JURNAL ILMIAH ADVOKASI
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Published By Universitas Labuhan Batu

2620-6625, 2337-7216

2021 ◽  
Vol 9 (1) ◽  
pp. 8-18
Author(s):  
Heni Widiyani ◽  
Pery Rahendra Sucipta ◽  
Ahmad Ansyari Siregar ◽  
Ayu Efritadewi

Corruption that occurs in rural areas is very disturbing because it greatly affects the lives of rural communities, villages as the lowest government in the Indonesian state government structure are formed so that there is independence and progress and prevent the movement of people to cities. Corruption makes the infrastructure in the village not achieved according to the needs of the community. This juridical empirical research is to collect legal literature and compare the actual situation that occurs in the community by conducting interviews so as to find the facts and data needed, then the required data is collected, then the identification of the problem is carried out which ultimately comes to solving the problem . The people of the guardian village currently cannot enjoy the facilities that have been corrupted by the village head and the community economy poured out through BUMDES is not running properly due to the effects of corruption that occurred in 2017.Keywords : Corruption, Village Fund, Penaga Village


2021 ◽  
Vol 9 (1) ◽  
pp. 52-57
Author(s):  
Poriaman Poriaman ◽  
Abdul Hakim ◽  
Risdalina Siregar

In a trial examination of a criminal case, the judge conducts an examination with at least two valid pieces of evidence and also pays attention to the indictment of the public prosecutor regarding what criminal act the defendant has committed. In the case of murder the judge needs a forensic expert to find out what caused the criminal incident. The forensic doctor's statement in the form of a visum et repertum plays a role in deciding / imposing a sentence for the convicted person, because the Visum Et Repertum contains information or information about the causes that resulted in a person's death or injury. The formulation of the problems in this study are: 1. What is the role of forensic experts in uncovering the crime of murder? 2. What are the obstacles faced by forensic experts in uncovering the crime of murder? This study used a normative approach, the research material was collected using document study techniques, and data analysis techniques were used qualitatively. The results of the research show that: 1. The role of a forensic specialist is very important in uncovering the crime of murder, namely being able to directly provide information in court in the form of visum et repertum. 2. The judge's consideration of the results of the forensic doctor's testimony in court in revealing the crime of murder is very helpful for the judge in taking a legal consideration.Keywords: Witness; forensic expert; Criminal act; Suspect; Murder.


2021 ◽  
Vol 9 (1) ◽  
pp. 31-41
Author(s):  
NURIJAH IBRAHIM ◽  
Prof. Triono Eddy ◽  
Dr. Mahmud Mulyadi

In practice, buying and selling transactions must meet the requirements according to legal provisions, especially now that there are many buying and selling problems that result in the emergence of disputes that cause losses incurred by the seller and the buyer as well as the notary as the deed maker. The problem in this research is to research and analyze the arrangements in making the Sale and Purchase Deed (PPJB), criminal forms related to the position of a notary in making the Sale and Purchase Deed and criminal law analysis of the Notary who makes the Sale and Purchase Deed) without being accompanied proof of ownership letters in decision Number 1362 / Pid.B / 2019 / PN Jkt.Utr.Keywords: Criminal Law, Notary, Binding Agreement


2021 ◽  
Vol 9 (1) ◽  
pp. 42-51
Author(s):  
Rahmat Surkhalid Nasution ◽  
Abdul Hakim Siagian ◽  
Didik Miroharjo

The basis of lending or financing by banks to debtor customers is trust by implementing the principle of prudence by applying the principle of knowing the customer. Documents and credit guarantees approved and received by the bank will then have several functions and one of them is to secure the repayment of credit if the borrower injured the promise. Fictitious crimes in the provision of credit facilities or working capital financing actually refer to various forgeries. There are 3 (three) types of forgery, namely making fake letters, falsifying letters, intellectual forgery. The criminal liability of banks contained in Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 on Banking and Law No. 21 of 2008 on Syariah Banking is cumulative criminalization meaning that in addition to being sentenced to prison or also sentenced simultaneously in accordance with its mistakes.Keywords: Bank, Financing, Fictitious and Criminal Liability 


2021 ◽  
Vol 9 (1) ◽  
pp. 1-7
Author(s):  
Dr Kusbianto ◽  
John Simon ◽  
Irwanmay Irwanmay

