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Program Pascasarjana Universitas Medan Area. Magister Ilmu Hukum Jl. Setia Budi no. 79-B Medan 20120 Tel / fax : (061) 8201994 / (061) 8226331
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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
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International Cyber Governance: Strategies And Practices Against Cybercrime Yongsheng, Guan; Isnaini, Isnaini; Frensh, Wenggedes
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.v6i2.5095

Abstract

This research examines the complexities of cybercrime and the global efforts required to combat it. Highlighting the increasing sophistication of cyber threats, the study emphasizes the critical importance of international cooperation in cyber governance, the necessity of evolving technological solutions, policy frameworks, and effective legal measures. Utilizing a comprehensive literature review, the research defines the scope, selects relevant databases, incorporates reputable reports, evaluates sources for credibility, and meticulously documents findings. This structured approach ensures a thorough understanding of cybercrime complexities and governance measures. Key areas include balancing security and privacy, public-private partnerships, and ongoing vigilance and collaboration to strengthen cyber governance against dynamic threats.
Peran Dan Implementasi Pengadilan Agama Dalam Melindungi Hak-Hak Perempuan Dan Anak Pasca Perceraian Melalui Putusan Pengadilan Agama Sebagai Upaya Pertahanan Ekonomi Keluarga Ariani, Taufiqoh Bina; Astawa, I Ketut; Koswara, Indra Yudha
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.v6i2.5170

Abstract

The role and implementation of Religious Courts in protecting the rights of women and children after divorce through religious court decisions as an effort to defend the family's economy. This study aims to understand how religious courts effectively carry out their duties in protecting the rights of women and children and providing economic protection for families after divorce. The research method used in this study is the normative legal research method with a statutory, conceptual, and historical approach. The results of the study indicate that religious courts have a significant role in protecting the rights of women and children after divorce. Religious court decisions consistently apply the principles of justice, benefit and social welfare to ensure that the rights of women and children are well protected. Through these decisions, Religious Court judges as state officials are at the forefront in ensuring that the rights of women and children are protected, as well as providing justice and benefits for providing family economic protection. However, in implementation, not all post-divorce religious court decisions accommodate the rights of women and children. It is hoped that these findings can contribute to the development of better policies in protecting the rights of women and children after divorce, as well as strengthening the role of religious courts as institutions of a legal system that play a role in providing justice and benefits for justice seekers as an effort to defend the family economy after divorce.
Penegakan Hukum Terhadap Tindak Pidana Judi Togel Sidney di Kota Medan Yudhanto, Dimas; Munthe, Riswan; 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.v6i2.5335

Abstract

This research aims to analyze law enforcement and the judge's considerations in handing down criminal decisions against perpetrators of Sidney gambling crimes in the Medan District Court decision Number 1293/Pid.B/2024/PN Mdn. Law enforcement of criminal acts of gambling shoul be carried out by considering every law and regulation. The research method used is normative juridical with data collection through library research in the form of books and legal journals and criminal regulations. Based on the research results, it was found that the enforcement of punishment in handing down criminal decision was that the Panel of Judges in handing down sentences did not comply with the applicable regulations because they only paid attention to Article 303 of the Criminal Code. The Panel of Judges should also consider Article 27 paragraph (2) of Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) which contains gambling. This was proven in the process of arresting the defendant, Rabndranath Pilay, who was using internet media by accessing the link www.dewatogel.com in his gambling activities. The judge's consideration in handing down criminal decision was to take into account more non-juridical aspects where the judge looked more at the defendant's background, economic situation and life of the defendant without considering the negative impact of gambling. The panel of judges should give the maximum possible punishment in order to eradicate gambling in society
Perlindungan Hukum Tanah Sengketa: Urgensi Doktrin Lis Pendens dalam Reformasi Hukum Acara Perdata Indonesia Susilo, Erwin
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6166

