Fox Justi : Jurnal Ilmu Hukum最新文献

{"title":"LAW ENFORCEMENT DUE TO VIOLATION LAW NUMBER 6 OF 2018 ABOUT QUARANTINE (Study of Decision No. 173/PID.SUS/2021/PTDKI, NAME HABIB RIZIEQ SHIHAB)","authors":"Muhammad Tedy, Ismed Batu Bara","doi":"10.58471/justi.v13i1.304","DOIUrl":"https://doi.org/10.58471/justi.v13i1.304","url":null,"abstract":"Currently residents are faced with a new variant of the virus originating from the city of Wuhan, China. This virus emerged in 2019 under the name Corona Virus Disease 2019 or better known as COVID-19, where this virus is an infectious disease that attacks the respiratory tract with symptoms of fever, cough and shortness of breath.According to Law Number 6 of 2018 concerning Health Quarantine, it is an effort to prevent and ward off the exit or entry of diseases and/or public health risk factors that have the potential to cause public health emergencies. The implementation of PSBB and Quarantine is an effort of a health emergency (Law Number 6 of 2018). The formulation of the problem in this paper are: 1. What is the scope of health care arrangements in Indonesia? 2. How is the application of the law to cases of violations of health protocols? This legal research method is normative juridical, namely research to be carried out to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121184775","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":"JURIDICAL REVIEW OF STEP FATHER'S ABILITY AGAINST CHILDREN (CASE STUDY OF DELI SERDANG CHILD PROTECTION INSTITUTE)","authors":"Fox Justi, Yusfirda Aziza Rangkuti, Nelvitia Purba","doi":"10.58471/justi.v13i1.284","DOIUrl":"https://doi.org/10.58471/justi.v13i1.284","url":null,"abstract":"This study aims to determine the legal arrangements against child molestation by stepfathers. The method used in this research is Juridical Empirical or called field research, which is to examine the applicable legal provisions and what happens in reality in society. Empirical juridical research is legal research regarding the enforcement or implementation of normative legal provisions in action on certain legal events that occur in society. In this study, the classification of criminal acts of harassment is regulated in several laws and regulations, such as the Criminal Code, Law no. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and the PKDRT Law.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127070258","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":"LEGAL STUDY ON THE CRIMINAL ACT OF ROBBERY PLANNING AT CIMB COMMERCE BANK BY A GROUP CRIMINAL CRIME AROUND THE REGION MEDAN CITY (CASE STUDY OF DECISION NUMBER 706/PID.B/2011/PN.MDN)","authors":"Fox Justi, Hasrul Wardana, Muhammad Ridwan Lubis","doi":"10.58471/justi.v13i1.274","DOIUrl":"https://doi.org/10.58471/justi.v13i1.274","url":null,"abstract":"Acts of terrorism for any reason are not justified, either in a positive legal framework or in a religious perspective. The acts of terror carried out in Indonesia after the Bali bombings in 2002 have claimed many lives, property, have taken away the right to life and disturbed the peace of the community. For the city of Medan, in addition to the bombing, terror acts were carried out in the form of bank robberies with the motive of radicalism. One of the interesting things to study is tracing the motives of radicalism in the terrorist acts of robbery at the CIMB Niaga Bank in Medan City. the concept of deradicalization to counter terror acts in the future. The focus of this research is the robbery case of Bank CIMB Niaga Medan with the object of research on court decisions against the defendants of the robbery of Bank CIMB Medan. This type of research includes empirical normative research with a case study approach and exploratory analysis. Data collection techniques were carried out through interviews, literature review and focused discussions. The data analysis technique was carried out qualitatively. Qualitative analysis in this study was conducted to find a description of the roots of radicalism in acts of terrorism in the robbery case of Bank CIMB Niaga Medan which had legal force (incracht). This research is planned to be conducted in 1 year with a case study approach and exploratory analysis. Data collection was carried out by studying literature by collecting the results of previous studies and court decisions against convicts of the robbery of Bank CIMB Niaga Medan, then data collection activities were also carried out by means of interviews with criminal law experts and terrorism experts. Based on a literature search and analysis of the Medan District Court's decision Number 706/Pid.B/2011/PN.Mdn dated August 2, 2011 which tried the perpetrators of the Medan City Branch of the CIMB Niaga Bank Robbery, information was obtained that there was no connection with the crime of terrorism. The Medan District Court has decided on 14 defendants, all of whom were legally and convincingly proven to have committed acts of terrorism. The defendant's mistakes under the provisions of the Terrorism Law are different from each other and the criminal events that have been proven to be proven also vary, because the defendants are not all perpetrators of the robbery of Bank CIMB Niaga Medan. Based on the judge's verdict from the Medan District Court's decision, it was concluded that there was no radical motive in the terrorism case of the Medan City Bank CIMB Niaga robbery. \u0000  \u0000 ","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"184 