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.
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<![CDATA[Penerapan Pembuktian Terbalik Berimbang Dan Terbatas Pada Harta Hasil Peredaran Narkotika ]]>
<![CDATA[Lingga, Nimrod Gandatua]]>;
<![CDATA[Jauhari, Iman]]>;
<![CDATA[Harianto, Dedi]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i1.868
<![CDATA[The purpose of this research is to know the regulation on balanced and limited reversal of the burden of proof in the legal provisions in Indonesia and implementation of balanced and limited reversal of the burden of proofin the Ruling No. 427/Pid.B/2014/PN.Mdn and the obstacles and efforts in implementing balanced and limited reversal of the burden of proof .The research used juridical normative and descriptive analytic method by analyzing all legal provisions related to the balanced and limited reversal of the burden of proof. The data were gathered by conducting library research and field research method.Based on the research problems, it can be concluded that, the regulation on reversal of the burden of proof has been stipulated in the Indonesian legal provisionsthe process of evidence in the Ruling No. 427/Pid.B/2014/Pn.Mdn does not follow the balanced and limited reversal of the burden of proofthe obstacles in the implementationfrom its, legal substance, legal structure and legal culture.]]>
<![CDATA[Analisis Yuridis Konsolidasi Tanah Masyarakat Hukum Adat di Daerah Perkotaan ]]>
<![CDATA[Khadijah, Siti Nur]]>;
<![CDATA[Idham, Idham]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i2.635
<![CDATA[The existence of customary land rights in Article 3 of the Basic Agrarian Law is a common thing, because along with the territorial rights of indigenous peoples, they existed before the formation of the Republic of Indonesia. However, many problems with land in customary areas that arise in territorial and national sizes will never get a complete settlement without the fair treatment needed as a benchmark for determining the existence of customary rights and their implementation. The existence criteria for establishing customary rights consist of three elements, namely the existence of certain customary rights into the environment, the existence of certain customary law communities, and the purpose of taking the lives of indigenous peoples, and the existence of customary law regarding the maintenance of order, the use of controversial lands that apply and are adhered to by the government. culture. In this study using a normative juridical method. The results of this study show that there are still rules from the community, and there is no regulation on ulayat rights. Customary rights regulations can be a loophole for customary rights, even at the lowest level.]]>
<![CDATA[Akibat Hukum Dikabulkannya Permohonan Pernyataan Pailit Oleh Pengadilan Niaga Medan ]]>
<![CDATA[Sarah, Julaifa]]>;
<![CDATA[Lubis, Elvi Zahara]]>;
<![CDATA[Lubis, Anggreni Atmei]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i2.872
<![CDATA[The purpose of this research is to find out the legal consequences and the judge's consideration of granting the petition for a declaration of bankruptcy in the decision No.03/Pailit/2014/PN.Niaga.Mdn. The type of research in writing this thesis is normative which is solely used to obtain complete data as the basis for writing this scientific paper. Normative research (library study) is finding and collecting data by conducting library research on author sources using normative methods and collecting data by conducting library research on reading sources in the form of Law Number 37 of 2004 concerning UUK and PKPU, Law Number 23 of 1847 concerning the Civil Code, Law Number 8 of 1995 concerning the Capital Market, and the decision of the Medan Commercial District Court No.03/Pailit/2014 PN.Niaga-Mdn, which is a case study approach related to the issues discussed. This study concludes that in bankruptcy cases, legal consequences can be found and the panel of judges in their consideration of the parties is seen from the facts and evidence.]]>
<![CDATA[Yuridis Konsolidasi Tanah Pedesaan Atas Tanah Ulayat Masyarakat Hukum Adat ]]>
<![CDATA[Hutagalung, Bangun Nauli]]>;
<![CDATA[Idham, Idham]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i1.619
<![CDATA[The objective of land consolidation is to achieve optimal land use through increased efficiency and productivity in land use so that it can fulfill the need for an orderly, healthy and orderly residential environment. Give the land owner the opportunity to enjoy the benefits of land consolidation directly. Both land price increases and other pleasures, due to the creation of an orderly environment. Improve the mapping of the results of settlement development so that land owners can enjoy it directly. Avoiding conficts that often arise in conventional land provision. Accelerate the pace of development. Land consolidation village was also found to have misuse of authority from the land consolidation committee at that time. As for the solution to the implementation of land consolidation village for the errors that occurred due to the failure to carry out the land consolidation. The process of resolving the failure that occurred with the land consolidation was the existence of a legal process through the district court, to ensure proof of ownership of the ulayat land which was the object of the land consolidation. If the legal process has been completed, the data may be re-entered for the implementation process.]]>
<![CDATA[Kajian Yuridis Pemanggilan Notaris Sebagai Saksi Terkait Perkara Penipuan dan Penggelapan Di Direktorat Reserse Kriminal Umum Polda Sumut ]]>
<![CDATA[Tambunan, Poltak M.]]>;
<![CDATA[Minin, Darwinsyah]]>;
<![CDATA[Barus, Utary Maharani]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i1.869
<![CDATA[Notary public with an officiating trusted in practicing nowadays has got many attention paid for there are many notary forced to come forward police officer, points related with presumably violated to the deed he/she produced. Provided calling-on Notary by police officer, it is noted in differently status either as official witness or as suspected. Notary as public official is at once also stated professional, in hold the duty his position may play very important role in helping public there at once promote certainty rules. Official of notary public in reality, the appointment is under government also to dismiss out. In conducting the duties, notary is officiating the state charges, and on the deed he/she produced, namely known as minute ( original document in deed ) is perhaps categorized a state document. Public official is any officiating that government appoint and also to terminate under governmental power. In hold the duties is given authority and obligatory to serve public in certainty matters, for in the line of working is conducting as well as governmental authority with authority. Although notary is a public official that government appoint it up and terminate, but in hold the work, a notary is not governmental employee that got salary from government. The regulations No. 8 of 1974 regarding the principles of governmental employees is not applicable to the notary official.]]>
