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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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Penerapan Hukum Undang-Undang Ketenagakerjaan Nomor 13 Tahun 2003 Terhadap Penjatuhan Pemberian Pesangon Bagi Karyawan (Studi Putusan Nomor 124/G/2011/PHI.Mdn) Noni Zulkarnain; Taufik Siregar; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.498

Abstract

Labor has a very important position as actors and objectives of development, therefore all activities carried out by workers will contain aspects of social relations, legal relations, interm organizational relationships that give rise to rights and obligations and are carried out based on the values contained in Pancasila. One of the problems in labor is Industrial Relations Disputes. One of the problems in industrial relations disputes is Termination of Employment. Termination of employment, according to Law Number 13 Year 2003 concerning Manpower Article 1 paragraph 25, the definition is the termination of a work relationship due to certain matters resulting in the termination of rights and obligations between workers / laborers and entrepreneurs. This research uses normative juridical research and analytical descriptive research. The techniques used in data collection through library research and field research. Layoffs are not only factored by employers / employers, there are several other factors that influence including factors from the workers / laborers. It is also undeniable that the process of terminating employment has constraints and obstacles based on the employer / employer, worker / laborer and also the Industrial Relations Settlement institution.
Penerapan Hukum Terhadap Pelaku Tindak Pidana Penipuan Yang Dilakukan Secara Bersama-Sama (Studi Putusan Nomor : 1287/Pid.B/2018/PN.MDN) Nanda Rafina; Ridho Mubarak; M Yusrizal Adi Saputra
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.497

Abstract

The application of the law against the perpetrators of fraud committed jointly in decision number: 1287 / Pid.B / 2018 / PN.MDN, it can be seen that fraud is a crime that often occurs in everyday life, fraud crimes can be committed. individually or collectively called deelneming. The type of research used is juridical normative and analytical descriptive research characteristics and for data collection used library research and field research. analysis of the problem is carried out by the qualitative method. Application of Law Against Fraud Crime Conducted Together in Decision Number: 1287 / Pid.B / 2018 / PN. MDN, the prosecutor charged the defendant with the first indictment contained in the indictment, namely in Article 378 of the Criminal Code in conjunction with Article 55 of the Criminal Code and the judge made several considerations by making a verdict against the defendant in accordance with the demands filed by the public prosecutor. Judges' considerations in making a decision on Decision number: 1287 / Pid.B / 2018 / PN.MDN have been done as well as possible, the judge made several considerations where the judge's consideration was in accordance with the demands of the Public Prosecutor and before passing the judge's decision also took into account the burdensome circumstances and which relieves the defendant and in order to impose a sentence on this decision the judge has made prior considerations, by providing certainty and justice in making the decision it will create benefits for both the defendant and the victim.
Peran Dinas Kehutanan Dalam Upaya Penanggulangan Tindak Pidana Illegal Logging Di Kabupaten Langkat (Studi Kasus: Dinas Kehutanan Kabupaten Langkat) Muhammad Rifkih Alfaris; Rafiqi Rafiqi; Rizkan Zulyadi
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.494

Abstract

The problem of illegal logging is actually a very complex matter. The current forest problems faced are the responsibility of the government. So that in this study the authors raised the issue of the role and obstacles faced by the forestry service in tackling the crime of Illegal Logging. The objectives to be achieved in this study are to determine the role of the forestry service and the obstacles faced by the forestry service in tackling the Illegal loggin crime. The method used in this study is an empirical juridical approach, which in other words is a type of sociological research and can also be called field research, which examines the applicable legal provisions and what happens in the reality of society. Illegal logging countermeasures can be done through a combination of preventive (preventive) efforts, countermeasures (repressive) and monitoring efforts (detection) Obstacles felt by the Langkat District Forestry Office in tackling illegal logging crime, namely inadequate personnel, lack of understanding of the community about the importance of forests, the community's lack of understanding of forestry rules, the lack of advice and infrastructure that supports the preservation of forests
Kajian Hukum Tindak Pidana Kejahatan Terhadap Kesusilaan Ditinjau Dari UU No 21 Tahun 2007 Asdi Syukur Dalimunthe; Taufik Siregar; Rizkan Zulyadi
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.488

