cover
Contact Name
Agung Suharyanto
Contact Email
agungsuharyanto@staff.uma.ac.id
Phone
+628126493527
Journal Mail Official
juncto@uma.ac.id
Editorial Address
Jurusan Hukum, Fakultas Hukum, Universitas Medan Area, Jalan Kolam No. 1, Pasar V, Medan Estate, Sumatera Utara
Location
Kota medan,
Sumatera utara
INDONESIA
JUNCTO: Jurnal Ilmiah Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27229793     DOI : 10.31289
Core Subject : Social,
JUNCTO: Jurnal Ilmiah 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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 78 Documents
Penerapan Sanksi Hukum Tindak Pidana Pemerkosaan Yang Dilakukan Oleh Anak (Studi Putusan No. 65/Pid.Sus-Anak/2017/PN. Mdn) Sharon Yudha Ginting; Anggreini Atmei Lubis; Rizkan Zulyadi
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.187 KB) | DOI: 10.31289/juncto.v1i2.201

Abstract

Rape by some groups is grouped into acts of violence against women, even in some cases that often arise, rape can be committed by a man against his wife, children (nephew) or women who are at home with him, so that various terms of marital rape, sexual abuse appear, and incest, better known generally as acts of violence against women. The type of research used is normative juridical, namely the type of research conducted by studying existing norms or legislation related to the issues discussed. Application of criminal sanctions against children who commit rape in Decision No. 65 / Pid.Sus-Anak / 2017 / PN. Mdn with imprisonment for 3 (three) years and 6 (six) months. Also impose a crime on the child by undergoing Job Training for 1 (one) month at Upt. LKPS-Child and Youth Social Services (PSAR) of the North Sumatra Province Social Service in Tanjung Morawa. The factors that cause the occurrence of criminal acts of rape committed by children are due to social factors, and mass media factors, because the defendant is often in the internet cafe, so he can often watch pornographic films and practice them against his own girlfriend, the defendant wants to be responsible for his actions, but because there is no money and not approved by the family, the defendant is reported to the police to account for his actions.
Tinjauan Yuridis Tindak Pidana Pemalsuan Dokumen Pernikahaan Terhadap Anggota TNI Berdasarkan Undang-Undang Nomor 25 Tahun 2014 (Studi Kasus Putusan No: 44-K/PM.I-02/AD/IV/2018 Pengadilan Militer I-02 Medan) Agung Poso Siregar; Ridho Mubarak; Alvin Hamzah
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.525 KB) | DOI: 10.31289/juncto.v1i1.189

Abstract

Legal arrangements regarding falsification in the Military Disciplinary Law and knowing the application of criminal law in military justice in the falsification of marriage data documents in decision No. 44-K / PM.I-02 / AD / IV / 2018. This type of research is used normative juridical. Retrieval of data in this study is by taking a copy of the decision regarding the problem of falsification of data falsification documents carried out by individual TNI. The application of criminal law against the perpetrators of falsified criminal acts in the examination of the decision Number: 44-K / PM.I-02 / AD / IV / 2018, the defendant was charged using the indictment of Article 263 paragraph (2) of the Criminal Code and Article 279 paragraph (1) to -1 Criminal Code. Furthermore, the judges' legal considerations in imposing criminal sanctions on the defendant in the decision Number 44-K / PM.I-02 / AD / IV / 2018 the defendant was convicted with a basic prison sentence of 10 (ten) months and charged to pay the cost of a trial case because it was legally proven and convincing falsification.
Tinjauan Yuridis Terhadap Perjanjian Pekerjaan Optimalisasi Sistem Pengembangan Air Minum Ibu Kota Kecamatan Siantar Narumonda Kabupaten Toba Samosir (Studi Pada PT. Nugraha Tyaga Supala) Olivia Napitupulu; Rafiqi Rafiqi; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v1i2.208

