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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
Protection Of Trade Unions Based On Positive Law In Indonesia Sihombing, Daulat
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Workers must know and understand that as individuals and workers, not much can be achieved. So that on its journey, several workers or what are commonly known as laborers form labor unions to protect their rights and reduce forms of exploitation carried out by company management. In the course of history, it has been proven that the role of labor unions in fighting for the rights of their members is very large, so that workers have felt the benefits of independent labor union organizations that are consistent in fighting for labor rights. Considering that the labor factor in this development process must be considered, therefore efforts are needed to foster, direct and protect the workforce to create welfare related to what they do. The nature contained in Article 3 of Law No. 21/2000 is emphasized that labor unions, federations and confederations of labor unions are free, open, independent, democratic, and responsible. Open means that in accepting members and or fighting for the interests of workers, labor unions, federations and confederations of labor unions do not differentiate between political affiliations, religion, ethnicity, and gender. The purpose of labor unions, federations and confederations of labor unions is to provide protection, defend the rights and interests and improve decent welfare for workers and their families. Examples of clauses that support the interests of workers are clauses that emphasize the terms of work, social security for workers, labor rights, and others
Legal Review Regarding Guidance at the Special Child Guidance Institution (LPKA) Hasibuan, Hamdi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Problems arise when density occurs in LPKA, as explained above, the era of globalization tends to have a negative impact on the younger generation, thus encouraging them to commit a crime. As a result of the rapid and rapid development of information technology, sooner or later it will renew human behavior and civilization globally, because information technology makes the world limitless. The guidance system at the Special Child Guidance Institution (LPKA) in accordance with the integration policy aims to provide holistic protection, education, and rehabilitation for children in conflict with the law. Ideally, children receive formal education equivalent to public schools as well as vocational skills training to prepare them to return to society with adequate provisions, in addition to the implementation of the Psychosocial Rehabilitation Program, this program includes individual and group counseling, therapy, and social activities aimed at improving the psychological and social conditions of children. So that children are encouraged to participate in various recreational and sports activities to develop social and physical skills and maintain their mental health. Furthermore, in order to maintain the ethics and morals of children in LPKA, Religious and Moral Guidance is important to do, this program provides religious education and moral guidance to shape the character of children so that they have a strong moral foundation. Through this integration policy, it is hoped that children can undergo guidance more effectively and can reintegrate well into society, reducing the possibility of them being involved in criminal acts again
Mechanism For Resolving Criminal Cases After A Bankruptcy Decision Adli, Muhammad
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Problems then arise when, before or after the bankruptcy declaration decision is pronounced, it turns out that the bankrupt debtor's bankrupt assets which are included in the Curator's inventory list have been confiscated by investigators in connection with alleged criminal acts committed by the bankrupt debtor, where the confiscation action carried out by the investigator is based on Article 39 Paragraph (2) of the Criminal Procedure Code which must be in accordance with the provisions of Article 39 Paragraph (1) of the Criminal Procedure Code. The provisions on general confiscation are in conflict with criminal confiscation, because Article 31 of the Bankruptcy and PKPU Laws gives priority to general bankruptcy confiscation, whereas criminal confiscation is regulated in Article 39 paragraph (2) of the Criminal Procedure Code, which also gives priority to criminal confiscation. This conflict is further strengthened by the dichotomy between public law and private law, thus giving rise to legal uncertainty and hindering the curator in carrying out his duties to settle the bankrupt's assets, which automatically harms the creditors as victims
Land Rights as Security for Materials Dewi, Inggrid Kusuma
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Article 14 paragraph (3) of the Mortgage Rights Law states "The Mortgage Rights Certificate as referred to in paragraph (2) has the same executive power as a court decision that has obtained permanent legal force and is valid as a substitute for the grosse acte Hypotheek as far as it concerns land rights". The definition of executive power can be interpreted as "the right to sell the object of the mortgage right with one's own authority which is one manifestation of the priority position held by the mortgage right holder or the first mortgage right holder in the event that there is more than one mortgage right holder. The right is based on the promise of the mortgage right grantor that if at any time the debtor defaults, the mortgage right holder has the right to sell the mortgage right object by means of a public auction
Legal Protection For Children As Victims Used As Narcotics Couriers Lubis, Pangiutan Tondi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Abstract

Law Number 35 of 2009 concerning Narcotics, explains in general about criminal sanctions for drug intermediaries (couriers) but does not specifically regulate criminal sanctions for children who become drug couriers. However, basically, perpetrators of drug trafficking involving children as drug couriers are still subject to the articles as regulated in the Narcotics Law but without ignoring the special provisions regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion can only be implemented for crimes with a prison sentence of less than 7 (seven) years. Legal treatment for minors in drug trafficking cases should receive serious attention. Law enforcers and those processing and deciding must be sure that the decisions taken will be a strong basis for returning and managing children towards a good future to develop themselves as citizens who are responsible for the life of the nation
REHABILITATION MECHANISM FOR VICTIMS OF RAPE S Hutapea, Novelina Mutiara; Gultom, Sarles; Nababan, Bramayana; Telaumbanua, Chris Jolly Gunanta; Sirait, Kevin Sturges
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

The perpetrator of rape should be burdened with the responsibility to, among other things, provide compensation (restitution), treat, and bear the costs incurred for the victim's mental or psychological recovery from the traumatic experience. If the perpetrator is unable to carry out these obligations, then the obligation becomes the responsibility of the state and society. Meanwhile, perpetrators who are unable to fulfill their obligations are burdened with substitute punishment in the form of imprisonment as a subsidiary punishment. The question is, in which law should these provisions be regulated? Because all criminal justice processes culminate in the Criminal Procedure Code, the first provision regarding the imposition of responsibility for compensation must be expressly stated in the Criminal Procedure Code. Furthermore, of course in the Criminal Code as the umbrella of national criminal law, which is then also regulated in laws that are lex specialis. The form of compensation can be submitted to the court through the LPSK by the victim of the crime of rape, their family, or their attorney, which can be in the form of material and immaterial. Material compensation in the form of restitution and compensation, and immaterial compensation can be in the form of assistance, namely psycho-social rehabilitation. In providing compensation, the priority is psycho-social rehabilitation, because restoring a person's condition cannot be done through material provision alone
DISPUTE RESOLUTION ARRANGEMENTS IN ISLAMIC BUSINESS PRACTICES Sibarani, Fauzi Anshari
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Dispute in the Indonesian Dictionary means opposition or conflict. Conflict means opposition or conflict between people, groups, or organizations against one problem object. Conflict or conflict between individuals or groups who have the same relationship or interest in an object of ownership causes legal consequences between each other. Conflict or dispute is a situation and condition when people experience factual disputes or disputes in their perceptions only. In terms of terminology, a dispute is a conflict between two or more parties that originates from differences in perception about an interest or right of choice, resulting in legal consequences for both. In a dispute, the parties can be subject to legal sanctions against one of them. In short, "dispute" is a conflict or conflict as a form of actualization of differences and also a form of conflict between two or more people. A dispute can also be interpreted as a conflict in a social interaction in society that forms an opposition between people, groups, or organizations against a problem object that has not been resolved properly.

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