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All Journal Journal of International Law INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES ARBITER: Jurnal Ilmiah Magister Hukum Jurnal Ilmiah METADATA

Suhaidi Suhaidi

Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

Author-ID : 389066

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

LEGAL ANALYSIS OF ENVIRONMENTAL EDUCATION IN ACCORDANCE WITH INDONESIAN LEGISLATION Ventyrina, Ine; Syahrin, Alvi; Sitepu, Runtung; Ginting, Budiman; Suhaidi, Suhaidi; Leviza, Jelly
INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES Vol 1, No 1: JUNI 2019
Publisher : Faculty of Law Universitas Panca Bhakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32501/injuriless.v1i1.53

Increased awareness of environmental issues is leading to the introduction of environmental education. This article discusses some of Indonesian legislations that accompany the introduction and development of environmental education. Research results concluded that environmental education has been mandatory in various Indonesian legislations which has? been observed with vertical and horizontal synchronization, in accordance with the purpose and scope of the environmental protection and management in article 3 and article 4 of Act Number 32 the year 2009.

Peranan Petugas Imigrasi Terhadap Pengungsi Di Indonesia Terkait Dengan Berlakunya Undang-Undang Nomor 6 Tahun 2011 Rajagukguk, Eko Yudis Parlin; Suhaidi, Suhaidi; Leviza, Jelly; Lubis, Anggreni Atmei
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Nowadays, the refugeesâ€™ problems have become a concern towards international society. The study aims to discover how the role ofimmigration officers to organize the foreigners may enter Indonesian territory. Then, the research discover how the impact of refugees existence towards Indonesian people. Then again, what is barrier faced by the immigration officers in handling the refugees in Immigration Detention House in Medan. The method of approach used in this study is a normative approach based on the laws and regulations as a review at the conceptual level about the meaning and purpose of various national legal regulations Number 6 of 2011 concerning Immigration against refugees in Indonesian territory. Data Collection Tools, Library Research (data analysis) Analysis of the data in this study using qualitative methods. The process of analyzing data in qualitative research begins by examining all data collected from various sources, namely from interviews, observations that have been written in field notes, personal documents, official documents, pictures, photographs and so on. The immigration officers of Indonesia manage the foreigners that entering Indonesian territory by applying selective policy. The refugees in Indonesian territory have a crucial impact towards Indonesian society.

Analisis Terhadap Putusan Hakim Praperadilan di Pengadilan Negeri Medan Sipayung, Jekson; Suhaidi, Suhaidi; Harianto, Dedi; Zulyadi, Rizkan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study is to describe how the legal development of reasons for filing pretrial today, how the legal consequences of the fall of the judge's decision on the pretrial submission, and how criminal law policy formulates pretrial institutions in Indonesia's positive law in terms of human rights protection. This type of research uses normative juridical types. The results of research and discussion explain the development of the legal reasons for the submission of pretrial experiences development not only as stipulated in the Criminal Procedure Code but also in the Constitutional Court Decision No. 21 / PUU-XII / 2014 has expanded the pretrial object in the form of arrest, detention, cessation of investigation or termination of the prosecution as well as the stipulation of the determination suspect, search and seizure. The legal consequence of the fall of the judge's decision on the pretrial submission is that if the decision determines the arrest or detention is invalid, the investigator or public prosecutor must immediately release the suspect, in the event that the decision determines that a cessation of investigation or illegal prosecution, investigation or prosecution of the suspect must continue and in the case of a decision stipulating that an arrest or detention is not legal, then in the decision, the amount of compensation and rehabilitation given is stated, whereas in the case of cessation of an investigation or prosecution is valid and the suspect is not detained, the decision shall include the rehabilitation.

