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[Hak-Hak Perempuanterhadap Harta Dalam Suku Karo (Memaknai Simbol dalam Rangka Perubahan Hukum di Masyarakat) ]]>
<![CDATA[Rasta Pinem]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3162
<![CDATA[Indonesia is a legal state that guarantees the rights of every citizen equally, meaning that everyone has the same rights. Even the 1945 Constitution as the Indonesian constitution regulates the existence of human rights and Indonesian citizens' rights clearly and fairly. But Indonesia is also a country with a large number of tribes. Therefore the culture of each tribe in Indonesia can be different. Talking about the rights of citizens, it does not escape the right to inheritance. Property rights to women in karo tribes are considered unfair compared to the rights to property owned by men in karo tribes.]]>
<![CDATA[Alternatif Penyelesaian Sengketa Secara Arbitrase Melalui Pemanfaatan Teknologi Informasi ]]>
<![CDATA[Faisal Riza]]>;
<![CDATA[Rachmad Abduh]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3171
<![CDATA[Dispute resolution in essence can be done through two processes, namely the litigation process in court and non-litigation outside the court. In general, the litigation process will produce adversial agreements that have not been able to embrace common interests because their interests are facing each other. The results of the dispute resolution process in the courts tend to cause new problems, spend a long time, require expensive, unresponsive, and cause hostility between the parties to the dispute. Through a dispute resolution process outside the court, it will result in a win-win agreement solution, guaranteed confidentiality, protected from slow administrative procedures, low costs, good relations will still be established for the parties to the dispute. Arbitration is a way to resolve civil disputes outside the general court. The method of settlement is based on an arbitration agreement made in writing by the parties to the dispute. The main prerequisite for an arbitration process is the obligation of the parties to the dispute to make a written agreement (arbitration clause), and then agree on the law and procedure for how they will end the dispute. Arbitration settlement is widely used in trade disputes. The increasing development of trade, finance and national and international industries in the current era of globalization has led to advances in the economy and industry.]]>
<![CDATA[Kebijakan Kriminal Terhadap, Gay, Biseksual Dan Transgender (LGBT) Dikaitkan Dengan Delik Kesusilaan Di Dalam Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Ateng Sudibyo]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3169
<![CDATA[The presence of LGBT groups in Indonesia has in fact caused a stir in Indonesian society, because it has been regarded as a resistance to religion, nature, and values that live in Indonesian society which has never allowed such acts. LGBT acts are acts that violate the rules of religion and the value of religious life in Indonesian society. But ironically there is no legal umbrella specifically to regulate the LGBT problem even though if it is viewed from the illegal nature of an act, even if the act is not regulated in laws and regulations (against formal law), but if the deed is considered despicable because justice or norms of social life in society (against material law) then the action can be punished. The purpose of this study is to find out the legislation policy on LGBT in the offense of decency of the Criminal Code and to formulate the concept of LGBT criminal policy in decency offenses of the Law Future Criminal Law in Indonesia. This study uses a normative juridical approach and the nature of this research is descriptive analytical. Data retrieval is done through library studies in order to obtain secondary data, both in the form of primary legal materials, secondary legal materials, and tertiary legal materials. To support the research that has been carried out, field research is also carried out in order to obtain primary data that supports secondary data. The technical analysis used in this study is a qualitative analysis technique.]]>
<![CDATA[Perkawinan Sejenis Dalam Presfektif Aliran Eksistensialisme Dikaitkan Dengan Hak Asasi Manusia ]]>
<![CDATA[Syuhada, Otong]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3168
<![CDATA[A marriage is generally legalized in some countries for couples consisting of one male and one female. But similar marriage is a different matter. This type of marriage is often done between men and women and women. This marriage is considered as the right of the individual to shape his own life, so that anyone cannot forbid it, so does the existentialism flow which states that every individual is given the greatest freedom. Of course, this freedom makes an individual do things he thinks are right because it is from his own right as an individual. In HAM also states that the right to freedom of association contains elements of the right to freedom and social rights and freedom of religion shows the distinctive personal and collective rights, but if we examine it more deeply it is clear that freedom in question is freedom that has boundaries that must be met as well ; does it violate decency, religion, or the integrity of the nation? The purpose of this study is to find out same-sex marriage in the existentialism flow and to know the human rights perspective in criticizing same-sex marriage. This study uses a normative juridical approach and the nature of this research is descriptive analytical. ]]>
<![CDATA[Regulasi Mandiri Transportasi Online Dalam Pembayaran Pesanan Makanan Atas Konsumen Yang Ingkar Janji ]]>
<![CDATA[Erwin Asmadi]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3164
<![CDATA[The implementation of consumer protection is so detailed that it is regulated through the Consumer Protection Act. But the loss of the online transportation application service providers is less in the spotlight, let alone driver losses as parties affiliated with the service application. This paper presents the disadvantages experienced by drivers and how online service application service companies are able to solve these problems. Especially controlling the implementation of online transportation applications through self-regulation made by online transportation application provider companies (providers of electronic systems). The regulation is subject to and may not conflict with the laws and regulations in force in Indonesia. In practice, the driver loss is often not questioned, but as long as there is proof of purchase, assistance or replacement is possible to the extent possible by the application service provider.]]>
