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INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 312 Documents
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Passing Off Dalam Persaingan Usaha Yang Menimbulkan Pelanggaran Hak Atas Merek Aliyya, Annisa Lisaana Sidqin; Dirkareshza, Rianda
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10050

Abstract

This paper aims to find out the Passing Off activities that was carried out on service trading brands in the form of Banks owned by State-Owned Enterprises (BUMN), namely PT Bank Mandiri (Persero) Tbk and the impacts it caused. The problem is focused on actions in business competition that occur when an irresponsible party takes advantage of a brand that already has a reputation and is well-known that belongs to another party by carrying out piggybacking and/or pillaging which is known as Passing Off. To approach this problem, a normative type of legal research is used, which then collects data through references from laws and regulations and is complemented by interviews. This study concludes that there is a company called PT Pengelola Investama Mandiri which has had an impact in the form of misinterpretation for the public and/or consumers because it has taken the Passing Off action by owning and using a logo identical to PT Bank Mandiri (Persero) Tbk for approximately 4 (four) years, while they are not part of or affiliated with the company.
Pertanggungan Asuransi Jiwa Saat Pandemi Covid-19 Dikaitkan Dengan Tingkat Kesehatan Perusahaan Asuransi Berdasarkan Hukum Asuransi Yushendri , Muhammad Haikal; Karsona , H. Agus Mulya; Rahmawati, Ema
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i1.10070

Abstract

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
Implementasi Konsep Partisipasi Bermakna dalam Proses Pembentukan Undang-Undang: Studi Kasus Pembuatan Undang-Undang Nomor 17 Tentang Kesehatan Tahun 2023 Mahatta, Afdhal; Febriyanto, Satrio Alif
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i1.10237

Abstract

The establishment of Law Number 17 Year 2023 on health has received enormous public attention. The magnitude of public awareness is not only due to significant changes in substance. More than that, reactions from the public, especially health professional organizations as the element of society most affected by the law, have caused a heated discourse in the community. The reaction arose because health professional organizations felt that they did not get significant participation in forming the health law. The issue of participation will be studied using the normative juridical method to find out regulations and theories related to ideal meaningful participation in creating a law. Furthermore, the normative juridical approach will be strengthened by using statistical data on aspirations and minutes from each public participation activity to examine public participation in forming Law Number 17 of 2023 on health. Based on the study's results, the formation of this law has fulfilled the elements of public participation quantitatively, with a note that only a few aspirations of civil society elements were accommodated
Hak Recall Partai Politik Terhadap Anggota Dewan Perwakilan Rakyat: Tinjauan Constituent Dan Public Recall Muhammad Mutawalli; Mukhtar Lutfi; Mau Lulo, Lourenco de Deus; Lohalo, Georges Olemanu
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10251

Abstract

Therefore, the idea of constituent and public recall is the basis for the manifestation of people's involvement, in whose position the people are subjects who have the will of constituents and are a public element in determining the survival of the people. representatives who represent them. This paper is qualitative research using normative juridical methods. In this paper, a legislative approach, a conceptual approach, and a philosophical approach are used. This research was carried out by tracing legal materials through law books, books, scientific works, and even several printed media that are useful and relevant to this article. The collected material is then processed and analyzed in depth, then presented in a qualitative descriptive and analytical prescriptive manner. The conclusion of this paper shows that political parties have the authority to recall (replace) legislative members as part of their overall authority. The concepts of constituent recall and public recall are needed so that political parties have the right to replace members of the People's Representative Council because this highlights the importance of involving the community as holders of the people's sovereign rights in the mechanism for dismissing council members. Once elected, legislative members can be dismissed, but this is not ideal and participatory and seems feudal because it is still determined by the will of the party elite, even though the principle of popular sovereignty which must be prioritized is weakened by power. There are no regulations regarding constituent and public recall mechanisms.
Kejahatan Perdagangan Orang dalam Hukum Positif di Indonesia Pinem, Serimin
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10363

Abstract

The crime of human trafficking is a very complex crime that is difficult to eradicate. The crime of human trafficking usually affects not only one area of life, but also many other areas of life. The crime of human trafficking is also a crime that violates other human rights. Human trafficking is a terrible crime and one of the fastest growing crimes in the world. especially women as a vulnerable group. The problem that will be discussed in this paper is the causes of crime in society, this broadly includes defining the condition of the physical environment, as well as the need to study the relationship between human trafficking for people who are trapped in poverty, because they do not have different opportunities to realize: 1. economic rights, 2. education, 3. health and information. The crime of human trafficking is not only in urban areas, but also in rural areas, and the victims are women and children, as well as a lack of knowledge and low levels of education which is a potential benefit for individuals who are looking for victims of the crime of human trafficking
Penegakan Aturan Hukum Melalui Otoritas Jasa Keuangan (OJK) Terhadap White Collar Crime Insider Trading Dalam Pasar Modal Sulubara, Seri Mughni; Murthada; Amrizal
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10445

