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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 18 Documents
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Search results for , issue "Vol 9, No 2 (2024): July-December" : 18 Documents clear
Implementation Of Presidential Regulation Number 98 Of 2020 On Salaries And Allowances Of Pppk Unpaid By The City Government Of Bandar Lampung Kalandoro, M. Raihan; Rompies, Adrian E; Nurzaman, R Adi
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.20738

Abstract

State Civil Apparatus or ASN is a profession for Civil Servants (PNS) and Government Employees with Employment Agreements (PPPK) who work in central and regional government agencies. PPPK are Indonesian citizens who meet certain requirements, who are appointed based on a work agreement for a certain period of time in order to carry out government duties. Every ASN employee has the right to receive awards and recognition in the form of material or non-material. One of the components of appreciation and recognition for ASN employees is income consisting of salary and wages. PPPK salary is compensation in the form of money which the government must pay fairly and appropriately to PPPK in accordance with the workload, responsibilities and risks of the job. In implementing Presidential Regulation Number 98 of 2020, the Bandar Lampung City Government has prepared a personnel expenditure budget plan which is prepared based on the total APBD of the Bandar Lampung City Government. These employee expenditures are used to pay salaries and also additional income for ASN employees, both PPPK and PNS. PPPK has the right to receive salaries and allowances provided by related agencies, as stated in Presidential Regulation Number 98 of 2020 concerning PPPK salaries and allowances. Meanwhile, legal action that can be taken is by conducting mediation with the relevant agencies, but if no agreement is found, you can report it through the relevant agency or commission where the PPPK is affiliated
The Urgency Of Legal Protection Of Personal Data Samin, Herol Hansen; Ismail, Dian Ekawaty; Rahim, Erman I
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19768

Abstract

In a highly dynamic digital era, legal protection of personal data has become very important to ensure individual privacy and avoid security risks associated with the use of technology. In this context, legal protection of personal data on digital platforms becomes very urgent because personal data collected and processed by these digital platforms can be very sensitive and has the potential to invade individual privacy. In relation to telematics law, the legal protection of personal data on digital platforms must be reviewed from the perspective of telematics law which regulates the use of information and communication technology. Telematics laws place clear limits on the use of personal data and require digital platforms to adhere to high security and privacy standards. However, in practice, there are still many digital platforms that do not comply with telematics legal regulations related to personal data protection. They often collect and process personal data without explicit permission and do not provide users with clear information about how the data is used and stored. In this research, we will review the urgency of legal protection of personal data in digital platforms from the perspective of telematics law to analyze how telematics law regulates personal data protection and digital platforms must comply with these rules to ensure individual privacy. As well as the government's role in supervising and supervising digital platforms that do not comply with these regulations. Thus, this research is expected to contribute to a better understanding of the urgency of legal protection of personal data on digital platforms and how telematics law can be used to protect individual privacy in a very dynamic digital era
The Crime Of Online Gambling In The Slots Type Among Teenagers In A Social Practice That Contradicts Article 303 Of The KUHP (Case Study In Karawang District) Adhamianda, Ragha; Hidayat, Anwar; Abas, M
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.20366

Abstract

Modern era advances encourage advances in internet technology providing benefits to society. Everything in electronic media can be accessed freely by the general public. On the other hand, advances in internet-based electronic media can also have negative impacts, such as the rise of new issues in society, especially the rise of online gambling cases. Online gambling refers to a type of betting activity in which participants place bets against each other using money as a betting tool chosen by online players and gamblers and carried out using electronic media connected to the internet. In this problem in Karawang district, online gambling is very widespread among teenagers and has a bad impact on users who gamble online. The role of law enforcement officials must be to participate in helping and following up on problems that are already circulating in the community. Online gambling violates laws and social conventions, as well as moral principles. As a result, anyone involved in internet gambling must face severe criminal penalties. Article 303, Article 303 bis of the Criminal Code, Article 2 paragraphs (1), (2), and (3) of Law Number 7 of 1974 concerning Gambling, and Article 27 paragraph 2 Jo. Article 45 paragraph 2 of the ITE Law contains provisions that regulate criminal acts for online gambling players in Indonesia
Legal Protection Of Foreign Famous Marks That Are Not Registered In Indonesia According To Law Number 20 Of 2016 Concerning Marks And Geographical Indications Ubaidillah, Nauval; Rahmatiar, Yuniar; Sanjaya, Suyono
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19694

