Articles
348 Documents
<![CDATA[WHO IS THE MOST AUTHORIZED TO ERADICATE ILLEGAL FINANCIAL INSTITUTION ? ]]>
<![CDATA[Suwinto Johan]]>;
<![CDATA[Gunard LIe]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3224
<![CDATA[Illegal financial institutions have repeatedly appeared and disappeared in the community. Illegal banks or savings institutions disguise their businesses as travel agents or public fund savings institutions called arisan. At the moment, there have been emerging illegal online loan institutions (Pinjol). In 2021, illegal online loans (Pinjol) become a trending topic in Indonesia. Illegal lending has become a long-standing issue in society. The authorities have carried out the eradication of illegal lending. However, illegal borrowing is never completely eradicated and is always present in the community. Illegal borrowing has also caused a lot of community problems. This research aims to examine the illegal borrowing in the midst of society. This research uses a normative juridical method. This research concludes that eradicating illegal lending is the responsibility of the police, not the responsibility of the Indonesian Financial Services Authority (OJK). Even though illegal lenders operate in the financial industry, the Indonesian Financial Services Authority has no authority over the illegal financial industry. The authority of the Indonesian Financial Services Authority has been confirmed in Law of the Republic of Indonesia Number 21 of 2011. The illegal financial industry does not only exist in the financial technology industry, but has also emerged repeatedly in the conventional financial industry, such as illegal banks, fraudulent investments, and credit unions.]]>
<![CDATA[ANALISIS KONSEKUENSI HUKUM DARI PERKAWINAN SIRI TERHADAP PEREMPUAN DAN ANAK ]]>
<![CDATA[Angel Victoria]]>;
<![CDATA[Mia Hadiati]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3761
<![CDATA[Siri marriage is considered as an illegal relationship by the state, so that the child born from the marriage is considered legal and varies according to religion. This position is based on Article 43(1) of the Marriage Law which states that a child born out of wedlock can only have civil relations with his mother and family. Based on the decision of the Constitutional Court, she can have a civil relationship with a man out of wedlock, her biological father. , said: National relations are between children born out of wedlock and their mothers and their families, and between fathers and their children in so far as a natural relationship between them can be scientifically explained; it can support technical evidence and/or other evidence such as relationships, including civil contacts with family members. In this case, unregistered marriages are considered to only provide protection and freedom to the men. Amendments to Article 43 (1) of the UUP generally apply to provide full legal protection to all born children and oblige fathers to take full responsibility for their children in accordance with the law.Keywords: Citizenship Relations, Constitutional Court, Marriage]]>
<![CDATA[HUMAN RIGHT AKIBAT TINDAKAN DISKRIMINATIF BAGI PENYANDANG DISABILITAS DALAM DUNIA KERJA ]]>
<![CDATA[Dr. Zainal Abidin Pakpahan, SH, MH]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3980
<![CDATA[The treatment of discrimination in the world of work for persons with disabilities still occurs in every line of life in companies located in each region, which should receive special treatment as an effort to maximize the respect, promotion, protection and fulfillment of human rights universally and not to be discriminated against. In addition, persons with disabilities always face greater difficulties than non-disabled people due to barriers to accessing public services, such as access to education, health, and employment services so that disability should not be an excuse and obstacle for persons with disabilities to obtain the right to life and the right to maintain their lives and lives because this is a constitutional mandate in Article 28 A and Article 28 I of the 1945 Constitution and other laws and regulations that emphasize the absence of differences and discrimination in employment. This kind of discrimination has been felt by people with disabilities in the world of work that occurs in Indonesia, one of which is the non-acceptance of a person with a disability who is in a wheelchair to become a civil servant in the city of Surabaya in 2005 and this becomes jurisprudence in the Supreme Court of the third person with disabilities filed a lawsuit in the State Administrative Court to the Mayor of Surabaya and the refusal of a person with a disability to re-work in a state-owned enterprise due to a right foot disability so that such treatment and actions constitute discriminatory acts as human rights violations for which they should receive special protection and treatment from their employment rights as persons with disabilities working in informal sector corporate agencies.Keywords: Human Right, Discriminatory, Employment, Company, Disability]]>
<![CDATA[KAJIAN YURIDIS KONVERSI SERTIFIKAT HAK GUNA BANGUNAN MENJADI SERTIFIKAT HAK MILIK OLEH YAYASAN ]]>
<![CDATA[Sunyoto Sunyoto]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3742
