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INDONESIA
JURNAL JUSTIQA
Published by Universitas Quality
ISSN : 29647061     EISSN : 26856832     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Justiqa merupakan jurnal yang bertemakan Ilmu Hukum, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum. Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum dengan topik-topik sebagai berikut: Hukum Administrasi, Hukum Pidana, Hukum Internasional, Hukum Perdata, Hukum dan Masyarakat, Hukum Hak Asasi Manusia, dan analisis hukum lainnya
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 45 Documents
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KEBIJAKAN HUKUM PIDANA BAGI PENGEDAR NARKOTIKA PADA TINGKAT PENYIDIK DI WILAYAH HUKUM SUMATERA UTARA (STUDI KASUS KEPOLISIAN DAERAH SUMATERA UTARA) Rio Nababan; Madiasa Ablisar; Mahmul Siregar; Mahmud Mulyadi
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
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Abstract

Sumatera Utara as one of the entrances to the Asian economic trade, which is going to the Continent of Australia. Therefore Indonesia, especially North Sumatra, is a very strategic city for Narcotics trade routes in Asia. Data from the Sumatera Utara Regional Narcotics Directorate has increased Narcotics cases both as users or as narcotics dealers every year, from 2015 there were 4,319 cases and in 2016 there were 5,460 Narcotics Cases and in 2017 there were 5,897 cases. In this study using a juridical empirical approach and the nature of descriptive analytical research. The problem in this study is how the criminal law policy for narcotics dealers at the investigator level in the jurisdiction of North Sumatra Regional Police and what are the Constraints in criminal law policy for eradicating Narcotics dealers at the investigator level in the North Sumatra Regional Police as well as how future policy towards legal policy criminal for Narcotics dealers at the investigator level in the jurisdiction of the North Sumatra Regional Police. The results of this study provide a conclusion that in terms of legislation it is necessary to establish a law or umbrella in implementing Undercover Buy and Phone intercept so that investigators in carrying out their duties do not hesitate, in terms of law enforcement officials need to push the Agency Diklat Polri to conduct training for North Sumatra Regional Police Narcotics investigators as well as from the legal culture aspect the pelu increases public awareness very low to assist the police in matters of complaints or reporting on narcotics crimes in the North Sumatra Regional Police.
ANALISIS YURIDIS AKIBAT PERLUASAN MAKNA PASAL 29 UNDANG-UNDANG NO. 1 TAHUN 1974 TERHADAP UNDANG-UNDANG NO. 37 TAHUN 2004 Maulana Ibrahim; Sunarmi Sunarmi; Hasim Purba; Mahmul Siregar
JURNAL JUSTIQA Vol 3, No 1 (2021): VOL 3 NO 1 TAHUN 2021
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Abstract

Constitutional Court Decision No.69/PUU-XIII/2015 on Article 29 of the Marriage Law No. 1 of 1974 concerning Marriage caused the rules regarding marriage agreements to change, where previously a marriage agreement could only be made before or at the time of marriage. This research is a normative legal research with analytical descriptive character. The approach used is a conceptual approach. Sources of data used in the form of secondary data. The location of the research was held at the Medan District Court class 1 A specifically by interviewing Judges and also interviewing Notaries. This research was conducted by means of literature/document studies and interviews. Data analysis was carried out qualitatively. The results showed that with the Decision No. 69/PUU-XIII/2015, there are two things that become the ratio decidendi of the Constitutional Court to grant the petition for a judicial review of Article 29 of the Marriage Law. First, because of the needs of people who are married to foreign nationals. Second, the Constitutional Court evaluates it in terms of justice. The marriage agreement can be made at any time as long as it is still in the marriage bond. As a result of the decision of the Constitutional Court on the extension of the marriage agreement to the bankrupt debtor, namely the opening of the bankrupt debtor's opportunity to make a marriage agreement, but still the marriage agreement is made within one year before being declared bankrupt so that if it is made during bankruptcy and there is a third party who is harmed, the marriage agreement is canceled for The law is considered to never exist because it is not in accordance with Article 1320 of the Civil Code. That way, the marriage agreement must still not harm the other party.
PERLINDUNGAN HUKUM TERHADAP LAHAN PERKEBUNAN DAN PERTANIAN MASYARARAKAT AKIBAT TERJADINYA ALIH FUNGSI LAHAN Permai Yudi; Lyndon Parulian Nainggolan; Bobby Sutra Saragih
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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Abstract

