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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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Peran Kejaksaan Dalam Pencegahan Dan Penanganan Tindak Pidana Korupsi Dana Desa Di Wilayah Hukum Kejaksaan Tinggi Sumatera Ismarandy Ismarandy; Alfi Syahrin; M Hamdan; Rosnidar Sembiring
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.109

Abstract

Law Number 6 of 2014 concerning villages is the legal basis for the distribution and management of village funds. In its development, village funds are prone to corrupt practices. The lack of understanding of the village apparatus and the absence of policy instruments that are the parameters of success are crucial obstacles in village development. Law enforcement based on the restorative, corrective and rehabilitative paradigm is an effort made by the North Sumatra High Court in handling the crime of corruption in village funds. In minimizing the occurrence of irregularities in the distribution and management of village funds in the North Sumatra Province, the formation of the P3TPK Task Force, TP4D, the AKUR Program (Ayo Kawal Uang Rakyat), and the "JAKSA JAGA DESA" Program as well as optimizing the handling of corruption using the Corruption Impact Assessment (CIA)
Penegakan Hukum Pidana Terhadap Pelaku Dengan Sengaja Menjual Sediaan Farmasi Tanpa Izin Edar Asliani Harahap
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 1 (2020): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i1.14

Abstract

Akhir –akhir ini banyak beredar dimasyarakat peredaran sediaan farmasi tanpa mempunyai izin edar. Maraknya peredaran sediaan farmasi membuktikan masih lemahnya pertahanan Indonesia dari serbuan hal-hal yang membahayakan masyarakat. Penyebab utama peredaran sediaan farmasi tanpa izin edar ini adalah dikarenakan harga yang jauh lebih murah dari pada sediaan farmasi yang sudah mendapatkan izin edar. Tujuan dari pemberian izin dalam peredaran sediaan farmasi adalah untuk melindungi masyarakat dari sediaan farmasi yang tidak memenuhi syarat, melindungi masyarakat dari penyalahgunaan dan salah penggunaan sediaan farmasi dan alat kesehatan. Pelaku dengan  sengaja mengedarkan sediaam farmasi yang tidak memiliki izin edar merupakan tindak pidana. Penegakan Hukum Pidana Terhadap Tindak Pidana dengan sengaja mengedarkan sediaan farmasi yang tidak memiliki izin edar, kewenangan dan keahlian untuk melakukan praktek farmasi dengan tahap aplikasi yaitu dilakukan dengan menerapkan undang-undang yang berkaitan dengan sediaan farmasi yaitu : Pasal 386 ayat (1) KUHP mengenai pemalsuan obat, UU Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, UU Nomor 36 tahun 2009 Tentang Kesehatan, dan Peraturan Pemerintah Nomor 51 Tahun 2009. Serta dalam Pasal 197 Undang-Undang Nomor 36 tahun 2009 tentang kesehatan ancaman pidananya adalah paling lama 15 (lima belas) tahun, dan pada putusan pemberian pidana 1 (satu) tahun 3 (tiga) bulan masih terbilang sangat ringan apalagi dilihat dari efek kerugian masyarakat dan dilihat dari jenis obat termasuk jenis obat keras yang seharusnya obat tersebut bisa diedarkan berdasarkan resep dokter.
Pertanggungjawaban Pidana Rumah Sakit Terhadap Malpraktek Medik Di Rumah Sakit Robert Valentino Tarigan; mahmud mulyadi; M Ekaputra; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.91

Abstract

Hospital in implementing health services is not always the medical service provided by health workers in the hospital, it can provide the results expected by all parties. Not a few hospitals due to the negligence of their doctors in providing health services made the mistake of committing medical malpractice. Article 46 of Law Number 44 Year 2009 states that "the hospital is legally responsible for all losses caused by negligence committed by health workers in the hospital". Articles 190 and 201 of Law Number 36 of 2009 concerning Health regulate the provision of criminal responsibility not only to doctors but also to hospitals, which legally are doctors and the facilities and services are provided by the hospital. The problems that will be discussed in this research are: 1. How is the doctrine of corporate criminal responsibility regulated in the laws and regulations in Indonesia? 2. What is the role and position of the hospital which is categorized as a corporation? 3. How is the criminal responsibility of the hospital for medical malpractice in the hospital? Based on the results of research and discussion that the doctrine of corporate criminal responsibility which is regulated in the laws and regulations in Indonesia, especially in the Law on stockpiling of goods adheres to the doctrine of Direct Liability and Vicarious Liability, UU Number 44 of 2009 concerning Hospitals adheres to the doctrine of the corporate culture model of doctrine, while Law Number 36 of 2009 adheres to the doctrine of delegation. Perma Number 13 of 2016 adopts the corporate culture model theory. The role of hospitals that are categorized as corporations is based on the hospital definition that hospitals are health service institutions based on the provisions of Article 7 of Law Number 44 of 2009 concerning hospitals must be a legal entity. This legal entity is a corporation when viewed in a broad sense such as the existence of PT, CV, Foundation and other forms of legal entities. Hospital criminal liability for medical malpractice in the hospital If viewed from the point of view of the hospital, the hospital's responsibility itself includes three things, namely: responsibilities relating to personnel, responsibilities relating to facilities and equipment, responsibilities relating to the duty of care. provide good care). Corporations or hospital legal entities can also be prosecuted as the perpetrator of a criminal act based on the provisions of Article 80 paragraph (2) and Law Number 29 of 2004 concerning Medical Practice as well as Article 190 Jo. Article 201 of Law Number 36 Year 2009 concerning Health
Tnjauan Yuridis Tentang Peran Dan Kedudukan Komisi Aparatur Sipil Negara Ditinjau Dari Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Muklis Muklis
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.74

