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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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POSITION OF JOINT PROPERTY IN POLYGAMOUS MARRIAGES REVIEWED IN THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW Fiqrie, Okky Faitzal; Amalia, Lia; Abas, Muhamad
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.v13i1.6132

Abstract

This research highlights the legal complexity related to the division of joint assets in marriage, both in the context of monogamy and polygamy, with a focus on the provisions of Article 35 paragraph 1 of Law No. 1 of 1974 and Article 65 paragraph (1) point (b) of Law No. 16 2019. Through a normative juridical approach and analytical descriptive methods, this research examines how assets obtained during marriage are recognized as joint assets without considering individual contributions, as well as the implications of the division of assets in polygamous marriages where each wife is entitled to a fair share according to Islamic law. Implementation of this law requires in-depth understanding and consistent enforcement from the relevant parties to ensure justice and harmony within the family.Keywords: Joint Property, Polygamy, Islamic Law
Modus Operandi Of Corruption In Government Procurement Of Goods And Services And Its Countermeasures Darmawan, Wahyu; Djufri, Darmadi; Martini, Martini
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.v13i1.6075

Abstract

In the course of national development efforts in various fields, corruption actually causes great losses for the nation, so that the public's desire to eradicate corruption and other forms of deviation is increasing. Procurement of Goods and Services (PBJ) is one of the sectors that contributes the most to corruption cases in Indonesia. The results of the study show that the modus operandi of corruption in government procurement of goods and services such as (markup) planning costs, short announcement periods, work or goods that do not meet specifications. Meanwhile, efforts to overcome corruption in government procurement of goods and services include using a competition system, opening wide access to needs, and looking at the legal track record, and Work Results. Keywords: criminal acts; corruption; procurement; goods and services
LEGAL ANALYSIS OF CHILD PROTECTION AGAINST CHILDREN AS PERPETRATORS OF SEXUAL VIOLENCE CRIMES IN INDONESIA Izdihar, Naufal; Guntara, Deny; Abas, Muhamad
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.v13i1.6012

Abstract

As the times advance, cases of children as casualties of sexual viciousness are expanding day by day and very some children are included as culprits of sexual viciousness carried out like grown-ups, this has ended up a unused questioning that stresses numerous parties. This investigate points to discover out how the Child Security Law and the Adolescent Criminal Equity Framework are directed in cases of children as culprits of sexual viciousness and what components can trigger children to commit criminal acts of sexual savagery. This inquire about employments a sort of standardizing juridical inquire about strategy utilizing a few approaches, namely the statutory approach, the case approach additionally employing a comparative approach. The discoveries in this inquire about appear that the control of children as culprits of sexual savagery has not been completely controlled in statutory directions and there's a require for a survey of the age limits for children both within the Child Assurance Law and the Juvenile Criminal Equity Framework, seeing that there's a move in children's mentality at this time. . There are variables that impact children to gotten to be culprits of sexual savagery, specifically need of parental supervision, the impact of globalization, negligible devout instruction and natural variables. The conclusion in this case is that preoccupation can be endeavored in the event that the greatest criminal term is 7 a long time, but in cases of sexual viciousness it cannot be carried out, at that point detainment will be forced as a final resort.Keywords : Children; Sexual Violence; Legal Protection; Criminal Acts.
ANALYSIS OF CUSTOMARY LAW SANCTIONS IN CUSTOMARY MARRIAGE (HUMAN RIGHTS PERSPECTIVE FOR WOMEN) Aprilia, Anisa; Akib, Ma'ruf; Umar, Wahyudi
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.v13i1.6953

Abstract

This study analyzes customary law sanctions in traditional marriages, often contrary to human rights principles, especially for women. This study aims to evaluate the impact of customary law sanctions on women’s rights and provide recommendations for improvement. The method used is a qualitative approach with case studies, which involves interviews with traditional leaders and women involved in customary marriages. The results of the study show that customary law sanctions tend to burden women, creating gender injustice and human rights violations.  Keywords: Customary Law; Human Rights; Woman; Penalty; Gender Equality
JUSTICE AND LEGAL CERTAINTY AS A MANIFESTATION IN THE CONTEXT OF CONSTITUTIONAL LAW Pakpahan, Zainal Abidin
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.v13i1.7179

