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JUNCTO: Jurnal Ilmiah Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27229793     DOI : 10.31289
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JUNCTO: Jurnal Ilmiah 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 165 Documents
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Hukum dan Globalisasi terhadap Legalitas Ganja Medis Kartika, Arie; Azwar, Tengku Keizerina Devi
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.3074

Abstract

This research aims to analyze the law and the influence of globalization on the legality of medical marijuana. The influence of globalization can play a role in policy change. Countries may be responding to global trends regarding the legalization of medical marijuana and feel the need to follow emerging standards at the international level. In Indonesia itself, the discourse on the legality of medical marijuana has developed, but it has not been regulated in law. This research uses normative legal research methods. Data collection was carried out by literature study and document analysis. The research results show that the background to the legality of medical marijuana is related to a combination of medical, social, economic and political factors. The legalization of medical marijuana involves understanding its potential benefits in medicine as well as changing societal views and legal regulations. There are medical benefits from the cannabinoids found in marijuana, such as THC (tetrahydrocannabinol) and CBD (cannabidiol). That marijuana can help treat several medical conditions, including chronic pain, epilepsy, seizures, and symptoms of other chronic illnesses. In Indonesia, the National Narcotics Agency (BNN) as a government institution strongly rejects the discourse on the legalization of marijuana policy. The legalization of medical marijuana is guided by the bad effects and lack of urgency in the use of this plant. The economic reasons behind the policy of legalizing marijuana are considered wrong because if it is legalized there will be an increase in use and cause accidents which will result in medical and rehabilitation costs.
Pertanggungjawaban Pidana bagi Pelaku Tindak Pidana Pencemaran dan Perusakan Lingkungan Hidup (Studi Putusan Nomor: 464/PID.B/LH/2022/PN.MTR) Qushaery, Ahmad; Maswandi, Maswandi; Fithri, Beby Suryani
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5167

Abstract

This article or paper aims to Analyze the Law and Criminal Liability for Environmental Pollution Due to Waste Dumping, as well as analyze the Legal Liability in Decision 464/PID. B/LH/2022/PN. MTR. This study uses a normative juridical approach to analyze the application of law and criminal liability in cases of environmental pollution due to waste dumping, based on Decision Number 464/PID. B/LH/2022/PN. MTR. The data was analyzed qualitatively from legal documents, interviews, and literature. The results of the study show that environmental pollution due to B3 waste dumping is a serious violation with a wide impact on the ecosystem and the quality of life of the community. The UUPPLH provides a legal framework to deal with these violations through criminal and administrative sanctions. Decision Number 464/PID. B/LH/2022/PN. MTR shows the strict application of environmental criminal law by imposing sanctions on the perpetrator, Heri Irawan, to provide a deterrent effect. Although effective, strengthening supervision, business compliance, and community involvement are still needed. This collaboration is important to create a sustainable and pollution-free environment.
Tinjauan Yuridis Perlindungan Hukum Bagi Pekerja Radiasi Non-PNS Dalam Pekerjaan Berisiko Radiasi di Provinsi Bali Syarifuddin, Syarifuddin; Gede Utara Hartawan, I Gusti Agung; Dharmawan, Ni Ketut Supasti; Eka Putra, I Wayan Gede Artawan
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5164

Abstract

This article aims to analyze legal arrangements related to the protection of non-civil servant radiation workers in the Province of Bali, identify legal protection gaps between civil servant and non-civil servant radiation workers, and provide recommendations to ensure proper and fair protection for all radiation workers. This study uses normative legal methods to analyze regulations on the protection of non-civil servant radiation workers. Qualitative-descriptive analysis is used to identify legal gaps and formulate recommendations based on the principles of justice. The results of the study show that the analysis of legal protection for non-civil servant radiation workers in Bali Province shows a significant gap compared to civil servants, especially in benefits, access to health facilities, and legal support. Despite the regulations, their implementation still faces challenges in monitoring and workers' awareness of their rights. Regulatory revisions, increased oversight, and equality of benefits are needed to ensure equitable protection for all radiation workers. This strategic step will create a safe work environment, respect human rights, and uphold the principle of justice without discrimination.
Implementasi Hukum Pidana Bagi Pengedar Obat dan Makanan Illegal Pada Tingkat Penyidikan di Wilayah Hukum Kalimantan Barat (Studi Kasus Balai Besar POM (BBPOM) di Pontianak) Pratama, Yogi; Hermansyah, Hermansyah
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.4056

