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Jurnal Ilmiah METADATA
Published by Yayasan Pendidikan Islam Tholabul 'Ilmi
ISSN : -     EISSN : 27237737     DOI : 10.10101
Core Subject : Religion, Education, Social,
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences
for aims to serve as a medium of information and exchange of scientific articles between teaching staff, alumni, students, practitioners and observers of science in education, Sains, Social, Technology and Humaniora. Focus ans Scope : Education, Management, Law, Sains, Social, Technology and Humaniora. Jurnal Ilmiah Metadata editor receives scientific articles of empirical research and theoretical studies related to Education, Management, Law, Sains, Social, Technology and Humaniora sciences
Arjuna Subject : Umum - Umum
Articles 278 Documents
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PERBUATAN MENJANJIKAN PENGHENTIAN PENYIDIKAN OLEH OKNUM POLRI DALAM PENANGANAN SUATU PERKARA DALAM PERPEKTIF UNDANG-UNDANG NO. 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan Pengadilan Nomor 01/Pid. Sus/2017PN. Mdn) Hasiholan Simamora; Nelvita Purba; Muhammad Arif Sahlepi
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Abstract

The crime of corruption is an extraordinary crime because it is systemic, endemic with a very wide impact which not only harms the state's finances, but also violates the social rights and economic rights of the wider community so that its action needs special efforts. The formulation of the problem in this thesis is how to regulate corruption offenses in Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, how to qualify offenses and sanctions related to the act of promising to stop case investigations by police officers in the decision Number 01/Pid. Sus/2017/PN. Mdn, what is the basis for the judge's consideration in making a decision against the defendant in the decision Number 01/Pid. Sus/2017/PN. Mdn. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the provisions governing the crime of Corruption Crimes in Indonesia are regulated in Law Number 20 of 2001 concerning the Eradication of Corruption Crimes in conjunction with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Qualification of offenses and sanctions related to the act of promising to stop the investigation of cases by police officers in decision Number 01/Pid Sus/2017/PN. Mdn is a defendant who has been legally and convincingly proven to have committed a criminal act of corruption. The basis for the judge's consideration in making a decision against the defendant is in the decision Number 01/Pid. Sus/PN. Mdn is based on legal considerations, the element of receiving a gift or promise has been proven and fulfilled convincingly guilty of committing a criminal act of corruption.
KEBIJAKAN PERCEPATAN PENANGANAN COVID-19 DI KOTA BINJAI BERDASARKAN PERATURAN WALIKOTA BINJAI NOMOR 16 TAHUN 2020 TENTANG KARANTINA DALAM RANGKA PERCEPATAN PENANGANAN CORONA VIRUSES DISEASES 2019 (COVID-19) DI KOTA BINJAI Ratno Mulyadi Catur Suharto; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The spread of Corona Virus Disease 2019 (Covid-19) in Binjai City has increased which has an impact on the economy, social, security and welfare of the people in Binjai City. The formulation of the problem in this thesis is how the policy setting for the acceleration of handling Covid-19 in the city of Binjai is based on the Binjai Mayor Regulation Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19, how is the implementation of the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the context of implementing policies acceleration of the handling of Covid-19 in Binjai City, how to protect social and economic rights of the community related to the implementation of policies to accelerate the handling of Covid-19 in Binjai City. This type of research is normative juridical, namely research based on legislation and empirical juridical, namely by conducting interviews with staff/employees of the Social Service of Binjai City. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results show that the policy setting for the acceleration of handling COVID-19 in the city of Binjai is based on the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19 is to suppress and decide the spread of Covid-19 in the City of Binjai and the purpose of the establishment of this Mayor Regulation is as a guideline for implementing health quarantine in the context of accelerating the handling of COVID-19 in the Binjai City area. The implementation of the Binjai Mayor's Regulation Number 16 of 2020 concerning Quarantine in the context of implementing the policy to accelerate the handling of Covid-19 in Binjai City is much less effective because people feel that they have not received legal protection. The protection of social and economic rights of the community related to the implementation of the policy to accelerate the handling of Covid-19 in Binjai City is that the Binjai City government is responsible for order, security, comfort and welfare of the community.
