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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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Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dalam Bentuk Penyuapan (Studi Putusan No 12/Pid.Sus Tpk/2018/Pn Medan) Saur Sihaloho; Madiasa Ablisar; Mahmud Mulyadi; M. Eka Putra
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.v2i1.88

Abstract

Corruption can take place anywhere, in state institutions, in private institutions, and also in daily life. Combating corruption requires treatment and prevention in an integrated manner with the proper functioning of the legal system of the law and legal institutions in the criminal justice system. Types of research conducted in this research is normative juridical and the nature of this research is descriptive analysis. The data collection techniques used in this research is through library research. Based on the results of this research criminal liability against corruption is the liability of the offenses committed by the offender. Criminal act committed must meet the elements that have been determined by constitution. Someone will be held accountable for these actions when there is an element in the action against the law and there is no excuse and fault elements must be met in terms of combating corruption. This is due to the principle of liability in criminal law that is not tobe punishment if no fault. Criminal acts and the responsibility of the perpetrators of criminal acts for corruption in the form of bribery based on Decision No. 12 / Pid.Sus.TPK / 2018 / PN Medan where to defendant has been proven legally and convincingly, the defendant is able to be responsible and there is no excuse any fault that may negate or justification which can eliminate the unlawful nature of the act, the criminal liability for acts of corruption in the form of sentencing of offenders as set forth in Medan District Court's decision
Tindak Pidana Kuasa Penuh Dalam Perjanjian Fidusia Pembiayaan Kendaraan Bermotor Maysarah Maysarah
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.v1i1.56

Abstract

The agreement in the Civil Code has several legal requirements to be precise in Article 1320 of the Civil Code. For the validity of an agreement, 4 conditions are needed, namely the existence of an agreement, skill, the existence of certain things that have been agreed upon and the existence of a lawful cause. The first and second terms are called subjective conditions, because with regard to the subjects who make the agreement, if the agreement made is not in accordance with the first and second conditions, the agreement can be declared null and void. Meanwhile, the third and fourth terms are called objective conditions because they relate to the object in the agreement. If the agreement made does not meet the third and fourth conditions, the agreement is null and void. 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. The regulation regarding this Fiduciary Guarantee is regulated in Law NO. 42 of 1999 concerning the Fiduciary Guarantee. The presence of Law no. 42 of 1999 in essence only formalizes Normative rules from legal practice that have been enforced by Jurisprudence which are then encouraged again by the emergence of the Fiduciary Guarantee in Article 15 of Law No. 4 of 1992 concerning housing and settlements which stipulates that a house built on land owned by another party can be burdened with a Fiduciary Guarantee, as well as in Law no. 16 of 1985 concerning Flats, where it is found that the property rights over units of Flats can be used as collateral for debt by means of Fiduciary. Basically the full power of the fiduciary agreement has violated the rules of the validity of the agreement in Article 1320 of the Civil Code, then from that full power a criminal act can occur
Tuntutan Tindak Pidana Penggelapan Terhadap Perbuatan Wanprestasi Dalam Hukum Perdata (Studi Putusan Pengadilan Negeri Tebing Tinggi No. 74/Pid.B/2019/Pn.Tbt Tertanggal 28 Mei 2019) Juni Kristian Telaumbanua; Sunarmi Sunarmi; Madiasa Ablisar; Mahmud Mulyadi
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.v2i2.139

Abstract

Tebing Tinggi District Court Decision No. 74/Pid.B/2019/PN.Tbt dated May 28, 2019 where the defendant was charged for having committed late payment of bills after taking goods belonging to PT. Agung Bumi Lestari with arrears of Rp. 226,828,440.- which was agreed upon must be paid no later than 30 days after taking the goods. As a result, the defendant had to serve 2 months in prison. Therefore, it is necessary to study the boundaries that distinguish between default and the criminal act of embezzlement in the agreement and the application of default and embezzlement in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt.
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
Peran Jaksa Selaku Penyidik Dan Penuntut Umum Dalam Mempercepat Penyelesaian Perkara Tindak Pidana Korupsi (Studi Pada Kejaksaan Negeri Medan) Erman Syafrudianto; Madiasa Ablizar; Edi Yunara; mahmud mulyadi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.117

