cover
Article Per Year (5 Year)
All
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
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
 6   7   8   9   10 
KAJIAN YURIDIS RESTORATIVE JUSTICE TERHADAP PELAKTINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN ORANG MENINGGAL Muhammad Andika Bahri; Rizkan zulyadi; Wessy Trisna
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.v4i2.1370

Abstract

Restorative justice is an approach to settling a case by means of deliberation and consensus to restore the parties, especially the victims. The author reviews the decision number 478 / Pid.Sus / 2017 / Pn.Mdn. In the verdict it has an elemental value from a restorative justice, namely the existence of an apology from the victim, restitution or ransom of compensation, and relief of criminal penalties. According to Law Number 22 Year 2009 concerning Road Traffic and Transportation, the regulation of legislation and the consequences of compensation laws or peace efforts to victims of traffic accidents. The status of the related party in the case of a traffic accident after giving compensation to the victim or his heirs is not miscarried as stipulated in article 235 of Law Number 22 Year 2009 concerning Road Traffic and Transportation. The role of law enforcers in providing compensation to victims of traffic accidents is not really needed unless there is a special request from one of the parties.
TINJAUAN YURIDIS PERKAWINAN ADAT SUKU ANAK DALAM DENGAN PERKAWINAN SECARA PERDATA DI KABUPATEN SAROLANGUN JAMBI (Studi Pada Kantor Camat Air Hitam Kab. Sarolangun, Jambi) William Vincent Purba; Zaini Munawir; Sri Hidayani
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.v4i2.1373

Abstract

The purpose of the study was to find out the legal arrangements in marriage based on customary law and civil law, to determine the impact on the rights of children born in tribal marriages, using data sourced from primary data, secondary data, tertiary data, data collection techniques namely by library research collecting data from books, dictionaries, scientific works, conducting direct interviews with traditional leaders and to the Air Hitam sub-district office, Sarolangun Regency, Jambi. From the results of the research that has been carried out, the authors draw the conclusion that legal arrangements in customary law marriages and civil law are arrangements in marriage based on customary law, marriages carried out on the basis of customary law norms certainly cannot be seen as a violation of rules according to national law because marriage is legal, but on the other hand in this case the government has other rules that must be followed. The impact on the rights of children born in tribal marriages, there will be discriminatory treatment of marriages that are not registered at the Civil Registry Office. The legal consequences, one of which occurs in birth certificates for children whose marriages have not been registered, where the names of the father and mother can be written on the certificate, related to the rights of the child born regarding the division of inheritance in the Tribe of Children. but the absolute right of parents in dividing the share
PERLINDUNGAN HUKUM BAGI PENYIMPAN UANG DALAM BENTUK DEPOSIT DI BANK (Studi Pada PT. Bank SUMUT KC Kampung Lalang) Raysa Anjani; jamilah jamilah; aldi Subhan
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.v4i2.1374

Abstract

Legal protection to customers is a very important matter to the depositors’ for their deposits and the bank’s own interests. In the sector’s bank cann not be separated from various kinds of risks thay may arise , such as credit risks and market fluctuation risk and other risks. 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 thesis.. Field Research is to conduct research directly on the field. In this case, the researchers interviewed PT. SUMUT Bank of branch office Kampung Lalang directly. As is obtained from further research begins qualitatively. The result of the research is about Legal Protection For Money Depositors In The Form Of Bank Deposits is Bank SUMUT periodically conducts a comprehensive review of the management system the company’s risk refers to the applicable regulations, namely, the law authority regulations finance number 18/POJK.03/2016. And Bank SUMUT has a regarding acceptance and identification of prospective customer data and the existence of this standart guide outlines general public policy, , admission procedure, and identification of problems , monitoring, and reporting, employee training.
Perspektif Asas Keadilan Terhadap Pekerja/Buruh yang di Putus Hubungan Kerja (PHK) yang diatur dalam Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Jo Peraturan Pemerintah Nomor 35 Tahun 2021 (Putusan Pengadilan Negeri Serang Nomor 3/Pdt.Sus-PHI/2018/PN.Srg dan Putusan Pengadilan Hubungan Industrial pada Pengadilan Negeri Serang Nomor 111/Pdt.Sus-PHI/2021/PN.Srg) Pandri Zulfikar; Saparudin Saparudin
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.v4i2.1477

