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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 ANALYSIS REGARDING THE USE OF ABSOLUTE POWER OF ATTORNEY BY OFFICIALS MAKING LAND DEEDS IN DEEDS OF TRANSFER OF LAND RIGHTS Panjaitan, Glenaldi Julio Anindhita
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.v12i3.5574

Abstract

In carrying out a legal action, an individual can delegate their authority to another person to handle specific affairs or to carry out specific matters namely through a Power of Attorney. However, there are certain actions not permitted by regulations and laws to be executed through a power of attorney, one of which is the absolute power to transfer land rights. A Deed of Sale and Purchase created by a Land Deed Official based on the use of absolute power can result in the deed being legally null and void and may lead to diputes in the future. The purpose of this research is to analyse the position of absolute power in deeds of land rights transfer made before a Land Deed Official. This research is juridical-normative, employing an explanatory research form, reinforcing the existing legal conditions to strengthen the application of legal theories and norms, and presenting the research findings in a descriptive report. The conclusion of this research is that the misuse of absolute power in the transfer of land rights still occurs frequently in practice, especially in matters of land rights transfer that are clearly prohibited by existing regulations and such abuse can result in the authentic deed made by the public official being legally void. This is due to the lack of precision by public officials in creating authentic deeds in accordance with the prevailing regulations. Keywords: Absolute Power, Land Deed Official, Transfer of Land Rights.
APPLICATION OF CYBER NOTARY IN THE POSITION OF NOTARY IN INDONESIA Santoso, Irwan
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.v12i4.6311

Abstract

A notary is a public official who is given the authority to make authentic deeds. In making authentic deeds, basically they still have to be made using conventional concepts as regulated in Article 1868 of the Civil Code. As technology develops, conventional methods are felt to hinder economic development, so opinions arise that cyber notary can be implemented. The aim of this research is to find out how cyber notary is implemented in Indonesia. The approach method used in this research is normative juridical using utilitarian theory with the concept of benefit and the lex superior derogate legi inferior theory. The results of this research are that the new cyber notary concept can be applied in making deeds for General Meetings of Shareholders of Limited Liability Companies as regulated in the Company Law and notary protocols in this case are still kept conventionally so changes are needed to the law on notary positions.Keywords: Cyber Notary; Information and Technology; Notary Public Position Act.
FULFILLMENT OF THE RIGHTS OF DOMESTIC VIOLENCE VICTIMS THROUGH RESTORATIVE JUSTICE POLICY Rahmawati, Dwi
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6975

Abstract

Domestic violence remains a significant issue despite the enactment of Law Number 23 of 2004. The prevailing retributive approach is insufficient to provide comprehensive protection for victims, who are predominantly women. This study aims to examine the restorative justice policy in fulfilling the rights of DV victims and evaluate its effectiveness under Indonesian legal frameworks. Using a normative legal research method with statutory and literature approaches, this study investigates the potential application of restorative justice. The findings reveal that restorative justice offers a more humane approach by facilitating reconciliation between victims and perpetrators while promoting the recovery of victims' losses. However, its implementation faces challenges, including limited understanding among from law enforcement officials and the need for qualified mediators. Therefore, mediator training and socialization to the community and law enforcement are needed to ensure the successful implementation of restorative justice. Keywords: Violence; Domestic; Restorative Justice; Victims' Rights
CONTINUOUS IMPLEMENTATION OF CRIMINAL LAW FOR PERPETRATORS OF SEXUAL VIOLENCE AGAINST CHILDREN (STUDY OF DECISION NUMBER 670/PID.SUS/2022/PN KIS) Jannah, Maya; Kusno, Kusno; Ritonga, Muhammad Khairul; Hikmah, Nur; 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.v12i3.7013

