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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 73 Documents
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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.
PERTANGGUNGJAWABAN PERSEROAN TERBATAS TERHADAP SURAT KETETAPAN PAJAK (LIMITED COMPANY LIABILITY TO THE TAX ASSESSMENT LETTER) Ananda, Denny Mulia
Jurnal Perspektif Hukum Vol. 4 No. 1 (2023): JUNI 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i1.692

Abstract

A tax assessment letter is a record of a company's financial information in an accounting period that can be used to describe the company's performance. Fiskus in carrying out their authority in issuing an STP, SKPKB, SKPKBT must be based on the attribution of authority given by laws and regulations but in current implementation there are problems where there are differences between accountability under the Limited Liability Company Law and the Tax Collection Law. This research uses a type of normative legal research that is descriptive- analytic in nature, using secondary data, namely primary legal materials. The results of this study include the efforts of the tax authorities to deal with STP, SKPKB, SKPKBT which are not paid by Limited Liability Companies is to enforce the law through tax collection which is enforceable under the Law of the Republic of Indonesia Number 19 of 2000 concerning Amendments to Law Number 19 of 1997 concerning Tax Collection By Forced Letter (Tax Collection Law With Forced Letter). The billing action begins with the issuance of a letter of reprimand, a warrant, execution of confiscation and then conducts an auction. Underpaid and unpaid SPT, SKPKB, SKPKBT organs of a limited liability company where according to Article 14 paragraph (1a) of the Law on Collection of Taxes by Enforcement Letter, if the assets of a limited liability company cannot pay off the said tax assessment letter, then the organs of a limited liability company may be subject to confiscation of the assets. personally not only directors or commissioners but .also shareholders. Tax collection regulations are special rules relating to tax debts which are different from debts in general and can also be understood as tax collection regulations which are laws that have a goal for the benefit of society at large so that they can override personal interests.
PENGHAPUSAN PERTANGGUNGJAWABAN PIDANA PELAKU PEMBELAAN DIRI YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG (Analisis Yuridis Putusan Nomor 61/Pid.B/2019/PN. Cbd) Raynaldo, Dino
Jurnal Perspektif Hukum Vol. 4 No. 1 (2023): JUNI 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i1.698

Abstract

Ccompulsory defence, an act justifying self-defense in the event of a sudden attack or threat of attack; however, the law cannot justify all forms of nature and method of defense and cannot reasonably limit defense. In other words, rational defense is an attack or threat. . In writing this paper I will examine secondary data through case analysis using library research methods, but the type of research data is secondary data. Legislation to rule out self-defense offenses that result in the death of another person is regulated in Article 49 (1) and (2) of the Criminal Code. Law enforcement that overrides the perpetrator's criminal responsibility in self-defense that results in the death of another person, the defendant's actions against the law, and the defendant's resistance in the form of forced or emergency defense. Decision Number 61/Pid.B/2019/PN. The CBD stated that the act was not a crime, so the accused must be acquitted of all charges.
TINJAUAN YURIDIS PUTUSAN BEBAS DALAM TINDAK PIDANA PEMALSUAN AKTA KELAHIRAN YANG DIGUNAKAN SEBAGAI DASAR MELAKUKAN JUAL BELI TANAH (Studi Putusan Mahkamah Agung RI No. 387 K/Pid/2021) Nabila, Sarah
Jurnal Perspektif Hukum Vol. 4 No. 1 (2023): JUNI 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i1.699

Abstract

The product produced in the judicial process, especially criminal justice, is a judge's decision. The judge based on the norms used to analyze the laws and regulations related to the issuance of an acquittal (vrijspraak) against the defendant for the crime of forging a birth certificate. The problem that arises is the regulation of criminal law for the perpetrators of the crime of falsifying birth certificates in buying and selling land? The form of criminal responsibility for the act and what is the basis for the consideration of the judge who tried the defendant for Decision No. 387 K/Pid/2021 Raba Bima District Court? The research method used is secondary data consisting of applicable laws and regulations, books, journals and other supporting data relevant to the research title. The judge decided with an acquittal in the crime of falsifying a birth certificate which was used as the basis for buying and selling land in the decision on Case Number 387 K/Pid/2021 against the defendant based on the consideration that the panel of judges considered that the defendant had not found any unlawful act and without rights (which must be judged by intention/intent/knowledge of the unlawful nature of an act in an actor).
KEABSAHAN SERTIFIKAT JAMINAN HAK TANGGUNGAN ELEKTRONIK SEBAGAI PELUNASAN KREDIT BERMASALAH Nasution, Ariqah
Jurnal Perspektif Hukum Vol. 4 No. 1 (2023): JUNI 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i1.857

