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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 18 Documents
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Search results for , issue "Vol 9, No 2 (2024): July-December" : 18 Documents clear
Legality Of Shopee Paylater Payments For Shopee Platform E-Commerce Transactions In Conventional Law Sulubara, Seri Mughni; Lubis, Hidayati Purnama; Simbolon, Nanci Yosepin; Razi, Fachrul
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.v9i2.20414

Abstract

Shopee is an application engaged in online sales or e-commerce that can be accessed easily using a smartphone. Shopee paylater is a buy now pay later method provided by the Shopee platform that allows consumers to pay for a transaction at a later date, either in one payment or in installments. The research method used is qualitative descriptive research with a normative juridical approach. The legal review of shopee paylater transactions on the shopee application as internet-based technology financing for the convenience of remote electronic transactions is contained in Articles 1313, 1320, 1338 and Article 1365 of the Civil Code. To protect the interests of consumers who use shopee paylater in the shopee application, it is regulated in Articles 4, 6, 7 and Article 62 of Law Number: 8 of 1999 concerning Consumer Protection. In the Electronic and Transaction Information Law, the protection of consumer interests of shopee paylater users is regulated in Article 18 paragraph 1 of Law Number: 19 of 2016 concerning Amendments to Law Number: 11 of 2008 concerning Electronic Information and Transactions
Juridical Study Of Planning Murder Cases (Study Decision Number 91PID.B2022PN KRW) Pahlepi, Hendra; Amaliya, Lia; Dewi, Sartika
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.v9i2.19706

Abstract

Crime is someone's behavior that violates positive law or law that has been legitimized in force in a country. In this case premeditated murder is the crime of taking the life of another human being, or killing, after planning the time or method, with the aim of ensuring the success of the murder. The problem is how the juridical aspects relate to the handling of premeditated murder cases and how the judge considers them when deciding on murder cases in Decision Number 91/Pid.B/2022/Pn.Krw. Qualitative Research Method using the Normative Juridical approach method. The results of the research are the Juridical Aspects of the Elements of the Crime of Premeditated Murder, which are stated in article 340 of the Criminal Code: "Anyone who intentionally and with premeditation takes the life of another person, is threatened with premeditated murder (moord), with the death penalty or imprisonment life imprisonment or a maximum imprisonment of twenty years" namely 1) Elements of each person; 2) Elements on purpose; 3) Elements are planned in advance; 4) The element of eliminating other people's souls. The Judge's Considerations in Deciding on a Murder Crime Case in Decision Number 91/Pid.B/2022/Pn.Krw, namely as in Article 183 of the Criminal Procedure Code that the considerations prepared include the facts and circumstances along with evidence of at least two pieces of evidence obtained from the examination at trial which is the basis for determining the defendant's guilt. In accordance with the facts at trial and it has been concluded that the defendants have been legally and convincingly proven guilty of committing the crime of participating in murder with premeditation as stated in the first indictment of the public prosecutor. And based on the considerations above, all conditions of punishment have been fulfilled, both the objective conditions of a criminal act and the subjective conditions of criminal responsibility. In this way, the Panel of Judges did not find any justification or excuse for the defendant for the criminal acts he committed, therefore the defendants must be punished according to their actions.
Legal certainty of ruling of the consumer dispute resolution agency (BPSK) number: 20/pts/bpsk/x/2022 regarding objections of pt. Bank sumsel babel Muslim, Muslim; Hayatuddin, Khalisah; Kasra, Helwan
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.v9i2.19987

