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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.
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Articles 134 Documents
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Penguasaan dan Pemanfaatan Wilayah Pesisir yang Didirikan Bangunan di Kelurahan Pasar Belakang Kecamatan Sibolga Kota: Control And Utilization of the Coastal Area Which Established in the Kelurahan Pasar Belakang Sibolga Kota Rizki Ikhsan Siregar; Muhammad Yamin; Zaidar Zaidar
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7053

Abstract

In article 7 paragraph (1) letter t of the Sibolga Mayor Regulation Number 16 of 2018 concerning the Utilization of Coastal Areas and Coastal Borders in Sibolga City, it is stated that the coastal area and coastal border can be used for one of the other existing buildings and/or existing buildings. have permission. The problems include the legality and control of the use of coastal areas where buildings are built, the application of the Sibolga Mayor Regulation number 16 of 2018, and the application for registration of rights in coastal areas at the Sibolga Land Office. This type of research is an empirical juridical research with descriptive analysis. The results of the research The community building on the coastal border and above sea level does not have legality and official permission from the Sibolga City Government. There are no detailed and specific rules in these articles to be used as guidelines for the use of coastal areas related to border boundaries, procedures for obtaining permits from the Sibolga City government. The application for registration of rights in the coastal area of ​​ Kelurahan Pasar Belakang, Sibolga Kota District has not been processed because the Law has not provided more concrete arrangements, especially regarding the granting of types of settlement rights on the coastal border and on water marine.
Perspektif Hukum Pembebanan Hak Tanggungan Atas Sertifikat Hak Milik Satuan Rumah Susun Sebagai Jaminan Kredit Perbankan: Legal Perspective Encumbrance Right Mortgage on Certificate of Ownership Right Flat Units as Banking Credit Guarantee Khaidir Nasution; Ahmad Fauzi; Ramlan Ramlan
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7439

Abstract

This study discusses the legal arrangements on land that are charged with mortgage rights to flats standing on the land, then analyzes the imposition of certificates of ownership rights to flats as collateral for bank credit and to find out the implementation of execution if one of the debtors breaks their promises related to the granting of mortgage rights to the flats. used as collateral for bank loans. The research empirical juridical type, namely research that emphasizes the use of legal norms in writing and is supported by data collected in the field and the results of interviews with sources and informants as supporting data. Based on the results the ownership rights of the apartment unit are simultaneous or concurrent in nature which contains joint rights and individual rights. The right of ownership of the apartment unit itself can be charged with mortgage rights as collateral for bank credit based on article 47 paragraph (5) of the Flats Law. Execution of the ownership rights of the apartment unit that is charged with mortgage rights as credit guarantees as a result of the debtor defaulting to the creditor, then the bank as the creditor of the Flats Unit does not directly execute the Mortgage on the creditor guarantee but the bank will take persuasive steps as well as non-litigation mediation to resolve non-performing loans so that no party feels aggrieved and if the non-litigation process reaches a dead end, then the litigation process is carried out.
Wanprestasi Perjanjian Kerja Waktu Tertentu Akibat Pandemi Covid-19: Default of a Specific Time Work Agreement Due to the Covid-19 Pandemic Fatma Meria; Serlika Aprita; Heni Marlina
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7512

Abstract

The purpose of this study will be to discuss the cancellation of a certain time work agreement due to covid-19 in terms of Law no. 13 of 2003 concerning Manpower and the legal consequences of canceling a certain time work agreement due to the covid-19 pandemic. The research method uses normative juridical research, where this type of research discusses doctrines or principles in legal science aimed at written regulations. The results showed that the cancellation of a certain time agreement as a result of the Covid-19 pandemic, including for reasons of termination of employment, seen from Law no. 13 of 2003 concerning Manpower Article 1 number (25) “Termination of employment is the termination of employment relations due to a certain matter which results in the termination of rights and obligations between workers or workers and employers. The reasons for termination of employment during the pandemic are of course various, but it cannot be denied that many entrepreneurs interpret the Covid-19 outbreak as a natural disaster as a force majeure reason for terminating workers to reduce losses due to the Covid-19 pandemic. 19. The legal consequences of canceling work agreements for a certain time during the Covid-19 pandemic, namely termination of employment by employers during the Covid-19 pandemic. The Covid-19 pandemic is used as an excuse for Force Majeure for employers to terminate employment. Force Majeure can legally be used as an excuse by business actors to lay off their workers, as has been explained in Article 164 Paragraph (1) of Law no. 13 of 2003 concerning Manpower.
Penegakan Hukum Pidana Terhadap Kepemilikan Senjata Api Ilegal yang Disalahgunakan yang Mengakibatkan Matinya Seseorang: Criminal Law Enforcement Against Possession of Illegally Abused Firearms that Causes Someone's Death Hasanal Mulkan; Mona Wulandari
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7513

