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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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DISPARITY OF JUDGES' DECISIONS REGARDING CRIMINAL OFFENSES THEFT OF PLANTATION PRODUCTS Syahyunan, Hengki; Zelibu, Yanto; Siregar, Putri Habibah
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.v12i3.6199

Abstract

The disparity in the application of the law against perpetrators of theft of plantation products is a law enforcement problem that must be resolved in order to create a sense of justice, certainty and legal benefits. The purpose of this research is to be a reference for law enforcers in applying fair, certain and useful rules. This research is an analytical descriptive research with a type of qualitative research that examines and analyzes references to journals, books, laws and regulations, and considerations of judges' decisions. The clear conclusion is that there is a disparity in the perspective of judges in imposing legal decisions on perpetrators of theft of plantation products. The disparity in judges' decisions in plantation theft cases reflects various challenges in the justice system. Factors such as variations in evidence, differences in legal interpretation, local social influences, and the quality of law enforcement play an important role in creating uncertainty. To achieve better justice and consistency in decisions, reforms in the justice system are needed, including improving the quality of law enforcement, especially judges. Thus, it is hoped that justice for victims can be achieved, and the justice system can be more trusted by the community.Keywords: Disparity; Plantation Products; Theft;
REVIEW OF DECISIONS IN DEFAULT CASES COMPANIES AGAINST WORKERS IN THE PERSPECTIVE OF THE AUTHORITY TO ADJUDICATE DISTRICT COURTS AND INDUSTRIAL RELATIONS DISPUTES Usmandani, Hani; Septyanun, Nurjannah; Erwin, Yulias
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.v12i2.5300

Abstract

The subject matter of this study is related to the legal relationship between the Company and workers in the decision of the Company's default case against workers and the application of the authority to adjudicate in the decision of a quo case. This research is qualitative research with normative (doctrinal) research type. Using the Legislation approach, conceptual approach, and case approach. Data collection techniques through literature studies, as well as analytical descriptive analysis and deductive methods. The results of the research on the legal relationship between the Company and Workers are based on the Collective Labor Agreement stipulated in Law Number 13 of 2003 concerning Manpower Jo. Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and the authority to adjudicate cases of default of the Company against Workers is the authority of the Industrial Relations Court. The District Court does not accept a quo lawsuit because a default dispute is a dispute of rights as referred to in Article 1 point 2 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes.    Keywords: Authority; Judge; Worker; Dispute; default
EFFECTIVENESS OF IMPLEMENTING SANCTIONS BASED ON ARTICLE 38 OF LAW NUMBER 16 OF 2009 FOR TAXPAYERS Napitu, Putri Esta; Naldo, Rony Andre Christian; Pasaribu, Muldri P.J.
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.v12i2.5527

Abstract

Taxes are an important source of revenue for the Government, collected from taxpayers. Income tax is one type of tax collected from taxpayers in the city of Pematang Siantar and Simalungun Regency. Therefore, it is expected that every taxpayer (WP) has legal awareness to fulfill their legal obligations such as filing tax returns. The legal fact is that every year there is a decreasing legal awareness among taxpayers, as they neglect their legal obligations. Given this legal fact, it is necessary to effectively enforce sanctions based on Article 38 of Law Number 16 of 2009. This research discusses the effectiveness of tax sanction enforcement. Accordingly, this research focuses on examining the effectiveness of applying sanctions based on Article 38 of Law Number 16 of 2009 for taxpayers in the city of Pematang Siantar and Simalungun Regency who fail to file tax returns. This research is prescriptive, using normative juridical methods, with using a statutory approach, and a conceptual approach. The type of data used is secondary data. The results of this research conclude that the enforcement of sanctions based on Article 38 of Law Number 16 of 2009 has not been effective yet. This ineffectiveness is related to the application of the ultimum remedium principle. Additionally, there are 6 (six) factors that can influence the effectiveness of applying sanctions based on Article 38 of Law Number 16 of 2009. Key Words: Effectiveness, Sanctions, Taxpayers
TRADITIONAL BALLO/TUAK BEVERAGE AS A PHENOMENON OF ALCOHOLIC DRINKS IN SOCIETY: Analysis of Social Impact and Sharia Maqashid Perspective Amalia, Siti; Arif, Firman Muh.; Kaddase, Thayyib
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.v12i3.5523

