Jurnal Ilmiah Penegakan Hukum最新文献_第3页

Perspektif Kewenangan Badan Pemeriksa Keuangan (BPK) Kaitan Perjanjian Eksteradisi Indonesia dan Singapore 财务检验员关于印尼和新加坡出口协议的权威观点

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6682

P. Zulfikar

{"title":"Perspektif Kewenangan Badan Pemeriksa Keuangan (BPK) Kaitan Perjanjian Eksteradisi Indonesia dan Singapore","authors":"P. Zulfikar","doi":"10.31289/jiph.v9i1.6682","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.6682","url":null,"abstract":"This article aims to find the relationship between the authority of the results of the Supreme Audit Agency's examination of the types of audits. Audits with a Specific Purpose are carried out as a follow-up to financial audits and audits because it is suspected that there is a criminal element in financial actions or the performance of agencies that have been examined, prosecuted and decided which have permanent legal force ( inkracht van gewijds) while the Convicted fled the country. The problem is how the duties and authorities of the State Audit Board are related to the Extradition Treaty of the Republic of Indonesia with the State of Singapore and what is the effectiveness of the Extradition Agreement of the Republic of Indonesia with the State of Singapore. The type of research used is qualitative with the type of normative research. Legal materials are analyzed qualitatively by explaining theories, logical principles to obtain scientific results that are descriptive. The results show that the Extradition Treaty of the Republic of Indonesia and the State of Singapore was signed by the Extradition Treaty of Indonesia and Singapore, aiming to prevent and eradicate transnational criminal acts, such as corruption. by the requesting State for prosecution or trial or execution of sentences for extraditable offenses","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115048479","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}

引用次数: 1

Pengurusan Piutang Negara Pada Kementerian/Lembaga Dalam Perspektif Hukum Perdata (Studi Pada KPKNL Medan) 从民法角度对部里的应收账款(对KPKNL Medan的研究)

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6454

Novida Helen Bariang, D. Sintara, Halimatul Maryani, Adawiyah Nasution

引用次数: 0

Penerapan Asas Primum Remedium terhadap Penipuan dan Penggelapan Dana Koperasi Jenis Simpan Pinjam

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6895

Arie Kartika, Rafiqi Rafiqi, Windy Sri Wahyuni

{"title":"Penerapan Asas Primum Remedium terhadap Penipuan dan Penggelapan Dana Koperasi Jenis Simpan Pinjam","authors":"Arie Kartika, Rafiqi Rafiqi, Windy Sri Wahyuni","doi":"10.31289/jiph.v9i1.6895","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.6895","url":null,"abstract":"This article aims to discuss the application of the Primum Remedium Principle to Fraud and Embezzlement of Savings and Loans Cooperative Funds. The problem is focused on legal arrangements for fraud and embezzlement of savings and loan cooperative funds and the application of the primum remedium principle against fraud and embezzlement of savings and loan cooperative funds. To approach this problem, normative juridical research is used. The data were collected through literature study and analyzed qualitatively. This study concludes that the legal regulation of the criminal act of fraud and embezzlement of Savings and Loans Cooperative funds is not explicitly stated in the provisions of the cooperative regulations, then the Criminal Code (KUHP) is applied where fraud is regulated in Article 378 of the Criminal Code, while embezzlement is regulated in Article 372 KUHP. The Primum Remedium principle against criminal acts of fraud and embezzlement of savings and loan cooperative funds can be applied based on reports, investigations, investigations and losses caused to creditors and threatens to hamper financial system stability. Primum remedium principle as the main means in a statutory provision or prioritizing the implementation of criminal law in cooperatives because of the context of the situation, however, the use of such criminal law facilities must also be considered from the point of view of the greatest benefit, especially to create a healthy national economic system development in a future period. will come","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114329972","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}

引用次数: 0

Penerapan Pasal 112 Ayat (1) dan Pasal 127 Ayat (1) Huruf A Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dalam Kaitannya Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2015

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6495

Dina Eriza Valentine Purba, Alvi Syahrin, Edi Yunara, M. Putra

{"title":"Penerapan Pasal 112 Ayat (1) dan Pasal 127 Ayat (1) Huruf A Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dalam Kaitannya Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2015","authors":"Dina Eriza Valentine Purba, Alvi Syahrin, Edi Yunara, M. Putra","doi":"10.31289/jiph.v9i1.6495","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.6495","url":null,"abstract":"This study aims to find out the essence of the importance of recording marriages in Muslim communities in Kampung Nangka Village, North Binjai. As mandated by Article 1 of Law no. 1 of 1974 concerning Marriage that marriage is an inner and outer bond of a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty. One of the most important things to do is register the marriage. The fact is that in the community, especially in remote areas, marriage registration in official state documents is rarely done. This research is a normative legal research with analytical descriptive nature by using a literature approach and a field approach. Analysis of the data obtained in this study was carried out qualitatively. The results of the study indicate that the problem of the lack of marriage registration is caused by several factors, such as the lack of knowledge of some people to the laws and regulations regarding marriage, both from the Islamic legal aspect and the positive legal aspect, the existence of some people who still carry out unregistered marriages for various reasons. This can prevent problems that can harm one party if the marriage is not recorded. Many people do not understand the importance of registering marriages that have been carried out and the consequences because marriages are not registered","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"723 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125393011","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}

