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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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CRIMINOLOGICAL STUDY OF TAX CORRUPTION PERSONS Rahman Pakpahan, Vicky Aulia; Simatupang, Nursariani
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

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
JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF TICKET FINE SANCTIONS IN ELECTRONIC TRAFFIC LAW ENFORCEMENT (E-TLE) AGAINST TRAFFIC VIOLators ACCORDING TO THE LAW LAW NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORT (IN THE JURISDICTION REGIONAL POLICE OF NORTH SUMATRA) Rosy, Deuis Rina
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

Electronic Trafficking Law Enforcement (ETLE) is an electronic system for monitoring traffic law enforcement which takes the form of ETLE Implementation itself, generally designed with the provisions of Law Number 22 of 2009 regarding Lailu Liintais and Aingkutain Jailain, including other enforcement agencies ETLE reaches the limit with this goal but still no success effective. Maikai dairii is necessary to research regarding the maisailaihain. This thesis is entitled "Ainailiisiis Yuriidiis Pelaiksainaiain Sainksii Dendai Tiilaing paidai Electronic Traiffiic Laiw Enforcement (ETLE) terhaidaip Pelainggaair Lailu Liintais According to Undaing-Undaing Number 22 Taihun 2009 regarding Lailu Liintais dain Aingkutain Jailain (in the Law of Diitlaintais Poldai Sumai terai Utairai)”. The method used in writing this thesis is the empiric jurisprudence research method, namely the method that focuses on the working of the laws of Maisyairaikait. The writing of this research was obtained from the source of the study, namely the study of research using the online questionnaire method which was given to the public and supported by regulations and legal matters relating to the writing of this research. The ainailiisai daitai method which is used in the ainailiais method which is obtained from the haisiil waiwaincairai using the Diitlaintais Poldai Sumaiterai Utairai method. The results of the research found that the results of ETLE's achievements to this extent have not yet been effective in terms of the results of the implementation, both internal and external, some of the results that have occurred, namely sairainai and praisairainai factors, government factors aihaimain source daiyai mainusiiai dailaim hail inii piihaik poliisiiain, faiktor cuaicai dain faiktor maisyairaikait. These haimbaitains are limited because the government has not yet achieved synergy and governmental powers, and the police have not yet achieved success. Apart from that, there are other solutions that can be differentiated into other non-compliance solutions
ANALYSIS OF CRIMINAL ACTIONS THROUGH TERRORISM FUNDING CHARITY BOX MONEY REVIEWED BY LAW NUMBER 9 OF 2013 CONCERNING PREVENTION AND ERADICATION OF CRIMINAL ACTS TERRORISM FUNDING Sitompul, Siti Nur Chadijah
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

Criminal acts of terrorism are acts that involve elements of violence or cause dangerous effects on human life that violate the criminal law. The criminal act of financing terrorism in Indonesia is an integral part of the criminal act of terrorism. This is because the criminal act of financing terrorism is regulated simultaneously with the criminal act of terrorism in Government Regulation in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism as amended into Law based on Law No. 15 of 2003. Normative Juridical Research Method, with a statutory approach, which is descriptive analytical in nature. Data collection techniques and tools were carried out using literature studies and field studies. Data sources are primary data and secondary data with qualitative data analysis. The mode of financing terrorism through foundations is dominant and has the potential for high risk because the source of the funds generally comes from legal activities, for example donations/contributions from the community from work. other factors that motivate someone to join a terrorist network. This motivation is caused by several factors. First, domestic factors, namely domestic conditions such as poverty, injustice or feeling disappointed with the government. Second, international factors, namely the influence of the foreign environment which provides the impetus for the growth of religious sentiments such as global injustice, arrogant foreign policy, and modern imperialism of superpower countries. Third, cultural factors are closely related to shallow religious understanding and narrow and lexical (literal) interpretation of holy books. three factors that encourage the emergence of a soft approach. Legal responsibility is interpreted as an obligation to carry out certain things or conduct behavior based on certain methods that do not violate previously existing rules. Legal responsibility can also be defined as the consequences of a criminal event that the legal subject commits, in this way criminal responsibility for the perpetrator of the funding for terrorist activities is to carry out the role of the consequences of the criminal act that the legal subject commits, which means that the consequences of his actions are in line with the rules. existing and applicable laws in the State of Indonesia
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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Abstract

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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Abstract

