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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 Consequences for Parties Bound by Employment Agreements That Are Not in Accordance with Company Regulations At PT Banyuasin Nusantara Sejahtera Hakikie, Ananda; Emirzon, Joni; Latif Mahfuz, Abdul
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.v12i3.5550

Abstract

Work agreements in a company must comply with company regulations but company regulations come into effect after being ratified by the Minister of Manpower or an appointed official. The formulation of the problem in this study is 1) What are the legal consequences for parties bound in a work agreement that are not in accordance with Company Regulations at PT Banyuasin Nusantara Sejahtera?; and 2) What is the legal settlement if a dispute arises due to a work agreement that is not in accordance with Company Regulations at PT Banyuasin Nusantara Sejahtera? The research method used is normative juridical research method. The data used in this research is secondary data. Based on the results of the study, it shows that 1) The legal consequences for parties bound by a work agreement that are not in accordance with Company Regulations at PT Banyuasin Nusantara Sejahtera are null and void by law and apply according to the provisions stipulated by. Legislation because the contents of the work agreement must not conflict with applicable company regulations and if there are conflicting provisions; and 2) Legal settlement if a dispute occurs due to a work agreement that is not in accordance with Company Regulations at PT Banyuasin Nusantara Sejahtera, namely Mediation, Conciliation and Arbitration
REFORMULATION OF REGULATIONS ON STRUCTURED, SYSTEMATIC, AND MASSIVE CRIMES IN ELECTION DISPUTE RESOLUTION Amin, Fakhry
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.v12i4.5765

Abstract

Election result disputes often lead to structured, systematic, and massive (TSM) crimes that harm democracy and the nation. The regulations concerning TSM crimes in the Election Law are considered weak, necessitating reformulation to more effectively prevent and eradicate such practices. This research aims to identify the weaknesses in the regulation of TSM crimes in election result disputes and to formulate appropriate regulations to combat these practices. The study employs a normative legal method with statutory and conceptual approaches to examine the regulation of TSM crimes in election result disputes. The legal materials consist of legislation and academic literature, analyzed qualitatively normatively. The research findings indicate that the main weaknesses in the current TSM regulations are the unclear definitions and the insufficient criminal sanctions that fail to deter. The proposed reformulation includes providing an operational definition of TSM, increasing minimum sanctions, expanding the subjects of criminal acts to include corporations, regulating the concurrence of articles, expanding the authority of investigators, and enhancing inter-institutional cooperation. With these reforms, it is expected that TSM practices in elections can be more effectively prevented and eradicated. Keywords: Structured, Systematic, Massive, Election, Crime, Sanctions, Regulation.
LEGAL CONSEQUENCES OF DIFFERENCES IN LIMITED LIABILITY COMPANY DATA IN NOTARIAL DEEDS AND COMPANY REGISTERS Hafiza, Muhammand Adam
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.v12i4.5726

Abstract

Notaries have an important role in a limited liability company because they are notaries is an official who has the authority to make deeds in a Limited Liability Company at the same time is the sole proxy of the prospective founder or the proxy of the Company's directors in the process ratification of legal entities, approval of changes to the articles of association and also notification changes to the articles of association and/or Limited Liability Company data as well as information notifications others electronically on the Legal Entity Administration System (SABH). organized by the Directorate General of General Legal Administration (Ditjen AHU) on Ministry of Law and Human Rights of the Republic of Indonesia. In practice, It is possible that company data contained in the Company Register at SABH is available differences in data with notarial deeds. This can happen due to inaccuracy notary when filling in company data at SABH and not carefully checking suitability of a company's data in notarial deeds and company register. As is Differences in company data can give rise to legal disputes and significant losses arise later if the company's data is not corrected, which will be experienced by the founders, shareholders of Limited Liability Companies and notaries. From these Legal issues arise regarding the Validity of Company Data in the event that there are differences between Notarial Deed and Company Register and regarding Liability for Differences Company Data in Notarial Deed and Company Register. This research is research normative law, using a statutory approach, and a conceptual approach.Keywords: Company Register; Deed; Legal Administration System; Limited Liability Company; Notary
CRIMINOLOGICAL REVIEW OF DRUG ABUSE IN THE JURISDICTION OF SALATIGA POLICE RESORT Rosanti, Devian Tria; Megawati, Wenny
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.v12i3.5932