引用次数: 0

Urgensi Pencatatan Perkawinan Pada Masyarakat Muslim Di Kelurahan Kampung Nangka, Binjai Utara 北印度次地区穆斯林社区的婚礼记录当务之急

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.5781

Tengku Keizerina Devi Azwar, Utary Maharany Barus, Yefrizawati Yefrizawati

{"title":"Urgensi Pencatatan Perkawinan Pada Masyarakat Muslim Di Kelurahan Kampung Nangka, Binjai Utara","authors":"Tengku Keizerina Devi Azwar, Utary Maharany Barus, Yefrizawati Yefrizawati","doi":"10.31289/jiph.v9i1.5781","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.5781","url":null,"abstract":"This study aims to find out the essence of the importance of recording marriages in Muslim communities in Kampung Nangka Village, North Binjai. As mandated by Article 1 of Law no. 1 of 1974 concerning Marriage that marriage is an inner and outer bond of a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty. One of the most important things to do is register the marriage. The fact is that in the community, especially in remote areas, marriage registration in official state documents is rarely done. This research is a normative legal research with analytical descriptive nature by using a literature approach and a field approach. Analysis of the data obtained in this study was carried out qualitatively. The results of the study indicate that the problem of the lack of marriage registration is caused by several factors, such as the lack of knowledge of some people to the laws and regulations regarding marriage, both from the Islamic legal aspect and the positive legal aspect, the existence of some people who still carry out unregistered marriages for various reasons. This can prevent problems that can harm one party if the marriage is not recorded. Many people do not understand the importance of registering marriages that have been carried out and the consequences because marriages are not registered","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129501555","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}

引用次数: 0

Prinsip Kehati-Hatian Bank Dalam Mencairkan Dana Nasabah Yang Telah Meninggal Dunia (Studi Putusan Mahkamah Agung Nomor 1050 K/Pdt/2015) 银行兑现已逝客户资金的谨慎原则(最高法院判决编号1050 K/Pdt/2015)

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6844

Hendra Adiwijaya, Bismar Nasution, S. Sunarmi, Mahmul Siregar

{"title":"Prinsip Kehati-Hatian Bank Dalam Mencairkan Dana Nasabah Yang Telah Meninggal Dunia (Studi Putusan Mahkamah Agung Nomor 1050 K/Pdt/2015)","authors":"Hendra Adiwijaya, Bismar Nasution, S. Sunarmi, Mahmul Siregar","doi":"10.31289/jiph.v9i1.6844","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.6844","url":null,"abstract":"This study aims to find out how the application of the prudential banking principle is included in disbursing the funds of customers who have died. The Supreme Court's decision Number 1050 K/Pdt/2015 is a decision from a civil dispute over a lawsuit against the law from several legal heirs because the customer's funds have been disbursed to a third party who is not the heir of the deceased customer. The research method used in this research is normative research that uses a statutory approach, a conceptual approach, and a case approach. The data collection used in this research is library research, which is then analyzed qualitatively and conclusions are drawn using the deductive method. The results of the study explain that the Bank applies the precautionary principle in disbursing funds from customers who have died based on the Standard Operating Procedures (SOP) of the bank. The responsibility of the bank for failure to apply the prudential principle of the bank in disbursing the funds of a deceased customer, namely by compensating or returning the funds that have been sought to third parties who are not his heirs to the real heirs based on evidence that the attached documents are in accordance with the regulations. legislation","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125294334","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}

引用次数: 0

Model Mediasi Adat dalam Penyelesaian Perkara Pelanggaran Hukum di Kabupaten Pelalawan

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6697

Dasrol Dasrol, R. Fitriani

引用次数: 0

Pertanggungjawaban Pidana Beneficial Owner Saham dalam Tindak Pidana Perpajakan (Studi Putusan Pengadilan Tinggi Medan Nomor 66/Pid.Sus/2018/PT.Mdn) 《负责任地奥斯》(《高等法院裁决》第66条/Pid /2018/PT.Mdn研究)

