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Sugih Ayu Pratitis
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INDONESIA
Jurnal Perspektif Hukum
Published by Universitas Harapan Medan
ISSN : 27158888     EISSN : 27165027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic law
Arjuna Subject : Umum - Umum
Articles 6 Documents
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Search results for , issue "Vol 3 No 2 (2022): Desember 2022" : 6 Documents clear
HUBUNGAN HUKUM ANTARA DRIVER DENGAN PERUSAHAAN BERBASIS APLIKASI STUDI PERBANDINGAN NEGARA INDONESIA DENGAN NEGARA BAGIAN CALIFORNIA AMERIKA SERIKAT Resky Pradhana Romli
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.604

Abstract

PT Applications Karya Anak Bangsa (Gojek) is a Limited Liability Company with a license as a technology company to provide applications but the online motorcycle taxi application is used for transportation services whose regulations for online transportation do not have strong legal certainty. Application companies are not required to provide "workers' rights" to driver partners such as overtime pay, job security, or severance pay if the partnership ends, insurance, and paid leave at the same time the State of California has passed a rule called Assembly Bill 5 where the California State government changed Definition of Partner which basically means that if an employee works regularly for a company and his job is an undeniable part of the company, the employee must be appointed as a permanent employee. The purpose of this study is to find out how the legal relationship between application-based companies and drivers in Indonesia compares. The research approach used is a conceptual and comparative legal approach that uses primary, secondary and tertiary legal materials where data collection techniques are carried out through literature studies and then analyzed using qualitative methods.This study concludes that the difference in the legal relationship between application-based companies and driver partners is due to differences in the legal system where the State of Indonesia adheres to Civil Law tends to take longer to respond to developments in society and the United States which adheres to Common Law where the Judge's Decision as a source of law in the Common Law system can respond quickly to changes in society.
ALISIS YURIDIS PENGENAAN HONORARUM ATAS JASA-JASA NOTARIS DI KOTA MEDAN Keumala Meutia
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.605

Abstract

As a public official, a notary does not receive a salary from the government but has the right to withdraw an honorarium from services provided based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions, and the Notary Code of Ethics. The position of a notary makes it possible to serve requests from presenters regarding work other than making authentic deeds by receiving the agreed honorarium. The data used are primary data and secondary data. The data collection method used is library research and field research. The data collection tool used is interviews.The results of the study show that the notary's honorarium needs to be regulated because it helps determine the minimum standard of the notary's honorarium will greatly help maintain the professionalism of the notary in carrying out his profession and prevent competition between fellow notaries and there are no violations of the law. So that the creation of justice for notaries in receiving notary services rates. The application of the Notary's honorarium in Medan City in its implementation is not always in accordance with the applicable regulations, due to the Notary's reasons in determining the honorarium, namely factors from the Notary himself, competition between Notaries, the economic value of the deed, the existence of levies, requests and interests of clients, families , life experience, friends, organization, spirituality, situational factors and other factors originating from the environment of the Notary concerned, which are taken into consideration by the Notary in determining the value of the honorarium services he provides and the agreement of both parties.
ANALISIS PERTANGGUNGJAWABAN TERHADAP HUKUM COVERNOTE NOTARIS (STUDI PUTUSAN MAHKAMAH AGUNG NO. 181/PDT/2019/PT.MKS) Apresya Handayani Sembiring
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.609

Abstract

The covernote is not an authentic deed because it does not meet the requirements of the deed as stated in Article 1868 of the Civil Code. In general, a covernote is a letter explaining that there is an ongoing process in the management of unfinished deeds. In the case of a Notary issuing a covernote on the basis of a Notary being asked to manage, complete and carry out a legal relationship between the parties as a form of responsibility to serve the community. The research method used in this research is the Juridical Empirical method which is descriptive analytical, data collection is carried out using secondary data in the form of primary materials. The results of the study show that the act of a Notary issuing a Covernote can potentially become an unlawful act if the elements of an unlawful act are fulfilled. The act of issuing a Covernote which is potentially against the law, apart from being seen from the point of view of propriety, can also be seen from the error of the Notary concerned. Notaries who commit acts that are against the law will be sanctioned. Notary is part of the awareness that the Notary in carrying out his duties and position has violated the provisions regarding the implementation of the Notary's duties. The imposition of sanctions on Notaries is also to protect the public from Notary actions that can harm the community. This is related to the Supreme Court Decision Number 181/PDT/2019/PT MKS regarding the Notary's Accountability to the Covernote he made. Where the Covernote that is published itself is not carried out in accordance with the contents of the covernote, the Notary will be given a Civil Sanction.
PENERAPAN PERATURAN KEJAKSAAN REPUBLIK INDONESIA NOMOR 15 TAHUN 2020 TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (STUDI KASUS PADA KEJAKSAAN NEGERI DAIRI) Alofsen Sianturi
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.610