Upaya Imigrasi dalam Penerapan Sanksi Pidana Terhadap Pengguna Dokumen Perjalanan Palsu Jerold, Jerold; Suhaidi, Suhaidi; Isnaini, Isnaini
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study is to find out how the forms of falsification of the Travel Documents of the Republic of Indonesia, how the application of criminal sanctions for the forgeries of the Travel Documents of the Republic of Indonesia according to positive Indonesian law and how immigration actions in overcoming the fraudulent Travel Documents of the Republic of Indonesia occur. The research method used in this research is descriptive analysis, data collection techniques with literature studies and interviews, the types of data are primary data and secondary data, while the data analysis using descriptive cumulative data analysis is descriptive. From the results of research that cases of forgery of Travel Documents of the Republic of Indonesia (passports), can be classified into four forms of forgery of Travel Documents of the Republic of Indonesia (passports): original documents obtained illegally (using false or incorrect data), original documents that have been subjected to changes, documents that are completely falsified (duplication), original documents used by others (Impostor). Articles used in the crime of forgery of passports are article 119, article 126, article 127, article 129. Countermeasures to prevent the falsification of Travel Documents of the Republic of Indonesia, such as by: Issuance of Electronic Passport (e-passport), Photo and fingerprinting process finger recording the applicant's data, interview process when the applicant submits a passport application, Provision of Passport Safety Features.

Analisis Hukum Pencegahan dan Pemberantasan Perusakan Hutan Kaitannya dengan Potensi Kekosongan Hukum dalam Perspektif Penyidikan Tindak Pidana Kehutanan Turnip, Palber; Suhaidi, Suhaidi; Harianto, Dedi; Rafiqi, Rafiqi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The issuance of Law No. 18 Year 2013 concerning the Prevention and Combating DeforestationÂ promulgatedÂ date of August 6, 2013, has declared unplug and do not apply some rules of the offense in Law No. 41 of 1999 on Forestry allegedly can lead to potential Emptiness Law, which can lead to increased threats to forest destruction. Therefore, efforts to fill the legal vacuum intended to reduce the potential destruction of forests. This research is normative juridical typology synchronization research laws and regulations. While the nature of the research is descriptive analitif. From the data collected, analyzed, and then can be concluded that the issuance of Law No. 18 Year 2013 has changed the rules that have been good in Law No. 41 of 1999 which would cause a vacuum in the law with the absence of binding rules to a acts that could destroy the forest.

Analisis Yuridis Atas Penggabungan PT Taspen (Persero) dan PT Asabri (Persero) pada Badan Penyelenggara Jaminan Sosial Putra, Wahyudi Prima; Suhaidi, Suhaidi; Leviza, Jelly; Marsella, Marsella
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The transformation becomes an important vocabulary since last seven years in Indonesia, precisely since the enactment of the National Social Security System (Social Security Act) on October 19, 2004.Â Persero four state-owned social security program organizers PT Askes, PT Asabri, PT Jamsostek and PT TaspenÂ will be transformed into BPJS . Asabri program is part of the rights of soldiers and police members on a decent income. Asabri programs and programs pension payments transferred by Asabri PT and old age savings program and programs pension payments transferred from TASPEN PT is part of the program in accordance with that law. With the inclusion of informal workers in the social security system which has clearly not been recorded, it will take time and a very large cost.

PERANAN PROTOKOL MONTREAL 1987 DALAM MENANGGULANGI EFEK RUMAH KACA DI INDONESIA Silalahi, Tania Yosefin Agustina; Sutiarnoto, Sutiarnoto; Suhaidi, Suhaidi
Journal of USU International Law Vol 8, No 2 (2020)
Publisher : Journal of USU International Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (618.207 KB)

