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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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FOREIGN INVESTMENT: CONVENIENCE ADN LEGAL PROTECTION FOR INVERSTOR Novendra, Fakhri Muhammad
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.v12i1.4835

Abstract

President Joko Widodo's administration has made every effort to increase the value of foreign direct investment, data of foreign direct investment’s growth has also shown a significant increase, but has foreign direct investment that is predicted to be able to become the backbone of Indonesia in breaking away from becoming a developing country has been properly accommodated? Foreign direct investment requires legal certainty which will spread to all parts of the foreign direct investment process. Therefore, legal certainty is one of the main factors for a country to attract foreign direct investment capital into the a country. There is a need for broader and comprehensive legal certainty to ensure that foreign investors can be guaranteed from a legal perspective to do business and build Indonesia together. Not only legal certainty in the investment sector, but also other domestic legal certainty related to the investment climate, one of the most important is environmental law relating to sustainable development. This article will discuss the basics of foreign direct investment, the importance of foreign direct investment, factors attracting foreign direct investment, President Joko Widodo's new policies and regulations on foreign direct investment, current data of the realization of foreign direct investment and investor’s consideration to ensure themselves and their initial funds of their investment is safe as long as they invest in Indonesia. Keywords:  Foreign Direct Investment, economy policies, legal certainty
LEGAL PROTECTION FOR CERTAIN TIME WORK AGREEMENT (PKWT) WORKERS WHO EXPERIENCE WORK ACCIDENTS Ardini, Tsabitah Siska; Sulistyo, Al Qodar Purwo
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.v12i2.5553

Abstract

Workers experience work accidents are protected by the state. Several legal protections regulate the protection of workers who experience work accidents. The research method that I use is the normative legal research method, namely research carried out by studying and reviewing material that discusses a legal issue. Normative juridical research method through a statutory approach. Law Number 13 of 2003 concerning Employment which regulates workers who experience work accidents. Law Number 24 of 2011 concerning the Social Security Administering Body. My aim in writing this journal is so that workers can more easily find out about the protection that workers receive. All workers with Certain Time Work Agreement (PKWT), permanent, casual daily workers, and outsourced workers should receive equal social, technical, economic, repressive, and preventive protection measures for workers affected by work accidents not registered with the Social Security Administrator (BPJS) program.Key words: work accidents; workers; employer; Employment agreement
THE ROLE OF PRISON OFFICERS IN LAW ENFORCEMENT AND THE ENFORCEMENT OF THE MINISTRY OF LAW AND HUMAN RIGHTS REGULATION NUMBER 6 OF 2013, AND ITS OBSTACLES IN COMBATING DRUG TRAFFICKING IN CLASS IA CORRECTIONAL INSTITUTIONS IN SEMARANG Pambudi, Satrio Rilo; 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.v12i2.5478

Abstract

Drug abuse within prisons is not only considered a serious disciplinary violation but is also regulated by Article 9 Paragraph (4) of the Ministerial Regulation Number 6 of 2013 regarding the Code of Conduct for Correctional Institutions and State Detention Houses. Prison officers (Sipir) are expected to carry out their duties effectively, particularly in maintaining discipline among inmates and preventing drug smuggling. The research problem formulation involves three main aspects: the role of prison officers in implementing the regulations of the Ministry of Law and Human Rights Number 6 of 2013 in Class IA Semarang Prison, the sanctions imposed for drug smuggling violations in the Correctional Institution, and the obstacles faced by prison officers in law enforcement related to drug smuggling in Class IA Semarang Prison. A Juridical Sociological research method is employed to gain empirical legal knowledge through direct field research. The research results indicate that the role of prison officers, in accordance with the Ministry of Law and Human Rights Regulation Number 29 of 2017, has been carried out effectively. Sanctions for drug smuggling violations within the correctional institution include visitation restrictions, inability to apply for remission, parole, and conditional release, as well as assimilation for 9 months with placement in a strapped cell. However, the obstacles faced by prison officers are not only internal, involving fellow staff or correctional officers, but also stem from visits that do not adhere to regulations. This highlights the necessity for the involvement of internal institutional collaboration and cooperation with external parties to achieve full effectiveness in combating drug smuggling in the prison. Keywords: Correctional Institution; Drugs; Prison Officer
THE INFLUENCE OF CAPTURE FISHERIES ZONES AFTER THE EXISTENCE OF LAW NO. 23 OF 2014 (STUDY AT ASAHAN DISTRICT FISHERIES SERVICE) Siregar, Emiel Salim; Tanjung, Indra Perdana
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.v12i3.5547

