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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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CHALLENGES OF ELECTION ORGANIZERS IN THE POST - COVID-19 PANDEMIC ERA Sidi, SH, MH, Dr. Redyanto; Rezky Mz, Putro Sucy
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.v12i1.5591

Abstract

As a global health phenomenon in the modern era, the COVID-19 pandemic has had a profound impact on all aspects of human life. Its influence extends beyond social life to encompass economic and political dimensions. The political aspect, in particular, demands attention in the post-pandemic era, primarily due to political agendas that necessitate the concentration of people at a single point and time, as seen in General Elections (Pemilu).Referring to the health protocols during the pandemic, a large concentration of people at one location and at a specific time is highly counterproductive in preventing the spread of COVID-19. However, elections are a critical agenda that lays the foundation for long-term human development. Therefore, conducting elections in the post-pandemic period entails certain consequences that must be addressed by election organizers.This study aims to uncover new trends in human activities during the pandemic period. Subsequently, these new trends pose challenges that must be addressed by election organizers to ensure that the political agenda can be carried out without contributing to an increase in COVID-19 infection cases. This research is qualitative in nature, employing a descriptive approach. Data were collected through literature and mass media sources. The findings reveal new trends in the social life of the Indonesian community post-pandemic, such as a heightened interest in working from home (WFH), the prevalence of fake news (hoaxes), and an increased level of public criticality. These factors have implications for the challenges faced by election organizers, including the ability to build public trust, effective communication skills, preparedness of human resources, and mastery of technology.Keywords: Pandemic, Elections, Effective Communication, Technology Mastery, Human Resource Readiness
IMPLEMENTATION OF MEDICAL CHECKS (MCU) IN THE WORKFORCE IN HOTEL COMPANIES Hasibuan, Helviana; Risdawati, Irsyam; Ismaidar, Ismaidar
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.v12i1.5588

Abstract

Considering the risk of infection and spread of disease in the workplace, it is necessary to provide health checks or what is called a medical check-up (MCU) for workers. This research aims firstly to find out how medical check-ups are implemented for workers and, secondly to find out the supporting and inhibiting factors for implementing medical check-ups at the Santika Premiere Dyandra Hotel Medan. This research uses qualitative research, which is descriptive using a theoretical basis to present information according to facts in the field, interview data collection techniques, and documentation. The results of the research show firstly, Hotel Santika Premiere Dyandra Medan has implemented medical check-ups for its workforce but it is still not optimal by Minister of Manpower Regulation 02 of 1980 concerning the Implementation of Occupational Health Checks. Supporting factors for carrying out medical check-ups are government regulations and hotel SOP rules which require workers to carry out medical check-ups, while the inhibiting factor for carrying out medical check-ups at hotels is the high cost of medical check-ups at hospitals/clinics.Key words: Hotels; Occupational health and safety (K3); Medical check-up
THE MECHANISM OF EXECUTION OF THE JUDGE'S DECISION IN A SIMPLE LAWSUIT Firmansyah, Agus Hartawan; Septyanun, Nurjannah; Erwin, Yulias
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.v12i1.5148

Abstract

Community life is inseparable from conflicts of private interest between one legal subject and another legal subject, both between person to person, person to legal entity or legal entity to legal entity. The conflict that occurs requires a dispute resolution and enforcement of civil law which now seems protracted and long-winded because of the long process of resolving cases in court so that the application of the principle of fast, simple, and light costs cannot be realized. The community's need for justice in resolving a dispute at low cost and with fast events. This research uses the Normative legal research method using a Qualitative approach. The results of the study that, Dispute resolution at low cost and with fast events, the Supreme Court applies a simple lawsuit based on Supreme Court Regulation Number 2 of 2015 jo PERMA No 4 of 2019 concerning Procedures for Resolving Simple Claims. This Supreme Court regulation is a major step from the Supreme Court to realize the resolution of cases according to the principle of fast, simple and low cost. The implementation of simple lawsuit decisions is the same as the implementation of ordinary civil case decisions, which are carried out voluntarily and execution.Keywords: Simple lawsuit, Judge's decision, and Implementation of the decision
PROBLEMS IN PERMENKUMHAM NO. 34 OF 2017 RELATING TO CHANGES IN THE MANAGEMENT OF POLITICAL PARTIES IN CIRCUMSTANCES OF INTERNAL DISPUTE Suwito, Dwi Darojatun Patra
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.v12i1.5115

