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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 139 Documents
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Tanggungjawab Perusahaan Atas Perbuatan Karyawan Yang Mengakibatkan Kerugian Terhadap Orang Lain (Studi Putusan NO. 206/PDT/2014/PT.SBY)” Mhd. Arief Akbar Surahman
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.183

Abstract

Article 1367 of the Civil Code is the main basis for the (indirect) responsibility of employers (employers) for unlawful acts in the context of work. According to this doctrine of respondeat superior, an entrepreneur is responsible for unlawful acts committed by his employees or employees if the employee acts within the scope of carrying out his work or within the scope of his work. The type of research used in this research is normative juridical research. The nature of this research is descriptive analytical.  The results of the discussion in this study are related to legal arrangements for the employer's responsibility for unlawful acts committed by employees. In filing a lawsuit or claim for compensation, the injured party or the plaintiff must be able to prove the facts against the unlawful act committed by the defendant and/or co-defendant so that it can be said that the person committed an unlawful act which because the act caused harm to the plaintiff there was a relationship In addition to that, it must also be proven that there is an error in the perpetrator or the perpetrator related to this matter, based on article 1367 of the Civil Code, the company is responsible for the losses that arise and must be sued before a judge. Accountability for errors based on Article 1365 of the Civil Code. Meanwhile, public transportation companies and vehicle owners are responsible for unlawful acts committed by their employees responsibly based on Article 1367 of the Civil Code and Article 234 of the UULAJ due to the relationship between employer and subordinate. or the Vicarios Liability doctrine, the panel of judges has rendered a decision in accordance with the applicable regulations in case no. 206/PDT/2014/PT.SBY by implementing the accountability of public transport companies and their owners
Problematika Pendaftaran Tanah Bagi Ahli Waris Keturunan Tionghoa Yang Perkawinan Orang Tuanya Tidak Tercatat Rismawaty Rismawaty; Dedi Harianto; T. Keizerina Devi Azwar; Faisal Akbar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.171

Abstract

Registration of property rights is part of land registration. Article 19 paragraph (1) of the LoGA stipulates that "To guarantee legal certainty by the government, land registration is held throughout the territory of the Republic of Indonesia according to the provisions stipulated by Government Regulation." The implementation of land registration activities is an obligation of the government which aims to guarantee legal certainty that is rechtscadaster, meaning that it is for the benefit of land registration only and is only concerned with what rights and who owns it, not for other interests such as taxation. The formulation of the problem in this study is 1) How is the determination of heirs to the transfer of land rights of Chinese descent based on Inheritance according to the Provisions for Land Registration in Indonesia?, 2) What are the obstacles to registering the transfer of land rights obtained by heirs of Chinese descent based on inheritance if the marriage of their parents not registered at the civil registry office? 3) What are the efforts to solve the problem to overcome the problem of registering the transfer of land rights obtained by heirs of Chinese descent based on inheritance if the marriage of their parents is not registered at the civil registry office? The type used in this research is normative juridical. Sources of data used in this study is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials
Penegakan Hukum oleh Ditreskrimsus Polda Sumatera Utara terhadap Ujaran Kebencian Menggunakan Sarana Media Sosial Masfan Masfan; Didik Miroharjo; Alpi Sahari
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.159

Abstract

Law enforcement is a very important thing in the process of developing the Indonesian nation, where without law enforcement development will experience obstacles in its implementation, and the development process must be pursued to run regularly and sustainably (sustainable development) in every sector and across sectors. so that it can achieve its goal of providing protection and social welfare for all Indonesian people. The number of people in Indonesia is increasing every year. The research method used in this research is empirical juridical. The results showed that the investigators of the Ditreskrimsus Polda of North Sumatra determined the status of the reported party as a suspect in the enforcement of the hate speech law after clear evidence was available. The obstacles faced by the Ditkrimsus Investigators of the North Sumatra Police in enforcing the law against hate speech using social media are: the perpetrators are public figures, are considered to curb freedom of opinion, Simcar can be used without a registration process, lack of public awareness of the prohibition of spreading hate speech, and the circulation of fake accounts, a criminal policy that can be done to prevent hate speech crimes using social media is to make a policy so that all Simcars can only be used after going through the registration process and tighten the requirements for creating social media accounts to prevent fake account.
Pelindungan Hukum Atas Potensi Indikasi Geografis Di Kabupaten Tapanuli Utara Balqis Siagian; O.K Saidin; Suhaidi Suhaidi; Sunarmi Sunarmi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.189