Handling the problem of land transfer in Indonesia into plantation and agricultural landis increasingly happening, especially forest land and / or former plantation land managedby the State. The province of North Sumatra is one of the areas that has many areas thathave a transition of land functions into plantation land and / or agricultural land ownedby the community, so it needs attention by the central government and local governmentin providing legal certainty and protection to the community. Endorsement or recognitionof land that is transferred to plantations and or agriculture must get special attentionfrom local governments, especially the central government, so that the transition of theuse of land that was once forest land and or plantation land is clearly allotment. The purpose of this research is to find out the legal arrangements on legal protection ofplantation land and / or agricultural land owned by the community, and to know theallocation of land in its use by the community both in the field of plantations and / oragriculture so that it can be said productive land. The research method used today is thelibrary review approach, by describing in writing form, in relation to laws andregulations related to forests and plantations and agriculture. The targeted external isoutside the mandatory Journal of Justiqa published by the Faculty of Law, University ofQuality.
FUNGSI AKTA NOTARIS DALAM PEMBUATAN AKTA JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Dr.Henny Saida Flora, SH.M.Hum.,M.Kn
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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Abstract

The making of a Fiduciary Guarantee Deed by a Notary must be made in accordancewith the existing laws and regulations. In practice, notaries often make mistakes bymaking a fiduciary guarantee deed that exceeds the amount that is limited to making thedeed as it should be and then the notary also often makes a fiduciary guarantee deedoutside the notary's jurisdiction, whereas if the notary acts outside his jurisdiction, thedeed can be filed for cancellation. by parties who have an interest in the general courtand there has been a general court decision that has permanent legal force or thenotarial deed has a proving position as a private deed or a notarial deed is null and void.
PENYELESAIAN UTANG DEBITUR TERHADAP KREDITUR MELALUI KEPAILITAN Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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Abstract

In the current development of trade coupled with the rapid influence of globalization in the business world where most of the capital is a loan from various sources both from banking, investment, bond issuance and other methods that are allowed where in practice often creates many obstacles in the return of loan capital so that it needs a legal instruments that can settle these debts so as not to drag on so that the settlement can be resolved quickly, fairly, openly and effectively. The legal instrument is known through the Bankruptcy Institution. Bankruptcy Institutions are regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension and Obligations of Debt Payments, among others, the principle of Equality of Creditors ( Parity Creditorium ) regulated in Article 1 paragraph (1), article 2 paragraph (1) and article 21. The principle of debtor assets as joint collateral for creditors (pari passu prota parte) is regulated in Article 189 paragraphs (4) and (5) as well as in the explanation of article 176 letter (a). The principle of Debt Collection has the meaning as the concept of retaliation from a debtor against a bankrupt debtor by collecting his claim on the debtor's assets. This matter is regulated in Article 1 paragraph (1), article 8 paragraph (7), article 21, article 24 paragraph(2), article 65, article 69 paragraph (1), article 93 paragraph (1) and then Universal and territorial principles are regulated in Article 212, article 213 and article 214. Settlement of debtors' debts to creditors through the Court's decision is a series of processes to increase debtors on condition that the debtor has two or more creditors who do not pay off at least one debt that has fallen due and can be collected and can be proven simply in examination in the Court. And with the declared bankrupt debtor, so on can be resolved in two ways, namely by peace and bankruptcy property. Settlement by way of peace can occur if the debtor submits a peace plan and is approved by the creditor, whereas settlement by means of bankruptcy property can occur if the debtor does not propose a peace plan or propose a peace plan but is rejected by the creditor.
IMPLEMENTASI HAK ASASI MANUSIA TENTANG PEREMPUAN DAN ANAK MENURUT HUKUM ISLAM Qori Rizqiah H Kalingga
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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Abstract

