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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
T. Riza Zarzani
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Legal Analysis of Criminal Child with Mental Retardation (Study of Rantauprapat State Court Decision No. 18/PID.SUS/ANAK/2016/PN-RAP) Irsyam Risdawati; Marice Simarmata; Muhammad Juang Rambe; T. Riza Zarzani; Iwan Rohman Harahap
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4263

Abstract

The perpetrators of criminal acts today are not only dominated by adults, but children also have a great potential to commit criminal acts, even children who are abnormal or mentally retarded can commit crimes as known in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Child. /2016/PN-Rap. This research was conducted normatively by discussing doctrines or principles as well as legal synchronization using the approach to legislation. This means that the principles and synchronization of law are used as benchmarks to provide an assessment of the judge's considerations on the sentencing of children with mental retardation in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Anak/2016/PN-Rap. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is very possible to apply non-penal policies through diversionary restorative justice instruments but this is not done, the judge's policy in providing legal protection to children with mental retardation is carried out through penal policies in the form of criminal imprisonment for 2 (two) years and 7 (seven) months and a fine of Rp. 100,000,000, - (one hundred million rupiah), provided that if the fine is not paid, it will be replaced with work training for 3 (three) months.
A Legal Responsibility of a Notary for Actions Performed by Parties in the Making an Authentic Ded T. Riza Zarzani; Onny Medaline; Dartimnov Dartimnov
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2203

Abstract

The purpose of this study was to determine the position of a notary in making an authentic deed, the form of a notary's responsibility for violations of the UUJN in creating an original act and the effectiveness of sanctions for a notary who violates the UUJN in doing an authentic deed. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analysed is carried out in-depth and holistically. Based on the research results, it is known that the position of a notary in doing an authentic deed is regulated explicitly in Article 15 paragraphs (1), (2), and (3) of Law Number 30 of 2004 Jo. Law Number 2 of 2014 concerning the Position of Notary consists of general, special and future authorities. In its implementation, the form of a notary's liability that violates the UUJN in doing an authentic deed is divided into 2 (two) states, first: a civil notary liability of a notary because a notary violates the provisions of Article 84 of Law No. cancel or nullify by law, secondly: administrative liability of the notary occurs because in doing an authentic deed the notary does not heed Article 84 of Law Number 30 of 2004 concerning the position of a notary, for this violator with the threat of the heaviest penalty the notary can be dismissed from his position.
Criminal Acts of Corruption Procurement of Goods and Services of Local Governments through Electronic Procurement Services (LPSE) Yasmirah Yasmirah; Firman Halawa; Sukur Tandiono; T. Riza Zarzani
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2250

Abstract

The rapid advancement of technology is seen as one of the right and effective methods to increase the transparency of public information access, by implementing an online system for goods/services procurement or known as Electronic Procurement Services (LPSE).  But corruption in the goods/services procurement of the local government continues even though the LPSE has been implemented. The purpose of this research is to knowing legal arrangements, forms of irregularities, and to explain the efforts of Government Internal Supervisory Apparatus (APIP) in preventing corruption in the goods and services procurement of the local government carried out through LPSE The research method used is a qualitative method that is descriptive. The type of juridical research is normative, that is literature study with secondary data types consisting of primary, secondary, tertiary legal materials. The legal arrangements related to the corruption of the public goods/services procurement are regulated in Law No. 31 of 1999 Jo. Law No. 20 of 2001, while the legal arrangements for the public goods/services procurement through LPSE are regulated in Presidential Regulation No. 16 of 2018 Jo. No. 12 of 2021 concerning the Public Procurement Goods/Services. LKPP Regulation as technical guidelines are LKPP Regulation No. 9 of 2018, No. 11 of 2018 Jo. No. 7 of 2020, and No. 14 of 2018. The configuration of irregularities that occur in the public goods/services procurement through LPSE include corruption regulated in Corruption Law, as well as irregularities in the form of administrative irregularities and general crimes, unfair business competition law, and corruption. The efforts of APIP in preventing corruption in the public goods/services procurement is an early warning at every phase of the goods/services procurement and the efforts of LKPP strengthening the Electronic Procurement System (SPSE) by using online-based applications, and law enforcement by firm and fair criminal sanctions to the corruptor in the goods/services procurement in accordance with the applicable corruption law.
Enhance of Legal Protection the Health Outsourcing Workers in Health Law Number 36 of 2009 Yohny Anwar; T. Riza Zarzani; Firman Halawa; T. M. Fauzi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2251

Abstract

This research is to find out and analyze the legal regulation of health services for outsourcing workers, to find out and analyze the legal protection of health for outsourcing workers and to examine and analyze the law regarding sanctions for doctors and hospitals that make mistakes in health services for workers. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analyzed is carried out in-depth and holistically. The normative juridical method means that research data is analyzed according to legal norms and court decisions relating to health services for outsourced workers. Legal materials or materials used to analyze are obtained from library materials that include primary, secondary and tertiary legal materials, secondary data used as references in this study, especially those relating to the legal protection of the health of outsourced workers in the health law. Data processing is carried out by editing and making data after the data is sorted and analyzed and then interpreted logically against the applicable provisions. After that, it is presented in the form of sentence descriptions. Based on the results of the study, it is known that health services for outsourcing workers. In-Law no. 13 of 2003 concerning Manpower, which becomes the primary reference in the world of Manpower, does not find the term outsourcing. In practice, a corporate liability that violates the labour law can be legally prosecuted for companies that do not provide health insurance for workers. Hospitals and doctors who check the health conditions of workers must provide good health services for outsourced workers.
A Legal Study of Online Transportation Company Responsibility to Consumer Accident Safety M. Fahrurozy; Redyanto Sidi; T. Riza Zarzani
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4669

Abstract

In the case of consumer rights violations, caution is needed in analyzing who should be responsible and how far the responsibility is imposed on the parties concerned. The responsibilities of business actors have been regulated in Law Number 08 of 1999 concerning consumer protection or UUPK, Articles 19 to 28, which include the principle of responsibility based on error (Liability Based On Fault Principle)and the principle of absolute liability ( Absolute Liability Principle) The formulation of the problem in this thesis is: What are the legal rules for transportation users?on line legislation, What is the role of the transportation line on the use of transportation line, What is the responsibility of the transportation company line to Gojek consumers in the event of an accident. While the research method used is library research (Library Research) in the form of Books, Laws, Government Regulations, and Field Research (Field Research) This research was carried out by conducting research at the Gojek Medan office which is located at Jalan Padang Golf complex CBD Polonia, Block AA No. 49-51 and Block BB No. 50, Medan Polonia, North Sumatra 20219, Obtaining data to support secondary data. Transportation companion line very big responsibility for consumer protection, because consumers play an important role in the use of services provided by transportation companies.
Co-Authors Dartimnov Dartimnov Firman Halawa Irsyam Risdawati Iwan Rohman Harahap M. Fahrurozy Marice Simarmata Muhammad Juang Rambe Onny Medaline Redyanto Sidi Sukur Tandiono T. M. Fauzi Yasmirah Yasmirah Yohny Anwar