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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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Analisis Hukum Atas Akta Pendirian Koperasi Dimana Penandatanganan Akta Pendirian Didasarkan Kepada Surat Kuasa Di Bawah Tangan Edwin Edwin; Ahmad Fauzi; Suprayitno Suprayitno
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.v1i2.45

Abstract

The legal analysis of the cooperative establishment where the founders are represented by a power of attorney without an intermediary of a legal official is stated in Law No. 25 of 1992 concerning cooperatives.There is no single paragraph that requires that a Statute of a cooperative must be authentic, meaning that the establishment of a cooperative is only required in a written form (deed), that is, it can be a deed without intermediary legal officials and can also be an authentic deed.This is regulated in paragraph (1) of Article 7 of the Cooperative Law.Provisions regarding the establishment and amendment of the articles of association stipulated in the Cooperative Law provide freedom to those who will establish cooperatives to choose whether to use deeds without the intermediary of a legal official or authentic deed
Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah Dalam Tata Kelola Pemerintahan Daerah Yang Bersih Dan Bebas Korupsi (Studi Kasus Di DPRK Aceh Timur) Hamdani Hamdani; Faisal Akbar; Mirza Nasution; M Ekaputra
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.v2i2.134

Abstract

Supervision conducted by the Regional People's Representative Council, one of which is the performance carried out by the Regional Government Apparatus, namely by supervising the regional / regional expenditure budget that has been established and run by the regional government apparatus. As one of the areas studied is the East Aceh Regional Government in Aceh Province. Based on the description of the background above, the problem can be formulated in this study as follows: 1. How is the position of the Regional Representative Council in the structure of the East Aceh Regional Government? 2. How about the form of supervision in terms of preventing the deviation of the use of regional budgets carried out by the East Aceh Regional Government Apparatus? 3. How the effectiveness of supervision carried out by the East Aceh Regional Representative Council in regional government governance is clean and free of corruption? The research method used in this study is a type of normative legal research, which is supported by primary and secondary data sources, and analysis Qualitatively. The results of the research and discussion, namely the position of the Regional People's Representative Council in the structure of the East Aceh Regional Government is a representative institution in the regions, and at the same time as an element of organizers of the regional government. The form of supervision in terms of preventing irregularities in the use of regional budgets, namely by determining the targets and standards for supervision relating to concrete matters such as monitoring and observing the implementation of projects carried out in a budget year, and further responding to public complaints to the occurrence of irregularities The use of regional budgets. Supervision carried out by the East Aceh Regional Representative Council in regional government governance that is clean and free of corruption is still not effective due to time limitations and because in addition to overseeing activities in the field also serve the community..
Analisis Akta Wasiat Atas Harta Bersama Yang Dilaksanakan Setelah Suami Meninggal Berdasarkan Putusan Pengadilan Agama No: 2304/Pdt.G/2017/PA Medan Putra Rizki Akbar; Sunarmi Sunarmi; T. Keizerina Devi Azwar; 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.v2i2.147

Abstract

A letter of will has to be contained in the deed, in line with the provision stipulated in article 921 of the Civil Code which states that one shall list all the assets that were present at the time of the death of the donor or testator. When heir’s rights are violated, he is allowed to take legal efforts by claiming for his absolute or legal portion through a civil lawsuit to Religious Court, an example of which is the case in the Religious Court Ruling No.2304/Pdt.G/2017/PA Medan. The inherited assets disputed in this ruling belong to Drs. H. AUL and Hj. AHN. When they were still alive, Hj. AHN had drawn up two deeds regulating the provision and sharing of her assets. Due to these deeds, the siblings and nephews of H.AUL, the legitimate husband of Hj. AHN, did not receive any assets. The plaintiffs consider that Defendant I and Defendant II act as if they have full rights over the assets of AUL and AHN, in fact the plaintiff thinks that he is also rightful over the assets of AUL. Reconciliation between both parties has ever been attempted but it failed; thus, the plaintiffs finally file a civil lawsuit to the court. In their lawsuit, they state that they disagree to the action taken by AHN and want to claim for revocation of the deeds in order that they can receive some of the assets inherited by AUL and AHN. This is an analytical descriptive research that describes and analyzes data systematically to provide as conscientious da as possible about humans. The data collection technique employed in this research is combination of documentary study and field research. This research collected secondary data consisting of primary, secondary, and tertiary legal materials. The status of joint property is entitled due to death parting husband and wife as regulated in article 96 paragraph (1) of Islamic Law Compilation which states that half of joint property becomes the right of the other spouse (husband or wife) who lives longer. In this case, the wife has the right to make a will which object belongs to joint property after death of her husband, as long as there is not any violation to the requirements for validation and limitations made by the testator during the drawing up of the deeds. If the limitations are violated, according to Article 201 of Islamic Law Compilation, the will takes only 1/3 of the inheritance. The will drawn up by Defendant II as a Notary has surpassed maximum limit of 1/3 without the consent from Plaintiff I until IX and Defendant III until Defendant VIII as heirs, also, the will was drawn up when AHN was in the state of serious illness which was 1 month after her death. Therefore, the deeds can be revoked because they violated some prevailing regulations
Peranan Kepolisian Dalam Penanggulangan Tindakan Kejahatan Pencurian Dengan Kekerasan (Begal) Di Wilayah Hukum Polsek Percut Sei Tuan Hartono Hartono; Syafruddin Kalo; M Hamdani; 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.v2i2.148

