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INDONESIA
DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Doktrina : Journal Of Law 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.
Arjuna Subject : -
Articles 134 Documents
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Strategi Restrukturisasi Utang dalam Kasus Garuda Indonesia: Pendekatan PKPU Utami, Nabila Ratu; Paranna, Tri Nadia Samuel; Suryani, Nyulistiowati; Yuanitasari, Deviana
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.10939

Abstract

Debt restructuring through PKPU has a significant impact on creditors and debtors. Debt restructuring can provide benefits, such as better debt repayment than bankruptcy. However, debt restructuring also has disadvantages, including large time and costs. For the success of restructuring, the debtor's good faith is very necessary. The PT Garuda Indonesia case shows that debt restructuring was successful through a series of steps, including the issuance of debt securities and sukuk, and involving various parties such as the government and investors. The advice given is that the Early Warning System for PT's finances needs to be strengthened. Garuda Indonesia so that problems can be immediately identified and handled before they escalate. Apart from that, there is a need for effective legal regulations to avoid bankruptcy in resolving debt and receivable cases. To get around this, you can apply PKPU, which stands for postponing debt payment obligations, as a rule. After the debtor's assets are liquidated, the second option is to teach creditor-debtor reconciliation in court.
Hak Asasi Manusia (Ham) pada Kebebasan Berpendapat/Bereksperesi dalam Negara Demokrasi di Indonesia Wahyuni, Rizki; Yati Sharfina Desiandri
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11070

Abstract

The aim of this research is to clarify the rights and position of human rights and freedom of opinion in the 1945 Constitution towards a democratic state in Indonesia. This research method is library research, which is a normative juridical approach method in legal research or library legal research, namely an approach that establishes legal rules as provisions and is based on basic law. The results of this research are regarding freedom of opinion in a democratic country in Indonesia which is regulated in the 1945 Constitution, namely the right to hold opinions, express opinions and form associations (1945 Constitution Article 28 E, F), which shows that freedom of opinion is the right to think and express opinions. Law Number 39 of 1999 concerning Human Rights is contained in Articles 14, 23, 24 and 25. Law Number 9 of 1998 confirms that freedom of opinion is a basic right in life which is guaranteed and protected by the State. Currently, freedom of opinion is sometimes only granted in response to constructive criticism from the general public, but freedom of opinion, both oral and written, is often restricted in the public sphere.
Perlindungan Hukum Terhadap Korban Kekerasan Seksual Ditinjau Berdasarkan Undang - Undang Nomor 12 Tahun 2022 Tristadewi, Refina
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11227

Abstract

Sexual violence is an unwanted act by someone against themselves that leads to sexuality. Victims of sexual violence are mostly minors, especially women. Victims of sexual violence are entitled to protection as stipulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. Which has the aim of preventing and dealing with sexual violence. The purpose of the research is to find out how legal protection for victims of sexual violence is reviewed based on the TPKS Law. This research uses normative research methods by examining secondary data sourced from literature and legal materials such as books, research journals, and legislation. The results showed that acts of sexual violence continue to occur in social life both committed by minors and adults. From January to 27 September 2023 there have been 19 thousand cases that have occurred. Therefore, the TPKS Law provides legal remedies in the form of protection for the rights of victims and also regulates criminal sanctions for perpetrators of sexual crimes.
Perlindungan Hukum Terhadap Data Pengguna Whatsapp Berdasarkan Undang-Undang Nomor 19 Tahun 2016 Sintya, Yuli
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11399

