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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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PERTANGGUNGJAWABAN PIDANA PENGELOLA TEMPAT WISATA AKIBAT KELALAIAN YANG MENGAKIBATKAN WISATAWAN MENGALAMI KECELAKAAN (Studi di Dinas Pariwisata Kabupaten Mandailing Natal) Efrida Yanti; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

With regard to accidents in tourism destinations, if the manager is negligent in managing a tourism destination that can cause accidents, then the manager of the tourist spot due to the negligence can be held liable for crime. The formulation of the problem in this thesis is how to regulate the criminal responsibility of managing tourist attractions due to negligence that causes tourists to have accidents, how is the responsibility of the managers of tourist attractions due to negligence which resulted in tourists having accidents, how are criminal sanctions against managers of tourist attractions due to negligence which resulted in tourists having accidents. The research method used is descriptive analysis which leads to normative juridical legal research, namely research conducted 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 criminal responsibility arrangement for managing tourist attractions due to negligence which resulted in tourists having an accident is regulated in the Criminal Code. The responsibility of the manager of tourist attractions due to negligence which results in tourists having accidents is that they can be held liable for not providing legal protection to tourists as regulated in Article 20 Law No. 10 of 2009. Criminal sanctions against managers of tourist attractions due to negligence which result in tourists having accidents can be imposed as regulated in the Criminal Code while Law Number 10 of 2009 concerning Tourism does not regulate criminal provisions specifically regulating sanctions for managers of tourist attractions in the event of an accident but only regulates that tourists who commit criminal acts may be subject to criminal sanctions.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK TENAGA KERJA MENURUT QANUN NOMOR 7 TAHUN 2014 TENTANG KETENAGAKERJAAN Endro Prakoso; Marzuki Marzuki; Mustamam Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The rights of workers according to Qanun Number 7 of 2014 generally refer to Law Number 13 of 2003 concerning Manpower. However, at certain points, there are differences in substance, namely in relation to protection and “meugang” holiday time to welcome Ramadan, Eid al-Fitr and Eid al-Adha, there are also holidays commemorating the Tsunami and the rights of workers / laborers to receive meugang allowances to welcome Ramadan and Eid al-Adha. The weakness of the protection of workers' rights in Qanun Number 7 of 2014, which is related to the obligation of companies and entrepreneurs to provide Meugang allowances in Article 48 of the Qanun which are unclear and firm. Another weakness, namely the provisions of Article 66 and Article 67 of the Qanun, which involves workers / laborers in implementing corporate social responsibility. It can be said that the legal provisions regarding the protection of workers / labor rights in Qanun Number 7 of 2014 concerning Manpower, can be said that it has not guaranteed certainty and justice.
IMPLEMENTASI KEBIJAKAN WALIKOTA BINJAI DALAM MEMBERIKAN BANTUAN SOSIAL KEPADA MASYARAKAT PADA SAAT PANDEMI COVID-19 DI KOTA BINJAI (Studi Perspektif Tentang Peraturan Walikota Dalam Pemberian Bantuan Sosial) Firmansyah Putra Surbakti; Marzuki Marzuki; Mukidi Mukidi
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