Abstract

The issuance of Law no. 5 of 2014 concerning the State Civil Apparatus (ASN) almost four years ago became a new episode in managing the government bureaucracy. As a product of public policy, the ASN Law was born due to the encouragement of a policy environment in the form of the still low performance of the bureaucratic apparatus and the high politicization of the bureaucracy so that the public's demands on him were increasing. For more than five decades since independence in 1945, its existence and work were like the small spare parts of a giant state machine whose direction of development was highly dependent on the political rulers at that time. Reflecting on the above statement, the State Civil Apparatus Commission was formed, hereinafter referred to as KASN, which in general has the task of supervising ASN employees. In the ASN Law, KASN is a non-structural institution that is independent and free from political intervention to create professional and performing ASN employees, provide fair and neutral services, and become the glue and unifier of the nation. This writing uses normative juridical legal research methods (normative research). The nature of this research is descriptive, which aims to provide an overview of the role of the State Civil Service Commission. Sources of research data are in the form of 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. Related to the function of KASN, it is contained in Article 30 of Law No.5 of 2014 that "KASN has the function of supervising the implementation of basic norms, code of ethics and code of conduct of ASN, as well as the implementation of the Merit System in ASN policies and Management in Government Agencies". KASN is tasked with maintaining the neutrality of ASN employees, supervising the ASN professional development and, reporting the supervision and evaluation of the implementation of ASN Management policies to the President. The State Civil Apparatus Commission can recommend the president to impose sanctions on civil service officials and officials who violate the principles according to the provisions of the law. The forms of sanctions referred to above lie in Article 33 paragraph (2), namely Warning, Warning, Correction, revocation, cancellation, issuance of decisions, and / or refunds, Disciplinary penalties for Competent Officers in accordance with the provisions of laws and regulations, Sanctions for Civil Service Officer, in accordance with the provisions of laws and regulations
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
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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
Kedudukan Surat Edaran Gubernur Aceh Nomor 450/21770 Tentang Larangan Mengadakan Pengajian Selain Dari I’tiqad Ahlussunnah Waljamaah Yang Bersumber Dari Mazhab Syafi’iyah Terhadap Qanun Nomor 8 Tahun 2014 Tentang Pokok-Pokok Syariat Islam Muhammad Nur Miswari; Faisal Akbar Nasution; Mirza Nasution; Chairul Bariah
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.130

Abstract

The provisions of Permendagri Number 55 of 2010 concerning Administration of Service Scripts within the Ministry of Home Affairs Article 1 43 states that Circular Letters are official texts containing notifications, explanations, and/or instructions based on how to carry out certain things that are considered important and urgent. Then in the Regulation of the Head of the National Archives of the Republic of Indonesia Number 2 of 2014 concerning Guidelines for Official Manuscripts, circulars are classified as products of official manuscripts. So ideally the Circular Letter is only a communication tool in the form of notification to internal circles. The issuance of the Circular Letter of the Governor of Aceh Number 450/21770 concerning the Prohibition of Holding Recitations Other than I'tiqad Ahlussunnah Waljamaah which is sourced from the Syafi'iyah School of Law by the Acting Governor of Aceh has created a new problem, namely the forcible dissolution of the recitation by a group calling itself a warrior. ASWAJA, as well as the Aceh Governor's Circular has reduced the rights of citizens protected by the constitution, the Head of the Aceh Ombudsman gave the opinion that the SE was revoked by the issuance of the SE it would lead to intolerance between religious communities and enter the realm of maladministration. The approach method in this research is using a sociological juridical method using a statute approach, a historical approach, and a case approach. The results of research from the Aceh government in making policies were formed by the Aceh People's Representative Council (DPRA) and the Aceh Governor on the advice and input of the MPU, but in terms of the formation of the SE issued by the Aceh Governor this is a regulation that comes from freies ermessen or discretion it is only an official document. Thus, the SE needs to be supervised by the Ombudsman, DPRA, and also the State Administrative Court as an institution in the public service.
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
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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
Kewenangan Jaksa Dalam Melakukan Penggabungan Perkara Korupsi Dan Money Laundering (Studi Kejaksaan Tinggi Sumatera Utara) Ismail Koto
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.103