Abstract

One form of collateral regulated under statutory regulations is a mortgage guarantee right where the object is a movable object based on UUPA number 60 of 1960. Currently, due to developments in science and technology, previously conventional mortgage guarantee certificates have changed to electronic guarantee certificates. mortgage right which is shortened to el certificate. The problem is what is the validity of the electronic mortgage guarantee certificate as collateral for non-performing loans? The research method used in this research is normative legal research or research which is synonymous with library research which is by developments in society. The validity of the electronic mortgage guarantee certificate as evidence for non-performing loans has the same legal force as manual mortgage rights, where the mortgage rights have the same force as a court decision in the event of problematic credit or the debtor defaults. Collateral objects registered based on electronic mortgage rights can be executed as debt repayment to the debtor. This is by the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 9 of 2019 concerning Electronic Integrated Mortgage Services, the ITE Law, and several other regulations relating to the validity of electronic documents.
TINJAUAN YURIDIS ANAK KORBAN TINDAK PIDANA DENGAN PELAKU PEDOPHILIA Aulia Siregar, Yunus; Harahap, Muslim; Ayu Pratitis, Sugih
Jurnal Perspektif Hukum Vol. 4 No. 1 (2023): JUNI 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i1.858

Abstract

Children are part of the young generation of a nation that has the potential to advance the nation when it grows up. Therefore, children need to be taken seriously. Along with the times, the types of crimes against children are growing. One of them is sexual crimes that are currently rife, which are committed by adults against children or more commonly known as pedophilia. Obscene acts experienced by a child continuously will have a bad impact on the child's physical and psychological development, and it is possible that the child who is a pedophile victim will also become a pedophile in the future. This research is a normative research conducted by collecting primary, secondary and tertiary legal materials through a literature study. The legal materials studied are Law Number 35 of 2014 concerning child protection and the Criminal Code of Law Number 17 of 2016 and legal provisions relating to children. With the existence of legal prosecutors, they can give punishment to perpetrators of sexual crimes against children, considering where the actions of the perpetrators have a bad impact that causes trauma to the victims themselves.
PENEGAKAN HUKUM PIDANA TERHADAP PENCEMARAN LINGKUNGAN DANAU TOBA OLEH MASYARAKAT PENGELOLA KERAMBA JARING APUNG (KJA) Pardosi, Pretty Elisabeth
Jurnal Perspektif Hukum Vol. 4 No. 2 (2023): Desember 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i2.865

Abstract

Lakes have a significant economic function, namely as a source of clean water which is very important for human needs such as providing drinking water, irrigation, and industrial purposes. One of the lakes owned by Indonesia is Lake Toba. The community uses the Lake Toba area for agriculture, tourism, and fisheries. Floating net cage (KJA) is one of the freshwater fish farming systems that developed in the Lake Toba area. The existence of KJA in Lake Toba is able to improve the community's economy resulting in its use increasing from year to year. However, its management has a negative impact on the environment, such as Lake Toba water pollution. This research will examine criminal law enforcement related to the management of Floating Net Cages (KJA) that pollute the environment in Lake Toba and solutions to the problem of managing Floating Net Cages (KJA) that pollute the Lake Toba environment. This research is a normative legal research, which is descriptive (exposure). Normative legal research is a document study, which uses sources of legal material in the form of laws and regulations, court decisions / decrees, contracts / agreements / contracts, legal theories, and opinions of scholars. The results showed that law enforcement of KJA managers who pollute the environment in Lake Toba is still weak, even though there is a legal umbrella that regulates it. Countermeasures can be divided into pre-emptive action, preventive action and repressive action. Pre-emptive action can be done by conducting a Strategic Environmental Assessment (KLHS) program, while preventive action can be done by being selective in granting environmental permits, and repressive action is by imposing strict sanctions in accordance with applicable regulations. Keywords: Criminal Law Enforcement, KJA Management, Environmental Pollution.
TINJAUAN HUKUM PIDANA TERHADAP KEPEMILIKAN HEWAN PELIHARAAN YANG MEMBAHAYAKAN ORANG LAIN Sarumaha, Barnabas Yusran
Jurnal Perspektif Hukum Vol. 4 No. 2 (2023): Desember 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i2.904

