DE LEGA LATA: Jurnal Ilmu Hukum
De Lega Lata is an academic journal published by Faculty of Law, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). De Lega Lata was first published in January 2016 with printed ISSN number 2477-653X based on The Decree of the Indonesian Institute of Sciences-Center for Documentation and Scientific Information Number 0005.013/JL.3.02/SK.ISSN/2015.03 and with online ISSN number 2477-7889 based on The Decree of the Indonesian Institute of Sciences-Center for Documentation and Scientific Information Number 0005.124/Jl.3.02/SK.ISSN/2015.03 03 De Lega Lata published twice a year in January and July Focus and Scope De Lega Lata is a media publication manuscript that contains the results of the Field Research Management applying peer-reviewed. Manuscripts published in De Lega Lata includes the results of scientific research original articles scientific reviews that are new, De Lega Lata accepts manuscripts in the field of: 1.Civil Law 2.Criminal Law 3.Civil Procedural Law 4.Criminal Procedure Law 5.Commercial Law 6.Constitutional Law 7.International Law 8.State Administrative Law 9.Adat Law 10.Islamic Law 11.Agrarian Law 12.Environmental Law
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<![CDATA[STATUS HUKUM ANAK LUAR KAWIN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 ]]>
<![CDATA[Martinelli, Ida]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.796
<![CDATA[Decision of Constitutional Court gives the child outside the civil status married to the biological father, the purpose of which provide legal protection to children outside of mating, so that the child’s rights as a whole can be obtained. The legal relationship between the child outside of mating with her biological father must be proven with science and technology and/or other evidence according to the law have blood relations.]]>
<![CDATA[POLITIK HUKUM PEMBENTUKAN DESA ADAT DALAM SISTEM PEMERINTAHAN DI INDONESIA ]]>
<![CDATA[Rauf, Muhammad A.]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.802
<![CDATA[This study aims to determine the legal political formation of indigenous villages in the government system in Indonesia. Village administration system becomes an important issue in setting the model villages in Indonesia. State recognition of indigenous villages punctuated with the enactment of Law No. 6 of 2014 concerning the village. This study uses normative legal research in which data are collected and analyzed by the sentences associated with existing theories. The results of the study explained that the significance of the state recognizes indigenous villages namely to restore the identity and culture of rural communities, develop and preserve the local wisdom that a system of life of indigenous people of the village and as the controlling influence of globalization that destroys the social culture and Indonesian culture and restore the identity nation. Unification and pluralism to be one cause erosion of the power system and the character of the life of indigenous peoples through policies issued by the State. Therefore it is important to realize the concept of law that characterizes the character and culture of Indonesia in accordance with the times and the law in the society through the instrument of legislation.]]>
<![CDATA[PERLINDUNGAN ANAK YANG DITANGKAP OLEH MILITER ASING DI NEGARA KONFLIK ]]>
<![CDATA[Faisal Riza]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.795
<![CDATA[The presence of children in armed conflict is not a rare case and cannot be avoided. Therefore, the protection of children is needed because of the age of them are still young and need a care, protection, and affection more than families and people who are nearby. A child who was captured by a foreign army in a conflict country, a reality that is bitter and depressing. Children are part of the civilian population must be protected, as stated in Article 24 of Geneva Convention IV which ensures that the warring factions will take the necessary actions for children under fifteen years old, children orphaned separate from his family because of the war, would not be left alone. These children get the protection, maintenance, and assistance in the implementation of worship and education. This convention ensures that children will remain protected in armed conflicts. The results showed that children who carried out the arrest of foreign military in armed conflict is a war crime that should not be done, because the children were arrested will undergo traumatic and it took a long time to recover.]]>
<![CDATA[KEDUDUKAN ANAK HASIL ZINA DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[Lukman Hakim]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.801
<![CDATA[The child of adultery has been controversial in law when it comes to talk about the rights that it should have. The controversy related to the line of descent, disinherited and other rights associated with the law. Islamic law considers the child of adultery naturally has the line of descent with his mother as well as disinherited. On the other side of the existing regulations in Indonesia, particularly Article 867 to Article 869 of the Civil Code, that child of adultery cannot be an heir of her mother and her biological father, they are only entitled to subsistence necessary.]]>