Abstract

This article aims to examine the urgency of applying the doctrine of lis pendens in civil land dispute cases in Indonesia, particularly to provide legal protection for disputing parties and third parties against the risk of land rights transfer over disputed property during court proceedings. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. The legal systems of India and England are selected as comparators, as they have explicitly implemented the doctrine of lis pendens through legislation and case law, especially in terms of third-party protection, effectiveness in preventing the transfer of disputed objects, and case registration systems. The findings indicate that Indonesian civil procedural law does not yet have an automatic mechanism to prohibit the transfer of disputed objects during ongoing proceedings, resulting in a legal vacuum. The main contribution of this study is to propose the application of the lis pendens doctrine through the establishment of new procedural norms, the development of a court case information administration system, and public awareness campaigns on precautionary principles in land transactions. The study recommends the enactment of legal norms prohibiting land transfers during the judicial process.
The Contribution of Legal Science to The Formation of Legal Norms in Indonesian Society: A Review from A Social Perspective Kurdi, Kurdi; Prayoga, Sandi Yudha; Cahyo, Raul Gindo
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.5745

Abstract

Legal science has a very significant role in dealing with social dynamics by adjusting legal norms to remain relevant to the needs of a growing society. This study aims to explore the contribution of legal science in forming legal norms that are adaptive and responsive to social change, technology, and global values, while maintaining the basic principles of justice and humanity. The method used in this study is the normative juridical method, with a statutory and conceptual approach. The statutory regulatory approach is used to analyze existing regulations, while the conceptual approach is used to understand the legal theories underlying the formation of legal norms in Indonesia. The results of the study show that legal science not only reflects social change, but also plays an active role in formulating and updating legal norms by the development of the times, so as to be able to create a harmonious and just social order.
Proses Mediasi Perceraian di Kalangan PNS di Kota Padang Sidempuan Setiadi, Afifah Farha; Mukhsin, Abdul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6107

Abstract

Marriage is a physical and spiritual bond between a man and a woman, which is expected to create a sense of sakinah, mawaddah, and warahmah. To achieve this in marriage requires an attitude of mutual understanding and comprehension, especially those related to the rights and obligations of a husband and wife. In married life, one thing that cannot be avoided is conflict. One of the factors causing conflict is that the rights that must be obtained are not fulfilled or the obligations of one party are not carried out. Other reasons can result in a dispute between the two parties, so mediation is needed to resolve the problems that occur. The dispute may result in divorce. In the divorce process, mediation will be carried out with the aim of considering whether the household can still be maintained. This study aims to describe and analyze the capacity of the mediator in the mediation process that occurs among Civil Servants. This study uses a qualitative descriptive method. This study uses primary data and secondary data. Based on the results of data analysis, it was found that the average divorce rate in Civil Servants (PNS) in Padangsidimpuan City Agencies was 4.4 people/year or 0.79%. The effectiveness of mediators in resolving problems in the divorce process is considered less effective.
Tinjauan Yuridis Pertimbangan Hakim Menjatuhkan Pidana Penjara dan Pelatihan Kerja Terhadap Anak Sebagai Pelaku Tindak Pidana Persetubuhan (Studi Putusan Pengadilan Negeri Medan Nomor 70/Pid.Sus-Anak/2024/PN Mdn) Risyadha, Angelica Kumala; Siregar, Fitri Yanni Dewi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6108

Abstract

This study analyzes judicial considerations in sentencing imprisonment and work training for a juvenile offender in a sexual intercourse case, using the Medan District Court Verdict No. 70/Pid.Sus-Anak/2024/PN Mdn as a case study. The research is grounded in the tension between retributive justice and the principle of restorative justice within Indonesia’s juvenile criminal justice system. A normative juridical method with a case study approach is employed, examining primary, secondary, and tertiary legal materials through literature review and descriptive-analytical analysis. The findings reveal that judicial considerations include legal aspects such as the Juvenile Criminal Justice System Act (UU SPPA) and the Criminal Code (KUHP), as well as non-legal aspects like the juvenile's age, social environment, and the psychological impact on the victim. The court’s decision combines retributive, restorative, substantive, and procedural justice, reflecting a holistic approach to child protection. The study concludes that achieving a balance between punishment and rehabilitation is essential for ensuring the rights of both juvenile offenders and victims, and for delivering justice that is fair and humane.
Integrasi Perspektif Feminisme dalam Kebijakan Publik: Tantangan Budaya Lokal terhadap Perlindungan Perempuan Hazariga, Adam; Paini, Paini; Azrin, Nikmatul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6111