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127046212","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":"REGULATION ANALYSIS IN THE PROTECTION OF CULTURAL HERITAGE IN MEDAN CITY (STUDY OF MEDAN CITY CULTURAL SERVICE)","authors":"Ridho Zikrillah, I. Batubara","doi":"10.58471/justi.v13i1.248","DOIUrl":"https://doi.org/10.58471/justi.v13i1.248","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000Abstract.An urban area needs to pay attention to historical heritage as an effort to utilize resources in the spatial dimension to achieve a better urban area. Historic buildings are one sourcae of income to increase foreign exchange through foreign tourist visits. Preservation of historic buildings in areas in Medan City is a very appropriate step to be implemented. Preservation of buildings has the aim of saving the preservation of objects that still survive today. From several cases we find a fact that often historical buildings are decreasing and being replaced with more modern buildings. For this reason, it is necessary to immediately preserve and protect it. Based on this, the author is interested in researching it and it is stated in the title \"Analysis of Regulations in the Protection of Cultural Heritage in the City of Medan (Study of the Medan City Cultural Service)\". The purpose of writing this scientific paper is to determine the role of the City Government and the Sumatran Heritage Agency (BWS) in the preservation of historic buildings in the city of Medan. While the expected benefits are as input for individuals and institutions who care about historic buildings. The research method used is descriptive qualitative method. by using the purposive technique, namely the determination of deliberately determined informants who are considered to know about the existence of historic buildings in the city of Medan, namely the employees of the Medan City Culture service, the Sumatran Heritage Agency, historians, and several owners of historic buildings in the city of Medan. The research location is the Medan City Cultural Service and the Sumatran Heritage Agency. From the results of data analysis, it can be concluded that the preservation of historic buildings that the actions that must be taken are 1) protection, 2) maintenance and 3) documentation of the historic building. The government's role in preserving historic buildings is: efforts to provide funds for the preservation of historic buildings, the establishment of a City Conservation Council, the formulation of a clear and firm legal basis. Meanwhile, the role of BWS is to propose a revision of Regional Regulation No. 6 of 1988 concerning Building Protection to the Medan City Government, as well as conducting field tests on the issue of preserving cultural heritage in good governance. \u0000  \u0000 \u0000 \u0000 \u0000","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127729891","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":"THE ROLE OF THE VOID OF TERMINATION AS EVIDENCE IN THE SETTLEMENT OF CIVIL JURISDICTION PROCESSES IN STATE COURTS","authors":"Fox Justi, Wahyu Alwi, Mahendra Rangkuti, D. Sintara","doi":"10.58471/justi.v13i1.247","DOIUrl":"https://doi.org/10.58471/justi.v13i1.247","url":null,"abstract":"Courts have an important role in implementing the rule of law concept during the democratization process, especially in the transition from an authoritarian political system to a democratic society. In the process of seeking justice in court, the parties try to win the case in their own way, this can be an obstacle for the court in making decisions or in determining the truth of a case. In connection with this, here will try to analyze logically and systematically about the implementation of the oath as evidence in court, for the smooth running of the judicial process in court. The nature of the research used by the author in writing this thesis is descriptive analysis, which describes and describes all the data obtained from the results of the literature study relating to the title of legal writing which is clearly and in detail then analyzed in order to answer the problems studied. The form of the method of this thesis writing research is a normative juridical approach and empirical juridical approach. Regarding the procedure for implementing the severing oath, it is regulated in Articles 1932 and 1933 of the Civil Code, Article 156 HIR, and the legal force of an oath before a court is the most important thing in procedural law because the court in upholding the law and justice is nothing but based on evidence. The breaker oath aims to settle the case being examined. Therefore, the severing oath must be deccisoir, meaning it is severing and ending the root cause.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"342 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133151891","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":"COMMUNITY PERCEPTION ON THE IMPLEMENTATION OF THE PUNISHMENT OF lashing IN WEST ACEH","authors":"Fox Justi, Nur Anita, Adam Sani","doi":"10.58471/justi.v12i2.650","DOIUrl":"https://doi.org/10.58471/justi.v12i2.650","url":null,"abstract":"Caning in Aceh is a form of punishment regulated in the Qanun Jinayah. The implementation of caning has given rise to various public perceptions, namely that there are those who support it and some who do not agree with various reasons, both psychologically and for reasons of human rights. This study aims to determine the public's perception of the implementation of caning in West Aceh. This research was conducted using empirical methods, namely collecting data through observation, interviews and documentation, then analyzed and described in written form and words to draw conclusions. The results of the study show that from 2018 to 2021 in West Aceh Regency there were 77 (seventy-seven) cases of violations of the Jinayah Qanun which were lashed based on the Syari'iyah Court Decision.