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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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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 18 Documents
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Search results for , issue "Vol 7, No 2 (2022): July-December" : 18 Documents clear
The Idea of Implementing a District Election System as an Alternative for Simplifying Political Parties in Indonesia Josefh Perangin Angin; Fifiana Wisnaeni
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10230

Abstract

Political parties and general elections are elements that cannot be separated from the life of a country, because they can be used as tools and solutions for the change and progress of a nation. However, they can be a tool for state change if they can run in harmony and dont cause problems. Indonesia is a country that cannot be separated from Political Parties and Election Culture. Political parties have existed since the Dutch colonial era until now. Meanwhile, the electoral system was only known in Indonesia in the era of parliamentary democracy, where the plan was to elect a parliament nominated by a political party. However, the development of Indonesian political parties has harmed the lives of Indonesia, such as fragmentation between political parties, etc. Because of that, the government in the colonial era, new order until now, create policies to overcome this. One of the policies taken and proven to solve is the simplification of political parties by implementing a district election system. This system was introduced and used during the New Order era. This system is used as an alternative because the system is simple and able to overcome problems with the simplification method of political parties
Authorities and Responsibilities of Notaries as Officials Cooperative Establishment Deed Maker Muhammad Yusrizal; Surya Perdana; Triono Eddy
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10293

Abstract

Cooperative is a business entity established by and consisting of individuals. The purpose of establishing a Cooperative is as a joint effort based on the principles of kinship and democracy, which in turn requires a strong legal basis relating to the deed of establishment of a Cooperative using an authentic deed. Considering the need for a Notary in the growth and development of Cooperatives as a legal entity, especially in the process of its establishment and amendments to its articles of association, then based on the State Decree of Cooperatives and Small and Medium Enterprises Number: 98/KEP/M.UKM/IX/2004, Notaries are given the authority to make Cooperative deed. Notary authority is very important, namely as a public official authorized to make authentic deeds and other authorities as referred to in Law Number 30 of 2004 concerning Notary Positions. The involvement of a notary is not only to assist the process of making cooperative deeds, but also to care about the prospects for the development of cooperatives that are clients and are willing to provide legal guidance and consultation related to the making of cooperative deeds. The goal is that the cooperative movement and the cooperative community understand more and are not unfamiliar with matters related to the rule of law
The Dynamic Aspects of Smart Contract in Non-Fungible Tokens Qonita Nadya Haq; Aimee Aurilya Anindita; Erina Setyowati; Putri Liny Anggraini
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10381

Abstract

Technological advances always lead to various implications in people's lives, not least in the aspect of buying and selling transactions. In the current era, the dynamics of buying and selling transactions are enlivened by the presence of Non-Fungible Tokens (NFT); as an asset embodied in the form of a digital token. Furthermore, one of the components of NFT is the existence of smart contracts; as the presence of smart contracts also raises legal issues. This legal research aims to examine and examine the problems of smart contracts when they become evidence in a dispute; while at the same time reviewing the validity of smart contracts in the positive legal system in Indonesia. This legal research uses primary legal materials and secondary legal materials with a conceptual approach and legislation. The results of this study state that there is no legal instrument that regulates smart contracts, so the implementation of smart contracts is legal under Indonesian law. On the other hand, the existence of a smart contract as a form of an agreement is subject to the enforcement of Article 1320 of the Civil Code, so that the smart contract fulfills the components of the agreement as required in the legislation
Unlawful Acts of Transferring Inherited Objects to Other Parties Without the Knowledge of All Heirs (Study of Decision 75/PDT.G/2017/PN Praya) Fadhila Rizqi; Fully Handayani Ridwan
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10231

Abstract

Civil agreements between individuals are not free from unlawful acts. Violations often occur due to agreements made by unauthorized persons, especially in terms of buying, selling, and transferring rights to an object of the agreement. As in the case of Decision 75/PDT.G/2017/PN Praya, violations were found due to the transfer of rights to inherited land without the knowledge of all authorized heirs. This dispute occurs simultaneously in two legal actions, the first legal act, the right to the inherited land is transferred by one of the heirs of the owner to someone who is not authorized to the land, which then by the unauthorized person, the inherited land that does not belong to him is sold to the third party, another as the subject of the land purchaser. This study is aimed at elaborating why the agreement that arose the case was categorized as PMH. The research method used is normative juridical, accompanied by primary and secondary legal materials. The problem approach used is the statutory approach, where the regulation that becomes the main reference is the Civil Code. The results of the study state that violations arise as a result of the actions of the perpetrators contradicting the rights of others, with their obligations, and the moral norms. These violations are categorized as PMH, because there is an act by the perpetrator that triggers a loss to another party, meaning that there is a causal correlation between the act and the loss
Implementation of Civil Procedural Law E-litigation in Justice System in Indonesia (Study in District Court in North Sumatra Region) Abd Harris; Hani Ridho Nasution
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10314