Abstract

Geographical indications are Indonesia's national economic potential that can provide commercial added value to products due to their originality and product limitations that cannot be produced in other areas. North Tapanuli Regency, as an area that has the potential of Geographical Indications must immediately register the products that are geographically indicated to be registered immediately so that they are not used by other parties who are not entitled to and receive legal protection. The problems of this thesis are: how are the characteristics of products that have the potential as Geographical Indications to be registered for geographical indications in North Tapanuli Regency, what obstacles are faced in registering products that have the potential as geographical indications in North Tapanuli Regency and what is the role of the Regional Government in registering agricultural products that are potential as a geographical indication in North Tapanuli Regency. This type of research is empirical juridical where the data sources are obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data was collected through library research and field studies by conducting interviews. The data analysis used is qualitative data analysis. Based on the results of the study, it was concluded that the characteristics of products that have the potential as GIs to be registered for geographical indications in North Tapanuli Regency are to meet objective requirements, namely elements that indicate reputation, quality, and characteristics that must be shown through a product with potential GIs and subjective requirements, namely the parties. those who can apply for registration of GIs are the Provincial or Regency/Municipal Governments and parties who are operating goods that have such GIs. The obstacles faced in the registration of agricultural products that have the potential as geographical indications in North Tapanuli Regency are: lack of information from the government, low legal awareness and understanding of the community and the length of the IPR registration process. The role of the Regional Government in registering agricultural products that have the potential as geographical indications in North Tapanuli Regency is still not focused and less serious. For this reason, it is suggested to the community to be enthusiastic and participate in the socialization of IGs, the community must cooperate with the Regional Government in registering IGs and the Regional Government is expected to play a more active role in socializing the importance of protecting IPR
Tinjauan Yuridis Tentang Larangan Pengajuan Praperadilan Oleh Orang Yang Berstatus Daftar Pencarian Orang (DPO) Putri Rumondang Siagian; Syafruddin Kalo; Edi Yunara; Muhammad Hamdan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.177

Abstract

This thesis is motivated by the principle of the rule of law which guarantees human rights to form the concept of pre-trial. Pre-trial in principle aims to carry out horizontal oversight of all acts of forced effort by law enforcers in the interests of criminal cases so that these actions do not conflict with legal and statutory regulations in addition to internal supervision within the apparatus itself. La Nyalla's pre-trial request as a suspect who fled or are in the status of a list of people search (DPO) status was learned that even though he was a DPO, La Nyalla won a pre-trial lawsuit which was stated through Court Decision Number: 19 / Pra.Per / 2016 / PN.Sby. After the pre-trial decision filed by the DPO suspect, the Supreme Court issued a Circular of the Supreme Court (SEMA) No. 1 of 2018 on March 23, 2018, discusses the prohibition on pre-trial submissions for suspects who have fled or are on the status of a search list (DPO). But the rules of SEMA No. 1 of 2018 seems to be deviated from the granting of pre-trial requests from suspects with DPO status through Court Decision Number 23 / Pid.Pra / 2018 / PN Pbr and Court Decision No.8 / Pid.Pra / 2018 / PN. Plw. Determination of DPO is a consequence of suspects who do not attend to the investigator's summons as stated in Article 112 paragraph (2) of the Criminal Procedure Code after proper calling is carried out in accordance with procedural rules. If viewed from Article 79 of the Criminal Procedure Code which regulates the submission of pre-trial, there is a limitation of the right of the suspect to file a pre-trial application for the suspect himself. The problem in this study is how are the pre-trial arrangements in the Criminal Procedure Code and the Criminal Procedure Code? how is the position of SEMA No. 1 of 2018 in legislation? How is the position of the suspect who is a DPO in filing a pre-trial application? This study uses theory. The method used in this study is a normative legal research and  descriptive analytical. This study uses secondary data sources. This secondary data uses 3 (three) sources of data, namely primary legal material, secondary legal material, tertiary legal material. This data collection method is obtained from the library research. Data collection tool is done by studying documents. Analysis using the qualitative method then emphasizes the deductive method. The results of this study indicate that the KUHAP and RKUHAP through the commissioners' judges have given the suspect and the related parties the right to make horizontal supervision efforts on the actions of the investigator. SEMA is not authorized to prohibit citizens' rights. The position of SEMA No.1 Year 2018 is part of the legislation which is the nature of policy rules by binding to Supreme Court agencies as regulators Court Decision Number 23 / Pid.Pra / 2018 / PN Pbr and Decision No.8 / Pid.Pra / 2018 / PN. Plw became a breakthrough for pre-trial single judges in providing justice to suspects with DPO status for filing pre-trial
Sejarah Pancasila Sebagai Salah Satu Awal Sejarah Hukum Di Indonesia Redyanto Sidi; Hasan Basri; Ahmad Akbar; Irhamuddin Irhamuddin; Nirmayana Sinaga
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.166