Abstract

Today, the very rapid development of the world has influenced very advanced digitization. As social media users, we need an account to use social media. When creating an account, users must submit personal information on their mobile phone in the form of search history, location, and phone numbers. Privacy is a right that everyone has, given the accelerating pace of science and technology, which is the driving force behind the efficiency of technology users to continue to communicate, obtain information, and do anything related to the Internet. People feel safe using social media, especially WhatsApp when there is a principle of consumer protection. In consumer protection, several legal principles attempt to provide a basic understanding of regulation. The rapid development of social media, one of which is the WhatsApp application, is because everyone has their own media. This means that all social media users have access to everything, even if it is slow or even without much cost
Penjatuhan Pidana Terhadap Pelaku Tindak Pidana Narkotika Di Pengadilan Negeri Pekanbaru Dihadapkan Pada Disparitas: Penjatuhan Pidana Terhadap Pelaku Tindak Pidana Narkotika Di Pengadilan Negeri Pekanbaru Dihadapkan Pada Disparitas Dean, Lardson
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11415

Abstract

Research objective: the sentencing of perpetrators of narcotics crimes at the Pekanbaru District Court is faced with disparities; To formulate the inhibiting factors; To find ways to overcome obstacles. Research method: The type of research is sociological legal research; Research location: Pekanbaru District Court; data collection techniques: observation, structured interviews and document/library study; data analysis: qualitative. Results and conclusions: The sentencing of perpetrators of narcotics crimes at the Pekanbaru District Court is faced with disparities in fact that will still occur in 2022 and 2023. The inhibiting factors: Legal factors, law enforcement officers and the community. Efforts to overcome obstacles: First, legal factors: judges should minimize the disparities that occur, even though there must be disparities, they must still be positive; Judges should, in exercising their authority, pay attention to justice for the wider community; the application of law by judges based on various balances from legal and social aspects of jurisprudence beyond the limits of their authority. Second, the factor of law enforcement officers: it is best for prosecutors or advocates to take legal action against the judge's decision; it would be best for the police, prosecutors and courts to unite their perceptions in implementing the Article; It is best if the judge's particular considerations are accompanied by the principle of propriety so that the verdict made is in accordance with legal provisions. Third, community factors: It would be better for the public and other law enforcers to find out about the defendant's role in a criminal case so as not to question the judge's verdict too often; It is best for the defendant in the trial to continue and tell the truth about the Narcotics crime; It is best for the defendant not to commit any more narcotics crimes because his position as a recidivist will be taken into consideration by the judge in aggravating the sentence against him; The defendant should no longer try to cover up the crime he committed and admit his guilt.
Analisis Terhadap Produk Cacat Tersembunyi Ditinjau dari Undang-Undang Perlindungan Konsumen hadis, hadis; benni rusli
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11442

Abstract

The purpose of this research is to find out the provisions for hidden defective products in four-wheeled vehicles in terms of the Consumer Protection Law and to find out the judge's considerations in decision Number 193/PDT/G/2019/PN.Jkt.Utr. The method used in this research is a normative juridical method with a conceptual approach and statutory regulations. The legal materials used are materials consisting of primary, secondary and tertiary legal materials. The results of the research are that the position of the seller as a business owner as stipulated in the consumer protection law is to provide as detailed information as possible and the consumer is obliged to read and understand this information so that there will be no disinformation and then in the judge's consideration there will be defects in formulating arguments so that in this case it is detrimental to the seller as the defendant has carried out his duties in accordance with statutory regulations.
Pertanggungjawaban Korporasi PT Kalimantan Ferro Industry Terhadap Kerusakan Lingkungan Sekitar Kawasan Industrinya Tahun 2023 Nasir, Tomi Khoyron; Triadi, Irwan
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 1 (2024): Doktrina:Juornal of Law April 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i1.11493

Abstract

This research aims to discuss the chronology of criminal acts of environmental pollution of ditches by PT Kalimantan Ferro Industry regarding the impact of environmental damage and the corporate accountability mechanism of PT Kalimantan Ferro Industry to resolve cases of ditch pollution in the surrounding environment. This research uses a normative juridical method sourced from secondary data. The research compares Law No. 32 of 2009 concerning Environmental Protection and Management with Article 88 of the Job Creation Law in Corporations, which eliminates absolute responsibility for corporate violations to protect the environment. The author analyzed the environmental problems caused by PT KFI's waste water management installation and the accountability mechanism for this case based on the perspective of the Job Creation Law in Corporations, which is known to have changed the rules regarding absolute responsibility for corporations. The results of this research show that corporate responsibility for waste pollution is now limited to administrative-level responsibility after the abolition of absolute responsibility.
Analisis Tindak Pidana Kejahatan Siber “Studi Kasus Penipuan Tiket Konser NCT Dream the Dream Show 2” Karunia; Muhammad Fauzan Al Fikri; Lilik Prihatini
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11269

