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JURNAL ILMIAH ADVOKASI
Published by Universitas Labuhanbatu
ISSN : 23377216     EISSN : 26206625     DOI : 10.36987/jiad
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah ADVOKASI adalah jurnal yang dikelola oleh Fakultas Hukum Universitas Labuhanbatu, Sumatera Utara. Jurnal Ilmiah ADVOKASI menerima artikel ilmiah dari hasil penelitian, diterbitkan 2 nomor dalam satu volume setiap bulan pada bulan Maret dan September. Jurnal ini fokus mempublikasi hasil penelitian orisinal yang belum diterbitkan di manapun pada bidang Ilmu Hukum dan aplikasi ilmu Hukum dan Perundang-undangan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 348 Documents
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LEGAL PROTECTION OF OUTSOURCING WORKERS FROM TERMINATION OF EMPLOYMENT UNDER LAW NUMBER 6 OF 2023 Rr. Winarti Pudji Lestari; Muhamad Abas
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4029

Abstract

In the increasingly fierce business competition, the outsourcing system is felt to be more effective for the company. On the other hand, the outsourcing system opens opportunities for employers to carry out Termination of Employment (PHK) actions easily. In the outsourcing system, there are weaknesses, there is no guarantee of continuity of work for workers. Law Number 6 of 2023 of Job Creation has regulated legal protection for outsourcing workers against arbitrary actions by employers in carrying out layoffs, through the principle of Transfer of Undertakings Protection of Employment (TUPE). But in practice, the TUPE principle is still not running effectively. The purpose of this research is to find out and understand the principles of the employment relationship between outsourced workers and employers so that unfair layoffs do not occur and legal protection for outsourced workers from employers' arbitrariness in implementing layoffs. This study uses a normative juridical approach. It is necessary to develop regulations regarding outsourcing in which legal protection for workers is further enhanced, determine sanctions and law enforcement for those who commit violations, and carry out more intensive supervision of the implementation of outsourcing. Keywords: Legal protection, outsourcing, continuity of work
IMPLICATIONS OF IMPLEMENTING MEDIATION AS A MEANS OF DIVORCE CASE SETTLEMENT Aulia, Zavira; Mia, Mia
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5653

Abstract

Mediation is a humane and fair way of resolving disputes as an alternative to dispute resolution (ADR) because mediation in making decisions through a peace agreement allows the disputing parties to maintain a harmonious and fair relationship. After all, both parties can negotiate a settlement. to solve problems, and the result is a win-win solution. As the organizer of the Supreme Court of the Republic of Indonesia, the Supreme Court has provided several ideas to facilitate the process of resolving disputes in court to obtain the best results. A fairly progressive idea is to optimize mediation institutions in resolving civil cases. Mediation in the Religious Courts is a bridge, a process of conciliation efforts between couples who file for divorce. In divorce mediation, this procedure is carried out by an appointed judge by a religious court.Keywords: Divorce, Effectiveness, Settlement of Divorce Cases Through Mediation
NOMINEE SHAREHOLDER POSITION IN INDONESIAN POSITIVE LAW Gamaitarak, Christiari Gratiani; Chaerani, Elvi; Billyarta, Borgias Punto
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5618

Abstract

Economic development in Indonesia which is experiencing growth with the presence of integrating foreign capital in the business sector, makes foreign investors who wants to carry out business activities in Indonesia wants overall ownership or control of the business being carried out.  These restrictions are regulated in Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and Burgelijk Wetboek (BW). The way to overcome these difficulties, foreign parties usually borrow names (nominee) in share ownership (nominee shareholder) by entering into a nominee arrangement. In this paper, we will discuss about the concept of the nominee shareholder and the position of the nominee shareholder according to Indonesian positive law.Keywords: nominee, nominee shereholder, nominee arrangement
ENFORCEMENT OF NARCOTICS ABUSE LAWS CLASS III CONTAINED IN MEDICINE COMIX IN TEENAGERS Maryanti, Berliana Hajariah; Muhtadi, Muhtadi; Tisnanta, HS
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.3578

