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PENEGAKAN HUKUM TERHADAP PELAKU PERDAGANGAN SATWA DILINDUNGI DI WILAYAH HUKUM PENGADILAN NEGERI IDI Iqbal, Muhammad; Lubis, M. Yamin; Purba, Nelvitia
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

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The legal arrangements for the criminal act of trafficking in endangered species in the jurisdiction of the IDI District Court are specifically regulated in Law No.5 / 1990 on BKSDA and Qanun Number 11 of 2019 concerning Wildlife Management. In both regulations, there are several actions that are prohibited, including trading protected wild animals as regulated in Article 21 paragraph (2) of Law no. 5/1990 on BKSDA. Law enforcement against traffickers of endangered species in the jurisdiction of the IDI District Court is still not maximal. It is known from 11 cases of elephant deaths that occurred in 2018, only one case was successfully resolved by investigators, and examined and tried by the IDI District Court. Barriers encountered in law enforcement against perpetrators of endangered wildlife trade are influenced by the substance of the law, law enforcement, facilities and infrastructure, and community factors.
TINJAUAN YURIDIS PANCASILA SEBAGAI STAATFUNDAMENTALNORM DALAM MENGHADAPI KAPITALISME PENYELENGGARAAN PENDIDIKAN DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 12 TAHUN 2012 Manurung, Ojak; Lubis, M. Yamin; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

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In practice, in the implementation of education in the field, the main idea is to get a large profit from the implementation of this education, especially in several non-government educational institutions. The formulation of the problem in this thesis is how to regulate the crime of money laundering, how to change the paradigm in the implementation of higher education in Indonesia after the issuance of Law Number 12 of 2012 concerning Higher Education, what is the form of the threat of capitalism currently facing the Indonesian nation in the administration of higher education what is the position of Pancasila as the fundamental norm in facing the threat of capitalism to the implementation of higher education in Indonesia. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the paradigm shift in the implementation of higher education in Indonesia after the issuance of Law Number 12 of 2012 concerning Higher Education is seeking, discovering, disseminating, and upholding the truth. The form of the threat of capitalism currently faced by the Indonesian nation in the implementation of higher education is in the form of materialism, consumerism, hedonism, pragmatism, and instant attitudes that have become a serious threat to efforts to educate the nation's children to become superior human resources. All forms of barriers to education must be removed, including those caused by the inability to reach the cost of education. The position of Pancasila as a fundamental norm in facing the threat of capitalism to the implementation of higher education in Indonesia is that the strengthening of national identity, nationalism and culture is important for the education world to pay attention to in relation to the influence of globalization.
ANALISIS KEBIJAKAN KEWAJIBAN VAKSINASI COVID-19 OLEH PEMERINTAH TERHADAP SETIAP WARGA MASYARAKAT DALAM PERSPEKTIF HAK ASASI MANUSIA DAN HAK KONSTITUSIONAL WARGA NEGARA Ginting, Oskar Arifandi; Lubis, M. Yamin; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

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The role of the state in fulfilling the basic needs of the people is very necessary, especially in the form of comprehensive health services, with health being recognized as one of the human rights. The formulation of the problem in this thesis is how to regulate the implementation of vaccination against citizens, what are the factors that cause rejection from the community towards the implementation of vaccination programs organized by the government, whether the obligation to carry out vaccinations against citizens is contrary to human rights and constitutional rights of citizens. This type of research is normative juridical, namely research based on law. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. The results of the study indicate that the regulation of the implementation of vaccination against citizens is regulated in the Indonesian constitution which guarantees health insurance for its citizens, as embodied in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. by the government, health workers who have survived Covid-19 still have doubts about being vaccinated, the environment, namely if the people closest to them are against and continue to influence them, there is a possibility that they will also be against the effectiveness of vaccines, mindsets, values ​​held and people doubt the halalness of vaccines. The obligation to carry out vaccination of citizens is a basic right that must be guaranteed, because health is part of the primary needs of every human being and in the perspective of fulfilling the basic rights of citizens to health, the government is bound by the responsibility to ensure adequate access for every citizen to health services that appropriate and optimal as an effort to respect, protect and fulfill state obligations by implementing human rights norms on the right to health.
EKSISTENSI PERBANKAN SYARIAH SEBAGAI NADZIR DALAM PENGEMBANGAN DAN PENGELOLAAN WAKAF UANG PERSPEKTIF UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF (Studi Pada PT. Bank Sumut Syariah-Cabang Lubuk Pakam) Moertiono, Raden Juli; Lubis, M. Yamin; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

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Abstract

Bank Sumut Syariah Lubuk Pakam Branch has not been designated as LKS-PWU. So that PT. Bank Sumut Syariah Lubuk Pakam Branch has not been able to receive and directly manage the cash waqf from muwakif. PT. Bank of North Sumatra Syariah, also has not met the requirements to be recommended as LKS-PWU by BWI. Barriers of PT. Bank Sumut Syariah-Lubuk Pakam Branch in its position as nadzir to manage and develop cash waqf, is PT. Bank Sumut Syariah-Lubuk Pakam Branch is not included as a LKS-PWU appointed by the minister. The efforts of Islamic banks as nadzir are to increase the role of nadzir and the Indonesian Waqf Board as well as Sharia Financial Institutions and also Sharia Business Units. then encouraging the community's interest in implementing cash waqf and also changing the community's paradigm of waqf. Especially for PT. Bank of North Sumatra Syariah-Lubuk Pakam Branch, must meet the requirements as LKS-PWU which have been stipulated by laws and regulations.
PERAN INTELIJEN KEJAKSAAN DALAM MENGUNGKAP PERKARA TINDAK PIDANA KORUPSI Harahap, M. Dedy Iskandar; Lubis, M. Yamin; Purba, Nelvitia
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