Abstract

Political parties are main players in competing for and maintain power legally in democratic countries. As a power oriented organization, a political party also has risk of internal dispute and schism. Law Number 2 of 2011 regulate the space for the internal dispute settlement, namely through internal party court and judicial institution. In dispute relating to organization structure, verdicts issued by the internal party court and judicial institution need to be followed by the issuance of ratification decision letter from the Minister of Law and Human Rights.This research used the type of doctrinal research. The data source that is used in this research is library study technique. Analysis of the data used is by using qualitative methods.Based on the result of this research, it can be concluded that Minister of Law and Human Rights Number 34 of 2017 has a lack of regulation regarding the change of political party organization structure in internal dispute circumstance. This lack of regulation can cause legal uncertainty and can obstruct political parties in obtaining decision of organization structure ratification form Minister of Law and Human Rights. Keywords: Internal dispute, pollical party, Minister of Law and Human Rights.
GOVERNMENT LEGAL RESPONSIBILITY FOR PAYMENT OF COMPENSATION COSTS FOR THE BUNTU KUNIK BERKENDEK TANA TORAJA AIRPORT CONSTRUCTION PROJECT Andrito Palipadang; Marwati Riza; Muhammad Ilham Arisaputra
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.v11i2.3842

Abstract

The application of the precautionary principle at the stage of land acquisition for the construction of the airport, but not yet fully implementing the precautionary principle and implementation that is not transparent because it does not involve the full participation of the community, especially the people affected by the development and the inventory/identification of documents that were not carried out properly by the Land Acquisition Committee which resulted in an error in paying compensation. Keywords: Precautionary Principle, Legal Consequences, Compensation
RESPONSIBILITY OF INFLUENCERS WHO CONDUCT STOCK POMMS AS A LAW ENFORCEMENT MEASURE FOR INVESTORS Edelweiss, Agatha; Emmanuel, Joanne; Siregar, Ricky
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.v12i1.4855

Abstract

Many stock investment influencers often engage in stock pumping and dumping on social media. "Pompom" is a term for "pump and dump" which involves individuals or groups. Those involved in stock pumping and dumping frequently share information about stocks they already own or plan to buy. This indirectly shapes opinions and captures the attention of their followers to buy stocks as per their desires, often enhanced by enticing details. This attracts people to invest in the recommended stocks. Pompom influencers target millennial and novice stock investors, as these groups seek quick and substantial profits. When millennial and novice investors begin purchasing stocks, they often expect only gains without considering potential losses. Due to their limited knowledge, beginners often rely solely on the provocations from stock-pumping influencers on social media to make decisions about which stocks to buy. They may skip technical and fundamental analysis of the companies behind the stocks they purchase. This means they don't investigate whether these pompom influencers have conducted thorough assessments of the recommended stocks through social media. Those involved in stock pumping can be held accountable under securities laws and criminal codes.Keywords: stock investment law, stock influencers, pump and dump
PRESENCE OF EVIDENCE OF MEDICAL RECORD CONTENTS IN TRIALS FOR CRIMINAL ACTIONS OF MALPRACTICE BASED ON MINISTER OF HEALTH REGULATIONS NUMBER 269/MENKES/PER/2008 JUNCTO LAW NUMBER 8 OF 1981 CONCERNING THE BOOK OF CRIMINAL PROCEDURES Allorante, David Mallisa; Pura, Margo Hadi
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.v12i1.3640

