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[Memaknai Delik Dan Delik Tata Negara ]]>
<![CDATA[sarip sarip sarip]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3128
<![CDATA[The term delik is still identified with criminal law, the offense itself comes from delict in various legal literatures. That according to the positive law a strafbaar feit is actually nothing other than an action which according to a formulation of the law has been declared a punitive action. The thought that was considered wrong in learning stated that the term delict was criminal. The wrong terminology eventually spread among the students who always named delict as a criminal. Research on interpreting delicts and state administration offenses is a study carried out using old literature. Old literature has been chosen to strengthen the argument in finding a bright spot about the meaning of the offense itself. Writing defines offenses and constitutional offenses including in normative legal research carried out through various efforts to thoroughly examine and analyze legal provisions relating to research problems (study of law in the book). Through the meaning in the discussion it was found that the meaning of offense is basically not limited to criminal matters but can also be used in the meaning of state administration. So in constitutional offenses, an offense is used to gain power or maintain power. In addition, state administration offenses cannot be separated from the sovereignty theory itself. Then it can be concluded that the meaning of offense at this time is only trapped in a criminal that actually has a neutral meaning that is not limited to criminal matters.]]>
<![CDATA[Eksekusi Terhadap Pembatalan Surat Izin Mendirikan Bangunan Pada Perkara Tata Usaha Negara ]]>
<![CDATA[Zainuddin Zainuddin]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3198
<![CDATA[State and Government administrative decisions, namely decisions made by Government Agencies, both regulating and statutory (beschikking). Making provisions is a legal act. As a legal act the provision gives birth to rights and / or obligations, and the provisions that give birth to rights and / or obligations are called positive terms. This research is categorized in normative type research, where the data sources used are secondary data sources with data obtained through library research (library research) by processing qualitative data analysis. the focus of the problem in this study is how the execution of the cancellation of the building permit letter in the state administration case.]]>
<![CDATA[Memukul Dalam Mendidik Anak, Suatu Tinjauan Dalam Hukum Kekeluargaan Islam Dan Pandangan Hukum Positif ]]>
<![CDATA[Syofiaty Lubis]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3176
<![CDATA[Children are a gift given by Allah SWT. Parents are given a deposit that they must educate well about one thing or another. But it is not uncommon for parents to educate their children in the wrong way, for example by hitting their own children, not only is the child doing it right or wrong as a parent who is not allowed to beat his child. This study aims to see how the phenomenon of parents who educate their children by hitting through the views of Islamic family law and positive laws adopted in Indonesia. This research is a type of normative research that takes data sources based on library data that will be contested with existing rules and then summarized well so that readers can easily understand]]>
<![CDATA[Perlindungan Hukum Terhadap Perempuan Berhadapan Dengan Hukum Sebelum Dan Sesudah Lahirnya Perma Nomor 3 Tahun 2017 Tentang Pedoman Mengadili Perkara Perempuan Berhadapan Dengan Hukum ]]>
<![CDATA[Nurhilmiyah, Nurhilmiyah]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3172
<![CDATA[The problem of protection against women is still interesting to research. The rules of legislation that exist so far must continue to ensure its implementation properly and properly. Everyone is the same before laws and legislation prohibits discrimination and guarantees equal protection for everyone from discrimination based on any reason, including gender. It became interesting when the Supreme Court of Indonesia issued a Perma No. 3 year 2017 of the guidelines to prosecute women's issues with the law. The author wants to find answers to the question, how exactly is the legal protection state of women who are conflicted with the law before and after the issuance of Perma No. 3 year 2017.]]>
<![CDATA[Pemenuhan Restitusi Dan Kompensasi Sebagai Bentuk Perlindungan Bagi Korban Kejahatan Seksual Dalam Sistem Hukum Di Indonesia ]]>
<![CDATA[Atikah Rahmi]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3173
<![CDATA[Sexual crime is a form of crime that harasses and tarnishes human dignity. These crimes have a tremendous impact on victims, in the form of physical, psychological, economic and social. The impact experienced by victims will actually increase with the reaction of the community when women become victims. The condition of the victims was increasingly cornered, they became limited in carrying out their social roles. Victims experience prolonged trauma that requires recovery. Legal protection efforts against women and children victims of sexual crimes are a struggle for their rights. Restitution and compensation are forms of protection as an integral part of human rights in the field of welfare and social security, a form of protection that must be met for victims of sexual crimes. The concept of compensation for victims so far still relies on the concept of restitution charged directly to the perpetrators. This paradigm should have been changed, especially for victims of sexual crimes, both child and adult. Victims of sexual crime should no longer rely on the obligations of the perpetrators, but also the responsibility of the State by providing compensation to victims.]]>
<![CDATA[Pengaturan Ganti Kerugian Dalam Pengadaan Tanah Berdasarkan Undang-Undang No. 2 Tahun 2012 ]]>
<![CDATA[Saniah Saniah]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3177
<![CDATA[The objective of the research was to find out the regulation on compensation for land acquisition for publik interest, based of Law No. 2/2012. The juridicial sources were primary, secondary, and tertiary legal materials. The data were gathered by conducting documentary study. The research used juridical normative and prescriptive approach. The conclusion of the research was that Law No. 2/2012 regulated compensation for physical and non-physical loss even though the compensation for non-physical loss was too limited. Remaining property could not be classified or grouped into non-physical loss.]]>
<![CDATA[Kewenangan Mahkamah Konstitusi Dalam Perlindungan Hak Konstitusional Warga Negara Melalui Konstitusional Complaint ]]>
