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[Penerapan Asas Primum Remedium terhadap Penipuan dan Penggelapan Dana Koperasi Jenis Simpan Pinjam ]]>
<![CDATA[Arie Kartika]]>;
<![CDATA[Rafiqi Rafiqi]]>;
<![CDATA[Windy Sri Wahyuni]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i1.6895
<![CDATA[This article aims to discuss the application of the Primum Remedium Principle to Fraud and Embezzlement of Savings and Loans Cooperative Funds. The problem is focused on legal arrangements for fraud and embezzlement of savings and loan cooperative funds and the application of the primum remedium principle against fraud and embezzlement of savings and loan cooperative funds. To approach this problem, normative juridical research is used. The data were collected through literature study and analyzed qualitatively. This study concludes that the legal regulation of the criminal act of fraud and embezzlement of Savings and Loans Cooperative funds is not explicitly stated in the provisions of the cooperative regulations, then the Criminal Code (KUHP) is applied where fraud is regulated in Article 378 of the Criminal Code, while embezzlement is regulated in Article 372 KUHP. The Primum Remedium principle against criminal acts of fraud and embezzlement of savings and loan cooperative funds can be applied based on reports, investigations, investigations and losses caused to creditors and threatens to hamper financial system stability. Primum remedium principle as the main means in a statutory provision or prioritizing the implementation of criminal law in cooperatives because of the context of the situation, however, the use of such criminal law facilities must also be considered from the point of view of the greatest benefit, especially to create a healthy national economic system development in a future period. will come]]>
<![CDATA[Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024 ]]>
<![CDATA[Mhd Ansor Lubis]]>;
<![CDATA[Wenggedes Frensh]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i1.6491
<![CDATA[This study aims to determine the implementation of the E-voting electoral system (Electronic Voting) which is a new method in general elections in Indonesia, the use of the E-voting system (Electronic Voting) later in the 2024 election is a step forward to realize the election principle, namely Luber Jurdil. The use of the conventional system in the previous election was still considered ineffective and in the end gave birth to various problems such as the inaccuracy of the vote count results, it was suspected that there were voters who chose more than one pair of candidates, took a long time to determine the results of the general election, used a lot of human resources. So from these problems, a new system is needed to be able to maximize the electoral system so that the Luber Jurdil principles are implemented. The research method used in this research is normative juridical by using a statutory approach and a conceptual approach to a legal issue that is currently relevant. And is prescriptive. The results of the study conclude that the E-voting system in general elections is a system that is more effectively used and has fulfilled the election principle, namely Luber Jurdil, so that in the implementation of E-voting a special and explicit regulation can be formed, both in the form of laws and regulations. Perpu. So that later in the implementation it has regulations and legitimacy that are binding and clear in accordance with Pancasila and the 1945 Constitution]]>
<![CDATA[Penerapan Pasal 112 Ayat (1) dan Pasal 127 Ayat (1) Huruf A Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dalam Kaitannya Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2015 ]]>
<![CDATA[Dina Eriza Valentine Purba]]>;
<![CDATA[Alvi Syahrin]]>;
<![CDATA[Edi Yunara]]>;
<![CDATA[M Eka Putra]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i1.6495
<![CDATA[This study aims to find out the essence of the importance of recording marriages in Muslim communities in Kampung Nangka Village, North Binjai. As mandated by Article 1 of Law no. 1 of 1974 concerning Marriage that marriage is an inner and outer bond of a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty. One of the most important things to do is register the marriage. The fact is that in the community, especially in remote areas, marriage registration in official state documents is rarely done. This research is a normative legal research with analytical descriptive nature by using a literature approach and a field approach. Analysis of the data obtained in this study was carried out qualitatively. The results of the study indicate that the problem of the lack of marriage registration is caused by several factors, such as the lack of knowledge of some people to the laws and regulations regarding marriage, both from the Islamic legal aspect and the positive legal aspect, the existence of some people who still carry out unregistered marriages for various reasons. This can prevent problems that can harm one party if the marriage is not recorded. Many people do not understand the importance of registering marriages that have been carried out and the consequences because marriages are not registered]]>
<![CDATA[Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024 ]]>
<![CDATA[Mhd Ansor Lubis]]>;
<![CDATA[Muhammad Yasin Ali Gea]]>;
<![CDATA[Nur Muniifah]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i1.6491
