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[Pengaruh Partai Politik Bagi Pendidikan Politik Pemilih Pemula Pada Pemilihan Walikota Kota Medan Tahun 2020 ]]>
<![CDATA[Benito Asdhie Kodiyat MS]]>;
<![CDATA[Andryan Andryan]]>
<![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.v8i1.4744
<![CDATA[The implementation of decentralization will be successful if the process of determining regional heads is not in the shadow of the national political elite. More broadly, this did not provide an opportunity for people in the city of Medan to freely determine their future leader. At some level, such a process would destroy regional democratization. Therefore, the problem to be examined is how the influence of the centralization of political party policies in relation to the election and determination of regional head candidates carried out by political parties, we need to discuss in advance what causes the direct implementation of regional head elections and how the role of political parties in recruiting candidates. District head. The research method used is normative legal research. The results show that the regional head elections that have undergone a shift from indirect elections in the DPRD to direct elections by the people have constructive consequences for democracy and the concept of people's sovereignty in the context of elections and the role of political parties which are very strategic because they are able to carry regional head candidates to become head candidates. regions in regional head elections experience conceptual ambivalence, and also political parties have a dominant influence on first-time voters in the 2020 Medan mayoral election]]>
<![CDATA[Perlindungan Hukum terhadap Pengguna Jasa Angkutan Umum pada Dinas Perhubungan Kota Medan ]]>
<![CDATA[Zainal Fikri Nasution]]>;
<![CDATA[Isnaini Isnaini]]>;
<![CDATA[Sri Hidayani]]>
<![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.v4i1.1948
<![CDATA[Legal Protection on The Users of Public Transport Services in Medan City Transportation OfficeAbstractLegal protection is any effort that guarantees legal certainty to provide protection to passengers or consumers who use the services of business people to protect them from things they do not want. Public Transportation is one of the transportation media used by the community together by paying tariffs. The purpose of this study was to determine the legal standing of public transport passengers and their protection in accordance with Law No.22 of 2009 concerning Road Traffic and transportation. The type of writing in this study is Normative, namely a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Public Transport Companies are responsible for losses caused by all actions of people employed in the activities of transport operations. In addition, the Public Transport Company is responsible for losses suffered by Passengers who have died or injuries due to transportation operations, unless caused by an incident that cannot be prevented due to passenger error. ]]>
<![CDATA[Konstitusionalitas Perbuatan Tidak Menyenangkan Sebagai Tindak Pidana Ujaran Kebencian: Analisis Surat Edaran Kapolri Nomor: Se/6/X/2015 ]]>
<![CDATA[Peter Jeremiah Setiawan]]>;
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Vincentius Sutanto]]>;
<![CDATA[Marchethy Riwani Diaz]]>
<![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.v8i1.4277
<![CDATA[This article aims to analyze the position of unpleasant acts as a form of hate speech (haatzaai articlesen), which in fact the concept of unpleasant acts has been eliminated by the Constitutional Court Decision Number 1 / PUU-XI / 2013, The problem is focused on the constitutionality of wrongdoing. fun as a form of hate speech (haatzaai articlesen). In order to approach this problem, a theoretical reference from the element theory of crime and the theory of constitutionality of norms is used. This research is a normative legal research, so that the data is collected through literature studies, both on primary, secondary and tertiary legal materials. This research was analyzed qualitatively. This study concludes that: (1) With the Constitutional Court Decision Number 1 / PUU-XI / 2013 which is legally binding, then every legal norm in statutory regulations made after the Constitutional Court Decision must comply with the provisions with does not bring back the existence of the phrase "unpleasant actions". (2) Chief of Police Circular Number: SE / 6 / X / 2015 is not a statutory regulation (regeling), but a policy regulation (beleidsregel) which juridically results in the lack of authority to create new norms or restore the existence of norms that have been abolished by the Constitutional Court, so the concept of unpleasant acts in such a Chief of Police Circular is unconstitutional.]]>
<![CDATA[Peraturan Daerah Bernuansa Syari’ah Dan Hubungannya Dengan Pelaksanaan Tugas Serta Kewajiban Pemerintah Daerah ]]>
<![CDATA[Nuvazria Achir]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![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.v7i2.3997