Abstract

Cybercrime can be defined as "An offense committed against a person or group of people with criminal motives to intentionally damage the victim's reputation or cause physical or mental harm or loss to the victim". The Indonesian government has passed a cybercrime law known as ITE Law Number 11 of 2008 which has been amended to Law Number 19 of 2016. NCT Dream is the third sub-unit of the South Korean boy band, NCT which was founded by SM Entertainment in 2016.The research method used by the author is a qualitative research method. The South Korean boy band, NCT Dream held a concert entitled The Dream Show 2 in Jakarta which was held on March 4, 5 and 6, 2023 at the Indonesia Convention Exhibition (ICE) BSD. However, at the time of ticket sales, there were many fraudulent events in the sale of concert tickets sold on the Twitter platform. One of the perpetrators of the fraud, as found in the tweet of the @kumiglow account. In Indonesia, the laws and regulations governing fraud both conventionally and online are contained in article 378 of the old Criminal Code (KUHP) and articles 492 to 493 of the new Criminal Code and are also contained in article 28 paragraph (1) of the ITE Law.
Implementasi Kewajiban Diversi Bagi Anak Pelaku Tindak Pidana Kekerasan di Kepolisin Sektor Tenayan Raya Berdasarkan UU No. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Andriyan, Dedi
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11416

Abstract

The purpose of the study was to analyze the implementation of the obligation to divert for children who commit violent crimes, the factors inhibiting its implementation and to find efforts to overcome the obstacles. The research method is a type of sociological legal research, where the location of the research was carried out at the Tenayan Raya Police Sector. The results found that the implementation of the obligation to divert for children who commit violent crimes in the region has not been implemented properly. The inhibiting factors are: regulatory factors, law enforcement/government factors, facilities/facilities factors and community factors. Efforts to overcome obstacles, namely regulatory factors, the police and government agencies need to socialize Law No. 11 of 2012. Law enforcement factors, should increase cross-sector cooperation and coordination. Facilities/facilities factors, the police should provide a special room for assessment. Community factors, officers should take a more humanistic approach; The police should educate the perpetrator's family so that the request for compensation is in accordance with the perpetrator's ability; a certain approach should be taken to the victim/his family so that a diversion agreement is reached; The victim's family should be given an understanding that imprisonment is not for children; the victim's family should ask for compensation according to the victim's medical expenses.
Kedudukan Hukum Hak Pengelolaan Tanah Ulayat yang Dijadikan Jaminan Pihak Ketiga dalam Kerjasama Firmansyah; Yunaldi, Wendra
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11445

Abstract

This research aims to determine the basic provision of land management rights in Minister of Agrarian Regulation number 18 of 2021, the basic provision of land management rights in Minister of Agrarian Regulation Number 18 of 2021 and to determine the position of management rights which are used as collateral after the implementation of Government Regulation Number 18 of 2021 Regarding Management Rights. To find out the consequences of management rights which are used as collateral based on Minister of Agrarian Regulation number 18 of 2021. This research uses a type of normative research with statutory, case and conceptual approaches which are analyzed descriptively qualitatively. The results of this research are that there are overlapping regulations relating to land management rights which are used as collateral. The conclusion of this research is that after the enactment of Minister of Agrarian Regulation Number 8 of 2021, there is the potential to cause conflict related to collateral because there is an overlap between government regulations and ministerial regulations. number 8 of 2021

Page 11 of 14 | Total Record : 134

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