Abstract

District Government Toba Samosir as an effort to optimize the drinking water development system in the region is carrying out the work of optimizing the drinking water supply system. In the agreement that acts as the employer is the official making commitment for the development of drinking water and sanitation in North Sumatra province in collaboration with PT. Nugraha Tyga Supala who acted as a contractor. The research method is normative juridical namely by reviewing document studies and conducting studies at PT Nugraha Tyaga Supala and conducting interviews with related parties. The procedure for implementing the contract of employment is in accordance with the provisions of the applicable law starting with the planning stage in advance, then the public tender process is carried out with the post-qualification method and the cover one method through an announcement by the employer. The rights and obligations of each commitment official namely the right to supervise and inspect the work and are obliged to pay for the work in accordance with the agreement in the contract, while the provider has the right to receive payment according to the contract value stated and is obliged to complete the work on the date in the contract and is responsible during the maintenance period.
Peranan Kepolisian Dalam Memberantas Tindak Pidana Pencurian Dengan Kekerasan Di Wilayah Patumbak (Studi Kasus Di Polsek Patumbak) Fransisco Lumban Batu; Taufik Siregar; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.959 KB) | DOI: 10.31289/juncto.v2i1.235

Abstract

Violent theft is one of the diseases of society which merges with crime, which in the historical process from generation to generation turns out that the crime is a crime that harms and tortures others. This type of research is normative juridical that is by means of library research. The results of this study are the role of the Patumbak police in violent theft as stipulated in Article 365 of the Criminal Code, in accordance with the duties and authorities of the police, conducting investigations and investigations as well as arresting the perpetrators and processing in accordance with applicable legal provisions, the factors causing the crime of theft with violence in the Patumbak Sector Police Sector are due to economic factors, social factors and illegal drugs, education factors and also the lack of guidance. Obstacles in efforts to deal with violent theft due to the lack of police personnel in the field in the Patumbak Sector Police area, the ability of the police to handle cases is still lacking, the lack of tools needed by members of the National Police in handling cases and the vast area of the Patumbak Sector Police.
Tindak Pidana Penggelapan Dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. Mdn) Edianto Sihaloho; Ridho Mubarak; Riswan Munthe
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.265 KB) | DOI: 10.31289/juncto.v2i1.230

Abstract

The use of criminal law efforts as an effort to overcome social problems, including in the field of law enforcement policies to achieve the welfare of society in general. These developments have greatly influenced various parties / persons to carry out various ways in fulfilling their wishes, one of which is the embezzlement of the position stipulated in Article 374 of the Criminal Code. This study aims to determine the forms of embezzlement in the criminal law. The method used in this research is normative juridical and conducting direct interviews with the Judges involved in the decision based on the decision number: 1170 / Pid.B / 2016 / PN. MDN. The result of the research is that this form of embezzlement takes place in a position, that is, misusing an existing position Factors that cause embezzlement based on data obtained in general is the decline in employee mentality is one of the factors that cause embezzlement. The application of the criminal sanction of embezzlement in a position must first be seen from its elements. Where the penalty that can be imposed is contained in Article 374 of the Criminal Code.
Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak (Studi Putusan No. 67/Pid.Sus-Anak/2017/PN. Mdn) Muhammad Syahputra Lubis; Sri Hidayani; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (723.742 KB) | DOI: 10.31289/juncto.v1i1.202

Abstract

In the Indonesian constitution, children have a strategic role that is explicitly stated that the state guarantees the right of every child to survival, growth and development and to protect against violence and discrimination. This type of research is normative juridical and is analytical descriptive in nature. The legal consequences of criminal acts of theft committed by children are reviewed in Law No. 11 of 2012 is a two-year prison sentence because a child offender is proven to have committed the crime of theft by force. Judge's considerations on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing penalties on perpetrators of theft perpetrated by children is that the acts committed have fulfilled the elements in the indictment namely Article 365 paragraph 1 to 1e and to the Criminal Code , and considering incriminating matters, namely the perpetrators' actions which disturb the community and harming the victims, and consider mitigating matters, namely the defendant being polite and has never been convicted
Perlindungan Hukum Bagi Pekerja Kontrak Yang Mengalami Pemutusan Hubungan Kerja Pada Masa Kontrak (Studi Kasus Putusan Nomor : 82/Pdt.Sus-Phi/2016/PN. Mdn) Sintha Dewi Silalahi; Zaini Munawir; Muhammad Yusrizal Adi Syaputra
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (612.116 KB) | DOI: 10.31289/juncto.v1i2.199

