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[AKIBAT HUKUM KEPAILITAN SUAMI TERHADAP HARTA BERSAMA MENURUT UNDANG-UNDANG KEPAILITAN (Analisis Putusan Mahkamah Agung Nomor: 057.PK/Pdt.Sus/2010) ]]>
<![CDATA[Sebayang, Siddik Meliasta]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1163
<![CDATA[Marital property is the property acquired during the marriage, regardless of who produced it (either husband or wife only, or husband and wife), then the property belongs to both and the marital property. Concerning the marital property of a husband or wife may act solely on mutual consent or consent of both parties. The existence of wealth in marriage is not only the possibility of property owned by each husband and wife. This study is a descriptive analysis that leads to normative juridical research. Based on the results of the study found that the marital status of husband or wife to marital property is same. The legal provisions concerning the payment of the debt of a spouse or husband for the settlement of the debt concerned shall be repayable on the goods of origin of the husband or the wife who holds the debt, unless the marriage agreement is made before it is executed. The consequences of the bankruptcy law of husbands against joint property can be applied as a joint bankruptcy because basically the unity of property is not only the merging of wealth but also the burden of payment. Bankruptcy husband and wife who married in unity of property, treated as bankruptcy unity of property. Settlement of bankruptcy dispute can be done through the mechanism of bankruptcy application and also through the mechanism of postponement of debt payment obligation in accordance with the rules of the applicable legislation.]]>
<![CDATA[KONSEPSI PERLINDUNGAN ANAK DARI TINDAKAN EKSPLOITASI SEKSUAL KOMERSIAL ANAK PADA HUKUM INTERNASIONAL DAN PENERAPANNYA DALAM HUKUM NASIONAL ]]>
<![CDATA[T. Riza Zarzani N]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1196
<![CDATA[The conception of child protection from various forms of crime, such as sexual exploitation that has been existed in various legal provisions and at the level of international law of the existence of children as subjects of human rights which has been manifested by the ratification of the Convention on the Rights of the Child. Indonesia has implemented child protection by issuing Laws Number 23/2002. The implementation of child protection from sexual exploitation in Indonesia is conducted through legislation, namely: ratification and establishment of rules on child protection, executive efforts by making effective law enforcement agencies such as police, KPAI establishment. Efforts to combat commercial sexual exploitation are done by synergizing between law enforcement officers, legislation and preventive efforts through education.]]>
<![CDATA[TINJAUAN KRIMINOLOGI TERHADAP SUAMI PELAKU PENGANIAYAAN DALAM RUMAH TANGGA ]]>
<![CDATA[Lailatus Sururiyah]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1160
<![CDATA[Persecution is to deliberately injure the human body or cause pain as a goal, not as a means of achieving a permissible purpose, such as hitting a child within the boundaries deemed necessary by the child’s own parent. The persecution of husbands in the household is included in criminology crimes. It is known that many areas in Indonesia where husbands abuse in the household in this case the persecution to his wife and children. It is understood that the causes of husbands are persecuting the household, namely the wife and child in general, because the husband is often drinking and using drugs, but the whole cause is economic, social, psychological, supporting, and also the cause of the accident. The criminology review of husband’s abuse of wife and child when the persecution causes pain, discomfort to the body, the wound of the body. And there must also be elements of the act, either originated from attacks or fights. The consequences of criminal law for husbands who inflict abuse on their wives and children are imposed in accordance with Article 44 of Laws Number 23/2004 on the Elimination of Domestic Violence and also Article 80 of Laws Number 35/2014 on Child Protection.]]>
<![CDATA[PEMBATALAN PERJANJIAN JUAL BELI HAK ATAS TANAH AKIBAT ADANYA UNSUR KHILAF ]]>
<![CDATA[Fajaruddin Fajaruddin]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1167