<![CDATA[Foundations that have ownership rights over land, as long as the land is used for businesses in the religious and social fields, can only be used in accordance with the nature of the legal entity. (Article 49 paragraphs (1) and (2) of the BAL). The research method in this writing is using normative juridical research methods. The approach was carried out using an analytical descriptive analysis method regarding the juridical study of the conversion of SHGB to SHM by the foundation. The technique of collecting legal materials is carried out through literature studies and analysis, as well as studies of searching internet materials in the form of scientific articles and journals related to this research. Furthermore, it was analyzed using descriptive analytical techniques and was critical of the object of discussion of the juridical study of the conversion of SHGB to SHM by the foundation. The conversion of SHGB land rights to SHM according to the Decree of the State Minister for Agrarian Affairs/Head of BPN No. 6 of 1998, only regulates the increase in land rights to land and buildings specifically for residential homes. In order to be able to convert land rights, foundations must first obtain a Decree on the Appointment of a Legal Entity that can have Ownership Rights over Land issued by the Head of the BPN (Article 10 paragraph (1) letter b PMNA/KBPN Number 9 of 1999).Keywords: Juridical Study; Conversion of SHGB to SHM; Foundation.]]>
<![CDATA[GANTI RUGI SEBAGAI UPAYA PERLINDUNGAN HAK KORBAN KEJAHATAN PERSPEKTIF POLITIK HUKUM PIDANA ]]>
<![CDATA[Bennaris Kaban]]>;
<![CDATA[Mahmud Mulyadi]]>;
<![CDATA[Adi Mansar]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3698
<![CDATA[Legal protection for crime victims in positive law in Indonesia, it still abstract or indirect protection, it is said that because a criminal act according to positive law dosen’t seen as as an act of attacking a person’s public interest but only seen as a violation of norms or the rule of law. Therefore in its development criminal law enforcement in the future must pay more attention to the rights of victims, including by providing compensation.To explore this problem, the formulation of the problem in this study: How is the posisition and protection of crime victims in positive criminal law in Indonesia? What is the prospect of criminal compensation in the poitics of criminal law in Indonesia? The research method in relation of this thesis includes tha type of normative legal research based on secondary data. This study using statute approach and conceptual approach. The result of this thesis research show: (1) Legal protection for victims of crime in positive law in Indonesia still limited to stipulated in special laws, especially related to provision of compensation for victims of crime while general crimes of crimes victims are not protected concretely in KUHP (criminal code). (2) Criminal compensation has good prospect, good in law enforcement, because it places victims of crime of legal subject vho must be protected in order to achieves legal goals, namely certainty, justice, and benefit.Keywords : compensation, legal protection, crime victims]]>
<![CDATA[IMPLEMENTASI KERJASAMA DIREKTORAT JENDERAL IMIGRASI DAN LEMBAGA PERBATASAN DI INDONESIA ]]>
<![CDATA[Angga Maulana Adha Sitorus]]>;
<![CDATA[Arif Satria Hunianto]]>;
<![CDATA[Syarif Hidayatullah]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3408
<![CDATA[The Directorate General of Immigration is an example for other agencies in terms of developing innovations or other things that are able to increase the effectiveness of public services in Indonesia. One of them is the cooperation between the Directorate General of Immigration and several border institutions in Indonesia. Institutions that are in direct contact with the border between Indonesia and other existing countries such as Customs and the National Border Agency of the State. The establishment of the Cooperation is to overcome the abuse of authority by foreigners in Indonesia such as the smuggling of illegal goods, humans or even the existence of terrorism associations. With the existing cooperation, it is hoped that it can be a preventive step for possible violations that occur. In this study, it will be discussed about the implementation of the Cooperation and what future innovations can be done to improve existing cooperation. This research uses normative research methods with an approach that is carried out on the basis of materials to study theoretical problems related to concepts, views, principles, legal doctrines, legal rules and systems. So as to conclude that the implementation of existing cooperation between the Directorate General of Immigration and Border Institutions in Indonesia is effective or notKeywords : Directorate General of Immigration, Borders, Cooperation]]>
<![CDATA[Aspek Keadilan Dalam Klausula Baku ]]>
<![CDATA[Fauziyah Sari Ferdyan Putri]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3790
<![CDATA[Banks in carrying out credit provide a credit agreement in which standard clauses of standardization have been set by the bank. A standardized agreement means that the contents of the agreement are certain, then the party who standardized the agreement provides a printed form which is then given to the consumer or debtor for approval. With this, the debtor cannot negotiate beforehand about the contents that have been stated in the form and can only agree or not regarding the content of the agreement. Standard clauses are contained in Article 1 paragraph (10) of the Consumer Protection Act which contains: “Standard clauses are any rules of provisions and provisions that have been prepared and determined in advance unilaterally by business actors as outlined in a document and/or a binding agreement and must be met by consumer. The position of the bank that i higher than the debtor from an economic and social perspective must have legal protection that regulates it in order to achieve justice for all parties with a stronger bargaining position tends to dominate the party with a weaker bargaining position. This imbalance requires legal intervention to provide firm legality of legal products.Keywords : Credit Agreement; Standard Clause; Consumer Protection.]]>
