JURNAL ILMIAH ADVOKASI最新文献

{"title":"ANALISIS TERHADAP EFEKTIVITAS KEBIJAKAN PEMBERIAN ASIMILASI BAGI NARAPIDANA LAPAS KELAS I MEDAN DI MASA PANDEMI SEBAGAI BENTUK ANTISIPASI PENYEBARAN COVID","authors":"U. Khairiah, Apri Amalia","doi":"10.36987/jiad.v10i1.2230","DOIUrl":"https://doi.org/10.36987/jiad.v10i1.2230","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133863221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PENGARUH PANDEMIK COVID-19 TERHADAP PARA TENAGA KERJA YANG DI PHK PADA KABUPATEN KARAWANG","authors":"D. Anggraeni, I. Santoso","doi":"10.36987/jiad.v10i1.2231","DOIUrl":"https://doi.org/10.36987/jiad.v10i1.2231","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115254607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PERLINDUNGAN HUKUM TERHADAP PENYELENGGARA PELAYANAN KESEHATAN HEMODIALISA DI RUMAH SAKIT","authors":"Lilik Fitriana, Dr. Eddy Asnawi, Dr. Yeni Triana","doi":"10.36987/jiad.v10i1.2291","DOIUrl":"https://doi.org/10.36987/jiad.v10i1.2291","url":null,"abstract":"","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128564712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EKSISTENSI KEPOLISIAN DALAM PENUNTUTAN PERKARA TINDAK PIDANA RINGAN DIWILAYAH HUKUM POLRES LABUHANBATU","authors":"Iskandar Muda Sipayung","doi":"10.36987/JIAD.V9I2.2195","DOIUrl":"https://doi.org/10.36987/JIAD.V9I2.2195","url":null,"abstract":"This study aims to analyze the legal aspects of the existence of the police in the prosecution of minor criminal cases in the Labuhanbatu District Police Legal Territory. This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this research are to find out and analyze the legal basis of the police's authority in prosecuting minor criminal cases and to find out and analyze the existence of the police in prosecuting minor criminal cases in the Labuhanbatu Police Legal Territory. The results of the study show that firstly, the Legal Basis of Police Authority in Prosecuting Minor Crime Cases is based on the provisions as stated in Article 205 of the Criminal Procedure Code. Second, the existence of Labuhanbatu Police Investigators has so far carried out their duties as stipulated in article 205 of the Criminal Procedure Code by acting as Public Prosecutors in cases of minor crimes.Keywords: Existence, Police, Minor Crime.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132273289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PENGARUH ASPEK PENGGUNAAN TENAGA KERJA DAN IZIN KERJA BAGI PENGGUNAAN TENAGA KERJA ASING TERHADAP KEGIATAN PENANAMAN MODAL DI INDONESIA","authors":"I. K. Astawa, Daud Munasto","doi":"10.36987/JIAD.V9I2.2108","DOIUrl":"https://doi.org/10.36987/JIAD.V9I2.2108","url":null,"abstract":"Employment problems can arise due to several factors such as education, job opportunities and relatively low economic growth. This is experienced by many countries including Indonesia. This writing aims to determine the effect of aspects of the use of labor and work permits for the use of foreign workers on investment activities in Indonesia. The writing method used in this paper is a literature review method (library research). From the discussion, it can be concluded that the employment issue is a very important element to get the attention of all parties related to foreign workers, because the impact it can have can encourage an increase in foreign investment in Indonesia on investment. Aspects of the Obligation to Use Indonesian Workers and the Obligation to Organize Industrial Training (Industrial Training) and Work Permits for the Use of Foreign Workers (TKA) on Investment Activities in Indonesia have a major influence on investment activities in Indonesia. For this reason, labor regulations must be supported by adequate laws and regulations according to the demands of the interests of the community and investment actors in Indonesia. Keywords: influence, employment, investment, investment","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125650834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"KONSEP PERTANGGUNGJAWABAN MUTLAK KORPORASI SEBAB KEBAKARAN LAHAN PERKEBUNAN MENGAKIBATKAN ANCAMAN SERIUS","authors":"Rony Andre Christian Naldo, Mesdiana Purba","doi":"10.36987/JIAD.V9I2.2132","DOIUrl":"https://doi.org/10.36987/JIAD.V9I2.2132","url":null,"abstract":"As a legal subject, in addition to rights holders, corporations are also legal obligations. In carrying out business activities estates, corporations bear a legal obligation to implement the Corporate Governance (Good Corporate Governance / GCG) and the Social Responsibility and Environment (Corporate Social Responsibility / CSR) to the realization of sustainable development. With regard to the legal obligation to implement good corporate governance and CSR activities in the plantation business, the corporation shall not open or tilling the land by burning, as fire plantation corporation can lead to a serious threat to inflict harm the environment. The fact is that on the island of Sumatera, there have been fires on plantations of various corporations resulting in a serious threat, which in Civil Law is an Act Against the Law (PMH) with the consequence of absolute liability to corporations to compensate for environmental losses. This study discusses the concept of absolute corporate accountability because plantation land fires pose a serious threat. This study is prescriptive, using normative legal methods, referring to the legal norms contained in the legislation, using secondary data. This study uses a variety of legal approaches, concepts, legal comparisons, and history. The results of the study concluded that there are 13 (thirteen) concepts related to corporate absolute responsibility because plantation land fires cause a serious threat, and there are still 4 (four) things that are weaknesses.Keywords: Accountability, Corporate, Serious Threats.