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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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Studi Yuridis Sosiologis Perlindungan Hukum Pencatatan Perkawinan Penghayat Kepercayaan Suku Samin di Kabupaten Blora Fuadi, Mohammad Irvan Nafis; Zuhriah, Erfaniah; Muhammad, Muhammad
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.v7i2.6241

Abstract

This study is motivated by the persistent gap between the constitutional recognition of indigenous belief adherents following Constitutional Court Decision No. 97/PUU-XIV/2016 and the actual administrative practices in Blora Regency, particularly regarding the marriage registration of the Samin community. This research aims to analyze the forms of legal protection, policy implementation, and the structural, substantive, and cultural barriers affecting the marriage registration of Samin Indigenous Faith Adherents. Using a qualitative approach and Lawrence M. Friedman’s legal system theory, data were collected through interviews, observations, and documentation, and analyzed using descriptive qualitative techniques. The findings reveal that although legal instruments such as Constitutional Court Decision No. 97/PUU-XIV/2016 and Government Regulation No. 40/2019 formally acknowledge indigenous believers, implementation at the local level remains constrained by administrative unpreparedness, limited public outreach, bureaucratic complexity, and low legal awareness. The practice of listing Islam on identity cards (KTP) has become a pragmatic strategy for administrative convenience, but it hinders the community’s ability to register marriages as indigenous belief adherents. The imbalance among legal structure, legal substance, and legal culture results in ineffective legal protection. This study concludes that systemic reforms are required, including capacity-building for local officials, the establishment of standardized procedures for marriage registration, the development of supportive local regulations, and more inclusive legal education and outreach programs. These recommendations are expected to ensure equal and culturally respectful marriage registration services for the Samin community.
Penyelesaian Sengketa Ketenagakerjaan Terhadap Pekerja Atas Penahanan Ijazah Dalam Perjanjian Kerja Waktu Tertentu Di Dinas Tenaga Kerja Sumatera Utara Wibowo, Fernanda; Syaputra, Muhammad Yusrizal Adi
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.v7i2.6679

Abstract

This study aims to analyze the role of the North Sumatra Provincial Manpower Office in resolving disputes over the withholding of diplomas in employment relationships based on the Fixed-Time Work Agreement (PKWT), as well as examining the legal rights and obligations of the parties in resolving labor disputes based on Circular Letter Number M/5/HK.04.00/V/2025 concerning the Prohibition of Retention of Diplomas and/or Personal Documents Belonging to Workers/Laborers by Employers. This study uses a normative juridical method with a qualitative descriptive approach. Data was obtained through literature studies and interviews with the Manpower Office. The study's results indicate that detaining a diploma without a valid legal basis can be considered an unlawful act and is contrary to the principle of worker protection as stipulated in Law Number 13 of 2003 concerning Manpower and related laws and regulations. Additionally, the Manpower Office plays a crucial role in facilitating dispute resolution through mediation and protecting workers' rights. This research emphasizes the urgency of strengthening policies and law enforcement to prevent the practice of withholding diplomas that are detrimental to workers and maintain the balance of industrial relations.
Pendampingan Hukum LBH dalam Cerai Talak Ghoib: Analisis Yuridis Putusan 956/Pdt.G/2025/PA.Tnk. Malik, Adam Faisal; Lutfi, M.
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.v7i2.6721

Abstract

Context and problems in this study The case of Talak Ghoib Divorce in the Religious Court often faces the complexity of evidence and the procedure for summoning advertisements, becoming a serious obstacle for the poor to access justice (access to justice). This study aims to analyze the strategic role of legal assistance by LBH Advocates in Decision Number 956 / Pdt.G / 2025 / PA.Tnk to guarantee the rights of the Petitioner Muhammad Mujib Bin M.Chomsin in accordance with the Legal Aid Law Number 16 of 2011. Using the juridical-normative case study method, this method is applied to analyze the legal norms and judicial prudential practices of the Panel of Judges. This study found two main things. First, the Panel of Judges applied high judicial prudence, demanding evidence from the Respondent Ghoib for seven years and absolute compliance with the procedure for summoning advertisements (Article 140 RBg) to legitimize the default decision. Second, the role of LBH advocates is instrumental in facilitating administrative requirements (SKTM) and formulating a careful evidentiary strategy, transforming potential procedural failures into effective legal certainty for poor clients. LBH assistance is a functional realization of the principles of access to justice and equality before the law in Religious Courts. The contribution of this research is to present an empirical model of how structural legal aid mitigates procedural inequalities for the poor.
Pengadaan Barang/Jasa Melalui E-Catalogue di Lingkungan Perusahaan Umum Daerah (Perumda) Tirtanadi Sumatera Utara Tanjung, Ahmad Feri; Sianturi, Ronald Hasudungan; Antoni, Jufri; Sagala, Frengky; Ichsan, Datuk Syahlafati
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.v7i2.6484

