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INDONESIA
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana
Published by Universitas Darma Agung
ISSN : 20895771     EISSN : 26847973     DOI : doi.org/10.46930/
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Rectum is such a publication media of scientific works produced by academics, practitioners, researchers and students who are pursuing law. This journal is managed by the Faculty of Law, Darma Agung University, in cooperation with the UDA Research and Community Service Institute (LPPM). This journal is opened to the public. Focus and Sope is Law and Social Sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 575 Documents
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PERJANJIAN PENGIKATAN JUAL BELI (PPJB) DALAM TRANSAKSI PERALIHAN HAK ATAS TANAH DAN ATAU BANGUNAN Alusianto Hamonangan; Mhd. Taufiqurrahman; Rosma Mediana Pasaribu
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1180

Abstract

The process of transferring land rights based on the power of attorney to sell made by a notary is 3 months until the expiration of the principal credit agreement. In general, if the SKMHT is not upgraded to APHT within a certain time, then the SKMHT becomes null and void within 1 month after it is given. This research uses normative juridical, namely reviewing the laws and regulations. The conclusion is that a power of attorney to impose Mortgage is not immediately followed up with the making of a Deed of Granting Mortgage by the bank within a certain period of time specified in the Mortgage Law. If there are signs that the debtor will default, the position of SKMHT is changed to APHT and registered at the National Land Office so that it meets the requirements for the principles of speciality and publicity. This condition makes SKMHT in Article 15 UUHT upgraded to APHT in order to have executorial power over the objects guaranteed by the debtor.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUK OBRAL DENGAN IKLAN TANPA INFORMASI YANG JELAS (MENYESATKAN) Muhammad Yasid; Nur Sakdiah
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1175

Abstract

The existence of products that are sold on sale from business actors to consumers can benefit both parties, (business actors and consumers). However, with the hidden conditions attached to the sale of products sold on sale, it is clearly very detrimental to consumers. To be able to attract more consumers' interest in buying sale products, business actors use advertising facilities. But unfortunately, most of these ads contain information that is not clear, thus violating the rights of consumers, which in the end, consumers also suffer losses. So the choice of the title of this article is "Legal Protection Against Consumers on Sale Products With Advertisements Without Clear (Misleading) Information."
TINDAK PIDANA PENYEROBATAN TANAH DALAM PERSPEKTIF HUKUM PIDANA Jaminuddin Marbun; Raja Kenasihen Ginting; Anggara Zuhri Harahap
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1179

Abstract

Land grabbing is an act of taking rights or assets arbitrarily or by ignoring the laws and regulations, such as occupying land or other people's houses that are not their rights. Illegal land grabbing is an act that is against the law, which can be classified as a crime. The formulation of the problem studied in this thesis is how to regulate the crime of land grabbing, how are the factors causing the crime of land grabbing, how to enforce the law against the crime of land grabbing. The research method used in this research is using normative juridical research sourced from library research using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the regulation of criminal acts of land grabbing is regulated in several provisions for the regulation of criminal acts of land grabbing regulated in several statutory provisions, including Law Number 51 PRP of 1960 which states that land use without a rightful permit or legal proxy is an act that is illegal. prohibited and threatened with criminal penalties (Article 2 and Article 6) and regulated in the Criminal Code in several articles, namely Article 167, Article 242, Article 263, Article 264, Article 266, Article 274, and Article 385 of the Criminal Code. The factors causing the crime of land grabbing are the land owner's indifference to the assets he owns, the victim's ignorance about the ownership of the land having been sold or given to someone else by the victim's parents, the high price of land which causes people to start looking for their land and also resulting in difficulty in obtaining land for cultivation, the sale of parents' land first using a belief system so that there is no evidence related to the transfer of land rights. Law enforcement against land grabbing is subject to Article 385 of the Criminal Code which is the only article directly related to land grabbing and is categorized as a criminal offense. Especially in Article 385 paragraph (1) of the Criminal Code which reads: "Whoever with the intention of unlawfully benefiting himself or others, sells, exchanges or burdens with credit verband a right to Indonesian land, a building, building, planting or seeding, even though it is known that another person owns or also has rights to it.
ANALISIS YURIDIS PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (Studi Kasus tentang PHK Di Dinas Tenaga Kerja Provinsi Sumatera Utara) Nanci Yosepin Simbolon; Mhd Iqbal Sinaga; Betty Berliana
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1174

Abstract

In the era of industrialization, the problems of industrial relations disputes are increasing and complex, so that mechanisms and institutions for resolving industrial relations disputes are needed that are fast, precise, fair, inexpensive, so that they can be resolved by upholding legal authority, legal certainty and justice. By using a normative juridical research method, collecting laws and regulations, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and the Manpower Act. The result of the discussion is that layoffs can occur because the company merges, consolidates, takes over, or separates the company and the employee is not willing to continue the working relationship or the entrepreneur is not willing to accept the worker or laborer. Another reason is the company's efficiency, the company closed because of continuous losses for two years, the company closed due to forced circumstances, and others.
PERLINDUNGAN HUKUM TERHADAP NARAPIDANA WANITA DI LEMBAGA PEMASYARAKATAN WANITA KELAS II A TANJUNG GUSTA MEDAN Rudolf Silaban; Mhd. Erwin; Otonius Lawolo
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1178

