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Arif Rahman
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Jln. Jawa, Kampus Bukit Indah, Jalan Jawa, Padang Sakti, Blang Pulo, Muara Satu, Blang Pulo, Muara Satu, Kota Lhokseumawe, Aceh 24355.
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INDONESIA
Jurnal Ilmiah Mahasiswa Fakultas Hukum Universitas Malikussaleh
Published by Universitas Malikussaleh
ISSN : -     EISSN : 27988457     DOI : https://doi.org/10.29103/jimfh.v5i2.6255
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMIAH MAHASISWA: Jurnal Ilmiah Mahasiswa Fakultas Hukum (Faculty of Law Student Scientific Journal) is a double blind peer reviewed journal published by the Faculty of Law, Universitas Malikussaleh. JURNAL ILMIAH MAHASISWA: Jurnal Ilmiah Mahasiswa Fakultas Hukum (Faculty of Law Student Scientific Journal) published three times a year, every January, April and October and has been registered as Scientific Journal on LIPI with Special ISSN Number (ISSN ONLINE 2798-8457). JURNAL ILMIAH MAHASISWA: Jurnal Ilmiah Mahasiswa Fakultas Hukum (Faculty of Law Student Scientific Journal) is a Scientific Journal of Law that has specificities in the fields of Legal Services, Community Engagement of Law Sector, Legal Aid, and Advocacy. The scope is not limited to: Economic Law, Civil law, Criminal law, Constitutional law, Environmental law, International law, Islamic law, and Information Communication and Telecommunication (ICT) Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 1, No 1 (2018): Oktober" : 6 Documents clear
TANGGUNG JAWAB PERUSAHAAN DALAM PELAKSANAAN CSR (CORPORATE SOCIAL RESPONSIBILITY) KEPADA MASYARAKAT OLEH PT. PERKEBUNAN NUSANTARA I LANGSA DI GAMPONG ALUE DUA Mulyana Mulyana; Ramziati R; Nasrianti N
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2543

Abstract

The implementation of corporate responsibility by PT. Perkebunan Nusantara I Langsa ithe form of partnership and community development programs by observing Law Number 40 year 2007 concerning Limited Liability Companies, Government Regulation Numer 47 year 2012 and strengthened by Ministerial Regulation Number PER-02/MBU/7/2017 concerning the Partnership and Community. Which cannot be denied that the positive impact on the community and environment, specifically in terms of granting capital loans as venture capital for fostered partners in Gampong Alue Dua. in the case of granting capital loasn, a legal relationship arises, namely rights and obligations between the company and the fostered partners considers that the venture capital fund is a grant from the campany. The purpose of this study is to find out and explain the implementation of corporate responsibility to the community and the environment, and explain the implementation constraints and efforts to resolve the implementation of corporate responsibility. This research in an empirical juridical legal research, with qualitative legal research types, the source of legal material used is primary and secondary legal materials, research collection techniques are carried ou by interview and literature study methods, research analysis is done by descriptive analysis. Based on the results of research that PT. Perkebunan Nusantara I Langsa has implemented corporate social resposibilty in the from of the Partnership and Community Development Program. The constraints and resolution efforts faced by PT Perkebunan Nusantara I Langsa in the implementation of corporate social responsibility are divided into two, namely in the Partnership Program, the obstacles include: difficulty finding loan data, no confiscation seizure, wrong perception from the community, The Community Development Program has problems, namely difficulties in place surveys, The solution is a persuasive approach. It is recommended to the company in the partnership program the need for a detailed explanation in the nechanism to be followed by the fostered partners from various stages so that the company has no difficulty in billing the fostered partners, and the company can balance petigas with the company’s work area so that it is easy to conduct surveys or the didtribution of aid funds right on target. Key words: Corporate Social Responsibility, PKBL, Implementation.
PRESIDENTIAL THRESHOLD TERHADAP PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN REPUBLIK INDONESIA DALAM SISTEM KETATANEGARAAN Putri Lina Wahyuni; Elidar Sari; Mukhlis M
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2542