Social assistance is the provision of assistance that is not continuous and selective in the form of money / goods to the community with the aim of improving the welfare of the community. The formulation of the problem in this thesis is how the Binjai Mayor's policy implementation in providing social assistance, the human resource capacity of the Social Service in distributing social assistance, procedures and mechanisms for distributing social assistance. This type of research is a normative juridical research which is based on statute and empirical juridical research by conducting interviews with staff / employees of the Binjai Social Service. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the implementation of the Binjai Mayor's policy in providing social assistance is that social assistance can be given to individuals or families that cannot be planned in advance and in providing social assistance, the Regional Government still pays attention to regional financial capabilities. The ability of the Social Service's human resources in distributing social assistance is a committee formed to collect data and distribute social assistance to underprivileged residents affected by Covid-19 in Binjai City, which is tasked with coordinating the planning of distributing social assistance to less fortunate people affected by Covid-19 in Binjai City The procedures and mechanisms for distributing social assistance are that potential recipients are people who are included in the RT / RW data collection and are in Kelurahan / Desa, have lost their livelihoods in the midst of the corona pandemic, prospective recipients are not registered as other recipients of social assistance from the central government.
PERTANGGUNGJAWABAN HUKUM BAPPEDA KOTA BINJAI DALAM PENGELOLAAN BARANG MILIK DAERAH UNTUK MEWUJUDKAN GOOD GOVERNANCE Gerriyent Gerriyent; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The administration of government in accordance with the principles of Good Governance is part of the demands of a democratic system and the rule of law, which requires transparency and accountability so that the right of people's participation is opened which is the main element of democratization. The formulation of the problem in this thesis is how to regulate legal accountability in the management of regional property, how to implement the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance, what are the obstacles in implementing the law of Binjai City Bappeda in the management of regional property and what are the solutions. The research method used is descriptive analysis that leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials and empirical research by conducting interviews. Primary and 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 legal liability in the management of regional property has basically been carried out in accordance with the applicable regulations, namely based on Permendagri No. 19 of 2016. The implementation of the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance has been regulated in laws and regulations that should be followed up by regulation through regional legal products to be applied in regulating, managing and managing assets from the government concerned. Barriers to the implementation of the law of the City of Binjai Bappeda in the management of regional property are limited knowledge and understanding of human resources and the lack of commitment from SKPD leaders in managing Regional Property.
ANALISIS JUAL BELI DENGAN MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH (Studi Analisis Di Bank Syariah Indonesia Cabang Rantau Prapat) Hudrah Dewiyana; Mustamam Mustamam; Adil Akhyar
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The implementation of financing under the murabahah agreement is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSNMUI / IV / 2000 concerning Murabahah. The murabahah contract in question is selling an item by confirming the purchase price to the buyer and the buyer paying a higher price. The problem formula in this thesis is how to arrange the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how are the solutions to external and internal obstacles in the implementation of buying and selling using the murabahah contract at Bank Syariah Indonesia Rantau Prapat. This type of research is a normative juridical research that is based on statute and empirical juridical research by conducting interviews with the Head of the Branch of Bank Syariah Indonesia Rantau Prapat. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the arrangement for the implementation of the murabahah contract carried out at Indonesian Sharia Bank is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSN-MUI / IV / 2000 concerning murabahah. The implementation of the murabahah contract at Bank Syariah Indonesia is a financing provided by banks to prospective debtor customers to finance their business needs through working capital financing, investment, people's business credit (KUR), bud, middle and main financing by using the murabahah contract as the financing agreement contract. . Barriers to Implementation of Murabahah Agreement at Indonesian Sharia Bank are customers do not carry out their payment / payment obligations on the agreed time, documents or information submitted by the customer to the bank are fake, invalid, or incorrect.
ANALISIS YURIDIS WANPRESTASI TERHADAP AKTA PENGAKUAN HUTANG DALAM PERJANJIAN KERJASAMA PEMASUKAN MODAL (Studi Putusan Mahkamah Agung Nomor 191 K/Pdt/2019) Jonatan Samosir; Mustamam Mustamam; Adil Akhyar
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