<![CDATA[Benito Asdhie]]>;
<![CDATA[Eza Ista]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3174
<![CDATA[The constitutional court brought Indonesia towards a better democracy. This is due to the existence of a separate institution that specifically safeguards the dignity of the 1945 Constitution of the Republic of Indonesia as the highest norm in Indonesia, so that any actions related to the constitution can be responded specifically to the constitutional court. In addition, the position of the constitutional court in the state institutional structure as an institution that is equal to the people's consultative assembly, the house of representatives, the regional representative council, the president, the supreme court and the judicial commission has affirmed that the constitutional court is an institution that has high authority in the corridors of its authority. The research is a basic tool in the development of science and technology. This is because research aims to express the truth systematically, methodologically, and consistently. Through the research process analysis and construction of data that has been collected and processed is conducted. the problem in this research is how is the concept of constitutional complaints as a form of protection of citizens' constitutional rights, how is the alternative application of constitutional complaints authority in Indonesia. The result of this research is that constitutional complaints are one of the defense mechanisms for citizens to defend their constitutional rights through the courts against the exercise of state power.]]>
<![CDATA[Keabsahan Wasiat Yang Dibuat Dengan Llsan Oleh Pewaris Pada Kajian Hukum Perdata Dan Hukum Islam ]]>
<![CDATA[Aulia Muthiah]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3178
<![CDATA[Testament is often problematic in its implementation because it is usually made orally by the inheritants. Testament made orally usually results in no written evidence. In the death of the testator, the inherintants might not want to fulfill the will of the testator because it will basically reduce the amount of inheritance to be distributed to the inheritants. This research uses normative juridical method, a method that studies the legality of testament using laws, which is the book of Islamic Law Compilation and Civil Code. It aims to know the legality of the testament orally made by testator. The result of the research states that in Islamic law, testament made orally is acknowledged under the requirement that it presents two witnesses during testament process. The two witnesses can be used as evidence; however, it is concerned that the witness might die at the same time with the testator which result in the loss of evidence. In civil code, on the other hand, it is stated that all testaments should be written either using authentic deed or private deed.]]>
<![CDATA[Syarat Objektifitas Dan Subjektifitas Penangguhan Penahanan ]]>
<![CDATA[Padian Adi]]>;
<![CDATA[Ismail Koto]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3175
<![CDATA[Requests for suspension of detention can be granted with conditions that must be met. The requirements that must be met by the applicant for detention suspension are 2 (two) conditions, namely subjective conditions and objective conditions. The subjective condition referred to is the existence of subjective judgments made by the investigator or public prosecutor or judge to assess the reason for the applicant's suspension of detention granted or rejected. Whereas the objective requirement is that there is a guarantee in accordance with Article 31 of the Criminal Procedure Code which states that an authorized official at the examiner's level can suspend detention. This writing uses normative juridical legal research methods (normative research) with descriptive analytical research specifications that use secondary data. The procedure of data collection is in the form of documentation of notes or quotations, search of legal literature, books and others related to the identification of problems both offline and online, which are then analyzed through the content analysis method (centent analysis method) with a focus on the problem of how objective conditions are and the subjectivity of detention suspension in the Criminal Procedure Code (KUHAP) in Indonesia. From the results of the study it is known that the objective and subjective conditions of suspension of detention in Indonesia are suspects must fulfill the conditions specified in the explanation of Article 31 of the Criminal Procedure Code (KUHAP), which is the requirement for reporting, not leaving the house and / or not leaving town the terms of subjectivity include consideration of institutional officials asking for money guarantees and / or guarantees of people. Consideration of objectivity, namely the suspect is not worried about escaping, damaging or removing evidence and will repeat the action. Consideration of subjectivity, namely the suspect is willing to sign and fulfill the terms of detention suspension ]]>
<![CDATA[Perjanjian Build Operate And Transfer (Bot) Lapangan Merdeka Medan Dalam Pandangan Hukum Adminsitrasi Negara Dan Hukum Bisnis ]]>
<![CDATA[Rahmat Ramadhani]]>;
<![CDATA[Ramlan Ramlan]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3182
<![CDATA[The BOT agreement is an agreement between the government and investors in terms of mastering and utilizing state assets in the form of land. This writing uses the normative juridical legal research method (normative research) with descriptive analytical research specifications that use secondary data. The procedure for collecting data is in the form of documentation of notes or quotations, search of legal literature, books and others related to the identification of problems both offline and online, which are then analyzed using a legal approach through content analysis method with a focus on the issue of how the application of the BOT principle in the cooperation agreement on development and management of Merdeka Field between Pemko Medan and the private sector? and what is the view of State Administrative Law and Business Law on the BOT agreement in the development and management of Merdeka Field between the Pemko Medan and the private sector ?. From the results of the study it is known that the cooperation agreement between Pemko Medan and the Private Party has implemented the BOT principle by fulfilling the elements of building, managing and submitting the results of development and management by the Investor to Pemko Medan. Furthermore, the said BOT agreement is viewed from the State Administrative Law, an official act of the State administration that has dimensions of public law and private law. Whereas in the view of Business Law the BOT agreement must equally benefit both parties who make the agreement.]]>
