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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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Perlindungan Data Pribadi di Era Digital Berdasarkan Undang-Undang Nomor 27 Tahun 2022 Kurdi, Kurdi; Cahyono, Joko
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.v6i2.5443

Abstract

This study examines the concept of personal data as a privacy right from the perspective of human rights and legal protection under Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Utilizing doctrinal legal research methods, the study finds that the PDP Law regulates personal data protection both preventively and repressively. Preventive measures include the obligation of data controllers to maintain data security through adequate systems and transparent data management practices. Meanwhile, repressive measures encompass administrative and criminal sanctions, as well as mechanisms to address violations of the legal protections stipulated in the PDP Law. However, the implementation of these protections faces significant challenges, particularly in law enforcement. The absence of a dedicated institution to enforce sanctions and oversee the implementation of the PDP Law represents a major obstacle to ensuring effective personal data protection. Therefore, the establishment of an independent supervisory authority is essential to optimize law enforcement. This study concludes that strengthening regulations through the creation of a specialized institution will not only significantly enhance legal protection for personal data in Indonesia but also bolster public trust in navigating the increasingly complex challenges of the digital era
Urgensi Regulasi atas Produk Artificial Intelligence Sebagai Upaya Perlindungan Hukum di Indonesia Siregar, Namira Romaito; Saidin, Saidin; Leviza, Jelly; Andriati, Syarifah Lisa
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.v6i2.3334

Abstract

This study aims to analyze the Regulation of Legal Protection on the Utilization of Artificial Intelligence Works in the Empowerment of Intellectual Property Rights in Indonesia and analyze the Urgency of Regulation on Patent Law Problems in Indonesia as the Utilization of Artificial Intelligence Works in Comparison with Japan. This study uses normative legal methods with a comparative approach to analyze AI patent protection, utilizes literature studies, and aims to provide recommendations for regulatory development in Indonesia. The results of the study show that legal protection for AI works in Indonesia is urgent to be developed through adaptive and specific regulations. Legal ambiguity in Law No. 13 of 2016 hampers the protection of AI patents, while Japan has shown mature and comprehensive regulations. Revisions to the law in Indonesia are needed to include AI copyright and patent protection, encourage innovation, and attract investment. Learning from Japan, Indonesia can create a legal system that is conducive to the growth of AI-based technology. Responsive regulation will ensure AI is used legally and benefits society.
Tinjauan Yuridis Tentang Penyelesaian Sengketa Pemutusan Hubungan Kerja di Perusahaan Badan Hukum (Studi Kasus Putusan Nomor 68/Pdt.Sus-Phi/2023/Pn Mdn) Saragih, Yuni Sari; Isnaini, Isnaini; Hidayani, Sri
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.v6i2.5233

Abstract

This article or paper aims to analyze the Dispute Resolution of Industrial Relations Disputes Between Employees and Employers in Indonesia and analyze the Judge's Considerations in Deciding Industrial Relations Disputes Between Employees and PT. Tor Ganda Based on Decision Number 68/Pdt.Sus-PHI/2023/PN Mdn. This study uses a normative juridical method with analysis of primary and secondary legal materials to evaluate the resolution of industrial relations disputes and judges' considerations in Decision Number 68/Pdt.Sus-PHI/2023/PN Mdn. Qualitative analysis is carried out to understand the application of labor law and the protection of workers' rights. The results of the study show that the settlement of industrial relations disputes in Indonesia is carried out through bipartite, tripartite, and PHI mechanisms per the law. The case of PT. The Double Tor reflects violations of workers' rights, including wages and social security. The judge declared the layoffs invalid and ordered the payment of compensation. This ruling emphasizes the importance of clear work documentation and the company's compliance with the rules, to create fair industrial relations.
Implementasi Perjanjian Kredit Perbankan Dalam Mewujudkan Kepatuhan Debitur dan Efektivitas Perjanjian Alvian, Muhammad Adzel; Agustini, Shenti; Fitri, Winda
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

