Jurnal Ilmiah Penegakan Hukum
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
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<![CDATA[Tinjauan Yuridis terhadap Kedudukan Fintech Yang Tidak Terdaftar di Otoritas Jasa Keuangan ]]>
<![CDATA[Muldri Pudamo James Pasaribu]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.5125
<![CDATA[This study aims to, firstly, find out the legal standing of Fintech that is not registered with the Financial Services Authority; Second, to find out the efforts of the Financial Services Authority in dealing with unregistered Fintech. The normative research method used to obtain complete data as the basis for writing scientific papers. Fintech or Financial Technology is a revolutionary business concept that combines the financial business with the development of modern technology and is part of the Industrial Revolution 4.0. Generally, Fintech are companies engaged in financial services that maximize the use of technology to facilitate users of financial services. With the issuance of Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services, which regulates Fintech's obligations to comply with applicable regulations including registration and processing of Financial Services Authority permits]]>
<![CDATA[Hak Imunitas Anggota DPR RI Sebagai Pejabat Publik dalam Hal Menjalankan Tugas dan Wewenangnya ]]>
<![CDATA[Faisal Akbar Nasution]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.5123
<![CDATA[The idea of democracy demands that every form of law and various decisions be approved by the representatives of the people and perhaps consider the interests of the people. Authorization, a law is in the hands of the DPR together with the President and does not involve the holders of sovereignty, namely the people in the process of ordering it, but currently the role and the people in influencing policies to produce a law and to assess the validity of a law laws cannot be underestimated. The research aims to provide immunity rights for members of the DPR RI as public officials in carrying out their duties and authorities. The research method used in this research is normative juridical legal research using an invited approach and the doctrine applied to a legal problem and is prescriptive in nature which is expected to be applied in society. The results of the study concluded that in carrying out their duties and authorities, members of the DPR RI need to be properly and respectably protected with their level of honor as people's representatives who have been elected by the people and each member of the DPR RI must also reflect respectable and foremost personal and behavior in law enforcement]]>
<![CDATA[Kesadaran Hukum Masyarakat Terhadap Hukum Di Area Publik Kota Medan Dalam Kehidupan Sehari-Hari ]]>
<![CDATA[Azmiaty Zuliah]]>;
<![CDATA[Adi Putra]]>;
<![CDATA[Dian Hardian Silalahi]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4746
<![CDATA[Public legal awareness in daily life in Indonesia, especially in Medan, still has serious problems. The facts and reality about the increasing number of law violations and deviant actions that are happening are actually happening right before our eyes. These illegal acts and deviant behavior occur not only in certain locations in almost all daily life, especially in big cities. The research used is a combination of a normative juridical approach and a qualitative empirical juridical approach. The purpose of this normative juridical research is to analyze the concept of legal and regulatory concepts that are closely related to the subject matter. The empirical juridical approach is used to see the law as a pattern of community behavior and is seen as a social force in the implementation of legal compliance carried out by people in the city of Medan. The type of data used in this research is primary data obtained through field studies (field research). Research results Public awareness of the law is still weak, it is still finding violations of the law in markets, roads, sidewalks, the environment and public facilities in Medan. Public legal awareness needs to be increased by implementing a legal culture development policy by the government so that compliance with the law can increase]]>
<![CDATA[Pemberian Bimbingan Pribadi Sosial terhadap Narapidana Lanjut Usia sebagai Upaya Peningkatan Kualitas Hidup ]]>
<![CDATA[Rama Fatahillah Yulianto]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4297