Abstract

This research aims to determine the enforcement of legal regulations through the Financial Services Authority (OJK) against white collar crime insider trading in the capital market. Law enforcement in insider trading cases includes three things, namely administrative, civil and criminal enforcement. In carrying out investigations, the OJK is given special authority as an investigator as intended in the Criminal Procedure Code. The research method used is normative legal research which uses a conceptual approach and the nature of this research is analytical descriptive. Based on Law Number 21 of 2011, enforcement of legal regulations carried out by the Financial Services Authority (OJK) regarding white collar crime insider trading in the capital market is by conducting inspections and investigations. OJK, with its authority as an audit agency, can take action against parties suspected of violating regulations in the capital markets sector, and the OJK has the authority to search for, collect and process data or other information indicating whether there has been a legal violation in the marketing sector. In addition, the OJK as an investigative agency can carry out investigative actions against business entities in the capital markets sector that are suspected of committing criminal law violations, are suspected of causing or incurring losses in the capital market or certain units, or as a whole.
Kebijakan Peraturan Menteri Dalam Negeri Nomor 50 Tahun 2020 Dalam Mengatur Ijin Pelaku Bisnis di E-Commerce Dan Social Commerce (Tiktok Shop) Sinaga, Lestari Victoria; Sidauruk, Jupenris
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10519

Abstract

This research aims to find out the revision of e-commerce import regulations approved by the Indonesian Government through the Minister of Trade Number 50 of 2020 concerning Digital Trade into Minister of Trade Regulation Number 50 of 2023. This research uses normative juridical methods Minister of Home Affairs Regulation Number 31 of 2023 is a revision of Minister of Home Affairs Regulation Number 50 of 2022, several things have been revised. namely: information and standardization of goods, standard information on goods, minimum prices for imported goods, market places are prohibited from being producers, and social commerce is a place for promotions and transactions are prohibited for domestic products. This government policy is the basis for producers being prohibited from selling their products if they want to sell or promote using e-commerce, not e-commerce shopping, so it is clear that this Government Policy is a regulation as a social media organizer that facilitates the promotion of goods and services. The government needs to continue to monitor and evaluate the implementation of this regulation and understand the impact between business actors and the government so that it becomes an effective tool to encourage growth and innovation in the realm of Indonesian digital trade. The contents of Minister of Home Affairs Regulation Number 31 of 2023 concerning the prohibition of Tiktok Shop and other social media only from operating as online shop services are clear.
Kedudukan Hukuman Mati Dalam KUHP Baru Perspektif Hak Asasi Manusia Lubis, Muhammad Ridwan; Adi Syaputra, Muhammad Yusrizal
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10676

Abstract

This research aims to determine the position of death penalty law based on a human rights perspectiveafter the enactment of the new Criminal Code (KUHP). This research uses normative juridical methods,with qualitative analysis. The results of the research show that the old Criminal Code put the death penaltyas the main punishment, whereas in the new Criminal Code there is a shift in the position of the deathpenalty. After the enactment of the new Criminal Code, the death penalty was not immediately abolished,the death penalty still existed but alternative punishment was provided as a substitute for the deathpenalty. If we look at developing countries, the death penalty has begun to be abandoned because it isconsidered to violate human rights, in fact Indonesia is also aware of that, we can see in Article 28 A andArticle 28 Paragraph (2) of the Constitution of the Republic of Indonesia that the death penalty is it isagainst Human Rights.
Tujuan Hukum Berkeadilan Dalam Relasi Negara, Masyarakat Dan Kelompok Minoritas Di Indonesia Anggoro, Setyo Bimo; Rochman, M. Zainur; Amrullah, Arief; Setyawan, Fendy
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i1.11032

Abstract

This writing aims to capture, examine, and analyze issues related to violations occurring in Indonesia experienced by minority groups. Additionally, it seeks to analyze and delve deeper into the challenges and solutions in realizing legal objectives in Indonesia regarding the protection of minority groups. The prevalence of intolerance throughout human history has often led to violent actions against minority groups, both physically and psychologically. Indeed, violence is not only perpetrated by individuals or groups but is also carried out by the state. The focus of the problem is on the state's conception of providing protection to minority groups and the extent of the government's role in minimizing these violations to achieve the just goals of the law. This study employs the legal research method to address the raised issues. In the discussion, the government should anticipate not contributing to intolerant attitudes, both through policy products and actions. Moreover, the state should take decisive actions against all forms of intolerance experienced by minority groups and be responsible for the recovery of minority groups who have become victims
Peran Rumah Detensi Imigrasi Medan Dalam Peningkatan Kapasitas Masyarakat Kota Medan Sivakkar, Sarsaralos; Anggusti, Martono
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.11046

Abstract

This research is about the function of immigration as a facilitator of community welfare development. In the explanation of Law Number 6 of 2011 concerning Immigration (Immigration Law), it is stated that foreigners who are allowed to enter and reside in Indonesia are people who bring benefits to the nation, state, and Indonesian society. The Medan Immigration Detention Center is one of the technical implementation units of the Directorate General of Immigration which carries out immigration functions. This research was conducted for whether the Medan Immigration Detention Center as mandated in the Immigration Law as a temporary shelter for foreigners subject to immigration administrative measures can carry out its immigration function as a facilitator for community welfare development by playing a role in increasing the capacity of the people of Medan city. This research was designed using qualitative research methods with a case study approach. The results of the research prove that the Medan Immigration Detention Center with the My Hobby Is innovative and collaborating with stakeholders can transfer knowledge from the detention center to the Medan city community, in this case, the inmates of the Medan State Women's Detention Center. It was proven that the training carried out together had a role from the Medan Immigration Detention Center

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