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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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Legal Protection of Banking Customers Who Are Victims Of Information And Electronic Transaction Crimes Ibrahim, Dicky Malik; Hidayat, Yusuf; Wasitaatmadja, Fokky Fuad
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.v11i1.11099

Abstract

This research stems from academic concerns about how legislative regulations maintain customers' security affected by crimes in electronic transactions and information in the banking sector, furthermore, regarding the legal protection of banking customers who are victims of information and electronic transactions crime. This study aims to determine and examine the legal protection of customers who are victims of information and electronic transaction crimes. The research method used is normative juridical research using a statutory and conceptual approach. The results showed that 1) Legislation protecting banking customers who are victims of information and electronic transactions crime in the banking sector has previously been regulated in Law Number. 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. 2) Legal protection of banking customers who are victims of information crime and electronic transactions consists of repressive and preventive legal protection. Repressive protection is given when preventive protection cannot prevent customers from Information and Electronic Transaction crimes. In Article 4, letter d of Law Number 8 of 1999 concerning consumer protection, consumers have the right to be heard for their opinions and complaints about the goods or services used. Furthermore, Article 32 of Financial Services Authority Regulation (Peraturan Otoritas Jasa Keuangan / POJK) Number 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector states that financial services business actors are required to have and implement service and settlement mechanisms for consumers. In addition to repressive protection, there is also preventive customer protection listed in Article 4 of the consumer protection law, which states that banks have an obligation to provide guidance and education for customers as consumers
Implikasi Perlindungan Hak Asasi Manusia Dalam Hukum Pidana Rambe, Rahmansyah Fadlul Al Karim; Sihombing, Muhammad Aufa Abdillah; Winata P, Nurhoneyda
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.v11i1.11182

Abstract

This study aims to examine and analyze the implications of human rights protection in criminal law. The results of the study indicate that human rights protection is one of the important principles in criminal law. Human rights protection in criminal law aims to ensure that everyone suspected or accused of committing a crime receives fair and humane treatment. Human rights protection has become a major focus in the context of criminal law in various countries. This article explores the implications arising from human rights protection within the criminal law framework. In this context, the main focus is on how human rights principles influence the formation, application, and implementation of criminal law. This article discusses the basic concept of human rights and its relationship to criminal law. Then, emphasis is placed on the role of human rights in influencing the legislative process, law enforcement, and criminal sentencing. The consequences of human rights violations in the context of criminal law are also debated in depth. Thus, a thorough understanding of the implications of human rights protection in criminal law is essential to ensure that the legal system can maintain the right balance between justice, individual protection, and effective law enforcement.
Analisis Yuridis Perbandingan Ketentuan Pendirian Perseroan Terbatas dalam Undang-Undang Cipta Kerja dan Undang-Undang Perseroan Terbatas di Indonesia Widyari, Dira Putri; Rizka
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.v11i1.11266

Abstract

This research aims to analyze legal conflicts and comparisons in the establishment of Limited Liability Companies (PT) due to changes in regulations accommodated by the Job Creation Law (UU Job Creation).  The problem focuses on the Job Creation Law which allows the establishment of a PT without a Notarial deed, only with a statement letter, while the previous Limited Liability Company Law requires at least 2 PT founders to have a Notarial deed in Indonesian. This difference has caused controversy in society. Normative juridical research method by analyzing relevant and conceptual legal regulations. The research results show that although there are significant differences in the regulations for establishing PT, legal dualism does not occur. The Job Creation Law is an amendment to the Limited Liability Company Law creating a more structured and integrated legal framework, reflecting the omnibus law concept which combines various provisions of the Law with various legal topics. In depth understanding of changes in the provisions for establishing PT in Indonesia before and after the Job Creation Law, as well as highlighting the importance of government efforts in creating legal certainty in the world of business and investment.
Analisis Pertanggungjawaban Pidana Terhadap Perusakan Hutan Di Kecamatan Batang Lubu Sutam Kabupaten Padang Lawas Lubis, Muhammad Koginta; Siregar, Fitri Yanni Dewi
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.v11i1.11649

