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Rahmat Ramadhani
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Faculty of Law, University of Muhammadiyah Sumatera Utara Jl. Kapten Mukhtar Basri No. 3 Medan, Kode Pos 20238
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INDONESIA
DE LEGA LATA: Jurnal Ilmu Hukum
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : 2477653X     EISSN : 24777889     DOI : 10.30596/dll.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Umum - Umum
Articles 14 Documents
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Search results for , issue "Vol 11, No 1 (2026): January-June" : 14 Documents clear
Legal Power of Notarial Wills According to the Compilation of Islamic Law Putra, Tonny Nurmala; Sudiro, Amad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27504

Abstract

A will is a legal instrument in the inheritance system in Indonesia, thus its position is very important because it contains both legal and religious aspects. As an authentic deed, a notarial will has great evidentiary power because it provides legal certainty in the eyes of positive law. However, its substance is often inconsistent with or contradicts the principles of Islamic law. Thus, there is a challenge, namely the still-unharmonious relationship, especially between positive law and Islamic law in practice in Indonesia. This study aims to analyze and examine the extent of the legal force of a notarial will in the Compilation of Islamic Law applicable in Indonesia. This study uses a normative legal research method. The results show that the legal force of a notarial will is relative for Muslims, because it depends on the conformity of the substance of the notarial will with Islamic law.
Ratification Of The Convention On Contracts For The International Sale Of Goods (CISG) To Improve Indonesian Business Actors Bargain Position In International Transaction Contracts Hermawati, Mutiara; Azaria, Davilla Prawidya
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26980

Abstract

Indonesian business actors are often in unfavorable bargaining positions on international contract transactions. Mainly is caused by inconsistency between KUHPerdata as the legal instrument and its implementation. This paper aims to explain how KUHPerdata and CISG determine the bargaining position then analyze CISG normatively as the best legal instrument option to improve Indonesian business actors and lift up its unfavorable position. Research method uses normative legal conduct by statute and comparative approaches. KUHPerdata and CISG are primary legal instruments in comparison while supported with the best practices in Vietnam and China. Result shows that KUHPerdata holds at least four crucial weaknesses which leads to an unfavorable position for its beared actors. On the other hand, CISG could overcome those weaknesses with the fundamental breach concept as its effective limit manifestation. By ratifying CISG and adopting the best practices in Vietnam and China would improve Indonesian beared actors bargaining position in international contract transactions. 
Business Actors' Default in K-Pop Merchandise Purchase Agreements on Social Media Sedyo, Nastiti Respati; Sulastri, Sulastri
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27124

Abstract

The rapid development of digital technology has transformed buying and selling transactions, including K-Pop merchandise trading through pre-order systems on social media. The pre-order system allows buyers to place and pay for orders before the goods are available. However, in practice, business actors often commit breaches of contract, such as delayed delivery, mismatched products, or unfulfilled refunds. This research aims to analyze the forms of breach of contract committed by business actors in K-Pop merchandise pre-order agreements and their legal consequences. The study uses a normative juridical method with a statutory and case approach, supported by literature review and data from real cases on social media platform X. The results show that business actors who fail to fulfill their contractual obligations are considered to have committed a breach of contract as stipulated in Article 1243 of the Indonesian Civil Code and are required to compensate the buyers for the losses. Dispute resolution can be pursued through both litigation and non-litigation means as regulated in Article 38 of Law Number 11 of 2008 concerning Electronic Information and Transactions.
Implementation Of Fixed-Term Work Agreements Based On Positive Law In Indonesia Perdana, Surya
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27166

Abstract

An employment agreement, which is the beginning of an employment relationship, can be classified based on its duration. A temporary agreement can be referred to as a fixed-term employment agreement. A permanent agreement is called an indefinite-term employment agreement. A Fixed-Term Employment Agreement (PKWT) is an agreement between an employee and an employer when the parties agree to perform specific work within an employment relationship for a short period of time. Meanwhile, an Indefinite-Term Employment Agreement (PKWTT) is an agreement between an employee and an employer when the parties agree to perform work within an employment relationship for a continuous and fixed period of time. An employment agreement refers to contract law, which is an event in which one person promises to another or where two people mutually promise to carry out something. An agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment states that an employment agreement is: "An agreement between a worker/laborer and an employer or employer containing the terms of employment, rights, and obligations of the parties." Employment agreements are divided into two types: PKWT and PKWTT. Provisions regarding written employment agreements are regulated in Article 54 paragraph 1 of Law Number 13 of 2003 concerning Employment. The provisions, nature, and type of work for fixed-term employment agreements can be seen in Article 59
A Legal Review of Informed Consent in Plastic Surgery Practice in Indonesia Fibrini, Dewi; Simarmata, Marice; Risdawati, Irsyam
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27531