<![CDATA[The occurrence of wanprestasi in an engagement as a source of sale and purchase agreement that always begins with contractual relationships (characteristics of default is always preceded by a contractual relationship) can be caused by some elements of which one of the elements is err. As a result of the law, the land purchase agreement which is made contains elements of khilaf reflected in Article 1321 and 1449 Civil Code. Article 1321 Civil Code: Affirms: “There is no legitimate agreement if the agreement is given by mistake, or obtained by coercion or fraud”, and Article 1449 of the Civil Code states: “A contract made by force, an oversight or a fraud, publishes a demand to annul it”.]]>
<![CDATA[PERKEMBANGAN HUKUM SEKTOR JASA KEUANGAN DALAM UPAYA PERCEPATAN PERTUMBUHAN EKONOMI NASIONAL ]]>
<![CDATA[Tri Handayani]]>;
<![CDATA[Lastuti Abubakar]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1220
<![CDATA[Indonesia’s financial services sector shows a rapid development in line with changes in the regional and global sector. Taking a role in promoting the acceleration of national economic growth, financial services sector is directed to optimally play a role in stability of the financial system as a foundation for sustainable development, and realizing the financial independence of the community and supporting efforts to increase equity in Development (inclusive). This research uses normative juridical approach with analytical descriptive research specification. Data were analyzed by qualitative juridical. Based on the results of the research, the regulation in the financial services sector is growing rapidly as a result of regional and global demands, especially facing the ASEAN Banking Integration Framework (ABIF). Legal developments in the financial services sector are reflected in regulatory changes on institutional, service and product aspects as well as dispute resolution. There is still a need for legal reform that can provide a solid legal basis for the financial services sector, namely civil law reform and banking law.]]>
<![CDATA[PEMBERIAN WASIAT WAJIBAH TERHADAP AHLI WARIS BEDA AGAMA ]]>
<![CDATA[Muhammad Rinaldi Arif]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1161
<![CDATA[According to Islamic law, one of the obstacles to get inheritance is the religious difference between joint heirs and testator. The condition for the joint heirs of different religions felt unfair, so the problem is then brought to the realm of law. The Supreme Court Decision Number 368.K/AG/1995 provides a way for the joint heirs of different religions to obtain the inheritance through a wasiat wajibah. This study is a descriptive analysis that leads to normative legal research, with a research of legal approach. Data collection is obtained from secondary data by library study. The data obtained is then analyzed using qualitative analysis. Based on the results of the research according to the Supreme Court Decision Number 368.K/AG/1995, the concept of wills is not only for adopted children or adoptive parents, but also for non-Muslim heirs by giving Part or portion of the heirs of different religions based on the heirs of different religions based when he/she is Muslim. Analysis of the Decision of the Supreme Court of the Republic of Indonesia Number 368.K/AG/1995, about the provision of wasiat wajibah to the heirs of different religions is that the provision of wasiat wajibah to the heirs of non-Muslims actually is not in accordance with the rules of Islamic law.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA BAGI ANAK YANG MELAKUKAN KEKERASAN FISIK TERHADAP PEMBANTU RUMAH TANGGA (Analisis Putusan Nomor: 27/Pid.Sus-Anak/2014/PN.MDN) ]]>
<![CDATA[Atikah Rahmi]]>;
<![CDATA[Suci Putri Lubis]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1166
<![CDATA[The imposition of criminal sanctions on children effects bad mental for development of children. Medan District Court has given criminal sanctions to children through Decision Number: 27/Pid.Sus-Anak/2014/Pn.Mdn. This verdict becomes interesting object to examine in aiming to know the criminal liability imposed on the child by analyzing the decision. This research is a normative juridical research with case approach, while its characteristic is descriptive. Data analysis is done by qualitative juridical. Based on the results of the research and analysis carried out that criminal liability of court handed over the child is considered ineffective, because the modern punishment system does not apply torture to children but more attention to the best interests for children.]]>
<![CDATA[STUDI KOMPARATIF PELAKSANAAN PERADILAN ISLAM DI NEGARA MALAYSIA DAN SAUDI ARABIA ]]>
<![CDATA[Yusrizal yusrizal]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1227
<![CDATA[The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories.]]>