<![CDATA[PENERAPAN UNDANG-UNDANG NOMOR 39 TAHUN 2014 TENTANG PERKEBUNAN TERHADAP PELAKU PENCURIAN KELAPA SAWIT ]]>
<![CDATA[Hengki Syahyunan]]>;
<![CDATA[Khairuddin Hasibuan]]>;
<![CDATA[Hilaman Arfandy Siregar]]>;
<![CDATA[Edy Pane]]>;
<![CDATA[Lelisari Lelisari]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 10, No 2 (2022): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v10i2.4179
<![CDATA[There are different points of view that cause unrest in the community related to the certainty of law enforcement of palm oil theft in Indonesia. The weak law enforcement against palm oil theft is due to the issuance of Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of the Limits for Minor Crimes which translates the value of currency in article 364 of the Criminal Code and others which was originally IDR 250 read into IDR 2,500,000. Laws, Theft, Plantations. This has become a polemic in the community because it has implications for the many acts of palm oil theft whose loss value is not more than the provisions mentioned above so that it does not entangle the perpetrators and does not provide a deterrent effect to the perpetrators of palm oil theft. On the other hand, this Supreme Court Regulation can be overridden by Law Number 39 of 2014 concerning Plantations which can ensnare perpetrators of oil palm theft if the perpetrators harm the Legal Entity Plantation. It is reviewed in several decisions of the Rantauprapat District Court, that there is a verdict against the perpetrators of palm oil theft whose loss value is not more than Rp 2,500,000, but the verdict is sentenced to 6 months in prison. This consideration refers to article 107 letter d of Law Number 39 of 2014 concerning Plantations.Keywords: Law Application, Theft, Plantation]]>
<![CDATA[ANALYSIS OF THE IMPLEMENTATION OF CORRECTIONAL DATABASE SYSTEM (CDS) AT CLASS II NARCOTICSPENITENTIARY IN BANDAR LAMPUNG ]]>
<![CDATA[Youdi Adeputra Triawan]]>;
<![CDATA[Baharudin Baharudin]]>;
<![CDATA[Lintje Anna Marpaung]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3146
<![CDATA[The implementation of the Correctional Database System (CDS) based on the Regulation of the Minister of Law and Human Rights (Permenkumham) Number 39 of 2016 aims to fulfillment of the rights of prisoners in prison. The purpose of this study are to analize the implementation of the CDS at the Class II Narcotics Penitentiary in Bandar Lampung and inhibiting factors for the implementation of the CDS at the Class II Narcotics Penitentiary in Bandar Lampung? The research using normative and juridical approach. The results of this study indicate that implementation of CDS at the Class II Narcotics Prison as an effort to ensure the fulfillment of the rights of prisoners in prisons has been implemented although it has not been maximized because inhibiting factors are still present. Implementation of CDS can help determine decisions such as in granting conditional leave, leave before release, parole, leave to visit family, because the calculation, registration and register f are included in it. These data are integrated between sections in the Class II Narcotics Prison in Bandar Lampung and are connected with other relevant agencies in fulfilling the rights of prisoners. The inhibiting factor for implementing CDS substantially is the sending of data from the Technical Implementing Unit to the Director General of Corrections which is still often illegible. In addition, there are still some prisoners whose files are incomplete from the Police and the Prosecutor's office which makes the remission proposal impossible. The technical obstacle is the unstable internet network so that it becomes an obstacle in providing services to the inmates.Keywords: Implementation of CDS, Rights, Prisoners.]]>
<![CDATA[THE ROLE OF INVESTIGATORS CIVIL SERVANTS OF NORTH SUMATERA PROVINCE IN THE FRAMEWORK OF ACTIVITIES OF ILLEGAL LOGGING CRIMINAL ACTIONS ]]>
<![CDATA[Lavita Raradanti]]>;
<![CDATA[Mahzaniar Mahzaniar]]>;
<![CDATA[Halimatul Maryani]]>;
<![CDATA[Adawiyah Nasution]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3795
<![CDATA[Illegal logging activities or illegal/illegal logging activities are illegal logging activities by violating laws and regulations that have been going on for a long time in Indonesia, especially in North Sumatra Province. The purpose of this research is to find out the process of investigating civil servant investigators (PPNS) in the context of taking action against perpetrators of illegal logging in North Sumatra and to find out what obstacles are faced by investigators of civil servants (PPNS) in the context of investigating perpetrators of criminal acts. illegal logging crime. This research was carried out by direct researchers in the field with literature studies, namely by conducting searches of books, and literature and also conducting direct interviews with related parties, Civil Servant Investigators (PPNS). Based on the research conducted by the authors, it can be concluded that the obstacles faced by Civil Servant Investigators (PPNS) in handling forestry crimes, in general, are weak coordination between law enforcers. The main actors (intellectualactors) which are difficult to penetrate by law, the existence of regional autonomy, lack of facilities and infrastructure, and limited funds. Countermeasures against Illegal logging can run well and as expected, it is necessary to increase the eradication of Illegal logging crimes, prepare law enforcement officials both in terms of quality and quantity, and enforce regulations and provisions on forestry as well as possible to minimize provisions as small as possible the crime of illegal logging throughout Indonesia, especially in North Sumatra Province.Keywords: Civil Servant Investigator; Enforcemen; Illegal Logging]]>