Abstract

This study aims to find out about the Continuous Implementation of Criminal Law for Perpetrators of Sexual Violence Against Children (Study of Decision Number: 670/PID.SUS/2022/PN KIS). This study is expected to help us understand how the application of criminal law for perpetrators of sexual violence is continuously applied to children as victims of sexual violence, so that the public can understand whether or not the application of criminal penalties for perpetrators of crimes is in accordance with applicable laws and regulations. This study uses a normative legal method and uses a type of legislative approach, and case studies. The type of data used is secondary data. Discussion Results: The Continuous Implementation of Criminal Law for Perpetrators of Sexual Violence Against Children based on Decision Number: 670/PID.SUS/2022/PN KIS is in accordance with what applies in the Law of the Republic of Indonesia Number. 23 of 2002 as amended by Law No. 35 of 2014 concerning Child Protection in conjunction with Article 64 paragraph (1) of the Criminal Code which states: “If several acts constitute a crime or violation and are related, then only one criminal rule shall be applied. And if the criminal rules are different, then the criminal rule with the most severe principal criminal threat shall be applied.”Keywords: Implementation, Criminal Law, Perpetrators, Sexual Violence, Continuously, Children
THE ROLE OF WEST JAVA OMBUDSMAN REPRESENTATIVE IN SUPERVISING PUBLIC SERVICE AS VIEWED FROM SIYASAH DUSTURIYAH Aziza, Mutiara Jihan; Shaleh, Chaerul; Alamsyah, Taufiq
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6984

Abstract

Supervision of public services by the West Java Representative Ombudsman plays an important role in ensuring the quality of service and the protection of public rights. However, the implementation is still facing obstacles. This has an impact on the low effectiveness of supervision. In the perspective of Siyasah Dusturiyah, supervision must uphold the principles of justice, transparency, and accountability according to sharia values. This research aims to analyze the stages of supervision by the Ombudsman, identify the obstacles faced, and review its implementation based on the principle of Siyasah Dusturiyah. The research method uses an empirical juridical approach with descriptive-qualitative. Data is collected through interviews, document studies and observations. Based on research, the obstacles experienced by the West Java Representative Ombudsman are caused by several factors. First, the limitation of human resources. The West Java Representative Ombudsman has only 15 members to supervise 22 regencies/cities. Furthermore, the low level of public participation, one of which is due to the unfamiliarity of the Ombudsman's name as a supervisory institution among the community.Keywords: Function, Service, Supervision, Siyasah Dusturiyah
LEGAL PROTECTION FOR VICTIMS OF PERSECUTION: AN ANALYSIS OF POSITIVE CRIMINAL LAW AND ISLAMC CRIMINAL LAW IN BATU BARA REGENCY Ms, Purnama Wahyuni; Suparmin, Sudirman
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.7003

Abstract

Legal protection for crime victims is an endless problem in people's lives. Enforcement of legal protection for victims of persecution is an important aspect of the criminal justice system, in order to ensure justice and provide a sense of security.  This study discusses the enforcement of legal protection for victims of persecution, a review of Islamc criminal law and positive law, a case study of Batu Bara district, using the type of empirical legal research, conducting direct observations to the Women's Empowerment and Child Protection Office in Batu Bara Regency and the Batu Bara Police. The data source uses primary data with interviews, literature studies in the form of books, laws and criminal codes, which are analyzed into scientific papers. This study aims to analyze the obstacles faced in the legal protection process, including the inability of victims to access legal services, the less optimal role of law enforcement officials, and the lack of socialization of victims' rights. The results of the study show that although the victim protection law and then the Batu Bara Regency Regional Regulation exist, its implementation has not been maximized. Keywords: Law Enforcement, Victims, Abuse, Islam Criminal Law.
THE ROLE OF LAND DEED OFFICIALS IN THE DIGITAL TRANSFORMATION OF CERTIFICATE SERVICES: A REVIEW OF THE PERSPECTIVE OF LEGAL PROTECTION AND CERTAINTY Noor, Aslan; Riansyah, Muhamad Rizki; Pratama, Yusril Hardiansyah; Pamungkas, Dwiky Hardika; Firdawuru, Seno Agung
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.7005