Abstract

Banking Credit is an agreement between a bank (creditor) and a borrower (debtor) that regulates the provision of loans by banks to customers. This agreement includes various terms and conditions that must be met by both parties, including the loan amount, interest rate, payment period, installment payment obligations, and the rights and obligations of each party. Examples of provisions often found in this agreement are the debtor's obligation to pay installments on time, provisions regarding late fees, and conditions governing the use of collateral in the form of assets that can be auctioned if the debtor fails to pay the debt. This research aims to discuss the rules related to banking credit agreements and the implementation of banking credit agreements, especially by banks, so that these agreements can be obeyed by debtors and run effectively. The method used in this research is the Empirical research method which uses data collection techniques through interviews. credit agreements use standard contracts that contain the rights and obligations of both parties. To mitigate the risk of default, collateral is required and can be sold if the debtor fails to pay. The principle of prudence is applied so that banks remain healthy and maintain public trust. An effective credit agreement involves analyzing the prospective debtor's eligibility, drafting a clear agreement, and monitoring the debtor's performance on an ongoing basis.Banking Credit Agreement is an agreement between a bank (creditor) and a borrower (debtor) that regulates the provision of loans by banks to customers. This agreement includes various terms and conditions that must be met by both parties, including the amount of the loan, the interest rate, the payment period, and the obligations and rights of each party. the purpose of this study is to discuss the rules related to banking credit agreements and the implementation of banking credit agreements, especially the bank so that the agreement can be obeyed by the debtor and run effectively. the method used in this study is empirical, the credit agreement uses a standard contractthath contains the rights and obligationof both parties. To mitigate the risk of defaul, collateral is required and can be sold if the debtor fails to pay. The percautionary principle is applied so that banks remain healthy, As well as maintaining public trust. an effective credit agreement involves analyzing the eligibility of the prospective debtor, drafting a clear agreement, and monitoring the debtor's performance on an ongoing basis to minimze risks and ensure debtor compliance 
Tinjauan Hukum Tindak Pidana Penadahan oleh Karyawan PT Prima Jaya (Putusan No.2811/2016) Nasution, Nanda Syahra; Hasibuan, A Lawali; Munthe, Riswan
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.v6i2.495

Abstract

This study aims to analyze the factors that cause the crime of speedometer theft by employees of PT. Prima Jaya Perkasa based on Decision No. 2811/Pid.B/2016/PN. MDN. In addition, this study also aims to evaluate the imposition of criminal sanctions against the perpetrators of these criminal acts, as stated in the relevant court decisions, focusing on the aspect of conformity between the sanctions given and the provisions of the applicable criminal law. This study analyzes the crime of arrest based on Article 480 of the Criminal Code with a normative-empirical juridical approach. The data were analyzed qualitatively to evaluate the relationship between legal norms and judicial practice. The goal is to recommend improvements in criminal law enforcement. The results of the study show that the crime of stealing a speedometer by an employee of PT. Prima Jaya Perkasa is triggered by internal factors, such as economic pressure and low education, as well as external factors, such as a poor social environment and technological advancements. The imposition of a sentence of 1 year and 6 months based on Article 480 paragraph (1) of the Criminal Code reflects efforts to uphold justice and provide a deterrent effect. Prevention through legal education, economic strengthening, and internal supervision is needed to minimize similar cases in the future.
Analisis Yuridis Sengketa Penggunaan Hak Paten Invensi Alat Sterilisasi Tandan Kelapa Sawit (Putusan MA Nomor 1130K/PDT.SUS-HKI/2021) Aulida, Dinda; Saidin, Saidin; Leviza, Jelly
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.v6i2.5454

Abstract

This article or paper aims to analyze the patent's legal protection for the palm bunch sterilizer according to Law Number 13 of 2016 as well as the reasons for the rejection of the patent holder's lawsuit and legal considerations in the Supreme Court Decision 1130K/2021. This study uses a normative juridical method with a legislative approach and analysis of legal concepts. The source includes primary legal materials, namely Law Number 13 of 2016 concerning Patents, and secondary literature related to Patent Rights and Unlawful Acts. This article analyzes the legal protection of the patent for palm bunches sterilizer based on Law Number 13 of 2016 and legal considerations in Supreme Court Decision 1130K/2021. The research uses a normative juridical method with primary legal materials and secondary literature related to Patent Rights. The results confirm that the patent is the exclusive right of the inventor to use or license his invention. In infringement cases, the patent owner can sue for damages, even though public understanding of patent infringement is still lacking, opening up opportunities for abuse.
The Role of Visum Et Repertum In Assisting The Direction Of Criminal Charges In Cases Of Assault Resulting In Loss Of Life In The Sleman District Prosecutor's Office Kurniansyah, Rahmat; Isnawan, Fuadi
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.v6i2.3724