Abstract

This journal aims to explore and analyze the relationship between justice and legal certainty in the context of Indonesian constitutional law. Using normative juridical methods, this study identifies the challenges faced in realizing both concepts amidst complex social and political dynamics. The formulation of the problem that arises in this study is about how the relationship between justice and legal certainty in the constitutional law system and what are the challenges faced in realizing justice and legal certainty in Indonesia. The results of the study indicate that community involvement in the legal process and institutional strengthening are key factors in achieving equitable justice. In addition, this study emphasizes the need for more effective legal aid programs and active citizen participation in legal decision-making. These findings are expected to provide valuable insights for the development of more inclusive and equitable legal policies in Indonesia, as well as encouraging the creation of a more democratic society. Keywords: Justice, Certainty, Law, Order, State
LEGAL PROTECTION OF WORKERS/LABORERS FROM TERMINATION OF EMPLOYMENT DUE THE COVID-19 PANDEMIC AS A FORCE MAJEURE IN ORDER TO BUILD LEGAL CERTAINTY Kurnia, Asep; Santoso, Imam Budi; Singadimeja, Holynes
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.v13i1.6077

Abstract

The Covid-19 incident, many companies in Indonesia have difficulty in carrying out their activities. One of the impacts is the cessation of company activities and laying off employees. This means that many workers or laborers lose their jobs due to situations beyond the control of the company, such as this pandemic. Force majeure is an event or incident beyond human control that can affect business continuity. The purpose of this study is to analyze how legal protection for workers/laborers due to Termination of Employment on the grounds of Covid 19 as force majeure can be applied in the Karawang industrial area. This study uses the approach method. Legislation, where researchers analyze and interpret various laws that are relevant to the topic and object being studied. The results of the study show that the implementation of Termination of Employment by force majeure cannot be carried out arbitrarily, companies must maintain and make maximum efforts not to carry out Termination of Employment before finally deciding to take the route of Termination of Employment for workers/laborers. This is used as the meaning and form of legal protection carried out by the company towards employees.Keywords: Labor; COVID-19; Legal Protection; Work termination
LEGAL PROTECTION OF OUTSOURCING WORKERS AGAINST EMPLOYERS' ARBITRARY ACTIONS IN TERMINATION OF EMPLOYMENT RELATIONSHIPS IN INDONESIA BASED ON THE JOB CREATION LAW Lestari, Rr. Winarti Pudji; Santoso, Imam Budi; Setiady, Tri
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.v13i1.6078

Abstract

Currently business competition is getting tighter, many companies are choosing to implement an outsourcing system because this system is felt to be more effective. In the outsourcing system, it is easier for employers to terminate employment relationships (PHK), so this outsourcing system cannot provide job security for workers. In fact, guarantees to work and earn a decent living are the constitutional rights of every citizen. The state has regulated the protection of workers' rights and guaranteed continuity of work in the Job Creation Law through the TUPE concept. However, these regulations have not been equipped with clearer regulations so they are still difficult to implement. The aim of this research is to examine and understand the legal protection for outsourcing workers from arbitrariness by employers in the implementation of layoffs and to examine and analyze the principles of outsourcing so that there is no arbitrariness by employers in the implementation of layoffs. This research uses a normative juridical approach, namely an approach carried out on the basis of the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The author also uses a comparative legal approach method, namely comparing law in different countries as a system (law is seen as a system), so that based on the differences, researchers are able to provide conclusions regarding a legal issue. The outsourcing system in Indonesia currently does not reflect justice for outsourcers. There needs to be legal reform so that worker protection can be improved without leaving the flexibility of the outsourcing system behind. From this research, the author was able to find a prospective concept for developing better outsourcing regulations. Keywords:  Legal Protection; Outsourcing; Arbitrariness; Termination of Employment.
COPYRIGHT LAW ENFORCEMENT AGAINST SOFTWARE PIRACY VIOLATIONS FOR COMMERCIAL PURPOSES Ramadhanty, Venta Ananda; Astutik, Sri; Prawesthi, Wahyu; Handayati, Nur
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.v13i1.6074

