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
Articles
312 Documents
<![CDATA[Perlindungan Hak Konstitusional Di Indonesia ]]>
<![CDATA[Herdi Munte]]>;
<![CDATA[Christo Sumurung Tua Sagala]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.4791
<![CDATA[The basis for the establishment of the Constitutional Court is an effort to uphold the principles of a rule of law and to provide maximum protection for democracy and basic rights of citizens. As the main objective of the rule of law is to protect the freedom of individual citizens from the State's power. The purpose of this research is to answer the question of what constitutional rights are citizens and how they are protected in Indonesia. This research uses a normative juridical approach by examining theories, concepts, legal principles and laws and regulations obtained from legal material sources such as books, articles / writings and other documents, then the data is analyzed so that it will provide conclusions. The results show that constitutional rights are rights that include civil rights, political rights, economic rights, and socio-cultural rights guaranteed by the 1945 Constitution, for their protection efforts through the process of forming laws that reflect the protection and respect for human rights and dignity. and dignity and if there is a law that is detrimental to their rights, they can file a constitutionality review in the Constitutional Court]]>
<![CDATA[Penerapan Asas Proporsionalitas Dalam Kontrak Komersial Pada Jasa Konstruksi ]]>
<![CDATA[Wahyu Susanto]]>;
<![CDATA[Heru Sandika]]>;
<![CDATA[Arga J. P. Hutagalung]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5675
<![CDATA[This study aims to find out how the application of the principle of proportionality in commercial contracts on construction services and in line with the government's objectives in establishing a regulation related to construction services provided as a form of government appreciation in providing legal protection for clients or partners of the company's cooperation. The research method used is normative juridical law research based on secondary legal materials. This research uses the statute approach, conceptual approach, and case approach. The technique of tracing legal materials uses document study techniques, and analysis of studies using qualitative analysis. The results of the study indicate that the proportional principle is the principle that underlies or underlies the exchange of rights and obligations of the parties according to their proportion or share in the entire contractual process. The principle of proportionality ensures that the exchange of wills in the contract, which includes 3 stages (pre-contract, contract, and post-contract) can take place fairly according to the proportions of each party. So that with the application of the principle of proportionality, it is hoped that the agreement can be guarded into a fair agreement according to the proportions of each party]]>
<![CDATA[Perlindungan Lanskap Perkebunan Tembakau Deli di Tanah Deli ]]>
<![CDATA[Rafiqi Rafiqi]]>;
<![CDATA[Marsella Marsella]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5064
<![CDATA[Deli Tobacco is the first plantation in East Sumatra. The success of Jacobus Nienhuys in planting Deli Tobacco on Deli land. The history of plantations in East Sumatra begins. At the present time, Deli Tobacco plantations are in decline. If viewed from the history of the specialty, Deli Tobacco is a pioneer of plantations in East Sumatra. Deli Tobacco Plantation as a cultural heritage is necessary to protect and maintain the landscape. Research Objectives To determine the decline in Deli tobacco production and solutions to maintain and protect Deli Tobacco. The research method using normative juridical nature. The results of this study are Deli tobacco is a characteristic and pioneer of plantations in the land of Deli. In 1863 Jacobus Nienhuys succeeded in growing high quality cigar wrapping tobacco. However, over time Deli Tobacco production began to decline due to land occupation factors, changes in spatial planning, landscape, nationalization and social revolution. If there are no comprehensive steps, it is feared that Deli Tobacco will only remain in history according to Law No. 11 of 2010 concerning Cultural Conservation. Deli tobacco is classified as a Cultural Conservation Object, as a heritage and historical meaning]]>
<![CDATA[Penentuan Kerugian Keuangan Negara Akibat Penyalahgunaan Kewenangan Pejabat Pemerintah ]]>
<![CDATA[Ridho Mubarak]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5811
<![CDATA[This study aims to determine that governance must be based on the principle of legality, the principle of protection of human rights and the general principles of good governance (AAUPB), and must be guided by the principle of not abusing authority. Regarding the actions of the authorities for criminal acts of corruption, it can be seen in Article 3 of the Anti-Corruption Law that the authority by someone who has a position or position as a result is detrimental to the State Finance. The research method used is normative legal research with analytical descriptive nature. The research data sources consist of primary and secondary legal sources using a library research approach which are then analyzed qualitatively. The results of the study indicate that the authorities, both according to state administrative law or criminal law, have their respective legal domains, even though both have a close relationship. In terms of the government's accountability for state finances in accordance with Article 30-32 of Law No. 17 of 2003 concerning State Finances, it is stated that both the President and Regional Heads (Governor/Regent/Mayor) are required to submit an accountability report on the implementation of the APBN/APBD to the DPR/DPRD in the form of financial statements that have been audited by the BPK so that it causes state financial losses in corruption in practice more than real losses (actual losses) and does not discuss detrimental losses from potential future losses]]>
<![CDATA[Itikad Baik dalam Perjanjian Jual Beli dengan Metode Pembayaran Cash on Delivery ]]>
<![CDATA[Tuti Haryanti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5126
<![CDATA[This article aims to discover the essence of good faith in a sale and purchase agreement using the Cash on Delivery payment method. Cash on Delivery is a payment method that is in demand by many buyers, because payment is made when the goods are received. Problems arise when the seller has good intentions in sending the goods according to the order but the buyer refuses to make payment without reason. This type of research is qualitative with the type of normative research. The legal material is analyzed qualitatively by presenting theory, logical principles, to obtain scientific results that are scientific in nature. The results showed that good faith is a basic principle that must be guided by the parties in formulating an agreement. Good faith in the sale and purchase agreement with the Cash on Delivery system contains a value of honesty, appropriateness, fairness, balance, can build trust, create legal certainty, and provide comfort for the parties. Therefore, the principle of good faith needs to be upheld in online buying and selling transactions and there is a need for provisions that guarantee legal protection for the rejection of goods without reason]]>
