JUNCTO: Jurnal Ilmiah Hukum
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
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150 Documents
<![CDATA[Pelaksanaan Gadai Emas Dengan Sistem Syariah Di Bank Mandiri Syariah Cabang Kisaran ]]>
<![CDATA[Jhon Amri S Pasaribu]]>;
<![CDATA[Elvi Zahara Lubis]]>;
<![CDATA[Muhammad Yusrizal Adi Syaputra]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.233
<![CDATA[Profit sharing system in Islamic banks is one of the uses of sharia principles because interest is contrary to Islamic law. This type of research used in this study is normative legal research and the nature of the research is analytical descriptive. Sources of data used in this study are secondary data and primary data. The results of the study are the implementation of a gold pawning system with sharia at Bank Mandiri Syariah Kisaran Branch Office using 3 (three) contracts on gold-backed qaradh products, rahn contracts for gold binding and ijarah contracts for binding utilization of gold storage and maintenance services as collateral for loan funds. The implementation of the gold pawning is in accordance with the rules of Islamic law and sharia principles regarding gold rahn. The obstacles that arise in the implementation of the gold pawning with the sharia system that is not understanding the mechanism of rahn contract, customers who are not disciplined in paying installments so that when the gold is mortgaged auctioned auctioned by the bank and collateral carried by the customer does not comply with the specified specifications by the bank.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Perbuatan Gratifikasi Dalam Tindak Pidana Korupsi (Studi Putusan No : 35/Pid.Sus.Tpk/2016/PN. Mdn) ]]>
<![CDATA[Mangantar Anugrah Siregar]]>;
<![CDATA[Rizkan Zulyadi]]>;
<![CDATA[Riswan Munthe]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i2.204
<![CDATA[Gratuity is a new thing in the criminal act of corruption. Changes made to the previous regulation aim at overcoming the many modes and series of actions of civil servants and state administrators that have an impact on state financial losses and public welfare. The research method used is a normative method and this research is analytical descriptive. Regulations on acts of gratuity in corruption and criminal liability given by judges based on decision number: 35 / Pid.Sus.TPK / 2016 / PN.Mdn. Laws and regulations governing gratification have been set out in Article 12 B of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption, Factors for Acceptance of Gratuity due to greed, organization, and conflict of interests of civil servants or state administrators, and criminal liability given by the judges based on their considerations have considered mitigating and burdensome matters as well as paying attention to the absence of justification and forgiveness for imposing penalties in the form of imprisonment for 5 years and a fine of Rp. . 200,000,000 towards the perpetrators.]]>
<![CDATA[Penerapan Hukum Terhadap Tindak Pidana Pembunuhan Dengan Sengaja Merampas Nyawa Orang Lain (Studi Kasus Nomor Putusan 616/Pid.B/2015/PN. Lbp) ]]>
<![CDATA[Martinus Halawa]]>;
<![CDATA[Zaini Munawir]]>;
<![CDATA[Sri Hidayani]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.228
<![CDATA[A fact that in the association of human life, individuals and groups, there are often deviations from the norms of his life, especially known legal norms. Where in mutual human association, this deviation of legal norms is referred to as a criminal offense. In recent years there has been more and more crime against human souls in society. The research method used in this study is the Library Research and Field Research. Judge's consideration or Ratio Decidendi is an argument or reason used by the judge as a legal consideration that becomes the basis before deciding a case. In practice before this juridical consideration is proven, the judge will first withdraw the facts in the trial that arises and constitute the cumulative conclusions of the witnesses' statements, the defendant's statements, and the evidence. The application of the law in this case to the murder case is legitimate while in reasonable terms because the application of the law must be in accordance with what was done by the perpetrators because the deterrent effect that is expected in the application of this law is very important.]]>
<![CDATA[Peran UD Rumah Adat Minang Selaku Produsen Makanan Ringan Dalam Perlindungan Hukum Terhadap Konsumen (Studi Kasus Di Usaha Dagang Rumah Adat Minang Medan) ]]>
<![CDATA[Hajijah Juliana Pulungan]]>;
<![CDATA[Utary Maharani Barus]]>;
<![CDATA[Zaini Munawair]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i1.198
