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Rahmat Ramadhani
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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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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
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Search results for , issue "Vol 9, No 1 (2024): January-June" : 15 Documents clear
Resolution Of Sharia Banking Disputes Through The Religious Courts And The National Sharia Arbitration Board (BASYARNAS) Suryawansyah, Suryawansyah; Babussalam, A Basuki
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18257

Abstract

Indonesian banking adheres to a dual banking system, conventional and sharia. Law (UU) No. 21/2008 on Islamic Banking is the legal basis for Islamic Banking in carrying out their operations, and in the event of a dispute, it can refer to article 55 (1) disputes can be resolved through the Religious Court (PA), and (2) resolved not by PA but can be with other forums and paragraph 2 is in line with Law No. 30/1999 on Arbitration and Alternative Dispute Resolution. Law No. 30 has led to to inconsistencies in resolving disputes, for example the practice of resolving financing contracts between banks and debtors who agree to resolve dispute at The National Shariah Arbitration Board (Basyarnas), but the implementation of dispute resolution is carried out at the PA. The results showed that the absolute authority to resolve sharia economic cases or the scope of Sharia Banking is the PA, but if the parties agree to settle at Basyarnas then the PA has not authorized in sharia economic cases
Providing Gender Responsive Work Facilities To Support Women's Empowerment And Child Protection Agustanti, Rosalia Dika; Sugiyono, Heru; Herbawani, Chahya Kharin; Samodro, Dewanto
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18052

Abstract

This research uses normative juridical methods. The research technique begins by sorting the laws and regulations governing Gender, and this is done to find out how available work facilities are in the Depok City Government. PPPA Ministerial Regulation No. 5 of 2015 concerning Providing Gender Responsive Work Facilities and Caring for Children in the Workplace, the aim is to fulfil the right to protection for women and children; Fulfillment of children's rights and guarantee children's growth and development; Environmental responsibility in the care and protection of children; Increase work productivity. The unavailability of lactation rooms, the availability of special waiting rooms for children in the workplace, and the implementation of curfews for female workers are the main focus, and this certainly supports SDS5, namely Gender Equality. Thus, workplaces must provide facilities and infrastructure that take into account the principles of gender equality and the best interests of children. The provision of gender-responsive facilities and infrastructure is intended to increase work productivity and pay attention to the best interests and growth and development processes of children. Apart from fulfilling and protecting the rights of women and children, this includes fulfilling the rights and protection of people with disabilities and the elderly. The result is that the Depok City Government has not yet demonstrated work facilities that have a gender perspective. Therefore, to accelerate this fulfilment, the Government should be able to utilize old, habitable buildings to fulfil work facilities with a gender perspective.
Model for Securing Muhammadiyah Land Assets that Do Not Have Rights in North Sumatra Province Ramadhani, Rahmat; Lubis, Ummi Salamah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18059

Abstract

This research aims to find a model for securing land assets of the Muhammadiyah Association in Prov. North Sumatera that has not yet been certified, especially for land that is controlled without a legal basis or whose legal basis has been lost, in an effort to prevent ownership disputes so that legal certainty can be secured, protected, and guaranteed. The research method used uses a type of normative legal research. Norms, rules, and legal principles related to the objectives of this research will be obtained from secondary data sources, including primary, secondary, and tertiary legal materials, which will be collected by means of library research and then processed and analyzed qualitatively using a qualitative approach. legislation (statute approach). The results of the research show that the factors inhibiting the security of Muhammadiyah Persyarikatan land assets in the North Sumatra Province area that do not have legal rights include technical and non-technical factors. Technical factors include lack of rights, historical actors who have died, land control by individuals, and funding factors. Meanwhile, non-technical factors include low public legal awareness, physical land plots not controlled or utilized optimally, and physical control of land plots located in protected areas to which rights cannot be attached. There are 3 asset security models that can be used to secure Muhammadiyah Persyarikatan land assets in the North Sumatra Province area that do not have a legal basis, namely the juridical data security model, the physical security model of land parcels, and the model of securing the status of land rights through land registration activities based on land law. which applies in Indonesia
Multi Lane Free Flow Policy Analysis Based On Public Service And Public Administration Legal Studies Hidayat, Fanni Athar; Kurniawan, Teguh
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18492

