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Iuris Studia: Jurnal Kajian Hukum
Published by Bunda Media Grup
ISSN : 27458369     EISSN : 27458369     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Iuris Studia: Jurnal Kajian Hukum published three times a year in February, June and October E-ISSN: 2745-8369
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 1, No 2 (2020): Oktober 2020 - Januari 2021" : 16 Documents clear
Kepastian Hukum Kewenangan Pengelolaan Sektor Wisata Aceh Singkil Dalam Upaya Meningkatkan Pendapatan Asli Daerah (PAD) (Studi Dinas Pariwisata, Badan Pengelolaan Keuangan Kabupaten Aceh Singkil Dan BKSDAE) Syifa Munawwarah
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.36

Abstract

Aceh Singkil is one of the districts that implements special autonomy in the administration of regional government based on Law Number 11 of 2006 concerning Aceh Governance. The specialty of Aceh is regulated in Article 3 of Law Number 44 of 1999 concerning the Implementation of Privileges for the Special Province of Aceh. Aceh Singkil has abundant natural resources in the tourism sector. Even so, there is a contradiction in the management of the Aceh Singkil tourism sector which is regulated in Law Number 10 of 2009 concerning Tourism, the Regency Regional Government which manages the tourism sector but according to Article 4 letter z Government Regulation Number 3 of 2015 concerning National Government Authority in Aceh is implemented by the Central Government through the Natural Resources and Ecosystem Conservation Agency. This study uses a normative juridical research method with a statute approach. Using primary data and secondary data. Data collection tools for interviews, observations, and literature study. The results show that the management authority of the Aceh Singkil tourism sector occurs dualism and does not provide legal certainty so it is necessary to rearrange statutory regulations by giving absolute authority to regional governments to process and manage their own government affairs in the tourism sector as this is supported by Article 30 of Law No. 10 of 2009 concerning Tourism. So that it can provide and increase good Regional Original Income can also be felt directly by Aceh Singkil.
Urgensi Pemahaman Politik Dan Hukum Dalam Menghadapi Dinamika Organisasi Pemuda Muhammadiyah Di Kota Medan Muhammad Irsyad
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.42

Abstract

Muhammadiyah gives freedom to every member of the organization to exercise their rights in political life in accordance with all statements. The right to vote must be responsible as citizens who act rationally and decisively, in line with Muhammadiyah's mission and interests, in the interests of the nation and state. This writing uses normative juridical legal research methods (normative research). The nature of this research is descriptive, which aims to provide an overview of social symptoms concerning the role of psychiatrists in proving psychological violence in criminal acts of domestic violence. Sources of research data are primary legal materials, secondary legal materials and tertiary legal materials. The data collection method was carried out using document study techniques, which were analyzed using qualitative analysis techniques. Based on the results of research that the Muhammadiyah Youth according to these ideals Muhammadiyah organizations choose to fight in the life of the nation and state through efforts to develop or empower the people to achieve civil society (civil society) as strong as Muhammadiyah's goals to achieve Islamic society sincerely. Meanwhile matters related to state policy as a process and outcome of the political function of government will follow them through an appropriate and wise approach in accordance with the principles of effective interest group struggle in a democratic state life that truly gives priority to the interests of the people. and uphold the values of the school, such as those which became the spirit of the rules and the formation of the Republic of Indonesia in 1945
Analisis Putusan Mahkamah Konstitusi Terkait Dengan Penetapan Tersangka Sebagai Objek Praperadilan (Studi Putusan Nomor 73/Pid.Pra/2018/Pn.Mdn) Josep Panggabean
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.22

Abstract

A person's freedom can be limited for the sake of law enforcement, as stated in article 50 of the Criminal Code which states that: "Whoever commits an act to implement the provisions of the law is not punished." In connection with the activities of investigators that can carry out arrests and even detention, the criminal procedure law, through its provisions, forces the elimination of the universally recognized principle of freedom of a person. This research is a normative legal research with the research method is library research. Based on the research results it is known that the Constitutional Court Decision No. 21 / PUU-XII / 2014, has made new regulations by expanding pretrial powers, which include testing the legality of the determination of the suspect, searches and confiscation, Constitutional Court decision No. 21 / PUU-XII / 2014, has the implication of prioritizing aspects of human rights and legal certainty for someone who is named a suspect, giving the suspect broad rights to defend himself from possible errors in the legal process during the investigation stage, the basis for the consideration of the pretrial judge to grant the petitioner part of it in the case No. 73 / Pid.Pra / 2018 / Pn.Mdn., Is because the determination of the suspect is carried out earlier than the suspect's investigation order, so that the determination of the suspect becomes invalid due to defective procedures
Pelaksanaan Lelang Terhadap Jaminan Hak Tanggungan Pada Perbankan (Studi Di Kantor Pelayanan Kekayaan Negara Dan Lelang (KPKNL) Kisaran) Mawarni Sinaga; Irda Pratiwi
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.47