Abstract

This research aims to identify the factors driving the residents of Kadong-Kadong Village to consume ballo. Additionally, the study aims to analyze community responses and government policies regarding the phenomenon of ballo consumption in the area using the perspective of Maqashid al-Syariah. The research methodology employed is a qualitative approach or field research with an exploratory nature. Legal, sociological, and normative approaches serve as the analytical foundation. Data collection involves observation, in-depth interviews, and documentary studies. The results indicate that the primary reasons for the residents of Kadong-Kadong Village, Bajo Barat Subdistrict, Luwu Regency, consuming ballo are to alleviate stress and influenced by their environment and social interactions. Community responses to this phenomenon are characterized by concern, and the village government has issued warnings about the dangers of ballo consumption, although there is currently no binding village regulation to address this issue. The phenomenon of ballo consumption in Kadong-Kadong Village is identified as conflicting with the concept of Maqashid al-Syariah, particularly in aspects related to preserving religion, life, intellect, lineage, and wealth. The implications of this research suggest that this phenomenon may jeopardize the well-being of the community, which should be safeguarded by Islamic law for the benefit of both the present and the hereafter.Keywords: Alcohol consumption phenomenon, Ballo/tuak beverage, Maqashid al-Syariah.
THE EFFECTIVENESS OF ELECTRONIC MEDIATION AS A RESOLUTION OF DIVORCE CASES IN THE TANJUNGBALAI RELIGIOUS COURTS Suriani, Suriani; Lubis, Salim Fauzi; Martua, Junindra; Siregar, Siti Hajar; Al Azmi, Chairanda
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.v12i2.5380

Abstract

To achieve peaceful dispute resolution, the Supreme Court has shifted from a court approach to a legal dispute resolution approach by utilizing electronic media in the current modern era in order to carry out the administration of justice in a simple, fast and low cost manner and as an effort to increase access to justice. has issued Supreme Court Regulation (PerMA) number 3 of 2022 concerning electronic mediation in court. The purpose of writing this article is to determine the effectiveness of electronic mediation in resolving divorce cases at the Tanjungbalai Religious Court using empirical methods, namely research carried out directly or field observations. This research model comes from social science to research social problems and phenomena. This research was conducted at the Tanjungbalai Religious Court, North Sumatra Province. The conclusion of this research is that mediation of divorce cases at the Tanjungbalai Religious Court which is carried out electronically is not yet effective because it is not in accordance with the intent of the issuance of the Supreme Court Regulation concerning Mediation Procedures in court which is carried out using electronic media in accordance with PerMA number 3 of 2022. This is influenced by by several factors including internal and external factorsKeywords: Electronic Mediation; Religious courts; Divorce
ENFORCEMENT AND LEGAL SANCTIONS OF SEMARANG CITY LOCAL REGULATION NUMBER 2 OF 2022 REGARDING FOOD SAFETY FOR VENDORS OF ELEMENTARY SCHOOL SNACKS IN SEMARANG CITY Hawa, Nur Imamah; Listyarini, Dyah; Suliantoro, Adi
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.v12i2.5469

Abstract

 Healthy snacks for elementary school students need to meet nutritional standards to support their growth and development. However, many snacks in elementary schools do not comply with the expected cleanliness and nutritional standards. This research explores the implementation and penalties associated with Regional Regulation No. 2 of 2022 in Semarang. The lack of supervision over snacks can have a negative impact on students' health, potentially affecting their future well-being. Although the local government has carried out its duties according to the regulations, the limited awareness of the community and elementary school students regarding the cleanliness and nutritional literacy of snacks remains a challenge. The processing of food and raw materials that are not clean can threaten children's health. Therefore, there is a need for increased understanding and awareness of the importance of cleanliness and nutrition in snacks for elementary school students in accordance with applicable regulations.Keywords: Regional Regulation; Enforcement; Elementary School; Snacks; Sanction.
Regional Expansion of Land Ownership Certificates at the Batu Bara National Land Agency Office Pratiwi, Irda; Nasution, Emmi Rahmiwita; Lubis, Muhammad Salim Fauzi; Rahmadansyah, Arya; Juwita, Juwita
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.v12i3.5532

Abstract

Regional expansion in the Certificate of Ownership Rights is a concrete manifestation of Regional Autonomy. The process of regional expansion of the Certificate of Ownership Rights on land at the National Land Agency Representative Office of Batu Bara Regency is to make a letter of application for the process of regional expansion of the Certificate of Ownership Rights of land which is to be expanded at the Office of the National Land Agency Representative of Batu Bara Regency, then complete the documents. Requirements for the application for the expansion process of the Certificate of Ownership that want to be expanded at the National Land Agency Representative Office of Batu Bara Regency, after the application and requirements are complete, after that the Office of the National Land Agency Representative of Batu Bara Regency can process the application for regional expansion in the Certificate of Ownership Rights on the land applied for. The problem with the Certificate of Ownership Rights for land at the Batu Bara Regency Representative National Land Agency Office is that the position of the land is not in accordance with the existing application system at the Batu Bara Regency Representative National Land Agency Office, so that the Batu Bara Regency Representative National Land Agency Office experiences difficulties in expanding the Certificate of Ownership of land.Keywords: Expansion; Certificate of Ownership; Land.
Settlement Of Divorce Cases Caused By Domestic Violence In The Palembang Religious Court (Ruling Number 280/Pdt.G/2022/Pa.Plg) Pratama, Rendy William Cahya; Zainuddin, Cholidi; Zahri, Saipudin
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.v12i2.5509

