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DETERMINING FACTORS OF MEDIATOR'S SUCCESS IN METRO RELIGIOUS COURTS Muhammad Rendi
Jurnal Multidisiplin Sahombu Vol. 1 No. 02 (2022): Jurnal Multidisiplin Sahombu, January 2022
Publisher : Sean Institute

Mediation is an alternative dispute resolution that can be used by court parties. This institution provides an opportunity for the parties to play a role in resolving disputes with the assistance of a third party, namely a mediator. The parties to the dispute or litigation in court must of course go through a mediation process first. The mediation process in resolving cases is forced or compulsory. Therefore, the parties to the litigation have no choice but to comply. The religious court as one of the implementers of judicial power has practiced mediation in the case settlement process. Theoretically, dispute resolution through mediation in the Religious Courts brings a number of advantages, Among other things, cases can be resolved quickly and at low cost and reduce congestion and build-up of cases (court congestion) in the Court. What is the success rate of mediators at the Metro Religious Courts and what are the determinants of the success of mediators at the Metro Religious Courts? This study aims to determine the success rate of mediation and the determinants of the success of the mediator at the Metro Religious Court. This type of research is field research, namely this research was conducted at the Metro Religious Court. Sources of data used in this study are primary data sources, namely sources obtained directly from Mediator Judges who carry out mediation efforts at the Metro Religious Courts and secondary data sources, namely data sources obtained from records and books related to the problems studied. The data collection technique in this research is the interview and documentation method. Then the data analysis used is descriptive qualitative analysis. Based on the research that has been done, it can be concluded that the determining factor for the success of the mediator at the Metro Religious Court is the level of public awareness in undergoing the mediation process is very low. It is based on psychological, good faith, and moral and spiritual parties. Supporting facilities and facilities at the Metro Religious Courts are not yet ideal.

DUE TO THE LEGAL TERMINATION OF MOTOR VEHICLE INSURANCE AGAINST THE INSURANCED HIMALAYA INSURANCE COMPANY IN BENGKULU CITY Amelia Nindi Astuti
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

The purpose of this study is to examine the basis for termination of coverage at the Himalayan Insurance Company for the coverage of four-wheeled motor vehicles (cars) against the Insured, and the rights of the Insured in terminating the coverage of four-wheeled motor vehicles (cars) carried out by Himalayan Insurance Companies. The results showed that (1) Central Hilmalaya Insurance with the Consumer Finance Company PT. Oto Multiartha Pusat cooperates in insuring motor vehicles whose four-wheeled motor vehicles (cars) are financed by the Consumer Finance Company PT. Oto Multiartha as a Financing Institution. Hilmalaya Insurance Company in Bengkulu City as the Insurer and the Consumer Finance Company PT. Oto Multiartha Bengkulu Branch as the Insured Party, both parties are bound by a Motor Vehicle insurance agreement. This Insurance Agreement is executed by the Consumer Finance Company PT. Oto Multiartha as the Insured can transfer the risk of the four-wheeled motorized vehicle (car) it finances if the Consumer has not paid off the credit. (2) The Insured's right to terminate the insurance for motor vehicles (cars) carried out by Himalaya Insurance Company against the Consumer Finance Company PT. Oto Multiartha must comply with the agreement made between the two parties and not conflict with the Standard Motor Vehicle Insurance Policy. There are two types of rights obtained by the Insured, namely: a. The insured is entitled to receive the remaining premium by means of prorated calculation by the insurer, b. The Insured is still entitled to transfer the risk of the object of the motor vehicle (car) to the Insurance company as long as the period has not expired. The insured only gets one of the 2 kinds of rights above

ANALYSIS OF THE EXISTENCE OF THE RIGHT TO REMAIN SILENT PRINCIPLE FOR THE SUSPECT AND THE DEFENDANT BASED ON THE BOOK OF CRIMINAL PROCEDURE AND PROJECTIONS IN CRIMINAL PROCESS Russiana Ika Puspitasari
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

This legal research aims to determine: (1) the existence of the guarantee of the right to remain silent for suspects and defendants in the criminal case process according to the Criminal Procedure Code, and (2) to find out the importance of the right to remain silent principle and future projections in the criminal case process. . The research method used in writing this law is a prescriptive normative research. The type of data used is secondary data. The secondary data sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique used is a literature study in the form of secondary data collection, by searching for data from books, documents, archives and legislation related to the object of research. The presiding judge of the trial recommended to answer and after that the examination was continued. And projections according to positive law in Indonesia, the principle of the right to remain silent KUHAP does not recognize the existence of the right to remain silent principle, the Criminal Procedure Code only mentions the issue of the right to remain silent principle in the examination stage at the trial, while in the pre-trial stage there are no arrangements .

