Jurnal Ilmiah Penegakan Hukum
ISSN / EISSN : 2355-987X / 2622-061X
Published by: Universitas Medan Area (10.31289)
Total articles ≅ 50
Latest articles in this journal
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 44-52; https://doi.org/10.31289/jiph.v7i1.3651
The objective of this article is to analyze the mechanism of dissolution political parties in Germany in order to find the right policy of dissolution political parties in Indonesia. Normative juridical research methods are used in this study with case studies and comparative approaches. The data source used is the secondary data source, which consists of primary legal material, secondary legal material, and tertiary legal material. This research analyzed descriptively qualitative. The conclusion obtained is that the dissolution of political parties denied the right of association and assembly which is endorsed by the constitution. The German Constitutional Court has disbanded political parties proportionally by examining and deciding on the dissolution of political parties not only in text but also in the context which meets the criteria of ”clear and present danger” to the sovereignty of the German Federal Government and the free democratic basic order. Therefore, it is necessary to redesign the disruption of the dissolution of political parties in Indonesia with empirical sociological and psychological studies in order to meet the ”clear and present danger” criteria
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 36-43; https://doi.org/10.31289/jiph.v7i1.3668
This article aims to see the development of online transactions that continue to cause new problems for the rule of law that has been established in a single jurisdiction. Problems that still arise are not only related to the preparation and evidence of contracts but also in other fields. There is a large amount of literature on how existing laws are currently being or might be developed, and how the parties to a contract solve the problems that might be caused by an invasion of online transactions. online transactions are new discovery transactions in the form of trade in which the seller and buyer do not encounter directly but only use the internet media. This study uses a normative juridical research method to address these online transactions operated by minors against the legal arrangement of the online trading system and legal protection mechanisms in which the results of this study indicate that the validity of minors is regulated in article 1320 of the Civil Code. Legal protection for legal events online transactions conducted by minors are racing against the electronic system agreed upon as regulated in article 19 of Act No. 19 of 2016 concerning Information on Electronic Transactions.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 53-61; https://doi.org/10.31289/jiph.v7i1.3691
Writing aims to find out the effort to resolve disputes for Tap Cash BNI card users who have failed to top up, which results in losses to consumers. The focus of the problem is how to resolve disputes between the banks as Tap Cash card issuers and consumers of electronic money users. This research begins by reviewing various laws and regulations which form the basis of legal protection for card users, for this reason, it is used normative juridical research, by reviewing the applicable laws and regulations. the author also uses the concept of the rule of law which is obliged to provide legal guarantees. In the matter of efforts to resolve disputes for consumers using the BNI Tap Cash card, the concept of legal protection also applies based on the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Financial Services Authority Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection of the Financial Services Sector. Analysis of legal materials used is the analysis of legal materials with a deductive method which is a research method based on general concepts to provide concrete explanations of specific legal issues, data is collected through seminars, articles, and interviews and analyzed qualitatively. Based on the results of research conducted on the problem, it was found several forms of settlement efforts provided by the BNI bank namely the resolution of disputes outside the court and the resolution of disputes through the court.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 17-26; https://doi.org/10.31289/jiph.v7i1.3385
This paper aims to develop a joint financing method between banks and cooperatives in which cooperatives in globalization look increasingly lagging behind due to unfinished capital problems and a system that is still traditional at a time of increasingly modern world developments. Therefore, the government made regulations to overcome this problem by creating a Linkage Program. The problem is focused on the cooperative relationship at the Joint financing stage as one of the models of the Linkage program, between South Bandung Farmers Cooperatives with BPR Bandung Kidul. There are various problems in achieving fair and legal cooperation. The method used in this research is normative juridical analysis with descriptive analytical writing methods. This study concludes that the obstacles that hamper the Joint financing relationship, one of which is the ownership of majority shares by cooperatives that can harm the principle of prudence and good corporate governance of the bank. Secondly, in the joint financing relationship between cooperatives and banks in practice no agreements were carried out which could result in business interference by both parties.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 27-35; https://doi.org/10.31289/jiph.v7i1.3183
This article aims to review the resolution of environmental disputes outside the court based on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH). The problem is focused on efforts to protect and restore environmental damage. The method used in this research is normative or doctrinal legal research. Data is collected through a literature approach and analyzed qualitatively. The rapid development of the industry, requires natural resources in the form of raw materials and energy sources that are very large as well. The consequence of the industrial development process is the increase in waste produced by the industry. This is very possible for friction between the surrounding communities, which in turn can lead to conflict or dispute. This study concludes that resolving environmental disputes outside the court is considered more beneficial because if it takes a case in court it takes a long time. By shortening the process the impact of environmental damage can be more quickly addressed so that the ecosystem can soon recover and social, economic and cultural life can proceed as it should.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 69-77; https://doi.org/10.31289/jiph.v7i1.2915
