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Program Pascasarjana Universitas Medan Area. Magister Ilmu Hukum Jl. Setia Budi no. 79-B Medan 20120 Tel / fax : (061) 8201994 / (061) 8226331
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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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Hukum Memperdagangkan Barang Luqathah Perspektif Imam Syafi’i (Studi Kasus Di Jerantut Pahang, Malaysia) Arni Nadira Binti Mohamad Roslan; Ahmad Zuhri
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.v5i1.1738

Abstract

This article was conducted to find out the extent to which students and the public out there understand the law of trading luqathah goods according to Imam Asy-Syafi'i, especially when they find items that have fallen. According to Imam Syafi'i, this issue is focused on finding found items (luqathah) when a major flood occurs. In order to approach this problem using data collection methods through observation, interviews and notes in the field. In analyzing the data, the technique used is the explanation of the analysis, namely the method of analyzing the data under study by explaining the data, explaining and combining all the answers from the research results, then analyzing them to obtain solid conclusions. This study concludes that the law of taking found objects (luqathah) according to Imam Asy-Syafi'i. conditions, namely: obligatory, sunnah, makruh, haram, jaiz or mubah.
Pernikahan Beda Agama Berdasarkan Hukum Islam dan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Analisis Penetapan No. 42/Pdt.p/2014/PN.Unr) Syaddan Dintara Lubis
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.v5i1.1685

Abstract

In practice, interfaith marriages are declared valid if they have received a permit decision from the court so that they can be registered. Even though in Law no. 1 of 1974, interfaith marriages are still experiencing a legal vacuum. In the event that the registration of marriages in interfaith marriages cannot be carried out because they are not in accordance with Article 2 paragraph (1) of Law No. 1 of 1974, but if accompanied by a permit decision from the court, interfaith marriages can be registered even though they are contrary to religious law, customary law and UU no. 1 of 1974. Consideration of freedom to embrace religion as a human right contained in the 1945 Constitution, in fact the principle of human rights returns the marriage law to the religious law adhered to by each religion. This study uses a normative study with a decision analysis approach No. 42/Pdt.P/2014/Unr based on the considerations of Islamic law and Law Number 1 of 1974. The aim is legal certainty in interfaith marriages and examines judges' considerations in granting permits for interfaith marriages. The results of the study show that normatively it is prohibited because it is not in accordance with Law No. 1 of 1974, if marriage is legalized because of a court decision to be registered so that it is considered valid, then it can weaken the position of Islamic law as a source of law for adherents of Islam, in principle the law Marriage refers to religious law. 
Hukum Memperdagangkan Barang Tiruan Di Aplikasi Online Perspektif Imam Syafi’i (Studi Kasus Di Market Place Shopee Malaysia) Nurhidayah Binti Suhaizan; Tetty Marlina Tarigan
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.v5i1.1739

Abstract

The main problem in this research is how to review the law of trading counterfeit goods online. The type of research used in this research is a type of literature research (library research), thereby using a qualitative research method with a normative research approach. The results of the research show that: 1) According to Imam Syafi'i, the law of trading counterfeit goods on the Shopee marketplace is not allowed due to the presence of elements that are prohibited or forbidden. The existence of fraudulent elements planned by the seller to deceive the customer is prohibited. This is because there is an element of tadlis in the practice. The element of tadlis which is a fraud committed in a sale and purchase transaction by the seller against the goods/objects he sells to the buyer, it can cause losses for the party who owns registered trademark rights or the owner of original trademark rights that are imitated. 2) How the practice of trading counterfeit goods on the online marketplace Shopee is carried out does not meet the objective requirements of the agreement, which is a certain thing and a halal reason. From the results of this study, the author suggests that the rules on the practice of buying and selling counterfeit goods be strengthened. Because, it can lead to the habit of the community to always use counterfeit goods.
Tanggung Jawab Pemerintah Provinsi Nusa Tenggara Timur Dalam Pengananan Stunting Maria Yensi Tamo Ina; Sutarno Sutarno; Sulaksono Sulaksono
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.v5i1.1631

