ARBITER: Jurnal Ilmiah Magister Hukum
ARBITER: Jurnal Ilmiah Magister 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. All papers are peer-reviewed by at least two referees.
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<![CDATA[Analisis Hukum terhadap Benda Jaminan Fidusia yang Digadaikan oleh Debitur Kepada Pihak Lain ]]>
<![CDATA[Pasaribu, Enni Martalena]]>;
<![CDATA[Minin, Darwinsyah]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Ramadhan, M. Citra]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i1.105
<![CDATA[The research aims to examine the transfer of ownership rights of an object on the basis of trust provided that the object whose ownership rights are transferred remains in the possession of the owner of the object. While the fiduciary guarantee is a fiduciary guarantee institution that can be used to bind the collateral object in the form of movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights. But sometimes the fiduciary collateral is not always the fiduciary giver (debtor) as is mortgaged. Based on this the authors are interested in conducting more in-depth research about collateral objects that are mortgaged by the debtor to other parties. The approach method used in this research is empirical juridical. The data obtained is guided by the empirical aspects that are used as a tool. The research results obtained that the provisions regarding fiduciary guarantees are regulated in the contractual agreement clause by the finance company (PT. SMS Finance and PT BAF Medan Branch) and if not clearly regulated then the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees apply.]]>
<![CDATA[Analisis Hukum Perpajakan terhadap Investasi Properti Terkait dengan Penerimaan Pajak di Kota Medan ]]>
<![CDATA[Budiman, Syarioto]]>;
<![CDATA[Ginting, Budiman]]>;
<![CDATA[Maharani, Utary]]>;
<![CDATA[Lubis, Anggreni Atmei]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v2i1.99
<![CDATA[The method used in this research is normative juridical approach is prescriptive to examine the sources of literature relevant to the theme of research, including research on the general principles of law, legislation, as well as provisions on the cash receipts from the tax sector property. Implementation of the UN tax collection and BPHTB include data collection, assessment, determination, administration and comprehensive services, of course this is not easy and has many obstacles. The obstacles encountered in the area of property tax collection comes from internal and external side. In terms of internal investment required a high cost in the provision of facilities, shortage of human resources in collecting taxes, updating the data base, while in terms of the external is the awareness of the community in paying taxes, their mode of misappropriation of law and the administration of the taxpayer, as well as the role of notary still less than the maximum help in the collection of property taxes.]]>
<![CDATA[Peranan Petugas Imigrasi Terhadap Pengungsi Di Indonesia Terkait Dengan Berlakunya Undang-Undang Nomor 6 Tahun 2011 ]]>
<![CDATA[Rajagukguk, Eko Yudis Parlin]]>;
<![CDATA[Suhaidi, Suhaidi]]>;
<![CDATA[Leviza, Jelly]]>;
<![CDATA[Lubis, Anggreni Atmei]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i1.97
<![CDATA[Nowadays, the refugees’ 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.]]>
<![CDATA[Peran Polri dalam Menyelesaikan Perkara Pemakaian Tanah Tanpa Izin dari yang Berhak atau Kuasanya yang Sah ]]>
<![CDATA[Silaban, Jefriadi]]>;
<![CDATA[Minin, Darwinsyah]]>;
<![CDATA[Zul, Muaz]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i2.119
<![CDATA[The formulation of the problem in this study is how the authority of investigators to handle cases of land use crime without permission from the rightful or legal authority and how to enforce the law against the land user without the permission of the rightful or authorized attorney in the North Sumatra Regional Police jurisdiction and its obstacles . Then the research method used is descriptive with normative juridical approach. The results of the research at the Directorate of Criminal Investigation of the North Sumatra Regional Police that, who conduct investigations into criminal cases of land users without the permission of the rightful or authorized attorney only at the Directorate of Criminal Investigation of the North Sumatra Police. Based on Article 166 paragraph (3) letter f of the National Police Chief Regulation Number 22 Year 2010 Concerning Organizational Structure and Work Procedures at the Regional Police Level (Polda), Ditsabhara carries out the technical fostering function of maintaining public order in the form of law enforcement of minor criminal offenses and TPTKP. As a result, the case settlement rate is low each year, ranging from 17.56% to 48.7%. This condition can lead to embezzlement of cases (quo vadis) and loss of public confidence in the performance of the North Sumatra Regional Police Directorate General Criminal Investigation.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Kekerasan: Studi Kasus Putusan Pengadilan Negeri Gunungsitoli ]]>
<![CDATA[Hia, Hipotesa]]>;
<![CDATA[Mulyadi, Mahmud]]>;
<![CDATA[Siregar, Taufik]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i2.114