<![CDATA[Prisoners are the designation for people or citizens who commit criminal acts and have followed all procedures of the criminal justice system or the Integrated Criminal Justice System in Indonesia and have obtained permanent legal force or inkracht. The state through the Correctional Institution (Lapas) is obliged to carry out guidance and provide rights, because in fact it is only the right to freedom of movement. The research method used in this study is to explain empirical research that focuses on the behavior of the legal community, and this research requires primary data as the main data in addition to secondary data. This research is a type of field research with a qualitative approach. The main techniques in collecting data are observation, and interviews conducted at the Jember Class IIA Penitentiary. The results of the study indicate that the social condition of the elderly must be considered, because of their psychological or mental condition when facing stressful situations. The provision of personal social guidance is very appropriate to improve the quality of life after being fostered and in prison. Guidance is an effort to help individuals, especially the elderly, so that they can develop their competencies]]>
<![CDATA[Penerapan Peraturan Menteri Keuangan Nomor 184/PMK.03/2015 Tentang Pemeriksaan Terkait Pengajuan Restitusi Pajak (Studi : CV. AA) ]]>
<![CDATA[Ivan Jovi Hutauruk]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Sunarmi Sunarmi]]>;
<![CDATA[Jelly Leviza]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4564
<![CDATA[Taxes are state revenues that have a very important role in supporting the country's economy, which is used in state financing for the purpose of community welfare. In general, tax restitution relates to the right of the taxpayer to get a refund of the tax paid. The term tax restitution is contained in Law No. 16 of 2009 concerning General Tax Provisions (UU KUP). The purpose of this study is to answer legal issues related to tax refunds related to the regulation of the Minister of Finance. The research method used is normative juridical. Research result. Legal protection of the rights of taxpayers as can be interpreted as an effort to protect taxpayers from arbitrary acts of government in the field of taxation and regulation of administrative procedures so that taxpayers can receive their rights Conformity with the implementation of Regulation of the Minister of Finance Number 184 / PMK.03 / 2015 concerning Governance Examination method by exercising the authority of the tax authorities]]>
<![CDATA[Analisis Yuridis Terhadap Upaya Hukum Pembelaan Advokat Terhadap Tersangka Korupsi Yang Menghalang-Halangi Penyidikan KPK (Studi Putusan No. 09/Pidsus-TPK/2018) ]]>
<![CDATA[Taufiq Nugraha Syahputra]]>;
<![CDATA[Edi Warman]]>;
<![CDATA[Edi Yunara]]>;
<![CDATA[M Hamdan]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4878
<![CDATA[This study aims to analyze the position of advocates in carrying out their duties and obligations as part of law enforcement in Indonesia, and to examine the factors that cause advocates to hinder legal actions in investigating corruption crimes carried out by KPK investigators. As well as to examine criminal liability for the actions of advocates that hinder the investigation, prosecution and trial of perpetrators of corruption. This research is a normative legal research. With the nature of descriptive analytical research. This research was conducted using library research and qualitative data analysis. This study also uses interview guidelines as a data collection tool. This study resulted that the SN corruption crime committed by FY advocates in the Central Jakarta District Court Decision No. 09/Pidsus-TPK/2018 in the investigation process carried out by the KPK investigators was hampered, so that the investigation time could be extended and could delay the legal process. The prosecution and trial of the criminal act of corruption is an effort by FY advocates to save suspect SN from the snares of legal prosecution by the Public Prosecutor Criminal responsibility for the actions of lawyers who hinder the investigation, prosecution and trial of perpetrators of criminal acts of corruption is that the act is against the law of Article 21 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption]]>
<![CDATA[Analisis Yuridis terhadap Korban Penyebaran Berita Bohong (Hoax) di Media Sosial ]]>
<![CDATA[Ridho Mubarak]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4214
<![CDATA[Technological developments make it easier for people to get any information from various social media applications including Instagram, LINE, and Whatsapp, but it is easier for irresponsible parties to consciously spread false information. Social media is different from the mass media which is used to disseminate information and news, this is because social media is not organized or institutionalized. So that if any news broadcast turns out to be fake news (hoax), the mass media can be sued or held accountable for broadcasting hoaxes. This research is a normative empirical legal research which is descriptive analytical in nature, meaning that this research does not only describe by analyzing a situation or symptom, both at a positive legal level but also wants to provide proper regulation (das sollen) and solve legal problems related to hoax crime. The data collected using literature review and document analysis aims to provide an overview of the legal regulations governing these indirect victims. As for the results of the research, it is hoped that efforts should be made by the police to protect the people who are disadvantaged by this hoax.]]>
