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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 75 Documents
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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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Abstract

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.
Effectiveness of Using Indonesian in Writing Scientific Papers Pertiwi, Tri
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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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
CRIMINAL ACT OF MISUSE OF ELECTRONIC MONEY WHICH HAMS CUSTOMERS (CASE STUDY OF MEDAN FINANCIAL SERVICES AUTHORITY) Zikirullah, Affan
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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In the last few years, many customers have been harmed by the actions of irresponsible people. People often take advantage of technological developments to take advantage of technology itself as a weapon (cybercrime). This type of crime then developed and became generally known as "skimming", "cracking", "carding", and "malware". The aim of this research is: To find out about criminal acts of misuse of electronic money. To Find Out Criminal Liability for Misuse of Electronic Money. To Know and Analyze Legal Protection for Bank Customers who lose deposit funds at Automated Teller Machines (ATMs). This research was conducted using normative juridical legal research (normative legal research method). The normative juridical research method is library legal research which is carried out by examining library materials or secondary data alone. Based on the research results, it is understood that the regulation of criminal sanctions for criminal acts of account burglary via ATM in the Criminal Code for theft is contained in Articles 362-365, in Law Number. 11 of 2008 concerning Information and Electronic Transactions (ITE). The criminal liability of perpetrators of misuse of electronic money can be explained as follows. First, the criminal liability of perpetrators of misuse of electronic money in Law Number 19 of 2016 concerning Electronic Information and Transactions includes illegal access, forgery, falsification of identity, alteration or destruction of electronic data related to electronic money. In an effort to protect customer funds, the government through the Consumer Protection Law, as well as through the Banking Law, established the Deposit Insurance Corporation (LPS) and required each bank to guarantee public funds deposited in the bank concerned. Through Bank Indonesia Regulations, it has also been regulated to protect customer funds, so these regulations are used to carry out mediation in resolving banking disputes
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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Abstract

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
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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Abstract

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
THE PRINCIPLE OF GOOD FAITH IN COLLECTIVE WORKING AGREEMENTS BETWEEN EMPLOYERS AND WORKER UNIONS REVIEWED FROM AGREEMENT LAW Safrida, Safrida; Kamello, Tan; Purba, Hasim; Sembiring, Rosnidar
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

The principle of good faith is an important principle in contract law and is accepted in various legal systems, but until now the doctrine of good faith is still controversial. Good faith is known as 2 (two) phases, namely the pre-contract phase and the contract implementation phase. The pre-contract phase is called subjective good faith, which means good faith is more directed towards honesty, while good faith in the contract implementation phase is called objective good faith, which means good faith is interpreted as appropriateness and propriety or fairness. A work agreement is an agreement between a worker/laborer and an entrepreneur or employer which contains work conditions, rights and obligations for the parties. The definition of work conditions is the rights and obligations of employers and workers that have not been regulated in statutory regulations. The work agreement made must not conflict with existing labor agreements or Collective Work Agreements (KKB). This research uses a type of normative legal research sourced from secondary data related to the research topic, secondary data that has been compiled systematically and then analyzed qualitatively. From the research conducted, it was found that the position of the principle of good faith is very important not only at the contract creation (signing) stage and post-contract creation (implementation) stage, but also must exist at the pre-contract creation (drafting) stage because in contract law practice judges use their authority to interfere with the contents of the contract. The legal consequence of a collective work agreement that does not contain the principle of good faith is that if the subjective requirements relating to the subject of the PKB are incomplete, or in other words the conditions that must be fulfilled are not appropriate for those who want to make a PKB, then the PKB that has been made can be requested for cancellation by the trade union/labour union. If the cancellation is not requested by both parties concerned, then the CLA remains valid for the parties. The first legal effort was carried out by PT. United Rope with workers/labor unions is by deliberation to reach a consensus first, although in resolving disputes if there is no good faith in the collective work agreement, it is through 2 (two) systems, namely first, non-litigation/outside the industrial relations court, namely resolution by means of bipartite, mediation, conciliation and arbitration, while the second solution is litigation
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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Abstract

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
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
LEGAL PROTECTION OF HOLDERS MINORITY SHARES REVIEWED FROM ASPECT EASE OF DOING BUSINESS Priyogo, Kukuh
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Generally, minority shareholders do not have great access to immediate information about the company in which they invest their capital. The purpose of this research is to determine the legal regulations for legal protection for minority investors according to Law Number 40 of 2007 concerning Limited Liability Companies and Ease of Doing Business (EODB), forms of investment crime involving minority shareholders and legal protection for minority shareholders if their rights are violated in a civil manner. The type and research approach used is normative juridical legal research with a case study approach and descriptive research nature, which uses Islamic legal data and secondary data as well as supporting interview data to strengthen the researcher's case study. Then, the data is processed using qualitative analysis. Based on the results of the research, first, the legal regulation of legal protection for minority investors according to Law Number 40 of 2007 concerning Limited Liability Companies regulates the authority of shareholders in filing a lawsuit against the company if they are harmed. There are at least 5 (five) authorities in demanding the rights of minority shareholders. that can be done. Second, the legal factors that minority shareholders do not fulfill are that many minority shareholders do not know about their rights in a Limited Liability Company. there is consumer ignorance and asymmetric information, minority shareholders do not want to file lawsuits and there is lack of clarity in the field and orientation of implementing the protection of minority shareholder rights. Third, legal protection for minority shareholders if their rights are violated in a civil manner, namely that minority shareholders are given the opportunity to file 2 (two) types of lawsuits, namely a direct lawsuit and a derivative lawsuit
CRIMINAL LAW POLICIES IN THE USE OF MEDICAL MARIJUANA REVIEWED FROM INTERNATIONAL LAW (STUDI PUTUSAN 111/PID.SUS/2017/PN SANGGAU) Telaumbanua, Brian Christian; Mulyadi, Mahmud; Leviza, Jelly; Marlina, Marlina
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Marijuana, which is included in the class I narcotics category, has problems regarding the legality of its use in the medical field. These narcotics are often hampered by regulations, state policies and institutions authorized to supervise and distribute them. This research is aimed at analyzing national and international legal policies regarding the use of medical marijuana for health services. The aim of narcotics law policy in the crime of class I narcotics abuse against other people is for the health and legal analysis of a civil servant in Decision Number: 111/Pid.Sus/2017/PN. Sanggau. This research uses a normative juridical research method which is descriptive analytical in nature using primary, secondary and tertiary legal materials collected using library study techniques and analyzed using qualitative data analysis methods. The results of the research show that the legality of marijuana use in the medical sector does not have a definite equation due to Law Number 35 of 2009 concerning narcotics prohibiting the use of marijuana in the health sector, however Law Number 36 of 2009 concerning health provides space for recommendations and supervision and results in he was not given a permit to use marijuana in decision Number 111/Pid.sus/2017/PN. Sanggau. International legal policy in the Single Convention on Narcotic Drugs in 1961 provides opportunities for the creation of marijuana use in the medical field with clear research

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