Abstract

The holding of elections simultaneously raises implications for the mechanism of general elections the President and Vice-President, especially in terms of the implementation of the presidential threshold. After the decision of the Constitutional Court (MK) number 14/PUUXI/2013, which mandates the simultaneous elections raises the pros and cons about setting the presidential threshold. In the perspective of the Constitution, using or not using the presidential threshold indeed does not conflict with the Constitution, because the presidential threshold is the policy of the law that are open from forming laws. The purpose of this paper is to study the presidential threshold in conjunction with a Simultaneous Election in 2019. The method of approach in this research is normative juridical with examines the problems that arise in terms of the law. The presidential threshold has been twice used in the election, the results show evidence that the presidential threshold is very positive become a tool of initial selection of candidates for President and Vice-President. The use of the presidential threshold in the elections in Indonesia was initially set in the 1945 Constitution (UUD 1945) stated in article 6A, and then further regulated in Legislation Number 23/2003 about General Election of President and Vice-President, then amended by Lagislation Number 42/2008 on General Election of President and Vice-President are next rearranged in Lagislation Number 7/2017 about General Elections. In the implementation of the presidential threshold is not necessarily only a positive impact, but there are also negative impacts such as the presence of new parties that have passed verification and are expressed as participants of the election by the Election Commission (KPU) in 2019 it does not have political rights in candidates for President and Vice-President, and the presence of Indonesian citizens who feel maimed political rights for which he choose in the 2014 election not necessarily be the choice in the elections 2019 or the candidate would they choose is canceled forward because the rules of the presidentila threshold. With keep the enactment of the rule threshold in the 2019 elections expected legislators to rethink about the terms of the presidential threshold, especially in conjunction with simultaneous elections, taking into account the advantages and disadvantages in the application or removal of the presidential threshold, for the purpose to strengthen the presidential system in Indonesia. Keywords :The Presidential Threshold, the verdict of the Constitutional Court, Simultaneous Elections
ANALISIS YURIDIS TINDAK PIDANA KECELAKAAN LALU LINTAS BERAKIBAT KEMATIAN (STUDI PENELITIAN DIWILAYAH HUKUM POLRES KOTA LHOKSEUMAWE) Wahyu Maulana; Husni H; Romi Asmara
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2540

Abstract

The Law Number 22 of 2009 on Traffic and Transportation has given juridical regulation to traffic order. Numerous traffic accidents in the area of police station of Lhokseumawe city from 2016 to 2018 occurred due to the negligence of driver that cause casualties even death. The study aimed to describe the criminal act of traffic accident fatality and the causes in the area of Police Station of Lhokseumawe. The study also attempted to examine the efforts of the traffic police of police station in Lhokseumawe to manage the criminal act of traffic accident fatality and the obstacles. This study used qualitative methods with sociological juridical approach. Data obtained through library research and field research. Data analysis was conducted by using descriptive analysis. Based on the results, it can be concluded that the criminal act of traffic accident fatality in the area of police station in Lhokseumawe is caused by negligence (culpa) of driver and noncompliance with the traffic laws. Majority of the accident is caused by one vehicle overtaking another vehicle. While the efforts to manage violations of traffic law was carried out preventively and repressively by the police station of Lhokseumawe. However, it might not be able to eliminate the violation directly but it can give a warning to the traffic violator. To present an intact image of law to the public, it is suggested that the traffic police of Lhokseumawe city to handle traffic accidents using the strategy of single site (fixing sharp bend), mass action plans (coating the road surface), route action plans (improving traffic signs facilities), and area wide schemes (reducing vehicle speed on specific location), as well as improvements in the internal of police station in Lhokseumawe city. Keywords: Juridical Analysis, Criminal Act, Accident, Traffic
Perlindungan Hukum Bagi Kreditor Terhadap Pelunasan Piutang Dari Harta Pailit Hamdi Hamdi; Sulaiman S; Teuku Yudi Afrizal
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2541

Abstract

The concept of legal protection in bankruptcy has so far been seen as a way out of the problem of accounts receivable debt which coincides with a bankrupt debtor, where the debtor no longer has the ability to repay the debts which are past due to their creditors, so that the steps to submit a request for the determination of bankruptcy status by the Court Commerce of the debtor is a possible step to resolve the bankruptcy case. Bankruptcy was originally regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Furthermore, if the parties submitting bankruptcy applications, the Commercial Court Judges at the District Court are required to examine and hear the case being submitted. The research method used is the normative legal research method or library research with the statute aprroach approach and the case aprroach approach. Based on the results of the study, it is known that the form of legal protection for creditors against paying off debts from bankrupt assets in the Supreme Court Decision Number 511 / K / Pdt. Yinchenindo Mining Industry (in bankruptcy) by law becomes a guarantee for its debts to preferred creditors, in this case the Head of the Second Foreign Capital Investment Service Tax Office. Furthermore, the UUK and PKPU also guarantee the rights of creditors in bankruptcy, especially the rights of preferred creditors who have a special position with peace efforts and the postponement of obligations to pay debts of bankrupt debtors to their creditors as stipulated in Article 222 of the UUK and PKPU. The concept of the distribution of bankrupt assets distributed to preferred creditors after deducting bankruptcy fees and compensation for curatorial services where the payment process is settled based on the principle of fairness and balance set forth in Article 265 of the UUK and PKPU, where the preferred creditor parties receive the remaining payment of the receivables amounting to 62.5% ( sixty two point five percent) of the bankruptcy assets.It is expected that the Judges of the Commercial Court and the Court of Appeals at the Supreme Court consider the rights of preferred creditors who pay off their receivables first. The Debtor should be able to immediately submit a request to postpone the debt payment obligation so that the remaining outstanding debt receivables cannot be paid off to the preferred creditors through the sale of free assets. Keywords: Protections of the law, creditor, Treasures of starc
Wanprestasi dalam Perjanjian Sewa Menyewa Rumah (Studi Penelitian Di Dusun A Desa Panggoi Kecamatan Muara Dua Kota Lhokseumawe) Yuliani Yuliani
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2555

