cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rahmat Ramadhani
Contact Email
delegalata@umsu.ac.id
Phone
+6285361231979
Journal Mail Official
rahmatramadhani@umsu.ac.id
Editorial Address
Faculty of Law, University of Muhammadiyah Sumatera Utara Jl. Kapten Mukhtar Basri No. 3 Medan, Kode Pos 20238
Location
Kota medan,
Sumatera utara
INDONESIA
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 15 Documents
 1   2 
Search results for , issue "Vol 8, No 1 (2023): January-June" : 15 Documents clear
Analysis of Greenwashing Policy in Providing Consumer Protection in Indonesia in View of Law Number 8 of 1999 Concerning Consumer Protection Istanti, Aura Ning; Samsul, Inosentius
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12477

Abstract

Greenwashing is a marketing strategy in which business actors sell the condition of their products as being environmentally friendly and supporting environmental conservation activities. As a result, it is necessary to conduct research using normative juridical research methods with a statutory and case approach to determine the impact of greenwashing actions carried out by business actors on consumers, as well as the government's efforts with the greenwashing method. The results of the study show that if consumers feel cheated by producers and/or companies producing goods and/or services for providing misleading information, then there will be a consumer confusion effect that occurs when a company makes a green claim, which in fact is only used as a marketing strategy alone. The impact that occurs on the environment will also damage the environment because the use of production materials will endanger environmental safety in the future and have an impact on the health of consumers themselves. In its efforts, the government has issued a policy regarding product manufacturing standards that are considered to have safe limits for consumers and the environment
The Implementation of Oil and Gas Cooperation Contract Based on the Legal Principles of Pacta Sunt Servanda and The States Right to Control Land, Water and Natural Wealth Pursuant to Article 33 Paragraph (3) of The 1945 Constitution of The Republic of Fully Handayani Ridwan
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12668

Abstract

The legal relationship that is born from the oil and gas contract is binding as law for the parties who make it. This is because the formation of oil and gas contracts is in accordance with Article 1320 of the Civil Code and therefore based on Article 1338 paragraph (1) of the Civil Code, the government and contractors are legally bound to comply with all provisions in the oil and gas contract. However, considering the fact and investment sentiment towards the oil and gas industry in Indonesia that is decreasing, especially regarding investor confidence in legal certainty in Indonesia, it is necessary to have a significant increase and improvement in oil and gas contracts in Indonesia. Managing upstream business activities using a contract system has its own peculiarities because the upstream oil and gas business has many risks and given that the government also has many limitations. Another peculiarity is that in the oil and gas contract, one of the parties is the government which is constitutionally in the realm of private and public law simultaneously. The juridical question here is, what is the impact of the position of the Government as a party to an agreement that can change the laws and regulations in the oil and gas sector which results in the certainty of oil and gas contracts and justice for the parties? What is the ideal oil and gas contract that puts the parties in a balanced position? This dissertation will look at how the application of laws and regulations, both in the fields of public law and civil law, in oil and gas contracts and find out why legal uncertainty in the application of oil and gas contracts is still a problem today. In addition, this dissertation discusses the application of oil and gas contracts and examines the legal relationship that has occurred so far and looks for ideal points from oil and gas contracts from both government and private parties. The research will be conducted using the juridical normative research methodology and the data collected is secondary data (consisting of primary, secondary and tertiary legal materials). In conclusion, in the implementation of oil and gas contracts, apart from the level of implementation, there are several legal restructurings that can have an impact on the creation of a better legal relationship between the government and oil and gas contractors in implementing oil and gas contracts.
Legal Certainty in Peace Agreements in Default Disputes Through Negotiations harisman harisman; Mhd Yadi Harahap; fauziah lubis
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.10889

Abstract

This study aims to analyze the legal certainty of a settlement agreement on a default dispute through negotiation. The desire to resolve the default dispute through negotiations is stated in a peace agreement. In order for the peace agreement to be effective, it is necessary to look at the legal certainty aspect. For this reason, a research was conducted with a normative juridical approach and using secondary data sourced from the literature. Secondary data were analyzed qualitatively and the results were described. Based on the analysis, it was found that the peace agreement in the negotiation is categorized as one type of agreement which is subject to the provisions of the Civil Code and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Legal certainty and the legal force of a breach of contract peace agreement through negotiation are obtained from the implementation of Article 1338 paragraph (1) of the Civil Code relating to the principle of pacta sun servanda and Article 1858 of the Civil Code, as well as the formal requirements for a peace agreement to be in writing
The Concept of Independence of Financial Services Authority in Realizing Financial System Stability Bisdan Sigalingging
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.11930