Abstract

This study is a follow-up study with an expansion of the scope of previous research around the provisions and implementation of binding law enforcement regarding the circulation of illegal Medicines and Food at the investigation level, finding and ensuring authorized institutions in handling the circulation of illegal Medicines and Food in the West Kalimantan jurisdiction review, as well as explaining concrete events, reconditioning, and solutions of the emergence of illegal Medicines and Food circulation in West Kalimantan. This study uses the method of normative-empirical research (applied law research) on the implementation of normative legal provisions (laws) in action on any particular legal events that occur in a society or view the law as a reality, including social reality, the fact of culture and this study is descriptive with the findings of the BBPOM in Pontianak as a Technical Service Unit (UPT) BBPOM in Pontianak has the authority of intelligence and investigation in the field of Medicines and Food Control by the provisions of legislation. BPOM through BBPOM in Pontianak can take steps to prove Forensic Food and Medicines (Forensic Food and Medicine Science) which is a branch of forensic science related to the identification, analysis, and investigation of crimes related to food, beverages, medicines, and supplements when investigating criminal acts of illegal Medicines and Food trafficking. All discussions are based on the regulation (Omnibus Law) Law (Law) Number 17 of 2023 on health repealing Law (Law) Number 36 of 2009 on health.
Tindak Pidana Sodomi Terhadap Anak Silangit, H. Nusanatara Tarigan
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5403

Abstract

This article or paper aims to analyze the factors that cause deviant behavior in the form of sodomy crimes, as well as identify the impact of sexual deviation on victims, especially children. This study uses a normative juridical method with a doctrinal legal approach combined with empirical juridical. The research subjects include secondary legal materials such as laws and regulations, legal doctrines, and related literature, as well as primary data obtained through interviews with law enforcement officials, victims, or victims' families. The instruments used include interview guides, questionnaires, and official documents to support data collection. The results of the study show that sodomy crimes against children are influenced by past trauma factors, socio-economic conditions, environment, and lack of moral values. The impact includes physical injuries, emotional trauma, and severe social stigma for victims. Legal protections such as prevention, therapy, and rehabilitation require the support of family, community, and government. Preventive measures such as early sex education and environmental surveillance are necessary to protect children. A holistic approach is expected to be able to recover victims and prevent similar incidents in the future.
Analisis Hukum Terhadap Wanprestasi pada Perjanjian Kerjasama Pengelolaan Kebun Kelapa Sawit (Studi: PT. Tepian Gayor Langkat) Tanjung, Putri Marwin; Ramadhan, Muhammad Citra; Siregar, Fitri Yanni Dewi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.3106

Abstract

This study aims to analyze the implementation of the oil palm plantation management cooperation agreement at PT. The edge of Gayor Langkat, identifies the default that occurred, and evaluates legal remedies and legal consequences arising from the violation. This study uses a normative juridical approach with qualitative descriptive analysis based on literature studies and interviews. The data was analyzed to identify defaults, legal remedies, and consequences in the agreement of PT. The banks of Gayor Langkat. The results of the study show that the implementation of the cooperation agreement between PT. The banks of Gayor Langkat and Darmawan Armiadi were declared in default due to violations of Articles 3, 4, and 8 related to written approvals, financial statements, and profit sharing. The Second Party failed to fulfill its obligations, causing the First Party to lose Rp. 138,726,000. After legal remedies such as reprimands, summonses, and lawsuits, the court ruled on default, canceled the agreement, and sentenced the Second Party to pay damages of Rp200,000,000. This case emphasizes the importance of a strong agreement, strict supervision, and compliance to prevent losses and ensure fairness.
Pertanggungjawaban Pidana Bagi Pelaku Pelanggaran Hak Ekonomi Pencipta (Studi Kasus Putusan Nomor 2504/Pid.Sus-2022/Pn.Mdn) khadapi, rio; Maswandi, Maswandi; Sitorus, Nanang Tomi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5168

