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INDONESIA
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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IMPLEMENTATION OF THE JUDGE'S DETERMINATION REGARDING MARRIAGE DISPENSATION BASED ON MARRIAGE LAW IN INDONESIA Siregar, SH, MH, Risdalina; Kumalasari M, Indra; 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.v12i3.6227

Abstract

This type of research is Empirical Juridical research. namely a research method that implements normative legal provisions (laws) and is described in facts in the field. The results of the research show that the Rantauprapat Religious Court Judge's consideration in granting or rejecting a request for marriage dispensation is based on the evidence submitted by the applicant. However, if the evidence submitted is complete and the reasons are urgent, the judge will grant the request for a marriage dispensation and then the applicant takes the marriage dispensation decision to the local Religious Affairs Office (KUA) to carry out the marriage. The results of this research show that the factors and basis for the judge's considerations behind the request for marriage dispensation are that it is urgent because the woman was already pregnant before legally marrying, as stated in article 7 paragraph 2 of Law No. 16 of 2019, and the administrative requirements marriage or other documents explaining the identity and educational status of the child and the identity of the parents/guardians (Article 5 paragraph (2) Perma No. 5 of 2019);Keywords: Determination; Judge; Dispensation, Marriage
Deciphering Smart Contracts, Legal Challenges, and Opportunities in Implementing Blockchain in the Property Sector in Indonesia Setiawan, Robby; Hidayat, Anwar; Abas, Muhamad
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.v12i4.5743

Abstract

This research investigates the implementation of smart contracts in the Indonesian property sector, examining the legal opportunities and challenges involved. Blockchain technology offers high transparency, efficiency, and security in property transactions, but faces regulatory and infrastructural hurdles. The aim of this research is to explore the related legal dynamics, identify socio-economic impacts, and offer sustainable solutions. The research method employed is a qualitative legal approach to gather and analyze data. The findings indicate that although blockchain can expedite transaction processes and enhance transparency, the legal validity of smart contracts and consumer protection remain major issues. Regulatory updates and increased awareness of data security are necessary to optimize the adoption of this technology in Indonesia.Keywords: Blockchain., Property law., Regulation., Smart contracts., Transparency
LEGAL PROTECTION FOR FOREIGN WORKERS IN THE CASE OF UNILATERAL TERMINATION OF EMPLOYMENT BEFORE THE END OF THE EMPLOYMENT PERIOD Lubis, Desi Lestari; Abas, Muhamad; Rahmatiar, Yuniar; Targana, Tatang
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.v12i4.5691

Abstract

The state holds constitutional responsibility in the field of labor by providing legal protection to ensure legal certainty for individuals involved, particularly in the context of employing foreign labor. However, such protection applies only to foreign workers who meet the legal standing requirements in Indonesia. This research addresses the case of unilateral termination of employment against Stephane Baudoin by PT Origin Resort Lombok. Utilizing a normative juridical method, the findings indicate Baudoin's entitlement to legal recourse due to fulfilling the criteria of legal standing in labor matters. The appellate decision of the Supreme Court confirms PT Origin Resort Lombok's violation of the Job Creation Law. This study aims to contribute to the literature on the protection of foreign workers, focusing on industrial relations disputes and legal safeguards. Keywords: Foreign Workers, Industrial Relations Disputes, Legal Protection
IMPLEMENTATION OF SOCIAL AND ENVIRONMENTAL RESPONSIBILITY INDIVIDUAL COMPANY Azzahra, Nabila; Soroinda, Disriani Latifah
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.v12i3.5610