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The rise of corrupt practices in Indonesia has made this criminal act known as an extra ordinary crime so that it also needs extraordinary law enforcement. One of the ways to enforce the law of corruption is the Attorney General's Office. The formulation of the problem in this thesis is how the intelligence duties and functions of the Prosecutor's Office according to Law Number 16 of 2004 concerning the Prosecutor's Office, what is the role of the intelligence of the Attorney in uncovering cases of corruption, what are the obstacles and efforts of the Attorney's intelligence in uncovering corruption cases. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the intelligence duties and functions of the Attorney General were as a source of information, data and support. In the investigation process, intelligence agents carry out activities in the form of target analysis, task analysis and determining operational targets to collect data and collect information that will serve as evidence that a criminal act of corruption has been detrimental to state / regional finances. In general, the role of the Attorney General's intelligence office in uncovering criminal cases of corruption has a role, namely in the case of investigations into criminal acts of corruption by the intelligence. Prosecutor's Office in order to obtain information and disclosure materials to proceed to the investigation process by a special criminal section, preventive or preventive efforts by establishing a Guard Team. and Government Security and Regional Development (TP4D) based on a letter from the Attorney General's Order, and Intelligence at the State Prosecutor's Office in the search for fugitives from the prosecution / court. The obstacles to the intelligence of the Attorney General's Office in uncovering cases of criminal acts of corruption are in the case of summoning witnesses, collecting evidence, and fear of parties being questioned regarding the intervention of related agencies. Efforts to overcome this are by extending time in the process of summoning witnesses and collecting evidence related to cases.
Transparansi Dan Akuntabilitas Dalam Kebijakan Penentuan Tarif Biaya Transportasi Dan Akomodasi Dalam Pendaftaran Tanah Pertama Kali Di Kantor Pertanahan Kabupaten Toba Samosir Butarbutar, Amudi H.; Lubis, M. Yamin; Syafruddin Kalo; Sunarmi
Locus: Jurnal Konsep Ilmu Hukum Vol 3 No 1 (2023): Maret
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/jkih.v3i1.40

Abstract

Peraturan Pemerintah RI No. 128 Tahun 2015 tentang Jenis dan Tarif Atas Jenis Penerimaan Negara Bukan Pajak Yang Berlaku di Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional. Tarif atas biaya pelayanan survei, pemeriksaan, pengukuran, serta pemetaan dibebankan kepada pemohon/wajib bayar. Dalam praktek, biaya tersebut hanya tertera dalam peraturan, sebab selalu saja ada dana tambahan yang dikutip oleh oknum petugas dengan dalih memperlancar urusan, yang nilainya bisa berlipat ganda dan tarif yang ditentukan dalam peraturan. Pemohon/wajib bayar juga dibebankan biaya akomodasi dan transportasi atas pelayanan survei, pemeriksaan, pengukuran, serta pemetaan yang dilakukan oleh Kantor Pertanahan Kabupaten Toba Samosir. Hal ini menjadi persoalan bagi pemohon sebagai pihak yang wajib membayar. Padahal, transparansi dalam kebijakan penentuan biaya akomodasi dan transportasi pendaftaran tanah untuk pertama kali diperlukan agar masyarakat dapat mengetahui lebih jelas, transparan, akurat, cepat dan pasti dengan biaya yang sesuai dengan prinsip transparansi dan akuntabilitas. Dengan demikian, penelitian berjudul: “Transparansi dan Akuntabilitas Dalam Kebijakan Penentuan Tarif Biaya Transportasi dan Akomodasi Dalam Pendaftaran Tanah Untuk Pertama Kali di Kantor Pertanahan Kabupaten Toba Samosir)”, layak untuk dikaji dan dianalisis lebih lanjut. Kata kunci: Transparansi dan Akuntabilitas, Pendaftaran Tanah Pertama Kali, Kabupaten Toba Samosir. Abstract The Government Regulation of Republic Indonesia No. 128 of 2015 concerning Types and Rates of Non-Tax State Revenues Applicable in the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. Tariffs for a survey, inspection, measurement, and mapping service fees are borne by the applicant / must pay. In practice, these costs are only stated in the regulations, because there are always additional funds quoted by the officers on the pretext of expediting matters, the value of which can be doubled and the rates specified in the regulations. The applicant/obliger to pay is also charged accommodation and transportation costs for the survey, inspection, measurement, and mapping services carried out by the Land Office of Toba Samosir Regency. This is a problem for the applicant as the party who is obliged to pay. In fact, transparency in the policy for determining accommodation and transportation costs for land registration for the first time is needed so that the public can know more clearly, transparently, accurately, quickly, and with certainty at a cost that is by the principles of transparency and accountability. Thus, the study entitled: "Transparency and Accountability in the Policy for Determining Transportation and Accommodation Costs in Land Registration for the First Time (Study at the Land Office of Toba Samosir Regency)", deserves further study and analysis. Keywords: Transparency and Accountability; First Time Land Registration; Toba Samosir Regency.