Abstract

Salatiga, a small city in Indonesia with a population of 177,088, has witnessed a concerning rise in narcotics-related cases from 2019 to 2023. With 29 cases solved and 37 under investigation in 2023, this study delves into the factors driving narcotics abuse and the Salatiga Police Department's countermeasures. Employing a socio-legal approach, the study incorporates Sutherland's Differential Association Theory and Social Control Theory to gain insights. The study identifies factors such as family disharmony, socioeconomic instability, and inadequate education as contributing to narcotics abuse. The lack of social control, as emphasized by Social Control Theory, further exacerbates the situation. The Salatiga Police Department has implemented various preventive and enforcement measures, including school-based education programs, patrols in high-risk areas, and raids on entertainment venues. Addressing this issue comprehensively requires a holistic approach that integrates education, social support, and rehabilitation. The Salatiga Police Department's commitment to law enforcement and community protection through these strategies is commendable.Keywords: Law Enforcement, Narcotics Abuse, Social Control Theory
IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 19 OF 2022 CONCERNING TASK OF ASSISTANCE TO CONTRIBUTION TO VILLAGE GOVERNMENT SUKADAME IN CARRYING OUT THE VOTING PROPERTY TAX Simangunsong, Tanaya Anas Tasya; Anjar, Agus; Jannah, Maya
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.v12i4.6388

Abstract

The aim of this research is to describe the implementation of Government Regulation Number 19 of 2022 concerning assistance tasks in the Suka Dame Village Government, Silangkitang District in terms of collecting Land and Building Tax (PBB). The lack of progress at the regional level regarding the implementation of PP Number 19 of 2022 indicates that assistance tasks at the village level have not gone as expected. The assistance task is a mandate from the Central Government to the Regions to carry out according to what has been mandated in the law. The problem obtained in this research is whether the Suka Dame Village Government has implemented Government Regulation Number 19 of 2022 properly in terms of collecting Land and Building Tax. In order to find answers to the problem formulation, the researcher carried out a research method using a qualitative approach using research instruments of observation, interviews and documentation by appointing 4 key informants. The results of the research show that some people are less active in carrying out their obligations as citizens, out of a total population of 2923 people, 1806 people actively pay land and building tax. This gives an indication that the assistance tasks as stated in PP Number 19 of 2022 in Suka Dame Village have not gone well.Keywords: Implementation, Assistance Duties, Village Government, land and building taxes
THE ROLE AND OBSTACLES OF LOCAL GOVERNMENTS IN IMPLEMENTING INFRASTRUCTURE, FACILITIES AND PUBLIC WORKS OF HOUSING AND RESIDENTIAL AREAS IN THE OGAN KOMERING ILIR AREA Fitryanti, Try; Salia, Erli; Tanzili, Mulyadi
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.v12i3.5551

Abstract

Everyone has the right to physical and spiritual well-being, a place to live, and a good and healthy living environment. In Indonesia, this is regulated in the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution of the Republic of Indonesia) and regulated in Article 28 Paragraph H (1) of the 1945 Constitution of the Republic of Indonesia. In this research, the approach used is normative juridical or doctrinal , legal research carried out by examining library materials or secondary data as basic material for research by conducting searches on regulations related to the issues discussed. Then the problem that is analyzed and studied is the role and obstacles of the regional government in implementing infrastructure, facilities and public works for housing and residential areas in the Organ Komering Ilir area. Results: In managing infrastructure, facilities and public services in Ogan Komering Ilir Regency, the role of local government is very important. The Ogan Komering Ilir Regent's government, through the Public Housing and Settlement Service, is tasked with implementing infrastructure, facilities and public services to support the function of settlements to ensure the welfare and comfort of the people who live in Ogan Komering Ilir Regency. Then there are challenges and obstacles in the process of transferring public infrastructure and facilities from the developer to the Ogan Komering Ilir Regent Government. Although existing, sustainable and reliable management must be maintained to ensure sustainability, challenges and obstacles still remain in the provision of public infrastructure and facilities. Budget and human resources in managing housing infrastructure, equipment and public services are limited. This can affect the quality and quantity of services provided by local governments. To overcome these obstacles, planned and coordinated efforts are needed from local governments, real estate developers and local communities..Keywords: role; obstacl; facilities; housing public works; residential area.
RESPONSIBILITY OF LAND DEED MAKING OFFICER FOR SALE AND PURCHASE DEED BASED ON POWER OF ATTORNEY TO SELL LAND THAT VIOLATES RULES (Sengketi District Court Decision Number 15/Pdt.G/2021/PN Snt) Primanto, Muhammad Abimukti
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.v12i4.5789

