cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Agung Suharyanto
Contact Email
agungsuharyanto@staff.uma.ac.id
Phone
+628126493527
Journal Mail Official
arbiter@uma.ac.id
Editorial Address
Program Pascasarjana Universitas Medan Area. Magister Ilmu Hukum Jl. Setia Budi no. 79-B Medan 20120 Tel / fax : (061) 8201994 / (061) 8226331
Location
Kota medan,
Sumatera utara
INDONESIA
ARBITER: Jurnal Ilmiah Magister Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27221865     DOI : 10.31289
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ARBITER: Jurnal Ilmiah Magister Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 146 Documents
 11   12   13   14   15 
Analisis Yuridis Perlindungan Hukum terhadap Pasien dalam Kasus Tindak Pidana Malpraktek Menurut Undang-Undang No. 29 Tahun 2004 tentang Praktik Kedokteran Siregar, Gomgom T.P.
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2834

Abstract

The high level of crime, including medical malpractice, demands legal protection for patients. The diversity of crimes involving professional classes makes detection and handling increasingly complex. Medical malpractice is often difficult for law enforcement to detect due to challenges in proving negligence or intent. In a legal context, a crime occurs when someone's actions harm or victimize others. Medical malpractice involves a doctor's actions that deviate from operational standards. Consequences include civil and criminal legal sanctions. Responsibilities, including ethical, public, and civil aspects, are associated with medical malpractice. Differences in sanctions and medical risks are emphasized in both medical laws and ethics. Sanctions for medical malpractice are regulated by the Medical Practice Act and the Code of Medical Ethics. Malpractice involves elements of intentional wrongdoing or negligence, while medical risks are not criminal offenses. Medical accidents occur unpredictably and cannot be blamed. Legal protection for patients is crucial in responding to various challenges in the healthcare field.
Environmental and Green Investment Regulations: The Impact of China's Belt and Green Road Initiative in Southeast Asia Jing, Zhang; Zulyadi, Rizkan; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5094

Abstract

The Green Belt and Road Initiative (BRI), China's international development strategy, aims to improve regional connectivity while addressing the environmental challenges of major infrastructure projects. This study explores the impact of BRI on environmental regulations and green investment in Southeast Asia, given the importance of sustainable development in the global economy. Research methods include document analysis, project reports, academic literature, and interviews with stakeholders, as well as case studies. The results show that BRI is driving the transformation of environmental regulations in countries such as Viet Nam, Indonesia, and Thailand, and facilitating the shift towards green investment. Investments in renewable energy, sustainable urban planning, and green technology are growing. Despite challenges such as high costs and alignment of interests, BRI opens up opportunities for international cooperation and green market development. This research emphasizes the need for a multifaceted approach to balance economic growth and environmental protection.
Analisis Yuridis Pertimbangan Hukum Pada Putusan Wanprestasi Atas Utang Tertunggak: Studi Kasus Putusan Nomor 371/PDT.G/2024/PN MDN Asseweth, Hamzah Abud; Hidayani, Sri; Siregar, Fitria Yanni Dewi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5298

Abstract

This research aims to analyze the application of Article 1320 of the Civil Code in demands for payment of outstanding debts and the judge's considerations in rejecting demands for payment of dwangsom money and immaterial losses and in decision Number 371/PDT.G/2024/PN MDN. The problem of debts and receivables is a complicated problem because the risk that generally occurs is default and must go through a court decision that has legal force. This research uses normative juridical research and methods taken from library research. Based on the research results, the application of Article 1320 of the Civil Code in demands for payment of outstanding debts in Decision Number 371/PDT.G/2024/PN MDN is in accordance with the conditions specified in Article 1320 of the Civil Code because it is based on an agreement between two parties who are competent to act. The judge's consideration in rejecting the claim for immaterial losses and forced payment of money (dwangsom) in Decision Number 371/PDT.G/2024/PN MDN was because the Plaintiff could not prove that there was an urgent reason that had to be carried out which had no legal grounds and had to be rejected. However, claims for dwangsom money and immaterial losses should be applied or considered in this decision because the defendant has committed an unlawful act and legally committed a breach of contract. It is hoped that there will be laws and legal regulations that specifically regulate the implementation of dwangsom (forced money) and immaterial losses.
Analisis Yuridis Terhadap Pelaku Tindak Pidana Penganiayaan Anak (Studi Putusan: Nomor 2561/PID.SUS/2022/PN MDN) Sihombing, Bastian; Marlina, Marlina; Trisna, Wessy
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.4643

