JUNCTO: Jurnal Ilmiah Hukum

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EISSN : 2722-9793
Published by: Universitas Medan Area (10.31289)
Total articles ≅ 40
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Agung Nusa Pratidina, Marsella Marsella, Wessy Trisna
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 172-180; https://doi.org/10.31289/juncto.v2i2.326

Abstract:
Theft is one type of crime that often occurs wherever and whenever. Theft carried out by minors is not new, remembering that the age is still underage, Restorative justice is highly recommended to be applied in the settlement of the theft case. The research method used in this study is juridical empirical and the nature of the study using descriptive analytical research. Settlement of problems with the Implementation of the Restorative Justice Principle will make children aware of the wrong doing of children. Opening opportunities for dialogue between the perpetrators and their victims, a family-friendly approach like this is likely to be successful than sending children to justice, because processing children to justice will not guarantee the children's rights, it can even make children worse. The transfer of formal legal processes to non-formal settlement can be used as a reference for judges to settle children's cases, because it can provide maximum protection for the child's future. The form of settlement is first secured to the office of PTPN IV Air Batu, then with all the existing processes the child makes an agreement to the PTPN IV so as not to commit crimes again and create a deterrent effect for him.
Andreas Teguhta Kaban, Aulia Rosa Nasution, Ridho Mubarak
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 181-188; https://doi.org/10.31289/juncto.v2i2.327

Abstract:
The crime of trafficking in persons (human trafficking) is a very complex crime so it is difficult to eradicate. However, attention to trafficking in persons is more focused on women as vulnerable groups in this discussion (women trafficking). The purpose of this study is to see more clearly that there is still a link between the crime of commercial sex worker service providers with the crime of trafficking in persons. The method of approach that the authors take in this research is descriptive qualitative. The underlying factors are economic, family, religious, lack of awareness, the desire to get rich quickly. The legal provisions in Law Number 21 of 2007 concerning the Criminal Act of Trafficking in Persons have been supplemented with implementing regulations, namely Government Regulation Number 9 of 2008 concerning Procedures and Mechanisms for Integrated Services for Witnesses and / or Victims of Trafficking in People in Article 1 paragraph 1 and Presidential Regulation No. 69/2008 concerning the Prevention and Handling of Criminal Acts of Trafficking in Persons Article 4. Legal Analysis that the Defendant is proven guilty of committing a crime "intentionally as a livelihood or habit of committing or facilitating obscene acts with others" and the Defendant has become a pimp by providing women who are trafficked for sexual services so that the Defendant benefits from these actions.
Rio Pambudi, Aulia Rosa Nasution, Muazzul Muazzul
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 110-118; https://doi.org/10.31289/juncto.v2i2.321

Abstract:
Gambling is basically a game where there are parties who bet each other to choose one choice among several choices where only one choice is correct and being a winner means that the player who loses the bet will give the bet to the winner. Gambling rules and bets are determined and agreed before the match starts. Talking about "Gambling" which is forbidden by religion, is also expressly prohibited by positive law. This can be seen from the provisions of article 303 of the Criminal Code, Jo. Law No.7 of 1974 concerning Control of Gambling Jo. PP.No. 1981 Jo. Presidential Instruction and Minister of Home Affairs Instruction No.5, April 1, 1981. The type of research used in writing this thesis is to use normative legal research methods. Normative legal research is research that studies the study of documents, namely using various secondary data such as statutory regulations laws, court decisions, legal theories, and can be in the form of opinions of scholars. As for efforts to prevent gambling so that it can be overcome, it is desirable for religious leaders and law enforcers to often conduct socialization such as lectures at places of worship so that they are aware that gambling is prohibited in any form.
Eno Karnis Tafanao, Taufik Siregar, Sri Hidayani
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 189-199; https://doi.org/10.31289/juncto.v2i2.328

Abstract:
Divorce is the termination of a legal marriage before a court judge based on conditions determined by law. Therefore it is necessary to understand the spirit of the rules regarding divorce and the causes and consequences that may arise after the husband and wife have broken marriages. This type of research is normative juridical research and the nature of this research is descriptive analysis. Factors causing divorce are disputes and quarrels that have occurred continuously then the peak of disputes in the Plaintiff and Defendant's household in 2005 until now the Defendant has left the residence together. Defendant as head of household cannot carry out his obligations as a good head of household. Legal protection for wives who are victims of husband violence is regulated in several laws and regulations, including in the Criminal Code Article 356 of the Criminal Code, in the Marriage Law (Law No. 1, 1974) Article 24. PP No. 9 Tabun 1975 Article 19 letter d and the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). The basis for consideration of the Panel of judges in deciding the case for divorce is case number 23 / Pdt.G / 2015 / PN.Lbp, namely the application of Article 5 letter (b) Number 23 of 2004 concerning the Elimination of Domestic Violence, Article 19 letter (f) of the Regulation Government Number 9 of 1975.
Chandra Munthe, Jamilah Jamilah, Abdul Lawali Hasibuan
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 144-155; https://doi.org/10.31289/juncto.v2i2.324

