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INDONESIA
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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TINJAUAN YURIDIS PENCEGAHAN PENYELUNDUPAN BALLPRESS DI WILAYAH HUKUM KEPOLISIAN RESORT ASAHAN DALAM PERSPEKTIF KUHP (Studi Putusan Nomor 85/Pid. Sus/2018/PN. Tbk) Simangunsong, Dian Pranata; Purba, Nelvitia; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

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) Siagian, Edumanihar; Suhaidi, Suhaidi; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Abstract

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.
PERTANGGUNGJAWABAN PIDANA PENGELOLA TEMPAT WISATA AKIBAT KELALAIAN YANG MENGAKIBATKAN WISATAWAN MENGALAMI KECELAKAAN (Studi di Dinas Pariwisata Kabupaten Mandailing Natal) Yanti, Efrida; Marzuki, Marzuki; Affan, Ibnu
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 Prakoso, Endro; 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) Surbakti, Firmansyah Putra; 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; Affan, Ibnu
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) Dewiyana, Hudrah; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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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) Samosir, Jonatan; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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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 Harahap, M. Dedy Iskandar; Lubis, M. Yamin; Purba, Nelvitia
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 Siregar, Muhammad Ikhsan; Mukidi, Mukidi; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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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.

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