<![CDATA[The purpose and benefits of this research are to find out violence against children in Gunungsitoli court, to find out legal efforts in protecting children against child abuse, to find out the inhibiting factors in protecting children in Gunungsitoli District Court. The benefit is to provide input to the Gunungsitoli district court regarding legal protection for victims of violence. This research is analytical descriptive, which means describing the facts studied and the relationship with the legislation, theories, and opinions of legal experts. Conclusions and advice on legal protection according to positive law Indonesia never guarantees the fulfillment of children's rights, especially the rights of children who receive an education. Hereby the state's legal obligations in child protection will depend on the positive laws that exist in the country, so that child protection can be adequate in the application of children, and efforts to protect children need support from the government and the community in terms of effective and comprehensive child comfort. In this case, given the increase in violence against children every year, it is necessary to have the legal protection that must be taken seriously by the government, the community and other non-governmental organizations.]]>
<![CDATA[Analisis Yuridis Kewenangan Penyitaan Harta Kekayaan Wajib Pajak oleh Juru Sita Pajak ]]>
<![CDATA[Julianty Siregar, Riana]]>;
<![CDATA[Barus, Utary Maharany]]>;
<![CDATA[Siregar, Taufik]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v2i1.124
<![CDATA[Tax collection in the form of confiscation is a follow-up to the implementation of forced tax collection due to the tax paid not being paid 2x24 hours after the date of notification with the statement and submission of the forced letter to the tax guarantor. The exercise of the authority of the tax bailiff at the East Medan Pratama tax service office is based on tax legislation in the area of taxation, which involves confiscation and hostage taking. In addition, the tax bailiff is also given the authority to enter and inspect all rooms including opening cabinets, drawers and places. others to find confiscated objects at the place of business, at the domicile, or at the place of residence of the tax guarantor, or at other place that can be suspected as a place to store confiscated objects in accordance with the provisions contained in Article 5 paragraph (3) of Law Number 19 of 2000 concerning Tax Collection by Forced Letter.]]>
<![CDATA[Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia ]]>
<![CDATA[Saragih, Benny Leonard]]>;
<![CDATA[Ediwarman, Ediwarman]]>;
<![CDATA[Zul, Muaz]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i1.107
<![CDATA[Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.]]>
<![CDATA[Pelaksanaan Peraturan Menteri BUMN Nomor: PER-01/MBU/2011 Tentang Penerapan Tata Kelola Yang Baik (Good Corporate Governance) Pada BUMN (Studi Kasus Di PT Perkebunan Nusantara IV) ]]>
<![CDATA[Hartono, Rudi]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Muaz Zul, Muaz Zul]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v2i1.104
<![CDATA[Good Corporate Governance can be understood as a set of regulations governing Limited Liability relationship between shareholders, management companies and other stakeholders with regard to the rights and obligations, one of which is the decision-making at the Board of Directors and Board of Commissioners. The provisions stipulated in the Regulation of the Minister of SOE No. PER-01 / MBU / 2011, the publication of these regulations ultimately aims to create corporate governance that provides added value for all parties. The research method used is a normative legal research methods that are qualitative, such methods researchers conducted a discussion of the law in legislation through legal theories that found the answers to legal issues in accordance with applicable regulations. Barriers to implementation of Good Corporate Governance is composed of several factors, among others, legal, corporate culture and human resources, but the implementation of PT Perkebunan Nusantara IV remain committed. As part of its commitment to the forming section, which is responsible for monitoring and encouraging implementation of application in accordance with the provisions of the Law. ]]>
<![CDATA[Penyidikan Terhadap Tindak Pidana Penyalahgunaan Izin Lokasi ]]>
<![CDATA[Saragih, Julimaster]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Zul, Muaz]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i1.100
<![CDATA[Investigation This research has the aim of investigating and investigating a series of actions in terms of and in a way that will be stipulated in the law to find and gather evidence with evidence that makes minor violations occur and to determine suspects. This research is analytical descriptive with a normative juridical approach, using library materials (secondary material) or library law research that is broadly addressed to: research the principles of law, research on legal systematics, research on law synchronization, research on legal history and research against legal comparison. The results and discussion found that the location permit was issued by the Medan City Integrated Licensing Services Agency after obtaining the minutes of land technical considerations issued by the Medan City Land Office. The location permit is based on the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 5 of 2015 concerning Location Permit. The form of abuse of the location permit holder is to release the land area not to the actual rights holder but to an unauthorized third party, namely the cultivating community, which subsequently the location permit holder controls and manages the land. (Law Number 51 PRP of 1960 Article 6 Concerning Prohibition of Use of Land Without a Right or Authorized Authority).]]>
<![CDATA[Analisis Terhadap Putusan Hakim Praperadilan di Pengadilan Negeri Medan ]]>
<![CDATA[Sipayung, Jekson]]>;
<![CDATA[Suhaidi, Suhaidi]]>;
<![CDATA[Harianto, Dedi]]>;
<![CDATA[Zulyadi, Rizkan]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v1i2.120
<![CDATA[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.]]>
