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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 143 Documents
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Analisis Yuridis Konsolidasi Tanah Rumagit, Joni; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.652

Abstract

The legal basis for land consolidation in the context of improving the quality of the resedential environtment is based on the nationally regulated lawas and regulations, including Article 33 paragraph (3) of the 1945 Costitution of the Republic of Indonesia, Articles 2, 6, 12, 14 of the UUPA, law No. 1 of 2011 concerning Housing and Settlements, Law No. 32 of 2009 concering Environmental Protection and Management, Law No. 26 of 2007 concerning Spatial Planning and the Head of the National Land Agency issued Regulation of the Head of The National Land Agency Number 4 of 1991 concerning Land Consolidation. The supporting factors for land consolidations in order to improve the quality of residential environtment are the Collaboration between Land Office and several related agencies in the land consolidation. While the inhibiting factor for soil consolidation in order to improve the quality of the residential environtment is the lack of knowlage of land consolidation participants regarding land consolidations.
Perlindungan Hukum Untuk Pemegang Hak Atas Tanah Dengan Kasus Sertifikat Ganda Atas Sebidang Tanah Di Badan Pertanahan Nasional Ginting, Sejahtera Imanuel; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.646

Abstract

Use of land without rights is prohibited. Therefore, there must be the issuance of a certificate of land rights. However, in practice, there is still circulation of land rights that are not in accordance with the provisions of the legislation and one of them is the circulation of cases of overlapping ownership of a plot of land in the community. The issuance of multiple lands by the land office results in dual land certificates, which contradicts land rights controlled by individuals and the principle of legal certainty, legal entities or institutions. This article discusses the forms of protection and legal remedies for land holders, rights regarding several certificate disputes. Based on the study, in practice, the law on the protection of land rights holders is regulated in Article 32 of Government Regulation number 24 of 1997 concerning Land Registration that legal efforts to settle land disputes that can be taken by holders of dual land rights who are harmed can take an out of court/non-judicial route. litigation and litigation/litigation. This article ends with suggestions for real reforms from the bureaucracy of the National Defense Agency and improving the quality of human resources and must know in advance the status of land ownership rights in the event of a transaction in terms of the transfer of land ownership rights so as not to cause problems in the future.
Analisis Yuridis Tata Ruang Pertanahan Dan Tata Guna Pertanahan di Indonesia Berdasarkan Undang Undang Agraria di Indonesia Butar Butar, Tomy Mangaratua; Idham, Idham; Idham, Idham; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.618

Abstract

This study aims to examine juridically the procedures for land management and spatial planning based on the laws governing the form of land management in Indonesia to the applicable rules regarding the procedures for managing land spaces in Indonesia. This analysis uses Primary Sources and Secondary Sources, namely legal materials whose contents have binding legal force originating from books, doctrines, and other materials related to land law. The research method used for research purposes, The general purpose of the research is to find out land use planning and land use in Indonesia, specifically being able to provide information on land spatial planning and land use in general relating to current government regulations, literature sources used for primary and secondary legal materials for discussion and analysis
Analisis Yuridis Konsolidasi Tanah Perdesaan Atas Tanah Ulayat Masyarakat Purba, Cordyn Parulian Tuah; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.655

Abstract

This article or writing aims to find out and analyze the legal rules governing land consolidation and how to carry out the consolidation of rural land on the ulayat lands of indigenous peoples in Samosir Regency. The problem is focused on the legal arrangements governing land consolidation and procedures for implementing land consolidation. To answer the problems in this paper, the theory of the legal system and the theory of legal certainty are used. This research uses normative legal research. In essence, normative legal research is the main legal research considering that the main source of law in the legal system that applies in Indonesia is the law. This study concludes that: The Laws governing Land Consolidation are as follows: (a) Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles; (b) Law no. 17 of 2007 concerning the National Long-Term Development Plan (RPJPN) for 2005-2025; (c) Law no. 26 of 2007 concerning Spatial Planning; (d) Law no. 1 of 2011 concerning Housing and Settlements; (e) Law no. 20 of 2011 concerning Flats; (f) Government Regulation No. 16 of 2004 concerning Land Use; (g) Presidential Regulation No. 2 of 2015 concerning the National Medium Term Development Plan (RPJMN) 2015-2019
Penegakan Hukum Terhadap Kasus Pedophilia Ditinjau Dari KUHP Dan Qanun Jinayat Wardana, Muhammad Noor; Jauhari, Imam; Isnaini, Isnaini
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.867

