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Ismail Koto
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Sumatera utara
INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 19 Documents
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Search results for , issue "Vol 1, No 1: Juli - Desember" : 19 Documents clear
Legal Protection of Consumers in Buying and Selling Dropshipping In The Perspective Of Islamic Law And Laws and Regulation Koto, Ismail
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

This research is a descriptive analysis with a comparative law approach. This type of research is normative juridical. The data sources of this research are revelatory data sources and secondary legal sources. The data collection tool for this research is document study. To analyze the data obtained, qualitative data analysis was used. Based on this research, it is implemented that the concept of a dropshipping trading system both in Islam and the existing laws in Indonesia is not much different, it's just that what distinguishes dropshipping in Islamic law in buying and selling makes an agreement called a contract or an agreement regarding the product that is traded. disagreements with the form of supervision of the regulatory-law which is not only supervised by the government but also supervised by parties who have worked together to oversee dropshipping trading activities
The Authority of the Supervisory Board in Realizing the Principles of Good Corporate Governance Judging from the Law Number 21 of 2008 concerning Islamic Banking Asmadi, Erwin
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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This research is a type of normative research that uses secondary data sources and analyzes data with qualitative analysis methods in the form of sentence descriptions that are easily understood by readers. Based on the results of the research that the Sharia Supervisory Board is usually placed at the level of the Board of Commissioners in each bank. This is to ensure the effectiveness of any opinion given by the Sharia Supervisory Board. Therefore, the determination of the members of the Sharia Supervisory Board is usually carried out by the General Meeting of Shareholders (GMS), after the members of the Sharia Supervisory Board have received a recommendation from the National Sharia Council. Whereas the authority of the Sharia Supervisory Board is to ensure and supervise the conformity of bank operational activities to fatwas issued by DSN, to assess sharia aspects of operational guidelines, and products issued by banks. That the role of the Sharia Supervisory Board is very important to carry out the principles of good corporate governance because those who deal with an Islamic bank need guarantees that the bank conducts transactions in accordance with Islamic law
Criminology Review of the Crime of Child Trafficking for the Purpose of Prostitution Simatupang, Rajarif Syah akbar
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Based on the results of the study, it was stated that the causes of the crime of trafficking in children for the purpose of prostitution were poverty (economic) factors and non-existent or inadequate employment opportunities. Legal protection for child victims of child trafficking for the purpose of prostitution can be done in various ways, including through rehabilitation efforts, efforts to protect from identity reporting through mass media and to avoid labeling, providing safety guarantees, receiving assistance or advocacy during the case process and afterward. as well as providing accessibility to obtain information on case developments. Factors affecting the legal protection of child victims of the crime of trafficking in children for the purpose of prostitution are in terms of legislation due to the weakness factor of the law itself in ensnaring perpetrators of criminal acts of trafficking in children and the threat of punishment is still relatively light. Another thing is also because there is no law that specifically regulates the problem of child trafficking, the indifference of the people themselves who tend to be ignorant in seeing the phenomenon of child trafficking, in addition there are also a small number of people who turn out to legalize their children to become prostitutes in order to help the family economy
The Position of Heirs Who Re-Converted to Islam After the Heir Died Arifin, Muhammad
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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According to Islamic law there are people who are entitled to receive inherited property under certain conditions, but there are also people who actually have the right to receive inheritance, but are hindered from obtaining inherited property due to certain factors as well. One of the factors that prevents a person from obtaining inheritance is the religious difference between the heir and the heir. It becomes a problem when there are heirs of different religions who demand to get inherited property because they have converted to Islam again and consider themselves still entitled to inherited property. Based on the results of the study, it was found that the position of heirs who converted to Islam returned after the sipewaris died and before the division of inheritance, still did not get inherited property. This is because what is a hindrance is that religious differences are taken into account when the heir dies, because the division of inheritance begins when the heir dies.