Abstract

The Land Deed Making Office (PPAT) is a public official responsible for creating authentic land deeds. In carrying out their duties, they also assist in land registration activities and the transfer of land rights. One way to transfer land rights is by creating a power of attorney to sell land based on Article 1792 of the Civil Code. The research method used is a doctrinal research type, which is descriptive and analyzed qualitatively. In the case of the district court ruling Sengeti Number 15/Pdt.G/2021/PN Snt, there was bad faith on the part of the buyer in fulfilling the power of attorney to sell in that case. This issue prompts the author to delve deeper into and reveal the accountability of the PPAT who created the power of attorney to sell, considering the bad faith motive of the buyer and the sanctions that can be imposed based on the legal events in this case.Keywords: Civil Code; The Land Deed Making Office; Power of Attorney to Sell
EFFORTS TO RESOLVE CASES OF DOMESTIC VIOLENCE AT THE WOMEN AND CHILDREN SERVICE UNIT (PPA UNIT) PRABUMULIH POLICE Aziyati, Lutfiyah; Achmad, Ruben; Martini, Martini
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.v12i4.5729

Abstract

One type of violence against women is domestic violence (KDRT). Domestic violence is any act against someone, especially women, which results in physical, sexual, psychological misery or suffering, and/or domestic neglect, including threats to commit acts, coercion, or unlawful deprivation of liberty within the household. . This research is a form of empirical method research. Empirical research is based on primary data (results of research in the field). The formulation of the problem that will be studied is efforts to resolve cases of domestic violence (KDRT) in the women's and children's service unit (PPA unit) of the Prabumulih Police. The result was that the Prabumlih Police PPA Unit in its efforts to overcome acts of domestic violence (KDRT) in Prabumulih City, namely by carrying out two types of solutions, namely by using penal means or through criminal legal channels and outside legal channels or non-penal means. Keywords: domestic violence, efforts of women and children service units 
ADMINISTRATIVE LAW ANALYSIS OF REGIONAL INVESTMENT INCENTIVE POLICIES AND ITS IMPACT ON REGIONAL ECONOMIC GROWTH Arifin, Firdaus
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.v12i4.6336

Abstract

The implementation of investment incentive policies in regional areas often encounters obstacles due to legal uncertainty and inconsistencies in the application of administrative law, which negatively affect investment attractiveness and local economic growth. Effectively designed incentives, such as tax reductions, simplified licensing processes, and other supportive investment facilities, have been shown to increase investor interest in specific regions. This study aims to analyze the role of administrative law in supporting regional investment incentive policies and their impact on economic growth. Using a normative legal approach and qualitative analysis methods, the study reveals that consistent application of administrative law strengthens investor confidence in legal certainty. For example, regions that provide performance-based incentives and ensure legal protection for investments have demonstrated increased investment levels. Conversely, legal uncertainty and a lack of inter-agency coordination often lead to ineffective incentive policies, exacerbate economic disparities between regions, and weaken investment competitiveness. The findings highlight the need for reforms in the administrative legal framework, harmonization of incentive policies, and improved inter-agency coordination to ensure that investment incentive policies effectively promote inclusive and sustainable economic growth across Indonesia. Keywords: Administrative Law, Investment, Policy, Regional Economy
Application of the Law to Penal Legal Measures in Investigations of Perpetrators of Online Gambling Crimes (Case Study LP/A-05 /Iii / 2023 / Spkt / Satreskrim / Res Mura / South Sumatera in the Legal Area of the Police Kautsar, Muhammad Feryal; Achmad, Ruben; Mahfuz, Abdul Latif
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.v12i4.5681

Abstract

The world is currently developing rapidly along with technological advances, where existing technological advances are developing rapidly and are needed by society in everyday life. Another form of technological development is the use of social media. This research is a form of empirical method research. Empirical research is based on primary data (results of research in the field). The problem is the factors that influence the application of penal measures in the investigation of perpetrators of online gambling crimes (Case Study LP/A-05 /III / 2023 / SPKT / Satreskrim / Res Mura / South Sumatra in the Musi Rawas Police Legal Area). As a result, the factors that influence the implementation of penal legal measures are legal factors or statutory regulations, law enforcement factors, facilities and infrastructure factors and community factors

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