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
Application of Technological Innovation in the Agricultural Sector to Promote Food in Indonesia JA, Sudarma
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

The main problems faced in agricultural development are low productivity on a micro scale, total production on a macro scale, and the welfare of agricultural business actors themselves. In the short term, agricultural development aims to increase growth, but in the long term, the aim of agricultural development aims to provide price stability for business actors. In general, the direction of agricultural policy is to provide certainty for business continuity, both in the short and long term. The study was carried out using secondary data which was analyzed qualitatively using the Desk Research Method. The literature materials used in writing this research are several references originating from the results of research, studies and reviews of several papers which are then summarized into a work of scientific writing. That the type of agricultural technology innovation developed or implemented by farmers depends on the agrosystem conditions of the local area. There is a relationship between the application or adoption of agricultural technology innovation and the level of resilience of farming households. Farmers who more intensively implement technological innovation based on innovative agricultural business systems have a better level of food security compared to farmers who do not implement technological innovation based on innovative agricultural business systems
Law enforcement against criminal acts Transfer of fiduciary guarantee objects Without permission of the fiduciary recipient Simare Mare, Chandra P; Sidauruk, Jinner
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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The purpose of this writing is to find out how the law is enforced against the criminal act of Transferring Fiduciary Security Objects Without the Permission of the Fiduciary Recipient based on Law Number 42 of 1999 concerning Fiduciary Guarantees. By using qualitative research methods, it is concluded that this paper aims to determine the rights of fiduciary recipients regarding fiduciary collateral objects and law enforcement against perpetrators of criminal acts of transferring fiduciary collateral objects without the fiduciary recipient's permission based on Law Number 42 of 1999 concerning Fiduciary Guarantees. Fiduciary is the transfer of ownership rights to an object based on trust. However, in practice, problems are often encountered when transferring collateral without the approval of the fiduciary or creditor, causing the creditor to suffer losses. Transferring the object of a fiduciary guarantee is a criminal act regulated in the applicable legal basis, namely Article 23 paragraph (2) and Article 36 of Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantees. The criminal sanctions given are a maximum imprisonment of 2 (two) years and a maximum fine of Rp. 50,000,000 (Fifty Million Rupiah)
Legal Efforts To Prevent And Eradicate Land Mafia Permatasari, Meta
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Land mafias from time to time always study the actions they take to avoid land disputes with conflicts that in reality always violate the law. One of the things they apply is that the action must be carried out by a group of people in a structured, scheduled and carried out with great care. Land mafias also study how to trick victims who will be their targets later. The position of the Anti-Land Mafia Task Force based on the Technical Instructions of the Directorate General for Handling Agrarian Problems and Utilization of Space and Land Number: 01/JUKNIS/DJ-VII/2018 concerning the Prevention and Eradication of Land Mafia, its position is at 2 (two) different levels, namely first, the ministerial level which is appointed and determined based on the decision of the Minister of ATR/BPN and second, the regional office level, which is determined and appointed based on the decision of the Head of the Provincial BPN Regional Office. The Anti-Land Mafia Task Force only plays a role in implementing research, collection, study and analysis of land case data that are suspected of involving land mafia and can only coordinate it with other agencies and delegate the results of handling land cases that are suspected of involving land mafia to the police
Business Dispute Resolution Through Arbitration Legal Remedies Sarjono, Andrie Gusti Ari
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Business activities always allow for a dispute (dispute/difference) between the parties involved. As a result of the dispute, the parties always want a quick resolution and settlement. Delays in resolving trade disputes will result in inefficient economic development, decreased productivity, and conversely increased production costs. This not only hinders the improvement of workers' welfare and progress, but also harms consumers. Arbitration is a very simple and informal method of dispute resolution, which is essentially private. The simplicity of Arbitration is reflected in its process: the disputing parties agree to submit their dispute to a person who is recognized by both parties as having expertise and wisdom, this person is called the Arbitrator. The Arbitrator listens to arguments from both parties, considers the facts and arguments presented, and ultimately renders a decision. In essence, the purpose of the parties in resolving disputes through Arbitration is to find a solution that is beneficial to all parties, maintain the confidentiality of their dispute, and achieve a resolution that is fast, efficient, and does not take a long time. The parties who resolve this dispute usually have expertise in their fields and their integrity has been tested, and they maintain neutrality
Protection Of Trade Unions Based On Positive Law In Indonesia Sihombing, Daulat
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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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

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