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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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ANALISIS KEBIJAKAN KEWAJIBAN VAKSINASI COVID-19 OLEH PEMERINTAH TERHADAP SETIAP WARGA MASYARAKAT DALAM PERSPEKTIF HAK ASASI MANUSIA DAN HAK KONSTITUSIONAL WARGA NEGARA Ginting, Oskar Arifandi; Lubis, M. Yamin; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The role of the state in fulfilling the basic needs of the people is very necessary, especially in the form of comprehensive health services, with health being recognized as one of the human rights. The formulation of the problem in this thesis is how to regulate the implementation of vaccination against citizens, what are the factors that cause rejection from the community towards the implementation of vaccination programs organized by the government, whether the obligation to carry out vaccinations against citizens is contrary to human rights and constitutional rights of citizens. This type of research is normative juridical, namely research based on law. 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 regulation of the implementation of vaccination against citizens is regulated in the Indonesian constitution which guarantees health insurance for its citizens, as embodied in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. by the government, health workers who have survived Covid-19 still have doubts about being vaccinated, the environment, namely if the people closest to them are against and continue to influence them, there is a possibility that they will also be against the effectiveness of vaccines, mindsets, values ​​held and people doubt the halalness of vaccines. The obligation to carry out vaccination of citizens is a basic right that must be guaranteed, because health is part of the primary needs of every human being and in the perspective of fulfilling the basic rights of citizens to health, the government is bound by the responsibility to ensure adequate access for every citizen to health services that appropriate and optimal as an effort to respect, protect and fulfill state obligations by implementing human rights norms on the right to health.
EKSISTENSI PERBANKAN SYARIAH SEBAGAI NADZIR DALAM PENGEMBANGAN DAN PENGELOLAAN WAKAF UANG PERSPEKTIF UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF (Studi Pada PT. Bank Sumut Syariah-Cabang Lubuk Pakam) Moertiono, Raden Juli; Lubis, M. Yamin; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Bank Sumut Syariah Lubuk Pakam Branch has not been designated as LKS-PWU. So that PT. Bank Sumut Syariah Lubuk Pakam Branch has not been able to receive and directly manage the cash waqf from muwakif. PT. Bank of North Sumatra Syariah, also has not met the requirements to be recommended as LKS-PWU by BWI. Barriers of PT. Bank Sumut Syariah-Lubuk Pakam Branch in its position as nadzir to manage and develop cash waqf, is PT. Bank Sumut Syariah-Lubuk Pakam Branch is not included as a LKS-PWU appointed by the minister. The efforts of Islamic banks as nadzir are to increase the role of nadzir and the Indonesian Waqf Board as well as Sharia Financial Institutions and also Sharia Business Units. then encouraging the community's interest in implementing cash waqf and also changing the community's paradigm of waqf. Especially for PT. Bank of North Sumatra Syariah-Lubuk Pakam Branch, must meet the requirements as LKS-PWU which have been stipulated by laws and regulations.
PANCASILA SEBAGAI STAATSFUNDAMENTALNORM INDONESIA DALAM PEMBENTUKAN HUKUM NASIONAL (Perspektif Undang-Undang Cipta Kerja Nomor 11 Tahun 2020 Tentang Cipta Kerja) Novrizal, Rahmat Irwan; Marzuki, Marzuki; Nasution, Mirza
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Pancasila is said to be normative, because Pancasila serves as the base and ideal prerequisite in every formation of positive law. The things that underlie the controversy over the formulation and formation and ratification of Law Number 11 of 2020 concerning Job Creation are that many ignore the welfare of workers through policy revisions that favor the owners of capital. The formulation of the problem in this thesis is how the things that underlie the controversy over the formulation and formation and ratification of Law Number 11 of 2020 concerning Job Creation, how to protect the rights of workers in Law Number 11 of 2020 concerning Job Creation, how Pancasila as a staatsfundamentalnorm in the formation of national law, especially in the formation of the Job Creation Act. 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 of the study indicate that the protection of workers' rights in Law Number 11 of 2020 concerning Job Creation is related to the articles governing Manpower which are summarized in Article 81, so it has not accommodated guarantees of rights for workers. Pancasila as a staatsfundamental norm in the formation of national law, especially in the formation of the Job Creation Act is to regulate and be able to formulate legislation, national legal politics must refer to Pancasila which is based on morals and religion, respects and protects human rights without discrimination and racist, uniting all elements of the nation with all their primordial ties and placing power under their control and building social justice for all Indonesian people.
PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI DANA DESA OLEH PANGULU NAGORI (DESA) NAGORI DESA PEMATANG SINAMAN (Studi Putusan PN. Tipikor Nomor 67/Pid.Sus.TPK/2019/ PN.Mdn) Pandiangan, Ramces; Marlina, Marlina; Purba, Nelvitia
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Misuse cases that occur in village fund management are carried out in various modus operandi, such as drafting a budget fee above the market price then paying based on another agreement, temporarily borrowing village funds by transferring funds to a personal account and then not returning it. The formulation of the problem in this thesis is how the deviation of village funds by Nagori leaders in Pematang Sinaman village related to village funds in 2015 in Simalungun Regency, North Sumatra Province, how are the accountability of the perpetrators of corruption in village funds in PN decisions. Tipikor No.67 / Pid.Sus.TPK / 2019 / PN.Mdn, what is the basis for the judge's consideration of the decision against the defendant in the PN decision. Tipikor No.67 / Pid.Sus.TPK / 2019 / PN.Mdn. 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 deviation of village funds by Nagori leaders in Pematang Sinaman village related to village funds in 2015 in Simalungun Regency, North Sumatra Province was the Village Fund Budget that had been disbursed by the defendant Darma Suardi as the Head of Tanah Besih Village together with Muhammad Noor as Treasurer of Tanah Besih Village. However, in carrying out activities using village funds, other village officials were not involved. The accountability of perpetrators of corruption in village funds in PN decisions. Tipikor No.67 / Pid.Sus.TPK / 2019 / PN.Mdn is Darma Suardi sentenced to prison for 6 (six) years and a fine of Rp. 200,000,000, - (two hundred million rupiah). in the District Court decision. Tipikor No.67 / Pid.Sus.TPK / 2019 / PN.Mdn is the defendant's actions in accordance with the legal facts revealed in court and there is no justification or excuse.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK DALAM KASUS KEKERASAN SEKSUAL (Studi Kasus Putusan Pengadilan Negeri Banda Aceh) Setyadi, Rangga; Yamin, Muhammad; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Legal protection for women and children in cases of sexual violence in the city of Banda Aceh is regulated in various laws and regulations, namely national laws and regulations that apply specifically to the Aceh region, in the form of Qanun. Law enforcement against perpetrators of sexual violence against children in the city of Banda Aceh, there has been a dualism of law. The Aceh government, in addition to implementing the laws and regulations that apply nationally, also implements Qanun No. 6/2014 on Jinayat. Legal protection for women and children in cases of sexual violence at the Banda Aceh District Court is carried out through the imposition of the fairest verdicts against the defendants. In this case, the justice meant is justice for the victim. The verdict handed down by the Banda Aceh District Court against the defendant in the case of sexual violence against women (rape) is still too light, so that it has not brought justice to the victim, which is part of the form of legal protection for the victim.
ANALISIS YURIDIS PENERAPAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERKAIT DENGAN PENYEBARAN UJARAN KEBENCIAN MELALUI MEDIA SOSIAL Pane, Relly Rakhmani; Purba, Nelvitia; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The dissemination of information containing hate speech content has been formulated as a criminal offense or prohibited act as formulated in Article 27 paragraph (3) in conjunction with Article 28 Paragraph (2). Violation of this article is punishable by criminal sanctions as stipulated in Article 45, namely a maximum penalty of 6 years in prison and a maximum fine of Rp. 1,000,000,000., (One billion rupiah). Law enforcement with the application of the ITE Law on the freedom of expression of citizens, currently has an impact on freedom of expression and opinion, especially in relation to the freedom conveyed by a person or group of people in criticizing government policies. Protection of the freedom of expression of citizens in relation to the application of the ITE Law. Until now, there is no policy direction in the ITE Law that describes the protection of freedom of expression and opinion for every citizen. The revision of the ITE Law, has not shown any substantive changes that provide freedom for citizens to express their opinions.
ANALISIS YURIDIS TERHADAP PENOLAKAN VAKSINASI COVID-19 DITINJAU DARI HUKUM PIDANA (Suatu Analisis Terhadap Peraturan Daerah DKI Jakarta Nomor 2 Tahun 2020 Tentang Penanggulangan Covid-19 Di DKI Jakarta) Sari Ramadhan, Renda Sumber; Purba, Nelvitia; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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During the Covid-19 pandemic, the Government of Indonesia continued to work to deal with the spread of Covid-19. One of the efforts made by the Indonesian government is to carry out mass vaccinations that will be given free of charge to the public. The formulation of the problem in this thesis is how the legal arrangements for the implementation of the covid-19 vaccination are, how are the criminal sanctions against the refusal of the covid-19 vaccination in the DKI Jakarta Regional Regulation Number 2 of 2020 concerning Covid-19 Response in DKI Jakarta, what is the political policy of the legal sanctions for fines against citizens refusing to be vaccinated against COVID-19. This type of research is normative juridical, namely research based on legislation and empirical juridical. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results of the study indicate that the legal regulation for the implementation of the covid-19 vaccination is Presidential Regulation No. 14 of 2021 concerning Amendments to Presidential Regulation No. 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (Covid-19) Pandemic. That any person who has been designated as the target recipient of the Covid-19 Vaccine but refuses it may be subject to administrative sanctions. Criminal sanctions for refusing to vaccinate COVID-19 in DKI Jakarta Regional Regulation Number 2 of 2020 concerning Covid-19 Response in DKI Jakarta are dependent on the authority of each regional government. Sanctions can be given to the public to comply with the COVID-19 vaccination program. In principle, sanctions are the authority of the local government, and can be given so that the community obeys and participates in the vaccination program so that herd immunity can be achieved easily.
