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Contact Name
Agung Suharyanto
Contact Email
agungsuharyanto@staff.uma.ac.id
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+628126493527
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juncto@uma.ac.id
Editorial Address
Jurusan Hukum, Fakultas Hukum, Universitas Medan Area, Jalan Kolam No. 1, Pasar V, Medan Estate, Sumatera Utara
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Kota medan,
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INDONESIA
JUNCTO: Jurnal Ilmiah Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27229793     DOI : 10.31289
Core Subject : Social,
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 30 Documents
Penerapan Restorative Justice Dalam Pengungkapan Kasus Penganiayaan Di Kepolisian Resort Dairi Galingging, Feri Pasu Manaek; Zulyadi, Ridho; Trisna, Wessy
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JURNAL JUNCTO JUNI
Publisher : JUNCTO: Jurnal Ilmiah Hukum

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Abstract

Implementation of the principle of restorative justice on the crime of persecution is still many pros and cons. For the investigator is not easy to settle the criminal act of persecution with the principle of restorative justice because there must be agreement between the victim's family and the perpetrator. Research method in writing this thesis is Library Research and Field Research. Implementation of the principle of restorative justice in the process of investigation of children as perpetrators of criminal acts of persecution, investigators have opinions that are different from the Law of the Criminal Justice System of Children. Implementation of the principle of restorative justice in the settlement of criminal acts of mistreatment committed by a child is performed after the process of conversion if the diversion fails and without the existence of a third warning letter and the determination of the court. The obstacles faced by the Dairi Regional Police are that there is no meeting point between the perpetrators and the victims and their families, the families of the victims object to the perpetrators and expect the perpetrators to be punished severely, the victims and perpetrators do not want to make peace through diversion.
Penerapan Sanksi Hukum Tindak Pidana Pemerkosaan Yang Dilakukan Oleh Anak (Studi Putusan No. 65/Pid.Sus-Anak/2017/PN. Mdn) Ginting, Sharon Yudha; Lubis, Anggreini Atmei; Zulyadi, Rizkan
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JURNAL JUNCTO DESEMBER
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Abstract

Rape by some groups is grouped into acts of violence against women, even in some cases that often arise, rape can be committed by a man against his wife, children (nephew) or women who are at home with him, so that various terms of marital rape, sexual abuse appear, and incest, better known generally as acts of violence against women. The type of research used is normative juridical, namely the type of research conducted by studying existing norms or legislation related to the issues discussed. Application of criminal sanctions against children who commit rape in Decision No. 65 / Pid.Sus-Anak / 2017 / PN. Mdn with imprisonment for 3 (three) years and 6 (six) months. Also impose a crime on the child by undergoing Job Training for 1 (one) month at Upt. LKPS-Child and Youth Social Services (PSAR) of the North Sumatra Province Social Service in Tanjung Morawa. The factors that cause the occurrence of criminal acts of rape committed by children are due to social factors, and mass media factors, because the defendant is often in the internet cafe, so he can often watch pornographic films and practice them against his own girlfriend, the defendant wants to be responsible for his actions, but because there is no money and not approved by the family, the defendant is reported to the police to account for his actions.
Implementasi Tindak Pidana Ringan Dalam Kasus Penganiayaan (Studi Putusan Nomor : 178/Pid.B/ 2017/ PN. Mdn) M, Anwita Fauziah; Mubarak, Ridho; Trisna, Wessy
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JURNAL JUNCTO JUNI
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Abstract

Minor criminal acts are regulated in Article 352 of the Indonesian Criminal Code, which is a maltreatment that does not cause illness or is prevented from doing office or daily work. Type of normative juridical research. The nature of the research is analytical descriptive is a study that describes, examines, explains and analyzes a legal regulation and describes the results of the data received based on the data source and also by analyzing related cases based on sample cases seen from the Medan District Court Decision in a criminal offense of minor maltreatment . The application of criminal law against criminal offenses of mild persecution in Decision Number: 178 / Pid.B / 2017 / PN Mdn is the perpetrators violating Article 351 paragraph (1) of the Criminal Code, namely: first, legally proven and convincing guilty of committing a criminal offense, secondly, sentenced to prison for 3 (three) months and 15 (fifteen) days, third, stipulates the period of arrest and detention that has been served by the Defendant deducted entirely from the criminal convicted, fourth, orders the Defendant to remain in custody, fifth, imposes case costs to The defendant is Rp. 2,000, - (two thousand rupiah).
Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn) Purba, Rama Sari Atiwiz; Mubarak, Ridho; Rafiqi, Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JURNAL JUNCTO DESEMBER
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Abstract

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment
Peranan Kepolisian Dalam Penerapan Restorative Justice Terhadap Kecelakaan Lalu Lintas Di Wilayah Polsek Deli Tua (Studi Kasus Polsek Delitua) Siregar, Rizki Dwi Wira; Mubarak, Ridho; Zulyadi, Rizkan
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JURNAL JUNCTO DESEMBER
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Abstract

The role of the Police in traffic accidents by conducting peace efforts against victims and perpetrators is resolved using a restorative justice approach. The Police are giving more attention in the Delitua region because of the rapid increase in population which makes the number of accidents increasing. This type of research is normative juridical namely research methods conducted by studying existing norms or legislation related to the issues discussed. The nature of this research is descriptive analysis, which is to provide as detailed data as possible in Delitua Sector Police to collect some data and to analyze those related to thesis writing. The role of the Police in traffic accidents by conducting peace efforts against victims and perpetrators is resolved using the restorative justice approach in the Deli Tua Police Sector. Factors Causing the Termination of Investigation of Traffic Accidents Particularly at the Deli Tua Police Sector there was a peace between the two parties and insufficient evidence was obtained.
Peran UD Rumah Adat Minang Selaku Produsen Makanan Ringan Dalam Perlindungan Hukum Terhadap Konsumen (Studi Kasus Di Usaha Dagang Rumah Adat Minang Medan) Pulungan, Hajijah Juliana; Barus, Utary Maharani; Munawair, Zaini
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JURNAL JUNCTO JUNI
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Abstract

