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JUNCTO: Jurnal Ilmiah Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27229793     DOI : 10.31289
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 5 Documents
 1 
Search results for , issue "Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember" : 5 Documents clear
Analisis Yuridis Persekongkolan Tender Rehabilitasi Jalan Dalam Perspektif Hukum Persaingan Usaha (Studi Kasus Putusan Nomor 14/KPPU.1/2018) Abdul Hafiz Rangkuti; Taufik Siregar; Zaini Munawir
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1360

Abstract

In general, what is said to be conspiring is cooperation carried out by business actors with other parties at the initiative of anyone and in any way in an effort to win bidders. The purpose of the research is to find out and understand how the regulation regarding tender conspiracy according to business competition law in Indonesia, to know and understand the proof of tender conspiracy as well as to know and understand how the application of business competition law in decision Number 14/KPPU.I/2018. The method used in this paper is normative juridical, namely a research method that examines document studies, by using various data such as legislation, legal theory of court decisions.The result of the research written in this thesis is that the regulation regarding tender conspiracy is regulated in Article 22 of Law no. 5 of 1999 and regulated in Perkom No. 1 of 2019, evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled and based on the evidence in Article 45 of Perkom No.1 of 2019 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 is to provide administrative action in the form of a fine to punish the Reported Party I and II in the amount of Rp.1,769,000. 000, which must be deposited into the State Treasury. The conclusion of the arrangement regarding tender conspiracy is regulated in Article 22 of Law No. 5 of 1999 and regulated in Perkom No. 1 of 2019. The evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 provides administrative action in the form of a fine.
Analisis Yuridis Permohonan Pailit Pt. Bina Karya Sarana Oleh Kreditur (Studi Putusan No. 6/Pdt. Sus-Pailit/2018/PN.Niaga.Medan) Ilham Rizki Hutabarat; Marsella Marsella; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1365

Abstract

An application for bankruptcy is usually made on the grounds that neither he nor the business activities he carries out are able to carry out all of his obligations. In this case, the factors that cause bankruptcy are because the debtor is unable to pay his debts to one or more creditors whose due date for payment of debt repayments has fallen. The debtor's inability occurs because his debts are greater than his assets. This research uses a normative juridical law research method, the nature of the research is descriptive analytical with a literature study approach and a field study at the Medan Niaga District Court, then analyzed qualitatively. The responsibility of PT. Bina Karya Sarana against creditors who apply for bankruptcy is to pay all debts that exist on creditors with all debtor assets by law as collateral for debtor debts, all debtor assets are in general confiscation from the time the bankruptcy decision is pronounced. The judge's consideration in giving the bankruptcy decision on the decision no. 6/Pdt.Sus-Pailit/2018/ PN Niaga Medan, based on Law No. 37 of 2004 by examining the evidence provided by the applicant, and examining all legal facts that occurred during the trial process and, looking at the related elements Related articles contained in the lawsuit regarding the filing of bankruptcy in a limited liability company.
Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi Jihan Fadzillah; Zaini Munawir; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1364

Abstract

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.
Tinjauan Yuridis Perjanjian Jual Beli Berdasarkan Surat Pemesanan Barang Purchase Order) Antara PT. Union Confectionery Dengan PT. Industri Pembungkus Internasional Mitha Syahfitri; Anggreini Atmei Lubis; Aldi Subhan Lubis
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1368

Abstract

The purpose of this study is to find out whether a Purchase Order (PO) can be categorized as a sale and purchase agreement, what is the mechanism for implementing a sale and purchase agreement between PT. Union Confectionery with PT. International Packaging Industry (PT. IPI) and what are the rights and obligations of the parties in the sale and purchase agreement between PT. Union Confectionery with PT. IPI. The type of research in writing this thesis is normative juridical which is descriptive analysis in nature. The approach method in this study is the statutory approach. A Purchase Order (PO) can be categorized as a sale and purchase agreement because a Purchase Order has the same elements as a sale and purchase agreement as based on the principle of consensualism in the Civil Code. The mechanism for implementing the sale and purchase agreement between PT. Union Confectionery with PT. IPI is the provision of boxes and wrappers using the Purchase Order (PO) system. PT. Every time Union Confectionery places an order with PT. IPI by issuing Purchase Orders (PO) which include specifications, designs, details and quantities of goods. The payment method is 45 (forty five) days after receiving the goods. Rights and Obligations of the Parties in the Cooperation Agreement between PT. Union Confectionery with PT. IPI is PT. Union Confectionery has the right to accept cardboard orders from PT. IPI according to the specifications set by PT. Union Confectionery on Purchase Orders (PO), has the right to request returns for cardboard that does not meet specifications and is obliged to pay for the order. Rights and Obligations of PT. IPI is entitled to receive payments in accordance with the agreed timely, is obliged to make cardboard according to the specifications set by PT. Union Confectionery and is obliged to replace any cartons that do not conform.
Asas Kepastian Hukum Terhadap Kewenangan Inpektorat Dalam Penyelenggaraan Pengawasan Pemerintah Daerah Pandri Zulfikar
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1446

Abstract

Constitutionally the Regional Government has the authority to regulate and manage its own Government Affairs, the Principles of Autonomy and Co-Administration are given the widest possible autonomy. The legal basis for the authority of district/city regional inspectors in Indonesia is in Law Number 23 of 2014 concerning Regional Government in conjunction with Government Regulation of the Republic of Indonesia Number 60 of 2008 concerning the Government's Internal Control System in conjunction with Government Regulation of the Republic of Indonesia Number 18 of 2016 concerning Regional Apparatuses in conjunction with Regulations Government of the Republic of Indonesia Number 12 of 2017 concerning Guidance and Supervision of the Implementation of Regional Government in conjunction with Presidential Regulation Number 54 of 2010 concerning Government Procurement of Goods/Services in conjunction with Minister of Home Affairs Regulation Number 64 of 2007 concerning Technical Guidelines for the Organization and Working Procedures of Provincial and Regency/City Inspectorates. Government Internal Supervisory Apparatus (APIP), the author conducts research, studies, and analyzes how the mechanisms for strengthening regional inspectorate institutions in supervising local governments and how are the mechanisms for strengthening regional inspectorate institutions in carrying out supervision on regional governments. Types of normative legal research related to laws and regulations, are descriptive in nature, namely describing the symptoms that exist in the community towards those being studied. A qualitative approach produces descriptive data with the aim of understanding the symptoms studied. Normative legal research, namely: Primary legal material is what binds people to comply with laws and regulations, and judge's decisions. Secondary legal materials explain primary legal materials. Tertiary Legal Materials supports primary legal materials and secondary legal materials, namely the Big Indonesian Dictionary and the black's law dictionary. Theoretical study is the Principle of Legal Certainty is a justifiable protection against arbitrary actions, which means that someone will be able to obtain something that is expected in certain circumstances (Soedikno Mertokusumo. 1999). The research results of researchers, supervisory duties, mechanisms, structural positions that are appointed and dismissed, are under and are responsible for the regional head of the Regent/Mayor. strengthening the independence of tasks and supervisory authority, so that they can run effectively, namely they are no longer responsible to the Regent/Mayor but at a higher level/equivalent to the regional secretary to become echelon II/a.

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