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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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THE APPLICATION OF LAW IN DETERMINING THE AUTHORITY BETWEEN THE CENTRAL AND LOCAL GOVERNMENTS IN UPSTREAM OIL AND GAS PROJECTS IN INDONESIA Putra, Rizki Dwi; Sinlae, Ester Stevany Putri; syahda, Illa fatika; syifa, Tazkia suhaila; Insan, Isep H
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.v13i1.5772

Abstract

In Indonesia, the regulation of oil and gas affairs is an important focus regarding the division of authority between the central and local governments. The central government has control over national policies and contracts, while local governments are responsible for local planning and tax revenue. Disputes often arise over royalties, taxes and environmental responsibilities. The solution lies in solid cooperation between the two parties, ensuring that both national and local interests are met fairly. With this collaborative approach, Indonesia can derive optimal benefits from the oil and gas sector while being mindful of sustainability and shared prosperity.Keywords: Oil and Gas, Division of authority, Governance
CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF EMBAGLEY OF RENTAL CARS IN CONNECTION WITH ARTICLE 372 OF THE CRIMINAL CODE (Case Study at Wulan Rent Car) Patul Mudin, Arip; 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.v13i1.6131

Abstract

Every criminal act cannot be separated from a series of causes and effects. Legal events that conflict with statutory regulations always cause harm to other people. Criminal accountability is intended to determine the condition of a perpetrator of a criminal act, whether or not the perpetrator can be punished for the criminal act he committed, in this case namely the crime of embezzlement as regulated in Article 372 of the Criminal Code. The issues raised are  What is the criminal responsibility for the perpetrator of the criminal act of embezzling a rental car belonging to Wulan Rent Car and what criminal sanctions are applied to the perpetrator of the criminal act of embezzling a rental car belonging to Wulan Rent Car. The research method used is qualitative using an empirical juridical approach because it examines actual legal events directly. Criminal responsibility is fundamental for compensating for losses incurred by victims of criminal acts of embezzlement, namely by being accountable before the law by bearing the legal consequences that they must undergo because this is within the authority of law enforcement officials and compensating for losses suffered by victims of criminal acts of embezzlement. victims of criminal acts worth of lost objects. determined. Settlement of compensation must also be carried out through a court decision in the criminal field which has permanent legal force.Keywords: Criminal Liability, Crime, Embezzlement.
CRIMINAL LIABILITY FOR CORRUPTION EXTORTION IN OFFICE Saragih, Diarmin; Pasaribu, Muldri P.J.; Naldo, Rony Andre Christian
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.v13i1.6140

Abstract

In distributing social assistance funds, it is hoped that the Pematangsiantar City Manpower Office will distribute funds to each Joint Business Group (JBG) according to the predetermined amount and without any illegal levies. The legal fact in distribution is that one of the employees of the Pematangsiantar City Manpower Service, without legal standing, committed extortion for the reason of fees. This research discusses criminal liability for corruption, extortion in office. In this regard, this research is focused on examining the application of criminal liability for extortion in office related to the distribution of social assistance funds for JBG in Pematangsiantar City. 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 the Panel of Judges at the Supreme Court applied criminal liability to defendants of extortion corruption in office related to the distribution of social assistance funds for JBG in Pematangsiantar City based on the provisions of Article 2 of Law Number 20 of 2001, and not based on the provisions of Article 12 letter (e) Law Number 20 of 2001.Keywords: Liability; Corruption; Extortion.
IMPLEMENTATION OF CRIMINAL LIABILITY FOR CHEMICAL CASTRATION FOR DOERS OF SEXUAL VIOLENCE CRIMES AGAINST CHILDREN Sianipar, Srikandi Karmeli Lusia; Naldo, Rony Andre Christian; Pasaribu, Muldri P.J.
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.v13i1.6191