<![CDATA[Kajian Hukum Terhadap Anak Yang Berhadapan Dengan Hukum Dalam Tindak Pidana Pencabulan ]]>
<![CDATA[Sitohang, Edi Santro]]>;
<![CDATA[Suhatrizal, Suhatrizal]]>;
<![CDATA[Trisna, Wessy]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i2.873
<![CDATA[This type of research is normative research, namely research conducted with the aim of examining the application of statutory provisions in realizing justice. The descriptive nature of the analysis leads to normative law. The problems examined in this study are the legal protection of children who commit crimes of sexual abuse and consideration in deciding cases of child molestation which are analyzed from the legal protection of children. To discuss these problems, a library research was conducted and analyzed the decision case number 65 /pid-sus-anak/2015 /PN. Medan, at the Medan District Court. The results and discussion explain the legal protection of children who commit crimes of sexual immorality and the judge's considerations in deciding cases of child molestation, that the judge frees the defendant from all lawsuits from the crime of sexual abuse that the child has committed.]]>
<![CDATA[Analisis Yuridis Konsolidasi Tanah Pedesaan Atas Tanah Ulayat Masyarakat Hukum Adat ]]>
<![CDATA[Manik, Regen]]>;
<![CDATA[Idham, Idham]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i1.651
<![CDATA[The implementation of rural land consolidation is carried out in accordance with the existing stages, as well as with the existing implementation instructions. The implementation of land consolidation has benefits for landowners affected by consolidation, among others: land becomes organized in terms of shape, area and location, increased benefits and value of land, the environment is well organized, does not incur costs, and the availability of public facilities for the common good. The benefits received by the government include: making it easier for the government to carry out development projects according to the spatial plan, creating areas in accordance with the principles of environmental management, which means there is legal certainty for development in accordance with the designation of the land or area. Another benefit is that it really helps the land certification process as an orderly land administration and the location of the object of consolidation can be made a map. The obstacles that occur in the implementation of land consolidation are the land area is not in accordance with the attached SPPT (Tax Notice Payable), then the settlement of these obstacles the consolidation implementation committee re-measures the parcel of land.]]>
<![CDATA[Analisis Hukum Terhadap Peran Jurusita Pajak Dalam Pelaksanaan Penagihan Pajak Aktif Di Kantor Pelayanan Pajak Madya Medan ]]>
<![CDATA[Panjaitan, Monica Christina]]>;
<![CDATA[Muazzul, Muazzul]]>;
<![CDATA[Barus, Utary Maharani]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i1.870
<![CDATA[The results of research and discussion explain the role of tax authorities in the implementation of active tax collection in the Medan Tax Office Medan to taxpayers after the first passive billing. Then in the implementation of active billing there are several stages in the implementation of billing, the issuance of warning letters, the issuance of forced mail, warrants foreclosure, and announcement of the auction. The procedure of execution of active tax collection by the tax authorities in Medan Tax Office Medan has been in accordance with the rules and applicable law. However, in terms of disbursement of tax arrears is still not optimal due to the realization of the target set has not been achieved.]]>
<![CDATA[Mekanisme Penetapan Hak Atas Tanah Dan Penataan Tanah Terlantar Dilihat Dari Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 4 Tahun 2010 ]]>
<![CDATA[Marta, Andhyka]]>;
<![CDATA[Idham, Idham]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i2.693
<![CDATA[Article 1 of the UUPA No. 5 of 1960 explains that the entire earth, water and space, including the natural resources contained therein in the territory of the Republic of Indonesia as a gift from God Almighty in the form of earth, water and space, are national assets. Land is a gift from God Almighty given to humans to be managed, used and maintained as well as possible as a source of life and livelihood. Land abandonment is an act that is unwise, uneconomical with the intention of losing the economic potential of the land, is unfair, and is a violation of the obligations that must be carried out by rights holders or parties who have obtained the basis for land tenure. The author uses a normative juridical approach as the type of research used with the details of the research used is descriptive analysis. The data collection technique used is literature study. The author uses data analysis, namely qualitative data analysis. To develop the use of land in Indonesia, the National Land Agency enacted Regulation of the Head of the Land Agency Number 4 of 2010 which regulates procedures for controlling abandoned land.]]>
<![CDATA[Analisis Hukum alih fungsi Tanah pertanian menjadi pembangunan Pemukiman dan Perumahan ]]>
<![CDATA[Purba, Master Sahat]]>;
<![CDATA[Idham, Idham]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v3i2.636
<![CDATA[This research is a juridical analysis research on agricultural land that has changed functions for housing development by the local government. The transfer of agricultural land functions, especially in the district capital area, is in accordance with the regional spatial plan based on Regional Regulations. This is done for the smooth running of the government and to ensure the welfare of the people. The application of shifting the function of agricultural land for housing development is adjusted to the regional spatial plan. The policy taken regarding the transfer of agricultural land to non-agricultural functions of course still provides legal protection and pays attention to the rights of the community, especially people who work in the agricultural sector.]]>