Abstract

Stability of the Financial System (SSK) as the goal of the Financial Services Authority (OJK) emphasizes a condition that is shock-resistant, easy and accessible to the public, grows sustainably, and is able to protect the interests of consumers and the public. The independence of the OJK in achieving financial system stability is a critical prerequisite for developing an FSS that plays an optimal role in the national economy. However, the concept of independence under Act No. 21 of 2011 still contains inconsistencies and limits independence itself. Subordination of the government (Minister of Finance) with institutions within the OJK structure has the potential to cause problems in the implementation of independence. This normative-juridical research method with secondary data sources and a legal approach concludes Act No. 21 of 2011 still needs to be improved in relation to its independence, subordination, and structure within the Financial System Stability Committee (KSSK), because it has the potential to cause inconsistencies in independence within the Financial System Stability Committee. practice, considering the sector it supervises is very broad and complex. It is hoped that the Minister of Finance's position as chairman of the Pansel should not be permanent so that the independence of the OJK is consistent. The duties, functions, and authorities of each structure within the OJK the Ministry of Finance, Bank Indonesia, and the Deposit Insurance Corporation (LPS) must be determined firmly and measurably and carried out completely independently.
Therapeutic Community for Victims of Narcotics Abuse at the Mutiara Abadi Binjai Rehabilitation Center, Bandar Senembah Village, Binjai Barat District-Binjai City (Analysis of PP. Number 25 of 2011 and Maqashid Al-Syari'ah) Hamdan Mubarok; Zulkarnain Zulkarnain; Hafsah Hafsah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12479

Abstract

This study aims: (1) To find out PP No.25 of 2011 regulates rehabilitation in the Therapeutic Community approach, (2) To find out Therapeutic Community at the Mutiara Abadi Binjai Rehabilitation Center based on PP No.25 of 2011, (3). To find out the Therapeutic Community at the Mutiara Abadi Binjai Rehabilitation Center in terms of Maqashid Al-Syari'ah. This research is a field research that uses empirical juridical methods. This research approach is statutory, case approach, conceptual approach. The sources of this research are primary data sources obtained directly from the original sources in the form of interviews, opinion polls from individuals or groups (people) and secondary data obtained through intermediary media or indirectly in the form of books, notes, existing evidence, or archives, both published and unpublished. The results of this study are the results of assessments and Ministerial Regulations", almost all of which are used as a reference by the Therapeutic Community as a method in the rehabilitation process such as the initial stage (induction) after undergoing detoxification, the primary stage (a social rehabilitation program of about 4 months), the re-entry stage. (facilitating residents to be able to socialize with outside life for 3-6 months. It's just that there are programs that are typical of the Therapeutic Community, namely the after care stage (friendship among former residents outside the orphanage), Therapeutic Community which is held at the Mutiara Abadi Rehabilitation Center Binjai also does not deviate from the provisions of the articles contained in PP No. 25 of 2011, such as the pattern of resident coaching, availability of infrastructure, medical and social rehabilitation, the Therapeutic Community approach at the Mutiara Abadi Binjai Rehabilitation Institution from the perspective of Maqashid Al-Syari' Ah, all achieved in terms of benefit as discussed in Maqashid Al-Syari'ah, especially on the five main principles that must be realized such as, hifzh ad-dn (maintaining religion), hifzh an-nafs (maintaining), hifzh al-'aql (maintaining reason), hifzh an-nasl (maintaining offspring), and hifzh al-ml (maintaining wealth).
Policy On The Implementation Of Restrictions On Community Activities (PPKM) Based On Inclusive Law Muh Akbar Fhad Syahril; Ade Risna Sari; Fuad Fuad; Rachmadi Usman; Baren Sipayung
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12480