Abstract

According to Law No. 12 of 1951 and the criminal law enforcement process against perpetrators of illegal possession of firearms according to the Emergency Law No. 12 of 1951 as well as the obstacles encountered in the enforcement of criminal law against illegal possession of firearms by the police by selecting the relevant agencies to obtain detailed information. concerning the enforcement of criminal law against illegal possession of firearms and the application of the Emergency Law No. 12 of 1951. that Law No. 12 of 1951 concerning the possession of illegal firearms has been implemented properly and the enforcement of criminal law against perpetrators of illegal possession of firearms has been carried out in accordance with the relevant regulations. Starting from the starting point of the discussion, it can be concluded that as a criminal law enforcer against the owner of a legal firearm that is misused resulting in the death of a person, it is possible to be subject to criminal charges against the perpetrators of murder in accordance with Article 338 of the Criminal Code with the threat of imprisonment for a maximum of fifteen years in prison and preventive measures to prevent the misuse of legal firearms, are in accordance with the applicable regulations for registration and use permits, conducting raids from certain parties, medical examinations for the holder of the firearms.
Permainan Game Online Berbasis Perjudian dalam Perspekif Hukum Pidana: Gaming Based Online Games in Criminal Law Perspective Yusuf Hanafi Pasaribu
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7996

Abstract

This paper will describe online games with the dimension of gambling, so that the discussion is about the form of online games with the dimensions of online gambling in the aspect of criminal law and the application of criminal sanctions for users of online games with the dimensions of online gambling from the perspective of criminal law. The research method uses normative juridical research which refers to secondary data that reveals data that takes the truth obtained from the literature and the field by combining regulations, scientific books that are related to this research. The results of the study found that the form of online games with the dimensions of online gambling in the aspect of criminal law that online games with dimensions of online gambling through the internet network is a form of gambling in which the entire process is both the stakes, the games and the collection of money via the internet which of course the players have to do. an upfront deposit before being able to play online gambling games. Forms of online gambling games found on internet networking sites, for example chips game higgs domino, sports gambling, texas holdem poker and casino gambling games. While the application of criminal sanctions for users of online game games with the dimension of online gambling from a criminal law perspective, of course, still refers to the provisions of Article 303 of the Criminal Code and Article 303 bis of the Criminal Code and Law No. 11 of 2008 concerning Information and Electronic Transactions as amended by Law no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions.
Penetapan Ambang Batas Calon Presiden dan Wakil Presiden Berdasarkan UU No. 23 Tahun 2003 dan UU No. 7 Tahun 2017 luken ferisman lubis; Eddy Asnawi; Bagio Kadaryanto
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.6701

Abstract

The purpose of this study is how the threshold for the nomination of president and vice president is based UU No. 23 Year 2003 and UU No. 7 Year 2017 and how ideally the threshold for presidential and vice presidential candidates is determined based on UU No. 23 Year 2003 and UU No. 7 Year 2017. This type of research is normative legal research by analyzing cases that conflict with the law using qualitative methods to draw deductive conclusions. The provisions for setting thresholds in presidential elections constitutionally violate the constitutional rights of citizens based on the provisions of Article 6A paragraph (2) of the 1945 Constitution which states "pairs of presidential and vice-presidential candidates are proposed by political parties or a coalition of political parties participating in general elections prior to the holding of general elections. This provision provides space for political parties to nominate presidential and vice presidential candidates. However, in Article 222 UU No.7 Year 2017 concerning General Elections, it provides a limit of 20% of the number of seats in the DPR or 25% of valid votes nationally in the previous DPR member elections. In a presidential system, the imposition of a threshold is irrelevant because theoretically the separation of powers does not recognize the president's accountability to the parliament, thus the threshold is not appropriate if the votes used are from the DPR election. Setting the threshold for presidential and vice-presidential candidates is simply reduced to 5% of seats in the DPR and 10% of valid votes from the previous general election or the article on setting the threshold for presidential and vice-presidential candidates is simply abolished through revisions to the general election law.
Akibat Hukum Terhadap Akta Autentik yang Dibuat dalam Keadaan Tidak Seimbang (Penyalahgunaan Keadaan) Studi Putusan Mahkamah Agung Nomor : 2319 K/Pdt/2015 Evan Saputra Situmorang; Surya Perdana; Suprayitno Suprayitno
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.7510

