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ARBITER: Jurnal Ilmiah Magister Hukum

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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 138 Documents

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Upaya Imigrasi dalam Penerapan Sanksi Pidana Terhadap Pengguna Dokumen Perjalanan Palsu Jerold, Jerold; Suhaidi, Suhaidi; Isnaini, Isnaini
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study is to find out how the forms of falsification of the Travel Documents of the Republic of Indonesia, how the application of criminal sanctions for the forgeries of the Travel Documents of the Republic of Indonesia according to positive Indonesian law and how immigration actions in overcoming the fraudulent Travel Documents of the Republic of Indonesia occur. The research method used in this research is descriptive analysis, data collection techniques with literature studies and interviews, the types of data are primary data and secondary data, while the data analysis using descriptive cumulative data analysis is descriptive. From the results of research that cases of forgery of Travel Documents of the Republic of Indonesia (passports), can be classified into four forms of forgery of Travel Documents of the Republic of Indonesia (passports): original documents obtained illegally (using false or incorrect data), original documents that have been subjected to changes, documents that are completely falsified (duplication), original documents used by others (Impostor). Articles used in the crime of forgery of passports are article 119, article 126, article 127, article 129. Countermeasures to prevent the falsification of Travel Documents of the Republic of Indonesia, such as by: Issuance of Electronic Passport (e-passport), Photo and fingerprinting process finger recording the applicant's data, interview process when the applicant submits a passport application, Provision of Passport Safety Features.

Analisis Hukum Pencegahan dan Pemberantasan Perusakan Hutan Kaitannya dengan Potensi Kekosongan Hukum dalam Perspektif Penyidikan Tindak Pidana Kehutanan Turnip, Palber; Suhaidi, Suhaidi; Harianto, Dedi; Rafiqi, Rafiqi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The issuance of Law No. 18 Year 2013 concerning the Prevention and Combating DeforestationÂ promulgatedÂ date of August 6, 2013, has declared unplug and do not apply some rules of the offense in Law No. 41 of 1999 on Forestry allegedly can lead to potential Emptiness Law, which can lead to increased threats to forest destruction. Therefore, efforts to fill the legal vacuum intended to reduce the potential destruction of forests. This research is normative juridical typology synchronization research laws and regulations. While the nature of the research is descriptive analitif. From the data collected, analyzed, and then can be concluded that the issuance of Law No. 18 Year 2013 has changed the rules that have been good in Law No. 41 of 1999 which would cause a vacuum in the law with the absence of binding rules to a acts that could destroy the forest.

Analisis Hukum Terhadap Pertanggungjawaban Pelaku Pidana Penggelapan (Studi Kasus Pada Pengadilan Negeri Lubuk Pakam) Manik, Bisker; Mulyadi, Mahmud; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

This study aims to look criminologically and juridically about crime in human actions that compromises the basic norms of society. Actions of elements that break the rules that live and develop in society. This type of research is analytical descriptive of juridical normative, the main material in this research is secondary data which is done by collecting material in the form of: Primary Legal Material, namely legal material in the form of laws and regulations, official documents that have authority related to the problem , namely the Criminal Code. Secondary Legal Material, which is all legal material which is an unofficial document publication including books, scientific works. Tertiary Legal Materials, i.e. materials that provide and explain primary and secondary legal materials, such as public dictionaries, legal dictionaries, scientific journals, magazines, newspapers and the internet that are still relevant to this research, research results and discussions to explain the elements the element of embezzlement consists of elements of subjective offense in the form of a deliberate offender to embezzle the assets of others as defined in the article of the law through the words: intentionally and the element of Oyective violation consists of: anyone's element, element of illegally controlling, object elements, elements partially or wholly owned by others and the object elements there are not for crime.

Kebijakan Hukum Pidana Terhadap Pertanggung Jawaban Pidana Penguasaan Tanah Tanpa Hak Sebagai Tindak Pidana Ringan (Studi Pengadilan Negeri Lubuk Pakam) Br. Sitepu, Selly Regina; Ediwarman, Ediwarman; Marlina, Marlina; Amal, M. Ridha Haikal
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Criminal legal arrangements regarding liability for land tenure without rights are found in the provisions of Article 6 paragraph (1) jo. Article 2 of Law No. 51 / PRP / 1960 concerning Prohibition of Use of Land without a Right of Permit or Proxy, Article 167 of the Criminal Code, Article 385 paragraph (1) of the Criminal Code. Factors causing land ownership without rights are: Lack of community legal awareness and lack of community legal knowledge. The criminal law policy on criminal liability for control of land without rights as a minor crime is in the form of a penalty in which the perpetrators of the criminal act of controlling land without rights can be submitted to court on the basis of committing criminal acts in the form of violations and in the form of non-penal actions in the form of mediation between the mastering actors land without rights with the right owner.