<![CDATA[Analisis Hukum Penggunaan Tenaga Kerja Asing Terhadap Pertumbuhan Ekonomi Di Kota Medan ]]>
<![CDATA[Fani Budi Kartika]]>;
<![CDATA[Erni Darmayanti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4162
<![CDATA[In line with the movement and development of globalization which encourages the movement of capital flows to all corners of the world, then there is also a fairly large movement of population or labor between countries. This is a factor that the owners of capital certainly need skilled workers who can manage their investment in the destination country. This study aims to analyze and provide the basic concept of implementing the protection of the Manpower Act Number 13 of 2003 for foreign workers in Medan City and to analyze whether the use of foreign workers in Medan City has an effect on economic growth or on the contrary has an impact on economic decline and reduced employment opportunities for local workers in Medan City. This research uses normative and doctrinal research, which is a descriptive qualitative research. The results of this study are that in Law No. 13 of 2003 concerning Manpower, the regulation on the use of foreign workers is contained in Chapter VIII, Article 42 to Article 49. And there is an effect of the use of foreign workers in Medan on the increase in the economy of Medan City]]>
<![CDATA[Pengaruh Partai Politik Bagi Pendidikan Politik Pemilih Pemula Pada Pemilihan Walikota Kota Medan Tahun 2020 ]]>
<![CDATA[Benito Asdhie Kodiyat MS]]>;
<![CDATA[Andryan Andryan]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4744
<![CDATA[The implementation of decentralization will be successful if the process of determining regional heads is not in the shadow of the national political elite. More broadly, this did not provide an opportunity for people in the city of Medan to freely determine their future leader. At some level, such a process would destroy regional democratization. Therefore, the problem to be examined is how the influence of the centralization of political party policies in relation to the election and determination of regional head candidates carried out by political parties, we need to discuss in advance what causes the direct implementation of regional head elections and how the role of political parties in recruiting candidates. District head. The research method used is normative legal research. The results show that the regional head elections that have undergone a shift from indirect elections in the DPRD to direct elections by the people have constructive consequences for democracy and the concept of people's sovereignty in the context of elections and the role of political parties which are very strategic because they are able to carry regional head candidates to become head candidates. regions in regional head elections experience conceptual ambivalence, and also political parties have a dominant influence on first-time voters in the 2020 Medan mayoral election]]>
<![CDATA[Konstitusionalitas Perbuatan Tidak Menyenangkan Sebagai Tindak Pidana Ujaran Kebencian: Analisis Surat Edaran Kapolri Nomor: Se/6/X/2015 ]]>
<![CDATA[Peter Jeremiah Setiawan]]>;
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Vincentius Sutanto]]>;
<![CDATA[Marchethy Riwani Diaz]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v8i1.4277
<![CDATA[This article aims to analyze the position of unpleasant acts as a form of hate speech (haatzaai articlesen), which in fact the concept of unpleasant acts has been eliminated by the Constitutional Court Decision Number 1 / PUU-XI / 2013, The problem is focused on the constitutionality of wrongdoing. fun as a form of hate speech (haatzaai articlesen). In order to approach this problem, a theoretical reference from the element theory of crime and the theory of constitutionality of norms is used. This research is a normative legal research, so that the data is collected through literature studies, both on primary, secondary and tertiary legal materials. This research was analyzed qualitatively. This study concludes that: (1) With the Constitutional Court Decision Number 1 / PUU-XI / 2013 which is legally binding, then every legal norm in statutory regulations made after the Constitutional Court Decision must comply with the provisions with does not bring back the existence of the phrase "unpleasant actions". (2) Chief of Police Circular Number: SE / 6 / X / 2015 is not a statutory regulation (regeling), but a policy regulation (beleidsregel) which juridically results in the lack of authority to create new norms or restore the existence of norms that have been abolished by the Constitutional Court, so the concept of unpleasant acts in such a Chief of Police Circular is unconstitutional.]]>