Abstract

Criminal action is a basic part of an error committed against someone in committing a crime. So for the existence of an error in the relationship between the situation and the actions that cause reproach, it must be in the form of deliberate action or starvation. The purpose of this research is to find out the form of legal protection for victims of decency based on law number 21 of 2007 and to find out how the law is applied to perpetrators of decency crime based on law number 21 of 2007. The type of research in this journal is juridical normative and The nature of the research that I take is descriptive analysis. The form of legal protection for victims of decency based on law number 21 of 2007 is to punish perpetrators of immoral crimes against children with severe criminal sanctions so that the purpose of punishment can be achieved based on the provisions of the Law on the application of the law against perpetrators of criminal acts decency based on law number 21 of 2007 is sentenced to imprisonment for 3 (three) years and a fine of at least Rp. 120,000,000 (one hundred and twenty million rupiah).
Tinjauan Yuridis Penyelesaian Sengketa Terhadap Alas Hak Atas Tanah (Studi Putusan Nomor: 347/PDT/2014/PT-Mdn) Krisman Antonius Zandroto; Marsella Marsella; Alvin Hamzah Nasution
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.493

Abstract

Land disputes are unavoidable today, this is because various land needs are very high in today's times while the number of land parcels is limited. This demands improvements in the field of land management and use for the welfare of the community and especially legal certainty. The research method used in this paper is a normative juridical method. The research method used is library research and field research. Arrangement of rights regarding the basis of land rights as regulated in Law No. 5 of 1996 concerning Basic Agrarian Principles, regulating several land rights that are on the earth's surface, under the earth's surface, and above the air. The factors causing the frequent emergence of land dispute problems include: the land administration system, especially in terms of land certification, which is not right, the distribution of land ownership is not evenly distributed, the legality of land ownership is based solely on formal evidence (certificates), without regard to productivity. soil. The process of resolving disputes over land rights in decision number: 347 / Pdt / 2014 / PT-Mdn is resolved through the litigation channel, where in the litigation line the judiciary is given the authority to hold authority and adjudicate a dispute. In every dispute resolution process through litigation, the parties involved in the dispute must follow the procedures set out in the procedural law.
Tinjauan Yuridis Terhadap Wanprestasi dalam Perjanjian Jual Beli Tanah Warisan (Studi Putusan Pengadilan Negeri Medan Nomor: 376/Pdt.G/2017/PN.Mdn) Reza Aulia HP; Taufik Siregar; Dessy Agustina Harahap
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.486

Abstract

Buying and selling can be said to be valid if all the conditions are met. The inheritance sale law is the same as the general sale law, but if the inheritance object is the right to the land to be sold, all heirs must participate in the sale of the inheritance. One example of a dispute that occurred in the sale and purchase of inheritance land during the transaction process of buying and selling inherited land, the buyer has paid / submitted an amount of money in accordance with the agreement on the price of land to the seller, but the seller did not immediately submit a letter of approval of sale from all heirs it sells to buyers as in decision number 376 / Pdt.G / 2017 / Pn.Mdn. Legal arrangements regarding buying and selling are regulated in Article 1457 of the Civil Code in selling and selling inheritance assets in general the same as buying and selling in general, but if the object of buying and selling is inheritance, all heirs must make an heir certificate. With the Default, the legal consequences that arise are the agreements made by the parties can be canceled or canceled by themselves. However, if one party feels aggrieved due to the failure to carry out the achievement of the agreement, then one of the parties has a right to sue in an effort to enforce the rights of the contract or agreement.
Perlindungan Hukum Terhadap Anak sebagai Korban Tindak Pidana Asusila (Studi Putusan No.398/Pid.Sus/2018/PN.Mdn) Abdul Aziz P Nasution; Ridho Mubarak; Anggreni Atmei Lubis
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.492