Food production activities or processes to be circulated or traded must meet the provisions regarding food sanitation, food additives, contaminated residues, and food packaging. Another thing that should be considered by everyone who produces food is the use of certain methods in food production activities or processes. This research method is library research and field research. Legal arrangements regarding the rights and obligations of business actors and consumers in Indonesia, are in accordance with Law No. 8 of 1999 concerning consumer protection, Law No. 23 of 1992 concerning Health, Law No.18 of 2012 concerning food and the Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertising The role and responsibilities of the Minang traditional house trade business as a producer. Consumers' legal remedies have been stated in Article 19 of Law No. 8 of 1999 concerning consumer protection. The process of resolution to consumers who complain through compensation with the same chips, by bringing proof of purchase of chips that are no longer suitable for consumption and proof of purchase receipt.
Perlindungan Hukum Terhadap Korban Perdagangan Perempuan Dan Anak (Trafficking) (Studi Pengadilan Negeri Medan) Tekualu, Lisana Dewi Sidqin; Lubis, Anggreini Atmei; Munthe, Riswan
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JURNAL JUNCTO JUNI
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Abstract

Human trafficking is a special criminal act that has been going on for a long time and is very difficult to eradicate. Medan City is one of the biggest cities in Indonesia which is one of the cities contributing to the exploitation of women and children, due to population growth that is far more dominant by women compared to men. This type of research is a normative juridical descriptive nature. Forms of legal protection for victims of trafficking of women and children are direct and indirect. It can directly be in the form of compensation in the form of restitution and compensation, and providing protection in the rights of other victims, such as giving a new identity, granting physical and psychological rehabilitation, and so forth. Indirect protection is the pouring of rules regarding trafficking for potential victims with the threat of criminal confinement and fines. In upholding the law to traffickers, it can be carried out in several stages, namely investigation and investigation by the police, examination of the completeness of case files by the public prosecutor, examination in trial, and carrying out a decision (execution) from the court
Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak (Studi Putusan No. 67/Pid.Sus-Anak/2017/PN. Mdn) Lubis, Muhammad Syahputra; Hidayani, Sri; Muazzul, Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JURNAL JUNCTO JUNI
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Abstract

In the Indonesian constitution, children have a strategic role that is explicitly stated that the state guarantees the right of every child to survival, growth and development and to protect against violence and discrimination. This type of research is normative juridical and is analytical descriptive in nature. The legal consequences of criminal acts of theft committed by children are reviewed in Law No. 11 of 2012 is a two-year prison sentence because a child offender is proven to have committed the crime of theft by force. Judge's considerations on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing penalties on perpetrators of theft perpetrated by children is that the acts committed have fulfilled the elements in the indictment namely Article 365 paragraph 1 to 1e and to the Criminal Code , and considering incriminating matters, namely the perpetrators' actions which disturb the community and harming the victims, and consider mitigating matters, namely the defendant being polite and has never been convicted
Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang No : 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid/2018/PN. Mdn) Sinaga, Agus Pranata; Lubis, Anggreini Atmei; Munthe, Riswan
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JURNAL JUNCTO JUNI
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Abstract

The narcotics problem has now penetrated all elements of the nation ranging from children to adults, from the lower classes to officials, even politicians and law enforcement are not sterile from narcotics abuse, so that eradication efforts are not enough to only be handled by the government and law enforcement officials instead, it needs to involve the whole community to play a role and actively participate in its prevention and eradication. This type of research is empirical juridical law research. Application of Material Criminal Law by the Judge against the Narcotics Misuse Act of Group I in non-plant form Decision number 423 / pid.sus / 2018 / PN. Mdn is right. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics indicted in the Primair Indictment. The legal consideration by the Judge regarding the criminal acts of Misuse of Narcotics of Group I in the form of non-plants in imposing convictions is appropriate because the Judge in case Number 423 / pid.sus / 2018 / PN. Mdn handed down convictions based on witness statements, defendant statements, and documentary evidence according to Article 184 of the Criminal Procedure Code as legal evidence.
Penegakan Hukum Terhadap Tindak Pidana Kepabean Penyeludupan Pakaian Bekas (Putusan No. 237/Pid.B/2016/PN.Tjb) Tambunan, Roberto; Suhatrizal, Suhatrizal; Siregar, Taufik
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JURNAL JUNCTO DESEMBER
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Abstract

Smuggling is a problem that often occurs in Indonesia, so the smuggling problem must receive the full attention of the government to be immediately addressed. As a national legal product based on the Pancasila and the 1945 Constitution, the form of the Proactive and Anticipatory Customs Law is still very simple, on the other hand it must reach a broader aspect to anticipate the development of trade. The method of this research is Library Research and Field Research. The negative impact of smuggling used clothing is very detrimental to the domestic industry and detrimental to the country's income and economy, but on the other hand there are also positive impacts on the poor that benefit from being able to buy ex-foreign goods from smuggling at low prices and higher quality high. As one of the Government Agencies participating in the effort to eradicate the smuggling of used clothing and the public should not be easily tempted by the import price of used clothing which is cheaper than local clothing, because the level of health is not necessarily guaranteed.

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