Abstract:
According to Islamic law, various views of some schools forbid changing or transferring waqf property, while some other schools allow that the assets cannot be taken advantage of or reduced in benefits and must be replaced. Meanwhile, according to legal regulations in Indonesia and the Compilation of Islamic Law allow with certain conditions. This study uses descriptive research and the nature of the research used is included in the category of normative legal research. Legal arrangements regarding the transfer of waqf land in Indonesia are regulated in Presidential Instruction No. RI. 1 of 1991 concerning Compilation of Islamic Law in Article 225 paragraphs (1) and (2), Article 49 paragraph (1) of Law Number 41 of 2004 concerning Endowments, Article 49 paragraph (2) Government Regulation No. 25 of 2018 concerning the Implementation of Law No. 41 of 2004 concerning Endowments. Management of waqf land namely Nazir makes a letter of application for submission of waqf land for public facilities to the Minister of Religion by attaching the certificate of waqf pledge certificate, certificate of proof of ownership of the substitute land for waqf, Tax Object Sales Value (NJOP) of waqf land and its exchanges, spatial plans from local government, and other letters. The resolution of the waqf land dispute is carried out through three stages, namely through deliberation efforts to obtain consensus, mediation, and legal efforts to file a claim to the Religious Court.
Abdi Azkhari Butar Butar, Abdul Lawali Hasibuan, Wessy Trisna
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 156-171; https://doi.org/10.31289/juncto.v2i2.325

Abstract:
The rise of theft, loss and embezzlement of motorbikes in the city of Medan is never ending even no longer a public secret, every day there are always reports of motorcycle loss in the Old Deli Police Station for that the writer feels interested in doing a study about the theft of the motorcycle. The method used in this study is normative juridical and analytical descriptive. Judge's consideration in examining cases of embezzlement has incriminating and mitigating matters. The aggravating thing is that the Defendant's actions can disturb the community and the mitigating thing is that the Defendant admitted frankly his actions and regretted them and the Defendant has never been punished. Efforts made by law enforcers against motorcycle embezzlement are preventive measures, which are efforts that prevent acts or criminal offenses occurring both institutionally and in coordination with the local community. While other efforts are repressive efforts, namely efforts that are emphasized in the criminal process against the perpetrators after the crime occurred, so that it creates a deterrent effect on the perpetrators so that they do not commit-another-crime
Falentino Surya Situmorang, Rafiqi Rafiqi, Riswan Munthe
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 132-143; https://doi.org/10.31289/juncto.v2i2.323

Abstract:
The crime of seizure and theft of motorized vehicles with violence is so disturbing to the public. This research method was conducted using empirical juridical research methods. The role of the investigator is very important in overcoming the crime of seizure and theft of motorized vehicles with violence, bearing in mind the high number of crimes that occur in the community, especially in the surrounding area of the Medan City Police. The role of the Medan City Polrestabes in dealing with motor vehicle theft with violence appears from preventive and repressive efforts. As law enforcers, patrons and community guides through routine raids and patrols in places suspected of being prone to motor vehicle theft and socialization to the public. Inhibiting factors in the police, including the lack of witness participation in providing information in the investigation process, the limited number of investigators, inadequate income / salary factors of investigators, the lack of an investigative budget, inadequate facilities and infrastructure to support investigator performance and lack of participation witness in providing information in the investigation process.
Anggi Nadya Nasution, Muazzul Muazzul, Wessy Trisna
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 78-100; https://doi.org/10.31289/juncto.v2i2.318

Abstract:
Crimes in the pharmaceutical field, which are related to drug distribution without circulation authorization, have occurred in many regions in Indonesia. The rise of the circulation of illegal drugs proves that Indonesia's defense is still weak from the invasion of things that endanger the community. This type of research is normative research and the nature of the study used is analytical descriptive. Data will be analyzed by qualitative methods. Based on data analysis conducted Legal arrangements regarding drug distribution licenses are in the Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number HK.00.05.1.23.3516 Concerning Circulars of Drug Products, Traditional Medicines, Cosmetics, Food Supplements, and Food Sourced, Containing , Of Specific Ingredients and Or Containing Alcohol, Law No. 8 of 1999 concerning Consumer Protection, Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number 24 of 2017 concerning Criteria and procedures for drug registration. Presidential Regulation (Perpres) Number: 80 of 2017 concerning the Food and Drug Supervisory Agency (BPOM).
Donny Christian Harita, Taufik Siregar, Arie Kartika
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 101-109; https://doi.org/10.31289/juncto.v2i2.320

Abstract:
Corruption is an extraordinary crime that is contagious in every state apparatus, both in the central government and regional governments. The research method in this paper is a normative method that collects library data, namely legislation, law books, judges' decisions, mass media and scientific journals related to the issues discussed in this thesis. Law enforcement of corruption in Indonesia as outlined in the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption Eradication is a representation of 3 elements of law enforcement, namely the lawmaking element (making this law), the element of law enforcement officers namely this law also regulates law enforcement officers for example with the Corruption Eradication Commission and the elements of the community environment by regulating public participation in eradicating corruption in Indonesia. Judge's consideration in dropping the verdict Number: 116 / Pid.Sus-TPK / 2014 / PN.Mdn is to consider mitigating and aggravating matters, taking into account the defendant's ability to take responsibility, considering the absence of forgiving and justifying reasons.
Andika Try Anantama, Zaini Munawir, Rafiqi Rafiqi
Published: 11 September 2020
JUNCTO: Jurnal Ilmiah Hukum, Volume 2, pp 119-131; https://doi.org/10.31289/juncto.v2i2.322

Abstract:
Environmental Crimes committed by a person or corporate legal entity often occur around the environment where we live without us knowing it, especially in an environment full of companies that can damage the surrounding environment. The research method used in this study is juridical normative and descriptive analytical nature of the study. The legal regulation on environmental crime, especially regarding forest and land burning is regulated in Article 187 of the Criminal Code, Article 78 paragraph (3) of Law Number 41 of 1999 concerning Forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantations. Criminal liability of corporate offenders in imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah), Determine if the fine is not paid replaced with imprisonment for 5 (five) months. Judge's consideration in this decision, that the Defendant violated Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) of Law Number 32 of 2009 concerning Environmental Protection and Management and jo Article 64 paragraph (1) of the Criminal Code has several considerations, namely incriminating circumstances and mitigating circumstances.
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