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130394257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"KEDUDUKAN DAN STATUS HUKUM TERDAKWA PASCA PUTUSAN MAJELIS HAKIM YANG MENYATAKAN DAKWAAN JAKSA PENUNTUT UMUM KABUR (Study Putusan Pengadilan Negeri Rantauprapat No. 763/Pid.B/2020/PN-RAP )","authors":"M. Y. Siregar","doi":"10.36987/JIAD.V9I2.2188","DOIUrl":"https://doi.org/10.36987/JIAD.V9I2.2188","url":null,"abstract":"This study aims to analyze the legal aspects of the Position and Legal Status of the Defendant After the Decision of the Panel of Judges Declaring the Indictment of the Public Prosecutor Fleeing (Study of Decision of the Rantauprapat District Court No. 763/Pid.B/2020/PN-RAP). This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyze the position of the indictment which was declared vague and null and void as well as to find out and analyze the status and legal position of the defendant after the decision of the panel of judges which stated that the indictment of the public prosecutor was blurred in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. The results of the study show that first, the position of the indictment which was declared vague and null and void in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. 763/Pid.B/2020/PN-RAP is that based on the description of the first indictment, the Public Prosecutor mentions Iwan (not yet caught) but in the case file there is no letter or letter attachment from the Police in the form of Iwan being included in the People's Wanted List (DPO) because Therefore, the description of the Second Indictment of the Public Prosecutor is blurred so that based on the considerations above, the alternative indictment of the First Public Prosecutor is inaccurate and vague because it does not meet the requirements as referred to in Article 143 paragraph (2) letter b of the Criminal Procedure Code whose legal consequences are the alternative indictment of the First Public Prosecutor. null and void. Second, that from the series of legal processes mentioned above, it can be seen that even though at the district court level it was stated that the First and Second Indictments of the Public Prosecutor were null and void, but because the public prosecutor had filed an appeal with the decision ordered the Rantau Prapat District Court to continue the examination of this case until the final decision, the position of the defendant is still on trial and based on the final decision has sentenced the defendant to a sentence of 8 (eight) months imprisonment. Keywords: Legal Status, Indictment, Public Prosecutor.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124800400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANALISIS YURIDIS PEMBERIAN INSENTIF PAJAK TERHADAP WAJIB PAJAK YANG TERKENA DAMPAK PANDEMI VIRUS CORONA DI KOTA MEDAN","authors":"L. Sirait, Michael Luahambowo, Willy Tanjaya","doi":"10.36987/JIAD.V9I2.1965","DOIUrl":"https://doi.org/10.36987/JIAD.V9I2.1965","url":null,"abstract":"In the event of a worldwide pandemic,the government will of course continue to draft laws to address the problems caused by the corona virus in Indonesia's tax system.Some of its policies,particularlyi nthe area of taxation,are designed to create incentives.Incentives to collect taxes and levies are additional money  offered in exchange for a certain level of performance in enforcing taxes and levies.Government incentives are intended to boost the country's economy.This study uses a descriptive research design and empirical normative research techniques.This research includes some original data,such as source interviews,as well as secondary data,such asprimary,secondary,and tertiary legal publications.The government through the Directorate General of Taxes has developed a reporting system for the use of tax incentives for taxpayers that facilitates reporting.However,there are still many obstacles in its implementation at KPP Pratama Medan,and many taxpayers are not aware of the tax incentives available during theCOVID-19 pandemic.Keywords: Economic Stimulus,Tax Incentives,Corona Virus Pandemi","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114335569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMPLEMENTASI PERATURAN MENTERI DALAM NEGERI NOMOR 7 TAHUN 2019 TENTANG PELAYANAN ADMINISTRASI KEPENDUDUKAN SECARA DARING PADA DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL KABUPATEN LABUHANBATU","authors":"Mukhsin Juniardo Siregar, Maya Jannah, Risdalina Siregar, Nimrot Siahaan, Indra Kumalasari M","doi":"10.36987/jiad.v9i2.2289","DOIUrl":"https://doi.org/10.36987/jiad.v9i2.2289","url":null,"abstract":"The identity of the population is the basic thing that a person must have, in order to make it easier for people to socialize and interact with each other. Technological developments that occur at this time can facilitate the management and public administration services in the field of population and civil registration so that it is very efficient. The type of research used is Normative Empirical. Types of data sources in this study using three types of data sources, namely primary, secondary, and tertiary data. The data collection technique used by the author is Literature Study, Interview, and Documentation. The data analysis technique used is qualitative, comprehensive, and complete analysis. The results showed that the implementation of the online service regulations carried out by the Labuhanbatu Regency Population and Civil Registration Service was the first step for the community to register through the Whatsapp contact provided by the relevant agency. Then, enter the full name. Family card, and so on. Finally, the data that has been sent by the public will be automatically entered into the database for verification and management. The positive impact of the rules in the midst of the Covid-19 pandemic is that people no longer have to come to the office and crowd there to manage their respective interests, this makes the contact and transmission of the Covid-19 virus more minimal. The obstacles that occur in implementation in the field are that there are still many people who do not understand online registration because of limited ability to use technological advances such as the internet and how to overcome solutions in filing problems in managing Population and Civil Registration documents in Labuhanbatu Regency.Keywords: Service, Administration, Population, Civil Registration ","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114373460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI TANPA PEMIDANAAN (NON-CONVICTION BASED ASSET FORFEITURE) BERDASARKAN HUKUM INDONESIA DAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003","authors":"Fathin Abdullah, Prof. Triono Eddy, Dwi Marlina","doi":"10.36987/jiad.v9i1.2011","DOIUrl":"https://doi.org/10.36987/jiad.v9i1.2011","url":null,"abstract":"Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization.Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127031006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}