Abstract

This study aims to determine the role of the police in overcoming violent crimes (begal) in the jurisdiction Sector Police (POLSEK) Percut Sei Tuan Medan. The data used in this study are primary data and secondary data. Primary data were obtained through interviews with several parties related to research topics and secondary data obtained by studying books, magazines and legislation related to the research topic. Next, data obtained were analyzed quantitatively and presented descriptively. The results of this study indicate that tackling violent crimes (begal) in the jurisdiction Police Sector POLICE) Percut Sei Tuan Medan, which is in accordance with Law No. 2 of 2002 contained in Article 5 paragraph 1. Obstacles in overcoming crime the crime of theft with violence at the Sei Tuan Medan Police is a lack of participation from the Community. The community plays an important role in overcoming the crime of theft with violence so that between the community and the police have a relationship with each other
Peran Hakim Terhadap Penerapan Diversi Sebagai Upaya Menciptakan Restoratif Justice Dalam Tindak Pidana Anak Esther Wita Simanjuntak; Madiasa Ablisar; Sutiarnoto Sutiarnoto; Marlina Marlina
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.v2i2.141

Abstract

In Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, it is regulated regarding the obligations of law enforcers to seek diversion (settlement through non-formal channels) before entering all stages of the legal process. For cases of criminal acts committed by children, Restorative Justice at least aims to repair or restore criminal acts committed by children with actions that are beneficial to children, victims and their environment that involve them directly (reintegration and rehabilitation) in solving problems. This research is a normative juridical research with analytical descriptive nature. The technique of collecting secondary data was obtained by means of a literature review (Library Research), while the primary data was obtained directly in the field using the interview method. Data analysis was carried out qualitatively.
Analisis Yuridis Alih Teknologi Dalam Pengadaan Alutsista Sebagai Upaya Revitalisasi Industri Pertahanan Nasional Alif Fadillah Oemry
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.v2i2.144

Abstract

The defense industry is a strategic industry that has links with the interests of national defense and security. Indonesia's defense industry needs to be revitalized to support domestic defense and security interests and boost the country's economy. One of the government's efforts to revitalize the defense industry is the transfer of defense equipment technology through the procurement of defense and security equipment from another country. Technology transfer is needed to accelerate the development process so that it does not require a long time in research and defense technology research in producing innovative defense equipment products. This research uses normative legal research supported by primary data. This research will study and analyze the importance of technology transfer, especially in the form of legal regulations in the process of revitalizing the national defense industry, government efforts related to law in developing the defense industry to realize the independence of defense equipment procurement and to find out and analyze the effectiveness of legislation in Indonesia in supporting industrial revitalization national defense through technology transfer. The results of research showed that the legal regulation of technology transfer is very important to protect the intellectual property rights of the technology owner so that the technology owner allows technology transfer, The government uses the concept of the three pillars of the defense industry players in making efforts to develop the national defense industry and the laws and regulations used in the revitalization effort and the defense industry is effective enough to realize the objectives of the revitalization of the defense industry even though it is still not optimal
Analisis Hukum General Data Protection Regulation (GDPR) Terhadap Data Pribadi Konsumen Dalam Melakukan Transaksi Online Yahya Ziqra; Sunarmi Sunarmi; Mahmul Siregar; Jelly Leviza
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.v2i2.146

Abstract

Privacy is very important for individuals because basically a person must have a side of himself that others do not want to know and there will be a desire from the individual to protect his secrets. European Union (EU) law views personal data as any information relating to a living person that can be protected through the General Data Protection Regulation (GDPR). The purpose of this study is to find out why personal data needs legal protection, whether the laws and regulations in Indonesia have protected personal data in online transactions, and how the comparison of personal data protection in conducting online transactions in Indonesia with the European Union. This research method uses a descriptive normative juridical approach. The data used are secondary data collected by using library research techniques. All data were analyzed by qualitative data analysis method. Based on research, it is very important to protect personal data so that it is not easily exploited or misused when conducting online transactions, but the laws and regulations in Indonesia have not fully protected personal data.
Bantuan Hukum Timbal Balik Dalam Perampasan Aset Korupsi Antar Lintas Batas Negara Bisdan Sigalingging
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.v2i3.152