Abstract

Policy Multi Lane Free Flow is desired policy launched by the government for increase internal public services government. Policy that's what comes next give something description that in implementation public service is responsibility from government and is room scope from implementation law state Administration No only That of course, government in create policy and planning about multi lande free flow endeavor is including in territory and space scope from service subject and object law state administration. Subject and object state administration due to later policy the will issued in form a Decision and/ or Decree / Beschiking which is part from state Administration. That's what happens next No can denied. Function from law internal state administration service public as form base legitimacy a Subject of Service Law public in do duties and responsibilities. State administrative law will review from formation policy and enforcement decision as well as its implementation
The Concept of Indefinite Sentence in the General Election Criminal Accountability System in Indonesia Lubis, Mhd Teguh Syuhada
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18055

Abstract

General Elections are a means of popular sovereignty to elect members of the People's Representative Council, members of the Regional Representative Council, President and Vice President, and to elect members of the Regional People's Representative Council, which are carried out directly, publicly, freely, secretly, honestly and fairly in the Unitary State The Republic of Indonesia is based on Pancasila and the 1945 Constitution of the Republic of Indonesia. It is known that based on the latest regulations, the implementation of general elections in Indonesia is regulated in the provisions of Law Number 7 of 2017 concerning General Elections. These laws and regulations not only regulate the systematics of holding general elections but also regulate norms regarding the prohibitions and obligations of each legal subject in holding general elections. This includes criminal law rules that regulate it. So far it is known that the criminal provisions in the General Election Law only adhere to the Indefinite Sentence punishment system, namely that the criminal threat is only regulated to a maximum and there is no minimum criminal threat limit. Such a criminal system brings problems in implementing criminal liability for perpetrators of election crimes from a regulatory perspective. Therefore, it is necessary to look further at the basic concept of criminal liability in general elections, as well as the application of the indefinite sentence concept to general election crimes in Indonesia. The research method used in this research is normative juridical research and the approach is based on legal rules and regulations. Furthermore, the nature of this research is descriptive analysis. The data sources used to conduct this research come from secondary data which uses legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data collection tool in this research is library research. And finally it will be analyzed using qualitative analysis. Based on the research results, it is known that in principle the criminal provisions contained in general election crimes adhere to the indefinite sentence system, this can be seen in the criminal provisions starting from Article 488 to Article 554 of Law Number 7 of 2017 concerning General Elections which as a whole only outline maximum criminal sanctions and does not specify the minimum criminal sanctions provisions. Law makers should construct the provisions of the criminal system in the General Election Law using an indeterminate sentence pattern or minimum criminal threat. So that there is legal certainty and legal benefits that can be applied by the Panel of Judges to the electoral crimes that occur 
Dynamics And Enforcement Of Election Legal Issues In Lampung Province Santoso, Rudi; Maimun, Maimun
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18060

Abstract

This research is to reveal the dynamics and problems of holding elections in 2019. Because, in the simultaneous elections there were many violations and solutions need to be found for the sake of better future elections. The research uses library and field methods. The data was obtained from books, statutory regulations and scientific articles. Meanwhile, field research was obtained from the general Election Supervisory Agency (Bawaslu), Lampung Province. This research concludes that the 2019 election has various dynamics and problems. In terms of violations, there are administrative violations to election crimes. Meanwhile, the problems faced are the difficulty of coordinating with the Integrated Law Enforcement (Gakumdu) Center, lack of human resources and minimal budget as well as inadequate facilities and infrastructure. Solutions to these problems must be found in order to hold future elections better than before
The Procedure of Turning A Life Sentence To A Temporary Sentence At The Penitentiary Class 1 Tangerang Amiludin, Amiludin; Sary Ayu, Fitri Nur; Umara, Undang Prasetya; Razif, Imran Bukhari
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18150

Abstract

This study discusses the process of implementing conversion of a life sentence imprisonment to temporary imprisonment at Correctional Institution Class I Tangerang. This research aims to provide an understanding of the procedure of sentence. And identify the obstacles faced in the process implementation. The research method used is normative-empirical law with a qualitative approach.  The primary data was sourced from interviews with inmates serving life sentences in the Correctional Institution Class 1 Tangerang and from the perusal of documents concerning the regulations and policies on sentence conversion. The result showed that the sentence conversion involves several stages of administration and assessment which are handled by a number of offices involving various Technical Implementation Units, from the Tangerang Class I Correctional Institution, the Regional Office of the Ministry of Law and Human Rights, and the Directorate General of Corrections.  However, the final decision regarding a sentence conversion is in the hands of the President. Some of the faced by prisoners in applying for sentence conversion include a lack of knowledge about the application process, a breach of prison regulations within 5 years preceding the application and the inability to find a guarantor needed for Correctional Assessment. In order to overcome these obstacles, it is suggested to encourage socialization, to support education of inmates about the application process, to provide clear and easily accessible information and to evaluate and simplify the administrative process. Thus, inmates will have a better opportunity to obtain chances for a sentence conversion.
Alleged Predatory Pricing through Flash Sale Practices on the Tiktok Shop Application Narusweta, Arasyel Noor Vinki; Setiawati, Diana
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18056