<![CDATA[This study aims to analyze local regulations with syari'ah nuances and their relationship with the implementation of local government duties and obligations. The method used in this research is normative juridical using a descriptive analytical approach. The results show that: Regional Autonomy in principle hands over authority to local governments to regulate and manage their territories, including in the preparation of legal products. Perda Syari'ah is drafted as an arrangement for the ins and outs of one's worship, and is also related to social interaction in the community which is called the Muamalah aspect. In this regard, of course this is part of the mandatory affairs of which the regional government is carried out based on the concurrent authority as contained in Article 11 and Article 12 of Law Number 23 of 2014, as well as Article 7 of Government Regulation (PP) Number 38 of 2007. In relation to regional autonomy, the power to manage and regulate the regions becomes the duties and responsibilities given by law and is even contained in the contents of the constitution, the aim is to facilitate the task of the regional head in handling social affairs. Therefore, it is important to respect the traditional rights of the region including the regional regulations with the content of Shari'ah as contained in Article 18A Paragraph (1) and Article 18B Paragraph (1), as well as Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, and simplify religious affairs which are regional rights within the framework of service to the basic needs of the community]]>
<![CDATA[Kedudukan Hukum Akta Notaris dihadapan para Penghadap berkaitan dengan Hak Nasabah Perbankan ]]>
<![CDATA[Lia Azrina]]>
<![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.v8i1.4620
<![CDATA[This study aims to determine the position of the notary deed that is not read out in front of the parties and to explain the legal consequences, namely in the form of sanctions and to find out what factors cause the notary not to read the notary deed before the deed is signed by the parties. The research method used is empirical legal research methods. The results show that notaries in accordance with the applicable laws have the obligation to read out the notary deed in front of the parties before the deed is signed and legalized to ensure that the notary deed has perfect evidentiary power. The factor that causes deeds not to be read out by the notary is because to save time and the deed is read out by the notary's staff. In conclusion, the notarial deed which is not read out in front of the parties remains binding on the parties stated in the deed, but if in the future problems such as default, the power of proof of the deed may become under-the-hand power and / or null and void in accordance with a court decision. Reading deeds via video conference might be a discourse to make it easier for notaries to fulfill the increasing need for authentic deeds, even though reading deeds via video conference is impossible to carry out considering the signing of the deed must be done immediately after reading the notary deed in front of the parties by the notary public]]>
<![CDATA[Politik Hukum Pencegahan Korupsi Melalui Pembatasan Hak Politik Eks Narapidana Korupsi ]]>
<![CDATA[Andryan Andryan]]>;
<![CDATA[Benito Asdhie Kodiya]]>
<![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.v7i2.4451
<![CDATA[Indonesia's Corruption Perceptions Index (IPK) in 2018, put Indonesia up seven places to position 89 out of 180 countries. The increase in the ranking is a breath of fresh air in fighting corruption in Indonesia. As for the breakthroughs made in creating a deterrent effect on criminal acts of corruption, namely by depriving political rights through judges' decisions in court. Prohibition of former convicts in cases of corruption, drug dealers, sexual crimes against children, becoming candidates for legislative candidates (bacaleg) in the 2019 Election. restrictions on political rights, on the one hand there are those who are against restrictions on political rights which are considered to injure human rights. Revocation of political rights is considered to be a legal construction in eradicating criminal acts of corruption, where the revocation of the right to be elected is carried out in order to prevent the election of leaders who have been involved in corruption in public positions. Among the fundamental rights, one of which is affirmed in Article 28D paragraph (3) of the 1945 Constitution, "the right to obtain equal opportunities in government". However, the guaranteed constitutional rights of citizens are of course not absolute and can be limited in accordance with the provisions stipulated in the 1945 Constitution]]>
<![CDATA[Kebijakan Hukum Pidana Penanganan dan Pengelolaan Sampah Kampanye Dalam Pemilihan Umum Di Indonesia ]]>
<![CDATA[Aras Firdaus]]>;
<![CDATA[Qory Rizqiah H Kalingga]]>
<![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.v8i1.4508