Abstract

Corruption assets are not only stored in the country, but can also cross borders between countries. Mutual legal assistance in criminal law is an important aspect in eradicating corruption, especially for asset confiscation. This normative research discusses the problem, namely how to tackle corruption in Indonesia through increasing mutual legal assistance cooperation between countries. It was concluded that the 2003 UNCAC Convention and Law Number 1 of 2006 concerning Mutual Legal Aid in Criminal Matters were very effective in overcoming corruption through increasing cooperation in mutual legal assistance, to pursue stolen assets and money that were abroad. Law enforcement officers will easily find out the destination country and the place where money flows or criminal assets are stored. It is hoped that through MLA cooperation, law enforcement officers can easily confiscate assets through NCB Assets Forfeiture or civil forfeiture instruments, including for the transfer of the convicted person, transfer of criminal proceedings, law enforcement cooperation, joint investigations, and special investigation techniques
Penuntutan Terhadap Pelaku Tindak Pidana Penyalahguna Narkotika Di Luar Golongan Yang Di Atur Dalam Lampiran Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Syafruddin Kalo; Mahmud Mulyadi; Edy Ikhsan; Fahri Rahmadhani
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.v2i3.153

Abstract

Law is a social engineering. In order to enforce legal function as a means of social engineering, a law should be transparent toward social dynamics in society. One of the legal fields which is closely related to social life is criminal law. One of the types of crime which is fully concerned by criminal jurisprudence today is criminal act in narcotics. The development in science and technology has caused criminal act in narcotics to be difficult to handle such as the new type of narcotics, Methylene (3,4 Methylenedioxy Metkatinon) which has recently been talked about since Raffi Ahmad case came to the fore; it is not registered in the Appendix of Law No. 35/2009 on Narcotics. The objective of the research was to find out legal provisions, laws, and regulations on narcotics which exists in Indonesia, to find out the prosecution on criminal act in narcotics abuse outside the classification stipulated in Law No. 35/2009, and to find out the obstacles in the prosecution on criminal act in narcotics outside the classification stipulated in Law No. 35/2009. The research used judicial normative and descriptive analytic method. The result of the research showed that the national legal products on criminal act in narcotics were stipulated in Law No. 9/1976 on Narcotics, Law No. 22/1997 on Narcotics, and Law No. 35/2009 on Narcotics. Methylene has chemical structure which resembles ecstasy, but it has great impact; it cannot even be used for medical and cosmetics. The enforcement of criminal law on methylene abuse can be done by legal finding through interpretation. Interpretation method is done in systematical, doctrinaire, teleological, and extensive way. However, interpretation should be done limitedly. The obstacles in prosecuting criminal act in narcotics outside the classification stipulated in Law No. 35/2009 can be viewed from the factors of law, law enforcement, facility and infrastructure in enforcing law, society, and culture. It is recommended that the Minister of Health issue a regulation on the amendment of the Narcotics Classification. Law enforcement, particularly public prosecutors, should dare to make a breakthrough in the case of methylene (3,4 Methylenedioxy Metkatinon) because by interpreting this derivative compound judicially, it can be made similar to cathinone in the list of the Appendix of Law No. 35/2009 on Narcotics
Penerapan Sanksi Pidana Mati Bagi Pelaku Tindak Pidana Pengedar Narkotika Di Wilayah Hukum Kota Tanjung Balai Sutan Sinomba Parlaungan Harahap; Madiasa Ablisar; Ekaputra Ekaputra; Sunarmi Sunarmi
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.v2i2.149

Abstract

The provision of the death penalty for narcotics crimes is one of the measures taken by the state to execute drug dealers that could damage generations of the nation, and with Law No. 35 of 2009 on Narcotics can ensnare dealers or drug dealers by giving the harshest punishment that is the death penalty. The issues raised in this study are how to set up criminal sanctions, the application of criminal sanctions in the form of the death penalty, and the consideration of judges in imposing criminal sanctions in the form of the death penalty for the perpetrators of narcotics dealer crimes, especially in the jurisdiction of Tanjung Balai City. To find the answer to the problem, this study used a type of normative legal research that is descriptive analytical, in which this normative legal research uses secondary data as the primary data by using data collection techniques carried out by library reseacrh, as well as data analysis using qualitative data analysis methods.

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