Abstract

Land Deed Making Officers are government partners in exercising authority in terms of making Land Transfer Deeds. This study aims to analyze the role and function of Land Deed Making Officers in the digital transformation of certificate services. In the perspective of protection and legal certainty. This study uses a normative legal research approach or also called library legal research. The results of the study show that the government in making policies needs to be balanced with efforts to strengthen human resources and technology. These efforts can be made by building an internet access network that reaches all regions of Indonesia and providing training to Civil Service employees at the Ministry of ATR/BPN and other supporting parties such as Land Deed Making Officers and notaries. This will provide protection and legal certainty for certificate holders.Keywords: Land Deed Making Officer; Digital; Certificate; Protection; Legal Certainty
Security Disturbances in the 2024 Regional Elections in the South Sumatra Regional Police Area of Responsibility Hendra Pratikno, Muhammad; Zahri, Saifudin; Hasan, KN Sofyan
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5852

Abstract

The importance of democratic life in society supports the creation of a comfortable life together. The Indonesian nation has tried to implement various types of democracy and has also proven the importance of democratic life in society. This makes the implementation of the democratic party which will take place in the 2024 elections the thing that the Indonesian people are most looking forward to. The issues being studied and analyzed are the factors that prevent the National Police Mobile Brigade Unit from responding to serious security disturbances during the 2024 regional elections in the area of responsibility of the South Sumatra Regional Police. The method used is empirical legal research. As a result, the factors that hinder it are law, law enforcement, facilities and infrastructure, and community factors and political culture factorsKeywords: police brigade; security breaches; South Sumatra Regional Police; critical challenges
ANALYSIS OF THE PROOF STRENGHT OF A DEED MADE BEFORE A NOTARY AS AN AUTHENTIC DEED IN CIVIL ACTION Zaini, Zulfi Diane; Amanah, Safitta
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5533

Abstract

A Notarial Deed is an Authentic Deed made by or before a Notary in accordance with the form and procedures stipulated in this Law. Making an Authentic Deed is required by statutory regulations in order to create certainty, guardianship and legal protection. The method used is a normative juridical approach and an empirical approach. The legal power of a Notarial Deed as Authentic Evidence in a Civil Lawsuit is perfect and binding, so it does not need to be made or supplemented with other evidence, the Deed remains in existence. What is canceled is the contents of the Deed (the legal relationship). Responsibility of the Notary for the Deed Made as Authentic Evidence in Civil Lawsuits, a Notary must be morally responsible for the Deed he makes because he is entrusted with compiling and formulating the wishes of the parties in the DeedKeywords: Authentic deed; Civil Law; Notary
FULFILLMENT OF THE RIGHTS AND LEGAL REMEDIES OF FOREIGN WORKERS WITH CONTRACT STATUS WHICH ARE CARRIED OUT OF TERMINATION OF EMPLOYMENT JUSTICE PERSPECTIVE Selamat, Selamat; Septyanun, Nurjannnah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5962

Abstract

Foreign workers in Indonesia have skills in the transfer of knowledge or know-how. In practice, foreign workers often have problems, such as layoff disputes. This research is a normative research, with a Law approach and a Case Approach. The legal materials used are primary, secondary, and tertiary, along with the literature data collection. Data analysis is descriptive and analytical with a qualitative approach. The research results are, first, that the legal protection of the rights of foreign workers who are unilaterally laid off has been regulated in Article 62 and Article 156 of Law Number 13 of 2003 concerning Manpower and strengthened by Government Regulation Number 35 of 2021. The rights obtained by the laid-off TKA are in the form of Severance Pay, Service Period Award Money, and Rights Replacement Money. However, not all of these rights can be obtained. Second, legal remedies can be taken by workers who are laid off due to the employer's failure to fulfil their rights through litigation and non-litigation settlement efforts and in the case of TKA, based on decision Number 12/Pdt.Sus-PHI/2021/PNMtr, the rights of TKA granted by the judge are basic salary from March to September 2020, with a calculation: Rp.21,750,00.00 x 7 = Rp. 152,000,000.00. It was not granted regarding severance pay based on legal reasoning; the judge's decision still referred to the positivistic legal aspect. Keywords : Employment Rights; Foreign-Employment Force; Court-Industrial-Relations Decisions

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