Abstract

Amid the government efforts to eradicate corruption each year that was formulated in the acceleration corruption eradication program, government and law enforcement agencies were defiant. On one side, the people still believe and wish for the better effort and work hard in progressing the criminal corruption act, bring the cases to the court, and prosecute the perpetrator such crimes based on the Laws so the perpetrator could generate a deterring effect. On the other side, there are a lot of people who assume the law enforcement agencies performance in eradicating corruption are slow and not appropriate within public expectations. Even a little of accusation and mocking deliver to law enforcement agencies that have been working as maximum as possible in revealing to corruption act with several kinds of problems which affect the law process obstacles.The Attorney, one of the law enforcement agencies based on chapter 2 article 1 Law Number 16 of 2004 on Attorney of The Republic of Indonesia that mentioned “The Attorney of The Republic of Indonesia which next in Laws called Attorney is the government agency that performs state powers in enforcing and other authorities based on the Laws,” have legitimation in attempt to accelerating corruption eradication.The formulation of problems in the research was referred to the Article 25 Law Number 31 of 1999 concerning Eradication of Criminal Act of Corruption that was mentioned: “The indictment, prosecution, and interrogation within a court session of a corrupt act shall be conducted on the basis of the existing criminal law procedures unless otherwise stipulated.” The regulation was clearly to prioritize attempting corruption act had to finish immediately in acceleration and punctuality. Looking at the fact, they are not as easy as to imagine many scholars. The settlement of corruption cases act is challenging with several factors, juridical and non-juridical, thus the need for effective ways to combating problems that referred to existing the Laws.
Pengembangan Produk Halal Dalam Memenuhi Gaya Hidup Halal (Halal Lifestyle) Mirsa Astuti
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.v1i1.16

Abstract

Sebagai negara dengan penduduk Islam terbesar di dunia, Indonesia sebenarnya memiliki potensi yang besar terhadap perkembangan industri halal dan syariah. Namun sayangnya, potensi tersebut belum diimbangi dengan prestasi yang baik di tingkat global. Kehalalan suatu produk menjadi kebutuhan wajib bagi setiap konsumen, terutama konsumen muslim. Baik itu produk berupa makanan, obat-obatan maupun barang-barang konsumsi lainnya. Industri produk halal, saat ini mengalami perkembangan tidak hanya sekedar produk halal tapi juga menjadi gaya hidup halal. Penelitian ini merupakan penelitian hukum normative dengan metode penelitiannya adalah penlitian kepustakaan. Berdasarkan hasil penelitian diketahui bahwa dengan lahirnya Undang-Undang Nomor 33 tahun 2014 tentang Jaminan Produk Halal maka ada penjamin dan kepastian hukum tentang penjaminan produk halal. Untuk menjadi pemain utama industri halal dunia, perlu dukungan penuh dari pemerintah. Roadmap industri halal perlu dibuat secepat mungkin agar tujuan dan perkembangan industri halal di Indonesia lebih terarah. Keberadaan Komite Nasional Keuangan Syariah (KNKS) diharapkan juga dapat membantu perkembangan industri halal di Indonesia
Pemidanaan Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Pencabulan (Analisis Terhadap Putusan Hakim Nomor 8/Pid.Sus.Anak/2016/PN.Trt dan Nomor 9/Pid.Sus.Anak/2016/PN.Trt) Denny Reynold Octavianus; mahmud mulyadi; Marlina Marlina; Edy Ikhsan
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.v2i2.97

