cover
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
ARBITER: Jurnal Ilmiah Magister Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27221865     DOI : 10.31289
Core Subject : Social,
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
Pertanggungjawaban Perusahaan Asuransi Terhadap Pemegang Polis Yang Mengalami Status Polis Lapse (Kehilangan) Akibat Kelalaian Agen Dalam Pembayaran Angsuran Premi (Studi Kasus Putusan No.320/Pdt.G/2019/PN Mdn) Riska Fitriani Siregar; Muhammmad Citra Ramadhan; Marsella Marsella
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.v4i1.1207

Abstract

In Insurance there is an insurance agreement, explained in the Civil Code: there is an "agreement" which is a condition that must be fulfilled for an agreement to be valid, an insurance agreement will form a legal relationship that is reflected in the agreement, an agreement that regulates terms and obligations, the importance of insurance in its development to advance the development of insurance. Paying premiums is not on time, so the insurance claim submitted is rejected by the company, because it is already in a state of lapse. Not paying is not the insured's fault, but the agent's fault for not depositing the premium to the company. This study aims to determine how agents are arranged in insurance companies in Indonesia and how are insurance companies accountable to customers who experience policy lapse due to agent negligence in paying premiums (Decision No.320.G/2019/PN Mdn). The research method of this thesis was carried out based on reading sources, laws, books, internet, journals, field research, directly conducting research to the Medan District Court with interviews. The results of the study explain that the defendant (PT. Prudential life Assurance) is completely irresponsible and there is no good faith towards the plaintiff (yurnawilis) claiming the insured late. Ambun Sari (the plaintiff's biological mother), the case was also declared obscuur libel (blurred) posita and the plaintiff's petitum are not related, it does not mean that the defendant is not responsible for the insurance claim.
Penegakan Hukum Oleh Polri Terhadap Pelaku Tindak Pidana Judi Online (Studi Pada Kepolisian Daerah Sumatera Utara) Yundha Kurniawan; Taufik Siregar; 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.v4i1.1203

Abstract

Law enforcement is carried out by law enforcers. The implementation of the law in society, apart from depending on the legal awareness of the community, is also very much determined by law enforcement officials. Law enforcement by the Indonesian National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out in accordance with the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the Police. The increasing mode of online gambling crimes is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in revealing perpetrators of online gambling crimes. Lack of identity of perpetrators and lack of witnesses. Lack of evidence in the filing process. Lack of cooperation between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation between the Police and the Public Prosecutor in the process of investigating online gambling crimes.
Modus Pemanfaatan Koperasi dalam Tindak Pidana Pencucian Uang Beby Suryani Fithri; Windy Sri Wahyuni; Arie Kartika
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.v4i1.617

Abstract

The cooperative's utilization mode is intended to disguise or obscure the proceeds of crime in the crime of money laundering. Money laundering through cooperatives is another criminal act that has been accommodated as an initial crime in law number 8 of 2010. Normative legal research with secondary legal sources and qualitatively analyzed is the research method used in this paper. The impact of money laundering mainly has an impact on the collapse of the community's economy and slows down the pace of national economic growth. The mode of use of cooperatives for money laundering is an iceberg phenomenon that must be handled seriously through strengthening related policies and community participation.
Aspek Hukum Terhadap Perjanjian Jual-Beli Rumah Secara Kredit Kepemilikan Rumah (KPR) di Perum-Perumnas Terhadap Konsumen (Studi di Perum Perumnas) Ronny Malemta Ginting; Marsella Marsella; Wessy Trisna
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.v4i1.1204

Abstract

In this era, the government pays more attention to improving people's welfare, especially low-income groups, because low-income is one of the most common jobs in Indonesia today. Subsidized Home Ownership Loans (KPR) are loans provided by banks and are part of a government program. The subsidy will depend on the level of credit or down payment. Number according to law. Presidential Decree No. 1 of 2011 concerning Housing and Settlements, low-income communities receive home ownership support through facilitation policies and/or help build and buy houses. The formulation of the problem in this thesis is how the legal procedure for the house sale and purchase agreement with home ownership credit (KPR) at PERUM PERUMNAS and what form of settlement, if there is a default on the home sale and purchase agreement on home ownership credit (KPR) at PERUM PERUMNAS. The legal research method used is normative juridical which is descriptive. The research location was conducted at PERUM PERUMNAS MARTUBUNG PERUM-PERUMNAS MEDAN (GRIYA MARTUBUNG) Jalan Tuar Raya No. 03 Griya Martbung, (20252) Medan. The data used consists of primary and secondary data. The data was collected by the method of literature study and field study. The data that has been collected was analyzed qualitatively. The nature of the research conducted is the nature of the research with descriptive analysis. Based on the results of the author's research, what is done is the legal procedure for the home sale and purchase agreement by means of a home ownership loan (KPR) at PERUM PERUMNAS, which is carried out by a credit agreement and a form of settlement, in the event of a default on the buying and selling activities of a house on a home ownership credit (KPR). at PERUM PERUMNAS, namely conducting an auction.
Kajian Hukum Pencemaran Danau Siombak Atas Dampak Pembuangan Bangkai Babi Yang Terkena Virus Hog Cholera Ditinjau Dari Aspek Lingkungan Hidup Undang Undang Nomor 32 Tahun 2009 (Studi Di Lingkungan Hidup Kota Medan) M.Yusril Mahendra Butar-Butar; Ridho Mubarak; Revi Fauzi Putra Mina
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.v4i1.1231