Abstract

This research aims to find out the consequences and impacts of forest destruction carried out by individuals and corporations, either directly or indirectly, as experienced by the people in the Batang Lubu Sutam District, Padang Lawan Regency, North Sumatra Province, who experienced direct impacts as a result. from forest destruction, namely flash floods accompanied by thousands of logs of wood and soil. This research is empirical legal research by testing laws and cases of forest destruction which have a direct impact on society in the form of flash floods using a statutory approach and a case approach, the data obtained is then processed and An in-depth analysis was carried out regarding rules, literature study, normative approach, concept testing and drawing conclusions. The data is then presented in a descriptive analysis related to criminal liability for forest destruction. The results of the research show that the form of criminal responsibility for perpetrators of forest destruction, whether carried out by individuals or corporations, must be strictly enforced, namely in the form of prison sentences and fines as a result of these actions, such as the flash flood accompanied by thousands of logs of wood and land that occurred in Batang District. Lubu Sutam, Padang Lawan Regency, as a result of forest destruction
Analisis Implementasi Pensertifikatan Aset Tanah Pemerintah Daerah Kabupaten Langkat Medaline, Onny; Nurhilmiyah; Syafriana, Rizka
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.v11i1.11830

Abstract

Regional property is regional assets obtained from the APBD or other acquisitions. The security of state/regional property only started in 2004, marked by the promulgation of the State Treasury Law. State/regional property in the form of land controlled by the Central/Regional Government must be certified in the name of the Government/Regional Government. The research results in this paper include a study of regional asset certification in the land law regime and regional government, as well as a description of the implementation of land asset certification in the Langkat Regency regional government. The aim of this research is to determine the normative and implementation context of certifying regional assets in the form of land in Langkat Regency. The research method used is empirical research with an approach that emphasizes collecting data obtained from facts in the field. The results of this research indicate that land law and state treasury law in the study of state and regional assets in the form of land need to complement each other to create legal certainty. Regional asset certification in Langkat Regency has been implemented, but has not yet reached 50% of the land plots. In the process of certifying BMD land rights, BPKAD found several obstacles related to other ministries, for example: the process of releasing HGU land from PTPN II is still hampered, which must comply with several provisions from the Ministry of BUMN regarding the transfer of BUMN fixed assets
Akibat Hukum Perjanjian Perdagangan Bebas Di Asean Indonesia-Malaysia Meher, Montayana; Rafiqi; Nasution, Shulhan Iqbal; Nasution, Alvin Hamzah
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.v11i1.11993

Abstract

This research aims to find out how international trade agreements are basically used by countries and producers to eliminate or reduce barriers in countries with consumers and markets. However, this condition is used as an excuse for free trade that does not comply with proper trading rules and patterns. The research method used is normative juridical research. The nature of this research is descriptive, namely research that analyzes legal regulations related to the Free Trade Agreement in ASEAN between Indonesia and Malaysia. The analysis was carried out qualitatively. The research results show that cooperation and economic integration among member countries has great potential to encourage economic growth and expand trade opportunities. Although there are still several obstacles that need to be overcome, such as internal and external factors that influence the competitiveness of Micro, Small and Medium Enterprises (MSMEs), the steps taken by ASEAN in terms of exemption from import duties through CEPT are one of the efforts to increase integration regional economy. Addressing internal factors that influence innovation and productivity, and integrating MSMEs in regional or global production chains will be key to maximizing trade potential and economic growth among ASEAN countries, including Indonesia and Malaysia. And the need to understand the dynamics of global trade, international economic policy, and changes in regional trade patterns
Penerapan Restorative Justice di Negara Amerika Serikat Wahyuningsih, Dewi
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.10837

