ARBITER: Jurnal Ilmiah Magister Hukum
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.
Articles
138 Documents
<![CDATA[Analisis Hukum Terhadap Pembinaan Anak Pidana Di Lembaga Pembinaan Khusus Anak Kelas I Medan ]]>
<![CDATA[Silalahi, Andre]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Eddy, Triono]]>;
<![CDATA[Nasution, Aulia Rosa]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (286.068 KB)
|
DOI: 10.31289/arbiter.v1i1.102
<![CDATA[This study aims to examine how the process of fostering criminal children is carried out by the Special Class Fostering Agency for Children in Medan, what are the obstacles faced in the implementation of fostering of criminal children and how the efforts made to overcome the problems of fostering criminal children in the Class I Special Guidance Institution . This research is normative juridical legal research and also empirical or sociological legal research, which examines library materials relating to the fostering of criminal children in the Class I Special Child Development Institute (LPKA) Medan. It was found that fostering prisoners and students is a heavy and noble task, not everyone is able and interested in the life of prisoners. And there are regulations and the fostering process for criminal children in Class I Special Guidance Institutions in Medan. The obstacles faced in the implementation of coaching activities in the Special Guidance Institution for Class I Children in Medan are originated from the factors of education, coaches, motivation and facilities and infrastructure; While the efforts made to overcome these obstacles include making improvements including aspects of education, coaches, motivation, and facilities and infrastructure.]]>
<![CDATA[Mediasi Sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan Nomor. 52/PDT.G/2015/PN.RAP) ]]>
<![CDATA[Hikmah, Nur]]>;
<![CDATA[Minin, Darwinsyah]]>;
<![CDATA[Isnaini, Isnaini]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (262.606 KB)
|
DOI: 10.31289/arbiter.v1i2.122
<![CDATA[Peace is the most gentle answer as well as a win-win solutin, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the implementation and mechanism in the selection of Mediators at the District Court Rantauprapat and how the results of mediation on civil cases Number.52 / Pdt.G / 2015 / PN.Rap generated from the mediation process, the aim is to know and simultaneously find the law of mediation as an alternative to civil disputes settlement in the Court and to know the implementation and mechanism of the selection of Mediator in Rantauprapat District Court and meganalisis the decision of civil case Number.52 / Pdt.G / 2015 / PN.Rap resulting from the mediation process]]>
<![CDATA[Analisis Hukum Pemberian Remisi Terhadap Narapidana di Lembaga Pemasyarakatan Klas II A Binjai ]]>
<![CDATA[Sastro, Heru Prabowo Adi]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Eddy, Triono]]>;
<![CDATA[Nasution, Aulia Rosa]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (275.858 KB)
|
DOI: 10.31289/arbiter.v1i2.117
<![CDATA[The study was conducted to determine the Supervision of Remission Against Prisoners in Class II A Binjai Penitentiary. The nature of the study is normative juridical. Literature and document study material is used as the main material while field data will be used as supporting or supplementary data. The collected data is sorted and analyzed judicially and qualitative data are interpreted logically systematically by deductive and inductive methods. The results showed that the implementation of remission to prisoners experienced a shift both from the understanding, criteria, and objectives. According to the provisions, the original remission was the right of prisoners, shifted into a kind of gift given by the government, and finally shifted to an arena of buying and selling interests. As a result of this shift, there has been a blurring of the legal rules for granting remissions that automatically impacted their supervision. In addition, the implementation of remission is a prisoner's right and also as a stimulus so that prisoners are willing to undergo coaching to change behavior in accordance with the objectives of the Penal System. The supervisory system for remission in Penitentiary involves Penal Institutions which starts from the Penitentiary Technical Implementation Unit, Regional Office of the Ministry of Justice and Human Rights to be forwarded to the Directorate General of Corrections, also involving Supervising Judges and Observers.]]>
