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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 272 Documents
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PENERAPAN KEADILAN RESTORATIVE DALAM PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS YANG MENYEBABKAN KORBAN LUKA BERAT DAN MENINGGAL DUNIA (Penelitian di Satlantas Polres Batu Bara) Ferimon, Ferimon; Mulyadi, Mahmud; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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Theoretically the existence of restorative justice through mediation of penalties is a new dimension in the Indonesian criminal justice system. However, practically, restorative justice has long been applied in Indonesian society, especially in the scope of customary criminal law. But unfortunately, the settlement of traffic accident cases that have caused serious injuries and death through mediation by the law has not yet been integrated in criminal law. The problems in this study are, how do the legal arrangements and the application of restorative justice as well as the obstacles to the implementation of restorative justice in the settlement of traffic accident cases that cause serious injuries and deaths at the Police Traffic Police Traffic Unit?This type of research is empirical juridical research, while the nature of the study is descriptive analysis. Based on the results of the study, The legal basis for implementing restorative justice in the settlement of traffic accident cases refers to the discretionary authority of the police regulated in Article 18 of the Police Law and Circular Letter of the National Police Chief Number 8 of 2018 regarding the Application of Restorative Justice Justice in the Settlement of Criminal Cases. The implementation of restorative justice in the settlement of cases of traffic accidents that cause serious injuries and deaths at the Traffic Police Traffic Unit of the Coal Police Station has gone according to community expectations. In the case of a traffic accident that results in fatalities, restorative justice cannot be carried out. Barriers to the implementation of restorative justice in the settlement of traffic accident cases that cause serious injuries and deaths at the Traffic Unit of the Coal of Polres are influenced by two factors, namely the legal substance that has not been supported and the legal culture of the community which tends to have a paradigm of material values ​​in determining the size of justice.
THE ROLE OF POLICE PERSONNEL IN BANK SECURITY AS A CERTAIN VITAL OBJECT IN MAINTAINING STATE ASSETS AND THREATS TO SECURITY DISORDERS IN THE LAW OF THE SOUTH ACEH POLRES Arianto, Khusmaidi; Marlina, Marlina; Purba, Nelvita
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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In the midst of the escalation of security threats to vital objects, both Obvitnas and certain vital objects, precisely the security forces placed at each bank as certain vital objects are security units (Security Guard). Of course this is not in accordance with the implementation of the main tasks of the National Police in maintaining public order and security. The reality, it can be seen that most of the banking institutions are guarded by the Security Unit (Security Guard). The problem in this research is how is the authority arrangement of the National Police personnel in securing the Bank as a certain vital object? What is the role of Southeast Aceh Regional Police personnel in securing banks as certain vital objects in the Southeast Aceh Regional Police? What are the obstacles in the implementation of the role of South Aceh Regional Police personnel in securing banks as certain vital objects in the South Aceh Regional Police? This type of research is empirical juridical research, while the nature of the study is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. The research data consisted of primary and secondary data sources. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the organizer of securing the Bank as a certain vital object becomes the authority of the Regional Police Chief or is at the Regional Police level (in this case the Aceh Regional Police). Southeast Aceh Regional Police, do not have the authority to provide security services and/or provide security management system services to banks as managers of certain vital objects. Aceh Tenggara Police officers as members of the National Police in the jurisdiction of the Aceh Regional Police can be placed at certain banks to provide security services. Obstacles in the implementation of the role of personnel of the Southeast Aceh Regional Police in securing banks as certain vital objects in the Southeast Aceh Regional Police, which lie in the legal substance, legal structure and legal culture.