Abstract

A brand is a symbol of the identity of an economic product that has a price that encourages producers to continue to compete and innovate in any way so that the brand becomes popular among the public. Brands also contain a promise from the manufacturer to continue to provide certain characteristics, benefits and services to consumers. Brands in Indonesia are regulated in Law Number 20 of 2016 concerning Brands and Geographical Indications, however, brand disputes in Indonesia still often occur even though there is already a law that regulates these marks. Here the author takes the example of the Segovia brand dispute case between Kim Soo Jung, owner of the famous Segovia brand, and Yu Kei Man, an Indonesian citizen (WNI) who created and owns the Segovia brand in Indonesia, in the Supreme Court decision Number 29/Pdt.Sus-Merek/ 2023/PN.Niaga.Jkt.Pst. The method used in this research is normative juridical, namely by examining statutory regulations and legal theory that are related to the dispute issues raised above. The results of this research show that the Supreme Court Decision Number 29/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst. has provided legal protection for well-known foreign brands that were not previously registered in Indonesia, this protection takes the form of canceling the Defendant's Segovia brand from the general list of brands of the Directorate General of Intellectual Property Rights. So well-known foreign brands that have not been registered in Indonesia still receive legal protection so they are protected from people who do not have good intentions with the famous brand.
Efforts To Achieve Sustainable Development In The Preparation Of Women's Empowerment Policies In Equitable Economic Activities Putri, Citraresmi Widoretno; Wijaya, Satria Yudha
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.21042

Abstract

Strengthening women's economy is a good synergy and collaboration of the legislature, executive and community groups. With support for gender equality issues, women can maximize their potential, so that they can become pillars of national economic recovery. The problem is how to implement sustainable development with a gender perspective and how to realize women's empowerment policies in equitable economic activities. The type of research used is normative-empirical juridical. The results are that in the implementation of sustainable development with a gender perspective, there has been inequality that has befallen women. In several aspects of development, women are always the disadvantaged party. In fact, with gender equality, this is relevant to economic growth, because women who think they can support life, both their own lives and their families, will increase their consumption activities which will also affect the level of economic growth. Furthermore, efforts to realize women's empowerment policies in equitable economic activities have been carried out by the Government through several efforts by emphasizing four main sectors, namely in the fields of education, health, employment, and related to the prevention of violence. One of them is in the field of employment, the government focuses on expanding employment opportunities, encouraging labor market gaps, adjusting salaries to market mechanisms, improving workforce skills and capacity with training for women, and strengthening the implementation of labor policies that accommodate gender equality.
The Potential Of Traditional Knowledge As An Improvement Of The Welfare Of Communal Communities Koto, Ismail
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19769

Abstract

Intellectual property produced by indigenous or traditional communitiesstill not accommodated by regulations regarding Intellectual Property Rights.regarding the protection and recognition of communal intellectual property has beenof concern to society and international organizations. Right now it isThere are many claims made by other nations regarding the results of natural wealthas well as the cultural intellectual property of Indonesian society. Every ethnic group in Indonesia is believed to inherit communal intellectual property which is created based on human interaction with the natural environment in order to provide a way out of life's problems. This traditional knowledge is then manifested as a form of communal intellectual property in the perspective of the intellectual property rights legal regime. The government through the Ministry of Law and Human Rights, especially the Directorate General of Intellectual Property Rights, needs to immediately carry out intensive discussions on the Draft Law on the Protection of Traditional Knowledge and Traditional Culture Express. Efforts to overcome the challenges faced by the Government in providing intellectual property protection for traditional knowledge and traditional cultural expressions are carried out by the Government through the Ministry of Law and Human Rights, especially the Directorate General of Intellectual Property Rights, including, among other things, conducting open and continuous outreach and/or campaigns regarding knowledge understanding. traditional and traditional cultural expressions
Intersection of Jurisdictional Competence between Administrative Court, District Court, and Tax Court in Adjudicating Unlawful Acts by Government Bodies and/or Officials Permana, Tri Cahya Indra; Amiludin, Amiludin
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.20384

Abstract

The jurisdiction to adjudicate disputes involving unlawful acts by Government Bodies and/or Officials encompasses three institutions, namely the Administrative Court, District Court, and Tax Court. The Administrative Court has authority to adjudicate all disputes involving unlawful acts by Government Bodies and/or Officials, except those specifically designated under the jurisdiction of the District Court and Tax Court. The District Court is empowered to adjudicate citizen lawsuits and breach of contracts committed by Government Bodies and/or Officials. Meanwhile, the Tax Court has jurisdiction to adjudicate factual actions in the field of taxation, customs, and/or excise by the Directorate General of Taxes or the Directorate General of Customs and Excise as stipulated in Article 31 of Law Number 14 of 2002 concerning Tax Court
The Mechanism For Transferring Building Use Rights Is The Decision Of The Minister Of Agrarian Affairs And Spatial Planning/Head Of The National Land Agency Number 1339/Sk-Hk.02/X/2022 Of 2022 Concerning The Granting Of Land Rights In General (Case Study At Notary And Ppat Mulyani's Office) Eka Prasetyo, Allif; Asyhadi, Farhan; Guntara, D
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19696