Abstract

This study aims to analyze the Responsibilities of the East Nusa Tenggara Provincial Government in Treating Stunting. The research method uses normative juridical with a conceptual and legal approach. Presidential Regulation No. 42 of 2013 concerning the Acceleration of Nutrition Improvement may not be implemented properly due to regional autonomy which makes local governments have the authority to make their own policies regarding the health conditions of the people in their regions, Decree of the Governor of East Nusa Tenggara Number 324/KEP/HK/2018 concerning the Commission for the Acceleration Stunting Prevention in East Nusa Tenggara Province shows that the local government is very responsible in exercising its authority to overcome stunting in East Nusa Tenggara Province, Presidential Decree no. 72 of 2021 concerning the Acceleration of Stunting Reduction can reduce the number of stunting incidents because multi-stakeholder collaboration or partnerships are needed in efforts accelerating the reduction of stunting is a real action in overcoming the challenges of stunting in East Nusa Tenggara.
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 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.v5i1.1671

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
Manifestasi Hak Asasi Mantan Narapidana dalam Pengisian Jabatan Negara Menurut Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum Muhammad Ansor Lubis; Faisal Akbar Nasution; Mirza Nasution; Muhammad Yamin
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.v5i1.1669

Abstract

In accordance with one of the ideals of the General Election, namely to produce quality representatives of the people and the spirit to create a government free from corruption, collusion and nepotism. In the 2019 legislative election, the KPU established KPU regulation No. 20 of 2018 concerning the Nomination of Members of the DPR, Provincial DPRD, and Regency/City DPRD in the 2019 Election. The KPU added a requirement to become a member of the legislature which in article 4 paragraph (3) states that for former convicts of drug dealers, sexual crimes against children, or corruption prohibited from participating in the nomination of members of the legislature. These provisions are considered contrary to Law no. 7 of 2017 concerning General Elections. The formulation of the problem in this paper is how to manifest the fulfillment of prisoners' human rights in filling state positions as regulated in Law Number 7 of 2017 concerning General Elections. The research method used is a normative juridical research method. Normative research requires a statutory approach and a conceptual approach. The data collection technique used is through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The conclusion is that there are several decisions of the Constitutional Court, the Supreme Court and the Decisions of the Bawaslu which also hinder the enactment of these provisions. These provisions relate to the limitation of Human Rights, namely the limitation of Political Rights, namely the right to be elected as regulated in Law Number 39 of 1999 concerning Human Rights.
Juridical Analysis of Corruption in the State Budget (Study of District Court Decision Number 49/Pid.Sus-Tpk/2018/Pn.Jkt.Pst) Setyawan, Iwan; Katherine, Katherine; Susanti, Nia; Muhlizar, Muhlizar
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.1840

Abstract

This article aims to examine the regulation of criminal acts of corruption in the management of State funds based on Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, analyzing the judge's considerations in District Court Decision Number 49/Pid.Sus-TPK/2018/PN.Jkt.Pst which is in line with the KUHAP and Law no. 31 of 1999 in conjunction with Law no. 20 of 2001, as well as evaluating the verdict given by the judge in District Court Decision Number 49/Pid.Sus-TPK/2018/PN.Jkt.Pst by Law no. 31 of 1999 in conjunction with Law no. 20 of 2001. The focus of the problem is the regulation of criminal acts of corruption in the State budget based on Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, the judge's considerations in District Court Decision Number 49/Pid.Sus-TPK/2018/PN.Jkt.Pst which are in line with the KUHAP and Law no. 31 of 1999 in conjunction with Law no. 20 of 2001, as well as the verdict handed down by the judge in District Court Decision Number 49/Pid.Sus-TPK/2018/PN.Jkt.Pst by Law no. 31 of 1999 in conjunction with Law no. 20 of 2001. This research uses criminal theory and prosecution theory. Data was collected through library search techniques and analyzed qualitatively. The results of this study concluded that the Panel thought that the Defendant was legally and convincingly proven guilty of committing a criminal act of corruption by Article 3 of Law Number 31 of 1999 as amended by Law Number 20 of 2001.
Policy Concept of Batam City Government in Tackling Illegal Billboards from the Perspective of Legal Effectiveness Insti, Putri Deviana; Amboro, F. Yudhi Priyo; Sudirman, Lu
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3830