Abstract

Children must receive legal protection from crimes of sexual violence. The legal fact is that up to now there are still children who are victims of sexual violence crimes. Likewise with the legal facts that occurred in Pematangsiantar City. This research discusses criminal liaibility for doers of crimes of sexual violence against children. In this regard, this research is focused on examining the implementation of chemical castration criminal liability for doers of crimes of sexual violence against children. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach and a conceptual approach. The type of data used is secondary data. The research results concluded that D.D. who are doers of crimes of sexual violence against children in Pematangsiantar City, criminal liability for chemical castration is not implemented. Key Words: Castration; Sexual; Child.
COMPENSATION FOR LAND PROCUREMENT FOR PUBLIC INTERESTS LAW AND INTERNATIONAL SAFEGUARD PERSPECTIVE Wibowo, Rimun; Fuad, Fokky; Rifai, Anis
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.v13i1.6187

Abstract

Conflicts when acquiring land for public purposes cannot be avoided. Land acquisition for public purposes is part of development carried out by the state through land acquisition. Conflicts such as land owners not accepting compensation provided by the state include problems during land acquisition. The aim of this research is to find the causes of conflict between land owners and the government when procuring land for public purposes. The second objective is to find a form of compensation that is carried out from the perspective of law and international safeguards. The research method used is a descriptive qualitative method. Meanwhile, data collection was carried out by collecting various scientific articles, laws and international safeguard documents. After that, make comparisons and draw various conclusions. The findings are that there is conflict between the government and land owners because compensation does not match the land owner's perspective. The solution taken is through deliberation to reach a consensus so that the land owner is willing to relinquish their rights to the land. Another result is that the compensation given from a legal perspective is very fair because it takes into account various aspects including the economic value of the land. Meanwhile, SafeGuar International views it as more comprehensive because it is not just compensation based on economic value but there is empowerment for the affected communities, including gender empowerment and replacement of livelihood sources.Keywords: Land Acquisition; Public Interest; International Safeguards; Compensation; Conflict.
LAW ENFORCEMENT EFFORTS AGAINST TRAFFIC ACCIDENT CRIMES LINKED TO LAW OF THE REPUBLIC OF INDONESIA NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION Ranisya Hadi, Vira; 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.v13i1.6006

Abstract

To encourage economic development, technological progress, local government, state formation, administrative responsibility, and the safe and effective transportation of people and goods across the country, the federal government must fulfill its commitment to a highly developed transportation infrastructure. The purpose of this is to learn about incidents involving vehicles and seek efforts from law enforcement and the public to reduce the number of traffic accidents. Empirical Juridical Methodology is used in this research process and research specifications use analytical descriptive. The results of the research from the first problem formulation are, as a preventive measure, increasing supervision of road traffic and transportation such as facilities and infrastructure, infrastructure, and vehicle safety on the road and secondly, based on the law, criminal accidents are an incident caused by unintentional, negligent and careless driving by a perpetrator. The author concludes that in efforts to enforce traffic laws, there needs to be awareness and an important role for the government, as well as law enforcers, to participate in encouraging the public to be more aware when driving and pay attention to whether vehicles are suitable for use or not. For perpetrators of traffic accident offenses there are sanctions that apply through Article 310, but in general in traffic accident cases the Restorative Justice method is often used because the incident is an Ordinary Offense. Keywords: Transportation; Traffic; Road Transport; Security.
KEDUDUKAN JAMINAN DALAM KONTRAK SYARIAH: KAJIAN NORMATIF TERHADAP AKAD IJARAH MUNTAHIYAH BITTAMLIK Widiana, Sri; Khasanah, Maulidatul; Fadhilah, Aula Nisa'ul; Kurniawan, Rangga Fajar; Musadad, Ahmad
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7126

Abstract

Collateral in the Ijarah Muntahiyah Bittamlik (IMBT) contract has an important role in providing legal certainty and protecting the rights of the parties involved. This research analyzes the position of collateral in IMBT from the perspective of Islamic law and regulations in Indonesia with a normative approach. Based on the study, collateral in IMBT can be in the form of temporary ownership by the renter or additional collateral to avoid default, as long as it is in accordance with sharia principles. Regulations in Indonesia, such as the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the rules of the Financial Services Authority (OJK), have accommodated guarantees in IMBT to ensure compliance with Islamic law and provide legal protection for Islamic financial institutions and customers. This study also compares the application of guarantees in IMBT with other contracts, such as Musyarakah Mutanaqisah (MMQ), which shows differences in the legal aspects of guarantees. The results of this study aim to strengthen regulations and education for Islamic financial industry players so that the implementation of IMBT remains in accordance with sharia principles. Thus, the guarantee in the IMBT contract can increase public confidence in Islamic banking and strengthen the stability of the sharia-based economy.Keywords: Guarantee, Sharia Contract, Ijarah Muntahiyah Bittamlik.
DINAMIKA PIDANA MATI DALAM KUHP BARU: PEMBARUAN HUKUM PIDANA DAN TANTANGAN IMPLEMENTASI Agrarini, Lintang Sely Puspita
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7359