Human rights for respect must be upheld, respected and respected, there should be no SARA differences or violence with each other, instead those who are classified as weak must be protected from any actions that are contrary to their human rights. As explained in Article 1 of Law No. 39 of 1999 concerning Human Rights that human rights are a set of rights inherent in the nature and existence of humans as God's creatures and are His gifts that must be respected, highly respected and protected by the State, Law, and Government and everyone for the sake of honor and protection human dignity and dignity. In this case women and children are very vulnerable to violence and discrimination so that their rights are ignored, because women and children are considered as the weakest creatures. This phenomenon often occurs in social life due to the knowledge and understanding of people who do not understand the rights of women and children. Therefore, efforts from various parties need to be strengthened on how to provide protection and implement the rights of women and children, especially in state law and Islamic law
MONEY POLITICS DALAM PEMILIHAN UMUM OLEH BADAN PENGAWASAN PEMILIHAN UMUM: PENGAWASAN TINDAK PIDANA PEMILU ARAS FIRDAUS
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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The practice of money politics is a crime that often occurs during elections. This is a joint concern to supervise legislative candidates who will carry out these actions and participate in rejecting the practice in order to create clean elections. The problem in this research is how the handling of election criminal acts by the election supervisory body and how to prevent them? And supervision in overcoming the crime of money politics? The research method used in this study is juridical normative. This research is analytical descriptive, the purpose of this study is expected to obtain a detailed and systematic description to answer the problem to be examined. The research results show that sanctions given to perpetrators of money politics should be given strict law enforcement. So that criminal law becomes the foremost law in expressing legal issues related to elections.
PERBUATAN PIDANA DAN PERTANGGUNGJAWABAN PIDANA DALAM PERKARA KORUPSI ANGELINA PATRICIA PINGKAN SONDAKH (Studi Putusan Mahkamah Agung Nomor 1616 K/Pid.SUS/2013) Ibrahim Ali; Syafruddin Kalo; Mahmud Mulyadi; Suhaidi Suhaidi
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
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Differences among judges stem from the understanding adhered to in criminal enforcement and criminal responsibility. Fulfillment of criminal acts of corruption committed by convicts to lead project budgets at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group. The problem is the criminal responsibility in the Supreme Court Decision Number 1616 K / Pid.Sus / 2013, causing differences of opinion between court judges. Not the criminal act of corruption committed by convicted persons related to shifting the budget at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group to take care of the formulation of the elements in Article 12 letter a of the UUPTPK. Subjective elements include state administrators, reasonably presumed, while the objective includes receiving gifts or promises, and the objective of moving the project budget to Permai Group, contrary to its obligations. The results of the study show that criminal liability in this case fulfills the unintentional act of bribery, not active gratification, because there is an agreement between the bribe giver and the bribe recipient. Judges of the Central Jakarta District Court and PT DKI Jakarta must interpret the law and facts better and carefully with an understanding of dualism in criminal conviction, and should also say that the formulation of Article 12 letter a of the UUPTPK contains the offense of bribery, not active gratification.
ANALISIS KEBIJAKAN PENDIDIKAN ANTI KORUPSI DI PERGURUAN TINGGI Krista Surbakti; Krismawanta Surbakti
JURNAL JUSTIQA Vol 3, No 1 (2021): VOL 3 NO 1 TAHUN 2021
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Reasoning various negative perceptions towards the direction of national education that has been considered not to characterize the national personality, especially about the output of education that tends not to reflect the values and principles of anti-corruption in work and daily, so that through formal education there should be an increase in terms of intensity. Simplistically, the formal education sector in Indonesia can play a role in meeting the need for corruption prevention. Preventive measures can indirectly pass through two approaches, first: targeting learners, and second: using the empowerment of learners to reduce the environment from permissive to corruption. As for the problems in this paper is how the anti-corruption education policy in Higher Education and the extent of anti-corruption education policies in the prevention of corruption. With the aim to understand and analyze the role of anti-corruption education in growing the values and principles of anti- corruption from an early age. Through this anti-corruption education will be a provision for students to act honestly in the work. Of course, in order not to commit acts of corruption when later occupied a strategic position in an institution or served an important position in this bureaucracy. The facts show that highly educated people are vulnerable to the temptations of corruption because they usually occupy strategic positions in an institution or hold important positions in the bureaucracy.
TINDAK PIDANA DALAM AKSI DEMOSTRASI YANG ANARKIS DITINJAU BERDASARKAN UU NO. 9 TAHUN 1998 TENTANG KEMERDEKAAN MENGELUARKAN PENDAPAT DI DEPAN UMUM Ica Karina, S.H.,M.H
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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Demonstrations are a part of democratic life in a country because demonstrations are away to express opinions in public. The demonstrations that have occurred recently havebasically become increasingly widespread since the fall of the New Order regime, in thisregard the Indonesian people have begun to see, hear and even get involved eitherdirectly or indirectly in demonstration activities. This irresponsible demonstrationcertainly violates the provisions contained in the Criminal Code and Law Number 9 of1998 concerning Freedom to Express Opinions in Public. The purpose of this study wasto determine the factors that cause anarchist demonstrations and to find out what steps can be taken to prevent demonstrations from turning into acts of anarchism. The datacollection technique used in this research is through literature study to obtainconceptions, theories or doctrines, opinions or conceptual thoughts from previousresearchers related to the object of this research which can be in the form of laws andregulations or other sources. This research is analytical descriptive, the type of researchthat will be conducted in this research is juridical research. Without legal certainty therewill be no order. On the other hand, at a certain level, order can undermine justice. Inaddition to realizing certainty, order requires equality, while justice must allow fordiversity or differences in treatment. The description above just wants to show that legalissues are not as simple as they are often touted.

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