Abstract

In carrying out his position serving the community, a notary certainly pays attention to the provisions of the applicable laws and regulations and other regulations. When a notary makes a deed for the benefit of the requester, of course the notary has paid attention to various signs that can cause the deed to be canceled or null and void. But it turns out that in subsequent developments in various court decisions other legal terminology was born which emphasized that if there is a violation for certain reasons, the deed can: Has no legal force, void, illegal according to law, illegal and null and void, no legal force, cancelled. by law, invalid and has no legal force, cancelled. The existence of the legal terminology with its own reasons for doing so makes it difficult for the Notary if there is a violation no longer in the legal terminology which can be canceled or null and void by law, but also uses terminology outside the law. Abuse of circumstances exists when a person knows or must be aware that the other party due to certain circumstances, such as an emergency, dependency, rush, abnormal mental state or lack of experience, is moved to take legal action, is provoked to take legal action, or at least knowing or having to realize that the other party should be kept away from that action.
Pemusnahan Barang Sitaan Narkotika Rangka Pencegahan Penyimpangan Peredaran Kembali Barang Sitaan di Masyarakat (Studi Kejaksaan Negeri Belawan) Aisyah Aisyah; Alpi Sahari Alpi Sahari; T. Erwinsyahbana T. Erwinsyahbana
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8109

Abstract

The purpose of this study is to find out about the authority of the Prosecutor as executor in carrying out the destruction of confiscated goods resulting from criminal acts and the obstacles in carrying out the destruction of confiscated narcotics crimes, as well as the perspective of destroying confiscated goods in order to prevent the re-circulation of confiscated narcotics crimes in society. The research method is normative legal research, which uses secondary data sources with an emphasis on theoretical and qualitative analysis. The results of the study found acts of destroying evidence of narcotics according to Article 26 paragraph 1 of Government Regulation No. 40 of 2013 concerning Implementation of Law No. 35 of 2009 concerning Narcotics, law enforcement agencies that are allowed to destroy narcotic evidence are BNN investigators and POLRI investigators, and prosecutors. Barriers to the destruction of confiscated goods for narcotics crime there are 5 (five) factors, namely; the legal factors themselves, law enforcement factors, facilities or facilities factors, community factors. The Belawan District Prosecutor's Office has taken preventive action, namely control is carried out to prevent the possibility of undesirable things from happening in the future, preventive or preventive actions are carried out by the Belawan District Prosecutor's Office as the executor of the Court Decision, aiming to protect against bad things that may occur, such as loss or misuse of confiscated narcotics.
Analisis Putusan Pemerkosaan yang Dilakukan oleh Anggota Militer Berdasarkan Hasil Visum Et Repertum Nomor : VER/41/KES.15./XII/2018 Karina Elintra Kloko; Indra Koswara
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8872

Abstract

Visum Et Repertum or VeR is an official written statement made by a doctor for the needs of investigators regarding medical. One type of crime that requires a Ver outcome is rape. Military members who have cases will be tried in military courts as regulated in Law No. 31 of 1997 concerning military courts. The purpose of this research is to find out the results of the Visum Et Repertum (VeR) can be used as evidence in investigating rape cases and whether the legal decision in this case is influenced by the results of the Visum Et Repertum (VeR). This research method uses normative juridical analysis techniques and literature. The results found are evidence of the elements of the crime of rape from the results of the examination contained in the visum et repertum, determining the steps taken by the Police in investigating a rape case. Visum Et Repertum clearly influences the judge's decision because it explains as clearly as possible what happened at the time of the incident with evidence in the post mortem et refertum. Based on the results of the Visum Et Repertum and the testimony of other witnesses, the defendant was sentenced to 10 (ten) months in prison and court costs to the defendant in the amount of Rp. 5,000.00 (five thousand rupiah) on charges of rape and the second charge of intentionally and openly violating decency. Having Ver evidence in the rape case sheds light on what happened during the incident and clarifies the testimony of witnesses.
Urgensi Penerapan Konsep Green Banking di Indonesia Barran Hamzah Nasution; Rosa Agustina; Affila
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8879

Abstract

Era globalization, environmental management and protection become important matters. Environmental issues nowadays have become not only local or trans-local issues but also regional, national, transnational, and global issues. On that matter, banks in Indonesia transform their business activities by implementing the green banking concept, in which national banks nowadays consider environmental management and protection aspects in their operational activities. However, the absence of statutory regulations in Indonesia which explicitly stipulate obligations for a bank to include provisions for environmental management and protection requires legal renewal in the application of the green banking concept to banking management in Indonesia. This research aims to review the definition and history of green banking and the urgency of the green banking concept implementation in Indonesia. This research is normative legal research in which using a statute approach. The legal materials used in this research are derived from primary and secondary legal materials. The legal material collection technique used in this research is a library research technique. The data in which sourced from legal materials in this study were analyzed using a qualitative approach.

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