Abstract

The background of this research is because The Supreme Court has made a breakthrough in the Law administration of Cases in the Court Electronically (Online) by issuing Supreme Court Regulation (PERMA) Number 1 of 2019 concerning the Administration of Cases and Trials in The Court Electronically. The results of the research, the electronic trial system (e-Litigation) experienced many obstacles, especially in the district court area which is categorized, Blankspot area so that the trial process is not normal for example, the trial schedule that has been set in the e-Court can be known and cannot be known because of internet network interference such as in the Sibuhuan District Court area, Padang Lawas Regency, North Sumatra Province. This view was also affirmed by Abdullah Husain, an Advocate from Peradi Medan who had filed a case in the area. As a result, the Advocate had to contact the Substitute Registrar for the trial schedule to be reviewed because the internet network was problematic. In addition, people in the area prefer conventional (face-to-face) trials that have been carried out for decades on the basis of the law Rechtsreglemen buitengewesten (Rbg). The solution to this problem, the judges will generally question the litigants, whether the trial is electronic or not. The judge always gives views on this e-Court to the litigants in the courtroom, and if approved by all parties, news of the approval of the e-Litigation trial is made. The same obstacles are also experienced by the Simalungun/Pematangsiantar District Court, Padangsidempuan, Tebing Tinggi, Lubuk Pakam and Medan District Court. According to the e-Court Corner officer of the Medan District Court, Gunawan, in the Medan District Court there is very rare internet network disruption unless pln istric flow dies. Advocates take a better view with e-Litigation because the process is easier, faster, light and simple costs in accordance with Article 2 paragraph (4) of Law No. 48 of 2009 on Judicial Power. Of course also, also to avoid games by the judicial mafia. In addition, in the midst of the Covid-19 Pandemic condition is not over, PERMA No. 1 of 2019 will also help the parties not to flock to the conference. PERMA is strongly responded by advocates in Indonesia, especially in North Sumatra
Juridical Analysis of Good and Correct Application of Indonesian Language in Legal Professionals Nurhilmiyah Nurhilmiyah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.10644

Abstract

Bahasa Indonesia is a language used in the field of law in Indonesia, and has its own characteristics. therefore legal language must meet the Indonesian language terms and rules. Legal language is actually part of Indonesian too. Indonesian language with a variety of laws is one of the various Indonesian languages that are used as communication tools by people who are involved in the field of law or studying law. The variety of legal languages, must pay attention to the structure or rules of the standard Indonesian language. Therefore, legal language should not prioritize language style but prioritize legal certainty. Legal professionals that include academics and important legal practitioners master language skills. Because the field of law cannot be separated from the application of language. Legal products are written in language. According to previous research, there are various deviations in the prevailing Indonesian rules. both in case files, agreement letters, notary deeds, and statutory regulations. This writing wants to find answers to the problem formulation, how is the regulation regarding Indonesian in positive law. And how should the application of Indonesian language be good and right for legal professionals
Films and Children: A Study of Korean Film Consumer Legal Protection Kelik Wardiono; Imaniar Rinanda Ayuningtyas
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.12585

Abstract

This research, which aims to describe the legal protection of children as consumers of Korean films, is based on legal research with a doctrinal approach. The main data in this study is in the form of secondary data obtained through a literature study on Korean films broadcast via the Netflix platform. Based on the discussions that have been carried out, it is known that Korean films still do not provide legal protection for children as film consumers, this is evidenced by the many scenes that conflict with Article 6 of Law Number 33 of 2009 concerning Film, such as scenes containing violence, the use of narcotics, pornography and scenes that can degrade human dignity
Kebijakan Kriminal Dalam Penanggulangan Pembalakan Liar Di Aceh Irwan Saputra; Mohd Din; Yanis Rinaldi
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 2 (2022): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v7i2.13368

Abstract

kebijakan kriminal adalah

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