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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 150 Documents
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Tinjauan Yuridis Tidak Diterimanya Gugatan Terhadap Perkara Sengketa Tanah Rizki Jan Saputra Surbakti; Agus Salim Daulay; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.506

Abstract

The dispute resolution mechanism referred to is in the form of a justice system. The court in question is the implementation of the law in terms of concrete demands for rights, which functions are carried out by an independent body and held by the state and are free from any influence whatsoever and by giving binding decisions. The factors that cause civil lawsuits to be rejected at the District Court are the arguments of the claim or fundamentals of the petitioner, do not have a clear legal basis. A lawsuit is considered vague if the argument of the lawsuit does not explain the legal basis and the event behind the suit. The object of the dispute is unclear, the location of the land is not mentioned. There are no equal borders, the lawsuit is unclear, the lawsuit is premature and the lawsuit has expired. In Decision No. 372 / Pdt.G / 2014 / PN.Mdn The Plaintiff feels disadvantaged by the Defendant, but in this case the arguments of the plaintiff's claim are groundless and groundless. Judges' basic considerations in deciding civil case No. 372 / Pdt.G / 2014 / PN.Mdn the object of the lawsuit that is still being examined in another case (Litispendentie exceptie), which is an object in a civil dispute in this case which is the reason for the plaintiff to file alawsuit.
Kajian Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Dilakukan Suami terhadap Isteri Ditinjau Dari Aspek Psikologi Kriminal Bela Safira Sinaga; Muazzul Muazzul; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.476

Abstract

Domestic violence is any act against someone, especially women, which results in physical, sexual, psychological, and / or neglect of the household, including threats to commit acts, coercion, or illegal deprivation of liberty within the scope of the household. The research method used is normative legal research with descriptive analysis research characteristics. Based on research on the role of criminal psychology against perpetrators of domestic violence committed by husbands against wives, there is a Psychiatric Visum et Repertum (VeR) which is made to explain a person's mental status using psychiatry and based on the results of psychiatric examinations for the benefit of law enforcement. As well as the law enforcement process against perpetrators of domestic violence if it is related to the criminal psychology of criminals. So it is hoped that criminal psychology can be a consideration for law enforcement officials in resolving a case. Both from the psychological side of the perpetrator and the victim's psychological, thus criminal psychology can be used as a benchmark in imposing punishment in accordance with the crime committed by the perpetrator in accordance with their psychology. Therefore, it is also hoped that law enforcers will understand psychological concepts.
Tinjauan Yuridis Terhadap Pemutusan Hubungan Kerja Secara Sepihak Nor Hafijhah; Marsella Marsella; Alvin Hamzah Nasution
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.528

Abstract

Termination of work relations between workers and employers (entrepreneurs), commonly known as layoffs, can occur due to the expiration of a certain period that has been previously agreed or agreed upon and can also occur because of a dispute between the worker and the employer (entrepreneur), the death of the worker or for other reasons. As for what is meant by termination of employment according to F.X. Djumialdji, is the termination of a work relationship because of certain things that result in the termination of rights and obligations between workers or laborers and entrepreneurs. Worker Rights / labor rights. Rights are everything that must be obtained by everyone who has been there since birth, even from the womb. Workers / laborers rights are always attached to everyone who works for a salary. Because of his job. All rights and obligations of workers are clearly stated in the Civil Code, the provisions regarding the obligations of laborers / workers are regulated in Articles 1603, 1603a, 1603b, and 1603c. Settlement of cases in term of employment based on industrial relations courts is carried out using the first method outside the court (non-litigation) and the second through the PHI (litigation). Outside the court (non-litigation) include: Bipartite negotiations, tripartite negotiations. And the settlement process is limited to 50 (fifty) working days if more then it is considered broken or finished.
Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak M Syahputra Lubis; Sri Hidayani; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.502

Abstract

Children are an inseparable part of human survival and the survival of the nation and state. In the Indonesian constitution, children have a strategic role that is expressly stated that the state guarantees the right of every child to survival, growth and development as well as protection from violence and discrimination. Therefore, the best interests of children should be lived out as the best interests for the survival of humanity. The legal consequences of criminal acts of theft committed by children are reviewed in accordance with Law No. 11 of 2012 and based on decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn is imprisonment for two years because child offenders are proven to have committed theft by violence. Consideration of the judge on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing punishments on the perpetrators of criminal acts of theft committed by children is that the acts committed have fulfilled the elements in the indictment, namely Article 365 paragraph 1 to 1e and the second Criminal Code, and consider incriminating matters, namely the actions of the perpetrators disturbing the community and harming the victim and considering mitigating matters, namely the defendant is polite and has never been punished.
Tinjauan Yuridis Tentang Surat Perintah Penghentian Penyidikan (SP3) Terhadap Kasus Penipuan Gani Hadi Surya Sembiring; Ridho Mubarak; Alvin Hamzah Nasution
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.503

Abstract

Law Number 8 of 1981 concerning Criminal Procedure Law authorizes investigators to terminate investigations. The purpose of writing this thesis is to find out the legal considerations of the North Sumatra Regional Police in issuing an Investigation Cessation Warrant in fraud cases and legal remedies for the issuance of an Investigation Cessation Order in fraud cases. The type of research used in this research is normative juridical and the research method used in this thesis is library research and field research at the North Sumatra Regional Police by taking data and interviews with staff at Poda North Sumatra, which are related to with a warrant for termination of investigation and regarding cases of fraud according to the title of the investigator. The conclusion drawn in this thesis is that in issuing a warrant for termination of investigation in a fraud case, the legal considerations of the North Sumatra Regional Police are insufficient evidence, the incident is not a criminal act, and is terminated by law. Legal Remedies Against the Order to Stop Investigation (SP3) in the Fraud Case are ordinary legal remedies and extraordinary legal remedies.
Kedudukan Pemeriksaan Substantif Terhadap Keabsahan Sertifikat Merek Tonni Daniel Hutabarat; Abdul Lawali Hasibuan; Dessy Agustina Harahap
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.470