APPLICATION OF THE LAW OF QUALIFICATION OF CRIMINAL MAKING AGAINST NARCOTIC USERS IN THE LEVEL INVESTIGATIONS IN WEST ACEH POLRES Siregar, Mahdian; Marlina, Marlina; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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As a measure of action that can be imposed on an addict is Article 127 jo Article 54 jo Article 103 of the Narcotics Act. However, the substance of the Narcotics Act does not provide a clear conception of narcotics abusers that are categorized as users, addicts and victims of narcotics, so that they can be clearly and decisively distinguished from narcotics dealers and precepors. As a result, the application of the law against drug users, has not yet fully realized legal certainty. The problems in this study are about how the qualifications of narcotics abusers and the application of criminal law against narcotics abusers and obstacles to police investigators in the Southwest Aceh Narcotics Police Unit in applying the qualifications of narcotics abusers in?This type of research is empirical juridical research. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the qualifications of narcotics abusers are divided into three types, namely: users, addicts and victims of narcotics abusers. However, the subjects of these qualifications are not clearly regulated in the Narcotics Act. The application of criminal law against narcotics abuse by investigators of the Southwest Aceh Narcotics Unit has not yet been able to be applied to the maximum, therefore certain conditions are difficult to declare a person as an addict and victim of narcotics abuse. The obstacles of investigators in applying the qualifications of narcotics abusers are influenced by the legal subsystem in the narcotics criminal legal system. Substantially the Narcotics Law does not clearly regulate narcotics crime based on its subjects. Viewed from the aspect of the legal structure, narcotics law enforcement has not yet led to law enforcement efforts, particularly the National Police to prevent, protect and save the Indonesian people from abuse of Narcotics.
CORRUPTION PREVENTION AND MANAGEMENT TAKEN BY REGIONAL HEAD IN ISLAMIC CRIMINAL LAW PERSPECTIVE Misnan, Misnan; Purba, Nelvita; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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Studies of corruption in the perspective of religion are still very limited. Whereas in the Islamic legal treasury there are various references to the problem of corruption that can be used as references or material for reflection that can be used as a basis in conducting policies to combat corruption. In the Qur'an and Sunnah there are so many relevant propositions regarding corruption, which can be used as the main source of law in formulating criminal acts of corruption and their mitigation efforts. The problem in this study, namely regarding how the qualifications of acts of corruption in the perspective of Islamic criminal law? What is the criminal sanction for each qualification of acts in a criminal act of corruption according to Islamic criminal law? What are the efforts and obstacles in preventing and overcoming corruption by the regions in the perspective of Islamic criminal law ?. The type of this research is normative juridical research. The data analysis used in this study is qualitative data analysis. Based on the results of the study, corruption in the perspective of Islamic law is qualified as jarimah ta’zir. In jinayah fiqh, several acts that are identical with corruption are identified in 4 (four) types, namely ghulu, risywah, betrayal and ghasab. Corruption is a criminal offense that is classified in jarimah ta'zir, so the forms, sanctions or penalties to be applied, and the execution of the punishment are left entirely to the government or the authorities. The government is given the freedom to determine the forms of their fingerprints and sanctions according to the benefit to be achieved. Efforts to prevent and eradicate corruption in the perspective of Islamic criminal law are carried out with three strategies, namely: prevention, deductive and refressive strategies.
ISLAMIC LAW APPROACHES IN THE IMPLEMENTATION OF REHABILITATION AS A EFFORTS TO TREAT ABUSE NARCOTICS FOR NARCOTICS IN BANDA ACEH HIJRAH FOUNDATION FOUNDATION Sunardi, Sunardi; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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Social rehabilitation through a religious approach is an effort to recover from narcotics abusers so that they can live better and be more responsible in the future. Social rehabilitation is a manifestation of the development of the Indonesian people as a whole which aims to shape the nation's character. The problems in this study, namely: What is the legal provisions for the implementation of rehabilitation for drug addicts who undergo rehabilitation? What is the provision of the rehabilitation process for narcotics addicts and how is the Islamic legal approach in implementing rehabilitation for narcotics addicts in the rehabilitation center of the Banda Aceh hijrah gate? This type of research is empirical juridical research. The data analysis used in this study is qualitative data analysis. Based on research results, the implementation of rehabilitation for narcotics addicts undergoing rehabilitation according to the Narcotics Act can be done in two ways, namely based on a court decision or recommendation from an agency with an assessment and voluntarily by carrying out compulsory reporting for themselves by an addict who is sufficient age and by parents/guardians for addicts who are not old enough. The rehabilitation process for narcotics addicts undergoing rehabilitation at the rehabilitation center of the Pintu Hijrah Banda Aceh Foundation is carried out in three stages, first, the medical rehabilitation stage (detoxification), the non-medical rehabilitation stage by following various programs in the rehabilitation place and the advanced care stage (after care) . The Islamic legal approach in the implementation of rehabilitation for narcotics addicts in the rehabilitation center of the Pintu Hijrah Foundation in Banda Aceh has a great influence on the change in behavior of narcotics residents. Based on the results of the Ministry of Social Republic of Indonesia's assessment, the percentage of successful rehabilitation of addicts is 80% of the total number of residents who have participated in rehabilitation programs at the Banda Aceh Hijrah Door Foundation.