PENEGAKAN HUKUM TERHADAP PECANDU DAN PENYALAHGUNA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Studi Putusan Pengadilan Negeri Kisaran Nomor 296/Pid.Sus/2021/PN.Kis) Syamsul Adhar; Marlina Marlina; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

Law enforcement against narcotics crimes has been widely carried out by law enforcers, as well as many perpetrators who have been sentenced to court decisions and are serving sentences in correctional institutions. The formulation of the problem in this thesis is how to regulate the law for narcotics addicts and abusers, How is law enforcement against narcotics addicts and users according to Law Number 35 of 2009 concerning narcotics, What is the basis for judges' considerations in making decisions against narcotics users and abusers in Decision Number 296 /Pid.Sus/2021/PN.Kis. The type of this research is normative juridical, namely research based on law and empirical juridical by conducting research at the Asahan Police Station. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. The results of the study indicate that the legal regulation of narcotics crimes based on Law Number 35 of 2009 concerning Narcotics prioritizes rehabilitation of narcotics addicts and users, but the criminal sanctions for narcotics dealers and precursors are very high. Law enforcement against addicts and narcotics users according to Law Number 35 of 2009 concerning Narcotics includes non-penal policy countermeasures, namely pre-emptive (counseling) and preventive (prevention) efforts. The judge's consideration in making a decision against the perpetrators of narcotics crimes in the decision of the Kisaran District Court Number 296/Pid.Sus/2021/PN.Kis is that the defendant must be held accountable for his actions in accordance with the decision handed down by the judge, namely imprisonment for 9 (nine) years and a fine 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it will be replaced with imprisonment for 4 (four months) is appropriate for coaching to be carried out.
PENERAPAN HUKUM PIDANA TERHADAP PENCUCIAN UANG DALAM TINDAK PIDANA KEJAHATAN NARKOTIKA (Putusan Mahkamah Agung Nomor 250 K/Pid.Sus/2018) Arisman Freddy Manalu; Nelvitia Purba; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The crime of money laundering as a crime has a distinctive feature, namely that this crime is not a single crime but a multiple crime. The crime of money laundering does not stand alone because the assets placed, transferred, or transferred by means of integration are obtained from a criminal act, meaning that there has been another criminal act that preceded it. The formulation of the problem in this thesis is how to regulate the crime of money laundering, how to apply the law of money laundering in narcotics crime cases, how the legal basis for judges to return the assets of the defendant in the Supreme Court decision Number 250 K / Pid.Sus / 2018. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the regulation of money laundering in case Number 250 K / Pid.Sus / 2018 is regulated in Article 3 of Law Number 8 of 2010. Murtala Ilyas Bin Ilyas was legally and convincingly proven guilty of committing the crime of money laundering and imposing a crime. to the defendant with imprisonment for 8 (eight) years and a fine of Rp. 5,000,000,000.00 (five billion rupiah) provided that if the fine is not paid, then it is replaced by imprisonment for (three) months. The legal consideration of the judge returning the defendant's assets was because the evidence was obtained between 2002 and 2006, namely the period before the tempus delicti of 2009 to 2016, so the evidence had to be returned to the defendant Murtala Ilyas.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU EIGENRICHTING (MAIN HAKIM SENDIRI) YANG MENGAKIBATKAN KORBAN JIWA MENURUT KUHP (Studi Putusan Nomor 8/PID. B/2018/PN. BKS) Astopan Siregar; Marlina Marlina; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

Violence is indeed a phenomenon that is often encountered in Indonesian society lately. In fact, the existing law in Indonesia has not been able to provide strict punishments for perpetrators of vigilantism (eigenrichting). The formulation of the problem in this thesis is how to regulate criminal offenses in the form of vigilante actions according to the Criminal Code, how to qualify for vigilante offenses (eigenrichting) that result in fatalities in criminal law, what is the basis for judges' considerations in making decisions against perpetrators of vigilante action. (eigenrichting) in Decision Number 8/PID.B/2018/PN. Bks. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the regulation of criminal offenses in the form of taking vigilante action according to the Criminal Code is regulated in Article 170, Article 351, Article 406, Article 338 and in the decision of the act as regulated and threatened with punishment in the decision Number 8/Pid. B/2018/PN. Bks perpetrators of acts of vigilantism were charged with Article 170 paragraphs (1) and (2) in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The qualification for the offense of vigilante action (eigenrichting) that results in fatalities in criminal law is that the defendant has fulfilled all the elements of the indictment in Article 170 of the Criminal Code so that the panel of judges sentenced the defendant to imprisonment for 8 (eight) years. The basis for the judge's consideration in making a decision against the perpetrator of the vigilante act (eigenrichting) is in Decision Number 8/PID.B/2018/PN. Bks is that during the trial process there was no forgiving reason or justification that could erase the criminal and unlawful nature of the defendant.