Abstract

Bases to this study, take then three points of questionable such as; 1) what factors cause taking place pedophilia, 2) how to apply law enforcement to a pedophilia  case on Aceh, 3) what actions to be taken by Syariah Court to minimize pedophilia  criminal case. This study is an analysis descriptive research method with data research approach, to analyze the data of regulations rules regarding pedophilia cases. In collecting the data, adopted library research and field research. Still, in analyzing the data from variously resources, to classify them according to the purpose and aim of conducting the research. All the data that has been gained and classified should be interpreted later. The result indicated that 1) causes of occurrence any pedophilia cases mostly on the effect of environmental such as seeing video with porno, internal factor originally from the actor since he got abnormal sexual desires, external factor there is connecting with social and cultural aspects and due to advancement of technology and informatics. Still, locally, 2) Law enforcement with Qanun Jinayat is ruled in a Qanun Jinayat in Article 46 and 47 to this case one as actor should be sentenced with whips in 90 times  and set fine with 900 gram or jailed for 90 months. 3) in order to minimize pedophilia acts as provided by  Syariah court  with syariat trial which by the execution done before public.
Analisis Yuridis Terhadap Penyelesaian Konflik Pertanahan Di Areal Tanah Garapan Kusuma, Juanda; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.633

Abstract

The problem of land is a very important conflict because it involves the needs of many people's lives to be used as a place to build a house as a place to live, a place of business or as a source of community work. The type of research used in writing this journal is normative juridical research. The point here is a research data based on literature research with legal theory that is specific in the field of land law. Data research is carried out by concluding secondary data which is then carried out with qualitative analysis to review problems based on data and legislation related to the field of land law to obtain a new picture in order to strengthen an existing picture in answering problems which then make conclusions and useful suggestions. . Land problems in Langkat Regency occur because of the lack of awareness and knowledge of the law in the community and poor behavior due to the high linkage of land in meeting the daily needs of the people in Langkat Regency. Resolution of the problems that occur is carried out through mediation at the district land office and if the mediation route fails, generally the problem is continued through litigation (courts).
Analisis Yuridis Tentang Kekerasan Terhadap Anak Didik Di Sekolah Dasar Negeri 21 Padang Sidempuan Lysha, Yeni; Marlina, Marlina; Muazzul, Muazzul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.871

Abstract

This study examines the violence against students in SD Negeri 21 Padang Sidempuan School conducted by teachers, school friends. The forms of violence experienced by students in leaming and learning process are physical and verbal violence, and protection received by students as victims who experience violence and juridical decision taken by the judge to the perpetrators of violence. This study aims to firstly understand the form of legal arrangements for children and teachers; secondly, to know the occurrence of violence against students in primary school Padang Sidempuan, Third, to analyze the application of juridical law by judges on the verdict number 747 / pid.sus / 2015 / Pn psp to perpetrators of violence against students. This study uses normatical juridical research that is to analyze and explain and analyze normative provisions related to the research content. The method used is descriptive analysis with approach to review verdict number 747 / pid.sus / 2015 / pn psps. Data were collected through document studies and literature relating to violence against students and regulations or legislation. Then the data in the analysis is qualitatively normative and interpreted. The results of this study indicate that: 1) the form of arrangements for children and teachers in teaching and learning process refers and guided by Law Number 20 of 2003 on National education system that is, in Article 4 which contains the principles of education and Article 12 contains the rights and obligations leamers. 2) other forms of violence against students in primary schools that are often accepted are discrimination, perpetrated by teachers, sexual assault such as his ass, mocked, physical abuse in the form of physical punishment such as pinched, thrown using chalk, markers towards the face of students, beaten Thighs with ruler. They perpetrate violence to their students by reason of no discipline, noisy in the classroom, not doing the exercises or homework (homework) and not discipline in studying in the classroom .. 3) The application of the law by the judge on the verdict number 747 / pid, sus / 2015 / Pn psp to the perpetrators of violence is fair because the judge only sentenced with imprisonment 3 months and the defendant did not undergo the confinement because the defendant has been serving the trial period for 6 months
Analisis Yuridis Persekongkolan Tender Rehabilitasi Jalan dalam Perspektif Hukum Persaingan Usaha (Studi Kasus Putusan Nomor 14/Kppu.1/2018) Abdul Hafiz Rangkuti; Taufik Siregar; Zaini Munawir
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1201