Abstract

Restorative justice has been part of the criminal justice system in the United States for more than three decades. Beginning in the 1970s, this approach emerged as an alternative to the retributive nature of the justice system, which tends to focus on punishment as a response to violations of social norms. In contrast, restorative justice places crime victims at the forefront by encouraging dialogue, reconciliation, and the restoration of relationships between offenders, victims, and communities. This approach aims to create a more holistic resolution and reduce the likelihood of reoffending.  This study reviews how Victim Offender Mediation (VOM) serves as one of the main paradigms in the implementation of restorative justice in the United States. VOM allows victims and offenders to engage directly in conflict resolution, resulting in mutually agreeable solutions. In addition, this study compares restorative justice policies in the United States with similar measures in Canada, including the passage of the Youth Criminal Justice Act (2002) which reflects the principles of restorative justice.  The results show that restorative justice has the potential to be a more humane and effective approach in the criminal justice system. However, consistent implementation and a supportive legal framework are needed to ensure its sustainability. This study provides important insights for the development of more inclusive and restorative-oriented criminal justice policies in the United States and other countries.
Perlindungan Hukum Terhadap Hak Upah Lembur Pekerja/Buruh Kusumawati, Mustika Prabaningrum
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.10915

Abstract

Problems related to worker/labor protection that often occur in the field are related to working time where employers employ workers/laborers beyond working time regulations by ignoring the rights of workers/laborers such as the right to overtime wages that should be received. This research is normative legal research with a descriptive analytical nature using a literature and field approach. The analysis of the data obtained in this research was carried out qualitatively. The results of the research show that a form of legal protection for workers/laborers is that if the entrepreneur wants the workers/laborers to work overtime, the workers/laborers who carry out overtime work are entitled to overtime pay, have the right to adequate rest time and are entitled to receive food and drink of at least 1400 kilo calories. cannot be replaced with money. The legal action that workers/laborers can take if their rights are not fulfilled is through bipartite efforts. However, if this effort fails, you can take mediation and if it still fails, you can file a lawsuit at the Industrial Relations Court.
Perlindungan Hukum Bagi Para Nasabah Asuransi Pasca Terbentuknya Lembaga Penjamin Polis (LPP) Malie, Adi Muliawansyah; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11068

Abstract

This research aims to determine the legal certainty of the role of insurance supervisory institutions and the form of legal protection for insurance customers after the formation of the Policy Guarantee Institution (LPP). This has become urgent, considering that recently there have been many cases of failure to pay insurance claims to customers. This research method is normative, with an approach to statutory regulations and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The method for collecting legal materials is carried out through literature study with the analysis method using analytical descriptive and systematic interpretation. The research results found that legal certainty regarding the role of insurance supervisory institutions is inherent in the Financial Services Authority (OJK) with its juridical basis being Law Number 21 of 2011 concerning the Financial Services Authority and Law Number 40 of 2014 concerning Insurance. OJK plays a role in risk mitigation and legal protection. The form of legal protection is preventive (prevention) and repressive (control). The policy guarantor is the authority of the Deposit Insurance Corporation (LPS). However, it is known that the minimum and maximum nominal limits of the policy guarantee that will be guaranteed are not regulated, thus indicating that legal certainty as well as legal protection for insurance customers has not been realized as it should be.
Implementation of Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics for the National Police of the Republic of Indonesia Indriana, Era; Muhibbin , Moh; Suratman, Suratman
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11224

Abstract

This examination is experimental juridical exploration, and that implies lawful examination in regards to the application or execution of regularizing legitimate arrangements in real life at every particular legitimate occasion that happens in the public arena. The justification for utilizing experimental juridical exploration is to give an outline of all that is genuinely connected with the execution of Perpol No. 7 of 2022 concerning the Police Proficient Set of rules. The exploration approach utilized in this examination is a humanistic juridical methodology. The exploration approach was done in view of a lawful issue. The implementation of Regulation No. Training for police officers on information dissemination, internal supervision, investigation of violations, imposition of sanctions, public accountability, reporting violations, and prevention of violations has been implemented under Law No. 7 of 2022. Aside from that, in carrying out Perpol no. 7 of 2022, has given understanding to cops to focus on state morals, institutional morals, local area morals and character morals.

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