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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"Vol 7, No 1 (2022): January-June"
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<![CDATA[Provisions Of Murabahah Law With Bai' Bistaman Ajil (BBA) According To MUI Fatwa NO. 04/DSN-MUI/IV/2000 Concerning Murabahah And Its Implementation In BTPN Syari'ah Cab. Nibung Bay, Tanjung Balai ]]>
<![CDATA[Sri Sudiarti]]>;
<![CDATA[Hafsah Hafsah]]>;
<![CDATA[Dina Fatma Sucitra Manullang]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8472
<![CDATA[This study about how the implementation of Murabahah financing with the Bai' Bistaman 'Ajil contract at BTPN Syariah Cab. Teluk Nibung, Tanjung Balai City. The DSN-MUI Fatwa has regulated the financing in the MUI Fatwa No. 04/DSN-MUI/IV/2000 Regarding Murabaha. This research is using qualitative research or field research (Field Research) with a legal and conceptual approach. The data sources are primary and secondary data, data collection techniques are observation, interviews and documentation and analyze data using triangulation of sources, techniques and time. The results of the study are basically the law of murabahah financing and the bai' bistaman ajil contract is permissible. Islam has also regulated murabahah and bai' bistaman 'ajil in detail where in its application there are provisions and terms and pillars which have also been regulated in the MUI Fatwa. However, when one of the conditions and pillars is not fulfilled, it can damage the contract and change the law. Murabahah financing with BBA contract provided by BTPN Syariah Cab. Teluk Nibung in its application does not meet the financing provisions that have been regulated in the MUI Fatwa No. 04/DSN-MUI/IV/2000.]]>
<![CDATA[Building Access to Justice for Women as Victims of Prostitution as a Form of Guarantee of Human Rights ]]>
<![CDATA[Kenny Sekar Arum Femia]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8225
<![CDATA[The purpose of this study was to build access to justice for women who became commercial sex workers. The issue of women was chosen as a component in access to justice because of the existence of women as part of a disadvantaged group. The law as commander in chief in its enforcement involves law enforcement officers and in particular the government. Women as human beings whose rights are protected should be protected and respected regardless of their work. This study used the normative juridical method. The results of the study showed that actually women who became commercial sex workers were victims. The high cost of living and economic demands made a person accepting easily job offers and big salaries. So that when they enter the world of prostitution, there would be many cases of sexual violence experienced by commercial sex workers because users felt that they have paid and were free to do anything. That in fact the form of legal protection in the context of guaranteeing human rights has existed in several laws and regulations. However, we know that its implementation is not easy, so cooperation between institutions and law enforcement officers is needed so that the legal objectives of justice, certainty and benefit can be realized]]>
<![CDATA[Normative Character of E-RUPS Implementation Share Open Company ]]>
<![CDATA[Ikhsan Lubis]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8081
<![CDATA[This study aimed to analyze the normative character of the application of the provisions of POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 holding the General Meeting of Shareholders electronically (abbreviated: e-GMS) for Public Companies, and the type of research used was normative legal research. This research used several approaches, such as: statute approach (legal approach) and conceptual approach (concept approach), and the results of the research showed that the implementation of the e-GMS is regulated in POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 can be used as a legal basis that can provide legal certainty in the context of organizing e-GMS for Public Companies through the implementation of procedures and procedures for determining the location of the GMS, fulfilling the attendance quorum, decision-making quorum and the form of minutes of GMS decisions by using teleconferencing media, video conferences, or other electronic media means]]>
<![CDATA[The Role of LPPOM MPU Aceh in the Framework of Halal Certification in Poultry Products ]]>
<![CDATA[Oka Dian Kurniawati]]>;
<![CDATA[Teuku Ahmad Yani]]>;
<![CDATA[Teuku Muttaqin Mansur]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.7886
