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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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Tanggung Jawab Perusahaan Daerah Air Minum (Pdam) Terhadap Kerugian Konsumen Dan Melonjaknya Rekening Air Akibat Kebocoran Instalasi Dalam (Studi Pada Pdam Tirtanadi Provinsi Sumatera Utara) Chandra Aditya Sapta; Ridho Mubarak; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1082

Abstract

The management of clean water (drinking water) is managed by the Regional Drinking Water Company (PDAM). PDAM Tirtanadi often gets complaints from consumers regarding its services. Most of the consumer complaints to PDAM Tirtanadi are in the form of objections to paying bills that are not in accordance with the frequency of use so that it can cause consumers to suffer losses. Therefore, it is necessary to compensate for damages and rain-check effort to provide clean water. The research method used is a normative juridical approach. Research materials consist of primary, secondary and tertiary legal materials. This research is descriptive-analytical and to complete the research data it is supported by conducting interviews. The results of the study are the form of implementing compensation for negligence by the Regional Drinking Water Company (PDAM) in the form of restitution or refunds that will be included in the next month's account, the efforts of the Regional Drinking Water Company (PDAM) in providing clean water to consumers refers to clean water standards. drinking water based on the Minister of Health Regulation (PERMENKES) Number 907 of 2002 concerning Drinking Water Quality, namely passing standard tests including bacteriological, chemical, radioactive and physical requirements, PDAM's efforts to overcome soaring accounts due to leaks in internal installations by repairing pipes before the water meter (persil pipe) ), both repair costs and water usage are the responsibility of the PDAM, but if the pipe is damaged or leaks after the water meter, all costs are borne by the drinking water customer.
Tinjauan Yuridis Terhadap Anggota Koperasi Dalam Hal wanprestasi Atas Pelaksanaan Perjanjian Kredit Pada Koperasi Unit Desa Jihan Fadila; Zaini Munawir; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1076

Abstract

In the process of granting credit, it is often the case that the creditor is detrimental when the debtor defaults, so we need a rule contained in a credit agreement that aims to provide certainty for the related parties. The research objectives to be achieved in this study are to determine the procedure for implementing credit agreements, to determine dispute resolution when a member of a cooperative defaults in a credit agreement, to find out the legal consequences if a member of a cooperative defaults in a credit agreement. The research method used is Library Research and Field Research. Juridical research type normative. The conclusion obtained is the procedure contained in KUD "Harta" Langkat to perform a credit agreement by way of : submitting an application, providing information on the object of the guarantee, observing the object of the collateral, and approving the object of the guarantee. Settlement of default disputes in credit arrangements at KUD "Harta" Langkat takes several ways, namely litigation and non-litigation, but in accordance with the cooperative principle, it must first be resolved by agreement, if not resolved, it will be resolved through legal channels. Legal consequences arising from default in credit arrangements at KUD "Harta" Langkat by giving a warning letter and if the obligations are not fulfilled then the status can be abolished.
Perlindungan Hukum Terhadap Anak Sebagai Korban Dalam Tindak Pidana Kekerasan Seksual (Studi Kasus Di Polres Serdang Bedagai) M. Anwar Hafis Rangkuti; Riswan Munthe; Abdul Lawali Hasibuan
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1077

Abstract

Child sexual abuse is a form of child abuse in which an adult or older teenager uses a child for sexual stimulation. Forms of child sexual abuse include soliciting or pressuring a child to engage in sexual activity. Law enforcement in Indonesia at this time cannot be separated from the aspect of legal protection for children. Talks about children and their protection will never stop throughout the history of life, because children are the next generation of the nation and the successor of development, namely the generation that is prepared as the subject of the implementation of sustainable development and the holder of control over the future of a country. Efforts to protect children must be started as early as possible, so that in the future they can participate optimally for the development of the nation and state. The problems discussed in this thesis are about the form of legal protection for child victims of sexual crimes and the Constraints of the Serdang Bedagai Police in Handling Criminal Cases of Sexual Violence Against Children. The type of research in this thesis is normative juridical, namely a research method that examines the study of documents, which uses various secondary data such as legislation, legal theory and can also be in the form of opinions of scholars. The results of this study are forms of legal protection for child victims of sexual crimes regulated in Law Number 35 of 2014 concerning Child Protection, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Law Number 11 of 2012 concerning the Judicial System Child Crime. The constraint of the Serdang Bedagai Police in Dealing with the Criminal Case of Sexual Violence Against Children is the victim's statement that is not frank, the victim does not tell about the actual witness and the victim's information is always changing so this is confusing in the investigation process and the victim does not give testimony because of threats from the public. certain parties or fear that their disgrace will be known by many people.
Pertanggung Jawaban Notaris/Ppat Terhadap Pembatalan Aktanya oleh Pengadilan (Studi Putusan Nomor 250/Pdt.G/2015/Pn.Mdn) Syaiful Hakim Siregar; Citra Ramadhan; M. Yusrizal Adi Syahputra
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1078