Abstract

Informed consent, as a statement of agreement by the patient in this therapeutic agreement, is considered valid if the patient expresses his or her will freely. Therefore, when a patient expresses his or her consent in the form of informed consent, the patient must express his or her will without any coercion, error, or deception. What we want to discuss here is that sometimes patients are not honest when asked for information regarding their actual condition by the doctor. This results in the doctor in performing medical procedures having to violate the informed consent agreement because the patient's condition makes it impossible to fulfill the informed consent agreement. Informed consent in medical procedures is one of the elements that must be fulfilled and serves as the basis for justification for medical procedures, especially for invasive medical procedures. Invasive medical procedures can basically be classified as acts of abuse as regulated in Article 351 of the Criminal Code. However, this categorization is removed if the medical procedure meets three justification elements: if the medical procedure is carried out in accordance with scientific knowledge and experience in the medical field; there is a concrete medical purpose; and there is informed consent. Informed consent becomes risky when the patient is in an emergency condition. Therefore, legal protection is needed for medical personnel. Legal protection for doctors in the context of health communication is also an important consideration. When a conflict arises between a doctor's obligation to provide accurate information and the obligation to maintain the confidentiality of patient medical data, doctors are often vulnerable to potential lawsuits. Law No. 17 of 2023 and other regulations provide legal protection for doctors by establishing limits on their obligations and rights in communicating with patients. This legal protection includes protection from unfounded lawsuits, dispute resolution mechanisms through mediation, and support for doctors in more complex medical consultations. Patient dishonesty can seriously impact the quality of medical care. If patients do not provide complete or accurate information, the risk of misdiagnosis or treatment errors increases significantly. The impact of these errors not only endangers the patient's health but also places doctors at risk of lawsuits or malpractice claims.
Legal Certainty for Curators in the Implementation of Auctions of Collateral Objects of Bankrupt Debtors (Case Study of Decision Number 557 K/Pdt.Sus-Pailit/2024) Trisnamurti, Nabila Adya; Sudiro, Amad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26893

Abstract

This study investigates the legal guarantees for curators in the administration of collateral assets belonging to debtors declared bankrupt and subject to auction, as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU). Specifically, this study refers to Decision Number 557 K/Pdt.Sus-Pailit/2024. The discussion includes the regulatory framework regarding legal protection for curators and an examination of the curator's authority to manage collateral assets included in the bankruptcy estate to be auctioned. Using a normative juridical approach along with case studies, the evaluation is based on the application of the law and the protection of the rights of curators and creditors. The study findings indicate that the reviewed decisions confirm the curator's authority to manage and auction collateral assets as part of the bankruptcy estate resolution process. Legal clarity regarding the curator's function is crucial to ensuring that the auction process is carried out effectively, fairly, and in compliance with regulations, while protecting the rights of secured creditors.
Comparative Study of Polygamy in the Marriage Law Based on Islamic Law and Feminism Perspective Masrofah, Masrofah; Widodo, Selamat; Saefudin, Yusuf
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27327

Abstract

This study examines the extent to which Islamic legal norms regard polygamy as a permissible marital practice, and how feminist legal perspectives assess such practice within the framework of gender equality and the protection of women’s rights. The research is directed by two principal legal questions: (1) What is the comparative analysis of polygamy under the Marriage Law when viewed from the standpoint of Islamic Law and Feminist Legal Theory? and (2) How is the concept of justice for women subjected to polygamous marriages assessed under Islamic Law and Feminist perspectives? This study employs a normative legal research design using a qualitative  descriptive analysis. Data were obtained through a literature-based method involving statutory materials, authoritative legal texts, scholarly works, and relevant academic articles. An analytical approach was adopted to interpret the meaning and scope of terms contained in legislative provisions, while data collection was conducted through comprehensive doctrinal and literature review to assemble all relevant legal information. The findings of this research demonstrate both differences and points of convergence between Islamic Law and Feminist perspectives regarding the legal and ethical status of polygamy. Under Islamic Law, polygamy is deemed permissible subject to strict substantive and procedural conditions, including the husband’s ability to uphold justice among his wives, both materially and emotionally. In practice, however, the failure to fulfil the principle of justice often results in discrimination and harm toward women. Conversely, from a Feminist perspective, polygamy is viewed as an inherently inequitable institution that reinforces patriarchal structures and places women in subordinate positions, socially, economically, and emotionally. Therefore, in order to achieve justice from both legal and gender-equality standpoints, a reinterpretation and reassessment of existing marital regulations is necessary to ensure greater responsiveness to gender justice and stronger protection of women’s rights.
Legal Implications of Nominee Schemes in Foreign Ownership of Limited Liability Companies in Indonesia Audy, Viola; Sudiro, Amad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26894