ANALYSIS OF REJECTION OF APPLICATION FOR MARRIAGE ISBAT AND ORIGIN OF CHILDREN Nurhalimah Nurhalimah
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

Isbat marriage is a process of ratifying the marriage of a married couple who previously had a sirri marriage. The purpose of marriage isbat is to obtain a marriage certificate as proof of the validity of the marriage in accordance with the legislation in force in Indonesia. As stipulated in Law No. 1 of 1974 concerning Marriage, article 2 paragraph (2) and the implementation of marriage isbat is only intended for certain matters as in Article 7 paragraph (1), (2), (3) KHI. In the determination of the Blora Religious Court, it was found that there was a determination of the application for isbat marriage for sirri marriages which was accumulated with the determination of the origin of the child register Number: 0056/Pdt.P/2015/Pa.Bla. Panel of Judges at the Blora Religious Court. did not grant all requests. In the determination, a husband and wife want to ratify their sirri marriage and determine the child from the marriage as their legal child. number: 0056/Pdt.P/2015/PA.Bla?. What are the legal consequences for the determination of the case related to the protection of children's civil rights? This type of research is juridical-empirical research. The primary data used is the case file of the Blora Religious Court Number: 0056/Pdt.P/2015/Pa.Bla. and an interview with the Judge who decided the case Number: 0056/Pdt.P/2015/PA.Bla. Data collection techniques are interviews and documentation. while the analysis technique uses descriptive-analysis. The results showed that 1). the determination of the Blora Religious Court Number: 0056/Pdt.P/2015/PA.Bla in the case of the application for marriage isbat and the origin of the child is still not able to provide justice and benefits for the justice-seeking community. That is not being able to provide protection, especially to the child, even though the child was born as a result of a legal sirri marriage, it's just that according to state law the conditions and pillars are not fulfilled, because the woman is "still being someone else's wife" but has been divorced verbally and legally. abandoned for more than 3 years. This kind of prohibition or condition is actually a temporary prohibition, therefore the Panel of Judges should review the marriage ban. So in this case, it would be better if the Panel of Judges did not only look at the procedural law which only concerned with the formality aspect, but the Panel of Judges also looked at the case from the fiqh perspective. 2) While the legal consequences for the determination of the Blora Religious Court Number: 0056/Pdt.P/2015/PA.Bla against the rejection of the application for marriage isbat and the origin of the child, namely the child born as a result of the sirri marriage does not have civil rights from the father the biology. even though the child born from the legal marriage Bla against the rejection of the application for isbat marriage and the origin of the child, namely the child born as a result of the sirri marriage does not have civil rights from his biological father. even though the child born from the legal marriage Bla against the rejection of the application for isbat marriage and the origin of the child, namely the child born as a result of the sirri marriage does not have civil rights from his biological father. even though the child born from the legal marriage

JURIDICAL ANALYSIS OF THE CRIME OF EMPLOYMENT IN THE POSITION BY THE CASHIER AND ADMINISTRATIVE OFFICERS CV. RAJAWALI MAS PERKASA IN CASE NO. 49/PID.B/2016/PN.PBR Amri Albadru Lopa
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

Crimes and violations are complex phenomena that are understood from various different sides, so that comments or opinions about a crime and violation are often different from one another. Therefore, the legislators in this country focus on making and implementing regulations that apply to crimes and violations that arise against public order, scientific facts, criminal acts of decency, and crimes that threaten the security of the State in case No.49/Pid. .B/PN.Pbr. The main method in this study aims to find out the evidence of the elements of a criminal act imposed in the decision No.49/Pid.B/2016/PN. Pbr and to find out what is the basis for judges' considerations in imposing criminal charges against defendants of embezzlement in office by cashiers and administrative officers CV. Rajawali Mas Perkasa. The research used is library research and field research with descriptive research type, namely analyzing data obtained from field studies and literature by explaining and describing the reality of objects. The approach to the problem is carried out in a juridical manner, namely a study of the laws and regulations. The data used are primary data obtained directly from the object of research in the field and secondary data obtained from the results of library studies. This research was conducted at the Pekanbaru District Court. The result of this research is that it is known that the evidence for the elements of a criminal act applied in the case of Decision No.49/Pid.B/2016/PN.Pbr. evidence. The defendant was charged with committing a criminal act of embezzlement in office as contained in Article 374 of the Criminal Code and Article 372 of the Criminal Code. Knowing the basis of the judge's consideration in imposing a crime against the defendant of embezzling CV. Rajawali Mas Perkasa, where in this case the panel of judges decided that the defendant was proven to have violated the indictment of Article 374 of the Criminal Code regarding embezzlement, the panel of judges gained their conviction by emphasizing the legal values of the trial process, namely the evidence and facts revealed in court.

