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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 17 Documents
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Search results for , issue "Vol 2, No 2: Juli - Desember" : 17 Documents clear
APPLICATION OF THE LAW AGAINST VIGILANTES (EIGENRICHTING) WHICH RESULTED IN DEATH (Decision Study No: 2526/pid.B/2022/PN.Mdn) Hasibuan, Mhd Dandi Parliansyah
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Vigilantism (Eigenrichting) is the act of individuals or groups taking the law into their own hands through violence outside of the legitimate legal process. This practice is often fuelled by disillusionment with the justice system, anger, or a desire for revenge, but leads to human rights violations and severe legal consequences. Therefore, vigilantism must be condemned and resisted. Law enforcement must be conducted through a legitimate and fair process, and everyone must respect the law. This research evaluates the phenomenon of vigilantism in Indonesia. The research conducted is normative legal research with a Normative Juridical approach that uses descriptive analysis with data obtained in the form of data sourced from Islamic law and secondary data supported by tertiary legal materials.The results showed that the regulation of criminal offences in the form of vigilantism according to the Criminal Code is regulated in Article 170, Article 351, Article 406, Article 338 and in the verdict of the act as regulated and punishable in verdict Number 2526/Pid. B/2022/PN.Mdn the perpetrator of the vigilante action was charged with Article 170 paragraph (2) book 3. The qualification of the offence of vigilantism (eigenrichting) that resulted in fatalities in criminal law is that the defendant's actions have fulfilled all the elements of the indictment in Article 170 of the Criminal Code paragraph (2) book 3 so that the panel of judges sentenced the defendant to 10 (ten) years imprisonment. Although the verdict was based on the fulfilment of the elements of the indictment, research states that law enforcement against vigilantism has not yet reflected its effectiveness. In this context, a legal process that is more in line with justice and legal certainty for victims is needed. The research method used is Normative Juridical with secondary data and legal expert interviews. The findings highlight the importance of effective law enforcement against vigilantism that fulfils the elements of Article 170 or 351 of the Criminal Code in order to achieve justice for the defendant as well as the victim
RESPONSES AGAINST POLICE MEMBERS WHO COMMIT NARCOTICS ABUSE (Study at Padangsidimpuan Police) Dalimunthe, Abdul Rahman; Simatupang, Nursariani
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Indonesia is on the highest list of countries targeted for the distribution of illegal narcotic drugs. In several cases there are police officers who abuse their authority as law enforcement officers and are involved in the abuse of narcotics and psychotropic substances, especially storing evidence for buying and selling and using it. The purpose of this research is to find out the modus operandi of police officers who abuse narcotics, to find out the factors that cause narcotics abuse by police officers, and to find out efforts to deal with police officers who abuse narcotics. This research is empirical juridical research. The research data sources are data originating from Islamic Law, primary data and secondary data. Data collection tools in this research are interviews and documentation studies. Based on the research results, it can be understood that the modus operandi of police officers who abuse narcotics is to embezzle evidence by keeping the narcotics found and reselling them. Apart from that, there are also those for personal use. Factors that cause narcotics abuse by police officers are environmental factors, economic factors, family factors, psychological and mental factors, weak faith factors, and weak supervision from leaders/superiors. Apart from that, it is also for fun and increasing stamina. Efforts to deal with police officers who abuse narcotics include preemptive efforts by providing education about the dangers and impacts of narcotics abuse, preventive efforts by carrying out urine tests, spiritual and mental development, and close supervision. And repressive efforts by conducting assessments or rehabilitation of police officers involved in narcotics abuse and providing disciplinary guidance so that they do not repeat their actions again by making an integrity pact
CRIMINAL STUDY ON ERADICATION OF LAND MAFIA IN NORTH SUMATRA PROVINCE Hermanto, Dimas; Ramadhani, Rahmat
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

The land mafia is a nefarious alliance practice that flourishes due to low public scrutiny and lack of law enforcement. Modus the land mafia's modus operandi includes conspiring with the agency that issues the title deeds, fabricating cases, and pretending to conduct sale and purchase transactions. Evidence of rights, fabricating cases, and pretending to conduct sale and purchase transactions. The Constitution of the Republic of Indonesia at the beginning of the formation of the country's foundation has been regulated regarding land, this can be seen in the provisions of Article 33 paragraph (3) of the 1945 Constitution which has 1945 which has rescued the state that everything related to land as part of the earth, water to land as part of the earth, water and natural resources contained therein in Indonesia must and contained therein in Indonesia must and must be managed and utilized for the greatest prosperity.utilized for the greatest prosperity of the Indonesian people. The research used is a type of empirical legal research or called field research, namely examining the applicable legal provisions and what happens in reality in society. What happens in reality in society in this study approach used in solving the problem is to use statute approach. The results showed that in handling land mafia cases, The National Land Agency expressly established the Technical Guidelines for the Prevention of Land Mafia Eradication Number: 01/JUKNIS/D.VII/2018 on the Prevention and Eradication of the Land Mafia. In the implementation point based on the technical guidelines, the prevention of land mafia is carried out by the establishment of a Task Force for the Prevention and Eradication of the Land Mafia, both at the Ministry level, Regional Office level and Land Office level, and socialization of land mafia prevention and eradication and socialization