Abstract

The application of punishment to minors as perpetrators of criminal acts of obscenity in the judge's decision does not provide a sense of justice for minors and their families as victims of obscenity. This study discusses the sentencing of minors as perpetrators of criminal acts of obscenity in cases of obscenity against child victims who are both underage in Decision Number 8/Pid.Sus.Anak/2016/PN.Trt and Decision Number 9/Pid .Sus.Anak/2016/PN.Trt dated September 6, 2016. It was concluded that the imposition of punishment on child perpetrators for the obscenity case in the Tarutung District Court Decision did not fulfill the sense of justice in a balanced manner according to the principle of proportional equality (distributive justice). Considerations for treatment and rehabilitation, as well as utility are not balanced, only for child actors. Child perpetrators are subject to maatregel, but child victims are not recovered from their trauma. Fines, compensation of any kind are not imposed on child perpetrators or their families for the costs of recovery, treatment, rehabilitation of child victims. Alternative legal sanctions for the parents of the perpetrator's child should be subject to civil liability for compensation. In order to have a deterrent effect and special prevention for parents, be careful, alert and control their children from criminal acts, continuous supervision, provide them with formal and non-formal education, and so on. The right to compensation should also be handed down by the court judge to the perpetrator even though it was not requested in the public prosecutor's indictment
Perlindungan Hukum Terhadap Pemegang Saham Minoritas Dalam Undang-Undang Perseroan Terbatas Dwi Rahmawati; Bismar Nasution; Suhaidi Suhaidi; 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.v2i1.76

Abstract

The interests of minority shareholders in the company often conflict with a sense of justice and legal protection. This normative research discusses the issue of legal protection for minority public shareholders and the principle of justice in legal protection for minority shareholders. The legal protection of minority shareholders includes the right to propose a GMS (Article 79 paragraph 2 letter a), sue the board of directors (Article 97 paragraph 6) and the board of commissioners (Article 114 paragraph 6), request a company examination (Article 138 paragraph 3 letter a), and propose the dissolution of the company (Article 144 paragraph 1). The Company Law protects the rights of minority public shareholders based on the silent majority principle. The principle of justice to protect minority public shareholders is derived from the principle of distributive justice, the voting rights of minority shareholders are proportional to the portion of shares paid up, even though the equality is not equal. Judges' considerations regarding the legal protection of minority public shareholders are based on Article 138 paragraph (3) letter a of the Company Law, at least 1/10 of the total shares. Minority public shareholders are eligible to apply for an SLJ examination to the court. So that the minimum requirement of 1/10 of the total shares becomes a guideline to protect the rights of minority shareholders and as a derivation of the principle of distributive justice
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
Publisher : Iuris Studia: Jurnal Kajian Hukum

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
Penerapan Asas Proporsionalitas Dalam Penjatuhan Pidana Terhadap Pelaku Peredaran Narkotika (Analisis Putusan Nomor: 669/Pid.Sus/2018/PN.Btm) Hendi Setiawan; Syafruddin Kalo; M Ekaputra; Edi Yunara
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.v2i2.132

Abstract

Criminalism emphasizes preventive functions aimed at preventing the community from committing a crime. The idea of a criminal proportionality was more related to the objectives of criminal plots by the judge who was contained in his decision, as the defendant had to be sentenced to be convicted with his actions. One example of occurs in cases of perpetrators who circulated narcotics contained in Decision No. 669 / PID.SUS / 2018 / PN.BTM. Based on the background description, the problems studied, namely: how to arrange criminal plotting law against criminal acts, how the philosophy of criminal plotting against the perpetrators of criminal circulation of narcotics, and how to apply the principle of proportionality of criminal law in criminal aride against narcotics circulation perpetrators in the decision no . 669 / PID.SUS / 2018 / PN.BTM. The research method used in this study is a type of normative legal research, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The results of the study, namely the regulation of criminal plotting law on the perpetrators of the crime in Article 54 of the Criminal Code Bill said that in the possession must be considered a form of error of the perpetrators, motives and the purpose of committing a criminal act, and / or the value of law and justice that lived in society. The philosophy of criminal plotting against the perpetrators of criminal circulation of narcotics as a judge in deciding a case must have consideration according to the principle of justice. Application of Proportional Propheorality of Criminal Law in Decision No. 669 / PID.SUS / 2018 / PN.BTM that it is still less proportional between criminalizations with the actions he has done, because the actions taken by the perpetrators are not due to the basis of intention and the intention arranged, but the act of the perpetrators only as people who happen to be invited without knowing what he will do

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