<![CDATA[Environmental problems that are not realized by the Indonesian people are the handling and management of waste during the general election campaign held by legislative candidates and executive candidates in campaigning for themselves in the future government. Piling up garbage at the end of the campaign should be the responsibility of these candidates. This research aims to make strict legal rules and to socialize the regulations that are obeyed by candidates who will campaign in the future so that they can protect the environment. The research method used is normative legal research. This research is descriptive analytical. Data collection techniques are carried out by means of literature study and also by conducting direct interviews with informants. Research Results Show the importance of legal regulations regarding waste management during general election campaigns. So that the environment remains clean and beautiful. The conclusion is to make strict legal rules and so that the parties socialize these regulations are obeyed by candidates who will campaign in the future so that they can preserve the environment]]>
<![CDATA[Pemberian Keringanan Pajak Di Masa Resesi Ekonomi Berdasarkan Perspektif Islam ]]>
<![CDATA[Muhammad Citra Ramadhan]]>
<![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.v7i2.4435
<![CDATA[The purpose of this study is to understand the existence of taxes in an Islamic perspective and to provide solutions related to the provision of tax breaks to the public during an economic recession based on an Islamic perspective. The research method used is a normative juridical method with secondary data. The research analysis was carried out by qualitative analysis. This research shows that first, from an Islamic perspective, the tax reduction can be done using the Rukhshah principle. The convenience in Rukhshah aims to help people to restructure their economy. By restructuring the community's economy properly, people will have more savings to increase their income through business development. With the improvement of the economy and people's income, there will be an improvement in state income from the tax sector that is better]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Indihome Ditinjau Dari Undang-Undang Perlindungan Konsumen ]]>
<![CDATA[Raka Wicaksono]]>;
<![CDATA[Andriyanto Adhi Nugroho]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i2.4793
<![CDATA[This study aims to determine the legal protection for consumers of Indihome internet services who feel they have been harmed by the services provided by Indihome, then further discuss the liability of PT. Telekomunikasi Indonesia as a provider of Internet services to consumers who have sued the problem. This study uses a normative juridical method with a law approach, a case approach and a conceptual approach, with primary and secondary legal sources. The results of the study show that legal protection for consumers also includes consumer rights as regulated in Article 4 of Law Number 8 of 1999 and Article 45 of Law Number 8 of 1999. There are obstacles to damage or losses experienced by consumers related to the quality of services provided is the responsibility of PT. Telecommunications Indonesia as a business actor. In addition to demanding rights, consumers must also pay attention to their obligations such as reading or following information instructions and procedures for the use or utilization of goods and/or services, for the sake of security and safety which aims to prevent consumers from things that will harm consumers later. The form of responsibility of PT. Telekomunikasi Indonesia that is given to IndiHome consumers, namely providing compensation according to company regulations, providing compensation, resolving disputes regarding the implementation and/or interpretation of subscription contracts, are jointly resolved by PT. Telekomunikasi Indonesia and customers by deliberation]]>
<![CDATA[Perlindungan Hukum Melalui Restitusi Terhadap Anak Korban Kejahatan Seksual (Penelitian Di Kabupaten Aceh Jaya) ]]>
<![CDATA[Erlin Ritonga]]>;
<![CDATA[Mohd. Din]]>;
<![CDATA[Sulaiman Sulaiman]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i2.5599
<![CDATA[This research aims to provide legal protection for child victims of crime through restitution as mandated in the law. Presidential Regulation (Perpres) Number 75 of 2020 concerning the Implementation of the Rights of Child Victims and Witness Children. The Presidential Regulation is a direct mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In terms of suffering or material loss experienced by the victim as a result of a criminal act committed by another person, it is appropriate that the perpetrator of the criminal act (the other person) provides compensation. Restitution to victims of crime in the context of the relationship between the perpetrator and the victim, is a manifestation of the resocialization of the responsibility of the perpetrator as a citizen. Through the resocialization process, it is intended and expected to instill a sense of social responsibility in the perpetrator, so that the value of restitution in this case does not lie in its efficacy in helping victims, but serves as a tool to make the perpetrators of criminal acts more aware of their "debt" (due to their actions) to the victim]]>