Abstract

Individual companies exist because of the issuance of Law Number 11 of 2020 concerning Job Creation. The regulations added to the Limited Liability Company Law mean that all provisions contained therein also apply to individual companies as long as there are no special or excluded regulations, including regarding social and environmental responsibility. The problem arises regarding whether the scope of social and environmental responsibility also covers individual companies, which causes individual companies to be obliged to carry out social and environmental responsibilities and what kind of individual companies are obliged to do so. The research method used is a doctrinal method, through an approach to statutory regulations and concepts in law. The results obtained in this research show that individual companies are obliged to carry out social and environmental responsibilities as long as they meet the existing criteria and provisions. Apart from providing benefits to local people and communities, there are also benefits that companies obtain from carrying out social and environmental responsibilities, thus enabling individual companies to also have the urgency to get involved voluntarily. Considering the differences between Limited Liability Companies and Individual Companies, more specific regulations are needed regarding the implementation and supervision of the implementation of Social and Environmental Responsibility.Keywords: Social; environmental; responsibility; individual companies
CORPORATE CRIMINAL LIABILITY CAUSED BY TENDER CONSPIRACY FOR GOODS/SERVICE PROCUREMENT THAT LEADS TO CORRUPTION Tanjung, Ahmad Feri; Sianturi, Ronald Hasudungan; Naldo, Rony Andre Christian
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.v12i4.6547

Abstract

Tender conspiracy in goods/services procurement activities is prohibited. The legal fact is that in the procurement of goods/ services activities, there was a tender conspiracy which resulted in a criminal act of corruption. This research discusses tender conspiracies by corporations in goods/services procurement activities that lead to corruption. In this regard, this research is focused on examining corporate criminal liability due to tender conspiracies in goods/services procurement activities, which lead to criminal acts of corruption. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that corporate criminal liability due to a tender conspiracy in the procurement of goods/services, which resulted in a criminal act of corruption, is that the corporation is subject to criminal liability with sanctions in the form of paying criminal fines, paying replacement money, and revoking the right to participate in government project auctions for 6 (six) months.Key Words: Corporations, Conspiracies, Corruption.
CRIMINAL RESPONSIBILITY PERSECUTION OF PERPETRATORS OF MOTOR VEHICLE THEFT Anggalana, Anggalana; Ainita, Okta; Muhammad, Balgis
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.v12i3.5548

Abstract

This research explores the accountability of criminal acts of assault against motor vehicle theft offenders (Curanmor). Using both normative legal and empirical approaches, the study reveals that the causes of assault are linked to emotions, particularly after motor vehicle theft incidents. The factors contributing to criminality are categorized as internal and external. Criminological analysis indicates the roles of emotions, age, misunderstandings, and the surrounding environment in assault cases. The verdict from the Mount Sugih District Court reflects legal considerations based on the Theory of Criminal Responsibility. The judge recommends a heavier prison sentence and a larger fine as a repressive measure to deter future offenses. The government is advised to raise public awareness through legal education to prevent acts of assault. Keywords: Responsibility; Theft; Motor Vehicles
LEGAL PROTECTION AGAINST THE SALE AND PURCHASE OF LAND UNDER HANDS BASED ON LAW NUMBER 5 OF 1960 CONCERNING BASIC REGULATIONS ON AGRARIAN PRINCIPLES (Study Decision Number:46/Pdt.G/2021/PN Gsk) Yudda Ramadhan, Khelvin; 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.v12i4.5744

Abstract

In accordance with Article 19 of Law No. 5/1960 on the Basic Regulation of Agrarian Principles, the government is also responsible for providing legal certainty in the process of land registration throughout Indonesia in accordance with the regulations stipulated by Government Regulations. It is clear that the buyer in buying and selling land under the hand is entitled to legal protection and can reverse the name of the land certificate that has been purchased, of course, the actions of the heirs in this case are clearly in bad faith because they do not want to split the land certificate whose land has been sold to others.This scientific research uses qualitative research methods in normative juridical. The author uses a normative juridical strategy in this approach. From the results of the research that has been discussed, it can be concluded that the buyer in this case is declared entitled to legal protection, because in the sale and purchase agreement between the buyer and the seller legally and consciously carry out an agreement to sell land. And the actions of the heirs in this case do not want to break the land certificate and change the name of course this can harm the buyer. Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles mandates the public to carry out the land registration process with the aim of providing a guarantee of legal certainty in the sale and purchase transactions of land rights.Keywords: Legal protection, Land sale and purchase, Legal certainty
CENTRALIZED MANAGEMENT OF FIDUCIARY DEED MAKING AND REGISTRATION BY ABC & PARTNERS (ABC-P) LAW FIRM (FIDUCIARY CENTRALIZATION) Pratama, Rayhan Arif Hadi; Tobing, David Maruhum Lumban
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.v12i4.5705

