JUNCTO: Jurnal Ilmiah Hukum
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
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<![CDATA[Peranan Kepolisian Dalam Memberantas Tindak Pidana Pencurian Dengan Kekerasan Di Wilayah Patumbak (Studi Kasus Di Polsek Patumbak) ]]>
<![CDATA[Fransisco Lumban Batu]]>;
<![CDATA[Taufik Siregar]]>;
<![CDATA[Muazzul Muazzul]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.235
<![CDATA[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.]]>
<![CDATA[Tindak Pidana Penggelapan Dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. Mdn) ]]>
<![CDATA[Edianto Sihaloho]]>;
<![CDATA[Ridho Mubarak]]>;
<![CDATA[Riswan Munthe]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.230
<![CDATA[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.]]>
<![CDATA[Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah ]]>
<![CDATA[Faisal Fahmi Siagian]]>;
<![CDATA[Jamilah Jamilah]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.238
<![CDATA[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.]]>
<![CDATA[Peran Kepolisian Dalam Pencegahan Tindak Pidana Pembunuhan Disertai Pemerkosaan (Studi Kasus Polsek Labuhan Ruku Kec. Talawi : Kabupaten Batubara, Sumatera Utara) ]]>
<![CDATA[Muhammad Khotomi Tarigan]]>;
<![CDATA[Abdul Lawali Hasibuan]]>;
<![CDATA[Rizkan Zulyadi]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.231
<![CDATA[Article 16 of the Republic of Indonesia Law No. 2 of 2002 concerning the Indonesian National Police, is a State tool that plays a role in maintaining public order and security, in the context of maintaining domestic security. This type of research in this thesis is empirical juridical and library research methods and field research that is by conducting direct research into spaciousness. In this case the researchers directly conducted research into the Labuhan Ruku Sector Police (POLSEK), Talawi District, Batubara District, North Sumatra. The research results obtained are the crime of murder can occur due to factors that support the occurrence of the act of murder that can be caused through many things including through, conditions, circumstances and so forth that provide space for the occurrence of these things. The role of the police investigator is to uncover the occurrence of a criminal act of murder through a series of acts of search and examination of matters relating to the murder case. Obstacles faced by investigators in uncovering murder cases include, the lack of equipment and facilities and also the absence of witnesses that complicate the examination process.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Tindak Pidana Pencurian Ditinjau Dari Kajian Victimlogi (Studi Putusan No : 20/Pid.B/2017/PN. Mdn) ]]>
<![CDATA[Jhovindo Sitorus]]>;
<![CDATA[Rizkan Zulyadi]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.232
<![CDATA[Protection against victims of theft is a protection according to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, all efforts are to fulfill rights and provide assistance to provide security to victims that must be carried out by the Witness and Victim Protection Agency (LPSK) or other institutions according to criteria. This protection is given at all stages of the criminal justice process within the judicial environment. The following are the rights of victims and witnesses in Law Number 13 of 2006 concerning Protection of Witnesses and Victims Article 5. The research method in this paper is a normative method that collects library data. The results and discussion of this study is about the protection of victims of theft based on the decision number: 20 / Pid.B / 2017 / PN. Mdn, based on the principle or theory of justice is not fair because there is no restitution or compensation to the victim, and the judge's consideration is to pay attention to things that are lightening and burdensome and pay attention to the absence of justification and forgiveness reasons for imposing a criminal sentence in the form of imprisonment for 2 years against the perpetrators.]]>
<![CDATA[Tinjauan Yuridis Terhadap Perjanjian Pemborongan Bangunan Gedung Badan Pengelolaan Pajak Dan Retribusi Provinsi Sumatera Utara ]]>
<![CDATA[Tuti Indah Sari]]>;
<![CDATA[Abdul Lawali Hasibuan]]>;
<![CDATA[Rafiqi Rafiqi]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.205
<![CDATA[Implementation of building contract agreement for building "North Sumatra Provincial Tax and Retribution Management Agency at PT. Betesda Makmur "Agreement on building contract for PT. Betesda Mandiri is more than where the party giving the job contract is apart from the private sector besides the emergence of this agreement is simpler that can be by selecting contractors with negotiations and by selecting contractors with limited tenders. The research method used is Normative Juridical, and data collection techniques used are the library research. Implementation of building contract agreement for building "Management of Regional Tax and Retribution in the province of North Sumatra at PT. Betesda Mandiri "Building contract agreement at PT. Betesda Mandiri arises more from the party providing jobs from the private sector. In addition to the process for the emergence of this agreement, it is simpler, that is by selecting contractors, negotiating with a limited selection tender. During the development process there were no obstacles that occurred during the construction, all in accordance with what was planned during the agreement. If there is a party that carries out a default, sanctions may be imposed in accordance with those stated in the agreement.]]>
<![CDATA[Pelaksanaan Gadai Emas Dengan Sistem Syariah Di Bank Mandiri Syariah Cabang Kisaran ]]>
<![CDATA[Jhon Amri S Pasaribu]]>;
