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[Upaya Penyelesaian Sengketa Pajak PT Taspen (Persero) Kantor Cabang Utama Medan ]]>
<![CDATA[Pasca Putri Quitrine Purba]]>;
<![CDATA[Dian Puji Simatupang]]>
<![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.v10i1.8852
<![CDATA[This article aims to find out how to resolve tax disputes between PT Taspen (Persero) and the Director General of Taxes of the Ministry of Finance regarding the amount of tax payable on Article 21 Income Tax (PPh) Employee Medical Expenses. The problem is focused on calculating the tax debt of PT Taspen (Persero) Medan Main Branch Office related to employee medical expenses. In order to approach this problem, theoretical references from state finances are used. This research is normative research by interpreting laws and regulations by judges by describing objects or events to get conclusions regarding the settlement of tax disputes. Based on the discussion of the analysis’ results of tax dispute resolution decisions for employee medical expenses, it can be concluded that inpatient and outpatient medical expenses are a deduction from employee income regarding taxable-deductible principle. Every income related to a job or any activity that is obtained by a personal taxpayer as long as the employer pays it and related to the job is an object of income. This study advise the management of PT Taspen (Persero) that it is not to pay for employees' medical expenses directly but using a third party, a health insurance company]]>
<![CDATA[Legalisasi Aset Tanah Transmigrasi Dalam Rangka Penguatan Reforma Agraria di Sumatera Utara ]]>
<![CDATA[Onny Medaline]]>;
<![CDATA[Juli Moertiono]]>
<![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.v10i1.8862
<![CDATA[Agrarian reform is a process of rearranging the structure of tenure, ownership, use and utilization of land in a more just manner. Presidential Decree No. 86 of 2018 states that one of the objects of legalization of the assets of the agrarian reform program is uncertified transmigration lands. The complicated problem in legalizing transmigration land is because there are still many remnants of past problems that have not been resolved. This research was conducted to provide an analysis and description of the urgency in implementing the legalization of transmigration land assets in the North Sumatra region in the context of strengthening the agrarian reform program. The type of research used is qualitative research which seeks to find the urgency of implementing legality of transmigration land assets in relation to the agrarian reform program. Based on the letter submitted to the Head of the Workforce and Transmigration Office of North Sumatra Province in 2019, regarding the Data on the Asset Management Program for the Agrarian Reform Task Force (GTRA) activities, there are 5,605 transmigration land areas that have not been certified in North Sumatra Province, spread across 6 regencies. As an object of agrarian reform, the criteria for transmigration land are stated in Presidential Regulation Number 86 of 2018, stating that transmigration land that has not been certified must meet the following criteria: not included in a forest area; or have been granted management rights for transmigration. The conclusion of the regulations governing the legalization of transmigration land assets is an important part of the land certification process which is carried out through land registration.]]>
<![CDATA[Fenomena Avatar Sebagai Subjek Hukum Di Metaverse ]]>
<![CDATA[Andreas Tedy Mulyono]]>;
<![CDATA[Eka NAM Sihombing]]>
<![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.v10i1.9091
<![CDATA[The problematics of IT innovation that develops the metaverse as a medium of interaction is a social phenomenon that needs to be studied immediately. As a popular three-dimensional social media, the metaverse can shift from a societal problem to a social problem where legal norms are needed. The problem is how elements of the legal system can work together to anticipate social changes driven by such technological developments. The research method used is normative juridical which analyzes stable socio-legal concepts and related laws and regulations. This study concludes that Avatar as a legal subject in the metaverse requires a legal system that simultaneously regulates the life of the Avatar in the metaverse and the life of its owner in the real world. The recommendation for this study is that practically in the litigation process, Avatar's criminal disputes in the metaverse can apply complaint offenses as a limitation of law enforcement in the real world for the sake of legal certainty and community justice]]>
<![CDATA[Implementasi Metrologi Legal Dalam Peningkatan Pendapatan Daerah: Metrologi Legal ]]>
<![CDATA[Muldri Pudamo James Pasaribu]]>;
<![CDATA[Muhammad Yusrizal Adi Syaputra]]>
<![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.v10i1.9177