Abstract

Technological advances have a major impact on the economic sector in this digital era, one of which is the use of digital media for business activities through e-commerce. Initially the TikTok application was a social media application, over time Tiktok developed to present innovative buying and selling activities through Tiktok Shop. The features provided by Tiktok Shop often offer massive promotions in a limited time or what is also known as a flash sale. But unfortunately, the innovation of the flash sale program presented at Tiktok Shop raises issues related to business competition such as the alleged predatory pricing listed in article 20 of Law No. 5 of 1999 (Anti-Monopoly Law) in the Tiktok Shop application. The purpose of this study is to show that it is true that there are allegations of predatory pricing carried out by flash sale practices by business actors in the Tiktok shop and how the role of the KPPU steps in responding to allegations of predatory pricing.The research method used is normative law, using a statutory approach and a legal concept approach, to analyze a legal issue based on primary, secondary and tertiary law. The results of this study indicate that, the practice of flash sales on the Tiktok Shop application automatically cannot be categorized as predatory pricing which can cause monopolistic practices or unfair business competition. This is because the practice of flash sales on Tiktok shop does not fulfill the elements and conditions of predatory pricing in accordance with Law No.5 of 1999. Furthermore, related to this phenomenon, KPPU has not been able to state the truth of predatory pricing that occurred in the Tiktok Shop application due to the absence of incoming reports, KPPU also makes preventive efforts in preventing unfair business competition practices
Legal Protection of Consumers Who Experience Skin Damage Due to the Use of Illegal Skin Whitening Products Based on Law No. 8 of 1999 concerning Consumer Protection Sitorus, Cintya Theresia A. M.
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18062

Abstract

The existence of a beauty standard stigma that regards beauty as a condition where women have fair skin has developed into a serious issue. This stigma has emerged as a result of mass media construction and the rapid spread of foreign cultures in Indonesia. For decades, women from various parts of the world have been influenced by this stigma, leading to the emergence of an unhealthy obsession among women to possess or alter their skin color to be fair. This phenomenon is not exclusive to Indonesian women. These conditions have been exploited by entrepreneurs in the beauty and health product industry to create various types of illegal skin-whitening products. These products are manufactured and introduced to the public through advertisements with bold and misleading claims. Some of these products even claim to achieve skin whitening in a very short and safe period, despite lacking official registration numbers from the Food and Drug Monitoring Agency (BPOM), and some of them even involve falsified BPOM registration numbers. The use of these illegal skin-whitening products has caused various consumers to experience skin damage, with some cases even resulting in permanent harm. This research aims to examine the legal protection for consumers who experience skin damage due to the use of misleadingly advertised illegal skin-whitening products. Additionally, the study explores the responsibilities that should be upheld by businesses that manufacture and market these products that have detrimental effects on consumers. This research adopts an empirical legal research approach, which investigates the direct application of the law on society, legal institutions, and other relevant entities. The study is characterized as analytical-descriptive and presents a systematic analysis of facts related to legal protection for consumers facing skin damage due to the use of misleadingly advertised illegal skin-whitening products
Legal Implications For Victims Of Telegram Fraud In The Jurisdiction Of The South Sumatra Polda Marlin, Marlin; Mahfuz, Abdul Latif
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18514

Abstract

Digital fraud is the most common cybercrime and is a global problem. Cases of fraud committed by online media using Telegram accounts are increasing from year to year. The problem in this investigation is the legal implications for victims of criminal acts of wire fraud in the jurisdiction of the South Sumatra Regional Police. The research method used is a standard legal research method that uses secondary data resulting from library research. A study of the legal implications for legal protection for victims of wire fraud in the jurisdiction of the South Sumatra Regional Police shows that although the victims' rights have been fulfilled, the victims have not received complete justice. Victims are in a vulnerable position in providing legal protection by reporting a criminal incident, explaining who the perpetrator of the crime is, and/or providing evidence, both physical and non-evidence. Physical suffering and material and non-physical losses - material losses for law enforcement officers

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