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[Problematika Residivis Kekerasan Seksual Terhadap Anak Setelah Eksekusi Pidana Tambahan Kebiri Kimia ]]>
<![CDATA[Ghatfhan Hanif]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![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.v9i2.8078
<![CDATA[This paper aims to analyze the construction of criminal law that is relevant to human rights (HAM) and establish progressive legal reinforcement in responding to current legal issues so that the problems of this paper can be focused on elements of recidivism, chemical castration, and progressive law. The research method uses normative research methods with a literature study approach and is then analyzed qualitatively. The results of the study conclude that progressive legal dialectic orients towards human welfare and happiness. Criminal law regulates violations and crimes that exist in acts of human behavior, indeed the concept of law in Indonesia adheres to civil law, which means that the substance and explanation are codified and recorded, so in the context of crimes of sexual violence that have been regulated in the Criminal Code (KUHP) , laws on child protection, and government regulations on chemical castration that are textually formulated (books). The legal principle views legal certainty, justice and usefulness, but in the context of the use of chemical castration on recidivists it seems paradoxical, on the one hand it wants to deter, on the other hand it wants to treat or recover.]]>
<![CDATA[Implementasi Asas No Work No Pay Dalam Pemenuhan Hak Pekerja/Buruh Perempuan Berdasarkan Pasal 82 Ayat (2) Undang-Undang Nomor 13 Tahun 2003 ]]>
<![CDATA[Mustika Prabaningrum Kusumawati]]>
<![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.v9i2.8150
<![CDATA[Female workers/laborers are in a vulnerable condition compared to male workers/laborers. Naturally, female workers/laborers experience pregnancy and even in the worst condition, miscarriage. No woman wants this miscarriage condition and if this condition is experienced by female workers/laborers it will have an impact on the performance and production process of the company. This is because it is certain that female workers/laborers cannot work because of these conditions. This study aims to find out the essence of implementing the no work no pay principle in fulfilling the rights of female workers/laborers who experience miscarriages based on Article 82 paragraph (2) of Law Number 13 of 2003 concerning Manpower. This research is a normative legal research with a descriptive analytical nature using a literary approach and a field approach. The analysis of the data obtained in this study was carried out qualitatively. The results of the research show that the no work no pay principle does not apply absolutely. This is because there are several exceptions in Law Number 13 of 2003 concerning Manpower which requires employers to continue to pay their workers/laborers wages even if they are not working when workers/laborers use their right to rest, one of which is for female workers/laborers who experience miscarriages]]>
<![CDATA[Urgensi Prinsip Musyawarah Terhadap Lembaga Daerah Dalam Perspektif Negara Hukum Pancasila ]]>
<![CDATA[Cynthia Hadita]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![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.v9i2.8232
<![CDATA[The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so that it needs to be studied in the perspective of the state theory of Pancasila law. The purpose of this study is to analyze the urgency of the principle of deliberation towards regional institutions. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally]]>
<![CDATA[Optimalisasi Penerapan Penyanderaan (Gijzeling) sebagai Upaya Penegakan Hukum (Law Enforcement) dalam Penerimaan Pajak (Studi Kasus Pelaksanaan Penyanderaan Di Kantor Wilayah Direktorat Jenderal Pajak Sumatera Utara I) ]]>
<![CDATA[Angreni Fajrin Dalimunthe]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Sunarmi]]>;
<![CDATA[Utary Maharany Barus]]>
<![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.v9i2.8295
<![CDATA[This research focuses on Optimizing the Implementation of Hostage Taking (Gijzeling) as an Effort to Enforce Law in Tax Revenue (Case Study of Taxpayer Hostage Taking in Regional Office I of the Directorate General of Taxes, North Sumatra Province). The research method used in this study is normative legal research or doctrinal legal research. This research is descriptive with qualitative data analysis methods. The results of the study indicate that the hostage taking (Gijzeling) at the Regional Office I of the Directorate General of Taxes of North Sumatra Province has been carried out in accordance with statutory regulations, namely the Provision of Compensation in terms of Tax Collection by Warrant juncto Regulation of the Directorate General of Taxes Number PER-03/PJ/ 2018 concerning Amendment to the Decree of the Directorate General of Taxes Number KEP-218/PJ/2003 concerning Guidelines for Hostage Taking and Rehabilitation of the Reputation of Taxpayers Hostage. Tax bearers who have been taken as hostages have fully paid their tax debts which have resulted in increased tax revenues and coordination with related agencies so that hostage-taking (gijzeling) is an effort to enforce the law. in optimizing tax revenue can be implemented properly]]>