<![CDATA[This study aims to determine the authority to collect fees is the authority of local governments to increase regional income. Therefore the mechanism for calculating the tera/recalibration must be carried out as well as possible and have a clear scientific basis. In determining the standardization of measurement and weighing is carried out through a scientific standard known as legal metrology. This research is normative juridical by taking a statutory approach and a conceptual approach. The sources of legal materials that the author uses are primary and secondary legal materials by collecting data through library research and data analysis techniques using content analysis and analytical descriptive. Based on the provisions of Article 1 letter b Law Number 2 of 1981 concerning legal metrology, what is meant by legal metrology is a measurement system that regulates and manages units of measure, measurement methods and measuring instrument standards, which involve technical requirements and regulations based on the Law aims to protect the public interest in terms of the correctness of measurement. Legal basis for determining legal metrology standards: First, Law Number 2 of 1981 concerning Legal Metrology; Second, Government Regulation Number 2 of 1985 concerning Compulsory and Exemption for Calibration and/or Re-calibration and Requirements for Measuring, Measuring, Weighing Instruments and their Equipment; Third, Regulation of the Minister of Trade Number 115 of 2018 concerning Legal Metrology Units; Fourth, Regulation of the Minister of Trade Number 52 of 2019 concerning Legal Metrology Size Standards. The legal metrological calibration/recalibration system can be applied in traditional markets so that market traders are required to pay a levy to obtain calibration/recalibration services related to their scales]]>
<![CDATA[Penataan Linieritas Guru Sekolah Dasar: Analisis Kebijakan pada Keputusan Menteri Pendidikan, Kebudayaan, Riset, dan Teknologi Nomor 56 Tahun 2022 ]]>
<![CDATA[Hidayati, Ummi]]>;
<![CDATA[Isnaeni , Diyan]]>;
<![CDATA[Hidayati, Rahmatul]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i2.8720
<![CDATA[The concept of teacher linearity in Kepmendikbudristek Number 56 of 2022 still refers to Permendikbud Number 46 of 2016 article 4. In Kepmendikbudristek Number 56 of 2022, teacher workload in education units implementing the Independent Curriculum refers to the provisions of laws and regulations governing teacher workload fulfillment, principals, and school superintendents. The concept of teacher linearity in the independent curriculum is even broader in its interpretation. Fulfilling the teacher's teaching load of at least 24 hours per week is not only by carrying out learning but can also be carried out by mentoring in intra-curricular, co-curricular, and extra-curricular activities or by becoming a project coordinator for strengthening the profile of Pancasila students. The legal consequence of the linearity arrangement for Elementary School teachers in Kepmendikbudristek Number 56 of 2022 that teachers who fulfill the provisions get the rights as stipulated in Article 14 paragraph (1) of Law Number 14 of 2005 concerning Teachers and Lecturers. Non-linear teachers cannot claim their rights. To obtain rights according to the provisions, teachers should take part in educational programs by higher education institutions and teacher professional development organized by the government.]]>
<![CDATA[Peraturan Mahkamah Agung No.3 Tahun 2021: Bukti Mahalnya Keadilan di Indonesia ]]>
<![CDATA[Purba, M Hadyan Yunhas]]>;
<![CDATA[Sirait, Ningrum Natasya]]>;
<![CDATA[Siregar, Mahmul]]>;
<![CDATA[Dedi Harianto]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i2.8807
<![CDATA[Legal remedies for objections to the decision of the Business Competition Supervisory Commission ("KPPU") submitted to the Commercial Court (formerly the District Court) are the legal rights of the reported business actor who does not accept the decision. This right has been guaranteed in Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition ("UU No. 5/1999") and Law No. 11 of 2020 concerning Job Creation ("Law No. 11/2020"). The rights guaranteed by the two regulations are human rights as regulated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia ("1945 Constitution"), where these rights must, of course, be respected and upheld. This type of research is normative juridical research, which involves taking inventory of laws and regulations, journals, legal principles, encyclopedias, and other literature to be analyzed qualitatively. The results obtained made it known that the norms contained in Article 4 paragraph (1) letter D of Supreme Court Regulation Number 3 of 2021 concerning Procedures for Filing and Examination of Objections to Decisions of the Commission for the Supervision of Business Competition at the Commercial Court ("Perma No.3/2021") became an obstacle for the reported business actor in filing an objection against the KPPU's decision. This is not appropriate and is contrary to the concept of a rule of law.]]>
<![CDATA[Kebijakan Pemerintah Dalam Menangani Anak Yatim Piatu Terhadap Korban Covid-19 di Kota Tangerang ]]>
<![CDATA[Hafidati, Putri]]>;
<![CDATA[Aziz, Hasnah]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i2.9197
