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[MONOPOLI DALAM ISLAM ]]>
<![CDATA[Ginting, Elvira Dewi]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 3, No 1 (2016): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v3i1.1891
<![CDATA[Monopoli sebagai anak keturunan dari ekonomi kapitalis dengan pandangan hidup liberalnya,banyak ditentang oleh masyarakat. Sebab monopoli ternyata membawa dampaknegatif bagi kompetisi pasar yang sehat. Pada pasar monopolis produsen-produsen laintidak akan dapat bertahan., bahkan yang lebih buruk produktifitas dengan sengajaditurunkan demi tujuan politis, yaitu mengatur harga agar maksimal. Maka dengansendirinya akan terjadi kelangkaan akan barang (scarcity) dan dampaknya akansangatdirasakan oleh masyarakat (konsumen). Islam dengan sistem ekonominya mencobauntukmementahkan ideologi monopolistik dengan memunculkan berbagai konsep baruyang bertentangan dengan sistem ekonomi kapitalis.]]>
<![CDATA[Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak ]]>
<![CDATA[Nasution, Adawiyah]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2473
<![CDATA[The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents. ]]>
<![CDATA[Kriteria Cek dan Bilyet Giro dalam Transaksi Bisnis yang Menimbulkan Konsekuensi Hukum Pidana dan Perdata ]]>
<![CDATA[Saputra, Ferdy]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2264
<![CDATA[In the use of checks and bilyet giro as collateral for debt which results in legal consequences, both in the form of criminal law and civil law, checks and bilyet giro as bank products are closely related to banking law. The link is due to the fact that state and private banks are the parties that issue checks and bilyet giro. As a result of the use of checks and demand deposits that develop within the community, banks as issuers of checks and giro checks are often made to participate in legal issues carried out by their customers. Bank participation in legal matters, at a minimum, provides Investigators with information about checking accounts on behalf of their customers. Therefore, it is necessary to regulate the banking sector which regulates the use of checks and bank notes, specifically on what usage criteria can be categorized as criminal acts, and vice versa which use criteria can be categorized as private / civil legal relations]]>
<![CDATA[Persamaan di Depan Hukum dalam Konteks Pengupahan dan Perekrutan Pekerja ]]>
<![CDATA[Naldo, Rony Andre Christian]]>;
<![CDATA[Perangin-angin, Christian Orchard]]>;
<![CDATA[Purba, Mesdiana]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2184
<![CDATA[PT. PN III is inseparable from workers. In work relations, of course equality must be applied before the law. In fact, there is discrimination in the context of wages for male and female workers. In addition, in the context of recruitment of workers, discrimination also occurs, which prioritizes the recruitment of male workers rather than female workers. This study discusses the similarities before the law in the context of wages and recruitment of workers at PT. PN III. In connection with this, this study specifically discusses the causes of not applying equality before the law in the context of wages for female workers at PT. PN III, and the cause of prioritization is the recruitment of male workers rather than female workers at PT. PN III. This study uses a type of normative legal research, using normative juridical methods, and is descriptive analytical. As a conclusion, the cause for not applying equality before the law in the context of wages for female workers at PT. PN III is a result of the provisions of Article 44 paragraph (1) and (4) Collective Labor Agreement for the 2016-2017 Period Between PT. PN III With SPBUN PT. PN III. The reason for prioritizing the recruitment of male workers is that female workers at PT. PN III is because male workers work more effectively than female workers.]]>
<![CDATA[Yurisdiksi Negara dalam Pencegahan dan Pemberantasan Illegal Fishing di Indonesia ]]>
<![CDATA[Maryani, Halimatul]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2288
<![CDATA[The purpose of this writing is to find out the jurisdiction of the regional jurisdiction, zone of national jurisdictions covering zones in the marine region, jurisdiction in relation to the utilization of natural resources for people's needs and efforts Government to prevent and eradicate perpetrators of fish theft (illegal fishing). Furthermore, to examine and analyze this research is by combining the normative and juridical juridical methods of empirical research with qualitative data. The result of the research is that illegal fishing issue is no longer a new thing to talk about, even more and more the day is growing and increasing both qualitatively and quantitatively with the form of crime increasingly Systematic conduct of these violations. Various efforts undertaken by the Government to prevent and eradicate perpetrators of fish theft (illegal fishing), among them is to supervise and protect the waters of ZEE, take strict legal action, Improve competence and empowerment of traditional fishermen, control of the sea area and so forth. ]]>
<![CDATA[Peran Penyidik Pegawai Negeri Sipil sebagai Aparat Penegak Hukum bagi Pengawasan Psikotropika di Lingkungan Pusat Kesehatan Masyarakat ]]>
<![CDATA[Mardion, Rio]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2474
<![CDATA[In the health sector there is a health center with pharmaceutical services to guarantee the availability of psychotropic substances according to their real needs and use according to their designation. To suppress and supervise the circulation of drugs from legal (official) lines on unofficial routes, especially Psychotropic. Psychotropic medicine is efficacious as a drug, in its development it is misused because of circulation illegally and becomes a new nomenclature in crime. The Indonesian criminal justice system has 4 (four) synergy institutions, namely the Police (Investigator), Prosecutors' Office, Courts and Community Institutions. Article 56 of Law No. 5 of 1997 concerning Psychotropic mentions the Department of Civil Servant Investigator responsible for the health sector. BPPOM RI supervises drug and food supervision during circulation and before circulation as a preventive measure to guarantee drugs and meet standards, conduct intelligence and investigation in the field of drug and food supervision including the Central Office / Balai POM. Puskesmas as a pharmacy service facility can distribute Psychotropic in accordance with the requirements determined according to the rules in the distribution and delivery of drugs. The function and role of BPPOM RI in its specificity as an apparatus authorized to carry out investigations and investigations are required to complete their duties and obligations In the examination of suspicion there should be suspected criminal offenses in the field of medicine including Psychotopics in accordance with the provisions of the legislation.]]>