Abstract

The dynamics of capital punishment in Indonesia have undergone significant transformation in line with the revision of the Criminal Code (KUHP). This study aims to analyze changes in capital punishment policy in the new KUHP and identify challenges to its implementation. The method used is a normative legal approach with a statute approach. The results show that capital punishment in the new KUHP is positioned as an alternative punishment imposed conditionally, with a probation period of 10 years. This approach reflects an orientation toward rehabilitation and respect for human rights. However, its implementation faces challenges from legal, ethical, and socio-political aspects, particularly regarding legal uncertainty and international criticism. More progressive legal reforms are expected to promote harmonization between national criminal law and international human rights principles. Keywords: Death Penalty; New Criminal Code ; Criminal Law Reform; Human Rights
PERAN KEBIJAKAN PEMERINTAH TERHADAP PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL DI ERA DIGITALISASI BISNIS Febianto, Krismon
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6320

Abstract

The protection of Intellectual Property Rights (IPR) in the era of digitalization poses significant challenges, particularly with the rise of violations and piracy. This study aims to analyze the role of the Indonesian government's policies in protecting IPR and evaluate the effectiveness of existing policies. The research method employed is normative legal research with a statutory approach, utilizing document studies related to regulations and legal theories. The findings reveal a gap between regulations and their implementation in practice, as well as a lack of awareness among business actors, particularly Small and Medium Enterprises (SMEs), regarding the importance of IPR protection. There is a need for regulatory updates, enhanced law enforcement capacity, and education for business actors to ensure that IPR protection in the digital era can be more effective.Keywords: Intellectual Property Rights; Business; Digitalization
IMPLIKASI PENGATURAN PENANGANAN DAMPAK SOSIAL KEMASYARAKATAN DALAM RANGKA PENYEDIAAN TANAH UNTUK PEMBANGUNAN NASIONAL DI IBU KOTA NUSANTARA Masyita, Nuriah; Al Hidayah, Rahmawati; Subroto, Aryo; Harjanti, Wiwik; Nugroho, Sulung; Asufie, Khairunnisa Noor
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7162

Abstract

Presidential Regulation No. 78 of 2023 on the Amendment to Presidential Regulation No. 62 of 2018 on the Handling of Societal Impacts in the context of Land Provision for National Development has been enacted. Community social impact in this study is land controlled by the community used for national development, both national strategic projects and non-national strategic projects. This research aims to see the implementation of the regulation on the handling of community social impacts in the Archipelago's capital city and the legal consequences on residents' land rights. The research method used is a social legal reserch approach by considering the contribution of doctrinal research by adding factors outside the norms, namely social facts, legal practices and all that influence them. The results of the study explain that the provision of compensation in Presidential Regulation Number 78 of 2023 concerning Handling Community Social Impacts in the Context of Providing Land for National Development is given to residents who do not have a right base and if there is compensation given in this case there are differences in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest. The issuance of Presidential Regulation No. 78 of 2023 on Handling Community Social Impacts that the land rights of residents affected by development do not exist and are not recognised, so this shows that affected residents lose their land rights. The issuance of Presidential Regulation No. 78 of 2023 concerning Handling of Community Social Impacts that the land rights of residents affected by development do not exist and are not recognised, so this shows that affected residents lose their land rights and there is no deliberation to determine the amount of compensation, so there is no agreement in determining the amount of compensation for affected communities. The implementation of Community Social Impact Handling in the Framework of Land Provision for National Development in terms of providing compensation without recognition of land rights has the potential to remove people’s basic rights to land, especially residents affected by development projects run by the government.Keywords: Land Provision; National Development; Compensation

Page 26 of 35 | Total Record : 348

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