<![CDATA[Pembebasan Bersyarat Bagi Narapidana Di Lembaga Pemasyarakatan Klas II B Lubuk Pakam ]]>
<![CDATA[Situmorang, Edward Pahala]]>;
<![CDATA[Barus, Utary Maharany]]>;
<![CDATA[Isnaini, Isnaini]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (284.463 KB)
|
DOI: 10.31289/arbiter.v1i1.112
<![CDATA[This study aims to look at the implementation of imprisonment for prisoners and how the implementation of parole for prisoners as well as what are the obstacles and efforts in the implementation of parole for prisoners. The method of approach used in this research is normative juridical, which is an approach that emphasizes searches and library materials. Conditional release is the process of fostering prisoners outside Penitentiary after undergoing at least 2/3 of his sentence with a stipulation of 2/3 of the criminal period of at least 9 months. Obstacles that occur in the Conditional Release by the Class II Correctional Institution B Lubuk Pakamadalah Tightening parole for prisoners related to Government Regulation Number 99 of 2012 contrary to Law Number 12 of 1995 as stated that each prisoner is entitled to the same treatment as the right to obtain parole.]]>
<![CDATA[Pelaksanaan Tugas Dan Wewenang Dinas Ketenagakerjaan Dan Transmigrasi Kota Medan ]]>
<![CDATA[Marpaung, Rolando]]>;
<![CDATA[Marbun, Jaminuddin]]>;
<![CDATA[Zul, Muaz]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (316.557 KB)
|
DOI: 10.31289/arbiter.v2i1.110
<![CDATA[Labour inspection is done to monitor compliance with labor legislation that is operationally carried out by labor inspectors from the Department of manpower and transmigration of Medan which is also based on chapter XIV of Law No. 13 Year 2003 on Manpower. This study used qualitative research methods and naturalistic. Based on the results of the study found many workers in the city of Medan who have not received the basic rights in accordance with Law No. 13 Year 2003 on Manpower including non-payment of wages according to the minimum wage, termination of employment (FLE) and payment of overtime pay that does not comply with the provisions by employers. These workers feel their rights are not protected by the government, particularly the Department of Manpower and Transmigration as official employment field.]]>
<![CDATA[Tinjauan Yuridis Peranan Pemerintah Daerah Dalam Mewujudkan Pemerintahan Yang Baik Dalam Bidang Perizinan Pariwisata ]]>
<![CDATA[Pratama, Amri]]>;
<![CDATA[Minin, Darwinsyah]]>;
<![CDATA[Isnaini, Isnaini]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (271.914 KB)
|
DOI: 10.31289/arbiter.v1i1.103
<![CDATA[The purpose of this study is to examine the tourism sector that is continuously being developed by the government as a pillar of national development because it is able to sustain the national economy when the world is experiencing a crisis. In Law Number 10 Year 2009 it is stated that tourism development is needed to encourage equal opportunity to try and benefit and be able to face the challenges of changing local, national and global life. Medan City as one of the autonomous regions in Indonesia which when viewed in terms of spatial planning, then almost 70% is a densely populated residential area. The growth of the tourism sector in the city of Medan, does not originate from natural tourist attractions like other areas in general, but rather to city tourism, such as nightclubs, hotels, hangout places, cafes, restaurants and salon and spa places. The industry has become one of the reliable projects of the City of Medan to increase regional revenues of the City of Medan. The tourism license of the City of Medan has been regulated in law No. 19 of 2009 concerning Tourism, Law No. 23 of 2014 concerning Regional Government. And Regional Regulation of Medan City No. 4 of 2014 concerning Tourism. The role of the local government in realizing good governance in the field of tourism is to provide infrastructure, expand various forms of facilities and regulate and promote the public both at home and abroad in matters relating to the tourism industry in the city of Medan]]>
<![CDATA[Analisis Yuridis Atas Penggabungan PT Taspen (Persero) dan PT Asabri (Persero) pada Badan Penyelenggara Jaminan Sosial ]]>