PELAKSANAAN DISKRESI KEPOLISIAN DALAM PENYIDIKAN TINDAK PIDANA PERJUDIAN DAN ZINA TERKAIT DENGAN PENERAPAN QANUN DI WILAYAH HUKUM POLDA ACEH Moh. Basori; Marlina Marlina; Mustamam Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The application of criminal law and qanun jinayat in the jurisdiction of the Aceh Regional Police, that in the act of Jarimah as regulated in the qanun, is also regulated in the KUHP or criminal provisions outside the KUHP, then what applies is the Jarimah rule in the Jinayat legal Qanun. The authority to investigate the finger as contained in the Qanun Jinayat lies with the National Police and Civil Servant Investigators. The reasons for police discretion in investigating criminal acts of gambling and adultery are related to the implementation of Qanun Jinayat, influenced by factors of legal substance, legal structure and legal culture of society. Overcoming the dualism of material and formal criminal law in enforcing the criminal act of gambling and adultery in the jurisdiction of the Aceh Regional Police, by adjusting the legal substance in Qanun Number 7 of 2013 concerning Jinayat Procedure Law with the provisions of the Criminal Procedure Code.
ANALISIS PENGGUNAAN BENDERA DAN LAMBANG ACEH DALAM PELAKSANAAN OTONOMI KHUSUS DI ACEH MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Dedek Fakrizal; Marzuki Marzuki; Mustamam Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The central government deemed Qanun Number 3 of 2013 concerning the flag and symbol of the region to be in conflict with the provisions of Article 6 PP. No. 77/2007 concerning Regional Symbols, also contradicts the provisions of Article 250 paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The use of the Aceh flag in the framework of implementing special autonomy in Aceh is a symbol of society that shows the identity of the people and regions of Aceh, and is not a symbol of sovereignty in accordance with Article 246 of the Government Law. Judging from the aspect of its implementation, until now the provisions of the Qanun have not been implemented, even though it has been ratified by the Aceh government together with the DPRA. Thus, the Qanun on the Aceh Flag has not received legal certainty in its totality, because there are still conflicting legal substance norms contained therein.
TINJAUAN YURIDIS TERHADAP PENCURIAN OBAT-OBATAN YANG DILAKUKAN OLEH PEGAWAI RUMAH SAKIT DALAM PERSPEKTIF KUHP (Studi Putusan Pengadilan Negeri Tanjung Balai Nomor 271/Pid.B/2020/PN.Tjb) Demonstar Hasibuan; Marlina Marlina; Arif Sahlepi
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Theft by weight is regulated in Article 363 of the Criminal Code, which consists of two paragraphs, and the first paragraph consists of several sub-paragraphs, namely 1e, 2e, 3e, 4e and 5e. Each of them explains the circumstances and additional criminal elements of the main form of the crime of theft which is regulated in Article 362 of the Criminal Code, which is the basis for criminal aggravation. The investigation carried out by the Tanjung Balai Police Criminal Investigation Unit in uncovering the theft of drugs from the Tengku Mansyur Tanjung Balai Hospital, began with a report from the Tengku Mansyur Tanjung Balai Hospital, namely Zulkifli's brother. The elements of criminal aggravation in the case of drug theft from Tengku Mansyur Tanjung Balai Hospital, namely: carried out by more than two people together by dismantling the window of the medicine warehouse at Tengku Mansyur Tanjung Balai Hospital.