<![CDATA[Transformasi Digital Penyelenggaraan Rapat Umum Pemegang Saham Perseroan Terbatas ]]>
<![CDATA[Ikhsan Lubis]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5877
<![CDATA[This study aims to see the development of Digital Transformation as the application of digital technology related to changes in interaction patterns in all aspects of human life, and the development of the cyber notary concept is no exception. The legal validity of electronic documents was further strengthened by the issuance of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research is a normative juridical research and analytical descriptive using a statutory approach, a conceptual approach, and a case approach. Data analysis was carried out qualitatively. The results of the study indicate that the legal validity of the notarial deed at the GMS of a Limited Liability Company through teleconference with electronic media where it is mandatory to use an affirmation mechanism and/or other procedures that provide the intent and purpose of the signing to be bound in an electronic transaction. As for the deed of the GMS teleconference, it is classified as a relaas deed and based on the provisions of the relaas deed, the notary's statement is in the form of a deed (the validity of the teleconference GMS can be ascertained).]]>
<![CDATA[Optimalisasi Hukum Terhadap Lessee Yang Melakukan Wanprestasi Dalam Perjanjian Leasing ]]>
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Taupiqqurrahman Taupiqqurrahman]]>;
<![CDATA[Davilla Prawidya Azaria]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v8i2.5380
<![CDATA[This study aims to determine the settlement of default in the leasing agreement where there are steps that must be taken by the lessor, namely giving a summons warning, providing credit policy, to seizing the object of collateral with the help of debt collectors. The ratification of the Supreme Court's Decision Number 18/PUU-XVII/2019 changes the confiscation of the object of collateral which was originally carried out directly, now requires a court process and decision in its execution. This research is a normative juridical law research that is descriptive analytical using a doctrinal legal approach, data collection techniques with data documentation studies and interviews of leasing staff, qualitatively analyzed which discusses law enforcement against Lessees who default and optimizes Lessees who default. The results of the study indicate that the procedures that must be taken by the Lessor first in the process of resolving the Lessee's actions in default are giving a subpoena warning, providing credit policy, to seizing the object of collateral with the help of a third party or debt collector. This is in order to increase effectiveness in the execution of executions and to accommodate the rights of the Lessor as a tax contributor and accelerate the wheels of the nation's economy]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM PADA PASAR MODAL SYARIAH ]]>
<![CDATA[Windy Sri Wahyuni]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v2i2.2073
<![CDATA[Shareholders in the Islamic capital market find it difficult to monitor whethersharia principles have been implemented by the company issuing the shares of sharia.Supervision of the company that has issued shares of sharia has become crucial to ensurethat the term sharia is not just a mere label, but it must animate every activity of thecompany. In October 2004 Bapepam has officially formed a special unit Echelon IV levelwhich oversees the development of the Islamic capital market policy in the Indonesiancapital market. The formation of a special unit is expected to be born Islamic capitalmarket legal basis as legal protection for shareholders in the Islamic capital market inIndonesia]]>
<![CDATA[KONFLIK DAN MASYARAKAT DALAM REFLEKSI HUKUM ]]>
<![CDATA[Syofie Syofie]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 1, No 2 (2014): Jurnal Ilmiah Penegakan Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v1i2.1852
<![CDATA[In general overview Indonesian society is a pluralistic society, the diversitycompound. This situation is characteristic and unique identity of this country.Indonesian society is made up of various ethnic groups including ethnic Chinesein Indonesia's ethnic diversity complements culture alive and thriving today.This article provides an overview of the diversity of Indonesian society thatdiversity can be a negative impact on the integrity of the nation. This writingapproach is supported by the literature related to the law, observing thephenomena of conflict in the community, and the study of the documentationrelated data.The study found that diversity can be a strong capital for social resilience ofnational politics, but this requires considerable attention from the governmentand stakeholders, religious authority and their organization, traditional leadersand others. If the development of harmony ignored then it will cause a littlemore friction to the social conflict, the settlement if it is not resolved by thelegal umbrella is feared to affect the integrity of the Unitary Republic ofIndonesia (Republic of Indonesia).]]>
<![CDATA[Tanah Grant Sultan Melayu Deli menurut Teori Positivistik ]]>
<![CDATA[Rafiqi Rafiqi]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v6i2.2289
<![CDATA["Grant Sultan" land certificate is not the basis of rights. The certificate only explained that the land was Grant Sultan's previous right. The Sultan Grant Certificate is a guide for the National Land Agency to see the basis for land ownership. In accordance with the Basic Agrarian Law (UUPA) No. 5/1960, land that is certified by Grant Sultan will be converted to land, either direct or indirect conversion, further consideration and assessment needs to be done. From the background of this writing the problem is formulated How Legal Certainty Land Registration holders of Grant Sultan Land in Deli Malay Customary Community, how Grant Sultan Land in Deli Malay society is seen from Positivistic Theory The research method used in this writing is a regulatory approach and concept. Legal Certainty Land Registration of Grant Sultan Land holders in the Deli Malay Customary community if seen from the positivistic school of thought that Grant Sultan's land must be registered by Grant Sultan holders to ensure legal certainty. Grant Sultan's land in the Deli Malay community is seen from the Positivistic Theory. According to the Pound the law is a Social Engineering conflict with interests compared to the others. From positivistic theory Grant holders must immediately register Grant land in accordance with Government Regulation No. 24 of 1997 concerning Land Registration.]]>