<![CDATA[This research was carried out to improve the welfare of orphans who have changed due to the Covid-19 pandemic which began in early 2020. Many fathers (orphans), mothers (orphans), or fathers and mothers (orphans) have died from Covid-19. The ongoing pandemic has an impact on increasing the number of children whose parents have died, as a result, stakeholders need to pay attention to the end. The inventory of laws and regulations on orphan health insurance for COVID-19 victims at the national and regional levels is the main focus. Research methods are juridical normative. Analytical and descriptive research is used in this study to describe laws and regulations that apply to legal theories and practices of positive law application. Based on the results of the analysis health insurance participants on behalf of orphans for health insurance, education, and protection are not expressly mentioned in laws or regulations related to child protection policies during the Covid-19 pandemic. This study suggests that the Government emphasizes the role of the state in protecting children, including children affected by COVID-19, by issuing Government Regulation (PP) Number 1. Children can be protected from the COVID-19 pandemic by maintaining their health and making efforts to create and maintain an environment that supports their growth and development]]>
<![CDATA[Pertanggungan Asuransi Jiwa Saat Pandemi Covid-19 Dikaitkan Dengan Tingkat Kesehatan Perusahaan Asuransi Berdasarkan Hukum Asuransi ]]>
<![CDATA[Haikal Yushendri, Muhammad]]>;
<![CDATA[Karsona, H. Agus Mulya]]>;
<![CDATA[Rahmawati, Ema]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i2.9696
<![CDATA[This issue is focused on the liability of life insurance in the conditions of the COVID-19 virus in terms of statutory regulations. In insurance, it is necessary to know the risks broadly which is an essential basis for understanding and knowing the concepts and techniques of risk management. The concept of risk is needed to analyze various ways to protect the insured object. The company is always faced with risks so that risk is part of the company's activities. The data were collected through literature and interviews and analyzed descriptively and qualitatively. This study concludes that life insurance coverage, specifically for the COVID-19 virus, is implemented by applying the principle of freedom of contract as a form of implementing the principle of good faith of insurance companies as insurers to provide good service to policyholders, even though pandemic coverage is not a category of protection established by every insurance company. There is no specific regulation providing legal certainty to insurance companies in providing their services.]]>
<![CDATA[Optimalisasi Hukum terhadap Pemenuhan Hak - Hak Pekerja Penyandang Disabilitas atas Akses dan Fasilitas Pendukung di Kabupaten Indramayu ]]>
<![CDATA[Dirkareshza, Rianda]]>;
<![CDATA[Sadiawati, Diani]]>;
<![CDATA[Prawira, M. Rizki Yudha]]>;
<![CDATA[Aryaputri, Aqila Shafiqa]]>;
<![CDATA[Falevi, Yunizar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v10i2.9926
<![CDATA[Every Indonesian citizen has the right to get a decent job, as mandated in Article 27 of the 1945 Constitution. The right to get a job belongs to every Indonesian citizen, including citizens with disabilities. However, discrimination and difficulties often occur in accessing the supporting facilities needed by workers with disabilities. This research aims to socialize the quality of implementation of law enforcement towards fulfilling the rights of workers with disabilities regarding access and supporting facilities in the workplace, and how the optimization of the law can improve the fulfillment of the rights of workers with disabilities regarding access and supporting facilities in the workplace, especially in Indramayu Regency area. This research uses a normative method complemented by interviews with a statutory and conceptual approach and uses descriptive and qualitative analysis techniques. The results of the research show that: First, the Indramayu Regency Government has not met the 2% requirement for employing people with disabilities in the government sector by Law Number 8 of 2016 concerning People with Disabilities. Second, based on literature studies and comparisons of regional regulations in the last 3 years, there have been many regulations that specifically regulate the empowerment and protection of people with disabilities to get decent work, so it would be best for the Indramayu Regency Government to immediately prepare and ratify related Regional Regulations regarding the empowerment and protection of people with disabilities.]]>
<![CDATA[Upaya Pencegahan Terhadap Tindak Pidana Kekerasan Seksual Pada Lingkungan Kampus ]]>
<![CDATA[Megawati, Wenny]]>;
<![CDATA[Faozi, Safik]]>;
<![CDATA[Rochmani]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v11i1.10013
<![CDATA[This article aims to provide guidance for higher education institutions to formulate policies and take action to prevent and handle sexual violence related to the implementation of the Tridharma of Higher Education. The problem is focused on preventing criminal acts of sexual violence in the campus environment. Permendikbudristek Number 30 of 2021 has regulated protection in the form of prevention and how to handle it if sexual violence occurs in the campus environment. In order to approach this problem, theoretical references from Juridical Normativ are used. Data is collected through literature studies that are relevant to the latest material to be studied and analyzed qualitatively. This study concludes that universities are obliged to implement Permenristekdikti Number 30 of 2021 regarding sexual violence in the campus environment and in preventing criminal acts of sexual violence. Universities are obliged to make policies and implement them by creating a PPKS task force in order to create an independent campus, one of which is freedom from violence. sexual intercourse by prioritizing protection for the victim and not recurring.]]>