Abstract

Child abuse not only causes material losses but also profound psychological impacts, such as emotional and psychological trauma. One case of child abuse is recorded in Decision Number 2561/Pid.Sus/2022/PN Mdn. In this case, the defendant M. Syafri, also known as Muhammad Saprik, committed violence against a child, Abdan Yolanda Lubis, causing a torn wound on the child’s left ring finger. As a result, the defendant was sentenced to 2 years in prison. Based on Law Number 23 of 2022 on Child Protection, Article 80, paragraph (1) stipulates that perpetrators of child abuse, such as assault, can be sentenced to a maximum of 3 years and 6 months in prison, without the possibility of detention. The method used in this study is normative legal research, descriptive-analytical in nature, employing both a statutory approach and a case study approach. This research uses secondary data consisting of primary, secondary, and tertiary legal materials. The analysis results indicate that the legal provisions regarding the detention of perpetrators of child abuse are regulated in Article 76C of Law Number 35 of 2014. The law prohibits anyone from committing violence against children, either directly or through an order. Legal protection for children who are victims of abuse is carried out preventively through law enforcement and repressively through socialization to children and related institutions. The analysis of the verdict indicates that the punishment imposed on the defendant is considered too lenient and does not match the suffering experienced by the victim. The prosecutor's demands and the ruling are not maximal, while the law stipulates a prison sentence of 3 years and 6 months and/or a fine of up to IDR 72,000,000.
Studi kasus pemberian kredit usaha kecil dengan jaminan tanah belum bersertifikat pada PT. Bank Sumut Medan Shah, Muhammad Rahmaddian; Kamello, Tan; Andriati, Syarifah Lisa
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5192

Abstract

This study analyzes the legal implications and risk mitigation strategies in the use of uncertified land as credit collateral at PT Bank Sumut. The bank plays an important role in supporting local economic growth through the provision of credit to SMEs, but faces major challenges related to the legality of uncertified land. The research method used is normative juridical, supported by empirical data to examine relevant laws and regulations, such as Law Number 10 of 1998 concerning Banking and Law Number 4 of 1996 concerning Dependent Rights. The results of the study show that land that has not been certified as collateral increases legal risks for banks. Bank Sumut has developed a comprehensive credit assessment strategy and mitigation measures, such as independent assessments and credit restructuring, to mitigate the associated risks. In conclusion, this practice requires the strict application of the prudential principle.
Analysis of Article 433 of the Civil Code: Dilemma of Persons with Disabilities in Carrying Out Legal Acts Agustini, Shenti; Agustianto, Agustianto; Jaya, Febri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.3593

Abstract

The provisions of Article 433 of the Civil Code contain phrases that violate the rights of people with disabilities, especially for people with non-permanent mental disabilities. Through this provision, people with permanent mental disabilities are prevented from carrying out legal actions. This research aims to analyze the skills of people with disabilities in carrying out legal actions and analyze the provisions of Article 433 of the Civil Code with the Constitution. The research method used is normative juridical. In formulating the answer to the problem, a juridical basis and a theoretical basis are used. The research results show that the provisions of Article 433 have discriminated against people with non-permanent mental disabilities and it has been declared through the Constitutional Court Decision that Article 433 is conditionally unconstitutional. The challenge is that the district court as an institution that has the authority to form pardons must be truly careful and careful in making decisions/decisions on requests for pardons. Therefore, it is necessary to evaluate the implementation of these institutions on an ongoing basis to ensure that people with disabilities receive protection for their rights as people with disabilities.
Perlindungan Hukum Karya Cipta dengan Teknologi Blockchain dalam Kerangka Hukum Hak Kekayaan Intelektual di Indonesia Hadiwibowo, Yoga Teguh; Hasan, H. Umar; Rosmidah, Rosmidah
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.4198

Abstract

This study aims to analyze the effectiveness of legal protection for copyrighted works in Indonesia through the application of blockchain technology. The research method used is normative juridical with a regulatory approach and conceptual approach. The findings show that blockchain technology can enhance transparency and legal certainty in copyright protection. The implementation of blockchain allows for permanent and tamper-proof recording of ownership of copyrighted works, making it easier to prove ownership and usage, while reducing copyright infringements. However, despite its great potential, the application of blockchain in Indonesia faces regulatory challenges. Currently, there are no specific regulations regarding blockchain technology in copyright protection, which limits its effective implementation. These challenges include the lack of clear legal frameworks and the need for operational standards to be adopted. In conclusion, while blockchain technology can be an innovative solution for copyright protection, Indonesia requires regulatory updates to support its effective implementation. With clear regulations in place, blockchain technology can strengthen the copyright protection system and provide greater benefits for creators and copyright holders in Indonesia.
Perjanjian Kerjasama Antar Pelaku Usaha Dengan Pihak Pemerintah Yang Penyelesaiannya Melalui Badan Arbitrase Nasional Indonesia (Bani) Medan (Studi Di Kota Medan) Shah, Elbarino; Kamello, Tan; Andriati, Syarifah Lisa
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5191