Abstract

The widespread misuse of Komix cough medicine can be seen from the discovery of many packets of cough medicine in places where teenagers usually gather. Abuse of Komix cough medicine is increasingly widespread, as indicated by the frequent findings and increasing number of cases among teenagers in the Kanyurang village community. Efforts to overcome the abuse of class III narcotics contained in the drug Komix among teenagers in the Lampung Regional Police area are carried out with several efforts, including Pre-emptive, which is the first step for prevention carried out by the police by holding outreach and counseling. Preventive, is real prevention carried out by the Police in the form of vehicle raids in vulnerable areas where narcotics are distributed and trafficked. The final effort is Repressive, which has gone through several stages, namely inquiry, investigation, arrest, search, confiscation, examination, detention, and filing. The inhibiting factors in efforts to overcome the abuse of class III narcotics contained in the drug Komix among teenagers in the Lampung Regional Police are community factors and family factors, where there is a lack of understanding in the community, especially teenagers, about the dangers of drugs as well as social factors and the friendship environment. In efforts to overcome criminal acts through pre-emptive and preventive efforts, we can increase cooperation with religious institutions to strengthen faith for all levels of society and can tighten supervision, increase the intensity of patrols consistently, and carry out their duties and functions as law enforcement officers as regulated in the law. -invitation.keywords: Law Enforcement; Class III Narcotics; Komix Drugs.
THE PROBLEMATIC OF THE RISE OF BROUGHT IN PRIVATE COMPANY WORKFORCE RECRUITMENT AND ITS LEGAL ANALYSIS Lestari, Anita Dwi; Santoso, Imam Budi
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.3779

Abstract

Job vacancies that can't accommodate the number of applicants and the problems that occur with the increase of brokers in job recruitment became a posh interest discuss. With numerous cases regarding this brokering, there are still few or maybe rare ones who bring it up in journal writings. Although this discussion is highly relevant to raised in published papers, especially within the realm of law, job seekers are often more careful in following the selection process for recruiting workers. This writing uses descriptive-analytical and empirical methods to corroborate the paper supported the particular situation supported by the legal elaboration. This case is regarding brokering never expected because it disturbed and harmed job seekers regarding the proper to urge employment through equity and justice. The applicable legal umbrella should be ready to protect it. Not only tied to the corporate but also has ranged from the recruitment process. Legal certainty is required as prohibitions and sanctions. No more brokers can handle legal certainty, which is necessary as prohibitions and sanctions. As a result, no more brokers can take ad legal certainty. It required embargoes and sanctions so that no more brokers could cash in on things. Keywords: brokers; Company; private; Labor.
REVIEW OF THE EVENT OF DEFAULT IN REPURCHASE AGREEMENT TRANSACTIONS IN INDONESIA (CASE STUDY OF CENTRAL JAKARTA PN DECISION NUMBER 61/Pid.Sus-TPK/2020/PN Jkt.Pst AND SUPREME COURT RULING NUMBER 328 K/Pid.Sus/2022) Caterin, Caterin; Sari, Maya Nur Indah
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5620

Abstract

Referring to the Financial Services Authority Regulation Number 9/POJK.04/2015 concerning Guidelines for Repurchase Agreement Transactions for Financial Services Institutions, Repurchase Agreement contracts to sell or buy securities with promises to buy or resell at a predetermined time and price. In its implementation, the Global Master Repurchase Agreement becomes a standard that must be followed by the parties in making a Repo agreement. This journal uses a normative juridical method with descriptive writing specifications. The discussion in this journal is about Repo regulation in Indonesia in accordance with Financial Services Authority Regulation Number 9/POJK.04/2015 concerning Guidelines for Repurchase Agreement Transactions for Financial Services Institutions, particularly in terms of setting the event of default Repo.Keywords:  Event of default, Repurchase Agreement, Repo, and Global Master Repurchase Agreement
THE PRINCIPLE OF GOOD FAITH IN COLLECTIVE LABOR AGREEMENTS BETWEEN EMPLOYERS AND LABOR UNIONS IN REVIEW OF CONTRACT LAW Safrida, Safrida
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5572