ABSTRACT Tania Yosefin Agustina Silalahi * Dr. Sutiarnoto, SH. M.Hum ** Prof. Dr. Suhaidi, SH. M.H *** The international community for the first time raised the agenda in international relations which was marked by the holding of the United Nations (UN) convention in 1972 in Stock Holm, Sweden as an early milestone in saving the environment globally. The Montrea Protocol Convention; 1987 was formed due to the industrial revolution that occurred on a large scale, especially in European countries. In its agreement the Montreal Protocol has been revised 7 times, including in 1990 in London, 1991 in Nairobi, 1992 in Copenhagen, 1993 in Bangkok, 1995 in Vienna, 1997 in Montreal and 1999 in Beijing. It is believed by the international community that layers of ozone are expected to recover by 2050. Some of the ozone-depleting substances controlled by this agreement include CFC (Cholorofluorocarbon), Hallon, Tetrachlorite, Methyl Chlorofome, Hydro, Cholorofluorocarbon (HFC) and Methyl Bromide. The aim of this agreement is to realize that emissions worldwide can significantly deplete and reduce the ozone layer which impacts on human health and the environment, determined to protect the ozone layer by taking precautions to control global emissions. This agreement has been ratified by the Republic of Indonesia since 1992 with Presidential Decree No. 23 of 1992. In this case the Montreal protocol is one of the agreements responsible for the recovery of the ozone layer. This research is a normative legal research. To obtain accurate and in-depth data as desired by referring to the nature of the assessment developed in this research, data collection techniques are used through literature study where the data is collected through books, journals or writings or scientific articles. The results of this study indicate that around the 1970s environmental issues were considered and for the first time were raised as an agenda in international relations which was marked by the convening of the United Nations Conference (UN) in 1972 in Stockholm Sweden which was the first milestone in saving the environment globally. The 1987 Montreal Protocol has been revised seven times and has been ratified by 196 countries. The position of the 1987 Montreal Protocol in this agreement was made as a bulwark in controlling ozone depleting substances and replacing them with safer materials. This agreement is designed to implement climate change which aims to stabilize the concentration of greenhouse gases that are expected to tackle the greenhouse effect in preventing, depletion of the ozone layer which is expected to be better. Indonesian prospects after implementing the Montreal 1987 Protocol will bring many opportunities for Indonesia, in terms of environment, the ozone layer will increasingly recover and the side effects of ozone layer depletion such as UV-B rays will be reduced, not only in terms of the environment, good prospects will arise in terms of the economy where local companies switch to environmentally friendly technology or green industry will be more many innovations to be able to compete in the market Keywords: Ozone, Greenhouse Effect and Ozone Layer Depletion * University of North Sumatra University Faculty of Law students ** First Advisor of the Faculty of Law, University of North Sumatra *** Supervisor II of the Faculty of Law, University of North Sumatra

PENANGGULANGAN PENYIMPANGAN SEKSUAL LGBT DALAM PERSPEKTIF KEBIJAKAN KRIMINAL (CRIMINAL POLICY) Ali, Tengku Mabar; Suhaidi, Suhaidi; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 1 No. 3 (2019): Edisi bulan September 2019
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.10101/metadata.v1i3.15

Pengaturan hukum atau kebijakan hukum pidana terhadap penyimpangan seksual yang dilakukan lesbian, guy, biseksual dan transgender terus menjadi perdebatan di tengah masyarakat, khususnya di kalangan aktivis pegiat HAM dan para komunitas gerakan lesbian, guy, biseksual dan transgender. Penelitian ini merupakan penelitian yuridis normatif yang didukung dengan penelitian empiris, mengenai penanggulangan LGBT dalam perspektif kebijakan kriminal. Penelitian ini bersifat deskriptif analisis, dengan menggunakan sumber data primer dan sekunder. Analisis data yang digunakan dalam penelitian ini yaitu analisis data kualitatif. Pengaturan lesbian, guy, biseksual dan transgender dalam perundang-undangan di Indonesia, belum diatur dalam KUHP. Ketentuan hukum yang mengatur LGBT dalam KUHP hanya diatur dalam Pasal 292 KUHP, yang hanya diperuntukkan terhadap perbuatan cabul sesama jenis yang dilakukan terhadap anak di bawah umur. Sementara perbuatan cabul sesama jenis antara orang dewasa belum diatur dalam KUHP maupun RKUHP. Perumusan perbuatan LGBT dalam perpsektif kebijakan kriminal adalah hal yang urgen, mengingat perbuatan LGBT bertentangan dengan hukum yang berlaku di Indonesia dan bertentangan dengan nilai-nilai Pancasila. Kebijakan formulasi perbuatan LGBT dalam perspektif kebijakan kriminal, dilakukan atas berbagai pendekatan, salah satunya adalah pendekatan nilai-nilai dan norma-norma yang berlaku di masyarakat. Dalam merumuskan perbuatan LGBT, dapat diformulasikan dalam RKUHP yang baru, yaitu dalam melakukan perluasan terhadap Pasal 284 dan Pasal 292 KUHP.