Abstract

Pancasila is the ideology of the Indonesia nation as well as asource of law. His becomes very logical because pancasila itself was born because of the existence of the Indonesian nation from time immemorial or since inhabiting the Indonesian islands, thus, it can be said that Pancasila is one part of the early history of law in Indonesia and a source of law in indonesia
Analisis Yuridis Surat Pernyataan Penguasaan Fisik Bidang Tanah (Sporadik) Atas Pemberian Tanah Secara Panjaean Pada Masyarakat Batak Toba (Studi di Desa Sibolahotang SAS dan Kantor Pertanahan Kabupaten Toba) Rika Sandhora
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.184

Abstract

The custom of the Toba Batak community in the form of giving land from parents to sons which is done orally is known as Panjaean. Giving in Batak customs is a common thing in the life of the Toba Batak people. Giving (grants) orally in the Batak custom, known as Panjaean, often causes complications. Land ownership or other matters on a plot of land can be complicated, but this can be overcome by obtaining a land title certificate. This study uses the theory of legal pluralism and the theory of legal certainty. This type of research uses empirical juridical research methods that are descriptive analytical. The data sources of this research can be distinguished into primary data and secondary data. The primary data is used to obtain field research through interviews with respondents. Literature research is done by reading books, journals, and laws and regulations. The results showed that the background of giving land by parents to sons through Panjaean in the Toba Batak community in Sibolahotang Village SAS was due to the affection factor (Holong Ni Roha), the land factor as kinship identity, economic factors, and family honor factors. The status of land ownership given to sons or what is called panjaean is a property right that must be maintained and can be passed on to other descendants. The process of issuing land certificates originating from the panjaean at the Land Office requires attaching a Statement of Physical Control of Land Sector (Sporadic). because land obtained from panjaean usually does not have proof of the title because the implementation is done orally
Kebijakan Hukum Pidana Terhadap Driver Transportasi Online Yang Melakukan Kecurangan Menurut Undang-Undang Informasi Dan Transaksi Elektronik (Studi Putusan Pengadilan Negeri Pemalang Nomor 82/Pid.Sus/2018/Pn Pml Dan Putusan Pengadilan Negeri Denpasar Nomor 226/Pid.Sus/2020/Pn Dps) Indah Widyarantika Zebua
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.172

Abstract

Online transportation is now growing rapidly. The more people who want to become partners, the more competition for online transportation itself will be. So that it causes many partners to commit fraud or cheating. Various modes of cheating are committed by several drivers, including: Fake GPS, Incentives, Fake apps. Based on the above problems, the problems of this thesis are as follows: Is fraud committed by online transportation drivers a criminal act? What is the criminal law policy against online transportation drivers who commit fraud according to the Electronic Information and Transaction Law? What is the judge's consideration of online transportation drivers who commit fraud according to the Electronic Information and Transaction law (Study of Pemalang District Court Decision Number 82 / Pid.Sus / 2018 / PN PML and Denpasar District Court Decision Number 226 / Pid.Sus / 2020 / PN Dps)? The research method used is normative legal research. The nature of research It is descriptive analytical with a Legislative Approach (sculpture approach). In normative legal research, the data used are secondary data. Secondary data obtained by conducting research on primary legal materials, secondary legal materials and tertiary legal materials. The criminal act of online transportation fraud is regulated in Article 51 paragraph (1) in conjunction with Article 35 of Law Number 11 of 2008 concerning Electronic Information and Transactions has been amended by Law Number 19 of 2016 in conjunction with Article 55 paragraph (1) 1st of the Criminal Code jo Article 64 paragraph (1) of the Criminal Code
Analisis Yuridis Bentuk Surat Dakwaan Jaksa Penuntut Umum Dalam Perkara Tindak Pidana Korupsi (Studi Kasus Korupsi Pada Kejaksaan Negeri Kabanjahe) Azwarman Azwarman; Syafruddin Kalo; Madiasa Ablisar; Jelly Leviza
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.160