Abstract

Work relationships that occur between companies are reciprocal relationships, i.e. relationships that need each other. The company will not be able to carry out its activities without having workers and vice versa. Individuals who work in a company certainly work to get a wage. Based on this relationship, each party, namely the company and workers, is protected by their rights and obligations. This type of normative juridical research is carried out by reviewing various formal legal rules such as laws, regulations and literature containing theoretical concepts which are then linked to the issues to be discussed. Data analysis is done by qualitative analysis, namely by interpreting the symptoms that occur, not in exposure to behavior, but in a tendency. The working relationship between the Plaintiff and the Defendant is in fact not fulfilling the requirements as described, namely a permanent work relationship, because the conditions that are not fulfilled so that the employment relationship between the Plaintiff and the Defendant must be interpreted as non-permanent work. The working relationship between the Plaintiff and the Defendant which is not permanent, then by itself can be the basis of the working relationship between the Plaintiff and the Defendant is made working relations based on the Specific Time Work Agreement (PKWT)
Tinjauan Hukum Terhadap Pemberian Pelayanan Kesehatan Dan Makanan Terhadap Narapidana ( Studi Kasus Di Lembaga Pemasyarakatan Tanjung Gusta Medan ) Aliftha Rozakiya; Agus Salim Daulay; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.863 KB) | DOI: 10.31289/juncto.v1i1.192

Abstract

In the Law of the Republic of Indonesia Number 12 Year 1995 regarding Penitentiary states that one of the rights of prisoners is to get adequate health and food services, health services and foods that meet health requirements. This research is a kind of juridical-empirical research with the fact approach and the statue approach. Data collection procedures used are interviews, documentation and observation. Data analysis uses descriptive qualitative analysis methods. The results of research that have been carried out that fulfillment of the rights of TanjungGustaLapas inmates in getting health and food services has been going well according to applicable laws and regulations. However, due to over capacity, health and food services are less than optimal. General obstacles faced by TanjungGustaLapas Medan officers are inmates who are not yet registered as BPJS holders, over capacity which causes health and food services as well as skills training for inmates less than optimal.
Tinjauan Yuridis Penyelesaian Sengketa Atas Pemakai Kartu Kredit Tipe Gold Dengan Bank Penerbit Kartu Kredit (Studi Putusan No. 161/Pdt-G/2017/PN. Mdn) Rahalim Raja Muda Harahap; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.559 KB) | DOI: 10.31289/juncto.v1i2.210

Abstract

The credit card business in the modern era is now in great demand by the public so it is not surprising that banks are competing to issue credit cards with very attractive facilities that create competition between banks in Indonesia. This type of research is normative research, namely the type of research conducted by studying existing norms or legislation related to the issues discussed. The legal basis for credit card issuance is an agreement agreed by the parties, Act Number 3 of 2004 concerning Bank Indonesia. Law Number 10 of 1998 concerning National Banking. Decree of the Minister of Finance Number 1251 / KMK. 013/1988 Regarding the Provisions and Procedure for the Implementation of Bank Indonesia Regulation Financing Institutions Number 7/52 / PBI / 2005 concerning the Implementation of Card-Based Payment Instrument Activities, dated 28 December 2005, updated with Bank Indonesia Regulation Number 10/8 / PBI / 2008. Article 16 A and Article 16B of Bank Indonesia Regulation Number 14/2 / PBI / 2012. Factors that cause credit card disputes are delays and the inability to use credit cards to pay bills on their credit cards. Dispute Resolution in Decision No. 161 / Pdt.G / 2017 / PN. Mdn. Settlement is done through the Medan District Court because there is no settlement through consultation
Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah Faisal Fahmi Siagian; Jamilah Jamilah
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.609 KB) | DOI: 10.31289/juncto.v2i1.238

Abstract

Government Regulation in Lieu of Law (Perpu) is one type of statutory regulation that must exist in the legal system of the Republic of Indonesia as one of the logical consequences of adopting a presidential system in the government of the Republic of Indonesia whose existence is always maintained throughout the Indonesian constitution. This type of research is normative juridical research and is descriptive qualitative in nature. Data collection methods are library research and field study. The affirmation of the benchmarks of the establishment of the Government Regulation in lieu of this Act has a fundamental difference regarding the urgency of the law according to the 1945 Constitution prior to the amendment to the 1945 Constitution which is currently in force as the result of the 4th amendment. After the reformation, there have been 2 (two) laws governing regional autonomy, especially with regard to regional head elections, namely Law Number 22 of 1999, which was then replaced by Law Number 32 of 2004. The issuance of Perpu Number 1 of 2014 which is a Amendments to Law No. 32/2004 were first proposed for amendments by the Government in this matter proposed by the Minister of the Interior.