Abstract

This study discusses the legal relationship between the homeowner and the tenants of the house in a lease agreement. The lease provisions are regulated in Articles 1548 to 1600 Civil Code, but specifically based on the principle of consensualism of the parties. The legal relationship that occurs is in the form of a rental agreement. That this agreement was made legally by the parties and fulfilled the subjective and objective legal requirements, but in the implementation of the party renting out the promise to not deliver the object of the lease to the lessee and entered into a sale and purchase agreement with another party, this would cause a loss for the lessee . This study specifically raised 1 (one) case of default that occurred in a lease agreement with object 1 (unit) of a house located in Hamlet A, Panggoi Village, Muara Dua District, Lhokseumawe City. 3 (three) issues raised in this study are: 1). What is the legal relationship between the parties in the implementation of the rental agreement to rent a house in Hamlet A, Panggoi Village, Muara Dua District, Lhokseumawe City? 2). What will be the legal consequences for the parties in the lease agreement in Dusun A, Panggoi Village, Muara Dua District, Lhokseumawe City if there is a default? 3). What is the settlement effort made by the injured party due to default in the lease agreement? The analysis in this study was carried out qualitatively with an empirical juridical approach to see how the lease contracts that have been agreed by the parties are carried out by both. The data search is carried out through documentation study activities by examining various legal provisions especially the articles related to the lease agreement in the Civil Code and juxtaposing it with the contract agreed upon by the parties. Documentation study is supported by field study activities that interview the parties, namely the tenants and the renting parties as well as other respondents. With regard to the problem in question, the parties agreed to settle the family by holding a meeting. The lessee in this case does not sue the lessee to the litigation route through a breach of tort or tort against the law. For the lessee, the payment of the full payment which has been paid in full is sufficient to resolve the problem. This is motivated by the tenant not to complicate the problem of the loss he experienced. This study advises readers in particular and all parties to apply the principles of good faith and the principle of prudence in the implementation of the agreement, even though the agreements referred to are the types of agreements that are commonly carried out by the community as well as this lease agreement.
ANALISIS YURIDIS TINDAK PIDANA KECELAKAAN LALU LINTAS BERAKIBAT KEMATIAN (STUDI PENELITIAN DIWILAYAH HUKUM POLRES KOTA LHOKSEUMAWE) Wahyu Maulana
JURNAL ILMIAH MAHASISWA FAKULTAS HUKUM UNIVERSITAS MALIKUSSALEH Vol 1, No 1 (2018): Oktober
Publisher : Fakultas Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jimfh.v1i1.2539

Abstract

The Law Number 22 of 2009 on Traffic and Transportation has given juridical regulation to traffic order. Numerous traffic accidents in the area of police station of Lhokseumawe city from 2016 to 2018 occurred due to the negligence of driver that cause casualties even death. The study aimed to describe the criminal act of traffic accident fatality and the causes in the area of Police Station of Lhokseumawe. The study also attempted to examine the efforts of the traffic police of police station in Lhokseumawe to manage the criminal act of traffic accident fatality and the obstacles. This study used qualitative methods with sociological juridical approach. Data obtained through library research and field research. Data analysis was conducted by using descriptive analysis. Based on the results, it can be concluded that the criminal act of traffic accident fatality in the area of police station in Lhokseumawe is caused by negligence (culpa) of driver and noncompliance with the traffic laws. Majority of the accident is caused by one vehicle overtaking another vehicle. While the efforts to manage violations of traffic law was carried out preventively and repressively by the police station of Lhokseumawe. However, it might not be able to eliminate the violation directly but it can give a warning to the traffic violator. To present an intact image of law to the public, it is suggested that the traffic police of Lhokseumawe city to handle traffic accidents using the strategy of single site (fixing sharp bend), mass action plans (coating the road surface), route action plans (improving traffic signs facilities), and area wide schemes (reducing vehicle speed on specific location), as well as improvements in the internal of police station in Lhokseumawe city. Keywords: Juridical Analysis, Criminal Act, Accident, Traffic

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