<![CDATA[Food production activities or processes to be circulated or traded must meet the provisions regarding food sanitation, food additives, contaminated residues, and food packaging. Another thing that should be considered by everyone who produces food is the use of certain methods in food production activities or processes. This research method is library research and field research. Legal arrangements regarding the rights and obligations of business actors and consumers in Indonesia, are in accordance with Law No. 8 of 1999 concerning consumer protection, Law No. 23 of 1992 concerning Health, Law No.18 of 2012 concerning food and the Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertising The role and responsibilities of the Minang traditional house trade business as a producer. Consumers' legal remedies have been stated in Article 19 of Law No. 8 of 1999 concerning consumer protection. The process of resolution to consumers who complain through compensation with the same chips, by bringing proof of purchase of chips that are no longer suitable for consumption and proof of purchase receipt.]]>
<![CDATA[Penegakan Hukum Terhadap Tindak Pidana Kepabean Penyeludupan Pakaian Bekas (Putusan No. 237/Pid.B/2016/PN.Tjb) ]]>
<![CDATA[Roberto Tambunan]]>;
<![CDATA[Suhatrizal Suhatrizal]]>;
<![CDATA[Taufik Siregar]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i2.196
<![CDATA[Smuggling is a problem that often occurs in Indonesia, so the smuggling problem must receive the full attention of the government to be immediately addressed. As a national legal product based on the Pancasila and the 1945 Constitution, the form of the Proactive and Anticipatory Customs Law is still very simple, on the other hand it must reach a broader aspect to anticipate the development of trade. The method of this research is Library Research and Field Research. The negative impact of smuggling used clothing is very detrimental to the domestic industry and detrimental to the country's income and economy, but on the other hand there are also positive impacts on the poor that benefit from being able to buy ex-foreign goods from smuggling at low prices and higher quality high. As one of the Government Agencies participating in the effort to eradicate the smuggling of used clothing and the public should not be easily tempted by the import price of used clothing which is cheaper than local clothing, because the level of health is not necessarily guaranteed.]]>
<![CDATA[Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang No : 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid/2018/PN. Mdn) ]]>
<![CDATA[Agus Pranata Sinaga]]>;
<![CDATA[Anggreini Atmei Lubis]]>;
<![CDATA[Riswan Munthe]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i1.190
<![CDATA[The narcotics problem has now penetrated all elements of the nation ranging from children to adults, from the lower classes to officials, even politicians and law enforcement are not sterile from narcotics abuse, so that eradication efforts are not enough to only be handled by the government and law enforcement officials instead, it needs to involve the whole community to play a role and actively participate in its prevention and eradication. This type of research is empirical juridical law research. Application of Material Criminal Law by the Judge against the Narcotics Misuse Act of Group I in non-plant form Decision number 423 / pid.sus / 2018 / PN. Mdn is right. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics indicted in the Primair Indictment. The legal consideration by the Judge regarding the criminal acts of Misuse of Narcotics of Group I in the form of non-plants in imposing convictions is appropriate because the Judge in case Number 423 / pid.sus / 2018 / PN. Mdn handed down convictions based on witness statements, defendant statements, and documentary evidence according to Article 184 of the Criminal Procedure Code as legal evidence.]]>
<![CDATA[Penerapan Undang-Undang No. 32 Tahun 2009 Dalam Pengelolahan Limbah Cair di Usaha Dagang Tahu Jawa (Studi Kasus di Pabrik Tahu Usaha Dagang Jawa) ]]>
<![CDATA[Muhammad Reza Novindri]]>;
<![CDATA[Sri Hidayani]]>;
<![CDATA[Elvi Zahara Lubis]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.234
<![CDATA[Tofu Industry Java Trading Business is an industrial factory engaged in food production that produces tofu. This industry was founded in 2009 which started with his two children who already had experience working in the tofu factory industry not far from their homes. This type of research is normative juridical namely the type of research conducted by studying written regulations so that this research is very closely related to the library. The results of the study are the level of danger from the liquid waste of tofu factory in the tofu trade business Java is not managed properly is damage to the quality of the environment, especially waters as one of the needs of humanity and other living things. Factors that caused the management of liquid waste did not go well according to Law number 32 of 2009, namely the ignorance of the entrepreneurs themselves, factors of education level, economic factors of entrepreneurs, government participation and law enforcement, factors of the role of the community and the role of the community in manage the environment. The legal consequences of these actions are written reprimands, government coercion, freezing of environmental permits, revocation of environmental permits.]]>