<![CDATA[This study aims to determine the implementation of the E-voting electoral system (Electronic Voting) which is a new method in general elections in Indonesia, the use of the E-voting system (Electronic Voting) later in the 2024 election is a step forward to realize the election principle, namely Luber Jurdil. The use of the conventional system in the previous election was still considered ineffective and in the end gave birth to various problems such as the inaccuracy of the vote count results, it was suspected that there were voters who chose more than one pair of candidates, took a long time to determine the results of the general election, used a lot of human resources. So from these problems, a new system is needed to be able to maximize the electoral system so that the Luber Jurdil principles are implemented. The research method used in this research is normative juridical by using a statutory approach and a conceptual approach to a legal issue that is currently relevant. And is prescriptive. The results of the study conclude that the E-voting system in general elections is a system that is more effectively used and has fulfilled the election principle, namely Luber Jurdil, so that in the implementation of E-voting a special and explicit regulation can be formed, both in the form of laws and regulations. Perpu. So that later in the implementation it has regulations and legitimacy that are binding and clear in accordance with Pancasila and the 1945 Constitution]]>
<![CDATA[Analisis Hukum Terhadap Pertimbangan Hakim Atas Vonis Nihil Kepada Pelaku Tindak Pidana Korupsi ]]>
<![CDATA[Fitria Ramadhani Siregar]]>;
<![CDATA[Nanang Tomi Sitorus]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7076
<![CDATA[This study aims to determine and analyze the verdict of zero in the corruption case committed by the defendant on behalf of Heru Hidayat which was reported in the corruption case at PT. Asuransi Jiwasraya which cost the state Rp. 16 trillion and the defendant was sentenced to life imprisonment, but for the Corruption Crime Case at PT. ASABRI caused a loss to the state of Rp. 22.78 trillion, but the defendant and the judge handed down a zero sentence verdict, of course this greatly disturbed the justice of the people in Indonesia. This research method uses a type of normative juridical research, namely research conducted by means of a literature study and a case approach. After the data is collected, a qualitative analysis is carried out. The results of this study are to explain that a zero sentence is regulated in Article 67 of the Criminal Code which states that if someone has been sentenced to death or life imprisonment, then no other punishment may be imposed except for the revocation of certain rights. However, these provisions limit the possibility of people who commit various criminal acts who are then tried either at the same time or tried separately for a total of more than 20 years in prison. Based on Article 272 of the Criminal Procedure Code, the convict is sentenced to imprisonment or confinement and then sentenced to a similar sentence before serving the sentence previously imposed, then the sentence is carried out successively starting with the sentence that was imposed first]]>
<![CDATA[Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara ]]>
<![CDATA[Muhammad Citra Ramadhan]]>;
<![CDATA[Rizkan Zulyadi]]>;
<![CDATA[Siti Nur Khadijah]]>;
<![CDATA[Jaya Prana Pinem]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7155
<![CDATA[This research was conducted in order to identify the factors that become obstacles in the enforcement of criminal law marks in the jurisdiction of the Regional Police of North Sumatra (Poldasu). The method used in this research is normative-empirical law research (applied law research). A literature study was conducted on the legal literature, a field study was conducted on respondents with in-depth interviews with 2 officers from the Criminal Investigation Unit at Poldasu. The results of the research and discussion show that law enforcement is influenced by several factors, which then become obstacles in the implementation of the process, such as: 1) Legal factors, where the term that refers to criminal marks in Law no. 21 of 2016 concerning Marks and Geographical Indications (UU MIG) uses the word “violation” and there are provisions for complaint offenses; (Constitution); 2) Law enforcement factors, namely the parties that form and apply the law; 3) Factors of facilities and facilities that support law enforcement; 4) Community factors, namely the environment in which the law applies and is applied. 5) Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life]]>
<![CDATA[Implementasi Hukum Penerapan Pidana Tambahan Bagi Penggedar Narkotika Golongan I (Studi Wilayah PN. Lubuk Pakam) ]]>
<![CDATA[Kristin Devi Yanti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7190