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129468550","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":"IMPLEMENTATION OF RESTORATIVE JUSTICE BASED ON DECREE OF THE DIRECTORATE GENERAL OF GENERAL JUSTICE AGENCY OF THE SUPREME COURT NUMBER 1691/DJU/SK/PS.00/12/2020 CONCERNING IMPLEMENTATION OF GUIDELINES FOR IMPLEMENTATION OF RESTORATIVE JUSTICE IN GENERAL","authors":"Fox Justi, Meka Hawalia, Chandra Darusman","doi":"10.58471/justi.v12i2.651","DOIUrl":"https://doi.org/10.58471/justi.v12i2.651","url":null,"abstract":"Restorative justice is one of the principles of law enforcement in resolving cases that can be used as an instrument of recovery and has been implemented by the Supreme Court in the form of policy enforcement (Supreme Court regulations and Supreme Court circulars) but its implementation in the Indonesian criminal justice system is still not optimal. .In this study, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Sinabang District Court. Restorative justice is an alternative for resolving criminal cases which in the mechanism of criminal justice procedures focuses on punishment which is converted into a dialogue and mediation process involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly create an agreement and settle the case. fair and balanced criminal justice for both the victim and the perpetrator by prioritizing the restoration to its original state, and restoring the pattern of good relations in society.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133742056","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":"THE DEATH PENALTY IN INDONESIA FROM A HUMAN RIGHTS PERSPECTIVE","authors":"Fox Justi, H. Siburian","doi":"10.58471/justi.v12i2.647","DOIUrl":"https://doi.org/10.58471/justi.v12i2.647","url":null,"abstract":"The imposition of the death penalty is closely related to the most basic rights for humans, which is a serious crime in the sense that the perpetrator will lose his life which is an invaluable right to life. Law Number 39 of 1999 concerning Human Rights which is an acknowledgment of Human Rights in Indonesia. Giving limits on human rights as a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the State, law, government and everyone for the sake of honor and protection of human dignity.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126082173","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":"DEMOCRATIC ESTABLISHMENT OF REGIONAL LAW REGULATIONS","authors":"Sumiaty Adelina Hutabarat","doi":"10.58471/justi.v12i2.648","DOIUrl":"https://doi.org/10.58471/justi.v12i2.648","url":null,"abstract":"Regional legal products in the form of decisions and regulations of regional governments can be caught as legal products that are legally flawed, although each formation of regional laws and regulations must always pay attention to the concept of the rule of law, the principle of democracy in the development of legislation. Based on research, the existence of regional laws and regulations made by local governments are in accordance with good legal principles, in accordance with Law Number 10 of 2004 concerning statutory regulations. The principle of democracy has been applied in the formation of regional legal arrangements with regional heads contained in the draft blood regulations that are proposed to come from the regional government and the DPRD for an integrated and systematic planning process for legislation and regulations.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114113309","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":"IMPACT OF THE LEGAL DEFAULT ON MICRO BUSINESS LOAN RECIPIENTS","authors":"Fox Justi, Henry Kristian, Siburian","doi":"10.58471/justi.v12i2.649","DOIUrl":"https://doi.org/10.58471/justi.v12i2.649","url":null,"abstract":". Micro Business Credit (KUM) is a type of soft loan which: is intended for Micro, Small and Medium Enterprises (MSMEs) with business feasibility but limited capital. It can be seen that if the credit recipient or debtor defaults into the main problem in the Micro Business Loan Agreement. Thus, the banking institution as the party providing the credit will cause an indication of default by the debtor which results in losses for the bank providing the credit. The type of research used in this study from the point of view of its nature is normative research (juridical normative) legal research conducted by examining library materials. Based on research resultsThe provision of Micro, Small and Medium Business Credit cannot be separated from the legal aspect of the assignment/agreement, namely the existence of two parties that bind themselves, namely the bank as the borrower.The rights and obligations of micro business credit recipients, namely micro business credit customers have the right to know the products offered. The debtor's default includes debtors who have wrong achievements, debtors who are slow in the process of completing presentations.","PeriodicalId":351142,"journal":{"name":"Fox Justi : Jurnal Ilmu Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114147220","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}