Abstract

This article aims to find a fair view of workers/labourers regarding the value of severance pay when workers are affected by Termination of Employment (PHK) which has been regulated in Law Number 1 of 2020 concerning Job Creation in conjunction with Government Regulation Number 35 of 2021. Linked to Court Decisions Serang District Number 3/Pdt.Sus-PHI/2018/PN.Srg and the Decision of the Industrial Relations Court at the Serang District Court Number 111/Pdt.Sus-PHI/2021/PN.Srg. The purpose of this study is how to regulate laid-off workers/labourers in terms of providing severance pay, service pay and compensation in Law Number 11 of 2020 concerning Job Creation which has been regulated in Law Number 1 of 2020 concerning Job Creation. Government Regulation Number 35 of 2021. Relates to the Serang District Court Decision Number 3/Pdt.Sus-PHI/2018/PN.Srg and the Industrial Relations Court Decision at the Serang District Court Number 111/Pdt.Sus-PHI/2021/PN.Srg realize the principle of justice to Workers/Labourers. The research method used is empirical normative juridical with primary and secondary data. Research results Efforts to realize the principle of justice regarding the provision of severance pay, service pay and compensation in Law Number 11 of 2020 concerning Job Creation is to revise Article 156 paragraph (1) and paragraph (4) of Law Number 11 Year 2020 regarding Job Creation in conjunction with Government Regulation Number 35 of 2021 Work Agreements for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment. by involving the participation of Trade Unions and employers.
Tanggungjawab Pelaku Usaha di Marketplace Shopee Atas Refund tidak Terealisasi: Perspektif Kompilasi Hukum Ekonomi Syariah Atika Farha Siregar; Sahliah Sahliah
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1658

Abstract

One common occurrence in online buying and selling is that the item may be damaged or not match the description provided. Shopee, a marketplace, offers a refund feature for consumers to return the goods or request a refund if this happens. However, not all refunds are successful. The aim of this study is to determine the factors that contribute to unsuccessful refunds and to examine the responsibilities of business actors in the shopee marketplace for refunds that are not realized according to the principles of sharia economic law. The research approach used in this study is empirical research with both the Living Care Studies Approach and Conceptual Approach approaches. The research is of a descriptive nature, and data was collected through observation and interviews. The findings indicate that the reason for unsuccessful refunds is the lack of responsibility of business actors. According to the Compilation of Sharia Economic Law, business actors must be held accountable for refunds that are not realized. Article 38 of the law outlines various forms of responsibility, such as paying compensation, cancelling contracts, transferring risk, imposing fines, and paying court fees. When a consumer requests a refund and does not receive the full amount paid for the goods or receives no payment at all, Shopee and the seller should refund the consumer the amount corresponding to the cancellation of the sale or purchase, or provide a replacement for the damaged item with a new item. Therefore, Shopee should pay attention to the policy regarding refunds for online buying and selling transactions to ensure that neither party is harmed, particularly consumers.
Fenomena Peningkatan Permohonan Isbat Nikah di Pengadilan Agama Sibuhuan Tahun 2020-2021 Marwah Amelia Sari Harahap; Imam Yazid
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1609

Abstract

Couples who cannot prove their marriage with a marriage certificate can submit a marriage certificate application to the Religious Court. This study aims to determine the factors causing the increase in applications for marriage certificates in the Sibuhuan Religious Court. The problem is focused on increasing applications for marriage certificates at the Sibuhuan Religious Court for 2020-2021. The data were collected through a field approach and literature were analyzed qualitatively using a Juridstic Empirical type of research. It was found that in the practice of carrying out marriages there are still many people who do not have a marriage certificate due to negligence in recording marriages. Then, with the increase in public legal awareness regarding the ownership of marriage certificates so that people are very enthusiastic about legalizing their marriages which were not originally recorded in countries with marriage certificates. There is an integrated marriage registration program with an easy submission process, fast completion, low cost and even free for the less fortunate. The facts that have been mentioned are the factors causing the increase in applications for marriage certificates in 2020-2021 at the Sibuhuan Religious Court.
Pengaturan Hukum Laut Internasional dan Nasional dalam Pencemaran Lingkungan Hidup di Perairan Indonesia Akibat Sampah Plastik Irwan Sasradinata; Agung Pramono; Lufsiana Lufsiana
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1645