<![CDATA[Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Terhadap Produk Obat-Obatan Ilegal (Studi Kasus : BPOM Medan) ]]>
<![CDATA[Muhammad Ridho Al Hasymi Daulay]]>;
<![CDATA[Utary Maharani Barus]]>;
<![CDATA[Rafiqi Rafiqi]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i2.206
<![CDATA[Consumer protection aims to foster awareness of business people about the importance of consumer protection so that honest and responsible attitudes in the business grow. Medicines and food products are supervised by the Food and Drug Supervisory Agency or abbreviated as POM, which is in charge of overseeing the distribution of medicines and foods in Indonesia. The method used in this study is the method of Library Research and Field Research. Legal protection for consumers who use illegal drug products is by means of consumers being able to complain about their problems through litigation, this is explained in Article 45 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and and non-litigation namely legal efforts outside the court can be through the Consumer Dispute Settlement Agency (BPSK) established and regulated in the Consumer Protection Act. The responsibility given by the Food and Drug Supervisory Agency (BPOM) to the community, namely the Food and Drug Supervisory Agency (BPOM), will take firm action against producers or business actors who circulate illegal drugs in this case drugs that do not have a marketing authorization (TIE), drugs, substandart, fake drugs, or expired drugs.]]>
<![CDATA[Penerapan Restorative Justice Dalam Pengungkapan Kasus Penganiayaan Di Kepolisian Resort Dairi ]]>
<![CDATA[Feri Pasu Manaek Galingging]]>;
<![CDATA[Ridho Zulyadi]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.229
<![CDATA[Implementation of the principle of restorative justice on the crime of persecution is still many pros and cons. For the investigator is not easy to settle the criminal act of persecution with the principle of restorative justice because there must be agreement between the victim's family and the perpetrator. Research method in writing this thesis is Library Research and Field Research. Implementation of the principle of restorative justice in the process of investigation of children as perpetrators of criminal acts of persecution, investigators have opinions that are different from the Law of the Criminal Justice System of Children. Implementation of the principle of restorative justice in the settlement of criminal acts of mistreatment committed by a child is performed after the process of conversion if the diversion fails and without the existence of a third warning letter and the determination of the court. The obstacles faced by the Dairi Regional Police are that there is no meeting point between the perpetrators and the victims and their families, the families of the victims object to the perpetrators and expect the perpetrators to be punished severely, the victims and perpetrators do not want to make peace through diversion.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Perdagangan Perempuan Dan Anak (Trafficking) (Studi Pengadilan Negeri Medan) ]]>
<![CDATA[Lisana Dewi Sidqin Tekualu]]>;
<![CDATA[Anggreini Atmei Lubis]]>;
<![CDATA[Riswan Munthe]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v1i1.200
<![CDATA[Human trafficking is a special criminal act that has been going on for a long time and is very difficult to eradicate. Medan City is one of the biggest cities in Indonesia which is one of the cities contributing to the exploitation of women and children, due to population growth that is far more dominant by women compared to men. This type of research is a normative juridical descriptive nature. Forms of legal protection for victims of trafficking of women and children are direct and indirect. It can directly be in the form of compensation in the form of restitution and compensation, and providing protection in the rights of other victims, such as giving a new identity, granting physical and psychological rehabilitation, and so forth. Indirect protection is the pouring of rules regarding trafficking for potential victims with the threat of criminal confinement and fines. In upholding the law to traffickers, it can be carried out in several stages, namely investigation and investigation by the police, examination of the completeness of case files by the public prosecutor, examination in trial, and carrying out a decision (execution) from the court]]>