Abstract

Marriage is a marriage carried out based on statutory regulations and religious teachings. Every person in this world certainly wants to have a family with the person they love, leave a legacy to continue the family lineage, and continue to protect their religion and country. Everyone dreams of a happy marriage full of love that can only end in death. The test must be done at home, so it must be done at your own pace. The current problem is domestic violence, which leads to deteriorating marital relations and divorce. The research used is empirical and legal research. And it includes the resolution of divorce cases based on domestic violence at the Palembang Religious Court (Decision No. 280/Pdt.G/2022/Pa.Plg). Findings: The process for resolving domestic divorce cases at the Palembang Religious Court is the same as the process for resolving other divorce cases, there are only slight differences. If the form of domestic violence is psychological, the evidence provided is in the form of a doctor's certificate, but in cases of physical violence, the evidence provided is not only in writing but must also be through statements from witnesses and victims. The process of resolving cases in court must use a trial agenda: reading of the complaint, mediation, answers and answers, evidence, conclusions, deliberation by the panel, and then reading of the verdict.Keywords: domestic violence; case resolution; Palembang Religious Court.
LAW ENFORCEMENT AND SANCTIONS AGAINST MOTORCYCLE RIDERS WHO DO NOT TURN ON THEIR LIGHTS DURING THE DAY IN SEMARANG CITY BASED ON LAW NUMBER 22 OF 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION Hardiansyah, Rully Buyung; Listyarini, Dyah; Suliantoro, Adi
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.v12i2.5470

Abstract

The safety of motorcyclists on the road is crucial and needs to be prioritized to maintain order and compliance with legal regulations, especially the Traffic Law and Road Transportation Law. Considering this context, the author is interested in selecting a title related to Law Number 22 of 2009 Article 107 concerning traffic and road transportation, focusing on law enforcement and penalties for motorcyclists who do not use headlights during daylight hours in the city of Semarang. This research examines the issues of law enforcement and penalties for motorcyclists who do not turn on their headlights during the day. The methodology employed in this study is qualitative with descriptive analysis. The research findings indicate that traffic officers in the city of Semarang have enforced the law in accordance with the applicable regulations for motorcyclists who do not use headlights. The penalties imposed align with the provisions of Article 107 paragraph 2, which include a maximum imprisonment of 15 days or a fine of up to "One Hundred Thousand Rupiah." Therefore, it is essential for motorcyclists to adhere to the rules to create order and ensure safety on the roads. Keywords: Law enforcement; Penalty; Motorcycle; Light; Traffic
NOTARY'S LIABILITY FOR TYPICAL ERRORS IN THE COPY OF THE DEED THAT HAS BEEN ISSUED Astrawinata, Anthony; Andrea, Gerwyn; Mas, Rahmaniar Novita; Kusuma, Vindy
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.v12i3.5614

Abstract

Notaries have a very important role in making authentic deeds that have permanent legal force. Authentic deeds made by notaries are made based on requests from parties who have interests. In making an authentic deed, a notary must apply the principle of caution. Typical errors made by the notary can result in the deed being drawn up. Errors that can occur in a deed are insubstantial errors and substantial errors. The case at issue is a deed that has been read in front of the presenters and has been signed by the presenters. A copy of the deed has been issued and given to the presenters, but it turns out there is an error in the minutes of the deed. The problem is what the notary's efforts are to correct errors in the deed whose copy has been issued to the presenters and what is the notary's responsibility where the consequences of the minute deed are errors due to his negligence and a copy is issued to the presenters. The research method used is normative research, which is carried out by examining library materials. Efforts that can be made by the Notary are to issue a copy of the correct deed and make an official report stating that the incorrect copy of the deed has been justified, which will become the Notary's archive. Minutes are issued if the copy has been given to a third party. In this case, the applicant can sue the notary for compensation. Notaries may be subject to civil sanctions and administrative sanctions.Keywords: Notary, Accountability, Copy of Deed

Page 20 of 35 | Total Record : 348

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