Abstract

The COVID-19 pandemic that has hit the world has impacted the crisis in all aspects of human life. The COVID-19 pandemic, which was initially a health crisis, quickly transformed into an economic, social, political, and even environmental crisis. The Indonesian government is trying to control the spread of COVID-19 by issuing various policies, one of which is the Implementation of Community Activity Restrictions (PPKM). However, PPKM has attracted a lot of controversy because it is felt that it has made it difficult for many people in the context of mobility and seems to violate personal rights. This study aims to analyze PPKM policy with an inclusive legal approach. As part of the social order, in addition to norms of decency and religion, inclusive law protects and integrates the interests of members of society. This research method is normative-juridical with a statutory and conceptual approach. The data obtained are analyzed qualitatively and presented descriptively. The results showed that the PPKM policy is an effort to overcome the decline of society due to the pandemic and follows the concept of inclusive law. Between inclusive law and legal reality, there is a commonality in seeing the various interests of members of society that will create order in life. This makes people able to live with certainty and create order. The Indonesian government chose to seek an orderly situation by imposing a ban on mobility through PPKM
Imprisonment in Crime Control Efforts Dian Mustika Intan; E. Soponyono
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12497

Abstract

Crime prevention in Indonesia is often related to criminal enforcement through the prison system, which is one of the criminal sanctions that are often used as a means of crime prevention in various categories. The study used normative juridical research by performing library studies of legal and literary materials associated with the object of the study. The purpose of this study is to determine the effectiveness of prison penal penalties in criminal policy as well as problems in the implementation of imprisonment at the penitentiary. The results of the study conclude that the effectiveness of imprisonment will be reviewed from two main aspects of the purpose of punishment, namely, first, the aspect of society's protection, which is very specific to society. Second, it is seen from the aspect of the improvement of the individual who focuses on improving the behavior of the perpetrators. Problems are often encountered in prison criminal executions at suchpenitentiary: overcrowding inpenitentiary, the rise of new crimes in the penitentiary, the differences in correctional facilities, not fulfilling the basic rights of prisoners, a lack of integrity and guidance for the guards
Development Of A Model Of Utilizing Cash Wakaf To Realize A Legal Tourism Area In Medan City Faisal Faisal; Zainuddin Zainuddin; Nursariani Simatupang; I. Koto; Ismail Sitorus
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12765

Abstract

Today's cash waqf has become one of the financing alternatives for fiscal instruments in the economy. The understanding of the benefits of waqf, which so far has only been used for direct worship facilities such as mosques and cemeteries, has shifted in a broader direction, especially to improve welfare and the economy. Cash waqf has two functions: as a means of worship and as a means of improving social welfare. Returns from the management of cash waqf can be used as instruments in poverty alleviation programs through the development of MSMEs and the establishment of tourist areas. The impact of developing tourist areas will be felt directly by the community if, in these tourist areas, MSMEs grow and develop. The utilization of productive waqf with the management of Hajj funds is in accordance with the intent of Law Number 34 of 2014 concerning Hajj Financial Management and Law Number 41 of 2004 concerning Waqf, both of which aim to provide benefit to Muslims. In its implementation, the utilization of waqf funds can be made into a hotel project or infrastructure supporting halal tourism, such as airports, MSME kiosks, and so on. Then the profits obtained will be channeled for the benefit of the people. On the other hand, the development of halal tourism facilities and infrastructure also creates jobs. In addition, Indonesia is already known as a Muslim-friendly tourist destination. This development of halal tourism can optimize Indonesian tourist destinations as Muslim-friendly tourist destinations. Cash waqf as a means of financing can be used for more than one particular sector and only certain models. Cash waqf can be used as an alternative solution for financing all sectors that support the economy, both for consumptive and productive purposes. The benefits of cash waqf for the productive sector can be realized by increasing community capital in developing their businesses, both for basic business capital and for supporting capital for their businesses. What about the attractive design and appearance of the area surrounding where they are attempting to become a community destination for visiting?
Decision of the Panel of Judges About Mafqud legacy (Study of Normative Juridical Analysis at the Medan City Religious Court) Muhammad Yusuf; hafsah hafsah; Dhiauddin Tanjung
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12481

