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Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Inses Menurut Undang-Undang Perlidungan Anak Nomor 35 Tahun 2014 Muhammad Habib albani
Jurnal Perspektif Hukum Vol 3 No 1 (2022): Juni 2022
Publisher : Universitas Harapan Medan

The son was a gift from the only one god, and child has harkat and dignity to which it is attached as a person whole. The son was of shoots , the potential , young generation to succeed the ideals of the nation's struggle, have a strategic role , as well as having traits and characteristics that ensure the continuity of the life of the nation and state in the future and so that every child is able to carry out responsibilities. Child legal protection is defined as an effort to protect the law against the freedom and human rights of children related to their welfare, including freedom from sexual crimes. From various characteristics incest, a case that occur most frequently is sexual relations are accompanied by violent means, threats of violence, fraud, misdirection and persuade seduced into according to the victim and or powerless which aims to rape and sexually abusing. Setting the legal protection of child victims of criminal acts of incest, as follows: a) the Book Legislation Criminal Law (KUHP), article 285, article 287 and article 294, paragraph (1). b) Act No. 35 of 2014 Concerning amendment to Act No. 23 of 2002 about Child Protection contained in article 26, 59A, 64, 66, 69, 71D.

Analisis Yuridis Perceraian Disebabkan Suami Biseksual (Studi Putusan Pengadilan Agama Pariaman Nomor 69/Pdt.G/2019/Pa.Prm) Raina Liza Liza
Jurnal Perspektif Hukum Vol 3 No 1 (2022): Juni 2022
Publisher : Universitas Harapan Medan

Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming an eternal and happy family based on God Almighty. (Law No. 1 of 1974). Divorce is the breaking of marital ties between husband and wife by court decision and there are sufficient reasons that between husband and wife will not be able to live in harmony again as husband and wife. Bisexual is a person who has sexual attraction to two different genders at once. What are the legal consequences that are born after the breakup of a marriage because the husband is bisexual, How are the judges' considerations in deciding divorce cases because the husband is bisexual. The type of research used is normative juridical obtained from library materials. The nature of this research is descriptive analysis, namely to obtain a systematic, factual and accurate description of the problems studied. Collecting data in this study through library research with data collection tools using library research and interviews. Bisexual behavior can be used as a reason to sue for divorce because the purpose of marriage law is to create peace in the household and society and avoid the benefit that destroys the human generation. The legal consequences that were born after the termination of the marriage because the husband was bisexual were experiencing conflict, inharmonious communication relationships, the existence of mafsadat and maslahat elements as well as making the marriage divorced. The judge's consideration in deciding divorce cases because the husband is bisexual is that there is harm in one of the partners, there are 6 (six) ).

Lelang Pengadaan Barang dan Jasa Sinyal Telekomunikasi Dari Stasiun Araskabu Menuju Bandara Kualanamu Oleh Executive Vice President Pt. Kereta Api Indonesia (Persero) dengan Bajatra (Analisis Putusan Nomor 181 Pk/Tun/2016) Alam syah putra
Jurnal Perspektif Hukum Vol 3 No 1 (2022): Juni 2022
Publisher : Universitas Harapan Medan

The user party is the party who requests or assigns the provider a task to supply or manufacture goods or make certain jobs. The problem in this research is the legal regulation of the auction of the procurement of goods and services in government regulations. Sanctions that can be imposed on parties related to the procurement of government goods/services that do not meet the requirements of the provisions of the work order. How is the judge's legal considerations in deciding the dispute between PT. Kereta Api Indonesia (Persero) with Bajatra in Decision Number 181 PK/TUN/2016. This research uses normative legal research methods. Presidential Regulation Number 16 of 2018 concerning the Procurement of Government Goods/Services provides guidelines for regulating and implementing the procurement of goods/services that accommodates the development of government needs regarding the regulation of the procurement of goods/services in order to fulfill the maximum benefit value and be able to contribute in increasing the use of products. domestic. Sanctions that can be imposed on parties related to the procurement of government goods/services that do not meet the requirements of the provisions of the work order. The sanctions are regulated in Article 83 of Presidential Regulation Number 16 of 2018, one of which is in the form of sanctions for inclusion in the Black List. The judge's legal considerations in deciding the dispute between PT. Kereta Api Indonesia (Persero) With PT. Bajatra in Decision Number 181 PK/TUN/2016 is a test of the validity of both procedural and substantial terms of the imposition of a blacklist addressed to the Plaintiff issued by the Defendant, not regarding the provision of goods and services in terms of telecommunication signal work from Araskabu station to Medan Kualanamu Airport. and Sepur 8, 9 Medan Station Emplacement. Implementation of the work agreement between PT. Bajatra and PT. KAI.