AKIBAT HUKUM PERJANJIAN KERJA SECARA LISAN MENURUT PERSPEKTIF HUKUM KETENAGAKERJAAN Nasution, Mulia Syahputra; Suhaidi, Suhaidi; Marzuki, Marzuki
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

An employment agreement is an agreement made between an employer and an employer, which is the starting point for an employment relationship. Manpower Act, to make a written employment agreement. Verbal employment agreements are also considered valid by law. It is important to have a written work agreement as a binding and as evidence. In practice, it is not uncommon for work relationships to be carried out without being based on a written work agreement so that it will cause legal problems, especially regarding workers' rights. The formulation of the problem in this thesis is how to arrange a work agreement in the perspective of labor law, the status of workers who carry out a work relationship with an oral work agreement, the legal consequences of working relations based on an oral work agreement in the perspective of labor law. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the position of a work agreement orally based on the perspective of labor law has a strong position, which is valid as long as it does not contradict the legal conditions of the work agreement as regulated in Article 52 of the Manpower Act, legal consequences of working relations based on the work agreement. Orally According to the provisions of the Employment Law, namely an oral work agreement, has several legal consequences, if the work relationship is in the form of a specified time work agreement (PKWT) which is made orally, then the status changes to an indefinite work agreement (PKWTT). Legal Protection for Workers in a Work Relationship Based on an Oral Agreement According to the Manpower Law Provisions, namely a verbal employment agreement has not been able to provide full legal protection to the parties, especially workers.

PERTANGGUNGJAWABAN PIDANA PERUSAKAN GEDUNG DAN FASILITAS RUTAN OLEH NARAPIDANA (Analisa Putusan Pengadilan Nomor 311/Pid.Sus/2019/PN. Sgi) Siagian, Edumanihar; Suhaidi, Suhaidi; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

The treatment of differences in State Detention Centers is still frequent, so that this can lead to jealousy among detainees. One form of crime or crime that occurs in State Detention Centers is the destruction of spaces / buildings and facilities by inmates. The formulation of the problem in this thesis is how the factors that cause the destruction of the building and facilities of the detention center by inmates, what is the criminal responsibility of prisoners who destroy buildings and detention facilities, how judges consider in verifying the crime of destroying detention buildings and facilities in the verdict. Court Number 311 / Pid.Sus / 2019 / PN Sgi. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the factors that led to the destruction of the building and facilities of the detention center were dispenser problems in which the prisoners and prisoners were angry and objected because the dispensers that had previously been distributed and placed in the rooms of the prisoners had been taken back by the guards. / Rutan employees. The criminal responsibility for the convict who destroys the building and facilities of the detention center is that the defendant is sentenced to 9 (nine) months imprisonment. The judge's consideration in making a decision on the crime of destroying the buildings and facilities of the detention center in the Court Decision Number 311 / Pid.Sus / 2019 / PN Sgi is that the Panel of Judges has considerations starting from the demands of the Public Prosecutor, the fulfillment of the elements in accordance with the articles charged. and there are no justifying and forgiving reasons, so that they are found guilty, as well as burdensome and mitigating things.

Co-Authors Ali, Tengku Mabar Alvi Syahrin Anggreni Atmei Lubis, Anggreni Atmei BUDIMAN GINTING Dedi Harianto Ibnu Affan Isnaini Isnaini Jelly Leviza Jerold, Jerold Marsella, Marsella Marzuki Marzuki Mustamam, Mustamam Nasution, Mulia Syahputra Putra, Wahyudi Prima Rafiqi Rafiqi, Rafiqi Rajagukguk, Eko Yudis Parlin Siagian, Edumanihar Silalahi, Tania Yosefin Agustina Sipayung, Jekson Sitepu, Runtung Sutiarnoto Sutiarnoto Turnip, Palber Ventyrina, Ine Zulyadi, Rizkan

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