Abstract

A convict is someone who is found guilty of his actions, and has obtained a court decision that has permanent legal force. In general, it can also be said that people who have been deprived of their independence and locked up in detention rooms or what are often called Correctional Institutions (Lapas). Prison is a place to carry out coaching for prisoners, including female prisoners. Women are figures who must be protected and must be respected and cared for and considered for the future. The guidance carried out on female prisoners is a form of effort to make the woman a complete human being. In connection with this, the government is obliged to provide legal protection for female prisoners in order to achieve and fulfill their rights in prisons in accordance with applicable laws and regulations. This research uses empirical juridical/sociological methods by using data obtained from legal practice or social phenomena related to this thesis and based on applicable legal norms. The implementation of guidance carried out at the Class II A Women's Correctional Institution in Medan is based on Law Number 12 of 1995 concerning Corrections which explains that only loss of independence is the only thing experienced by prisoners, all of their rights must be fulfilled like humans in general. In Law Number 12 of 1995 concerning Corrections, it further regulates the rights of female prisoners in article 14. In the implementation - the implementation of the rights of women prisoners carried out at the Class II A Medan Women's Prison has been carried out in terms of the coaching process, however in the process, it has been carried out optimally, but in its implementation, obstacles were found so that the process carried out was hampered and there were also things that supported its implementation during the coaching process.
KEBIJAKAN HUKUMAN MATI TERHADAP TERPIDANA NARKOTIKA DI INDONESIA DITINJAU DARI HAK ASASI MANUSIA Syawal Amry Siregar; Ade Yuliany Siahaan; Marnaek Tua Kevin Purba
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1173

Abstract

Indonesia is one of the countries that still imposes a death penalty for certain crimes that fall into the type of extra ordinary crimes. Drugs trafficking crimes is one that falls into the extra ordinary crime types. Over of time, this crime has grown not only from the increasing number of users and dealers but also from the types of drugs themselves so that the Indonesiangovernment requires a strict punishment in overcoming these crimes. On the other hand, the implementation of imprisonment is considered ineffective,in fact, in some cases the convictshave the opportunity to become recidivists and control the crime even more. Therefore, the death penalty policy for drugs convicts is an effort that is expected to eradicate drugs trafficking crimes in Indonesia. The problems wichis studied in this paper is how is the regulation of the death penalty for drugs convicts according to the law in Indonesia, how the effectiveness of the death penalty for drugs convicts and how the death penalty policy for drugs convicts is reviewed by a human rights perspectivity. This research was conducted in a normative juridical manner and is expected to provide a comprehensive explanation of matters relating to the death penalty policy for drugs convicts by a human rights perspectivity. Based on the results of this research paper, the death penalty has been regulated in law number 35 of 2009 does not have a deterrent effect on drug offenders. In addition, the death penalty policy for drugs convicts if it viewed from human rights is contradictory because the right to life is the most important right for humans and is contained in the 1945 constitution as the written basic law for the Indonesian nations.
TINJAUAN YURIDIS TERHADAP PAJAK DAERAH DAN RETRIBUSI DAERAH STUDI PELAKSANAAN DI UNIT PELAYANAN PAJAK DAERAH SAMSAT KOTA BINJAI Ria Sintha Devi; Novi Juli Rosani Zulkarnaen; Rani Ika Pratiwi
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1177

Abstract

This study aims to determine the implementation of regulations along with the impacts and obstacles experienced by the UPPD Samsat Binjai regarding regional taxes and regional levies in the fields of Motor Vehicle Taxes, Transfer Fees for Motorized Vehicles and Surface Water Taxes and their relationship with the Civil Code (Burgerlijk Wetboek). ). The researcher uses normative and juridical empirical/sociological research, empirical juridical implementation studies in the form of interviews, observations and valid data from the Regional Tax Service Unit of Samsat Binjai. The key instrument in this research is the researcher himself and this research uses qualitative descriptive data analysis techniques. The final result of this study is that the implementation of the regulation has been optimal even though in the field it is not always smooth but still on the regulations that are set and are closely related to the Civil Code because tax law takes the basics of tax collection and so on based on article 1233 of the Criminal Code concerning engagement (verbintenis).
PERLINDUNGAN HUKUM DAN MEKANISME HAK MENUNTUT GANTI RUGI BAGI KORBAN TINDAK PIDANA AKIBAT KESALAHAN PENANGKAPAN DAN PENAHANAN Mhd. Ansori Lubis; Fitriani Fitriani; Nata Pardamean Panjaitan
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1172