Abstract

Child Protection means all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. This type of research is normative juridical and the nature of the research is descriptive-analytical. The form of legal protection for children as victims of immoral crime is by protecting and prioritizing the interests of children as victims, prioritizing recovery and protection of children through educational efforts on reproductive health, religious values and moral values, social rehabilitation, psychosocial assistance during treatment to recovery and provision. protection and assistance at every examination starting from investigation, prosecution to examination in court. The judge's consideration in giving punishment to perpetrators of immoral crimes in decision No.398 / Pid.Sus / 2018 / PN.Mdn is that the defendant's actions are disturbing to the public, that the defendant's actions have ruined the future of the child victim Intan Fitria and consider mitigating things, that the defendant has never been convicted, that the defendant acknowledged and regretted his actions, that the defendant was polite in court and the defendant would not repeat his actions. Efforts to tackle immoral crimes against minors are to supervise children, pay attention to their environment and friends, and educate and instill religious values and knowledge about sexuality at an early age.
Tinjauan Yuridis Jual Beli Sawit Antara Pemasok Sawit Dengan Masyarakat Aek Torop Desa Asam Jawa Nadya Francela Hasibuan; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.489

Abstract

The purpose of this research is: to find out how the form of sale and purchase agreement between toke oil palm and the people of Aek Torop, Asamjawa Village, Torgamba Labuhanbatu Selatan District in accordance with Article 1320 of the Civil Code and to find out what the forms of rights and obligations and the termination of the sale and purchase agreement between toke oil palm and the Aek community Torop Asamjawa Village, Torgamba South Labuhanbatu District. The type of research the writer uses is normative legal research. The results showed that the form of agreement made by the supplier (toke) with the Aek Torop Community, Asamjawa Village, Torgamba South Labuhanbatu District is a direct agreement system, where the agreement is made through a face-to-face process, and the validity of the agreement is made by shaking hands. The contents of the agreement are the terms of price and payment system that will be carried out by both parties. The form of rights and obligations that must be carried out by both parties is to give the harvest (palm oil) to the toke and pay the harvest (palm) which has been weighed according to the agreed price. The agreement ends when the farmers give their crops and the supplier pays the scales according to the set price.
Tinjauan Yuridis Perbuatan Melawan Hukum Penguasaan Rumah Toko Yang Merupakan Harta Warisan (Studi Putusan Nomor 215/Pdt/2017/PT. Medan) Christian Situngkir; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.491

Abstract

Acting against the law is not only against the law, but also acts or does not violate the rights of others against decency or caution, appropriateness and propriety in public traffic. Actions against the law can also be interpreted as a collection of legal principles that aim to control or regulate dangerous behavior, to give responsibility for a loss that arises from social interactions, and to provide compensation to victims with an appropriate lawsuit. This type of research used in this paper is normative juridical. The research objective is to examine the juridical action against the law. The legal consequence of an illegal act committed on the basis of inheritance is that someone who commits an act against the law will be subject to sanctions in the form of compensation in accordance with the provisions in book III of the Civil Code which has been explained about Acts against the Law (PMH) starting from Article 1365 of the Civil Code up to Article 1380 KUHPerdata Legal settlement in unlawful acts committed on the basis of inheritance based on decision No. 215 / pdt / 2017 / PT. Mdn is settled by means of compensation that has been agreed between the parties and has been stated in the contents of the verdict of this case.
Implementasi Rehabilitasi Terhadap Pengguna Narkotika (Studi Pada Badan Narkotika Nasional Provinsi Sumatera Utara) Haga Septian Sembiring; Anggreni Atmei Lubis; Arie Kartika
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.490

Abstract

The problem of narcotics has now penetrated all elements of the nation, rehabilitation of narcotics addicts is a treatment process to free addicts from addiction. The implementation of rehabilitation by BNNP North Sumatra has an effect on narcotics handling more clearly and in a coordinated manner, and more young people are saved from narcotics due to undergoing rehabilitation. The factors that form the basis of North Sumatra's BNNP in implementing rehabilitation for narcotics users consist of internal and external factors. Internal factors, namely Human Resources (HR) which are still minimal and / or still lacking, facilities and infrastructure in the investigation section are still limited, including investigator unit cars, communication facilities or tapping devices, sniffer dogs and firearms personnel. The external factor is that other government agencies still assume that P4GN is only the duty of the National Narcotics Agency and the National Narcotics Narcotics Unit so that it seems that there is omission from the agency and the reluctance of the public to report to the police and the National Narcotics Agency even though there are people around the neighborhood involved in narcotics trafficking.

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