Kedudukan Harta Perkawinan Atas Nama Istri di Indonesia (Studi Putusan Pengadilan Negeri Jakarta Barat No. 330/Pdt.G/2012/Pn. Jkt Bar) Tria Alvionita
Jurnal Perspektif Hukum Vol 3 No 1 (2022): Juni 2022
Publisher : Universitas Harapan Medan

If the marriage is terminated due to divorce, the joint property is regulated according to their respective laws. If a husband and wife break up because of divorce, they embrace Islam, then the property of the marriage is divided according to Islamic law, but it does not rule out the possibility of dividing it based on customary law. The problem discussed is the regulation of marital property in the name of the wife according to the statutory regulations. The distribution of joint assets according to the decision of the West Jakarta District Court No. 330/Pdt.G/2012/PN. JKT Bar and the judge's legal considerations in the decision of the West Jakarta District Court No. 330/Pdt.G/2012/PN. JKT Bar. The type of research is normative juridical which is obtained from library materials that are descriptive analytical, namely to obtain a detailed and systematic description of the problems studied. The results of the study show that property acquired during the marriage period becomes joint property, as long as the goods are purchased in a marriage bond, the property becomes the jurisdiction of the joint property, who buys it, on whose name it is registered and where it is located does not matter. In Decision No. 330/Pdt.G/2012/PN. JKT BAR, because the distribution of joint assets is not regulated in the Marriage Law or in its Implementing Regulations, the panel of judges refers to the rules of the Civil Code Article 128 paragraph (1). Judge's legal considerations in Decision No. 330/Pdt.G/2012/PN. JKT BAR that the Plaintiff has been able to prove that the object of the dispute is the joint property of the Plaintiff and the Defendant, as long as there is no marriage agreement regarding joint property, all assets acquired during the marriage period are joint property.

IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST CRIMINAL ACTS OF CHILD ABILATION ACCORDING TO CHILD PROTECTION LAW (Kupang District Judgment Study Number 178 /Pid.Sus/2018/PN.Kpg) Muhammad Yudhistira Suseno
Jurnal Perspektif Hukum Vol 3 No 1 (2022): Juni 2022
Publisher : Universitas Harapan Medan

Kidnapping is an act committed by someone without the right for the purpose of enabling such person under the powers of the kidnappers. An abductor targets child as a victim. Based on the online news website liputan6.com, Chairman of the National Commission for Child Protection Arist Merdeka Sirait said the Child Abduction case continues to increase years from years. The issues regarding the case to be examined in the present study are: The regulation regarding criminal liability of offenders of child abduction and The criminal sanction and condemnation towards the offenders of child abduction. From the results of an exploration conducted with the normative research method in this study it was found that the criminal liability of the offenders of child abduction is regulated in Article 76F Indonesian Law No. 35 of 2014 concerning the Amendment towards the Law No. 23 of 2002 concerning Child Protection. The kidnapping of a child may be held to criminal liability if the offender has committed an act fulfilling the elements of delinquency. Regarding criminal sanctions and condemnation against child abductors who are proven guilty of legally and convincingly in the eyes of the law of committing the crime of kidnapping of a child can be sentenced in the form of imprisonment and a fine penalty. Criminalization of child abductors depends on the role of the judge who examines and prosecutes the case. Judges are given the freedom to set the type of criminal, criminal conduct, or the high and low criminal.

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

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

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

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

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

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.

Home Page

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Contact Name
Sugih Ayu Pratitis

Contact Email
fh.unhar@gmail.com

Phone
+6282164069846

Journal Mail Official
fh.unhar@gmail.com

Editorial Address
Jl. Imam Bonjol No 35 Medan

Location
Kota medan,

Sumatera utara

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sugih Ayu Pratitis

Contact Email fh.unhar@gmail.com

Phone +6282164069846

Journal Mail Official fh.unhar@gmail.com

Editorial Address Jl. Imam Bonjol No 35 Medan

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sugih Ayu Pratitis

Contact Email
fh.unhar@gmail.com

Phone
+6282164069846

Journal Mail Official
fh.unhar@gmail.com

Editorial Address
Jl. Imam Bonjol No 35 Medan

Location
Kota medan,

Sumatera utara

INDONESIA