<![CDATA[This study aims first to find out the form of the relationship between Police Investigators and Public Prosecutors and Judges in law enforcement of narcotics illicit trafficking and to know the urgency of applying additional punishment for class I narcotics dealers in the perspective of sentencing theory. This type of research is empirical juridical. This type of research is used because the research is directly related to the community to be studied. This type of research was carried out by analyzing data and interviews, then analyzed qualitatively. The first result of the research is that the relationship between Police Investigators and Public Prosecutors and Judges is an integral part of the Indonesian criminal justice system. The second result, that the application of additional punishment for class I narcotics traffickers aims to provide legal certainty in the perspective of criminal theory as well as provide benefits to the state such as confiscation of the assets of the accused which will become state property and can be utilized by the state for the benefit of the wider community. In addition, the announcement of the judge's decision in the mass media, for example, will have a preventive effect on the public not to commit crimes of narcotics distribution. The third result, is an additional form of punishment that is in accordance with the Indonesian penal system that can be applied to class I drug dealers, namely the confiscation of certain goods and the announcement of a judge's decision as a form of additional criminal application]]>
<![CDATA[Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan ]]>
<![CDATA[Taufik Siregar]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7342
<![CDATA[This study aims to find out that forest management often occurs when conflicts arise between the community and the state regarding land/natural resources. In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through customary institutions known as customary courts. This study uses normative legal research that is descriptive analytical, with a normative juridical approach, namely an approach based on the main legal materials related to this research. The data analysis in this study was carried out qualitatively. The results of the study indicate that the existence of customary law as a component of legal substance must be given a reasonable place in the development of legal materials in accordance with the socio-cultural diversity of the community. Disputing Indigenous Peoples generally have different customary laws which are strongly adhered to by the community, so that it can make it difficult to resolve disputes that occur. In general, the causes of this case are due to the acquisition of forest areas for plantations, usurpation of customary lands and violations of other prohibitions by plantation companies against customary law]]>
<![CDATA[Penerapan Peraturan Mahkamah Agung Nomor 1 Tahun 2020 Tentang Pedoman Pemidanaan Pasal 2 Dan Pasal 3 Undang-Undang Pemberantasan Tindak Pidana Korupsi Di Pengadilan Negeri Pekanbaru ]]>
<![CDATA[Tri Novita Sari Manihuruk]]>;
<![CDATA[Yusuf Daeng]]>;
<![CDATA[Olivia Anggie Johar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7568
<![CDATA[This study aims to find out the guidelines used by the panel of judges in dealing with criminal acts of corruption, especially acts that are subject to offenses under Article 2 and Article 3 of the Corruption Law based on PERMA Number 1 of 2020. Juridically, the PERMA is binding on Pekanbaru District Court Judges in making their decisions. . However, the facts on the ground show that there is still a disparity in sentencing by judges at the Pekanbaru District Court in passing their decisions on corruption crimes which are subject to articles 2 and 3 of the Corruption Law. The research method in this writing is a normative research method that is descriptive analysis using primary legal sources, secondary legal materials and tertiary legal materials then analyzed qualitatively using logical thinking in drawing conclusions which are carried out deductively. The results of the research show that the application of Supreme Court Regulation Number 1 of 2020 concerning Guidelines for Punishment of Articles 2 and Article 3 of the Law on the Eradication of Corruption Crimes in the Pekanbaru District Court has been properly implemented. This means that in determining the severity of the crime the Pekanbaru District Court judge considers sequentially the stages, including the following: categories of state financial losses or the country's economy; error rate, impact and profit; range of criminal convictions; aggravating and mitigating circumstances; criminal conviction; and other provisions related to criminal imposition]]>
<![CDATA[Mencegah Penularan Covid-19 Di Bandar Udara Melalui Instrumen Hukum ]]>
<![CDATA[M Hadyan Yunhas Purba]]>;
<![CDATA[Hasim Purba]]>;
<![CDATA[Aflah]]>;
<![CDATA[Siti Nurahmi Nasution]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7694
<![CDATA[This article aims to examine the implementation of the Regulation of the Minister of Transportation No.18 of 2020 concerning Transportation Control in the Context of Prevention of Covid-19 (“MoTR No.18/2020”) as amended by Regulation of the Minister of Transportation No.41 of 2020 which serves as a guideline for infrastructure providers. transportation such as managers of terminals, stations, seaports and airports in implementing health protocols and transportation control. This research combines normative juridical law research methods and empirical legal research. Normative legal research is carried out by taking an inventory of related laws and regulations, journals, other encyclopedias related to the topic of this research. Meanwhile, empirical legal research was conducted by conducting interviews with the management of PT. Angkasa Pura II (Persero) Kuala Namu and direct observation at Kuala Namu Airport. The data obtained will then be analyzed qualitatively and deductive conclusions are drawn. The results obtained, that there are still some discrepancies in the application of health protocols properly and correctly due to lack of awareness to carry out health protocols and the absence of strict sanctions and supervision for violations of these]]>