Abstract

Marketing (auction) is meant in the discussion of this thesis is auction of mortgage rights to land, in practice it is called auction of mortgage rights over land. Based on the fact, the objects being auctioned are land rights and apartment units as stated in the mortgage rights law and government regulations. That the objective of the auction of land rights and apartment units is carried out so that consumers can use and control the land legally according to the applicable law shall be the right of the auction winner. The mortgage auction is the sale of movable and immovable property publicly with a written or direct bid price, whether it increases or decreases in the attainment of the highest price before the auction announcement, so that the committee can close and determine the auction winner with the highest bid system from the guarantor rights auction participants. Based on the provisions of the auction implementation instructions contained in PERMENKEU number 27 / PMK.06 / 2016, the meaning of Auction is the offering of movable and immovable objects open to the public and the bidding system from the lowest to the highest bid from the auction participants, the auction bid will be closed after the auction winner the one with the highest bid value
Penyelesaian Tindak Pidana Ringan Menurut Peraturan Kapolri Dalam Mewujudkan Restorative Justice (Studi Di Polresta Deli Serdang) Porlen Hatorangan Sihotang
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.37

Abstract

Minor Crime is a criminal offense that is light or not dangerous. One of the handling of minor crimes can be done by promoting the concept of restorative justice. Restorative justice can be carried out at the level of criminal proceedings, one of which is at the Police level. There is a problem in the field regarding its application, even though a Perkap has been enacted, including at the Deli Serdang Police. This research is a normative juridical research which is derived from data from interviews with the Deli Serdang City Police and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it is understood that the regulation on the settlement of Tipiring can be seen from the authority of the police in Article 15 Paragraph (1) letter e of Law Number 2 of 2002 concerning Police, the Perkap regulation used for this is Perkap Number 6 of 2019 concerning Criminal Investigation, Perkap Number 7 of 2008 and Perkap Number 14 of 2012, the arrangement for the settlement of Tipiring in the process is confirmed by the Chief of Police Circular Number: SE / 8 / VII / 2018 concerning the Application of Restorative Justice in the settlement of minor crimes according to the previous Perkap must meet formal and material requirements first in accordance with Article 12 of PerKap Number 6 of 2019, until in essence the two parties agree to settle the minor crime referred to in a peaceful manner, and finally a letter of termination of investigation / investigation of the case will be issued on the grounds of restorative justice signed by the Head of Police. Deli Serdang. Obstacles to resolving Tipirng according to Perkap at the Deli Serdang Police can occur from the side of the legal community and obstacles from legal norms that have not been applied uniformly.
Landasan Teori Hukum Hak Pengembalian Barang Tanpa Alasan Dalam E-commerce Yue Guan; Eni Oktaviani
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.38

Abstract

In the e-commerce environment, right of withdrawal is more accurately called right to return goods without reason. Although right to return goods without reason violates the strict pacta sunt servanda principle in civil law, the problems caused by the rapid development of e-commerce have prompted many countries to pay more attention to granting consumers right to return goods without reason. From a legal perspective, barriers to the formation of consumer intentions when signing consumption contracts with business actors, for the purpose of pursuing true freedom of contract, as well as providing protection to these vulnerable consumers, are all legal theoretical foundations of the system of right to return goods without reason
Perlindungan Hukum Bagi Anak Sebagai Saksi dalam Pemeriksaan Perkara Pidana Erwin Asmadi
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.30

Abstract

Law No. 11 of 2012 concerning the Juvenile Justice System explains that children have a strategic role which is explicitly stated that the state guarantees the rights of every child to survival, growth and development as well as protection from violence and discrimination. Therefore, the best interests of children should be lived out as the best interests for the survival of mankind. Law No. 23 of 2002 concerning Child Protection, explicitly explains in Article 1 Paragraph (2), "Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity. , and face violence and discrimination ”. This writing uses normative juridical legal research methods (normative research). The nature of this research is descriptive, which aims to provide an overview of social symptoms regarding the role of psychiatrists in proving psychological violence in criminal acts of domestic violence. Sources of research data are primary legal materials, secondary legal materials and tertiary legal materials. The data collection method was carried out using document study techniques, which were analyzed using qualitative analysis techniques. Based on the results of the research that children as witnesses are entitled to all protections as regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System. Seen in Articles 89, 90 and 91 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System
Analisis Yuridis Kekerasan Terhadap Anak Yang Menyebabkan Mati (Studi Kasus No. 175.PID.SUS/2017/PN.PMS) Diamond Rosa Bangun
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.39