Abstract

This article aims to analyze the role of BANI Medan in resolving business settlements that occur between perpetrators and the government in Medan City. This research will also examine the factors that cause default in cooperation agreements as well as settlement efforts made by BANI Medan. Data was collected through document study, interviews with related parties, and direct observation of arbitration cases at BANI Medan and analyzed qualitatively. This study concludes that BANI Medan plays an important role in resolving business peace by providing efficient, fast and confidential arbitration. While there are challenges such as lack of awareness about arbitration, the benefits are clearly greater. With the increasing complexity of business in Medan, BANI's role is increasingly relevant. To prevent default in business agreements, it is important to draw up clear contracts, manage finances well, and understand the law. BANI Medan helps maintain a stable business environment and reduces sustainability risks.
Tinjauan Yuridis Hukum Administrasi Negara terhadap Pengadaan Tanah bagi Kepentingan Umum berdasarkan Peraturan Pemerintah Nomor 19 Tahun 2021 Anggian, Dolly; Atmei Lubis, Anggreni; Adi Syaputra, M. Yusrizal
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.2983

Abstract

Land Acquisition for the Public Interest aims to provide land for the implementation of development to improve the welfare and prosperity of the nation, state and society while still guaranteeing the legal interests of the Eligible Parties. Based on Government Regulation Number 19 of 2021, the research method used is normative juridical with an approach through literature study and analyzed qualitatively. This study concludes that land banks have a strategic role as a national land management tool, especially in terms of land tenure and management, so as to realize greater prosperity for the people. This is also reinforced by the fact that land bank activities have been successfully implemented in various developed countries to systematically overcome various land problems, for example, land that has been developed, abandoned land or vacant land and land that is considered abandoned, as well as land that is considered occupied. potential growth to be more efficient. That there are 3 (three) basic values of law, called legal ideals, where the law must fulfill these basic values, namely: justice, expediency (zweckmaszigkeit) and legal certainty. As a basic value that must be respected, the instrument for regulating land reserves in the future must be able to take into account the achievement of these three basic values.
Tinjauan Yuridis Pembuktian Elektronik dalam Perkara Tindak Pidana Penipuan Online Siregar, Zulkifli Anwar; Rafiqi, Rafiqi; Sitorus, Nanang Tomi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5343

Abstract

The purpose of this writing is to be able to review and analyze electronic information evidence of criminal acts of online fraud from the perspective of criminal procedural law in Indonesia.  The method used in this writing is to use a normative juridical method approach.  The problems discussed in this paper are how electronic evidence is used to prove criminal acts of fraud through online media and how electronic evidence is used for online fraud crimes based on Law no. 16 of 2019 concerning Amendments to Law no. 11 of 2008 concerning Information and electronic transactions, therefore the judge's task in his authority as a law enforcer is to interpret or interpret electronic evidence as an extension of documentary evidence or instructions which are valid evidence according to Article 184 of the Criminal Procedure Code, as regulated in Article 5 paragraphs (1) and (2) Law no. 16 of 2019 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates evidence, namely electronic information, electronic documents and printouts, as valid evidence and the expansion of evidence in criminal procedural law relating to acts criminal penalties regulated in the electronic information and transactions law.  Apart from that, to assist in interpreting and interpreting electronic evidence, judges need expert testimony in the evidentiary process. So, electronic information evidence is an extension of expert testimony and guidance evidence in accordance with Article 184 of the Criminal Procedure Code, expansion of legal evidence based on criminal procedural law. Furthermore, in Article 5 paragraph (3) of Law no. 16 of 2019 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, through a negative legal proof system, that proof is not based only on legal regulations, but also on the judge's belief, so the judge also needs expert information to find out the real facts regarding electronic evidence, p. This relates to article 1 points 1 and 4 of Law no. 16 of 2019 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions.

Page 13 of 15 | Total Record : 146

 11   12   13   14   15 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 7, No 2 (2025): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei More Issue