<![CDATA[Halal Qanun No. 8 of 2016 requires business actors to carry out halal certification, but the fact in the field is that many poultry slaughtering business actors do not implement halal certification. Writing this journal aimed to find out why business actors have not implemented halal certification and the role of LPPOM MPU Aceh in the context of implementing halal certification on poultry products. The method used was juridical-empirical, such as looking at applicable laws and facts in the field, primary and secondary data obtained through interviews include primary, secondary and tertiary laws. The results showed that the cause of business actors who had not been certified halal in the poultry slaughtering product business was because they had not met the standards set by LPPOM MPU Aceh so that LPPOM MPU Aceh had not been able to issue halal certificates. Regarding the perpetrators who have not met halal standards, LPPOM MPU Aceh has given 6 months to fix all deficiencies in business products. In fact, business actors do not fix it. LPPOM MPU Aceh is not strict in giving sanctions to business actors who have registered for halal certification but do not improve according to the specified halal accuracy]]>
<![CDATA[Legal Protection of Women as Victims of Trafficking under the Provisions of Law No. 12 of 2017 ]]>
<![CDATA[Kurniati Siregar]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8537
<![CDATA[Asean Convention Against Trafficking In Persons, Especially Women and Children is a convention that has been ratified in Indonesia into Law Number 12 of 2017 containing opposition to trafficking in persons, especially women and children and an important role and duties of the state in order to fight against trafficking in persons.The protection of women as a victim of trafficking in persons is contained in Article 14 which contains 14 points of tasks that must be carried out by the state in protecting victims of trafficking in persons. Prevention of trafficking in persons that must be carried out by the state is contained in Article 11 which contains 5 points of preventive measures.The fact that happened in Indonesia, this regulation has not been realized and the benefits have not been felt by the peoples especially women who have been involved and being victims of trafficking in persons. New regulations that are in line with international law and protect the vistims have not been made as a follow-up to this convention, and implementation and monitoring are still at a low level]]>
<![CDATA[Legal Protection for Notaries in Related Criminal Justice Proceedings in the Making of Deeds ]]>
<![CDATA[Ripandi Ripandi]]>;
<![CDATA[Surastini Fitriasih]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8092
<![CDATA[The purpose of writing was to find out about legal protection for Notaries in the implementation of criminal justice processes related to deeds that have been made by Notaries. The research method used was normative juridical, which is conducting an assessment based on the provisions of the applicable laws and regulations. The result of the study was that legal protection for Notaries was primarily provided in Article 66 of the UUJN with the establishment of the Notary Honorary Council (MKN), the aim of which was to provide maximum legal contribution to Notaries in carrying out their duties, and to receive protection as a member of the Indonesian Notary Association (INI). The obstacle in its implementation was that the implementing regulations for the UUJN have not yet been formed, causing there to be articles that provide multiple interpretations in their implementation. In addition, INI's role was still lacking in conducting outreach to the community]]>
<![CDATA[Legal Protection of Inventor Employees through Patent Ownership Agreements in Indonesia ]]>
<![CDATA[Khairunnisa Rahimah]]>;
<![CDATA[Muhammad Amirulloh]]>;
<![CDATA[Kilkoda Agus Saleh]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8018
<![CDATA[Intellectual property born in the production process in a company is usually a patent produced by inventor employees through research and development activities. However, arrangements regarding the ownership of patents generated by inventor employees in employment or service relations in Article 12 and Article 13 of the Patent Law grant the patent ownership rights automatically to the employer so as not to provide adequate legal protection to the inventor employee. Legal protection for an employed inventor is important to note because it will spur IPR productivity and motivate inventors' creativity to produce intellectual property work. This research used normative juridical methods with analytical descriptive research specifications. Data collection was done through interviews together with company representatives at PT. Martina Berto (Tbk) and PT. Bio Farma (Persero). The results showed that the practice of patent ownership produced by inventor employees at PT. Martina Berto (Tbk) and PT. Bio Farma (Persero) based on Article 12 and Article 13 of the Patent Law is contrary to the principle of alter ego. Inventor employees can negotiate with the company by forming a patent ownership agreement that will clarify the ownership rights and the number of rewards that will be obtained by inventor employees based on Article 12 paragraph (1) and Article 153 of the Patent Law]]>