Abstract

The purpose of this study is to examine and analyze the factors that cause violence against children, to study and analyze criminal law policies against perpetrators of violence against children, to study and to analyze the application of law by judges to cases of violence against children. This research uses the library research method, which is conducting research to obtain primary data, namely books, laws and regulations and other main reference sources, and secondary data is additional readings such as the internet and official documents issued. by the government. Besides that, field research was also carried out by conducting interviews. The results showed that the factors causing violence against children were family economic factors, family disharmony, parental education, past experiences of parents or caregivers, community perceptions, lack of supervision (protection) of children, social environment, social media, and exploitation. child. Thus, the factors that cause child abuse are largely derived from the behavior of adults such as parents, close family members or other parties who are not willing to consciously protect the child from all the potential that allows violence against children to occur. The criminal policy against perpetrators of violence against children is good enough, but its implementation cannot be maximally implemented because people do not know the rules of law and there is a public perception that violence against children in the family sphere is an internal matter for educational reasons. In addition, evidence of violence against children is often constrained by a lack of evidence. The criminal law policy has provided legal protection for the rights of child victims of violence to ensure the participation of victims from investigation to prosecution and ensure the recovery of victims. But these policies are not fully able to guarantee a bleak future for victims who experience permanent suffering
Akibat Hukum Terhadap Keabsahan Akta Pejabat Pembuat Akta Tanah Yang Mengurangi Nilai Jual Tanah Aset Desa Berdasarkan Harga Nilai Jual Objek Pajak (Studi Putusan Nomor 194/Pid.Sus/TPK/2014/Pn.SBY) Faisal Imam Harahap; Ahmad Fauzi; Masitah Pohan
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.43

Abstract

Actions to reduce the actual selling price included in the deed made before the Land Deed Officer are carried out by the parties in the sale and purchase deed as a form of avoidance of the value of buying and selling tax on land, by avoidance by reducing the actual sale price of land in the sale deed buying will certainly hurt the country's economy. There were also violations in the implementation of land sale and purchase contained in this decision, where it was supposed to be made in the form of land asset deed in the presence of a Land Deed Officer, namely in making an asset sale deed, or exchange of village land assets based on Law Number 6 of 2014 concerning Villages, and Article 32 of the Minister of Home Affairs Regulation Number 1 of 2016 concerning Management of Village Assets, but the parties and Officials of Land Deed in this case do not implement this provision. The problems raised in this study are how the provisions and legal rules for making village asset sale deeds in the form of land in the presence of Land Deed Officials, legal protection for buyers of village asset sale deeds in the form of land where there is a reduction in land sale value of village assets based on the object tax selling value, and the legal consequences of the village asset sale deed in the form of land in which there is a reduction in the land sale value of the village asset based on the selling value of the tax object
Penegakan Hukum Terhadap Tindak Pidana Penggelapan Dalam Jabatan General Manager PT. Mitsi Citra Mandiri (Analisis Putusan Pengadilan Negeri Medan Nomor : 2662/Pid.B/2017/Pn.Mdn) Eduard Pakpahan
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.32

Abstract

The problem in this research is how the legal rules regarding the crime of embezzlement, the factors that encourage the crime of embezzlement and how to enforce the law against embezzlement in the General Manager position of PT. Mitsi Citra Mandiri (Analysis of Medan District Court Decision No. 2662 / Pid.B / 2017 / PN.Mdn). This research is an empirical legal research conducted with field research methods and library research using primary data and secondary data as the main raw materials consisting of primary legal materials and secondary and tertiary legal materials which related to the problem. Based on the results of the research, it is known that the rules of the criminal act of embezzlement have been regulated in articles 372, 373, 374, 375 and 377 of the Criminal Code. The factors that led to the crime of embezzlement in PT. Citra Mandiri's myths are: economic factors, excessive trust, poor administration, weak internal control systems, bad organizational culture, technological developments, weak law enforcement, often difficult to distinguish private property from other people's property, disputes, as well as minor criminal threats so as to encourage malicious intent. Law enforcement against the accused of embezzlement in a position as stated in the Medan District Court Decision No. 2662 / Pid.B / 2017 / PN.Mdn was not carried out explicitly, either by the public prosecutor or by the panel of judges who examined the case with a judge's decision acquitting the defendant from all legal charges

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