<![CDATA[Dualisme Pengaturan Mengenai Pemberhentian Pegawai Negeri Sipil ]]>
<![CDATA[Maria Arbina]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3165
<![CDATA[The enactment of Law Number 5 Year 2014 on State Civil Apparatus and Government Regulation Number 11 of 2017 concerning Civil Servants Management raises a dualism of regulation regarding dismissal of civil servants. Because in addition to the two regulations, Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants still applies. This raises a polemic, whether civil servants involved in corruption are subject to penalties based on Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants or Government Regulation Number 11 of 2017 concerning Management of Civil Servants. Responding to the polemic, the Constitutional Court's decision No. 87 / PUU-XVI / 2018 concerning the Testing of Law Number 5 of 2014 concerning the State Civil Apparatus which in its consideration stated that Civil Servants were convicted of committing criminal offenses or related criminal acts with a position subject to a termination not respectfully in accordance with Government Regulation Number 11 of 2017 concerning Management of Civil Servants.]]>
<![CDATA[Tindakan Yang Dilakukan Terhadap Kejahatan Abortus Provocatus Menurut Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Salim Fauzi]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3170
<![CDATA[The regulation of abortion in positive law in Indonesia is contained in two laws, namely the Criminal Code (KUHP) Article 299, 346, 347, 348 and 349 and regulated in Law No. 36 of 2009 concerning Health Article 75, 76.77. There is a difference between the Criminal Code (KUHP) and the Law with the formulation of a problem, namely 1. How is the Legal Regulation of Crime Abortus Provocatus? 2. Law Enforcement Against Crime of Abortus Provocatus According to Criminal Law The research method used in this study is the approach used to this problem The research material was obtained through a normative juridical approach namely legal approach by looking at regulations, both primary law and secondary law or approach to problem by looking at the prevailing laws and regulations, literature, scientific work and opinions of experts and so on.]]>
<![CDATA[Pemberian Izin Poligami Oleh Pengadilan Agama Di Indonesia ]]>
<![CDATA[Fitri Rafianti]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3167
<![CDATA[Polygamy is an inexhaustible problem for discussing the rise of classical fiqh law that seems to give an opportunity to a husband in polygamy, shifts to the rules and laws of state products that not only limit and complicate, but even prohibit and categorize a problem around family law as an illegal act. On the other hand, there is an arbitrary understanding of polygamy in Islamic Family Law in Indonesia. The nature of polygamy that develops in society that does not benefit women, therefore, from the issue of polygamy and its relation to institutionalization of law it becomes important to work out that individual civilization rules have entered the realm of public law, as one of the images dynamized in Islamic law This research is a normative juridical approach that is carried out by analyzing the problems that exist in this study through approaches to legal principles, as well as referring to legal norms contained in the laws and regulations relating to the title of this research.]]>
<![CDATA[Perlindungan Terhadap Produktivitas Hartadalam Sistem Kewarisan Islam (Analisis Terhadap Maqasid Asy-Syari’ah Dan Kalkulasi Fara’id) ]]>
<![CDATA[Indra Indra]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3166
<![CDATA[Islamic inheritance law is one of the most interesting topics to be studied because the Republic of Indonesia is a country with a population that is predominantly Muslim, in addition to the many disputes caused by Islamic inheritance law it is also the duty of academics to study this issue so that later it can become a source law in the future. On this occasion the author will examine or discuss how to protect productivity of Islamic inheritance, productivity means that something can be produced which of course the result is the right of one heir or another heir has the same rights. This will be studied using two theories from two different but closely related disciplines, Jurisprudence and other Jurisprudence. First, the method of istiṣlāḥiyyah which refers to maqāṣid ash-syarī‘ah hifẓ al-māl. Second, the istiqrā method or analysis of the farā‘iḍ calculation theory in the fiqh of the four schools.]]>
<![CDATA[Pelaksanaan Sita Jaminan Terhadap Objek Sengketa Yang Berada Di Tangan Pihak Ketiga Dalam Penanganan Perkara Perdata ]]>
<![CDATA[Teguh Syuhada]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3163
<![CDATA[Civil procedure Code regulates an institution called the seizure of property (conservatoir beslag) which is regulated in Article 261 RBG or 227 Paragraph (1) HIR. Article 261 The RBG explains as follows: If there are reasonable grounds, that a person is in debt, before the decision is made, or before the verdict that defeats it cannot be implemented, but in order to provide certainty and a sense of justice for the parties in the civil case the role of the institution is needed confiscation guarantee. The confiscation institution is considered able to keep the disputed goods from the defendant's actions so that it can guarantee the plaintiff's interests can be protected. In practice the seizure guarantee in the lawsuit is granted by the judge and declared valid and valuable will automatically become executorial seizure in order to support the decision. Parties with an interest in the rights of the object disputed in a civil suit shall, at the request of the person concerned, the Chairperson of the District Court give the order to confiscate the object of the dispute in order to safeguard. In practice, seizure guarantees do not always go well, especially for collateral seizure, where the object of the dispute is in the hands of a third party, so that the importance of reviewing the confiscation process is in the hands of third parties in the object of handling civil cases.]]>