Abstract

A good and healthy environment is the basic right of every Indonesian citizen as stated in Article 28 H of the 1945 Constitution of the Republic of Indonesia. The environment is a spatial unit with all objects, forces, conditions, living things, including and their behavior, which affects nature. itself, continuity in life and welfare. Based on the above background, the problems that will be examined in this study are as follows, How is the criminal responsibility that has contaminated the pig disposal in the area of Lake Siombak based on Law Number 32 Year 2009, and How is the means of supporting obstruction in law enforcement efforts against perpetrators environmental crime. environmental crime is contained in the formulation of law no. 32 of 2009 concerning protection and management of the environment in the form of administrative sanctions, criminal sanctions and civil sanctions, so the supporting facilities in this case of environmental pollution are the police conducting patrols in the area of Medan city law as well as briefing the regional government. Medan city community to inform if there are breeders affected by the hog cholera virus.
Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi Jihan Fadzillah; Zaini Munawir; Marsella Marsella
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.v4i1.1205

Abstract

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.
TINJAUAN YURIDIS KLAUSULA BAKU DALAM PERJANJIAN KEMITRAAN CV. BERKAH MAJU REJEKI DENGAN PETERNAK AYAM BROILER ( Studi pada Kia Jaya Bersama Farm di Deli Serdang) Adist Ayudistira; Marsella Marsella; Ridho Mubarrak
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1378

Abstract

Although the government has issued various policies that can help plasma growers, the partnership model that appears in reality is a standard agreement or standard, and plasma growers have no freedom to negotiate the content of the agreement. The research methods is a normative law with analytical descriptive. The research methods are Library Research, namely research conducted based on reading sources, namely laws, books, scientific research, mass media, legal journals related to the material discussed in this mini-thesis. In this research there are primary data and secondary data and Field research, that is, direct research in the field. In this case, the researchers interviewed CV. BerkahMajuRejeki and Kia Jaya Bersama farms directly. As is obtained from further research begins qualitatively.  The research results obtained are The standard clauses in the cooperation agreement between Kia Jaya Bersama and CV. BerkahMaju Rejeki loss caused that must be borne by Kia Jaya Bersama Farm itself, and the company did not provide a solution. Therefore, the author believes that the terms of this partnership agreement do not provide the same benefits and advantages for both parties.
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 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1377

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.
AKIBAT HUKUM ATAS PERJANJIAN JUAL BELI TANAH DENGAN HAK MEMBELI KEMBALI (Studi Putusan No. 38/Pdt.G/2019/PN.Bdw) Diandra Alifa Risha; Rafiqi Rafiqi; Arie Kartika
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1376

Abstract

The sale and purchase agremeent with the right to repurchase is the power to the buy back goods that have been sold a rising from an agremeent which the seller is given the right to take back the goods he sells, by returning the original purchase price accompained by compensation in the form of costs incurred to carry out the purchase, as well as costs for carrying out the purchase make corrections (Article 1519 KUHPerd). Land is object of research in the form of immovable objects. The problems in this study are the legal consequences of the sale and purchase agreement of land with the right to buy back, the judge’s considerations are related (Verdict Studies Number 38/Pdt.G/2019/PN.Bdw).The research is a normative juridical law researcch, positive law that leads to normative legal research, using secondary data sources obtained from statutory regulations and literature materials related to me object of the research problem. The results show that the legal consuquences of buying and selling land with the right buy back are the seller hs the right buy back goods he sells because of an agreement to return the money to the buyer as a replacement money as a reffered to (Article 1532 KUHPerd). Meanwhile the judge’s considerations regarding the sale and purchase of has complied with the provisons of the applicable laws and regulations.
PENEGAKAN HUKUM TERHADAP PELAKU PELANGGARAN LALU LINTAS AKIBAT KELALAIAN YANG MENGAKIBATKAN KEMATIAN (Studi Putusan Nomor: 241/Pid.sus/2018/PN.Mdn) Samuel Manik; Aulia Rosa Nasution; Arie Kartika
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i2.1379

Abstract

Traffic violations cannot be left alone because based on available data most of the occurrence of traffic accidents are caused by the human factor of road users who do not comply with traffic regulations but there are still many causes outside of human factors such as broken tires, failed brakes, roads holes and so on. The problems in this study are criminal threats against traffic violations due to negligence resulting in the death of others, what factors cause negligence in traffic accidents that result in other people's death and law enforcement efforts against traffic offenders due to negligence causing death.The research method uses a type of empirical normative law. The nature of the research used is descriptive analysis. Data collection techniques using library research and field studies. Data analysis used qualitative analysis.The results of the study that the cause of negligence in traffic accidents that resulted in other people's death in the form of human negligence factors, inappropriate vehicle factors resulting in accidents, weather factors could not determine it then the road factor where it was damaged there would be many traffic accidents. Law enforcement provided in the form of preventive or preventive and repressive. The conclusion that the criminal threat to traffic violations due to negligence resulting in the death of another person is regulated in Article 359 of the Criminal Code for a maximum imprisonment of five years or a maximum confinement of one year and criminal sanctions are regulated in Article 310 Paragraph (4) of Law No. 22 of 2009 concerning Road Traffic and Transportation is a criminal offense for 6 (six) years. Factors that cause negligence in traffic accidents that cause other people to die are human factors, vehicle factors, weather factors, and road factors. Efforts to enforce the law against traffic violations due to negligence causing death, one of which is prevention and repressive efforts.

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