Abstract

The nominee scheme is a common practice in foreign investment in Indonesia, whereby an Indonesian citizen lends their name to formally hold shares on behalf of a foreign party in order to circumvent legal ownership restrictions. This practice raises legal concerns as it contradicts principles of transparency and legality enshrined in the national legal system. This article aims to examine the legal implications of nominee arrangements in foreign ownership of limited liability companies (Perseroan Terbatas) through a normative juridical approach. The discussion focuses on the validity of nominee agreements under Indonesian positive law and the legal consequences for both the foreign investors and the Indonesian nationals acting as nominees. The study finds that nominee schemes contravene the Investment Law, the Company Law, and the principle of beneficial ownership, rendering such agreements null and void by law, and denying legal protection to the parties involved.
Transforming Health Insurance Law: Toward Substantive Justice for Health Social Security Administering Body Rattu, Deborah Johana; subarsah, T
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26491

Abstract

Health is a fundamental right guaranteed under Article 28H of the 1945 Constitution of the Republic of Indonesia, obligating the state to provide inclusive and equitable access to healthcare services. The establishment of the National Health Insurance (NHI) Program, administered by the Social Security Administrative Body for Health (SSAB-Health), marked a significant milestone in the transformation of Indonesia’s health insurance system. However, despite its normative foundation in constitutional and statutory law, the program faces persistent challenges in practice, including discrepancies between contribution adjustments and service quality, regional disparities in healthcare infrastructure, delayed claim reimbursements, discriminatory practices against participants, and limited public understanding of rights and obligations. This study analyzes these problems using legal and governance theories, including the distinction between formal and substantive justice, spatial justice, legal culture, and good governance principles. The findings demonstrate that while the NHI Program has expanded coverage, its effectiveness is weakened by systemic inequities and governance deficiencies that undermine its legitimacy and protective function. The paper argues for a comprehensive legal transformation that emphasizes substantive justice, encompassing regulatory reforms, institutional restructuring, stronger protection of patient rights, infrastructure capacity building, and enhanced public education. Such transformation is essential not only to fulfill constitutional mandates but also to contribute to broader national development objectives, including poverty reduction, human capital enhancement, and social cohesion. In this way, the reformation of health insurance governance serves as both a legal imperative and a strategic pathway toward achieving social justice in Indonesia.
Legal Resolution of Same-Sex Relationships in Indonesia Riyadi, Muhammad Rafi; Agustanti, Rosalia Dika
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27791

Abstract

This research is motivated by the social fact that same-sex relationships in Indonesia remain a sensitive issue, giving rise to tensions between moral values, religious views, and the national legal framework. Although consensual same-sex relationships between adults are not criminalized in the Criminal Code, there are regulatory ambiguities, the potential for indirect criminalization through moral norms, and the existence of several regional regulations that restrict the freedom of movement of LGBT groups. This research aims to analyze the applicable legal regulations regarding same-sex relationships and formulate a relevant legal settlement model in the Indonesian context. The issues include how the law regulates same-sex relationships in Indonesia and how the legal settlements are handled. The research uses a normative legal method with a statutory approach and a case approach utilizing secondary data. The results show that national legal regulations are still not uniform and tend to be influenced by majority moral norms, thus creating uncertainty in the protection of individual rights. Furthermore, the proposed legal settlement emphasizes the importance of regulatory harmonization, a non-discriminatory approach, and the protection of human rights as the basis for a more just settlement. This research emphasizes the need for clearer and more inclusive legal reforms to address Indonesia's evolving social dynamics.

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