Abstract

The protection of women is a crucial component in achieving gender justice within a state governed by law. However, public policy formulation often faces challenges from patriarchal local cultural values. This study aims to analyze the integration of feminist perspectives into public policy and the obstacles posed by customary norms. Using a qualitative descriptive method with a conceptual and statutory approach, the research draws on relevant legal literature and Indonesian policy documents. The findings indicate that despite the existence of progressive regulations, such as the Law on Sexual Violence Crimes (UU TPKS), their implementation is often hindered by conservative interpretations rooted in customary law. A feminist jurisprudence approach is essential to uncover gender disparities in legal practices. The study concludes that synergy between statutory law and gender-sensitive local wisdom is necessary to develop more inclusive and effective public policies.
Pergeseran Fungsi Jaksa Sebagai Dominus Litis Ke Arah Restorative Justice: Analisis Normatif Dan Empiris Kurdi, Kurdi; Mazjah, Ibnu; Dadek, Teuku Ahmad
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 2 (2025): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i2.6728

Abstract

The Indonesian criminal justice system is undergoing a fundamental transformation from a retributive approach to restorative justice. This study aims to analyze the implications of this paradigm shift on the dominus litis principle upheld by the Prosecutor's Office, and evaluate its implementation in ensuring legal certainty and justice for victims. The research method used is socio-legal, combining normative analysis of laws and regulations (Criminal Procedure Code, Prosecutor's Office Law, New Criminal Code, Perja 15/2020) with empirical analysis related to the reality of law enforcement. The results of the study indicate that restorative justice does not weaken the dominus litis principle, but rather functionalizes it into a more humane discretionary authority, changing the role of prosecutors from mere prosecutors to peace facilitators. However, empirically, weaknesses were found in the legal product of the Decree on Termination of Prosecution (SKPP), which is purely administrative in nature, making it vulnerable to pretrial and weak in the execution of compensation for victims. This study concludes that to ensure complete legal certainty without compromising victims' rights, the implementation of restorative justice must be synchronized with Article 132 of Law No. 1 of 2023 (New Criminal Code) and adopt a judicial scrutiny mechanism to ensure that peace agreements have binding enforcement power.
Insider Trading sebagai Bentuk Kejahatan Ekonomi di Pasar Modal Indonesia (Studi Kasus PT Danareksa Sekuritas) Syuryadi, Paksi Aan; Tamza, Fristia Berdian; Fardiansyah, Ahmad Irzal
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 2 (2025): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i2.6700

Abstract

The enforcement of insider trading laws in Indonesia is currently impeded by structural deficiencies within Law Number 8 of 1995 concerning Capital Markets (UUPM), particularly regarding the inherent limitations of the Fiduciary Duty Theory in addressing crimes committed by institutional intermediaries. This study aims to critique these doctrinal limitations and analyze the urgency of adopting the Misappropriation Theory as an alternative dogmatic foundation. Employing normative legal research (doctrinal research) with statute, conceptual, and case approaches, the study reveals that the current legal construction fails to encompass institutional insiders as exemplified by the PT Danareksa Sekuritas case. Consequently, law enforcement is frequently reduced to mere administrative sanctions due to complex evidentiary hurdles. This article concludes that the Fiduciary Duty Theory is no longer sufficient for modern capital market complexities. Therefore, the adoption of the Misappropriation Theory through a progressive interpretation of Article 97 of the UUPM is recommended to bridge the legal gap and ensure rigorous criminal prosecution.

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