Abstract

The purposef this research is how ti know the factors that cause the cancellation of the sale and purchase agreement deed caused by the authority of the Notary/PPAT, the responsibility of the Notary/PPAT for the cancellation of the deed he made, the legal consequences of the cancellation of the sale and purchase agreement deed by the court.The type of research in this thesis is normative juridical with descriptive analysis. The approach method used is the statutory approach. The factor that causes the cancellation of the Sale and Purchase Agreement Deed caused by the authority of a Notary/PPAT is if it violates the obligations as referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 44, 48, 49, 50 and 51 UUJN. The Notary/PPAT's responsibility for the cancellation of the deed he made in this case lies with the parties who made the deed. If there is a default or unlawful act between the parties, then the notary as the maker of the deed cannot be held accountable. Legal Consequences of the cancellation of the Sale and Purchase Agreement Deed by the Court Number 06 dated 04 August 2010 resulted in the result that all objects and persons were restored to the condition before the agreement was made. This means that the legal action contained in the deed does not have binding legal force between the parties who made it.
Analisis Penerapan Restorative Justice dalam Penyelesaian Kasus Kecelakaan Lalu Lintas yang Mengakibatkan Kematian (Studi Di Kepolisian Polres Pelabuhan Belawan) Chandra Prayuda; Ridho Mubarak; Rafiqi Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1079

Abstract

The case of a traffic accident, there was no intention of the perpetrator to take this action at first, but due to negligence or lack of caution eventually resulted in the accident. Weak public awareness of traffic regulations can be seen from the low level of community discipline in driving, resulting in a culture of undisciplined society. In Law No. 22 of 2009 concerning Road Traffic and Transportation, the act can be threatened with imprisonment, but in its development the concept of restorative justice chose imprisonment as the last option, the important point being reconciliation between the two parties and the victim's family. At the level of resolving traffic accident cases, the Police in this case as investigators in the case of the accident, whether that resulted in the death of the victim, or experiencing physical disability, have tried to use mediation in resolving accident cases. The problem discussed in this thesis is regarding the application of Restorative Justice in resolving cases of traffic accidents that resulted in death in the Belawan Harbor Police area. Constraints to the application of Restorative Justice in resolving cases of traffic accidents that resulted in death in the Belawan Harbor Police Police Area. The type of research in this thesis is normative juridical, namely a research method that examines document studies, using various secondary data such as laws and regulations, court decisions, legal theory and can also be in the form of scholars' opinions. The results of this study are the application of Restorative Justice in solving traffic accident cases that result in death by emphasizing the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. the concept of restorative justice is based on criticism of the implementation of the criminal justice system with imprisonment which is considered ineffective in resolving social conflicts. Constraints to the application of Restorative Justice in resolving cases of traffic accidents that result in death is the limited budget for providing optimal services to the community is an important obstacle and problem in providing traffic accident handling services. This is an obstacle in dealing with accidents in the jurisdiction of the Belawan Port Police Police.
LEGAL STUDY ON RATE INCREASE POLICY FOR HEALTH BPJS PARTICIPANTS DURING THE COVID-19 PANDEMIC Dhiya Haniyah Br Manurung; Wessy Trisna; Beby Suryani Fitri
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1080

Abstract

The purpose of this study is how to regulate the legal regulation of the tariff increase policy for BPJS participants during the covid-19 pandemic and what is the mechanism/procedure for submitting the rights of BPJS participants after the increase in BPJS Health rates during the covid-19 pandemic. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The approach method used in this research is the statutory approach. The results of the study, the legal regulation of the tariff increase policy for BPJS participants during the covid-19 pandemic is regulated in Presidential Regulation Number 64 of 2020 concerning the Second Amendment to Presidential Regulation Number 82 of 2018 concerning Health Insurance. The increase in BPJS contributions during the Covid-19 pandemic was inappropriate, because it was not in accordance with the mandate of the 1945 Constitution as the basis of the Republic of Indonesia, namely Article 28 H (1) and paragraph (3). The impact of the policy of increasing BPJS rates during the Covid 19 pandemic includes positive and negative impacts, positive impacts, namely: increasing health services, covering the deficit, growth in the pharmaceutical sector, increasing hospital facilities and infrastructure, increasing socialization of the BPJS program, increasing the range of diseases borne. wide range of hospitals, while the negative impacts are: a decrease in the class of BPJS participants, the number of participants in the third grade, many people decide to stop paying contributions, a decrease in public interest, the shift of people to private insurance, inflation, increasing poverty.
Epistomologi Kebenaran Terhadap Hukum Pandri Zulfikar
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1158