Analisis Hukum Pidana Terhadap Penanggulangan Kejahatan Illegal Logging Di Provinsi Riau (Studi Kasus di Pengadilan Negeri Pekanbaru) Sibarani, Anggiat; Arifin, Syamsul; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

This study aims to look at one of the areas in Riau Province that is experiencing rapid forest degradation, Pekanbaru City, which is the Capital of Riau Province. The existence of forests in Pekanbaru City is only centered on the outskirts of the city and the Greater Forest Park area which is directly adjacent to the Siak Regency and urban forests which are spread in Pekanbaru City. The study was conducted in Pekanbaru City using a normative juridical approach concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. This type of approach emphasizes obtaining information in the form of legal texts relating to the object under study, the data collection tool is literature study and documentation study. The results and discussion in this study found that criminal formulations against illegal logging (Illegal Loging) contained in the Criminal Code, after the enactment of Law Number 41 of 1999 concerning Forestry against acts of utilizing forest products without the permission of the authorities, legal subjects both individuals, legal entities and business entities by not providing further explanation of the formulation of criminal acts so that criminal sanctions against individuals and corporations are also applied equally to criminal sanctions, there are still many weaknesses so that they are unable or ineffective to accommodate the novelty of forest destruction. and provide a deterrent effect for the offender. Prevention and Eradication of Forest Destruction as a solution to prevent and eradicate forest destruction with a policy that is more stringent and strict criminal law.

Analisis Yuridis Peraturan Penjagaan Lembaga Pemasyarakatan Terkait dengan Gangguan Keamanan dan Ketertiban di Lembaga Pemasyarakatan Klas IIb Lubuk Pakam Sembiring, Loviga Ferdinanta; Barus, Utary Maharani; Isnaini, Isnaini
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study is to find out 1) whether the legal protection carried out by prison officers for prisoners is in accordance with Law Number 12 of 1999 concerning Corrections; 2) how is the security system at Class II B Penitentiary in Lubuk Pakam; and 3) What are the obstacles faced in law enforcement in Class II B Penitentiary, Lubuk Pakam. The research method used in this study is empirical normative juridical supported by secondary data and interviews with informants. The results of the study show that: 1) Correctional Institutions are a place to carry out the formation of prisoners and correctional students. 2) Community service and security and order maintenance in Lapas are not yet optimal, the quality of human security officers is low, and 3) Development officers and administrative officers must always be consolidated through coaching officers with concurrent and special meetings/briefings.

Peran Kepolisian dalam Penyidikan Tindak Pidana Korupsi (Studi pada Kepolisian Daerah Sumatera Utara) Siahaan, Herikson Parulian; Marlina, Marlina; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study was to determine how the role of the police in the investigation of corruption, how the authority of the police in investigating corruption and how the obstacles faced by the police in investigating corruption in the North Sumatra Regional Police. This research is directed towards normative juridical legal research or doctrinaire which is also referred to as library research or document study because more is done on secondary data in the library. Normative or doctrinaire legal research proposed in this study is a study of legal principles by conducting research in the North Sumatra Regional Police. The results of the research and discussion explaining the regulation of the role of the police in investigating criminal acts of corruption are found in Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 31 of 1999 concerning Corruption Crimes as amended by Law No. 20 of 2001 and Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, in which of all the arrangements explained that the investigator included in the corruption case was the Republic of Indonesia's National Police Officer.

Analisis terhadap Pencegahan Tindak Pidana Pencucian Uang oleh Bank Negara Indonesia Nugroho, Nur; Sunarmi, Sunarmi; Siregar, Mahmul; Munthe, Riswan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Money laundering can undermine the national economy as it is very closely linked to the belief that one or another country against the policy of the State. Usually money laundering illicit money was made by mixing with legitimate money so that a legitimate business will not compete with companies who are honest, undermining the integrity of the financial markets due to the financial institutions (financial institutions) even rely on the proceeds of crime can face the danger of liquidity; resulting in a loss of government control of the economy of a country whose policies result in lack of confidence in other countries against its policies. In carrying out its supervisory duties USU Bank BNI has implemented Law No. 8 of 20110 on AML with Bank Indonesia Regulation No. 11/28 / PBI / by applying the principle to know the Customer and step in stages in accordance with Circular No. 11/31 / DPNP Year 2009 Standard Guidelines for the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Banks

Aspek Hukum Lembaga Paksa Badan Terkait Penahanan terhadap Debitur Pailit Siregar, Bismar Parlindungan; Ginting, Budiman; Sikumbang, Jusmadi; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The purpose of this study is to look at how regulations regarding forced agency (gijzeling / hostage-taking) based on Articles 209 to 224 HIR and Articles 242 to 258 R.Bg, are things that are contrary to human rights and other related regulations. Normative Juridical Approach, namely research focused on studying the application or rules or norms in positive law. There are 2 (two) data collection methods, namely the library research method and the field research method. The results and discussion through the process of developing regulations that apply to forced agency (gijzeling), at this time, this has been revived with the enactment of the Supreme Court Regulation (PERMA) No. 1 of 2000 concerning Forced Institutions, and has been absorbed by the bankruptcy law itself. The issuance of this regulation created the birth of a situation regarding the regulation of the problem of detention of a debtor in Indonesia, which in general has been regulated in Law No. 8 of 1981 concerning Criminal Procedure Law, it is necessary to have restrictions such as what to implement these two regulations, so that it becomes a differentiator in its enforcement.

Aspek Hukum Pelaksanaan Pengujian Kelayakan Angkutan Bermotor; (Studi Kasus Di Unit Pelaksana Teknis Pengujian Kenderaan Bermotor, Terminal Pinang Baris Medan) Harahap, Romulhan; Ginting, Budiman; Sikumbang, Jusmadi; Jamilah, Jamilah
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Transportation Agency is an organization that serves to held public services in road freight traffic. One of the programs the Department of Transportation that is the setting of public transport (people) through the testing of motor vehicles. Given the need for transport is a top priority in fulfilling the needs of daily life - a good day for work, school, college, and the other, the number of accident victims bring people, besides the risk of air pollution was inevitable. It was all no existence apart from motor vehicles both for public transport and private interests.

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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

Abstract

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Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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