Default in the implementation of capital investment cooperation agreements is a phenomenon that often occurs in practice. Many factors cause default, it could be due to the fault of the parties or outside the fault of the parties. The formulation of the problem in this thesis is how the legal strength of the debt recognition deed in the capital investment cooperation agreement, what is the legal effect of default on the debt recognition deed in the capital investment cooperation agreement, how is the legal consideration of the judge judge in deciding case No. 191 K / Pdt / 2019. 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 show that the legality of the debt recognition deed in the capital investment cooperation agreement is a perfect means of evidence for the parties in the event of a dispute in court. As a result of the default law on the deed of debt recognition in the capital investment cooperation agreement, the injured party sues so that the party causing the loss is required to provide compensation as stipulated in the cooperation agreement which determines that the party who breaks the promise is willing to be sued and bear all costs arising from the collection the. Judge Judge's legal considerations in deciding case No. 191 K / Pdt / 2019 is that the agreement has been valid and binds the parties as law, so that the legal relationship between the plaintiff and the defendant is a debt and credit relationship accompanied by interest in which the plaintiff and defendant agree that the plaintiff is the creditor (creditor) while the defendant is an indebted party (debtor) provided that the defendant must repay the loan within 3 (three) months, accompanied by profit payments.
PERAN INTELIJEN KEJAKSAAN DALAM MENGUNGKAP PERKARA TINDAK PIDANA KORUPSI M. Dedy Iskandar Harahap; M. Yamin Lubis; Nelvitia Purba
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The rise of corrupt practices in Indonesia has made this criminal act known as an extra ordinary crime so that it also needs extraordinary law enforcement. One of the ways to enforce the law of corruption is the Attorney General's Office. The formulation of the problem in this thesis is how the intelligence duties and functions of the Prosecutor's Office according to Law Number 16 of 2004 concerning the Prosecutor's Office, what is the role of the intelligence of the Attorney in uncovering cases of corruption, what are the obstacles and efforts of the Attorney's intelligence in uncovering corruption cases. 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 intelligence duties and functions of the Attorney General were as a source of information, data and support. In the investigation process, intelligence agents carry out activities in the form of target analysis, task analysis and determining operational targets to collect data and collect information that will serve as evidence that a criminal act of corruption has been detrimental to state / regional finances. In general, the role of the Attorney General's intelligence office in uncovering criminal cases of corruption has a role, namely in the case of investigations into criminal acts of corruption by the intelligence. Prosecutor's Office in order to obtain information and disclosure materials to proceed to the investigation process by a special criminal section, preventive or preventive efforts by establishing a Guard Team. and Government Security and Regional Development (TP4D) based on a letter from the Attorney General's Order, and Intelligence at the State Prosecutor's Office in the search for fugitives from the prosecution / court. The obstacles to the intelligence of the Attorney General's Office in uncovering cases of criminal acts of corruption are in the case of summoning witnesses, collecting evidence, and fear of parties being questioned regarding the intervention of related agencies. Efforts to overcome this are by extending time in the process of summoning witnesses and collecting evidence related to cases.
PENYELESAIAN SENGKETA AKIBAT WANPRESTASI PIHAK PENYEDIA BARANG DAN JASA MELALUI ELEKTRONIK KEPADA PEMERINTAH PERSFEKTIF PERATURAN PRESIDEN NOMOR 16 TAHUN 2018 TENTANG PENGADAAN BARANG/JASA PEMERINTAH Muhammad Ikhsan Siregar; Mukidi Mukidi; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The procurement of goods/services is funded from the State/Regional Revenue and Expenditure Budget (APBN/APBD), and generally always increases from year to year. Likewise, the components of APBN/APBD expenditure in the form of capital expenditure (investment)/direct expenditure, the implementation of which is carried out through the procurement of goods/services. The formulation of the problem in this thesis is how to procure government goods/services through electronic procurement services to the government, how to resolve disputes due to default on government procurement of goods/services through electronic procurement services to the government, how legal solutions are carried out in government procurement of goods/services. through electronic services. 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 show that the procedure for procuring government goods/services through the government electronic procurement services is regulated in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services which has been fully and in sufficient detail in the process. government procurement of goods/services. Settlement of disputes due to default on government procurement of goods/services through electronic procurement services to the government, namely if the parties commit acts that are not in accordance with the provisions for procurement of goods and services based on Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Goods/ Government services, will be subject to sanctions in the form of administrative sanctions, sued for compensation / being sued in a civil manner.
TINJAUAN YURIDIS PERLINDUNGAN HAK-HAK NORMATIF TENAGA KERJA SETELAH BERLAKUNYA UNDANG-UNDANG CIPTA KERJA (OMNIBUS LAW) Muhammad Zubi; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

The Job Creation Law, entitled Omnibus Law, is one of the government's progressive steps in the field of law. The aim of the Omnibus Law is to eliminate the overlap between laws and regulations, both in the same sector or those that are contradictory to each other and then reorganize. The formulation of the problem in this thesis is how to regulate the normative rights of workers in the Omnibus Law, how the weaknesses and strengths of the Omnibus Law in regulating the normative rights of workers compared to the Law -Law Number 13 of 2003, how to protect the law on the normative rights of workers in the Work Creation Act (Omnibus Law). 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 labor normative rights in the Work Creation Law (Omnibus Law) is the protection of workers / laborers regulated in Article 80 which regulates the strengthening of protection for workers and increases the role and welfare of workers in supporting the investment ecosystem. The weakness of the Omnibus Law in regulating the normative rights of workers compared to Law Number 13 of 2003 is that the Job Creation Law is very detrimental to workers / laborers. Legal protection of the normative rights of workers in the Omnibus Law related to the articles governing Manpower which are summarized in Article 81 has not yet accommodated guarantees of rights for workers. Guarantee of workers' rights, which in principle should have guaranteed legal protection, but if it is related to the issues raised in Law Number 11 of 2020 concerning Job Creation.
FAKTOR PERCERAIAN DI MASA PENDEMI COVID-19 KASUS DI PA Nomor 1418/Pdt.G/2020/Pdt.Mdn Herlina Hanum Harahap; Maulana Ramadhan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

Law No. 1 of 1974 provides an understanding of marriage. Article 1 states that marriage is an inner and outer bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family (household) based on God Almighty. The definition of divorce in general is the breaking of the marital relationship between husband and wife in marriage law caused by certain causes which according to both parties cannot be reunited in a sacred marriage bond. The problem of this research is what is the factor in divorce during the COVID-19 pandemic, decision number 1418/Pdt.G/2020/Pdt.Mdn, The method used in this study The approach method of this research uses an empirical juridical approach. The empirical juridical approach method is used to analyze the laws and regulations relating to marriage and divorce and there are legal principles. And also conduct field research directly to the Medan Religious Court. The conclusion of this study is that you have to be patient in dealing with the problems given by Allah SWT.

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