<![CDATA[Shifting of Social Functions on Management of Foundation in Medan City ]]>
<![CDATA[Sunarmi]]>;
<![CDATA[Mirza Nasution]]>;
<![CDATA[Zakiah]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.7549
<![CDATA[In founding the foundation there is also no uniformity. Notaries usually do not have a standard format regarding the founding deed of the foundation. As a result, each foundation can have its own articles of association as well as the Civil Society Association. Each foundation can make the articles of association according to their needs. The study was conducted using a normative juridical approach with the aim of obtaining secondary data, namely the inventory of legislation and data collection tools in the form of document studies. The foundation was established and developed with the family's efforts so that when the foundation developed rapidly and had many assets, the assets were owned by the family, family assets. The foundation is managed jointly by the family so that when a foundation regulation is established demanding changes to the Articles of Association, this means that there will be separation of foundation assets, restoration of the social functions of the foundation, transparency of accountability and publicity of the foundation's financial statements and ownership of the foundation belongs to the community. This condition is certainly burdensome for the foundation's owners]]>
<![CDATA[Pengawasan Pendistribusian Gas LPG 3 Kg Bersubsidi Di Kota Batam ]]>
<![CDATA[Sri Ratna Dewi]]>;
<![CDATA[Nurlaily]]>;
<![CDATA[Triana Dewi Seroja]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.8599
<![CDATA[The purpose of this research is to find ou the supervision carried out by the industry and trade service (disperindag) of batam city in supervising the circulation of subsidized lpg to be right on target and create justice in society especially people in the Sungai Harapan, Sekupang, Batam. Based on the rules contained in mineral resources regulation No 26 of 2009 concerning the supply and distribution of 3 Kilogram of LPG. Where user of 3 kilogram LPG consist of households and small, micro, and medium enterprises (ESDM). Housheld are families with low economic class, namely families with income below Rp 1,500,000 ,- ( one million five hundred thousand rupiah) and is in the distribution area of subsidized kilogram LPG. The research metho used in weiting is descriptive qualitative research, the source of information obtained from the staff (Disprindag) of Batam in charge of supervision and activities related to energy and natural resources (ESDM). Data collection methods used by the autjor in this study sre observation, interviews and data analysis. Research results the results show that the department of industry and trade has not optimally carried out supervision where vio;ations are still found in the distribution o subsidized LPG such as sa;es that are not on target so that subsidized LPG can be used by anyone. Therefore the cooperation of various parties, especially the department of industry and trade with the community mus be increased sothat irregularities do not occur in the distribution of subsidized LPG which in society]]>
<![CDATA[Peran Perempuan Dalam Pelestarian Lingkungan Menggunakan Sistem Agroforestri ]]>
<![CDATA[Alvi Syahrin]]>;
<![CDATA[Dahlia Kusuma Dewi]]>;
<![CDATA[Nur Asiah]]>;
<![CDATA[Peni Patriani]]>;
<![CDATA[Andrio Bukit]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.8617
<![CDATA[Indonesia, especially Binjai City, uses an agroforestry system by utilizing the land of the residents of Binjai City by planting several cultivated plants, especially horticultural annuals and forest trees. The goal is to reduce the use of chemical pesticides and get the yield of land planted with horticultural crops in a relatively fast time, compared to forest crops whose productivity is relatively long. The sad thing is that the land will cause soil damage and will not become one of the providers of oxygen sources (O2) on Earth due to the reduced number of trees planted. There are also several other disadvantages, namely the competition between trees and horticultural crops in terms of fighting for nutrients and sunlight and the last weakness is the increasing labor costs, especially the role of women. The problem raised in this study is the role of women in environmental conservation using the Agroforestry system. The method carried out in this study is an observation method using a qualitative descriptive method that analyzes the problem under study. The result of her research is that the Government must conduct counseling or presentation of material about the Agroforestry system to women directly so that it is easier to understand]]>
<![CDATA[Kedudukan Hukum Hasil Rapat Anggota Tahunan Sebagai Dasar Dalam Menjalankan Kegiatan Usaha Koperasi (Studi Pada Kantor Koperasi Karya Bahari Lombok Utara) ]]>