AUTHORITY OF THE ELECTION SUPERVISORY BODY REGARDING CAMPAIGN PRODUCTS (Based on Bawaslu Regulation number 20 of 2018 concerning prevention of violations and disputes general election process) Andri, Alvi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

In every election held in Indonesia, even though it is held once every five years, it has legal instruments in the form of statutory regulations as regulations, and the rules of the game in the election are known to each contestant participating in the Pemuli, but there are still types and forms. violations committed by them and the winning success team who supported the election participant candidates. One of the types and forms of election violations in question is the use and placement of campaign props (APK) which are media tools for introducing candidates with their vision and mission and the programs they offer if they are elected and occupy their positions as legislative representatives of the people and/or heads of regions or even as President and Vice President. To overcome this, it is hoped that Bawaslu together with the KPU and Regional Government and related legal apparatus will be able to overcome and take action against all matters related to election violations, especially the use and placement of Campaign Display Equipment (APK) itself. 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. The results of the research and discussion in this study showed that the frequent types and forms of violations in the implementation of the use and placement of Campaign Props (APK) caused by Election participants were not due to a lack of socialization by Bawaslu and the KPU regarding the rules for the use and placement of Campaign Props (APK). . However, it is more about the arrogance possessed by each participant who took part in the election contestation. The impact of APKs installed haphazardly is not only on the aesthetic value for the environment, but can also have implications for the imposition of administrative and criminal election sanctions, which can lead to the disqualification of election participants themselves
Effectiveness of Using Indonesian in Writing Scientific Papers Pertiwi, Tri
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

In writing scientific papers, the language used must be scientific language. This means that the language is in accordance with the applicable rules of writing language. This is to reduce differences in perception between the writer and the reader which will cause miscommunication between the writer and the reader. Based on the discussion of the effectiveness of sentences in scientific papers, it can be concluded that writers of scientific papers pay less attention to the effectiveness of the sentences used. This is evidenced by the many ineffective sentences found in scientific papers produced by students and lecturers. This ineffectiveness is caused by sentences that are not commensurate, not parallel, not economical, not careful, and not logical because they are not careful in using words
JURIDICAL ANALYSIS OF DEPOSIT GUARANTEE AGENCIES FOR BANKING COMPANIES LIQUIDATED Utami, Nisri Atul
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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A bank is a financial institution that withdraws funds from the public which are then managed by the bank for other business needs and channeled back to the community in the form of loans. And not only that, in the current era banks have become financial institutions in the flow of payments, fees and levies related to the needs of the community related to their business with other people and/or with certain institutions. So with this very complex governance, banks must be able and trustworthy by the public to carry out their mandate with integrity and credibility. A person who saves funds and/or uses banking services in every business activity at a bank is due to the public's trust as customers in that bank who are believed to be able to play a role and help with banking problems as part of their life needs with the availability of various banking facilities at a bank. This research was conducted using a normative juridical approach. This research 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 title and problem formulation. This research also takes an approach using the statutory regulatory approach method, namely by reviewing statutory regulations related to the title and formulation of the problem used as discussion in this research. The results of the research and discussion in this study found that in carrying out the business operations of a bank, it really depends on the financial situation and conditions of the bank itself as a bank's resilience and strength in facing challenges and obstacles both globally and domestically. This can be seen from the global recession that occurred which resulted in a monetary crisis in Indonesia. Many banking institutions at that time were affected and experienced shocks in their business operations, went bankrupt, went bankrupt and were ultimately liquidated. This is the background to the establishment of the Deposit Insurance Corporation (LPS), which was initiated by the government to help banking institutions and protect their customers. With the provisions of the law and mechanisms that have been established. This is done by the government so that people continue to trust banks in managing public finances
Analysis of Factors Affecting Operational Performance of Logistics Companies in Indonesia Ilmi, Bahrul; Sabitah, Sabitah