Abstract

Illegal billboards, which refer to billboards installed without a permit or in violation of applicable regulations, have become a pressing issue in many cities and regions. Its existence can harm the public by disturbing the aesthetics of the urban environment, disrupting traffic safety, and even damaging the natural environment. This research will examine the effectiveness of the Batam City government's policy in overcoming unauthorized advertisements, by considering the perspective of legal effectiveness theory which refers to five main aspects that must be considered, namely in terms of legal factors, law enforcement factors, legal facilities and infrastructure factors, community factors, and cultural factors themselves. This research also uses public policy theory. The method in this research uses empirical research methods with a qualitative approach. The results of this study show that the legal effectiveness of the concept of Batam city government policy against illegal billboards has not been effective, Batam city government policy still has several obstacles including less than optimal sanctions and in terms of law enforcement, there are still many people who are not concerned with the environment. Regarding the solutions applied by the Batam City government in eradicating illegal advertising using the need to make heavier sanctions than just demolition confiscation, for future concepts, the Batam City government plans to realize a new policy concept regarding billboard licensing regulations using an information technology system in the form of a Barcode on each billboard as an effort to tackle illegal billboards in the city of Batam.
Analisis Hukum Mengenai Wanprestasi Yang Dilakukan Debitur Terhadap Perjanjian Kredit Dengan Bank (Studi Putusan Nomor: 290/Pdt.G/2021/Pn Mdn) Chirunnisa, Siti; Isnaini, Isnaini; Hidayani, Sri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.2979

Abstract

The credit agreement is binding on both parties. The offending party, especially those who do not comply with the agreement, will be subject to binding legal regulations and consequences. Legal consequences that must be borne by the offending party can be in the form of contract cancellation, compensation, and even fines. The research method used is normative juridical by conducting a case approach to Decision number 290/Pdt.G/2021/PN Mdn and related laws and regulations. The data analysis used is descriptive analysis with an approach to primary data and secondary data. The result of the research is that the legal rules regarding defaults on credit agreements are regulated in Article 1238 of the Civil Code. The mechanism for granting credit is carried out by paying attention to the 5C principle and the 7P principle. What is considered by the judge in handing down decision number 290/Pdt.G/2021/PN Mdn is the Exception of the Defendants, the evidence of the letters submitted by the Plaintiff and the Defendants, the Plaintiff's lawsuit.
The Government's Role in Public Services regarding Information Disclosure on Electronic KTP Recording at the Medan Baru District Office Lubis, Fachrizaly; Jamillah, Jamillah; Syaputra, Muhammad Yusrizal Adi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.1672

Abstract

Public services are services provided by the government as state administrators to the community, Electronic KTP is a population document containing a security / control system from both the administrative and information technology side based on the national population database. The type of research used is normative juridical and the nature of the research used is descriptive analytical. The data collection technique used 2 (two) methods, namely library research and field research. Data analysis was carried out qualitatively. The results of research in 2011 the population of Medan Baru Subdistrict is estimated to have reached 57,962 people, the management of KTP is recorded and documented in a special agenda book of Electronic KTP, it is absolutely necessary to have valid population data and already have a NIK and photo recording, signature, fingerprint, and population iris, the results of the discussion of Law Number 24 of 2013 in Article 1 number 21 concerning the population administration information system, the government provides data verification services, photo recording, signatures, fingerprints and iris of the population at the Electronic KTP service place, lack of blanks from central government, lack of clear information for the public and limited Electronic KTP security tools, in conclusion, Electronic KTP contains a security code and electronic records as a means of verification and validation of a person's identity data.

Page 9 of 15 | Total Record : 143

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