IMPLEMENTATION OF LAW NUMBER 35 OF 2014 CONCERNING PROTECTION OF CHILD AGAINST CHILD VIOLENCE IN THE SCHOOL ENVIRONMENT Dastina Dastina
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

The formulation of the problem in this study are 1) What is the role of the law on child protection against child abuse in the school environment? 2) Factors that support and hinder the implementation of child protection in the school environment? In answering these problems, the author uses field research or field research with the approach used is an empirical juridical approach. Data collection methods used were observation, questionnaires and interviews. The results of this study indicate the role of the law on child protection in the school environment. In accordance with article 54 of Law Number 35 of 2014 it has been implemented but violence in schools still occurs both psychologically and physically, both between students and from education staff. The violence that most often occurs in the school environment is psychological violence between students. The factors that support the implementation of child protection in the school environment are by implementing non-violent schools, religious education lessons that teach gentle behavior, prevention by instilling character in both students and education staff. the school environment, namely 1) Lack of knowledge from teachers or education staff that physical and psychological violence is not always effective either because of psychological problems that cause obstacles in managing emotions so that teachers or education staff become more sensitive and reactive, the existence of work pressure or because of the authoritarian pattern which is still commonly used in teaching patterns in Indonesia 2) Students who have traits that tend to be weak usually make stronger students to do violence against weak students so that they feel great. Both of these attitudes can be influenced by family parenting and from the child's environment. The implications of this study are 1) Schools should implement non-violent education, by not only emphasizing cognitive abilities but also paying attention to children's affective abilities and psychomotor abilities so that children are not only knowledgeable but also schools pay attention to children's skills. psychic.

IMPLEMENTATION OF ARTICLE 5 OF LAW 31 OF 2014 CONCERNING THE PROTECTION OF WITNESS AND VICTIMS IN THE STATE COURT OF BANDA ACEH Leny Oktaviyanti
Jurnal Multidisiplin Sahombu Vol. 1 No. 02 (2022): Jurnal Multidisiplin Sahombu, January 2022
Publisher : Sean Institute

Article 5 of Law Number 31 of 2014 concerning the protection of witnesses and victims regulates the rights of witnesses and victims and the author focuses more on the rights of witnesses in criminal acts of corruption, in matters of witness rights and will relate to the implementation of article 5 regarding whether or not witness protection is applied at the Banda Aceh District Court because the success of a criminal justice process depends on the evidence that has been successfully disclosed in court, especially witness testimony is an important factor so that witness protection is needed as regulated in the law. And one of the factors in the absence of application of witness protection is the difference in the testimony of witnesses of corruption in the BAP and in court. From the problems above, the problem is how to implement Article 5 of Law Number 31 of 2014 against witnesses of corruption crimes in the Banda Aceh District Court, and what are the factors causing the differences in the statements of witnesses of corruption in the BAP (Minutes of Investigation) and in court based on the judge's observations. The research method used is empirical juridical by conducting interviews, observations, and documentation. The results and conclusions of the study indicate that the protection of the rights of witnesses carried out by the Banda Aceh District Court has not been implemented as stated in Article 5 of Law Number 31 of 2014 due to many obstacles faced, starting from the authorized institution, namely the Witness Protection Agency and the Witness Protection Agency. victim (LPSK), budget or funds, and from the government. And there are differences in the statements of witnesses in the Minutes of Examination with those in Court based on research with the judge, namely there are three factors, the influence of the investigator, the influence of the defendant, and the fear of the witness.

LEGAL PROTECTION OF COPYRIGHT FROM THE CRIME OF COMPUTER SOFTWARE PIRACY ACCORDING TO TRIPS AGREEMENT AND ITS IMPLEMENTATION IN INDONESIA Riska Hanif Arma
Jurnal Multidisiplin Sahombu Vol. 1 No. 02 (2022): Jurnal Multidisiplin Sahombu, January 2022
Publisher : Sean Institute

Protection against computer software is often underestimated because it is considered not so important and there are no consequences, in fact piracy against computer software piracy is an unlawful act that results in criminal sanctions in the form of imprisonment and fines. As a result of rampant computer software piracy, Indonesia is faced with problems and bad impacts, both internationally and in Indonesia itself. Although in Indonesia it has been regulated in Law No. 28 of 2014 concerning Copyright, but there are no strict laws and regulations governing the act of software piracy. Where the purpose of this research is to find out and analyze the formulation of the problem. The legal research method that the author uses is normative, where the author examines library materials which are secondary data and is also called Library Legal Research, namely research on secondary data. The result of the research is that the regulation of copyright legal protection from software piracy crimes according to TRIPs is Law Number 28 of 2014 concerning Copyright which contains the ratification of the TRIPs agreement, then there is Law Number 11 of 2008 concerning Information and Electronic Transactions and Government Regulations. Republic of Indonesia Number 29 of 2004 concerning High-Tech Production Facilities for Optical Discs.