Abstract

The selection of the indictment is very important for the Public Prosecutor. The process of the selection of an indictment by the public prosecutor started an investigation docket study, then the results of research Prosecutors can identify what evidence and the strength of proof is met, then to the inherent weaknesses in the know on the docket to prepare juridical facts accurate to anticipate problems that arise in efforts to prove in court. The selection of the indictment also affect the process of evidence in court because it forms the indictment prosecutors effect to the provisions of an offense must be proved before the court. The problem this thesis is how Prosecutors preparing indictments corruption cases especially using paragraph of article 2 (1) and Article 3 of Law No.. 31 of 1999 and Act No.. 20 of 2001 in the State Attorney Kabanjahe. How the juridical consequences of the indictment Prosecutors at the State Attorney Kabanjahe stacking subsideritas in the examination at the trial.The writing of this thesis used the type of normative juridical methods with the consideration that the issues studied were relevant to regulations and how they handled in judicial practice. From the nature of the study is a descriptive analysis, which is planning a systematic, factual and accurate statement of facts. on the theory of proof systems that are used by the Criminal Procedure Code verification system negatief statutory (negatief wettelijk overtuiging). The thesis used this research method to approach the problem by using the approach of legislation (approach approach) and case approach (case approach).From the results of the research done, it could be summed up as follows: first, Preparation Prosecution indictment on the State Attorney Kabanjahe in corruption cases that use Article 2 paragraph (1) and Article 3 of Law No.. 31 of 1999 and Act No.. 20 of 2001 is in the form of an indictment that vary, sometimes in the form of alternative charges and also in the form of the indictment subsideritas. Second, For the Public Prosecutor to handle corruption cases where criminal charges stated defendant was found guilty of the offenses charged in the indictment primary, but then the judge decided the defendant guilty of the charges of expressed attitudes subsidiary prosecutor to assert legal remedies against the decision
Peralihan Izin Mendirikan Bangunan Menjadi Persetujuan Bangunan Gedung Berdasarkan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Roman Situngkir
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.192

Abstract

Based on Law Number 28 of 2002 concerning Buildings and Government Regulation Number 36 of 2005 concerning Implementing Regulations of Law Number 28 of 2002 concerning Buildings, it is explicitly stated that a building permit is a permit granted by the Regency/Municipal Government. City to building owners to build new, modify, expand, reduce and/or maintain buildings in accordance with applicable administrative and technical requirements, while Government Regulation Number 16 of 2021 concerning Implementing Regulations of Law Number 28 of 2002 concerning Buildings . Article 1 number 17 states that Building Approval, hereinafter abbreviated as PBG, is a permit granted to a building owner to construct a new building, modify, expand, reduce and/or maintain a building in accordance with the technical standards of the building. This research is a normative legal research, so according to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials and secondary legal materials consisting of books, scientific journals, scientific works, and articles that can provide explanations about the law. primary material. The nature of this research is descriptive analytical. As for what is meant by descriptive analytical research is a research that can describe in detail and systematically about the object under study. Primary legal materials are legal materials that bind or make the public understandable, including legal products that are the subject of study and legal products as tools for forming critical law. Secondary legal materials include explanations of primary legal materials in the form of expert doctrine found in books, journals, and websites. The results showed that every building has a function and classification of buildings, the function of the building must be used in accordance with the location designation stipulated in the RDTR and the function of the building included in the Building Approval. The construction of buildings is carried out through the stages of planning, implementation and supervision. Construction is carried out after obtaining Building Approval. Building approval is obtained after obtaining a statement on the fulfillment of building technical standards from the Regional Government in accordance with its authority

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