Abstract

Garbage in the waters causes pollution and damage to the environment and aquatic ecosystems and endangers human health. Plastic waste is a component that is difficult to decompose by natural processes so that it is harmful to aquatic ecosystems and human health. The problems examined in this paper are regulation the International Law of the Sea concerning the protection of the marine environment and the regulation of National Law in the prevention, reduction and management of environmental pollution in Indonesian waters due to plastic waste and how to enforce the law in Indonesia on environmental protection in Indonesian waters with regard to plastic waste. The research method used in this study is a normative legal research method, where the primary data is taken from international treaties and laws and regulation that have relevance in this research. The result of this study indicate that the regulation of International Law on the protection of a country’s marine environment is further regulated in the 1972 Stockholm Declaration, 1982 UNCLOS, International Maritime Organization and others, so that through these regulations countries can protect the marine environment, take all necessary actions and take responsibility. Responsible for the pollution of the marine environment, especially due to plastic waste. National Law Enforcement in Indonesia is regulated in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation.
Perlindungan Hukum Terhadap Konsumen Atas Peredaran Produk Kosmetik Ilegal Yang Mengandung Bahan Berbahaya (Studi Badan Pengawas Obat dan Makanan Medan) Elfrida Mayang Sari HTP; Anggreni Atmei Lubis; Dessy Agustina Harahap
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1740

Abstract

Currently, there are many illegal cosmetics circulating in the market, whether they do not have a distribution permit or contain hazardous materials, including local and imported cosmetics. Therefore, it is necessary to have legal protection for consumers so that their rights are still fulfilled for the losses they experience. Cosmetic products are supervised by the Food and Drug Supervisory Agency or BPOM which is in charge of supervising the distribution of cosmetics as well as medicines and food in Indonesia. The research objectives to be achieved in this study are to find out how the law provides protection to consumers against the occurrence of illegal cosmetic circulation, to find out how the legal rules for the circulation of illegal cosmetics in Indonesia are, and to find out how legal remedies can be taken by the public for the circulation of illegal cosmetic products. . The research methods used are: Library Research and Field Research. Types of Normative Juridical Research. The conclusion obtained is that legal protection for consumers can be done by applying the principle of Strict Liability, namely mistakes are not a determining factor, but there are exceptions that allow business actors to be released from responsibility due to compelling circumstances. With the principle of absolute responsibility, it is hoped that business actors will prioritize the interests or rights of consumers, so that consumers do not experience losses for their actions or for cosmetic products produced or sold. The legal arrangements for the distribution of cosmetics in Indonesia include Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 2009 concerning Health, BPOM Regulation Number 2 of 2020 concerning Supervision of Production and Distribution of Cosmetics, etc. Legal remedies that can be taken by the community are through the Court (Litigation) and BPSK (Non-Litigation).
Perlindungan Hukum Terhadap Hak-Hak Korban Kejahatan Seksual Berdasarkan Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Muslim Harahap; Sugih Ayu Pratitis; Rehulina Rehulina
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1723

Abstract

From January to July 2020 cases of violence against adult women increased from 3020 people to 3059 victims, even sexual violence in children increased to 2556. The purpose of this study was to find out the state responsibility of the rights of victims of crime; The application of law to victims of sexual crimes and obstacles and challenges in the application of the rights of victims of sexual crimes. This research is a normative juridical legal research, namely research conducted based on secondary data. The nature of this research is descriptive analysis. The data used in this study are secondary data, namely data obtained from literature research in the form of legal materials. Data collection techniques are literature and field. The results showed that the Criminal Act of Sexual Violence could provide legal protection for victims and be able to restore the rights of the Sikorban by providing legal treatment, recovery and protection.
Tinjauan Hukum Terhadap Tindak Pidana Penadah Spido Meter Oleh Karyawan PT. Prima Jaya Perkasa (Studi Kasus Putusan No.2811/Pid.B/2016/PN. Mdn) Nanda Syahra Nasution; A. Lawali Hasibuan; Riswan Munthe
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1670

Abstract

Collector is an act of buying, renting, exchanging, receiving, pawning, transporting, keeping, or hiding an object or taking profit from the proceeds of an object known or suspected to have been obtained from a crime and is punishable by a maximum imprisonment of four years. The research method used in this research is normative research method and direct data collection is obtained from related agencies, namely the Medan District Court and from library materials. Factors causing the criminal act of collecting spido meters by employees of PT. Prima Jaya Perkasa based on decision No. 2811 / Pid.B / 2016 / PN.MDN, which is known in this case, shows that the criminal act of using spido meter is caused by internal factors consisting of individual, economic, educational and religious factors. The next factor is due to external factors consisting of environmental factors and technological and cultural development factors. The panel of judges sentenced the defendant to imprisonment for 1 (one) year and 6 (six) months. The countermeasures carried out in the criminal act of detention are repressive and preventive measures.

Page 8 of 15 | Total Record : 143

 6   7   8   9   10 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue Vol 7, No 2 (2025): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 4, No 2 (2022): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei More Issue