<![CDATA[Implementasi Peran Serta Masyarakat dalam Pemberantasan Tindak Pidana Korupsi di Sumatera Barat ]]>
<![CDATA[Hamzah, Ramadhan]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2472
<![CDATA[Public participation is the active role of individuals, community organizations, or NGOs in the prevention and eradication of corruption. Forms of public participation contained in Articles 41 and 42 of Law on Corruption Eradication/PTPK. As a subject matter that will be explored, namely: 1) How does the implementation of public participation in efforts to combat corruption in West Sumatra. 2) What are the obstacles for people to take part in efforts to combat corruption. 3) Are efforts made to overcome the obstacles to participate in efforts to combat corruption. The research method used is the juridical sociological/empirical. Results and discussion of the study show that: 1) The role of the community in this regard NGOs in West Sumatra is high enough effort in eradicating corruption in West Sumatra, it is seen from the various agendas that have been implemented, one of which anti-corruption education among students. 2) Constraints were found to participate in the eradication of corruption is internal and external constraints. 3) The efforts made by NGOs to overcome the internal obstacles are: Engaging the worshiper in discussions and training, open opportunities for students who have graduated to serve in institutions, maximize fundraising. While the effort to overcome external obstacles are: Enterprising discussions with law enforcement agencies, civic groups reported the formation of the government and the owners of capital who intimidate activists to the authorities, forming the Division Fundraising, is eager to press conferences and media discussion and establishment of shelters Monitoring and Advocacy Mafia Law.]]>
<![CDATA[Eksistensi Paralegal dalam Pemberian Bantuan Hukum bagi Masyarakat Miskin ]]>
<![CDATA[Sihombing, Eka N.A.M.]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i1.2287
<![CDATA[The role of paralegals is needed to handle cases of non-litigation and litigation to fulfill the need for legal aid rights for the poor in facing the law, however, the provision of the role of paralegals in providing litigation legal assistance as stated in article 11 and article 12 Minister of Law and Human Rights of Republic of Indonesia number 1 of 2018 concerning paralegals in the provision of legal assistance based on the Supreme Court decision number 22 P / HUM / 2018 was declared contrary to the higher laws and regulations, namely Law Number 18 of 2003 concerning Advocates and hence not generally accepted. Thus, after the Supreme Court's ruling, paralegals can no longer provide legal litigation aid. Advocate are the only professions who are authorized to carry out legal aid in litigation and court ]]>
<![CDATA[Benturan Kepentingan bagi Konsultan Hukum dalam Kejahatan Pasar Modal ]]>
<![CDATA[Pakpahan, Elvira Fitriyani]]>;
<![CDATA[Wijaya, Selvia Fransiska]]>;
<![CDATA[Fortunata, Agnes]]>;
<![CDATA[Chang, Johny]]>;
<![CDATA[Muhammad, Helfan]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i2.2605
<![CDATA[This objective of this research is to examine conflicts of interest for legal consultants in capital market crime. The method used in this study is normative juridical analysis with a library approach and using secondary data. The role of legal consultants is very important in the capital market, this is because legal consultants are required to provide legal opinions regarding a company. So, because it has an important role, a legal consultant needs to know the duties and obligations. Beside that, the information from legal opinions will be used by investors in deciding whether to invest their capital or not, because information in the capital market is a factor that causes the fluctuations in the price of securities or shares on the price of securities or shares. Therefore, in each assignment of a legal consultant, it is expected that legal consultants can act independently and impartially and in accordance with the code of ethics, professional standards and applicable regulations. Sanctions will be given to legal consultants who act independently and do not fulfill the code of ethics, professional standards and applicable regulations. The application of sanctions is also related to the role of the Financial Services Authority.]]>
<![CDATA[Problematik Definisi Harta Pailit untuk Mencapai Kepastian Hukum dalam Pelaksanaan Kepailitan dan PKPU ]]>
<![CDATA[Tirayo, Adriel Michael]]>;
<![CDATA[Halim, Yoefanca]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v6i2.2963
<![CDATA[A legal product is expected to realize 3 legal purposes, which is Justice, Expediency and Legal Certainty. The definition of bankrupt assets is not mentioned implicitly in the Bankruptcy Law, that can lead to multiple interpretations. In practice, it happened in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst for the bankruptcy of PT. Tripanca Group, due to the absence of clear provisions relationg to bankruptcy assets. In this case, the problem to be answered is how is the implementation of bankrupt assets definitions in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst and the efforts that can be made related to the implementation of bankrupt assets definitions. This research used normative juridical method through literature study, then the data has been analized qualitatively and conclusions are drawn inductively. The results showed that the definition of "bankruptcy assets" in practice led to multiple interpretations as contained in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst, where the judge also included assets that did not belong to the debtor (third party collateral) into assets bankruptcy as a guarantee of repayment of debt. Therefore, efforts that can be made by the government are to revise the Bankruptcy Law, specifically related to the definition of Bankruptcy Assets to provide Legal Certainty and to disseminate information to legal entities, non-legal entities, and the public so as to gain understanding and knowledge related to Bankruptcy and PKPU in particular about bankruptcy assets.]]>