Abstract

This article discusses the mechanism for transferring Building Use Rights (HGB) to Ownership Rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1339/SK-HK.02/X/2022. The case study was conducted at the Mulyani S.H., M.Kn., Karawang Notary and PPAT Office. This transition process is important to provide legal certainty and increase the economic value of land. The research uses an empirical juridical approach by collecting primary data through observation and interviews as well as reviewing written and unwritten legal materials. The research results show that the transition of HGB to Ownership Rights involves document verification, tax payment, and monitoring of processing status at the Land Office. Obstacles faced include completeness of documents, limited administrative staff, and lack of public understanding of the importance of transferring rights. The solutions implemented include verifying the validity of documents, ensuring tax payments, and regular monitoring. This transformation of land status provides stronger legal force and can be inherited indefinitely, thus increasing the selling value of the land
Legal Policy On Fulfilling The Right To Clean Water For Indonesian Citizens Razikin, Razikin
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.21121

Abstract

Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that the state controls the rights to water resources with the sole purpose of the prosperity of the people. The meaning of Article 33 paragraph (3) philosophically is the embodiment of the 5th Principle of Pancasila, namely Justice for All Indonesian People, where water as one of the national riches is a need of the people which is controlled by the state within the framework of providing justice and prosperity for all Indonesian people. The general regulation of water fulfillment has been explained in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which provides a guarantee from the state for the people's right to water, including in this context the right to clean water. This concept is then further explained in Article 6 of Law Number 17 of 2019 concerning Water Resources. However, the SDA Law provides a loophole for water management, no longer solely for the public interest but shifting to private and even commercial interests. Article 8 of the SDA Law as amended by Article 53 of Law Number 11 of 2020 concerning Job Creation regulates the state's priorities for the people's right to water, namely: (a). daily basic needs; (b). people's agriculture and (c). use of Water Resources for business needs to meet daily basic needs through the Drinking Water Supply System. As a result, based on BPS data, 33.4 million Indonesians lack clean water and 99.7 million people lack access to good sanitation facilities. Legal policies on the fulfillment of clean water for Indonesian citizens must be carried out immediately as an anticipation of a medium crisis in 2025, the results of research by the National Water Resources Council. Because if there is no concrete legal policy, such as budget policy, institutional arrangements and changing existing legal products with the concept of the State controlling the rights to water resources with the sole intention of the people's prosperity, otherwise in 2040 Indonesia will be one of the countries experiencing a long water crisis, if that happens then death, poverty and hunger will become a serious problem for the Indonesian nation
Legal Responsibility of Travel Services for Consumer Losses Nainggolan, Ibrahim; Rahimah, Rahimah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19770

Abstract

Organizing travel between the travel agency and its consumers, namely service users, has a legal relationship that creates responsibilities, rights and obligations between the parties. This human relationship in Islam is known as muamalah. One thing that people often do is an agreement. In Arabic, an agreement is 'uquud' which means a (recorded) contract agreement. Legal consequences will arise if business actors do not carry out their obligations properly and consumers will complain if the results received are not in accordance with the agreement at the time of the sale and purchase transaction that was carried out. In a contract or agreement, if the business actor can fulfill his obligations well then the business actor has made an achievement, but if the business actor has been negligent and cannot fulfill his obligations well then a default will arise. Apart from that, business actors or in this case travel agencies can also be subject to criminal penalties, Article 61 UUPK "criminal prosecution can be carried out against business actors and their management". It is also stated in Article 62 "Paragraph (1) Business actors who violate the provisions as intended in Article 8, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a, letter b, letter c, letter e, paragraph (2) and Article 18 shall be punished with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). Paragraph (2) Business actors who violate the provisions as intended in Article 11, Article 12, Article 13 paragraph (1), Article 14, Article 16, and Article 17 paragraph (1) letters d and letter f shall be sentenced to imprisonment for a maximum of 2 (two) ) years or a maximum fine of IDR 500,000,000.00 (five hundred million rupiah)

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