JURIDICAL REVIEW OF MONEY LENDING AGREEMENTS DECLARED VOID BY LAW Muhammad Nur Ukasyah
Jurnal Multidisiplin Sahombu Vol. 1 No. 02 (2022): Jurnal Multidisiplin Sahombu, January 2022
Publisher : Sean Institute

This study aims to determine whether the decision of the West Jakarta District Court Judge who decided on the Loan Agreement between Nine AM Ltd. with PT. Bangun Karya Pratama Lestari is null and void in accordance with the law of agreement or not and to find out the juridical implications of the West Jakarta District Court Decision in Case No. 451/Pdt.G/2012/PN.Jkt.Bar regarding the cancellation of the loan agreement. This study uses a normative legal research type using a statute approach and a case approach. The results of this study are 1) The decision of the West Jakarta District Court is in accordance with the law of the agreement that the agreement is null and void. This is because the Loan Agreement has violated the provisions of Article 1320 of the Civil Code, namely the non-fulfillment of the element of a lawful cause and contrary to Article 31 of the Language Law and Article 1339 of the Civil Code which stipulates that an agreement is not only bound to what is expressly agreed. in the agreement, but also bound by propriety, custom, and law. 2) The juridical implication of the decision is that any agreement that is not made in accordance with the provisions of Article 31 of the Language Law will be declared null and void/the agreement is deemed to have never existed and the parties are returned to their original condition. Likewise, any accompanying agreement (accessoir) will also be declared null and void, even though the agreement is made in the presence of an authorized official

EFFECT OF WORK COMPENSATION AND DISCIPLINE OF EMPLOYEE PERFORMANCE IN PT. INDAKO TRADING COY Idawati Purba
Jurnal Multidisiplin Sahombu Vol. 1 No. 02 (2022): Jurnal Multidisiplin Sahombu, January 2022
Publisher : Sean Institute

The purpose of this study is to determine whether compensation and work discipline affect the performance of employees at PT. Indo Trading Coy (Krakatau Branch, Medan). Employee performance is influenced by several factors, one of which is compensation. Salary, Bonuses, Insurance, Office Facilities and Allowances are factors that trigger employees to improve their performance. Other factors that affect employee performance are work discipline which includes quality of work, quantity of work and the determination of work completion time. Work compensation and discipline is the most important factor to improve employee performance in a company. Collection of data that has been obtained is then analyzed using quantitative descriptive research. The population in this study is the number of employees working at PT.Indako Trading Coy (Krakatau branch, Medan) as many as 80 people. The number of samples used in this study were 80 people. This research uses t test, F test, determination test and multiple linear regression analysis. The results showed that the compensation variable partially influenced the performance of employees at PT. Indako Trading Coy. The results showed that the variable work discipline partially influenced the performance of employees at PT. Indako Trading Coy. The results showed that there was a positive and significant effect between compensation and work discipline on the performance of employees at PT Indako Trading Coy, this has been proven based on the F test results obtained at a calculated F value of 308.284 with a significance value of 0.000. so the significance of F <5% (0,000 <0.05) means that the variable compensation and work discipline simultaneously affect the purchase interest. The conclusion in this study is that compensation and work discipline affect the performance of employees at PT. Indako Trading Coy (Krakatau branch, Medan).

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INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email anusantaramedan@gmail.com

Phone +6285359150140

Journal Mail Official editorjournal@seaninstitute.or.id

Editorial Address Sean Institute Jl Besar Namorambe, Deliserdang, Sumatera Utara, Indonesia email : editorjournal@seaninstitute.or.id

Location Unknown, Unknown INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
anusantaramedan@gmail.com

Phone
+6285359150140

Journal Mail Official
editorjournal@seaninstitute.or.id

Editorial Address
Sean Institute Jl Besar Namorambe, Deliserdang, Sumatera Utara, Indonesia email : editorjournal@seaninstitute.or.id

Location
Unknown,

Unknown

INDONESIA