APPLICATION OF PROVISIONS ARTICLE 127 JO ARTICLE 103 LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS IN LAW ENFORCEMENT NARCOTICS MISUSE (Study of Several District Court Decisions) Syamsuir, Syamsuir; Marlina, Marlina; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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The substance of the Narcotics Act has not provided a clear conception regarding the application of the law to narcotics users who use narcotics for themselves who are qualified as addicts and narcotics victims. As a result, the application of the law against narcotics users, has not yet fully realized legal certainty. dapun problems in this study regarding the application of Article 127 in conjunction with Article 103 of the Narcotics Act? Regarding the obstacles in applying the provisions of Article 127 in conjunction with Article 103 of the Narcotics Act against narcotics abusers? What is the ideal criminal law policy in making effective the implementation of Article 127 in conjunction with Article 103 of the Narcotics Act?This type of research is normative juridical research, while the nature of the study is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. The research data consisted of secondary data sources. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the application of Article 127 in conjunction with Article 103 of the Narcotics Act against abusers who use narcotics for themselves does not yet have legal certainty. The substance of the Narcotics Act is still ambiguous. Obstacles in applying the provisions of Article 127 in conjunction with Article 103 of the Narcotics Act, are influenced by three factors, namely the legal substance factor that has not been supported. Legal structure factors, related to the not yet created professionalism of law enforcement officers in law enforcement and legal cultural factors, that is related to community legal awareness. The ideal criminal law policy in streamlining the application of Article 127 in conjunction with Article 103 is to revise the provisions of the Narcotics Act, specifically Article 112 Paragraph (1) of the Narcotics Act by adding the phrase "with the intention of selling or distributing narcotics ...".
THE ROLE OF THE POLICE IN THE INVESTIGATION PROCESS AGAINST BUDGET DEVIATION VILLAGE SHOPPING USAGE (A Case Study on the Accountability Corruption of the Tanah Bersih APBDes in Tebing Syahbandar Ta. 2017) Simanjuntak, Tomson; Marzuki, Marzuki; Lubis, Yamin
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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In investigating corruption, there are three institutions/ institutions that have the authority to conduct investigations, namely: police investigators, prosecutors and the Corruption Eradication Commission. In this study, the focus is on investigations conducted by police investigators. The formulation of the problem in this study is What is the role of the police in the investigation of irregularities in the use of village spending by the village head? What is the mechanism for investigating the deviation in the use of village expenditure by the Village Head? What are the obstacles and efforts of the investigator in conducting an investigation into the deviation of the budget for the use of village spending by the Village Head? This research is based on empirical juridical research, while the nature of the study is descriptive analysis. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the role of the police in carrying out the investigation process against irregularities in the APBDes, relates to the authority possessed by the police in its position as a law enforcement agency that is part of the criminal justice system (criminal justice system) which by law is given the authority to conduct investigations of all criminal offenses, including those against alleged corruption. The investigation mechanism for irregularities in the use of village spending by the village head of Tanah Besi is based on community reports, which is in accordance with Police Report Number: LP/116/III/2019/SU/REST.HIGH/RESKRIM dated March 26, 2019. Investigators' obstacles in conducting investigations on the occurrence of irregularities in the use of village expenditure budget by the Village Head, including internal and external obstacles.