Democracy is a miracle or understanding that puts the foundations of togetherness and honesty and democracy make all people have their existence and becomes meaningful for society to maintain the diversity that does not divide people between the rich and poor. the strong with the weak. and the smart with fools. And democracy also does not recognize discrimination even if there is a difference in society and country and democracy gives similarities. This writing uses normative legal research methods (normative research) with descriptive-analytical research specifications that use secondary data. Data collection procedures are in the form of documentation of notes or quotations. a search of legal literature. books and others related to the identification of problems both offline and online which are then analyzed using the legislative approach through content analysis methods (content analysis method) with a focus on the issue of How is criminal liability for the perpetrators of the destruction of the ballot paper in legislative elections? From the results of the study note that criminal liability for the perpetrators of the destruction of the ballot paper in the legislative election is convicted in accordance with the provisions of the law that is passed and carried out by enforcing the regulations that have been made through the application of the criminal
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 8-16; https://doi.org/10.31289/jiph.v7i1.3671
This research is intended to assert the legal basis for Shares Guarantee Seizure implementation, and execution mechanism towards Court Judgement of Permanent Legal Force, based on positive laws as an actual legal basis in order to achieve legal certainty as a practice of Shares Guarantee Seizure. The research is conducted through normative juridical method approach with descriptive analytical research specifications, and data analysis performed with qualitative methods. This study results shown, first, the actual legal basis for the efforts of Shares Guarantee Seizure is contained in article 227 section (1) of HIR in conjunction with Article 511 of The Indonesian Civil Code, as long as its implementation fulfills the basic requirements. Secondly, there are several distinct in the execution mechanisms of Shares Guarantee Seizure towards limited companies and both mechanisms have not been asserted in HIR, therefore the rule itself became unclear, whereas rules supposed to achieve legal certainty. To obtain legal certainty, new product regulations for Procedure of Civil Law are required in legislation (wet) arrangement, which should accommodate most of legal issues dynamics in Indonesia.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 1-7; https://doi.org/10.31289/jiph.v7i1.3383
This article aims to find out how to apply the quality system using ISO 9000 to small industries based on applicable laws and regulations so that it still provides legal certainty for consumers. Because, often small industries ignore the application of quality in ISO 9000 because certification costs are quite expensive. The problem is focused on how the form of legal certainty given by ISO 9000 in the non-contractual category that is, without the recognition of a third party who is a certification body in terms of the principle of legal certainty. To approach this problem, theoretical references from books and journals of law can be used as guidelines for writers. The writing method used is a normative juridical approach and the writing specification is analytical descriptive. This study concludes that the application of ISO 9000 in non-contractual categories can still provide legal certainty to consumers.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 62-68; https://doi.org/10.31289/jiph.v7i1.3719
In Indonesia, the development of services to produce fake documents that are in demand are sought after by the general public. One of them is buying and selling fake sick letters. At the research stage, the objective is to find out the responsibility of the perpetrators of the crime and efforts to counter the falsification of the sick letters which are traded through e-commerce. The juridical normative approach method emphasizes norms or rules so that the problem will be reviewed and analyzed with applicable legal guidelines and relating to the sale and purchase of fake sick letters through e-commerce in Indonesia. The crime of falsifying a sick letter being traded has entered the realm of criminal fraud. Which, has been regulated in Article 378 of the Criminal Code with a maximum imprisonment of 4 years and ITE Law Article 28 paragraph 1 threat of a maximum imprisonment of 6 years and / or a maximum fine of Rp 1,000,000,000. Efforts to overcome it through support from all elements. Even the public awareness of the harm caused when using these fake letters. Law enforcers cracked down on those who carried out the sale and purchase of the letter so that no one would dare to try to buy and sell the fake sick letter again.
Jurnal Ilmiah Penegakan Hukum, Volume 7, pp 78-87; https://doi.org/10.31289/jiph.v7i1.3432
The purpose of this writing is to find out the authority of the prosecutor's office in submitting a request to dissolve a PT in a district court based on the provisions of a Indonesia company law, and its relationship in strengthening national resilience. Furthermore, to examine and analyze this research is by normative legal research by emphasizing discussion on legal-formal (normative) rules and regulations. The data used in this study consisted of primary legal materials including legislation, secondary legal materials such as books and literature and tertiary legal materials obtained through library research. The result of the research is that authority to act as a petitioner for dissolution with the reason if there is a single share ownership (corporate sole) and/or violation of public interest or the law, in the framework of the executive function to uphold the law in society, and that authority is a form of upholding the authority of the government and reflects legal certainty so that it gives effect to the strengthening of national resilience.