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Companies are always required to have good performance. Performance in English is also called job performance or actual performance, which is the level of success of the company in achieving its goals. The study focused on shipping, receiving, storing, and transportation activities in logistics activities. The instrument used in this study was a questionnaire. This questionnaire was distributed to 37 logistics service companies as a unit of analysis. Data processing consisted of reliability testing using the Cronbach's alpha method, and validity testing using the analysis corrected item total correlations method. Furthermore, factor analysis was carried out using exploratory factor analysis (EFA). The results of the study showed that there were 4 groups of business process factors and 5 groups of SCM factors. The groups that emerged were the result of factor reduction carried out
CRIMINOLOGICAL STUDY OF TAX CORRUPTION PERSONS Rahman Pakpahan, Vicky Aulia; Simatupang, Nursariani
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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The problem of corruption in Indonesia is quite worrying, especially the tax evasion that occurred at the Aceh Singkil bank by using their position to carry out their acts of corruption. Formulation of the problem: what is the mode of tax corruption, the factors that cause corruption, overcoming perpetrators of tax corruption. The research method used is a normative juridical research type with primary, secondary and tertiary legal materials with descriptive analytical research characteristics. This research uses data collection techniques using library research. Based on the results of the research, the modus operandi in the corruption case at Bank Aceh Singkil was that an employee named Joly Rusli committed a criminal act of tax corruption during the 2017-2020 period by borrowing his friend's ID card, making it appear as if he was making a deposit to the bank but actually diverting the money to an account. personal. As a result, the state suffered a loss of 1.4 billion rupiah. Joly Rusli was charged with Article 2 and Article 3 concerning criminal acts of corruption. The causal factor in this case, an employee of Bank Aceh Syariah Aceh Singkil Branch, is suspected of corrupting regional tax funds amounting to IDR 1.4 billion for personal gain, showing a big drive to increase personal wealth as the main motive. This greedy and greedy nature is one of the triggering factors for corruption that originates from within and weak morals and weak internal supervision of Aceh sharia banks can lead to corruption carried out by Jolly Rusly. Efforts to overcome tax corruption include refunding funds: perpetrators who are proven guilty are usually required to return the funds they have corrupted or avoided paying. and weak internal supervision and tightening supervision on banks so that the same incident will not happen again. And the perpetrator has been dismissed by the competent authority in this case, namely the Aceh Singkil regional tax office
CRIMINAL LEGAL POLICY ON SEXUAL VIOLENCE AND LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE (Study of Medan District Court Decision Number 1170/Pid.Sus/2018/PN/Mdn and Medan District Court Decision Number 1853/Pid.B/2019/PN.Mdn) Susila, Ayu Hutami; Ablisar, Madiasa; Yunara, Edi; Bariah, Chairul
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Sexual violence in Indonesia is an increasingly urgent case, with 431,471 cases recorded in 2020, including 3,602 cases in the public domain. Sexual violence is defined as a physical or non-physical sexual act by someone who has power over the victim, without the victim's consent. Its forms include harassment, exploitation, forced contraception, abortion, rape, marriage, prostitution, slavery, and sexual torture. This thesis discusses the legal formulation of the crime of sexual violence, legal protection for victims, and an analysis of the Medan District Court's decision regarding cases of sexual violence. Using normative legal research methods, this study examines existing regulations, including the Criminal Code, Law No. 23/2004 concerning Domestic Violence, the Bill on the Elimination of Sexual Violence, Law No. 39/1999 concerning Human Rights, the Universal Declaration of Human Rights, and Law No. 13/2006 concerning Protection of Witnesses and Victims, which regulate criminal acts and protection of victims of sexual violence.
LEGAL PROTECTION OF BUYERS IN GOOD FAITH IN ONLINE AUCTIONS (Study at the Medan City KPKNL Office) Cahya, Violin Dwi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Online auction is a method of selling goods that is open to the public by offering written and/or verbal prices which increase or decrease to reach the highest price, which is preceded by an online auction announcement. Selling in public is by inviting people or having previously been informed about an auction being held online and then giving these people the opportunity to auction or buy to bid on the price, agree on the price and register the price. The problem formulation in this thesis is: How is the validity of online auctions in accordance with applicable regulatory provisions; What is the comparison between online and non-online (direct) auctions at the Medan City KPKNL; Legal protection for the rights of online auction buyers who have good intentions but cannot obtain the auctioned goods at the Medan City KPKNL. This research method uses empirical juridical research with a case approach, data obtained from Islamic Law data, primary data and secondary data. Then, the data is processed using qualitative analysis. The research results found that online auctions are legally regulated in accordance with Article 64 paragraph (2) of Minister of Finance Regulation Number 213/PMK.06/2020 which allows auction bidding via electronic mail, post or internet without the physical presence of participants. A comparison between online and live auctions shows that online auctions offer digital security, openness, broad access, and process efficiency, while live auctions maintain traditional processes with higher physical security risks and access limitations. Legal protection for online auction buyers who have good intentions but do not receive the goods from the auction at the Medan City KPKNL involves the possibility of demanding fulfillment of the agreement, with the help of consumer protection institutions or through court in accordance with applicable regulations. It is important for buyers to understand the rules that apply in that place to get appropriate assistance

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