Abstract

The Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has the potential to conflict with the laws and regulations above, namely the Criminal Procedure Code and Law Number 16 of 2004 concerning the Prosecutor's Office as amended by Law Number 11 of 2021. This research uses a normative legal research type that is descriptive analytical with a statutory approach and a case approach. The results of this study indicate that the position of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in the hierarchy of laws and regulations is another statutory regulation as outlined in Article 8 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation. The application of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice by the Dairi District Attorney in stopping the prosecution of criminal cases with the suspect Ucok Lumban Gaol has met the formal and material requirements. Meanwhile, the application of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution by the Dairi District Attorney in a criminal case with the suspect Desi Megawati Sihombing does not meet the material requirements as specified in the Attorney General's Letter Number B-4301/E/EJP/9/2020 dated September 16, 2020 because Desi Megawati Sihombing's actions were seen as concurrent acts as stated in Article 65 of the Criminal Code.
TINJAUAN YURIDIS PENEGAKAN HUKUM PIDANA KEKARANTINAAN KESEHATAN DALAM PENANGGULANGAN WABAH COVID-19 DI KOTA MEDAN Martina Nurchani
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.614

Abstract

Law enforcement aims to improve order and legal certainty in society. As a form of efforts to achieve a comprehensive rule of law in law enforcement, especially when a certain virus outbreak or pandemic occurs, the Government together with the House of Representatives of the Republic of Indonesia. The role of the government and the community in the successful implementation of the Emergency Community Activity Restriction (PPKM) is in line with how the role is in the fulfillment of rights and obligations. The research method in this study is a normative legal approach. The main object is the norms or rules of positive legal rules that regulate criminal law policies as an effort to overcome the Covid-19 emergency. The criminal law enforcement process against perpetrators of health protocol violations in the city of Medan is in accordance with Law Number 6 of 2018 concerning Health Quarantine, however the government has not fully fulfilled the rights of the community during the implementation of large-scale social restrictions (PSBB) and the implementation of restrictions on community activities (PPKM). ). The role of the people of Medan City in dealing with Covid-19 and compliance with PPKM is still considered low. Based on data from the Medan City Government, the number of violations of the Covid-19 health protocol in Medan City is increasing. The latest data, from July 15 to August 09, 2021, as many as 52 people who violated health protocols (prokes) during Emergency PPKM and Level 4 PPKM in Medan City. The 52 people are non-essential, namely business actors and traders and have undergone a trial for minor crimes.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN ONLINE DI MEDIA SOSIAL (Studi Putusan Pengadilan Negeri Medan Nomor 3132/Pid.B/2021/PN Mdn) Inggrid Rumyriris Sitorus
Jurnal Perspektif Hukum Vol 3 No 2 (2022): Desember 2022
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v3i2.618

Abstract

Gambling done via the internet occurs because betting on sports activities or casinos is done via the internet. The research data is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, which are arranged qualitatively. Law enforcement by the Police against perpetrators of online gambling crimes on social media is based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions to be precise in Article 27 number (2) and for regulation of criminal acts regulated in Article 45 of the Law on Information and Electronic Transactions. Efforts to countermeasures through penalties are carried out by imposing severe penalties on online gambling actors and non-penalists by taking preventive actions or efforts, namely preventing the occurrence of online gambling crimes through social media. Decision Number 3132/Pid.B/2021/PN. Mdn is that there is no basis to abolish the sentence against the defendant so that the defendant is stated to be able to take responsibility for his actions and the defendant is sentenced to imprisonment for 1 (one) year which is lighter than the demands of the public prosecutor who demands that the defendant be given a prison sentence of 1 (one) year. one) year 3 (three) months.

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