Abstract

The act of beating is a phenomenon that is difficult to disappear in social life. A written report made by experts or a Visum et Repertum is needed to find the perpetrators and the cause of the beating. Visum et Repertum play a crucial role in influencing the course of criminal prosecution in cases of battering by strengthening existing evidence. However, to increase its effectiveness as valid evidence in law enforcement, various technical and social challenges still need to be overcome. This study aims to determine the role of Visum Et Repertum in influencing the direction of criminal charges in cases of beating that resulted in loss of life at the Sleman District Attorney's Office and to find out the obstacles of law enforcement officials when making Visum Et Repertum as valid evidence in assisting the direction of criminal charges. The research method used is empirical juridical research, using a statutory approach. The data is arranged systematically and then analyzed descriptively and qualitatively. The results showed that the role of Visum Et Repertum in influencing the direction of criminal charges in cases of beating is to strengthen the evidence even though there is already witness testimony and testimony of the defendant. Visum Et Repertum is also able to provide clarity and grounds for the public prosecutor to increase his confidence to make a criminal charge. Meanwhile, the obstacles of law enforcement officials in making the Visum Et Repertum valid evidence are technical obstacles and also obstacles to rejection from the victim's family, where technical obstacles investigators must wait several days or weeks to get the results of the Visum Et Repertum since the victim was delivered.
Penegakan Hukum Terhadap Tindak Pidana Pemerasan Dan Pengancaman Di Medan (Studi Putusan Nomor 2731/Pid.B/2022/PN.Mdn) Manurung, Daniel; Lubis, Anggreni Atmei
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.v6i2.5256

Abstract

The purpose of this study is to analyze criminal liability for perpetrators of extortion and intimidation crimes and to analyze judges' considerations for extortion and intimidation crimes in Medan City in decision No. 2731/Pid.B/2022/PN.Mdn. This normative juridical research analyzes legal norms and their application in the crime of extortion based on Article 368 of the Criminal Code and Decision No. 2731/Pid.B/2022/PN.Mdn. Data was collected through literature studies and interviews, and qualitative analysis with an inductive mindset to evaluate the effectiveness of law enforcement and judges' considerations in the case. The results of the study show that the criminal liability of extortion perpetrators is regulated in Article 368 of the Criminal Code with a maximum penalty of 9 years in prison, which can be aggravated according to Article 368 paragraph (2) of the Criminal Code. In case No. 2731/Pid.B/2022/PN.Mdn, the judge ruled that all elements in Article 368 paragraph (1) jo Article 55 paragraph (1) 1 of the Criminal Code were fulfilled, without justification or excuse. After considering the aggravating and mitigating factors, each defendant was sentenced to 3 years in prison.
Kedudukan Advokat Mendampingi Tersangka dalam Proses Penyidikan Novita, Rini
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.v6i2.5399

Abstract

This article or paper aims to Analyze the Regulation and Implementation of Legal Aid, as well as Assess the Role of Advocates in Ensuring Access to Justice. This descriptive research uses a normative juridical approach to analyze secondary data, such as regulations and legal literature, to evaluate regulations, identify legal loopholes, and assess policy implementation. Qualitative analysis is carried out to provide recommendations for policy improvement under the principle of justice. The results of the study show that the analysis of legal aid highlights the importance of assisting advocates in a fair justice system. Even though regulations are adequate, implementation still faces obstacles such as a lack of public awareness and limited advocates. Strengthening regulations, public education, and synergy between the government, advocates, and law enforcement are needed so that legal assistance is optimal in protecting human rights. Advocates play an important role in ensuring access to justice, protecting the rights of suspects, and ensuring that legal proceedings run according to the rules. With better collaboration, advocates can be guardians of justice and provide equitable legal protection without discrimination.
Kedudukan Pasal 1320 dan 1338 KUHPerdata dalam Kredit dan Sengketa Konsumen di BPSK Simanungkalit, Monica Dameria Vicarista; Munawir, Zaini; Zulyadi, Rizkan
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.v6i2.499

Abstract

The purpose of this study is to analyze the position of Article 1320 and Article 1338 of the Civil Code concerning credit agreements. In addition, this study also aims to evaluate the authority and application of the law by the Consumer Dispute Settlement Agency (BPSK) in resolving consumer disputes related to credit agreements, with a case study based on Decision Number 292/Pdt.Sus.BPSK/2016/PN-Mdn. This study uses a normative juridical method with a qualitative approach through literature and field research. Data was collected from regulations, academic literature, and field documents at the Medan District Court. Descriptive-analytical analysis evaluates the conformity of legal norms with their application in dispute resolution. The results of the study show that the analysis of Article 1320 and Article 1338 of the Civil Code highlights the challenges of the principle of freedom of contract in credit agreements, especially standard agreements that often harm debtors. The evaluation of Decision No. 292/Pdt.Sus.BPSK/2016/PN-Mdn emphasizes the limitations of BPSK's authority in default disputes, highlighting the importance of compliance with the principle of pacta sunt servanda. BPSK reform is needed to ensure justice, transparency, and legal certainty.

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