of Unilateral Termination of Employment by the Company to the Worker on Putusan No.36/G/2014/PHI MedanDisputes or misunderstandings that cause layoffs are generally triggered by a lack of communication between workers and employers. The workers are positioned as the party in need, therefore the position of workers is very weak and vulnerable to irregularities. The problems in this study are: 1) How are the Government and the Company's Efforts Against Employee Layoffs? 2) What is the legal consideration of the judge in deciding unilateral termination of disputes by the company Decision Number: 36/G/2014/PHI.Mdn? This type of research is normative research,. In this case the Industrial Court in the Medan District Court decided to grant the Plaintiff's claim in part, stating that the working relationship between the defendant and the plaintiffs had never been terminated or continued, sentencing the defendant to reinstate the plaintiffs and place them in the original workplace, punishing the defendant for pay for forced money (dwangsoom).]]>
<![CDATA[Analisis Yuridis terhadap Korban Penyebaran Berita Bohong (Hoax) di Media Sosial ]]>
<![CDATA[Ridho Mubarak]]>;
<![CDATA[Wessy Trisna]]>
<![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.v8i1.4214
<![CDATA[Technological developments make it easier for people to get any information from various social media applications including Instagram, LINE, and Whatsapp, but it is easier for irresponsible parties to consciously spread false information. Social media is different from the mass media which is used to disseminate information and news, this is because social media is not organized or institutionalized. So that if any news broadcast turns out to be fake news (hoax), the mass media can be sued or held accountable for broadcasting hoaxes. This research is a normative empirical legal research which is descriptive analytical in nature, meaning that this research does not only describe by analyzing a situation or symptom, both at a positive legal level but also wants to provide proper regulation (das sollen) and solve legal problems related to hoax crime. The data collected using literature review and document analysis aims to provide an overview of the legal regulations governing these indirect victims. As for the results of the research, it is hoped that efforts should be made by the police to protect the people who are disadvantaged by this hoax.]]>
<![CDATA[Peran Organisasi Kemasyarakatan Pemuda Muhammadiyah Dalam Pencegahan Prostitusi Terselubung di Kecamatan Medan Belawan ]]>
<![CDATA[Fitri Yani]]>;
<![CDATA[Muhammad Ihsan]]>
<![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.v7i2.4163
<![CDATA[In Medan Belawan sub-district, disguised prostitution often occurs in the community with many boarding houses turned into prostitution places. This study aims to analyze the forms of prostitution undercover boarding houses that occur in Medan Belawan District and the role of the Muhammadiyah Youth Organization in preventing hidden prostitution of boarding houses in Medan Belawan District. By using the empirical juridical research method, namely conducting direct interviews with the Branch Leaders of the Muhammadiyah Youth Branch, Medan Belawan District. The results showed that the positive criminal law has regulated the form of prostitution, especially in Article 296 and Article 506 that the actions of prostitutes and users cannot be subject to criminal sanctions, only ensnare the brothel owner, pimps and brokers or brokers of prostitution. And the role of the Muhammadiyah youth organization in the Belawan branch has carried out these hidden prostitution prevention activities by holding various activities that are carried out regularly such as the presence of recitation, the existence of religious socialization activities by instilling religious, moral and ethical values, filled in by lecturers from the Medan Belawan branch of Muhammadiyah Organization. So that from these activities the hidden prostitution of boarding houses in Medan Belawan sub-district can be prevented and has been minimized]]>
<![CDATA[Analisis Hukum Penggunaan Tenaga Kerja Asing Terhadap Pertumbuhan Ekonomi Di Kota Medan ]]>
<![CDATA[Fani Budi Kartika]]>;
<![CDATA[Erni Darmayanti]]>
<![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.v8i1.4162
<![CDATA[In line with the movement and development of globalization which encourages the movement of capital flows to all corners of the world, then there is also a fairly large movement of population or labor between countries. This is a factor that the owners of capital certainly need skilled workers who can manage their investment in the destination country. This study aims to analyze and provide the basic concept of implementing the protection of the Manpower Act Number 13 of 2003 for foreign workers in Medan City and to analyze whether the use of foreign workers in Medan City has an effect on economic growth or on the contrary has an impact on economic decline and reduced employment opportunities for local workers in Medan City. This research uses normative and doctrinal research, which is a descriptive qualitative research. The results of this study are that in Law No. 13 of 2003 concerning Manpower, the regulation on the use of foreign workers is contained in Chapter VIII, Article 42 to Article 49. And there is an effect of the use of foreign workers in Medan on the increase in the economy of Medan City]]>
<![CDATA[Perlindungan Konsumen Terhadap Informasi Menyesatkan Mengenai Suatu Barang Pada Kegiatan Perdagangan Elektronik ]]>
<![CDATA[Finna Nazran]]>
<![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.v7i2.3936
<![CDATA[Transactions in e-commerce are very risky, especially because consumers have an obligation to make payments in advance, while consumers themselves cannot see the truth of the goods ordered or the quality of the ordered goods. The aspects of actions that are prohibited for business actors in the UUPK are regulated in Article 8 to Article 17. In an e-commerce sale and purchase agreement, business actors are obliged to provide true and clear information about the condition of the goods being offered and provide detailed information about the condition of the goods. how to use it or use it. The research method used is prescriptive normative juridical research where this research seeks to provide an overview or formulate a problem in accordance with circumstances or facts related to existing benchmarks / norms. As for the form of responsibility, if it is related to responsibility in Article 19 of the UUPK, the implementation of compensation in the UUPK is 7 days after the agreement. Providing compensation in e-commerce provides a period of giving compensation for 7 days after the goods are received by consumers]]>