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.7018

Tri Yuwandani Hayuningtyas

{"title":"Pertanggungjawaban Pidana Beneficial Owner Saham dalam Tindak Pidana Perpajakan (Studi Putusan Pengadilan Tinggi Medan Nomor 66/Pid.Sus/2018/PT.Mdn)","authors":"Tri Yuwandani Hayuningtyas","doi":"10.31289/jiph.v9i1.7018","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.7018","url":null,"abstract":"This study aims to determine the purpose of establishing a Limited Liability Company, namely to limit the owner's liability in the event of a financial loss. Shareholders are only responsible for the amount of shares they own. However, the development of piercing the corporate veil, the limitation of liability can be penetrated, for example due to fraud, inadequate capital, failure to fulfill the formalities of company establishment, and abuse of power in a company due to the domination of one or more shareholders. This study uses a normative legal research method that is descriptive analytical. The results of the study indicate that the liability of the beneficial owner for tax crimes based on a study of the Medan High Court Decision No. 66/Pid.Sus/2018/PT.Mdn was declared legally and convincingly guilty of committing a crime in the taxation sector in Article 39 paragraph (1) letter c in conjunction with Article 43 paragraph (1) of the Law of the Republic of Indonesia Number 16 of 2000 concerning Second Amendment to the Law of the Republic of Indonesia Number 6 of 1983 concerning General Provisions and Tax Procedures. Regarding the imprisonment substitute sentence, it is not regulated in the KUP Law as lex specialis nor in the Criminal Code as lex generalis. The imposition of a fine that can be replaced with a substitute sentence for imprisonment in this decision basically gives the defendant a choice, whether he wants to pay a fine or undergo a substitute sentence in the form of imprisonmentÂ ","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130903694","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}

引用次数: 0

Menggagas â€œSister City for Smart Cityâ€ sebagai Optimalisasi Peran Hukum Internasional di Gorontalo 率先a€œ姐妹城市for Smart Citya€作为优化国际法在保持角色

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.7148

Mellisa Towadi, Waode Mustika

{"title":"Menggagas â€œSister City for Smart Cityâ€ sebagai Optimalisasi Peran Hukum Internasional di Gorontalo","authors":"Mellisa Towadi, Waode Mustika","doi":"10.31289/jiph.v9i1.7148","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.7148","url":null,"abstract":"This study aims to provide policy recommendations in the legal context regarding regional needs for integrative problems so that the flexibility to open access to international cooperation is not only to promote regional potential but can empower that potential for sustainable development. The article was compiled using a juridical normative method supported by field data relating to the existing conditions in Gorontalo in terms of developing international law in the region, namely optimizing the role of the region in international relations as a consequence of the Regulation of the Minister of Foreign Affairs Number 3 of 2019 concerning General Guidelines for Foreign Relations by Local government. The results of the study indicate that strengthening diplomacy is part of the Gorontalo provincial government's efforts to get to know the personal identity of the region (regency and city) both in the context of local excellence and globally competent regional advantages and can even build future-oriented international relations. Sister cities or twin cities in the Gorontalo government will be one way to strengthen foreign diplomatic relations through international cooperation mechanisms that can enable the Gorontalo provincial government, both district and city, to play a strategic role to take advantage of the inter-governments/inter-federation state network. in other countries in order to realize the vision of good governance and the vision of a sustainable smart governance/smart city","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130723904","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}

引用次数: 1

Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024 在2024年的选举中，以选举为基础的电子投票

Jurnal Ilmiah Penegakan Hukum Pub Date : 2022-06-30 DOI: 10.31289/jiph.v9i1.6491

Mhd Ansor Lubis, Muhammad Yasin Ali Gea, Nur Muniifah

{"title":"Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024","authors":"Mhd Ansor Lubis, Muhammad Yasin Ali Gea, Nur Muniifah","doi":"10.31289/jiph.v9i1.6491","DOIUrl":"https://doi.org/10.31289/jiph.v9i1.6491","url":null,"abstract":"This study aims to determine the implementation of the E-voting electoral system (Electronic Voting) which is a new method in general elections in Indonesia, the use of the E-voting system (Electronic Voting) later in the 2024 election is a step forward to realize the election principle, namely Luber Jurdil. The use of the conventional system in the previous election was still considered ineffective and in the end gave birth to various problems such as the inaccuracy of the vote count results, it was suspected that there were voters who chose more than one pair of candidates, took a long time to determine the results of the general election, used a lot of human resources. So from these problems, a new system is needed to be able to maximize the electoral system so that the Luber Jurdil principles are implemented. The research method used in this research is normative juridical by using a statutory approach and a conceptual approach to a legal issue that is currently relevant. And is prescriptive. The results of the study conclude that the E-voting system in general elections is a system that is more effectively used and has fulfilled the election principle, namely Luber Jurdil, so that in the implementation of E-voting a special and explicit regulation can be formed, both in the form of laws and regulations. Perpu. So that later in the implementation it has regulations and legitimacy that are binding and clear in accordance with Pancasila and the 1945 Constitution","PeriodicalId":216039,"journal":{"name":"Jurnal Ilmiah Penegakan Hukum","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116504189","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}

引用次数: 0