Abstract

Having a pet is not a problem as long as it does not violate the law and does not harm others or violate other people's rights. However, many cases occur where pets attack other people and endanger lives. This study aims to examine the legal arrangements regarding pet ownership, the implementation of rules regarding pet ownership and solutions to problems of pet ownership that endanger others. This research is a normative law research. Normative law research uses normative case studies in the form of legal behavior products, for example examining laws. This research is descriptive in nature, namely research that is explanatory in nature, and aims to obtain a complete picture of the state of the law that applies in a particular place, or regarding existing juridical symptoms, or a certain legal event that occurs in society. It was found that pets that endanger the lives of others according to criminal law are included in general criminal offenses and regulated in the Criminal Code. Pet owners can be convicted according to Article 359, Article 360 and Article 490 of the Criminal Code if their pets harm others. Cases of pet ownership endangering others often occur. Whether it is an attack or a bite that causes minor injuries to death. However, most cases are only resolved through compensation. Even though there have been several cases of pet attacks, especially dogs, which have claimed lives. Crime prevention efforts can be broadly divided into two criminal policies, namely through penal channels (criminal law) and through non-penal channels (not / outside of criminal law).
ANALISIS YURIDIS ANAK SEBAGAI PELAKU TINDAK PIDANA PERJUDIAN ONLINE (STUDI KASUS DI WILAYAH HUKUM POLRESTABES MEDAN) Tevin, Dini Rizki
Jurnal Perspektif Hukum Vol. 4 No. 2 (2023): Desember 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i2.916

Abstract

Gambling conducted online on the internet is regulated in Article 27 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 or hereinafter referred to as the Electronic Information and Transaction Law. The threat to this offense is regulated in Article 45 paragraph (2) of the Electronic Information and Transaction Law. The formulation of the problem in this thesis is how the form of law enforcement by the Medan police station against children as online gambling offenders, what are the factors that cause children to commit online gambling crimes in the Medan police jurisdiction, how are the efforts of the Medan police station in tackling children as online gambling offenders. The writing of this thesis uses empirical legal research methods, commonly referred to as field research or field research, which is a type of research oriented towards collecting empirical data in the field, and analyzed qualitatively. The conclusion of the discussion is that in general, minors who are involved in criminal acts such as online gambling in the Medan Police jurisdiction are due to peer factors, environmental factors, and lack of parental supervision, the form of law enforcement by Medan Police against children as online gambling offenders is by inviting the child's parents and involving bapas, In the preparation of the Juvenile Criminal Justice System Law No. 11 of 2012 adheres to the principle of equality before the law, as well as if the perpetrator is a child, then the child must also be responsible for his actions, no exception for children who commit gambling, countermeasures against cases of children as online gambling offenders carried out by the police, namely preventive, repressive, persuasive, and curative efforts.
ANALISIS YURIDIS REKAMAN CLOSED CIRCUIT TELEVISION (CCTV) SEBAGAI ALAT BUKTI TINDAK PIDANA PENCURIAN DALAM KEADAAN YANG MEMBERATKAN (Studi Putusan Nomor 5/Pid.B/2022/PN.Mdn) Bila, Nabila Nabila
Jurnal Perspektif Hukum Vol. 4 No. 2 (2023): Desember 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v4i2.920

Abstract

Evidence in the examination process before trial has an important position in determining whether or not a defendant can be sentenced to a crime. Evidence in criminal procedural law is guided by Articles 183 and 184 of the Criminal Procedure Code. Evidence in pretrial investigations plays an important role in deciding whether or not a defendant can be punished for committing a crime. Provisions for proving criminal procedural law are regulated in Articles 183 and 184 of the Criminal Procedure Code.Thesis writing uses a normative juridical approach and is descriptive in nature and analyzed qualitatively. As time goes by, there is very rapid development of technology and information and is also supported by advances in science, giving birth to new regulations, namely Law Number 19 of 2016 concerning Information and Electronic Transactions, which regulates electronic activities, including electronic evidence. The conclusion of the discussion is that the legal position of CCTV recordings as evidence in the crime of theft with aggravation in Decision Number 5/Pid.B/2022/PN.Mdn is that CCTV footage is used as one of the supporting evidence provided by the Prosecutor's Office to reveal the crime of theft with aggravation . The position of CCTV in the judge's consideration is included in the category of evidence that provides clues and sheds light on a criminal act committed by the defendant

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