Abstract

This article aims to find the truth of the law epistemologically, Epistomology has an exploration in the scope of how knowledge can basically be obtained and tested for truth, if it is specified in the realm of legal epistemology, the study is in an effort to listen to how legal knowledge can be obtained and how level of truth so that it can be a determinant of legal methodology. The meaning of truth according to the Big Indonesian Dictionary is the real situation. Truth is "absolutely true", even though it is actually a reconstructive truth. Legal truth is coherent truth, The Accordance Theory of Truth. This theory explains that a truth or a condition is true if there is a match between the intended meaning of a statement or opinion with the object intended or intended by the statement or opinion. Truth in the Law of Evidence In each definition of the law of evidence there are six things that will be discussed further regarding the parameters of the law of proof, each of which is bewijstheorie, bewijsmiddelen, bewijsvoering, bewijslast, bewijskracht, and minimum bewijs. The type of research used in this research is qualitative, normative juridical research type. Legal materials are analyzed qualitatively by explaining theories, logical principles to obtain scientific results that are descriptive. The epistemology of legal science can be accommodated into a single unit in a meeting point of legal truth. The concept of convergence of legal epistemology seeks to open and dilute the pattern of relationships that are independent and mutually dominate legal truth, with this concept legal truth does not come from one legal thought alone, but can be extracted from all legal epistemologies in Indonesia, so that with this concept the truth the resulting law is more complete and comprehensive. The truth of the law, using pragmatic theory, the truth of the law is related to the usefulness of the law. The pragmatic truth perspective is not oriented to a process or a legal event but the result of the legal process or event. Something is said to be true if it has benefits for human life. What is felt useful is the real law.
Analisis Yuridis Persekongkolan Tender Rehabilitasi Jalan Dalam Perspektif Hukum Persaingan Usaha (Studi Kasus Putusan Nomor 14/KPPU.1/2018) Abdul Hafiz Rangkuti; Taufik Siregar; Zaini Munawir
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1360

Abstract

In general, what is said to be conspiring is cooperation carried out by business actors with other parties at the initiative of anyone and in any way in an effort to win bidders. The purpose of the research is to find out and understand how the regulation regarding tender conspiracy according to business competition law in Indonesia, to know and understand the proof of tender conspiracy as well as to know and understand how the application of business competition law in decision Number 14/KPPU.I/2018. The method used in this paper is normative juridical, namely a research method that examines document studies, by using various data such as legislation, legal theory of court decisions.The result of the research written in this thesis is that the regulation regarding tender conspiracy is regulated in Article 22 of Law no. 5 of 1999 and regulated in Perkom No. 1 of 2019, evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled and based on the evidence in Article 45 of Perkom No.1 of 2019 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 is to provide administrative action in the form of a fine to punish the Reported Party I and II in the amount of Rp.1,769,000. 000, which must be deposited into the State Treasury. The conclusion of the arrangement regarding tender conspiracy is regulated in Article 22 of Law No. 5 of 1999 and regulated in Perkom No. 1 of 2019. The evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 provides administrative action in the form of a fine.
Analisis Yuridis Permohonan Pailit Pt. Bina Karya Sarana Oleh Kreditur (Studi Putusan No. 6/Pdt. Sus-Pailit/2018/PN.Niaga.Medan) Ilham Rizki Hutabarat; Marsella Marsella; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1365

Abstract

An application for bankruptcy is usually made on the grounds that neither he nor the business activities he carries out are able to carry out all of his obligations. In this case, the factors that cause bankruptcy are because the debtor is unable to pay his debts to one or more creditors whose due date for payment of debt repayments has fallen. The debtor's inability occurs because his debts are greater than his assets. This research uses a normative juridical law research method, the nature of the research is descriptive analytical with a literature study approach and a field study at the Medan Niaga District Court, then analyzed qualitatively. The responsibility of PT. Bina Karya Sarana against creditors who apply for bankruptcy is to pay all debts that exist on creditors with all debtor assets by law as collateral for debtor debts, all debtor assets are in general confiscation from the time the bankruptcy decision is pronounced. The judge's consideration in giving the bankruptcy decision on the decision no. 6/Pdt.Sus-Pailit/2018/ PN Niaga Medan, based on Law No. 37 of 2004 by examining the evidence provided by the applicant, and examining all legal facts that occurred during the trial process and, looking at the related elements Related articles contained in the lawsuit regarding the filing of bankruptcy in a limited liability company.
Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi Jihan Fadzillah; Zaini Munawir; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1364

Abstract

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.

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