TINJAUAN YURIDIS PENCEGAHAN PENYELUNDUPAN BALLPRESS DI WILAYAH HUKUM KEPOLISIAN RESORT ASAHAN DALAM PERSPEKTIF KUHP (Studi Putusan Nomor 85/Pid. Sus/2018/PN. Tbk) Dian Pranata Simangunsong; Nelvitia Purba; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The crime of smuggling is very rampant in Indonesia, it's just that in imposing criminal sanctions, its implementation only focuses on imprisonment, because the formulation of the Customs Law is not explicitly regulated on the concept of returning state losses, so that every time a criminal act of smuggling occurs, the state is always at a loss. The problems in this discussion are how to regulate the law regarding the illegal smuggling of used clothes in the Republic of Indonesia, how the obstacles and efforts made by the Asahan Resort police in preventing ballpress smuggling, how to enforce the law against the perpetrators of the ballpress smuggling crime in the decision Number 85/Pid. Sus/2018/PN.Tbk. This study uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results of the study show that the legal regulation of smuggling in Indonesia is regulated in Law no. 17 of 2006 concerning Customs, Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 that imported goods must be in a new condition and Decree of the Minister of Industry and Trade No. 642/MPP/Kep/9/2002 concerning Changes Appendix I No.230/MPP/Kep/7/1997 states that new and used rags are prohibited for import by importers to enter Indonesia and Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/2015 concerning the Prohibition of the Import of Used Clothing . The obstacles that the Asahan Resort police do in preventing ballpress smuggling are perpetrators who provide fictitious information during the examination process. Efforts to prevent criminal acts of smuggling are carried out with 2 kinds of efforts, namely preventive and repressive efforts. Law enforcement against perpetrators of criminal acts of ballpress smuggling in Decision Number 85/Pid.Sus/2018/PN. Tbk is the perpetrator sentenced to imprisonment for 2 (two) years and a fine of Rp. 50,000,000, - (fifty million rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.
PERTANGGUNGJAWABAN PIDANA PERUSAKAN GEDUNG DAN FASILITAS RUTAN OLEH NARAPIDANA (Analisa Putusan Pengadilan Nomor 311/Pid.Sus/2019/PN. Sgi) Edumanihar Siagian; Suhaidi Suhaidi; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The treatment of differences in State Detention Centers is still frequent, so that this can lead to jealousy among detainees. One form of crime or crime that occurs in State Detention Centers is the destruction of spaces / buildings and facilities by inmates. The formulation of the problem in this thesis is how the factors that cause the destruction of the building and facilities of the detention center by inmates, what is the criminal responsibility of prisoners who destroy buildings and detention facilities, how judges consider in verifying the crime of destroying detention buildings and facilities in the verdict. Court Number 311 / Pid.Sus / 2019 / PN Sgi. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the factors that led to the destruction of the building and facilities of the detention center were dispenser problems in which the prisoners and prisoners were angry and objected because the dispensers that had previously been distributed and placed in the rooms of the prisoners had been taken back by the guards. / Rutan employees. The criminal responsibility for the convict who destroys the building and facilities of the detention center is that the defendant is sentenced to 9 (nine) months imprisonment. The judge's consideration in making a decision on the crime of destroying the buildings and facilities of the detention center in the Court Decision Number 311 / Pid.Sus / 2019 / PN Sgi is that the Panel of Judges has considerations starting from the demands of the Public Prosecutor, the fulfillment of the elements in accordance with the articles charged. and there are no justifying and forgiving reasons, so that they are found guilty, as well as burdensome and mitigating things.

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