Abstract

Copyright infringement in the form of software piracy has various modes that lead to crime. This research aims to analyze forms of copyright infringement, enforcement and protection of software copyright based on the Copyright Law. This research used normative juridical method with statute approach and conceptual approach. The research results show that piracy of computer software is a violation of copyright, because in economic use/commercial use of computer software, written permission is required in the form of license. Person who feels aggrieved by the occurrence of this violation can file a lawsuit with the Commercial Court. Law enforcement is carried out by the government, police and judicial institute. Perpetrators of illegal computer software license can be subject to criminal sanctions, especially in Article 112 and 113 of the Copyright Law. Apart from that, there are several alternative non-litigation dispute resolution methods. Preventive protection is carried out by the government in terms of supervising software creation and collaborating with various parties. Repressive measures include fines, imprisonment and additional penalties.Keywords: protection; enforcement; piracy; software, copyright
LEGAL PROTECTION MEASURES AGAINST THE DISTRIBUTION OF EXPIRED FOOD IN SEMARANG CITY Analia, Rindu Bening; Suliantoro, Adi; Saputra, Arikha
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.v13i1.6073

Abstract

Expired food refers to products that have passed their consumption date or expiry date. In Semarang, four modern retailers have been found selling expired food products, including gift packages and canned goods. This study aims to identify the legal protections and responsibilities of businesses regarding the circulation of expired food in Semarang, as well as the roles of the local government and the community in addressing this issue. The research employs a normative juridical approach, analyzing relevant regulations descriptively and qualitatively. Findings indicate that legal protection is outlined in Article 1508 and 1509 of the KUHPer; Article 3, 4(a), 8(1)(g), and 8(2) of Law No. 8 of 1999 on Consumer Protection; Article 3 and 9 of Minister of Health Regulation No. 180/MEN.KES/IV/1985 on Expired Food; Article 86(2), 90(1), and 99 of Law No. 18 of 2012 on Food; and Article 146(1), 147(1), and 148 of Law No. 17 of 2023 on Health. Business operators are responsible for providing compensation, while government bodies such as BPOM and LPKSM, including LP2K, are tasked with overseeing the matter.Keywords: Legal Protection; Food; Expiry.
ANALYSIS OF OBSTACLES FACED BY POLICE INVESTIGATIONS IN RESOLVING CASES OF CRIMINAL ASSAULT THROUGH RESTORATIVE JUSTICE AT THE INVESTIGATION STAGE Yogandono, Satoto
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.v13i1.6145

Abstract

This research explores the challenges faced by police investigators in resolving cases of assault through Restorative Justice (RJ) during the investigation phase. The objective is to identify and analyze the obstacles encountered by investigators when implementing RJ in the context of assault cases. The study employs a normative juridical method with a qualitative approach, focusing on legal norms outlined in regulations and the living norms in society. Data collection was conducted through library research, reviewing literature, legal documents, and previous studies. The findings reveal several key obstacles: legal factors, including unclear or conflicting regulations; the quality and understanding of law enforcement personnel; insufficient facilities and resources; societal resistance to RJ, favoring traditional punitive measures; and cultural factors where retributive justice is still prevalent. To overcome these challenges, the study recommends enhancing resources, increasing public awareness, and improving cultural attitudes towards RJ. This approach aims to ensure that RJ is more effectively implemented, achieving a more comprehensive and accepted form of justice. Keywords: Restorative Justice, Police Investigators, Assault Crimes

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