Abstract

This study aims to determine the method of the panel of judges of the Medan City Religious Court in taking law in mafqud inheritance cases, to find out the results of the decision of the panel of judges of the Medan City Religious Court in the case of mafqud inheritance, and to find out whether the decision of the panel of judges of the Medan City Religious Court in taking law in cases of mafqud inheritance is in accordance with the principles of justice and legal norms. This research method consists of several things: the type of research is empirical-juridical-normative, and the approach (approach) used is the statute approach, namely the decision approach of the Medan City Religious Court. Sources of data consist of observations, interview results, and results of documentation with Medan Religious Court Judges. The results of the research are as follows: The method of the panel of judges at the Medan City Religious Court in taking law in mafqud inheritance cases, which is almost the same as the methodology in other cases submitted to the Medan City Religious Court, is by following the formal legal rules and material law contained in the Code of Procedure Civil Code (KUHPerd.). The results of the decision of the panel of judges at the Medan City Religious Court in the mafqud inheritance case are that in four cases, three requests were granted, namely Determination Number 73/Pdt.P/2011/PA.Mdn., Determination Number 213/Pdt.P/2017/PA.Mdn., and Determination Number 68/Pdt.P/2018/PA.Mdn., while one case cannot be accepted, namely the lawsuit (contentious) in Decision Number 2317/Pdt.G/2017/PA.Mdn. The decision of the panel of judges at the Medan City Religious Court in taking law in the mafqud inheritance case was in accordance with the principles of justice and legal norms; in general, it fulfilled the principles of justice. On the other hand, there were decisions of the assembly that were inconsistent with the principle of equality before the law (equality before the law), as in cases of lawsuits that were not granted by the judge for reasons that were not strong in the author's analysis. The standardization of statements concerning a person's mafqud, including both heirs and heirs. In cases of application (volunteer), it seems that it is very easy to determine who is mafqud, whereas in lawsuits (contentious), the judge is very thorough and very strict in examining someone who is mafqud. Besides that, there is a disregard for the rights of the heirs of the heir's siblings who are mafqud, which is contradictory with the principles of Islamic inheritance law
Implementation of Government Regulation Number 42 of 2007 Regarding Franchise Agreements in Local Fast Food Businesses Savirra Satriadi; Etty Mulyati; Tri Handayani
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12478

Abstract

Franchising is one of the opportunities to become an entrepreneur, which recently is one of the developing economic activities. Franchise itself is a special right owned by an individual or business entity with business characteristics in order to market goods and/or services based on a franchise agreement. Franchise Agreements have implications for Local Warteg Franchise and Japanese Udon Foreign Franchise. The purpose of this research is to know and understand the Domestic Franchise Agreement and Foreign Franchise and to know and understand the Implementation of Government Regulation Number 42 of 2007 Regarding Franchise Agreements in Local Fast Food Businesses. The research method used is descriptive with a normative juridical research type using a statutory approach (Statute Approach) then data collection techniques through document studies on secondary data, then the data is analyzed with qualitative juridical. Based on the results of the study it was concluded that the Object of Research on Local Fast Food Franchise Agreements, namely domestic franchises, namely Warteg and Japanese Udon Foreign Franchises both made by the nation's children and foreign franchises still refer to positive law in Indonesia, namely Government Regulation 42 of 2007 concerning Franchising , then the Implementation of Government Regulation Number 42 of 2007 regarding Franchise Agreements on Local Fast Food is specifically regulated in Article 5 of Government Regulation Number 42 of 2007 concerning Franchising Other than Clauses that must be in the Franchise Agreement, one of the legal instruments that must be observed is STPW.

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 11, No 1 (2026): January-June Vol 10, No 2 (2025): July-December Vol 10, No 1 (2025): Januari-Juni Vol 9, No 2 (2024): July-December Vol 9, No 1 (2024): January-June Vol 8, No 2 (2023): July-December Vol 8, No 1 (2023): January-June Vol 7, No 2 (2022): July-December Vol 7, No 1 (2022): January-June Vol 6, No 2 (2021): Juli-Desember Vol 6, No 1 (2021): Januari-Juni Vol 5, No 2 (2020): Juli - Desember Vol 5, No 1 (2020): Januari - Juni Vol 4, No 2 (2019): Juli - Desember Vol 4, No 1 (2019): Januari - Juni Vol 3, No 2 (2018): Juli - Desember Vol 3, No 1 (2018): Januari - Juni Vol 3, No 1 (2018): Januari - Juni Vol 2, No 2 (2017): DE LEGA LATA Vol 2, No 2 (2017): Juli - Desember Vol 2, No 1 (2017): Januari - Juni Vol 2, No 1 (2017): DE LEGA LATA Vol 1, No 2 (2016): DE LEGA LATA Vol 1, No 2 (2016): Juli - Desember Vol 1, No 1 (2016): Januari - Juni More Issue