Abstract

This article or paper aims to analyze the Legal Arrangements for the Violation of the Creator's Economic Rights Problems and Legal Consequences for the Violation of the Creator's Economic Rights, as well as analyze the Criminal Liability for Perpetrators of Violations of the Creator's Economic Rights. This research uses normative juridical research methods, data collection techniques, namely literature research, field research (PN Medan). The results of the study show that Law Number 28 of 2014 concerning Copyright (UUHC) provides strong protection for the economic rights of creators through civil and criminal law mechanisms. However, violations such as piracy remain a challenge that requires more effective law enforcement. The case of Decision Number 2504/Pid.Sus/2022/PN.Mdn shows the importance of strict punishment to provide a deterrent effect and increase awareness of copyright protection. Criminal liability for perpetrators of infringement is the key to protecting copyright, but its success depends on public awareness, effective supervision, and consistency of law enforcement. Cross-sector collaboration and the use of technology are needed to support copyright respect and the sustainable growth of the creative industry.
Efektivitas Disnaker Kota Medan Dalam Menyelesaikan Permasalahan Sengketa Tenaga Kerja The Effectiveness of the Medan City Directorate in Resolving Labor Disputes Siburian, Sukses Marhasak Panungkunan; darmawan, Eliana; Pangaribuan, Prengky Bachtiar Hasudungan
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5183

Abstract

This article or paper aims to analyze the Effectiveness of the Medan City Directorate in Resolving Labor Dispute Problems and Analysis of Obstacles in the Dispute Resolution Process by the Medan Directorate. This study uses an empirical juridical method with a descriptive analysis approach to examine the application of law by the Medan City Directorate in resolving labor disputes, using data from literature studies, field surveys, and interviews with related parties and authorities of the Medan City Manpower Office, namely Mr. Marisi Sinaga, as the Head of PSP or the Head of Disputes, Working Conditions and Wages at the Medan City Manpower Office. Qualitative analysis is applied to evaluate the effectiveness of the Directorate, identify obstacles, and provide recommendations for improvement. The results of the study show that the Medan City Directorate plays an important role in resolving labor disputes through a non-litigation approach, supported by innovations such as Siduta that improve accessibility and service efficiency. Despite facing obstacles such as incomplete documents, geographical distance, and mediator workload, efforts such as socialization, training, and internal capacity building can support more effective and harmonious dispute resolution.
Analisis Hukum Mengenai Wanprestasi oleh Debitur dalam Perjanjian Kredit dengan Bank (Studi Putusan Nomor: 290/Pdt.G/2021/PN Mdn) Chairunnisa, Siti; Isnaini, Isnaini; Hidayani, Sri
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 1 (2024): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i1.1794

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.
Penerapan Lelang Non Eksekusi Sukarela Online oleh Pejabat Lelang Kelas II (Studi Kasus Kantor Pejabat Lelang Kelas II Rosalinda, SH) giofanny, putri rahma; Hasibuhan, Abdul Lawali; Mina, Revi Fauzi Putra
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5307

Abstract

The purpose of this study is to find out the Mechanism of Implementing Online Voluntary Non-Execution Auctions and Analysis of the Application of Online Voluntary Non-Execution auctions Methods by Class II Auction Officials on movable objects. This study uses a normative juridical method with an analytical descriptive approach to analyze the implementation of online voluntary non-execution auctions at the Office of Class II Auction Officials Rosalinda, SH, through literature research, field, and interviews. The results of the study show that the implementation of voluntary non-execution auctions online reflects digital transformation in a more efficient, transparent, and inclusive auction system. Based on PMK Number 213/PMK.06/2020, this auction is carried out voluntarily with a closed bidding mechanism for privacy or open bidding for real-time competition. Key advantages include time efficiency, information disclosure, and wide access without geographical restrictions. Challenges such as data security and technological infrastructure remain a concern, but the implementation by Class II Auction Officials, such as in Rosalinda's Office, SH, is a successful example of the modernization of technology-based auction systems.

Page 12 of 17 | Total Record : 165

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