<![CDATA[PERSYARATAN NASKAH JURNAL DE LEGA LATA ]]>
<![CDATA[Tengku Erwinsyahbana]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.808
<![CDATA[PERSYARATAN NASKAH JURNAL DE LEGA LATA]]>
<![CDATA[PERLINDUNGAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Rizka Syafriana]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.803
<![CDATA[Consumer protection is a matter of human interest, therefore, a hope for all nations in the world to be able to make it happen. In Indonesia obstacles that hinder the development of trade via the Internet is in inadequate facilities that are needed for electronic dispute resolution institutions to cope.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KREDITOR YANG BERITIKAD BAIK AKIBAT PEMBATALAN HAK TANGGUNGAN ]]>
<![CDATA[Lilawati Ginting]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.800
<![CDATA[Security rights aims for giving protection and legal certainty for stakeholders, which one it is dependent creditor rights holders, but in practice this goal still cannot fully carried out, due to ongoing security rights can still be canceled court. Debitors must still be my response if the object binding guarantee with the court canceled encumbrance, such as spending manifestly been issued by the creditors, and for loss of expected profit from lending. Other efforts to do creditor to restore the rights of Its preferred to debtors, namely by requiring the debtor to replace a security object that has been canceled court with other objects which have a face value equal, and then do the loading objects according to new guarantee, such as in the form of a security interest, fiduciary, mortgages or liens.]]>
<![CDATA[PERLINDUNGAN KONSUMEN BAGI PASIEN PENGGUNA KARTU BPJS DI RSUD ARIFIN ACHMAD PROVINSI RIAU ]]>
<![CDATA[Irfan Ridha]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.798
<![CDATA[BPJS a poverty reduction which aims to have access and quality of health care of the poor can be improved so that no poor people who have difficulty accesin health care service by reason of lack of funds. Formation BPJS in Law No. 24 on BPJS. The research problem is whether the patient card users BPJS at Arifin Achmad Hospital Riau Province to obtain protection of consumers and how to shape consumer protection against card users BPJS patients at Arifin Achmad Riau province by Law No. 8 of 1999 on consumer protection in 2015. This study examines the empirical juridical legal aspects nmelihat implementation in the field. This research was conducted by Observational Research, is to survey. Data collectors in the form of questionnaires and interviews, while the nature of the research is descriptive of providing an overview of the issues examined. Respondents were patients BPJS card users and the hospitals Pekanbaru. The conclusion of this study is to unsatisfactory services provided by the City Hospital Pekanbaru to patients BPJS card users due to lack of patient understanding about their rights and obligations. So they were not able to do anything in case of misuse of their rights. Majanemen Hospital who are not professional is also an inhibiting factor in the provision of services that are good for society.]]>
<![CDATA[PELAKSANAAN COMPULSORY LICENSING PATEN OBAT-OBATAN BIDANG FARMASI DI INDONESIA DIKAITKAN DENGAN DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH ]]>
<![CDATA[Samariadi Samariadi]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.804
<![CDATA[Purpose of this study is firstly to find out implementation of compulsory licensing patent medicines in Indonesia’s pharmaceutical field linked Declaration DOHA, secondly to know resistance implementation of compulsory licensing to access drug in Indonesia, thirdly to know efforts should be done in implementation compulsory licensing as to support access public health. Author used legal research methods to get the result. Results of formulation problem, it can be concluded that, firstly implementation of compulsory licensing in Indonesia is still not maximized because only implement patent by the government alone, secondly obstacles in the implementation of covering obstacles in juridical aspect and non-juridical, thirdly attempts that should be done is to implement both compulsory licensing program which has been legalized by Indonesian patent legislation. Advice from author, firstly there should be legal reforms in Act Patent to enhance the article fully support access to public health, secondly their efforts to optimize pharmaceutical industry through appointment of other pharmaceutical industry to produce drugs Antiretroviral besides chemical pharma, thirdly government should enhance further technical provisions of compulsory licensing programs such as compulsory licenses, in order to assist the government to implement the mandate of the 1945 task in fulfilling rights of all people.]]>