Abstract

A suspect, defendant or convict has the right to receive protection if he becomes a victim in a criminal justice process, that is, if an arrest and detention is made that is not in accordance with legal procedures. This research method is juridical normative. The formulation of the problems in this research are: How do the arrangements for providing compensation for victims of criminal acts due to wrongful arrest and detention, what reasons cause the victim of a crime to sue for compensation and how legal protection and the mechanism for prosecuting compensation for damages. compensation is contained in Article 9 of Law Number 48 of 2009 concerning Judicial Powers, Article 95, Article 96 of the Criminal Procedure Code, for compensation for victims regulated in Article 98 to Article 102. The reasons that cause victims to demand compensation are: a). Unauthorized arrest, b). Illegal detention, c). Prosecuted and tried without being based on law, d). Losses due to actions without reason under the law, e) Termination of investigation and termination of prosecution, f). Compensation after review. The form of legal protection for victims is contained in Government Regulation Number 92 of 2015 concerning the Second Amendment to Government Regulation Number 27 of 1983 concerning the Implementation of the Criminal Procedure Code. the mechanism for filing compensation is stated in Article 79, Article 95 paragraph (2), Article 80 of the Criminal Procedure Code.
ANALISIS YURIDIS HAK WARIS TERHADAP ANAK ANGKAT DALAM HUKUM ADAT BATAK SIMALUNGUN Maurice Rogers; Herdi Munte; Johannes Eka Pratama Jawak
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1176

Abstract

To be able to meet the legal needs of the Indonesian people in the present and the future in the context of building a just and prosperous society based on Pancasila and the 1945 Constitution, it is necessary for the drafting of national law to have conceptions and legal principles derived from customary law. Customary law is one of the important sources to obtain materials for the development of national law leading to legal unification, which will mainly be implemented through the making of laws and regulations. The type of research used in the field review is empirical law and literature review or often referred to as normative law where both are mutually sustainable in the preparation of the final lecture. In this case, inheritance law is the law that regulates the transfer of wealth left by someone who dies and the consequences for his heirs. The formulation of the problem that the researcher describes in this thesis is about the position of adopted children in Simalungun customary law, in terms of the distribution of inheritance to adopted children in the Simalungun Batak customary law and the procedures for the distribution of inheritance in the patrilineal system to adopted children in Simalungun Batak customs. The position of adopted children in the Simalungun customary law, namely the adoption of children in Indonesia is known as adoption where in the Simalungun Batak custom it is called Ngampu Anak. In this case, the position of the adopted child is the same as that of the biological child, where the adopted child goes through a strong customary and legal process. The division of inheritance to adopted children in the Simalungun Batak customary law, namely the rights of stepchildren or adopted children can be equated with the rights of biological children. Because before a child is adopted or adopted, must go through a certain customary process. Which aims that the person is legally legally the clan of the person who raised him. However, there are certain types of assets that cannot be passed on to stepchildren and adopted children, namely family inheritance. The legal consequences of adopting a child between an adopted child and adoptive parents as well as an adopted child and biological parents are against an adopted child. Generally, the adoption of a child results in the transfer of the position of the child from the family environment of the original parent to the family environment of the adoptive parent. The adopted child becomes a member of the adoptive parent's family.
PENIPUAN PENGGUNAAN ALAT ANTIGEN BEKAS (Studi Kasus Bandara Kualanamu, Medan-Sumut) Gomgom T.P Siregar; Lestari Victoria Sinaga; Andrie Ghaivany Purba
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 3 No 2 (2021): EDISI BULAN JULI 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v3i2.1171

Abstract

One form of structured consumer fraud during the COVID-19 pandemic is the crime of using used antigen devices which has an impact on Article 196 of Law Number 36 of 2009 concerning Health in conjunction with Article 55 of the Criminal Code, where anyone who intentionally produces pharmaceutical preparations does not meet the standards. and quality shall be sentenced to a maximum imprisonment of 10 years and a maximum fine of Rp. 1.000.000.0000,-. This research uses normative juridical research, namely examining the laws and regulations, namely Law Number 36 Year 2009 concerning Health and the Criminal Code. The formulation of the problem is that the police are asked to thoroughly investigate the fraudulent use of this used antigen device and not stop at the perpetrators in the field. In addition to the health sector, the purpose of protection against the threat of Covid-19 is where the government saves health and social security by issuing a circular letter from the task force for handling coronavirus disease number 7 of 2021 concerning the extension of travel provisions for domestic people during the coronavirus disease pandemic which determines that everyone If you want to travel by airplane, you must show a certificate of negative rapid test result-Polymerase Chain Reaction, hereinafter referred to as RT-PCR or negative result of rapid antigen test. Due to these conditions, medical officers and the government must provide health facilities and the need for RT PCR or rapid antigen tests is a business opportunity in the health sector, especially the price is quite expensive so that this condition is carried out by Kimia Farma medical officers who intentionally recycle the antigen rapid test kit. The former occurred at Kualanamu Airport, Medan City, North Sumatra.

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