Abstract

The principle of good faith is an important principle in contract law and is accepted in various legal systems, but until now the doctrine of good faith is still controversial Good faith is known by 2 (two) phases, namely the pre-contract phase and the contract execution phase. The pre-contract phase is called subjective good faith, which means that good faith is more directed towards honesty, while good faith in the contract implementation phase is called objective good faith, which means that good faith is interpreted as appropriateness and decency or justice. A work agreement is an agreement between workers/laborers and employers or employers that contains working conditions, rights and obligations for the parties. The definition of working conditions is the rights and obligations of employers and workers that have not been regulated in laws and regulations. Work agreements made must not conflict with existing labor agreements or Collective Labor Agreements (KKB)/Collective Labor Agreements (PKB). This research uses normative legal research sourced from secondary data related to the research topic, secondary data that has been systematically arranged and then analyzed qualitatively. From the research conducted, it was found that the position of the principle of good faith is very important not only at the stage of making (signing) and post-making (implementation) of the contract, but also at the pre-making (drafting) stage of the contract because in the practice of contract law the judge does use his authority to interfere with the contents of the contract. The legal consequences of a collective bargaining agreement that does not contain the principle of good faith are that if the subjective requirements concerning the subject of the CBA are incomplete, or in other words the requirements that must be met are not appropriate for those who want to make a CBA, then the CBA that has been made can be requested for cancellation by the trade union/labor union. If the cancellation is not requested by both parties concerned, then the PKB remains valid for the parties. The first legal effort made by PT United Rope with the labor union is by way of deliberation to reach consensus first, although in dispute resolution if there is no good faith in the collective labor agreement is through 2 (two) systems, namely first, non-litigation / outside the industrial relations court, namely bipartite settlement, mediation, conciliation and arbitration, while the second settlement is litigation.Keywords: Good Faith, Collective Labor Agreement; Businessman; Labour Union
OBLIGATION TO MONITOR SERVICE USER TRANSACTIONS BY A NOTARY AS AN EFFORT TO PREVENT AND ERADICATE THE CRIME OF MONEY LAUNDERING Amalia, Nila; Muchtar, Syamsuddin; Arisaputra, Muhammad Ilham
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.4497

Abstract

Due to disharmony between Law on the Office of Notaries and Regulations of the Minister of Law and Human Rights Number 9 of 2017 in recognizing service users for notaries, in this case the lack of clarity regarding the regulation of service user transaction monitoring obligations so that notaries experience a dilemma in implementing Know Your Customer (KYC) and are more inclined to implement KYC according to Law on the Office of Notaries and Regulations of the Minister of Law and Human Rights Number 9 of 2017 considering Law on the Office of Notaries than the Notary Code of Ethics are the legal basis for a notary in carrying out his duties and authorities which in terms of the hierarchy of laws and regulations have a higher position than the Regulations of the Minister of Law and Human Rights Number 9 of 2017, this is in accordance with the principle of Lex Superior Derogate Legi Inferiori where higher regulations overrule lower regulations.Keywords: Transaction Monitoring, Notary, Money Laundering
ANALYSIS OF COPYRIGHT AS A FIDUCIARY SECURITY LINKED TO POSITIVE LAW IN INDONESIA AND COMPARISON WITH THE UNITED STATES Pratama, Kelvin Adytia; Prastyo, Dr. Brian Amy
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5621

Abstract

Law number 28 of 2014 concerning Copyright stipulates that Copyright as an intangible movable object can be used as an object of fiduciary guarantees. Provisions regarding Copyright as an object of fiduciary security will be implemented in accordance with the provisions of the applicable laws and regulations. However, in reality, this is still being debated by various related parties, especially regarding the mechanism for assessing and binding guarantees, so that until now there has been no party that has provided credit with collateral in the form of a Copyright. This study uses a normative juridical method and aims to study the mechanisms for assessing and binding Copyright as an object of fiduciary guarantees in Indonesia, by comparing it to the method used in Common Law countries namely United States of America.Keywords : Copyright, Fiduciary Guarantee, Creative Economy, Valuation Method, Common Law
LAW AND TRUST IN POLICE: An Interrogation Study in a Forensic Linguistic Perspective Waljinah, Sri; Wardiono, Kelik; Surbakti, Natangsa; Anggoro, Purwadi Wahyu
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5235

Abstract

Citizens' rights in the legal field are to obtain justice when dealing with legal cases which in the handling process involve investigators and examinees. The problem in this research is that the interrogation process is less humane in its implementation in the Police. The aim of this research is to describe the interrogation process in the Police from a forensic linguistic perspective and examine the laws and regulations regarding interrogation and its implementation in the Police. The approach method is normative juridical and qualitative descriptive type. The data collection method uses library research on primary and secondary data sources using recording and note-taking techniques. Data analysis uses qualitative analysis methods with logical thinking based on the logic of analogical induction or deductive interpretation. Data validation uses triangulation techniques based on several data sources to compare one data source with another data source. The results of the research are: (1) the interrogation process in the Police from a forensic linguistics perspective, namely humanist and less humanist, and (2) the interrogation process in the Police is generally running in accordance with statutory regulations but there are still violations in its implementation.Keywords: Law, interrogation, forensic linguistics

Page 18 of 35 | Total Record : 348

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