Abstract

Victimology, from the words victim (victim) and logic (science), Latin victim (victim) and logos (science). In simple terms, victimology means the science of victims (crimes). According to the Crime Dictionary dictionary quoted by an Abussalam expert, victims are "people who have suffered physical or mental suffering, lost objects or resulted in death for acts or attempts of minor violations committed by perpetrators of criminal acts and others". Here it is clear what is meant by "people who experience physical suffering and so on" are victims of violations or criminal acts.In conducting research so that it is carried out optimally, the researcher uses several methods. In this study, the normative juridical approach is used. Normative juridical namely the study of legal principles, legal systematics, level of legal synchronization and legal comparison. This normative juridical is an effort to inventory positive law. This approach examines legal issues based on normative rules whether they are compatible with social life. To obtain the data and information referred to by this thesis, the authors use the nature of descriptive analysis research.The crime of theft is an act of crime, which greatly disturbs the comfort of the people. For that we need a consistent action that can uphold the law, so that harmony is established. As it is known that Law Number 8 of 1981 Concerning Criminal Procedure Law adheres to a criminal justice system that prioritizes the protection of human rights, but if the provisions regarding this matter are considered in more depth, it turns out that only the rights of submission/defendant are much highlighted while the rights of victims of theft. In line with this principle, the public, especially the mass media, focuses more on the rights of the suspect/defendant rather than making an issue of the Protection of Victims of Theft.Keywords: Victimology, Theft Crime, Criminal Justice System
Legal Protection For Victims Of Misuse Of Personal Data When Making Online Loans Sandika, Arabin; Zainuddin, Cholidi; Wardhana, Arief Wisnu
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5503

Abstract

Current developments are investments that take advantage of the digital era and globalization using application products, namely financial technology (Omarova, 2020). Financial technology is a combination of financial services and technology that makes changes to businesses that were previously conventional to become modern. Then, with modern technology, things are illegal and use other people's data. This research method uses normative juridical or doctrinal juridical research. The formulation of the problem is legal protection for victims of misuse of personal data when making online loans. The result is that legal protection can take the form of civil legal protection, criminal legal protection. Including those contained in the Financial Services Authority (OJK) regulations, however, this legal instrument does not yet comprehensively regulate the misuse of personal data for online loans.. Keywords: personal data; victim; legal protection; abuse; online loans.  
NICKEL ORE EXPORT PROHIBITION IN THE FRAMEWORK WORLD TRADE ORGANIZATION AS AN EFFORT TO PROTECT NATURAL RESOURCES (WTO Case Study DS592: Indonesia Measures Relating to Raw Materials) Febiola, Cahya Putri; Pratiwi, Charine Alya; Salsabila, Ratna Atiqah; Bramantyo, Adimas
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6223

Abstract

Indonesia issued a policy prohibiting the export of nickel ore with a grade <1.7% in Minister of Energy and Mineral Resources Regulation Number 11/2019, but this policy gave rise to a lawsuit from the European Union at the WTO. The aim of this research is to find the implementation of the adoption of the WTO concept in the Indonesian legal system and answer dispute resolution between Indonesia and the European Union regarding the policy of banning Indonesian nickel ore exports as an effort to protect natural resources based on GATT/WTO rules and principles. This research uses a normative method using a case approach, statutory approach and conceptual approach. The research results show that the ban on nickel ore exports is Indonesia's effort to protect its natural resources, despite legal challenges from the European Union. The implementation of the GATT/WTO concept in Indonesian policy shows a balance between international obligations and national interests in managing natural resources. This dispute also highlights the importance of appropriate legal strategies in safeguarding state sovereignty within the WTO framework.
LEGAL REVIEW OF THE TERMINATION OF INVESTIGATION ORDER (SP3) REGARDING MURDER CASES (A Case Study of Murder Against Goat Thieves in Serang City) Riski, Yuliana; Hasuri, Hasuri
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5590

Abstract

This study aims to understand the termination of investigation order in the Criminal Code and analyze the Termination of Investigation Order (SP3) in Cases of Justifiable Defense Homicide. This research is descriptive with a normative juridical approach, through legislative approaches using secondary data, then analyzed qualitatively. The results show that the Serang District Attorney's Office (Kejari) issued a Termination of Investigation Order (SP3) against Muhyani (58), a farmer who stabbed a goat thief in Serang due to Justifiable Defense. Justifiable defense that exceeds limits can eliminate the criminal nature of an action and cannot be punished, so the act is not included in criminal acts according to Article 49 paragraph (1) of the Criminal Code. As stipulated in Article 109 paragraph (2) of the Criminal Procedure Code, reasons for issuing a termination of investigation letter include lack of evidence, actions that do not meet the criteria of criminal acts, or termination carried out in the interest of justiceKeywords: Termination Of Investigation Order; Forced defense; Murder

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