<![CDATA[Putra, Wahyudi Prima]]>;
<![CDATA[Suhaidi, Suhaidi]]>;
<![CDATA[Leviza, Jelly]]>;
<![CDATA[Marsella, Marsella]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (325.268 KB)
|
DOI: 10.31289/arbiter.v2i1.98
<![CDATA[The transformation becomes an important vocabulary since last seven years in Indonesia, precisely since the enactment of the National Social Security System (Social Security Act) on October 19, 2004. Persero four state-owned social security program organizers PT Askes, PT Asabri, PT Jamsostek and PT Taspen will be transformed into BPJS . Asabri program is part of the rights of soldiers and police members on a decent income. Asabri programs and programs pension payments transferred by Asabri PT and old age savings program and programs pension payments transferred from TASPEN PT is part of the program in accordance with that law. With the inclusion of informal workers in the social security system which has clearly not been recorded, it will take time and a very large cost.]]>
<![CDATA[Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen ]]>
<![CDATA[Sipayung, Iskandar Muda]]>;
<![CDATA[Kamello, Tan]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Kartika, Arie]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (271.836 KB)
|
DOI: 10.31289/arbiter.v1i2.118
<![CDATA[This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.]]>
<![CDATA[Perlindungan Hukum terhadap Investor dalam Perjanjian Jual Beli Saham Dengan Hak Membeli Kembali (Repurchase Agreement) Yang Diperjualbelikan PT. OSO Securities Cabang Medan ]]>
<![CDATA[Sandrawati, Erna]]>;
<![CDATA[Siregar, Mahmul]]>;
<![CDATA[Isnaini, Isnaini]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (276.74 KB)
|
DOI: 10.31289/arbiter.v1i2.113
<![CDATA[The purpose of this study is to find out how the position of the agreement in the sale and purchase of shares with repurchase rights (REPO) in law in Indonesia, whether the sale and purchase agreement of shares with repurchase rights (REPO) has protected the interests of investors, as well as how the settlement of disputes in the sale and purchase agreement shares with repurchase rights (REPO) between issuers and investors by PT. OSO Medan Branch Securities. The method in this research is a normative juridical legal method with qualitative analysis. From the results of the study, it was found that the sale and purchase agreement of shares brokered by PT. OSO Sekuritas is a form of agreement or contract which must comply with the provisions in the Civil Code in general and specifically must comply with the laws and regulations relating to REPO. In the share sale and purchase agreement brokered by PT. OSO Sekuritas has provided legal certainty and protection to investors because in the agreement clause the form of protection has been explained. Settlement of disputes that occur between the parties in the REPO share-purchase agreement brokered by PT. OSO Sekuritas, contained in the agreement clause, which is an agreement for mediation and deliberation as well as resolving issues through the capital market arbitration body, if deliberation is not reached.]]>
<![CDATA[Politik Hukum Pidana Terhadap Penanganan Tindak Pidana Pencurian dengan Kekerasan yang Terjadi di Jalanan Kota Medan ]]>
<![CDATA[Sianturi, Jon Efendi]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Siregar, Taufik]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (275.629 KB)
|
DOI: 10.31289/arbiter.v2i1.123
<![CDATA[The occurrence of a crime generally occurs due to causes outside the law. The problem in this research is to find the cause of criminal theft with street violence in Medan city. Applying the formulation of Criminal Political Law Policy to the Crime of theft with Violence on the streets and knowing the effort to overcome the crime of theft with street violence in Medan City by Medan City Police Resort. The research method used is the normative juridical method, with the leper approach (library reseacrh) that collects the data source from literature literature. Factors causing violent crime in Medan City can be categorized of psychology of the perpetrator, external factors composed of environment, economy, victims. Efforts made by the Medan City Police Officers in Countering Crimes of Violence, Creating Police Stations as Public Complaints Facility]]>
