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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 75 Documents
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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
USE OF PORTRAITS IN TRADEMARKS (STUDY ON THE CASE OF THE USE OF MRS MENEER'S PORTRAIT) Fitrianda, Widiya; Sunarmi, Sunarmi; Saidin, Saidin
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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The use of portraits in trademarks creates polemics because copyright and trademarks are part of the IPR regime which have different protection concepts and objectives. This research aims to determine, examine and analyze the legal arrangements regarding the transfer of rights to the trademark "Jamu Cap Portrait Nyonya Meneer"; to find out, study and analyze the legal protection for the use of the portrait of Nyonya Meneer in the trademark “Jamu Cap Portrait Nyonya Meneer”; and to find out, study and analyze the judge's considerations in decision no. 2/Pdt.Sus-HKI/Cipta/2020/PN Niaga Smg regarding the portrait used in the trademark. The method used in this research is a normative legal research method with the approach used being a statutory approach and a case approach. The research results show that trademark rights can be transferred based on the provisions of Article 41 paragraph (1) letter f of Law no. 20 of 2016 and the transfer is permanent. Provisions regarding the use of portraits in trademarks are not clearly regulated in the 2014 UUHC and Law no. 20 of 2016. However, it can be implicitly found in Article 9 paragraph (1) and Article 12 paragraph (1) of the 2014 UUHC and in Article 21 paragraph (2) letter a of Law no. 20 of 2016. Protection of the economic rights of the portrait of Nyonya Meneer has ended, while the protection of moral rights is still valid because they are eternally attached to their creator. Protection for the portrait of Madame Meneer was given to the photographer. The Panel of Judges decided that the Plaintiff's claim was error in persona, but what was meant was the photographer who was the creator or copyright holder of the portrait which was never mentioned in this case
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
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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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
LEGAL CONSEQUENCES OF REDUCED INDEPENDENCE OF SUBSIDIARIES BY PARENT CONTROL IN HOLDING COMPANY (STUDY ON PLANTATION SOE HOLDING) Sebayang, Supriyadi
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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PT Perkebunan Nusantara III (Persero) is the holding company for PT Perkebunan Nusantara I, II, IV to XIV in the Perkebunan BUMN Holding structure. In order to accelerate the operations of the Plantation BUMN Holding, the parent company exercises control by issuing a set of policy norms to be applied to subsidiaries. However, in practice, apart from issuing policy provisions, the parent company is also directly involved in the operations of the subsidiary down to the most technical matters, so that the subsidiary as a separate legal entity that is separate from its owner (Shareholders) has lost its independence in managing the operations of the subsidiary as it should be. implemented by the Subsidiary's Directors. The most crucial problem that arises in this research is whether the legal consequences for the parent company's control cause the subsidiary to lose its independence. The theories used in this research are the theory of Corporate Legal Entity and Piercing the Corporate Veil. The results of this research conclude that juridically, the legal status of the parent company and subsidiary companies is that they are independent legal entities and each has the right to carry out its own legal actions. However, in business reality it cannot be denied that subsidiary operations are completely under the control of the parent holding company. In this case the subsidiary has become the alter ego for the Shareholders (PTPN III). Thus referring to the doctrine of piercing the corporate veil, Shareholders (PTPN III) have the potential to be held responsible for personal assets (PTPN III) if losses occur to the company and third parties
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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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
CORPORATE CRIMINAL LIABILITY IN FINANCIAL CRIME CASES (CASE STUDY PT GARUDA INDONESIA (PERSERO) Tbk) Madjid, Muhammad Nauval; Sitompul, M Nasir
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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The purpose of this research is to determine the roles and responsibilities of company management regarding financial crimes committed by their subordinates. To find out the challenges faced in enforcing corporate criminal liability in financial crime cases. To find out cooperation between law enforcement officials in handling financial crime cases. The nature of the research used is descriptive analysis leading to normative juridical legal research. The data sources obtained in this research come from secondary data, secondary data in the research comes from revelation data, primary legal materials, secondary legal materials, tertiary legal materials. Data collection tools in legal research usually use document studies. Based on research results, forms of financial crimes committed by corporations are Defrauding the Public (deceiving the public), Conspiracy in fixing prices, advertising products in a misleading way (misrepresentation of products), Defrauding the Government (deceiving the government), Transfer Pricing, Under Invoicing, Over Invoicing. The mode of financial crimes committed by PT. Garuda Indonesia Tbk, manipulated financial reports by recording sales transaction reports as compensation income for the rights to install connectivity and entertainment service equipment on board aircraft. In the end, Garuda Indonesia's financial report recorded a net profit. Criminal liability for financial crimes committed by PT. Garuda Indonesia Tbk was In the end, the Indonesian Stock Exchange (BEI) gave a written warning III and imposed a fine of IDR 250 million on Garuda Indonesia, as well as demanding the company to correct and present financial reports. Not only that, the Financial Services Authority (OJK) imposed a fine of IDR 100 million each on Garuda Indonesia and all members of the board of directors. OJK also requires companies to correct and restate their 2018 financial reports
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
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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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
Prevention of Money Laundering Crimes through customer due diligence and enhanced due diligence in Savings and Loans Cooperatives (Study of Savings and Loans Cooperatives in Medan) Sunarmi, Sunarmi; Marlina, Marlina; Sukarja, Detania; Hasibuan, Rahmat Anshar
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Money Laundering Crimes are carried out by various Financial Services Companies. Article 17 of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering states that the companies involved in TPPU, one of the service provider companies in Article 17 is a cooperative that carries out savings and loan activities. The problems in this research are how to regulate the prevention of money laundering crimes through savings and loan cooperatives, what is the accountability of savings and loan cooperatives involved in money laundering crimes, then how is the implementation of the principles of customer due diligence and enhanced due diligence in preventing and eradicating money laundering crimes in saving and loan cooperative. This research uses normative and empirical legal research methods. The research approach is a statutory approach or a juridical approach, the material in this thesis is taken from secondary data. The data collection techniques that the researcher carried out were interviews and literature studies. The results of the analysis and research in this thesis are to analyze and find out all the arrangements for preventing money laundering crimes through savings and loan cooperatives, to analyze the accountability of savings and loan cooperatives involved in money laundering crimes, so that they know and analyze the implementation of the principles of customer due diligence and enhanced due diligence. diligence in savings and loan cooperatives. Arrangements for TPPU Prevention through KSP through Article 18 of the PPTPPU Law, Article 13 POJK No 12/POJK.01/2017, regulations of the Minister of Cooperatives and Small and Medium Enterprises as regulated in Article 8 of the Minister of Cooperatives and SMEs Regulation, KSP responsibilities involved in TPPU will be given administrative sanctions, The punishment that can be used on cooperatives is the basic penalty and additional criminal penalties. Implementing the principles of customer due diligence and enhanced due diligence in KSP has been implemented in Savings and Loans Cooperatives by prioritizing assessments of customers who wish to apply for loans or deposit money

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