Abstract

In general, what is said to be conspiring is cooperation carried out by business actors with other parties at the initiative of anyone and in any way in an effort to win bidders. The purpose of the research is to find out and understand how the regulation regarding tender conspiracy according to business competition law in Indonesia, to know and understand the proof of tender conspiracy as well as to know and understand how the application of business competition law in decision Number 14/KPPU.I/2018. The method used in this paper is normative juridical, namely a research method that examines document studies, by using various data such as legislation, legal theory of court decisions.The result of the research written in this thesis is that the regulation regarding tender conspiracy is regulated in Article 22 of Law no. 5 of 1999 and regulated in Perkom No. 1 of 2019, evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled and based on the evidence in Article 45 of Perkom No.1 of 2019 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 is to provide administrative action in the form of a fine to punish the Reported Party I and II in the amount of Rp.1,769,000. 000, which must be deposited into the State Treasury. The conclusion of the arrangement regarding tender conspiracy is regulated in Article 22 of Law No. 5 of 1999 and regulated in Perkom No. 1 of 2019. The evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 provides administrative action in the form of a fine.
Analisis Yuridis Permohonan Pailit PT. Bina Karya Sarana Oleh Kreditur (Studi Putusan No. 6/Pdt. Sus-Pailit/2018/PN.Niaga.Medan) Ilham Rizki Hutabarat; Marsella Marsella; Sri Hidayani
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1206

Abstract

An application for bankruptcy is usually made on the grounds that neither he nor the business activities he carries out are able to carry out all of his obligations. In this case, the factors that cause bankruptcy are because the debtor is unable to pay his debts to one or more creditors whose due date for payment of debt repayments has fallen. The debtor's inability occurs because his debts are greater than his assets. This research uses a normative juridical law research method, the nature of the research is descriptive analytical with a literature study approach and a field study at the Medan Niaga District Court, then analyzed qualitatively. The responsibility of PT. Bina Karya Sarana against creditors who apply for bankruptcy is to pay all debts that exist on creditors with all debtor assets by law as collateral for debtor debts, all debtor assets are in general confiscation from the time the bankruptcy decision is pronounced. The judge's consideration in giving the bankruptcy decision on the decision no. 6/Pdt.Sus-Pailit/2018/ PN Niaga Medan, based on Law No. 37 of 2004 by examining the evidence provided by the applicant, and examining all legal facts that occurred during the trial process and, looking at the related elements Related articles contained in the lawsuit regarding the filing of bankruptcy in a limited liability company.
Tinjauan Yuridis Gugatan Wanprestasi Terhadap BUMN Atas Sengketa Perjanjian Sewa Beli Tanah Dan Bangunan (Studi Putusan No.276/PDT.G/2020/PN Mdn) Rinaldi Ginting; Aulia Rosa Nasution; Mahalia Nola Pohan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1202

Abstract

Default is a condition where the debtor does not carry out his obligations that have been specified in the agreement. In addition to not carrying out its obligations as specified in the agreement, default can also occur where the debtor does not carryout his obligations asstipulated in the law. Research method used is normative yuridicial research, the nature of the research used is descriptive, data collection technique is with do library research and interviews. The results of the study default lawsuit against state owned enterprise on land and buildings sale agreement disputes because where Sumurung Siregar wanted to buy the official house he once occupied but when the installment of the house wascompleted the Director of PT.PLN did not reverse the deed of the official house to the name of Samurung Siregar. So that in this sale and purchase agreement the judge judges by listening to witness statements and examining the existing evidence. From research conducted it can be concluded that the cause of default is that in resolving the default dispute, deliberation must first be carried out so as not to harm the parties if they do not get a solution then go to court.

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