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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 73 Documents
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Legal Protection Based On The Principle Of Proportion: Maintaining A Balance Of Debtor And Creditor Rights In The Execution Of Fiduciary Guarantees Simbolon, Tota Prima; Sidauruk, Jinner
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

Creditors cannot execute fiduciary guarantees independently; instead, they must file an execution request with the court until a legally binding decision is made. There is no agreement in this decision regarding the debtor's breach of contract and the debtor's willingness to surrender the fiduciary guarantee. The results of this study are as follows: there are no standards regarding the requirements that must be met in the execution auction application documents; many standards regarding execution titles equivalent to court decisions that have permanent legal force; no special category for execution auctions; fiduciary guarantees no longer pay special attention to the ease of execution; and agreement clauses mentioning the debtor's breach of promise and willingness to surrender have non-legal consequences, such as: a surge in execution applications in court; difficulty obtaining credit if the object of the fiduciary guarantee is executed; and the lengthy court execution process, which requires time and costs that can affect the trust in legal protection policies based on the principle of proportionality between the giver and receiver of the fiduciary guarantee
Legal Policy On Imposing Sanctions On Corruption Crimes In Indonesia Purnama, Chandra
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

Corruption is currently one of the many major challenges that must be faced by the Indonesian nation. To some extent, corruption not only threatens the environment, human rights, democratic institutions and basic rights and freedoms, but also hinders development and exacerbates poverty. Based on the results of the study, it is known that; The legal regulation of corruption in Indonesia is regulated in Law No. 31 of 1999 as amended by Law No. 20 of 2001. In addition to imprisonment and fines, this law also regulates additional sanctions such as revocation of political rights and confiscation of assets. Additional sanctions aim to provide a deterrent effect, but their implementation is still hampered by inconsistent law enforcement and the difficulty of returning assets. The policy of sanctions for corruption crimes in Indonesia aims to provide a deterrent effect through principal and additional penalties, such as revocation of political rights and confiscation of assets
Legal Review Regarding Guidance at the Special Child Guidance Institution (LPKA) Hasibuan, Hamdi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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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
ANALISIS PERAN INFLUENCER MATKETING DI SHOPEE DALAM MENINGKATKAN PENJUALAN PRODUK Aulia, Revalina; Alevi, Nadhilah; Fajriawati, Fajriawati
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

Perkembangan teknologi dan media sosial telah mengubah lanskap pemasaran produk. Influencer marketing telah menjadi salah satu strategi pemasaran yang semakin populer, terutama di platform ecommerce seperti Shopee. Influencer marketing melibatkan pemanfaatan influencer atau tokoh yang memiliki pengaruh besar di media sosial untuk mempromosikan produk atau merek tertentu. Penelitian ini bertujuan untuk menganalisis peran influencer marketing di Shopee dalam meningkatkan penjualan produk. Melalui pendekatan kualitatif, penelitian ini mengumpulkan data melalui wawancara mendalam dengan influencer, penjual, dan konsumen di Shopee, serta observasi terhadap kampanye influencer marketing yang dilakukan. Hasil penelitian menunjukkan bahwa influencer marketing di Shopee memiliki peran penting dalam meningkatkan kesadaran merek, kepercayaan konsumen, dan akhirnya penjualan produk. Namun, terdapat beberapa tantangan seperti kredibilitas influencer, kesesuaian antara influencer dan produk, serta persepsi konsumen terhadap endorsement yang berlebihan. Penelitian ini memberikan wawasan berharga bagi pelaku usaha dan influencer dalam merancang dan mengimplementasikan strategi influencer marketing yang efektif dan sesuai dengan etika pemasaran
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
Responsibilities Of The Board Of Directors In Management Of Regionally-Owned Enterprises Nodi, Hamzar
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