<![CDATA[M Mulyawan]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.8683
<![CDATA[This study aims to determine the legal standing of the results of the Annual Member Meeting as a basis for carrying out cooperative business activities (study at the Karya Bahari Cooperative Office, North Lombok) ". This research is a kind of juridical-empirical research. The empirical study in this study was carried out through field studies by collecting primary data from respondents in the Karya Bahari Cooperative, North Lombok Regency. The juridical study in this research was carried out through a literature study by collecting secondary data in the form of laws and regulations relating to the protection of cooperative administrators. The results of the research show that as regulated in Law Number 25 of 1992 concerning Cooperatives in Article 22 Paragraph (1) which reads: "Members' Meetings are the highest authority in cooperatives" The law has regulated these interests. However, even though the law already exists, these companies often violate it to the point of causing harm to both the wider community and other companies. In Law No. 25 of 1992 concerning Cooperatives, and the Articles of Association of the Karya Bahari Cooperative "Navy" of North Lombok Regency, it does not specifically regulate legal protection for Cooperative Management. Thus, preventive legal protection is very significant for government actions based on freedom of action because with preventive legal protection, cooperative managers are encouraged to be careful in making decisions based on law. The handling of legal protection in general courts in Indonesia is included in the category of repressive legal protection]]>
<![CDATA[Analisis Dana Perlindungan Pemodal (Securities Investor Protection Fund) Sebagai Sarana Perlindungan Hukum Investor Di Pasar Modal ]]>
<![CDATA[Ryan Ozora Hendrawan]]>;
<![CDATA[Lastuti Abubakar]]>;
<![CDATA[Nun Harrieti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.8736
<![CDATA[This research aims to look at the Financial Services Authority (OJK) establishing an Investor Protection Fund (DPP) to protect investors in the capital market. This study discusses the scope of DPP protection and the effectiveness of DPP implementation in the capital market. The problem is focused on the DPP having a fairly narrow scope of protection, namely protection only for the loss of investor assets caused by the custodian, and only for SIPF members. The effectiveness of DPP implementation can be seen from two sides, namely as a compensation fund and as an investment fund. To approach the problem, references from the Law of the Agreement are used. The data were collected through literature and field studies, document study data collection tools, and interviews and were analyzed descriptively and qualitatively.This study concludes that the implementation of DPP can be divided into two types, namely DPP with its function as a compensation fund and DPP with its function as an investment fund, the implementation of DPP as an investment fund has been effective, as can be seen from its rapid development]]>
<![CDATA[Penegakan Hukum Terhadap Pelaku Pembakaran Hutan Dan Lahan Dikaitkan Dengan Teori Hukum Pancasila ]]>
<![CDATA[Ridho Mubarak]]>;
<![CDATA[Alvi Syahrin]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i1.8827
<![CDATA[The criminal act of burning forests and land which has sprung up in Indonesia has become an issue of environmental problems which is very worrying, this requires firm action from the government. Many parties, both individuals and legal entities (Corporations) who burn land aim to open new land without requiring much time and at a lower cost, this violates the values contained in Pancasila in the second precept because burning land with this aim is an act that civilized. The method used in this research is normative juridical, analytical descriptive in nature, using the Laws and Regulations approach. This research uses a statute approach, namely by collecting and analyzing statutory provisions related to the environment and corporations. The legal material collection technique used in this study was library research and then analyzed qualitatively. The results of the study show that Pancasila Legal Theory is a legal theory that is based on Pancasila values as its ontological, epistemological and even axiological basis where the development of national law has an identity and is sourced from Pancasila philosophy and values, so that Pancasila values are placed as ethical starting points and must animate national law. Against criminal acts of forest and land burning Behavior theory (behavior) emphasizes human motivation with an emphasis on the importance of cooperation through negotiations and technical support so that the industrial community is willing to take part in the compliance program. Personal relationship (personal relationship) between the object of regulation (regulated community) and government officials (regulator) as something that is very important and is a precondition for realizing conditions of obedience. This model views the industry as an incompetent or unknowledgeable regulatory object.]]>
