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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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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) Simamora, Hasiholan; Purba, Nelvita; Arif Sahlepi, Muhammad
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.
IMPLEMENTASI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERKAIT DENGAN KEBEBASAN BERPENDAPAT DALAM PERSPEKTIF HAK ASASI MANUSIA Mahendar Nasution, Muhammad Rafi; Marlina, Marlina; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The presence of social networks brings changes in communication. So that when people communicate in social networks, they must have good and correct ethics in interacting with other people, because mistakes in interacting result in criminal sanctions. The problems in this discussion are how to regulate the expression of opinions through social media according to the ITE Law, how to apply ITE in relation to the basic right of every citizen to express freedom of opinion, whether criminal acts or offenses in the provisions of the ITE Law can be applied to citizens. people who express opinions or criticize the government. 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 show that the regulation on expressing opinions through social media according to the ITE Law has been clearly regulated and guaranteed in various legal instruments in Indonesia, such as the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 9 of 1999. 1998 concerning Freedom to Express Opinions in Public, Law Number 14 of 2008 concerning Disclosure of Public Information and Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The application of ITE in relation to the basic right of every citizen to express freedom of opinion cannot be reduced or limited by anyone and by anything. Criminal acts or offenses in the provisions of the ITE Law can be applied to citizens who express opinions or criticisms of the government, if the actions meet the elements of criminal acts as stipulated in the ITE Law, then the perpetrators can be subject to sanctions or must be held accountable for their actions.
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 Catur Suharto, Ratno Mulyadi; Marzuki, Marzuki; Affan, Ibnu
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.
ANALISIS YURIDIS HUKUMAN PIDANA KUMULATIF KURIR NARKOTIKA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Analisis Putusan Mahkamah Agung Nomor 910 K/Pid.Sus/2020) Nurza Ismam, Riza Fauzi; Purba, Nelvita; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Abstract

Imposing a person who has committed a criminal act is a very important part of realizing the criminal justice system. The formulation of the problem in this thesis is how the provisions of the cumulative criminal law in life imprisonment and fines for narcotics couriers who commit evil conspiracy (samenspanning), how to apply cumulative criminal sanctions to life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning), how to consider judges in verifying narcotics couriers as perpetrators of criminal conspiracy (samenspanning) in narcotics crimes in the Supreme Court decision Number 910 K / Pid.Sus / 2020. This type of research is juridical normative, namely research based on law. 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 cumulative criminal law arrangements for life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning) are regulated in Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of Law of the Republic of Indonesia No. 35 of 2009 concerning Narcotics, namely a criminal act of conspiracy without rights or against the law of planting, maintaining. The application of cumulative criminal sanctions in life imprisonment and fines for narcotics couriers who commit evil consensus (samenspanning) is in accordance with the decision of the Stabat District Court, namely Defendant I was sentenced to life imprisonment but at the level of cassation filed by Defendant II, the sentence against Defendant II was changed to 12 years imprisonment and a fine because Defendant II was only a courier, not a narcotics owner in this case. The judge's consideration in verifying the narcotics courier as the perpetrator of a criminal conspiracy (samenspanning) in the narcotics crime was because there was no justification and excuse for the act committed by the defendant.
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) Adhar, Syamsul; Marlina, Marlina; Affan, Ibnu
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) Manalu, Arisman Freddy; Purba, Nelvitia; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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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) Siregar, Astopan; Marlina, Marlina; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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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 Basori, Moh.; 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 Fakrizal, Dedek; 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) Hasibuan, Demonstar; Marlina, Marlina; Sahlepi, Arif
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.

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