Abstract

Procurement of goods/services is a crucial aspect in supporting company operations, particularly in ensuring the availability of facilities and infrastructure needed to run services optimally. This study aims to analyze the implementation of procurement of goods/services through the e-catalog system in the Regional Public Company (Perumda) Tirtanadi North Sumatra. E-catalog is a form of electronic procurement that is expected to increase efficiency, transparency, and accountability in the procurement process. The research method used is a qualitative approach with data collection techniques through in-depth interviews, observations, and documentation studies. The results show that the implementation of the e-catalog in Perumda Tirtanadi has been running in accordance with the regulations set by the Government Goods/Services Procurement Policy Agency (LKPP). However, in its implementation there are still several obstacles such as limited human resources who understand the e-catalog system thoroughly, delays in catalog updates by providers, and technical obstacles related to the network system. Nevertheless, the use of the e-catalog has a positive impact in reducing the potential for corruption, accelerating the procurement process, and facilitating monitoring and evaluation. Therefore, regular training and improvement of information technology infrastructure are needed to support the optimization of the e-catalogue-based procurement system within Perumda Tirtanadi.
Penegakan Hukum Pidana Siber di Indonesia: Tantangan dan Solusi Era Digital Rahmadiani, Utami
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6654

Abstract

The acceleration of digitalization in Indonesia has led to a significant rise in cybercrime, posing serious threats to national digital sovereignty, while law enforcement agencies continue to face institutional capacity gaps in responding to the unique characteristics of cybercrime. This study aims to analyze the multidimensional challenges in cyber criminal law enforcement and to formulate strategic solutions that are responsive to the dynamics of contemporary digital crime. The research adopts a normative legal approach through a literature review of relevant legislation, legal doctrines, and official documents. Data analysis is conducted using a descriptive-analytical method, employing systematic, grammatical, and teleological interpretations, supported by a limited comparative approach to best practices in selected international jurisdictions. The findings indicate that cybercrime law enforcement is constrained by limited human resource capacity in digital forensics, weak inter-agency coordination, the volatility of electronic evidence, offender anonymity, and low public awareness of cybersecurity. Law Number 19 of 2016 provides a comprehensive legal framework; however, its implementation is hindered by the transnational nature of cybercrime that exceeds national jurisdiction. The study concludes that a holistic approach is required, including strengthening human resource capacity, standardizing digital forensic infrastructure, reinforcing adaptive regulations, developing a national cybersecurity ecosystem, and enhancing international cooperation. This research contributes an integrative analytical framework that supports the institutional capacity building needed to address increasingly complex digital crimes.
Pemilu Serentak 2029 Pasca Putusan MK: Antara Kepastian Konstitusi Dan Kekacauan Regulasi Saeful Rohman, Prista Kelana
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6664

Abstract

This article aims to analyze the upcoming 2029 simultaneous elections following the Constitutional Court's ruling No. 135/PUU-XXII/2024. The focus is on regulations and the quality of democracy in Indonesia. To approach this issue, theoretical references from constitutional democracy and the theory of the electoral system in Indonesia from 2004 to 2024 are used. Data were collected through a literature review with primary sources being the Constitutional Court's ruling No. 135/PUU-XXII/2024, Law No. 7 of 2017 concerning Elections, and the General Elections Commission (KPU) technical documents and regulations, along with relevant academic literature. All data were analyzed qualitatively using a normative approach to uncover the gap between constitutional norms and their implementing regulations. This study concludes that the Constitutional Court's ruling No. 135/PUU-XXI/2024 was intended to affirm constitutional certainty, but this decision has instead created regulatory chaos because it has not been followed by comprehensive legal reforms. This regulatory vacuum and inconsistency have the potential to undermine election integrity, increase political costs, and threaten the quality of inclusive and accountable democracy in Indonesia ahead of the 2029 elections. As an alternative, a clear transitional design is needed, including scheduling regional elections a maximum of 2.5 years after the national elections, as mandated by the Constitutional Court's ruling. The formulation of transitional norms is needed as a mitigating measure against the potential regulatory vacuum, while also ensuring the order of the legal system during the transition period following the Constitutional Court's ruling. This scheme is expected to maintain the consistency of the principle of simultaneity functionally, provide legal certainty for organizers, and enable synchronization of budget planning and election stages without disrupting the stability of the central and regional governments.

Page 15 of 15 | Total Record : 146

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