<![CDATA[Implications of State Policy Through Village Funds Towards the Cultural Values of Mutual Cooperation in the Village ]]>
<![CDATA[Hariyanto Hariyanto]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8721
<![CDATA[The state policy in the form of providing village funds will have an impact on the pattern of relations and relations between the village government and the village community, as well as among their own village communities. At least the implications of this will affect the values of the mutual cooperation culture in the village community. The present study aims to answer the state policy through village funds towards village autonomy and its implications for the values of mutual cooperation culture in the village of Kedungbanteng sub-district, Banyumas Regency. This research is a sociolegal study, using the methodological approach of the social sciences and the nature of the research used in this descriptive-analytical study. The research location was in the Kedungbanteng sub-district of Banyumas using a purposive sampling method.The results of the study show that the state policy through village funds when associated with village autonomy turns out that the village has autonomy called village autonomy where village autonomy is not given by the state but village autonomy comes from the village itself. Village government is given more space in managing its own household affairs. While the implication, although we cannot deny that the existence of village funds is also the least influencing eroded mutual cooperation culture in society, but this is not a dominant factor]]>
<![CDATA[The Rule of Law Shoots Dead where Police Do against Criminals ]]>
<![CDATA[Aulia Rahman Hasibuan]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8489
<![CDATA[Shooting to death on the spot is carried out by the police in enforcement and security efforts to protect the public and the police from the threat of resistance by criminals. However, in carrying out these actions, it is not uncommon to have legal implications for the police, in other words the police in carrying out these actions cannot be separated from criminal elements. Procedural errors and negligence in using firearms in carrying out police duties are often things that must be held criminally accountable. The responsibility of the police in carrying out the act of shooting to death on the spot against the perpetrators of the crime has a procedure in carrying it out. The procedure for the use of firearms and the authority to shoot and die on the spot carried out by the police are described in the Regulation of the National Police Chief Number 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in the Implementation of the Duties of the Indonesian National Police and in Perkap Number 1 of 2009 concerning the Use of Force in Police Actions. The specification of this research is descriptive analytical, which is a research that aims to provide data that is as accurate as possible about humans, certain conditions or symptoms in relation to laws, regulations, and legal theories that are the object of research. This research method uses this research method using normative juridical research methods, namely by researching library materials which are secondary data and also known as library law research]]>
<![CDATA[AL Ittifaq Principles In Contract Law Transcendental Philosophical Perspective ]]>
<![CDATA[Andria Luhur Prakoso]]>;
<![CDATA[Absori Absori]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v7i1.8033
<![CDATA[Contract law is part of civil law, which in fiqh is included in muamalah fiqh. This regulation regarding contact is subject to the Civil Code, which should be based on established principles. One of the principles is the principle of agreement (al ittifaq) or the principle of consensualism. This manuscript itended to explain the principle of al ittifaq (consensualism) from the perspective of transcendental philosophy. This research was a desk research, so the data source was secondary data, which was collected through identification and recording of relevant data that can be used to answer the research purposes. Data analysis using the perspective of transcendental philosophy which was based on the relationship of reason and revelation. The results showed that the principle of al ittifaq (consensualism) was the result of human thought based on the arguments of revelation as in Q.S. An Nisa /4 : 29, Q.S. Al Maidah /5 : 1, Q.S. Ali Imron/3 : 159. The result of that thought resulted in fiqh rules as contractual principles. The novelty of this research was the hybridization of the values of Islamic law into positive civil law which should be conducted to give positive law more conscientious and fair. It will reflect Pancasila values which is the source of national law]]>