ONLINE LOAN PRACTICE (PIJOL) VIEWED FROM PERPSECTIVE OF THE BANKING LAW SYSTEM (STUDY IN MEDAN CITY) Wahyudi, Taufiq; Mustamam, Mustamam; Mukidi, Mukidi
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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The phenomenon of online lending in society today has become quite an unsettling social phenomenon. Because online lending practices that charge high interest rates are not much different from loan sharks (loan sharks) who ensnare the poor. Many of the systems applied in online lending practices are not in accordance with the banking legal system. As for the problems in this study regarding how the legal provisions of online lending practices according to the banking legal system in Indonesia? How is the mechanism for implementing online loans currently developing in the community? What is the legal protection of borrowers in online loan practices? This type of research is normative juridical research, while the nature of the study is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. The research data consisted of primary and secondary data sources. The data analysis used in this study is qualitative data analysis. Based on the results of the study, online loans in the perspective of banking law, can be said to be in accordance with the banking legal system. The online loan agreement is based on the legal agreement stipulated in the Civil Code as a general provision in the credit agreement which is also applied by banks. In addition, the online loan agreement also applies banking legal principles. The online loan implementation mechanism that is currently developing in the community is based on technology called Fintech Peer to Peer Lending, where there are three parties involved, namely: lenders, loan recipients and fintech providers. Legal protection for borrowers in the practice of online lending has yet to have legal certainty. The essence of the Financial Services Authority Regulation No. 77/POJK.01/2016, only directs that online loan service providers register with the OJK. This means that the substance of the OJK regulations has not fully provided protection for customers, both in terms of preventive and refressive efforts.
THE ROLE AND STATUS OF DIGITAL FORENSIC EXPERIENCES IN ANALYZING DIGITAL EVIDENCE ON THE EVIDENCE OF CYBERCRIME CRIMINAL ACTION IN NORTH SUMATERA POLDA Zulkifli, Zulkifli; Marlina, Marlina; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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With regard to proving cybercrime, digital forensic or digital forensic laboratories are urgently needed, which aims to investigate and establish facts relating to criminal incidents and other legal issues. As for the problems in this study, namely: What is the legal arrangement of evidence in proving cyber crime? What is the authority of digital forensic experts in uncovering digital evidence on cyber crime? What are the obstacles found by digital forensic experts in the process of proving cyber crime?This type of research is empirical juridical research, while the nature of the research is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. Research data sources consist of primary and secondary data. The data analysis used in this study is qualitative data analysis. Based on the results of the research, the evidence in proving cyber crime is obtained from electronic evidence in the form of electronic information and/or electronic documents relating to criminal acts. The collection of electronic evidence is carried out by the implementation of digital forensics by the North Sumatra Regional Police digital forensic expert. Electronic evidence, so that it can be used as electronic evidence and become legal evidence in evidence in court by meeting formal and material requirements as legal evidence. The authority of digital forensic experts relates to their position and function to explain and explain electronic evidence that is used as digital evidence in the process of proving cybercrime criminal cases as regulated in Article 184 paragraph (1) of the Criminal Procedure Code jo Article 5 paragraph (2) of the ITE Law. The obstacles of digital forensic experts in uncovering cybercrime cases include the nature of electronic evidence which is very vulnerable, because it is easily changed, deleted, or hidden by the culprit. Human resources who understand digital forensic are still weak, inadequate facilities and infrastructures and very limited budget.
PENERAPAN SANKSI HUKUM PEMECATAN TERHADAP ANGGOTA KEPOLISIAN REPUBLIK INDONESIA (POLRI)YANG TERBUKTI MELAKUKAN TINDAK PIDANA NARKOTIKA Anwar, Muliadi
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
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Penyelesaian perkara pidana terhadap anggota Polri yang melakukan tindak pidana dilakukan melalui beberapa persidangan, yaitu persidangan di peradilan umum dan sidang Kode Etik Profesi Polri (KEPP), yang dilaksanakan setelah adanya putusan pengadilan yang memiliki kekuatan hukum tetap. Mekanisme penyelesaian perkara pidana bagi anggota Polri yang melakukan tindak pidana dilakukan pemeriksaan pendahuluan oleh penyidik Kepolisian dengan mempertimbangkan kepangkatan. Penerapan sanksi hukum bagi pemecatan bagi anggota Polri yang melakukan tindak pidana narkotika di Kepolisian Daerah Sumut telah sesuai dengan ketentuan hukum yang berlaku, dimana sanksi pemberhentian dengan tidak hormat diberikan kepada oknum anggota Polri yang terlibat peredaran narkotika, sedangkan terhadap oknum anggota Polri yang dikualifikasi sebagai pengguna narkotika masih, sangat bergantung pada pertimbangan atasan

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