The regional government has the function and responsibility to improve people's welfare by implementing development in all fields. The source of PAD is a source of regional finance that is excavated in the relevant region, which can come from regional taxes and regional levies. So that PAD can become part of the largest source of finance for the implementation of regional autonomy. One of the important organs in a company is the board of directors. The board of directors who control the company in its daily activities has the authority to determine policies in exercising its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or take actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety
Land Bank For Land Management And Distribution For The Advancement Of Economic Development Meliala, May Susan
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

Based on the Research Results That Hermeneutic Philosophy provides a philosophical basis (ontological and epistemological) for legal science, or the philosophy of science from legal science. Because, in implementing legal science to solve a legal problem, for example in court, the interpretation activity is not only carried out on the legal text, but also on the reality that gives rise to the relevant legal problem (for example, determining relevant facts and their legal meaning). The development of legal science is based on the activity of interpreting legal texts to distill or extract legal rules that (implicitly) exist in the legal text and thereby determine the meaning and area of application. The legal product produced in this case is the formation of a land bank through Law Number 11 of 2020 concerning Job Creation with the aim of managing and distributing land in Indonesia to create comprehensive and fair economic development progress. Based on Article 125 of Law Number 11 of 2020 concerning Job Creation, the Central Government forms a land bank agency. The land bank agency as referred to in paragraph (1) is a special agency that manages land. The wealth of the land bank agency is separated state wealth. The land bank agency functions to carry out planning, acquisition, procurement, management, utilization and distribution of land. The land bank agency guarantees the availability of land in the context of a just economy for the public interest, social interests, national development interests, economic equality, land consolidation and agrarian reform
Implikasi Hukum Asuransi Pada Transaksi Bisnis Analisis Terhadap Peraturan Dan Kepatuhan Siregar, Fira Fadhila; Nakita, Nayla Aliffa; Febriyansah, M Ichsan; Fajriawati, Fajriawati
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

Along with the development of technology and information in the world, various new things appear within our daily life. One of them is the concept of buying and selling online via the internet with using e-commerce. With e-commerce, the traditional buying and selling concept brings together buyers and selling in one room has changed to the concept of long distance buying and selling or telemarketing. As is This concept, of course, both sellers and buyers will feel profitable, because of the buying and selling transactions that occur can be done 24 hours a day without being limited by certain regions. But apart from giving advantages, of course the concept of buying and selling long distance via e-commerce can also pose many risks losses, one of which is a cyber crime attack which can cause misuse of the parties' data in ecommerce resulting in losses. specifically in Indonesian laws and regulations. The research method used in writing this scientific article is method Normative legal research which aims to find a clear legal basis in placing the issues raised, in the perspective of the Commercial Code,especially those related to the issue of implementing insurance in e-commerce transactions.Based on the discussion of the research results, it is revealed that from the meaning of and restrictions on insurance in the Commercial Code, e-commerce transactions are objects that can beinsure, because all activities in e-commerce transactions can cause loss or damage to the parties involved
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
Position Of Covernote In Fulfilling The Requirements Of A Credit Agreement In Banking Cahyadi, I Kadek Hery
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Abstract

The role and function of Notary-PPAT is very important in assisting the government, especially the banking sector, or other parties who need the presence of a Notary to be able to provide certainty, order, and legal protection in legal acts that are stated in authentic deeds. In addition to authentic deeds and private letters made by Notaries, there is one type of letter that seems to be a Notary's legal product that is often requested by banks to be made and issued in order to guarantee a legal act of the interested parties, namely a statement letter used as a temporary guarantee called a covernote. The position of the covernote in fulfilling the requirements of the credit agreement in banking becomes a complement if there is a process that has not been completed on the credit guarantee, the creditor (bank) asks the Notary-PPAT to make and issue a covernote, although the covernote is not part of the process for making a deed of encumbrance of rights. The covernote is proof of the binding of the guarantee and/or temporary hold for the bank in disbursing the credit. At the request of the bank, the Notary-PPAT makes and issues a covernote because the administration of the binding of the guarantee at the land office by the Notary-PPAT has not been completed

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