Abstract

ABSTRACTA capture fisheries zone is a sea area designated for special management and regulation to protect and maintain the fisheries resources within it. This concept includes strategies to limit fishing activities, implement sustainable fishing technology, and empower local communities to be involved in fisheries resource management. The influence of the capture fisheries zone in Asahan following Law No. 23 of 2014 in which the Asahan district fisheries service provides guidance, provides assistance to fishermen and socializes the capture fisheries zone twice a year to always remind the people of Asahan district about capture fisheries. These obstacles such as overfishing, illegal fishing, climate change and others require strong commitment and cooperation between regional governments, central government, local communities and other stakeholders. Counseling, active community involvement, increasing local capacity, as well as good and sustainable implementation of policies and regulations are the keys to overcoming these obstacles.Keywords:  Zone, Fisheries, Catch, Asahan Regency
POLICY ANALYSIS FOR HANDLING CRIMINAL OFFENSES IN THE FIELD OF CUSTOMS IN TERMS OF SMUGGLING OF SHARK FIN EXPORTED GOODS BY THE DIRECTORATE GENERAL OF CUSTOMS AND EXCISE Leimena, Brian William
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.v12i1.4447

Abstract

The existence of the Customs Law, has regulated provisions regarding entering goods into the customs area including criminal sanctions attached to customs crimes, but cannot discourage smuggling actors (entering goods into the customs area illegally). When viewed from a legal perspective, perpetrators of smuggling can carry out various types of smuggling and their modus operandi is from smuggling which can fall into the category of material or immaterial losses. Meanwhile, recently the author has found that there are cases of shark fin smuggling which are being handled by the Tanjung Perak Medium Type Customs and Excise Supervision and Service Office. The research method uses a Normative Juridical approach, in nature, this research is categorized as descriptive research without intending to test hypotheses or theories, but is an activity of analyzing and classifying or systematizing legal materials. The crime of smuggling in Indonesia is influenced by several factors that are causally related. The factors that encourage the crime of smuggling are: Presidential Instruction Regulation (INPRES) Number 4 of 1985 concerning Policy on Smooth Flow of Goods to Support Economic Activities. Communities in efforts to combat smuggling crimes often feel a lack of participation. Exporters are lazy to submit them on the grounds that the permit levels are very long. Law Enforcement in the Criminal Act of Smuggling in the export sector is regulated by regulation in the criminal provisions of the Customs Law Article 102A stipulates an act that is considered as smuggling or that can be categorized as a criminal act of smuggling if it fulfills the following elements, namely: There is an act against the law. Transporting export goods that are not listed in the manifest. Loading or transporting export goods from inside the customs area to outside the customs area or other places without permission from the head of the customs office; Unloading export goods in the customs area without permission from the head of the customs office; or transporting exported goods without being protected by valid documents. Keywords: Export; Customs; Smuggling; Shark fin; Criminal act
CHILDFREE IN THE PERSPECTIVE OF ISLAMIC LAW (CHILDFREE DALAM PERSPEKTIF HUKUM ISLAM) Dita, Dita; Takdir, Takdir; Rahmawati, Rahmawati
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.v12i3.5522

Abstract

This research analyzes the perspectives of married couples on childfree choices, explores the factors influencing the decision to be childfree, and investigates the Islamic perspective on this matter. Employing a literature review method with a normative approach, the study references Islamic legal norms through primary sources such as journals, articles, and books related to childfree. The findings indicate that the decision to be childfree is typically a joint one made by spouses. Women often express a desire for childfree living, feeling burdened by pregnancy, and believing that without children, they can maintain a youthful appearance and focus on their careers without the responsibilities of parenthood. Economic, mental, cultural, environmental, and concerns about overpopulation are identified as primary reasons behind this decision. From an Islamic perspective, although there is no direct prohibition in the Quran regarding childfree choices, the decision is considered contrary to the marital goal of procreation. Consequently, within the religious context, intentionally childless couples are deemed to violate the principles of marriage in Islam. This research provides insights into the dynamics of childfree decisions among married couples, encompassing economic, psychological, and cultural aspects, while highlighting the religious perspective that influences attitudes toward childfree choices.Keywords: Childfree, Marriage, Islamic Law.
THE ROLE OF THE KARAWANG GOVERNMENT IN ADDRESSING ENVIRONMENTAL POLLUTION (AIR POLLUTION) CAUSED BY COMPANIES IN THE KARAWANG AREA Priyatna, Harariawan; Rahmatiar, Yuniar; Sanjaya, Suyono
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.5742

Abstract

Environmental pollution, especially air pollution, has become a serious problem in many countries including Indonesia. Industrial cities such as Karawang City have a big challenge in overcoming air pollution problems, which are mostly caused by the industrial sector and motorized vehicles. This research aims to find out what the Karawang government should do to overcome the pollution produced by factories in Karawang City and how effective the Karawang Regency Regional Regulation Number 14 of 2012 concerning Environmental Protection and Management is. In 2023, Karawang experienced very high levels of air pollution until the air quality index value reached 178. The impact of this was that many people were affected by ARI, even the smoke produced by factories in Karawang had an impact on Jakarta and surrounding areas. To address this air pollution problem, the Karawang government has a major role in accordance with the local regulation (Perda) on Environmental Protection and Management, that the government is responsible for establishing effective regulatory policies, taking firm action against business owners whose factories do not comply with government regulations, and supervising factories that have the potential to pollute the air. Although there are local regulations that deal with air pollution problems, in reality these regulations are not fully effective, because there are still many factories that do not comply with the rules and the sanctions given are not burdensome and provide a deterrent effect, so the government needs to evaluate the regional regulation in dealing with air pollution problems in Karawang City.Keywords: air pollution; government; industrial area
Responsibilities of a Substitute Notary Due to His Negligence in Making a Deed Without Applying the Precautionary Principle Hutabarat, Nathania Earlene Rosaria
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.5686