Abstract

This writing aims to determine the function of trademark registration and to prevent the occurrence of a similarity in the type of mark on a product and to determine the position of a substantive examination of the validity of a trademark certificate based on the prevailing laws and regulations in Indonesia. This research is a descriptive normative legal research with an empirical juridical approach. The data source of this research comes from primary data in the form of interviews with judges at the Medan District Court, and secondary data consisting of primary, secondary, and tertiary law. Data collection tools are carried out by documentation study or literature study. The analysis technique used in this research is qualitative data analysis. Regulations on trademark law, intellectual property rights in a substantive examination of the validity of a trademark certificate are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications which are part of signs in the form of images, names, words, letters, numbers, and composition. color or the distinction used in trade in goods or services. A mark is an exclusive right granted by the state to a party that has registered a mark with the Directorate General of IPR.
Pelaksanaan Pembagian Harta Warisan Berdasarkan Hukum Adat Pada Masyarakat Suku Minangkabau Di Kota Matsum II Medan Huma Sarah; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.504

Abstract

Indonesia has diverse customs, one of which is the Minangkabau tribe. Many Minang tribes go abroad to big cities that aim to change their destiny. The custom of the Minangkabau tribe is regulated according to the mother law (matrilineal). Over time the adat experienced a shift, especially in terms of the distribution of inheritance, especially the people of Bukittinggi, West Sumatra, who migrated or left their hometowns to Matsum II City, where the community had 80% inhabitants inhabited by the Minang tribe community. This raises the interest of writers to find out what is the cause of the shift in customs occur. The research method used is to come directly to the field and conduct interviews by taking a sample of 10 people, the sample was randomly selected by the criteria of the people who have Minangkabau ethnicity. Based on the results of the author's research conducted in the City of Matsum II, Medan Area District, 90% actually no longer use the customary inheritance system in the distribution of inheritance. The factors causing changes in the inheritance distribution system is due to the migration of the Minangkabau tribe community who have assets based on the results of the livelihood with their husband and wife while they are overseas so that the Minangkabau tribal people prefer the distribution of inheritance based on Islamic law.
Pengaruh Mediasi Dalam Penyelesaian Sengketa Waris Khozanah Ilma Terok; Zaini Munawir; Anggreni Atmei Lubis
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.471

Abstract

Mediation in the process of proceedings at the Court is an important stage, so the Judge can delay the proceedings. At the first session, the Judge was obliged to encourage the parties to carry out the mediation process and provide explanations to the parties regarding the procedures and costs of mediation. This is important so that the parties can know the mechanisms, procedures and costs of mediation that must be issued in the mediation process. The mediation process is divided into three stages, namely the pre-mediation stage, the stage of mediation implementation, and the final stage of the implementation of the mediation results. The mediation stage begins with important steps: preliminary remarks by the mediator, presentation and presentation of the parties' stories, sorting and clarifying issues, discussing and negotiating agreed issues, creating options, finding points of agreement and formulating decisions, recording and retelling decisions and closing mediation. Effect of the mediation process in resolving inheritance disputes in Decision No.2570 / Pdt.G / 2017 / PA. Mdn can be said to be successful, because the parties to the dispute can reconcile according to the peace deeds made and agreed by each party in litigation. Constraints faced in the mediation process in resolving disputes over the distribution of shared assets after divorce, namely the absence of a mechanism that can force one party or parties to attend mediation meetings, lack of goodwill of the parties to reconcile.
Kajian Kriminologi Terhadap Tindak Pidana Pencurian Sepeda Motor Tri Fahtur Rohman; Muazzul Muazzul; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.505

Abstract

Criminology covers a wide and diverse range of studies, causing criminology to be an interdisciplinary study of crime. Criminology does not only stop at the description of events and forms of crime on the surface, but also reaches traces of the causes or roots of the crime itself both from individuals and from sources of social, cultural, political and economic conditions, including various government policies (including legal formulation and law enforcement). Theft is taking something, which is wholly or partly owned by someone else, with the intention of being owned illegally, factors causing the occurrence of theft include educational factor, economic factor, social factor. The problem in writing this thesis is how the legal process of the crime of theft of motor vehicles in the case of the decision number: 1381/Pid.B/2017/PNMdn and how to deal with the crime of motor vehicle theft. The method used is normative juridical, namely research focused on examining the application of applicable rules or norms in positive law. The type of normative juridical research is carried out by examining various formal legal rules such as laws, regulations and literature which contins theoretical concepts which are then related to the problems that will be discussed in this study.
Penyelesaian Sengketa Jual Beli Saham Perusahaan Dalam Perspektif Hukum Perdata Sholihah Sholihah; Jamilah Jamilah; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.473

Abstract

The purpose of this research is to Know the Arrangements About Buying and Selling Shares, How Legitimate Selling and Selling of Shares. As well as to find out the Step in Settlement of Sales and Purchase Dispute of Company Shares This type of research in this journal is Normative Juridical. Arrangements for buying and selling of shares are regulated in law number 40 of 2007 concerning limited liability companies and the Civil Code and other laws. The validity of the Sale and Purchase of Shares is in accordance with the applicable regulations stipulated in Article 1457 of the Civil Code regarding the sale and purchase of shares while the shares are regulated in articles 40.41.42, and 43 KUHD. Settlement of disputes over the sale and purchase of company shares is resolved through 2 (two) channels, namely through deliberation and settlement through judicial channels.

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