ANALISIS KRIMINOLOGI KORUPSI ANGGOTA DPRD SUMUT TERKAIT LAPORAN PERTANGGUNGJAWABAN PELAKSANAAN APBD (Studi Kasus Korupsi Anggota DPRD Sumut) Santoso, Santoso; Marzuki, Marzuki; Purba, Nelvitia
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The form of corruption committed by members of the North Sumatra DPRD related to the accountability report of the Provincial Government's APBD in the 2012-2014 Fiscal Year is bribery or gratuity, which is related to the implementation of its functions and duties in making legislation (legislation), approving the budget ( budgeting), and supervision (controling) of the implementation of local government policies. Bribery as a criminal offense for corruption in the PTPK Law is regulated in several articles, namely: Article 5 paragraph (1) letters a and b, Article 11, Article 12 B, Article 13 of the Corruption Eradication Law. Corruption committed by DPRD members from a criminological perspective is a crime. Interpretation of crimes against an act that is categorized as a criminal act of corruption, because the act is deemed to have caused unrest for the community. Efforts to prevent and eradicate corruption, which are ideal in a criminological perspective, can be carried out in two ways, namely penal and non-penal efforts.
PENEGAKAN HUKUM TERHADAP PELAKU PERZINAHAN DALAM PERSPEKTIF KUHP DAN QANUN DI LHOKSUKON ACEH UTARA Purba, Simon; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Adultery in Islamic law is considered a very condemnable act and is considered a finger. The problems in this discussion are how to regulate the crime of adultery according to the Criminal Code, how to commit adultery according to Qanun Number 6 of 2014 concerning Jinayat Law, how to compare the crime of adultery according to the Criminal Code and Qanun Number 6 of 2014 2014 Regarding Jinayat Law. 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 crime of adultery as regulated in Article 284 of the Criminal Code is sentenced to imprisonment for a maximum of nine months. Adultery has existed since ancient times, there are differences of opinion regarding the crime of adultery regarding whether or not it is necessary to be seen as an act that is prohibited and can be threatened with punishment. In Dutch terminology adultery is called overspel. The crime of adultery in Islamic Shari'a is the most indecent act which illustrates how the common sense of the perpetrator does not work at all. In fact, Allah S.W.T has provided a lawful way through a marriage. Adultery is an ulcer that not only harms oneself but also others and the environment. While Qanun number 6 of 2014 concerning the law of jinayat is contained in Article 33 which explains that every person intentionally commits, every person repeats an act, every person or business entity intentionally provides facilities/promotes adultery, adultery with children, adultery with mahram. Comparison of the crime of adultery according to positive law and Qanun number 6 of 2014 concerning the law of jinayat, the elements of the criminal act of adultery and sanctions as well as the procedures for applying the law to the perpetrators of the crime of adultery are contained in Article 284 of the Criminal Code. While Qanun number 6 of 2014 concerning the law of jinayat is contained in Article 33 paragraph (1) Everyone who intentionally commits Zina, is threatened with 'Uqubat Hudud' 100 lashes. Paragraph (2) Everyone who repeats the act as referred to in paragraph (1) is threatened with 'Uqubat Hudud lashes 100 (one hundred) times and can be added with 'Uqubat Ta'zir a fine of a maximum of 120 (one hundred and twenty) grams of pure gold or 'Uqubat Ta'zir' Uqubat Ta'zir imprisonment for a maximum of 12 (twelve) months.
PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA INFORMAL MENURUT UNDANG UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PEKERJA MIGRAN Kurunia Situmorang, Berkat Anugrah; Marzuki, Marzuki; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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It is appropriate, the state guarantees rights, opportunities, and provides protection for every citizen without discrimination to get a job and decent money income, both at home and abroad in accordance with their expertise, skills, talents, interests and abilities. The formulation of the problem in this thesis is how to regulate informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers, how to protect informal Indonesian migrant workers according to Law Number 18 of 2017 concerning Protection of Migrant Workers, how are the obstacles in providing protection for migrant workers Informal Indonesia according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and efforts to overcome it. 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 regulation of the placement of Indonesian migrant workers is based on statutory regulations, namely Law 13 of 2003 concerning Manpower, Law of the Republic of Indonesia Number 18 of 2017 concerning Protection of Indonesian Migrant Workers, Regulation of the Minister of Manpower of the Republic of Indonesia Number 22 of 2014 concerning Implementation of Placement and Protection of Indonesian Workers Abroad. Protection of informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and its derivative regulations are the guidelines for labor attaches and / or appointed foreign officials. However, this is not easy considering the complexities of protecting Indonesian migrant workers abroad, as well as things that may not be unexpected beforehand. The obstacle in providing protection for informal Indonesian migrant workers is the weakness of supervision in line with the governance structure between the central government, the Ministry of Manpower as the issuer of the license and the sectoral manpower office in the regions.

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