Criminal Law Protection against Female Workers for Victims of Sexual Violence Hanifah, Ida
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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This research uses the literature research method or library research method, which uses a normative legal research approach or doctrinal legal research, where the law is conceptualized as what is written by law in books with legal systematics in laws and regulations or written laws. The data sources used in this study are primary data, as well as secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. This research uses descriptive analytics, namely research that describes the state of the object or its events without the intention to draw generally accepted conclusions. Based on the analysis of the data carried out, it can be concluded that if harassment abuse has attacked the honor and good name of a worker, the Criminal Code has provided protection against women's vulnerability to the threat of physical and sexual violence that they must face, for sexual violence against female workers, each perpetrator will be sentenced to imprisonment or pay a fine, criminal threats for sexual violence must have severe sanctions or suffering inflicted on a person guilty of committing an act prohibited by criminal law. The Criminal Code as a whole has regulated the types of violence, be it rape and other sexual assaults (articles 285-291). If the perpetrator of sexual violence is a worker, then the protection has been stated in section 158 paragraph 1 of the Manpower Law
CRIMINOLOGICAL REVIEW OF THE CRIME OF MURDER OF A SAME-SEX PARTNER AGAINST THEIR PARTNER Hasbi Agusta, Muhammad Alif
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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The existence of homosexuals in Indonesia in 2008 became This is in the public spotlight due to the emergence of cases one involving gay people is a murder case This was carried out by Very Igham Hermansyah alias Ryan against Hery Santoso, motivated by jealousy towards his victim Novel, who liked his gay partner. Ryan was proven to have killed and even mutilated Hery Santoso because he felt jealous and displeased with the victim who had a crush on Novel's same-sex partner. The purpose of this research is to determine the factors that cause sexual deviant behavior, to determine the causes of murder committed by same-sex couples, and to determine the criminological study of criminal acts of murder committed by same-sex couples.The research carried out is normative legal research with a normative juridical legal approach using secondary data which processes data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it is understood that 1) The factors causing sexual deviant behavior are sexual behavior disorders, social and social factors, genetic factors, and media factors in displaying pornography. 2) The causes of murder committed by homosexual couples are divided into internal factors and external factors. 3) The criminological view of homosexual couples who commit the murder of their partners when linked to the factors causing why the couple was able to commit the murder of their partner, there are several factors, namely: the psychological factor of the perpetrator who actually experienced a mental disorder to carry out the murder, then the individual factor in the form of feeling jealousy and revenge because they feel hurt towards the victim, as well as economic factors where the perpetrator deliberately commits murder so that he can take and control all of the victim's property. This can be seen from one example of the murder case committed by Very Idam Henyansyah alias Ryan against Hery Santoso in decision Number: 1036/Pid.B/2008/PN.DPK
LEGAL STUDY OF COLLECTIVE LABOR AGREEMENTS BY COMPANIES CONDUCTING COMPANY MERGER IN IMPROVING WORKFORCE WELFARE (Study of the Merger of PT Pelabuhan Indonesia (Persero)) Salsabillah, Neifa; Abduh, Rachmad
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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The development of the Indonesian economy has also colored the pattern of Indonesian business development. This is indicated by the increasing number of companies in the trade and service sectors that carry out mergers. Where the merger of PT Pelabuhan Indonesia (Persero) or Pelindo, which is a merger of state-owned ports that officially merged on October 1, 2021. The consequences of the merger action on the welfare of the workforce in each of the previous companies must be the responsibility of the company resulting from the merger. This research method uses this type of research is a type of empirical juridical legal research using a statutory approach to the Legal Study of Collective Labor Agreements by Companies Merging Companies in Improving Labor Welfare (Study of the Merger of PT Pelabuhan Indonesia (Persero)). as for what is meant by empirical juridical legal research is research conducted by analyzing problems by combining legal materials (which are secondary data) with primary data obtained in the field. Based on the research conducted, the reason for the merger or merger of PT Pelabuhan Indonesia or Pelindo is an important step to increase the effectiveness and efficiency of national ports. Based on the agreement of the collective labor agreement between PT Pelabuhan Indonesia (Pelindo) and SPPIB 2023-2025, it was agreed to continue using the PKB from each region. The obstacles experienced by the merged company in an effort to improve the welfare of the workforce regarding employee benefits contained in PSAK24 where equalization cannot be made to all regional sub-holdings of PT Pelabuhan Indonesia (Persero) or Pelindo. The company provides legal assistance in order to improve the welfare of the workforce as a form of corporate responsibility to fulfill its obligations in the ongoing employment relationship between the company and the workforce
LEGAL PHILOSOPHY AS AN ENFORCEMENT OF MORAL AND ETHICAL CHARACTER Nasution, Iswarni; Mansar, Adi
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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A good law is one that can provide justice to the people it regulates. Because there is a close relationship between law and the social and cultural values of society, it is clear that good law is one that reflects the values that exist in society. aspects of legal life must always ensure that social morality, institutional morality and civil morality of citizens remain in harmony, balance and harmony. It is based on real societal values. Therefore, collaboration is very important for the formation and implementation of national social standards. Legal philosophy focuses on the goals of law, especially justice. But today, legal philosophy must study every fundamental problem of society that requires a solution. Legal experts, both theoretical and practical, who face social justice problems in everyday life, have produced a lot of legal philosophy. All of these advances show that legal philosophy plays a major role in building the paradigm of legal science, including the authority of the judiciary.