Abstract

There are many facts that occur that the perpetrators of money laundering crimes commit money laundering crimes from the proceeds of their crimes and most are obtained from criminal acts of corruption. Money laundering actors carry out various modes to eliminate traces of their actions. Money Laundering (Money Laudring) as a crime has a characteristic that this crime is not a single crime but a double crime. The point is that the crime of Money Laundering is a form of crime committed by either a person or a corporation, although the prosecutor has the authority to combine corruption and money laundering cases, we rarely see the merger between these two crimes. This type of research is a normative juridical research. With the main problem in the form of How is the relationship between corruption as a Predicate Crime in Money Laundering? How is the prosecutor in carrying out his authority to combine Corruption Crimes and Money Laundering Crimes? What are the Prosecutor's Barriers in Merging Corruption Crimes and Money Laundering Crimes? In every anti-money laundering provision there must be an element called a predicate offence, which means that from the results of any crime that can be subject to the provisions of Article 3, Article 4 and Article 5 of Law No. 8 of 2010 concerning Crimes Money laundering. The crime of Corruption and Money Laundering has a very fundamental relationship or relationship. If there is a merger of investigations into cases of corruption and money laundering, the Prosecutor must make a description of the two crimes in one indictment so that the indictment is in the form of an alternative and the Prosecutor must prove the two crimes before the trial. Based on Article 141 of the Criminal Procedure Code (KUHP), it is stated that the Public Prosecutor can combine cases and make them into one indictment, if at the same time or almost simultaneously they receive several case files. The prosecutor's obstacle in merging Corruption Crimes and Money Laundering Crimes is that it requires a long investigation time, because investigators must always coordinate with PPATK (Financial Transaction Reports and Analysis Center) to track money and assets of the suspect and coordinate with related parties, in court against the trial process, namely the course of the trial process will take a long time
Pertanggungjawaban Pidana Terhadap Pelaku Pemerasan Dan Atau Pengancaman Menurut Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Dan Kuh Pidana (Studi: Putusan Nomor 7/Pid.Sus/2017/Pn.Snb) Libert Hamonangan Habeahan; Alvi Syahrin; M Hamdan; M Eka Putra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.82

Abstract

The number of cases of extortion and / or threats using information technology means that the author is interested in conducting research with the title "Criminal Liability Against Extortion and Or Threats Perpetrators According to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Information. Electronic Transactions and the Criminal Code ”(Study: Decision Number 7 / Pid.Sus / 2017 / Pn.Snb) The formulation of the problem in this research is (1) How is the criminal act of extortion and / or threats according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Criminal Code, (2) How is criminal responsibility for extortion and / or threats through electronic media according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information And Electronic Transactions and the Criminal Code. (3) What are the judges' legal considerations in Decision Number 7 / Pid.Sus / 2017 / PN.Snb? This research is normative and descriptive analysis. The legal theory used in this research is the Criminal Liability Theory. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. The formulation of the provisions of Article 27 paragraph (4) which combines the criminal act of extortion and / or threats in one provision, whereas in the Criminal Code the criminal act of extortion is regulated in Article 368 while threatening is regulated in Article 369 of the Criminal Code. Extortion is a common crime. Extortion is how to do it by using violence or threats of violence. Threatening is an absolute complaint. Criminal responsibility for extortion and / or threats through electronic media according to the ITE Law and the Criminal Code because someone has committed a criminal act. Criminal liability is essentially a mechanism established by the Criminal Code to react to violations of certain acts. Judges' legal considerations in the Court Decision 7 / Pid.Sus / 2017 / PN.Snb, that based on the facts at the trial, and the testimony of witnesses, the defendant has been legally and convincingly proven to have committed the crime of extortion and threats of violating Article 27 paragraph 4 UU ITE UU ITE Jo Article 45 paragraph (4) In the trial, the Panel of Judges did not find anything that could eliminate criminal responsibility, either as a justification and / or excuse, so the Defendant had to be accountable for his actions. The defendant is able to be responsible, so he must be found guilty and sentenced to punishment.
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
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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

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