Abstract

A notary is an official who has the authority to make authentic deeds and has other authorities as mentioned in article 1 number 1 UUJNP. This authentic deed made by a notary serves as evidence. However, in practice, negligence can occur in notaries and substitute notaries in carrying out their duties, resulting in the authentic deed being made losing its validity or becoming legally void and invalid. The purpose of this research is to understand the responsibilities of notaries in making deeds. This research uses doctrinal research methods. From the research results, it can be concluded that the substitute Notary will remain responsible for every deed he or she makes if the notary's leave has ended and the protocol has been handed back to the replaced notary. Negligence in making a deed which was only discovered after some time due to a typographical error in a deed which did not comply with the wishes of the related parties caused by the notary: a If it is proven that there is no subjective element at all in the deed, then the deed can be cancelled. b. If it is proven that it does not contain objective requirements, the deed can be considered legally void. c. The notarial deed becomes invalid, so it cannot be used as perfect evidence. Keywords: Notary, responsibility, prudence
MEDIATION AS AN EFFORT TO SETTLE INHERITANCE DISPUTES FROM THE LEGAL OBJECTIVE THEORY PERSPECTIVE (Study of Supreme Court Regulation Number 1 of 2016) Putra, Ido Gustiawan; Rato, Dominikus; Susanti, Dyah Ochtorina
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.v12i3.5608

Abstract

This article analyzes Mediation in Supreme Court Regulation (PERMA) Number 1of 2016 as an effort by the Religious Court to resolve inheritance disputes from the perspective of legal purpose theory. The theory of legal purpose is used to see the content of legal certainty, justice, and benefit in PERMA Number 1 of 2016 which is the legal basis for Mediation of inheritance disputes. This research is a yuridical normative research of the library research type. The results of this study indicate that Mediation regulated by PERMA Number 1 of 2016 contains legal objectives in the form of certainty, justice, and legal benefits, so that Mediation must be implemented by the court as the first way to resolve inheritance disputes. Keywords: Mediation; PERMA Number 1 of 2016, Inheritance Dispute, Legal Objective Theory
WANPRESTATIONS IN MUSLIM CLOTHING SALE AND PURCHASE AGREEMENTS ARE LINKED TO AGREEMENT LAW AND TASIKMALAYA STATE COURT RULING NUMBER 28/Pdt.G/2021/PN Tsm Fatah, Fahmi Ilyas
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6054

Abstract

The agreement is a law for the parties who make it. If the agreement is not implemented, then a breach of contract occurs. The author examines defaults in sales and purchase agreements for Muslim clothing with the aim of finding out and analyzing defaults in sales and purchase agreements in terms of contract law. Apart from that, to find out and analyze the decision of the Tasikmalaya District Court regarding default in the sale and purchase agreement for Muslim clothing. This research is descriptive in nature. This type of research is normative legal research. The approach methods used are the regulatory approach and the case approach. Data was obtained through document study and analysis using qualitative normative methods. It’s implementation there was a default by Andri Kristian as the buyer (Defendant), namely only paying the price of Muslim clothing and a loan of IDR. 1,000,000,-, while the remaining purchase and loan price is IDR. 751,760,000,- not paid. Andri Kristian committed a breach of contract in the form of fulfilling his achievements, but not as he should. The Tasikmalaya District Court's decision regarding breach of contract in the sale and purchase agreement for Muslim clothing, among other things, in the main case: granted the Plaintiff's claim in part; stated that the transaction was valid by law in the form of a receipt for the Defendant's goods from the Plaintiff amounting to a total of IDR. 447,000,000,-; stated that it was legal for the Defendant to send the loan money from the Plaintiff amounting to IDR. 305,760,000,-; stated that the receipt for the payment of the Defendant's debt to the Plaintiff was valid by law in the amount of IDR. 1,000,000,-; declare as legally valid the letter signed by the Defendant and Plaintiff on January 13 2020; stated that the Defendant had broken his promise (default) to the Plaintiff; punished the Defendant to pay the remaining debt/remaining obligation to pay the Plaintiff amounting to IDR. 751,760,000,-; reject the Plaintiff's claim for other than that; and sentenced the Defendant to pay court costs of IDR. 1,190,000,-. Keywords: Agreement; Breach of Contract; Buy and Sell; Borrowings

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