LEGAL EFFORTS FOR REVIEW BY THE PUBLIC PROSECUTION OF THE VERDICT DEATH CRIME BECOMES LIFETIME Fachri, Irfan
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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A cassation decision is a decision that has permanent legal force, therefore if they are still dissatisfied with the cassation decision, the parties can submit legal action for judicial review to the Supreme Court through the district court clerk. A request for review is submitted not only for dissatisfaction with the cassation decision, but also for all court decisions that have obtained permanent legal force, in the sense that district court decisions that are not appealed can be submitted for review, and high court decisions that are not appealed can be requested for review. return. However, legal action for judicial review can only be submitted once. Therefore, if you still want to take legal action, this is closed. When applying for a review, the applicant for review must have new evidence that has never been presented before, and if it was presented at a previous hearing, the decision would be different, or have evidence that the judge made a mistake in applying the law. This type of research uses a normative juridical approach and uses qualitative analysis techniques which are then explained and analyzed using descriptive analytical methods. The type of approach used in writing this thesis is a library research approach, namely by studying books and documents related to the topic of the article and also using a statutory regulatory approach, namely by reviewing existing statutory regulations. related to the topic discussed in this research. A request for reconsideration does not suspend or stop the implementation of a court decision. As long as there is no decision, the request for reconsideration, which can only be submitted once, can be withdrawn. The Supreme Court of the Republic of Indonesia decided the request for judicial review at the first and final levels. This confirms that the application for review is only submitted once, and there is a term known as 'no review above review'. This ambiguity in the judicial review occurs due to the provisions in the Prosecutor's Law which state that the Prosecutor also has the right to submit a PK, in order to overcome the public's sense of justice towards the law. Meanwhile, according to the Judicial Power Law itself, prosecutors do not have the right to carry out PK. The right to submit a PK only rests with the Defendant, his Family and/or Heirs. Related to this research, the proposed PK is related to the change of the death penalty to life imprisonment by the judge as a result of the trial process at the Supreme Court
Legal Study of Employment Agreements Made by Companies with Workers in View of Legislation (Study at PT. Bina Artha Sei Rampah) Randu, Zaura; Abduh, Rachmad
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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The holding of a work agreement is an implementation of statutory regulations. By making a work agreement, it is intended as a reference in regulating industrial relations between employees and PT Bina Artha Ventura (Bina Artha) is a Venture Capital Company that is growing rapidly and has been actively involved in the microfinance sector in Indonesia since December 2011. So that the mission of PT Bina Artha, namely, provides easy and innovative access for Indonesian families. PT Bina Artha was able to form and develop thanks to the contribution of employees who work with high ethical standards and work enthusiasm and in accordance with the partner segments served by PT Bina Artha. The research method used in this thesis is an empirical juridical type with a statutory approach and is descriptive. Data sources involve revealed and primary data, collected through interviews, data collection, and documentation or literature studies. The analysis used is qualitative analysis. The aim of this research is to understand the form of work agreement at PT Bina Artha, assess the implementation of work agreements based on statutory regulations, and identify factors inhibiting work agreements at PT Bina Artha Sei Rampah. The results of this research are that the form of employment agreement at PT Bina Artha according to law is written. workers at PT. Bina Artha is part of the scope of work agreements in statutory regulations. PT Bina Artha's work agreement only carries out a written work agreement for an indefinite period of time (PKWTT). Implementation of work agreements at PT. Bina Artha viewed from the statutory regulations Law Number 13 of 2003 concerning Employment and Law Number 6 of 2023 concerning Job Copyright, the work agreement that has been agreed between the company and employees is a company regulation which contains all work rules, hours. work, wages, and the rights and obligations of workers or companies. This is in accordance with the principles in the Law. The inhibiting factor for employment agreements at PT Bina Artha is that the Holiday Allowance (THR) received by workers from the company does not comply with the contents of the employment agreement

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