Abstract

A notary who works under a Fiduciary Guarantee Deed which is made centrally will be suspected and indicated of committing a violation, which will have legal consequences and affect the evidentiary strength of the deed. This research focuses on the centralized legal impact of making a Fiduciary Guarantee Deed, the legal impact of registering a Fiduciary Guarantee Deed made by a notary that is registered by a notary, and how to overcome this legal impact. This research uses normative juridical law. The research results show that because the Fiduciary Guarantee Deed is made in a centralized manner, violations of the Notary Position Law, Fiduciary Guarantee Law, Notary Code of Ethics, and INI DKP No. 1 of 2017 can cause the Fiduciary Guarantee Deed to be degraded into a private deed or null and void by law. Every Fiduciary Certified Guarantee issued from the registration of a Fiduciary Guarantee Deed carried out by a Notary must be declared legally void. The Ministry of Law and Human Rights handles the creation of Fiduciary Guarantee Deeds centrally by encouraging non-bank financial institutions to use notary services in the regions. There are no Financial Services Authority regulations that prohibit fiduciary centralization. The Central Notary Supervisory Council is responsible for making fiduciary guarantee deeds by carrying out inspections, coaching notaries through advice, consultation and outreach so that they do not make deeds that exceed the reasonable limits of deeds that indicate suspected violations. The Central Council of Notaries is also responsible for supervising the drafting and drafting of Ministerial Regulations together with the Minister of Law and Human Rights. Keywords: Centralization; Fiduciary Guarantee Deed; Online registration
ANALYSIS OF THE DECISION OF THE STATE ADMINISTRATIVE COURT IN DECISION NUMBER: 214/G/2022/PTUN.PLG ON THE DISPUTE OF KONI MANAGEMENT OF MUSI BANYUASIN REGENCY Febriani, Novia; Suatmiati, Sri; Kasra, Helwan
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.v12i3.5615

Abstract

This research aims to analyze the analytical factors of the decision of the state administrative court in decision Number: 214/G/2022/PTUN.PLG regarding the dispute between Koni administrators of Musi Banyuasin district, and find out what the judge took into consideration regarding the decision letter of the general chairman of KONI of Sumatra Province South Number: 189 Year Number: 214/G/2022/PTUN.PLG. The method used in this research is descriptive normative legal research.Based on the results of the research, the panel of judges is of the opinion that the main issue in this case is the Plaintiff's demand to declare the object of the dispute null or invalid. Pay close attention to the object of the dispute which meets the elements of a state administration decision or government administration decision, because it is a written determination in the form of a decision made. issued by the defendant, namely KONI of South Sumatra Province, which contains state administrative legal action in the form of confirming the personnel composition of the protective board. The judge's basic consideration is that the a quo dispute is a sports dispute, where sports disputes are regulated in the Law on Sports. Keywords : Court Decision, Dispute, Koni Musi Banyuasin Regency
LIABILITY OF EMPLOYEES CORRUPTION ERADICATION COMMISSION CAUSE EMBEZZLEMENT OF EVIDENCE Sianturi, Ronald Hasudungan; Tanjung, Ahmad Feri; Naldo, Rony Andre Christian
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.v12i4.6359

Abstract

In carrying out law enforcement against suspected perpetrators of criminal acts of corruption, the CEC has the right to confiscate evidence. Regarding the evidence that has been confiscated, it is hoped that CEC employees will carry out their dutys to store the evidence. The legal fact is that one of the CEC employees embezzled evidence. This research discusses the duty of CEC employees to store confiscated evidence. In this regard, this research is focused on examining the liability of individual CEC employees for embezzling evidence. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that according to the code of ethics, the responsibility of individual CEC employees for embezzling evidence is dishonorable dismissal. In terms of Criminal Law, the liability of individual CEC employees for embezzling evidence can be subject to a basic crime with a maximum threat based on the provisions of Article 374 of the Criminal Code, which is accompanied by additional penalties.Key Words: Employees, Embezzlement, Evidence.

Page 22 of 35 | Total Record : 348

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