<![CDATA[Elvi Zahara Lubis]]>;
<![CDATA[Muhammad Yusrizal Adi Syaputra]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.233
<![CDATA[Profit sharing system in Islamic banks is one of the uses of sharia principles because interest is contrary to Islamic law. This type of research used in this study is normative legal research and the nature of the research is analytical descriptive. Sources of data used in this study are secondary data and primary data. The results of the study are the implementation of a gold pawning system with sharia at Bank Mandiri Syariah Kisaran Branch Office using 3 (three) contracts on gold-backed qaradh products, rahn contracts for gold binding and ijarah contracts for binding utilization of gold storage and maintenance services as collateral for loan funds. The implementation of the gold pawning is in accordance with the rules of Islamic law and sharia principles regarding gold rahn. The obstacles that arise in the implementation of the gold pawning with the sharia system that is not understanding the mechanism of rahn contract, customers who are not disciplined in paying installments so that when the gold is mortgaged auctioned auctioned by the bank and collateral carried by the customer does not comply with the specified specifications by the bank.]]>
<![CDATA[Penerapan Hukum Terhadap Tindak Pidana Pembunuhan Dengan Sengaja Merampas Nyawa Orang Lain (Studi Kasus Nomor Putusan 616/Pid.B/2015/PN. Lbp) ]]>
<![CDATA[Martinus Halawa]]>;
<![CDATA[Zaini Munawir]]>;
<![CDATA[Sri Hidayani]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.228
<![CDATA[A fact that in the association of human life, individuals and groups, there are often deviations from the norms of his life, especially known legal norms. Where in mutual human association, this deviation of legal norms is referred to as a criminal offense. In recent years there has been more and more crime against human souls in society. The research method used in this study is the Library Research and Field Research. Judge's consideration or Ratio Decidendi is an argument or reason used by the judge as a legal consideration that becomes the basis before deciding a case. In practice before this juridical consideration is proven, the judge will first withdraw the facts in the trial that arises and constitute the cumulative conclusions of the witnesses' statements, the defendant's statements, and the evidence. The application of the law in this case to the murder case is legitimate while in reasonable terms because the application of the law must be in accordance with what was done by the perpetrators because the deterrent effect that is expected in the application of this law is very important.]]>
<![CDATA[Penerapan Undang-Undang No. 32 Tahun 2009 Dalam Pengelolahan Limbah Cair di Usaha Dagang Tahu Jawa (Studi Kasus di Pabrik Tahu Usaha Dagang Jawa) ]]>
<![CDATA[Muhammad Reza Novindri]]>;
<![CDATA[Sri Hidayani]]>;
<![CDATA[Elvi Zahara Lubis]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.234
<![CDATA[Tofu Industry Java Trading Business is an industrial factory engaged in food production that produces tofu. This industry was founded in 2009 which started with his two children who already had experience working in the tofu factory industry not far from their homes. This type of research is normative juridical namely the type of research conducted by studying written regulations so that this research is very closely related to the library. The results of the study are the level of danger from the liquid waste of tofu factory in the tofu trade business Java is not managed properly is damage to the quality of the environment, especially waters as one of the needs of humanity and other living things. Factors that caused the management of liquid waste did not go well according to Law number 32 of 2009, namely the ignorance of the entrepreneurs themselves, factors of education level, economic factors of entrepreneurs, government participation and law enforcement, factors of the role of the community and the role of the community in manage the environment. The legal consequences of these actions are written reprimands, government coercion, freezing of environmental permits, revocation of environmental permits.]]>
<![CDATA[Penerapan Restorative Justice Dalam Pengungkapan Kasus Penganiayaan Di Kepolisian Resort Dairi ]]>
<![CDATA[Feri Pasu Manaek Galingging]]>;
<![CDATA[Ridho Zulyadi]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v2i1.229
<![CDATA[Implementation of the principle of restorative justice on the crime of persecution is still many pros and cons. For the investigator is not easy to settle the criminal act of persecution with the principle of restorative justice because there must be agreement between the victim's family and the perpetrator. Research method in writing this thesis is Library Research and Field Research. Implementation of the principle of restorative justice in the process of investigation of children as perpetrators of criminal acts of persecution, investigators have opinions that are different from the Law of the Criminal Justice System of Children. Implementation of the principle of restorative justice in the settlement of criminal acts of mistreatment committed by a child is performed after the process of conversion if the diversion fails and without the existence of a third warning letter and the determination of the court. The obstacles faced by the Dairi Regional Police are that there is no meeting point between the perpetrators and the victims and their families, the families of the victims object to the perpetrators and expect the perpetrators to be punished severely, the victims and perpetrators do not want to make peace through diversion.]]>