Fishermen are used to be in poverty or otherwise, that relates to them called the poorest of the poor. Indonesia is a maritime country whose about two-thirds of the total sea area with a full coastline length is 99,093 km. It classifies the traditional fishermen as a group of people in poverty with a height level of reliance on fishery resources. The study started in Bagan Deli Village, Medan Belawan District, Medan City, North Sumatra Province. This research aims to find the issues that exist in them and resolving for them. The study uses a survey method with interview techniques. The fishermen of the respondents determine by the purposive method by the number of 43 people. Data analyzed in the Likert scale, which is to measures the perceptions, attitudes, and opinions by the respondents about an occurrence or their social phenomenon in Bagan Deli that keep in a questionnaire form. The results show that 13 questions ask respondents that defines all agreed, except for the questionnaire statements number 13 and 4 are Strongly Agree. Statement number 13 is ‘Do you agree if a fishery product processing in business group establishes in the Bagan Deli fishing environment?’ That is the highest-ranking with a total weight of 145, and the result is a score of 84.30% with an interpretation of the score Very Strong (Strongly Agree). The questionnaire for number 4 is 'Does environmental pollution cause a decrease in fishing and other types of fishing?', the second highest-ranking with a total weight of 138. And the result is 80.23% with an interpretation of the score Very Strong (Very Agree).Keyword : traditional fishermen, problems


2021 ◽  
Vol 9 (1) ◽  
pp. 58-71
Author(s):  
Zainal Abidin Pakpahan

Indonesia as a democratic country which has the freedom to enjoy its life legally must be protected, including disabilities, so that part of the constitutional right as regulated in Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Persons with disabilities are far from the government's attention in accommodating their rights so that people with disabilities are often marginalized by other groups so that they are less confident in expression by social interaction with other communities so that their existence is still far from a sense of security and protection legally even though they are rights human rights with disabilities must be treated equally and equally, which should be treated specifically because they have physical limitations, this means that the existence of persons with disabilities can have legal protection. prevailed. The problems in this regard, first, how is the existence of persons with disabilities in human rights, and legal protection in an effort to fulfill their rights. This study is a normative legal study aimed at finding and formulating legal arguments, through analysis of the subject matter. The technique of collecting legal materials is carried out by literature study. The approach used in this research is the statute approach, which is by examining the applicable legal rules relating to disabilities. This research concludes that the government seems still far from fulfilling the rights of persons with disabilities in human rights to obtain government understanding into multiple interpretations that can harm human rights with disabilities.Keywords: Existence, Disability, Human Rights


2021 ◽  
Vol 9 (1) ◽  
pp. 19-30
Author(s):  
Fathin Abdullah ◽  
Prof. Triono Eddy ◽  
Dr Marlina

Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization. Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.


2020 ◽  
Vol 8 (2) ◽  
pp. 90-102
Author(s):  
Muhammad Rafi’i Abdillah

Falsification of signatures or stamps / stamps is one of the forms of letter forgery and the use of fake letters in question is someone who deliberately uses a letter that he knows is fake. Using a forged or falsified letter is one of the criminal acts regulated in Chapter XII Book II Article 263 paragraph 2 of the Criminal Code (KUHP). Formulation of Article 263 of the Criminal Code.The approach method used in this study is a normative method supported by empirical methods. In this article, it is emphasized that in its use, you must really know that the letter used is fake and can cause harm. With the existence of legal provisions regulating these crimes, according to the function of the law as a means of social control and punishment as a repressive effort to tackle crimes.Keywords: Letter forgery, Judge's Consideration, Article 263 of the Criminal Code


2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution


2020 ◽  
Vol 8 (2) ◽  
pp. 59-71
Author(s):  
Aisyah Aisyah

This study aims to analyze the legal aspects of Mut ah Rights and Eid al-Fitr towards the wife who has been divorced by Talaq in her position as Qobla Dukhul. This research is Normative Empirical, namely research by looking at the existing conditions in the field by linking the legal sources of regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this research are to find out and analyze the legal basis of Mut ah Rights and Iddah livelihoods against a wife who has been divorced by her husband in her position that the wife has not been interfered with at all (Qobla Dukhul) and to know and analyze legal considerations in the decision. Rantauprapat Religious Court No. 1173 / Pdt.G / 2020 / PA.RAP for Divorce talaq in the position of wife of Qobla Dukhul. The results of this study state that if a marriage breaks up due to divorce, according to the provisions of Article 149 and Article 158 of the Compilation of Islamic Law, the ex-husband is obliged to give a proper mutʻah to his ex-wife, either in the form of money or objects, unless the former wife is qobla al dukhul and provides a living , maskan and kiswah to the ex-wife during iddah, unless the ex-wife has been through divorce ba1in or Nusyuz and is not pregnant. In the consideration of the Panel of Judges in Case No. 1173 / Pdt.G / 2020 / PA.RAP stated that because the marriage broke up due to divorce in the Qabla ad-Dukhul State, the Respondent did not have a period of iddah at all and the applicant was released from all legal consequences of divorce such as providing support, maskan and kiswah to ex-wife during iddah.Keywords: Mut'ah, Nafkah Iddah, Qobla Dukhul 


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