Abstract

Consumer Dispute Resolution Agency (BPSK) in Level II Regions to resolve consumer disputes through out-of-court channels, namely by mediation, arbitration or conciliation, and dispute resolution can be done quickly, easily and cheaply and BPSK decisions are final and binding, if accepted by both parties. Even though the BPSK decision is final and binding, an objection can be submitted to the Court. This research aims to analyze 1. What are the duties and authorities of the Palembang City Consumer Dispute Resolution Agency (BPSK) in resolving consumer disputes from a civil law perspective 2. What is the Legal Certainty of the Decisions of the Consumer Dispute Resolution Agency (BPSK) Number: 20/PTS / BPSK /X/ 2022 against PT. Bank SumselBabel. Normative research methods with statutory, conceptual and case approaches. The research results show that BPSK is passive in carrying out its duties and authority and acts when there are complaints from consumers. The BPSK decision does not provide legal certainty for consumers because after PT. Bank SumselBabel submitted an objection to the BPSK decision to the Court before 14 days and based on Court Decision number: 298 / Pdt.Sus-BPSK / 2022 /PN Plg canceled the BPSK decision Number: 20/PTS / BPSK /X/2022. This is due to the existence of contradictions between one rule and another relating to BPSK decisions. It is necessary to revise clear regulations regarding consumer protection so that they become a strong legal umbrella for BPSK decisions. 
Implementation Of West Kalimantan Regional Police Policy In Effectiving Forest And Land Fire Law Enforcement Efforts Hidayat, Fanni Athar; Kurniawan, Teguh
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.v9i2.20513

Abstract

Cases of forest and land fires are an environmental problem tha never ends every year. The number of forest and land fires in Indonesia is a special concern for law enforcers to continue collaborating in creating synergistic handling policies between each law enforcement agency to resolve and prevent forest fire cases especially in the West Kalimantan region. The West Kalimantan Regiononal Police, based on Circulatar Letter Number SE/15/XI/2016, is makin every effort to deploy police personnel to assist in handling and enforcing the law on forest fire cases in The West Kalimantan Jurisdiction. This is because the still alive and developing culture of burning areas of land by customary law commnities means there is a need for law enforcement, in accordance with standards and operations so that forest and land fires can be minimized. And it is necessary to use the implementation of Georgre Edward III’s Theory which prioritizes aspects of communication, completeness of natural resources, disposition, and reffering to SOPs to enforce cases of forest and land fires in West Kalimantan
Criminal Responsibility Against People Of The Crime Of Matters Is Reviewed From Article 170 Of The Criminal Law Book Firmansyah, Rahman; G, Deny; A, Muhammad; Rahadian, Rian
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.v9i2.19709

Abstract

This study examines criminal liability and judges' considerations for perpetrators of demolition based on Article 170 of the Criminal Code (KUHP), with a focus on the analysis of Decision Number 15/Pid.B/2022/PN.Kwg. Demolition is an act of violence that involves two or more people together against one or more victims, with the potential to cause serious physical injury or even death. This study aims to uncover how Criminal Liability Against Perpetrators of Demolition is Reviewed from Article 170 of the Criminal Code (Study of Decision Number: 15/Pid.B/2022/PN.Kwg) and Judge's Considerations in Deciding Cases of the Crime of Murder in Decision Number: 15/Pid.B/2022/PN.Kwg. The research method used is document analysis, by using court decision documents to examine legal considerations,  the evidence submitted, as well as other factors that affect the criminal decision-making process. The results of this study consider key aspects such as the evidence needed to prove the guilt of the perpetrators of the demolition committed by members of CSOs, as well as the influence of the number of perpetrators in the demolition, and the role of each perpetrator in the incident. This study highlights that criminal liability for perpetrators of demolition committed by members of CSOs is greatly influenced by the evidence presented at the trial, including the chronology of events, motives, and contributions of each perpetrator to the violence that occurred. The court also considers mitigating factors such as the losses incurred by the victim and the attitude of the perpetrator after the incident. The implication of this study is to deepen the understanding of the application of Article 170 of the Criminal Code in cases of rape, as well as its relevance in the context of modern criminal law. These findings make an important contribution to legal practitioners, academics, and law enforcement in understanding how the criminal justice system handles violent crimes committed together, with the hope of improving justice and the effectiveness of law enforcement in Indonesia
Legal Recognition Of Online Arbitration In Indonesia Related With China International Economic And Trade Arbitration Commission Online Arbitration Rules (Cietac Oar) Dewanto, Jagad Putra; Amalia, Prita; Budhijanto, Danrivanto
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.v9i2.20092

Abstract

The development of electronic commerce has opened up the possibility of disputes among cross-border traders. Online Dispute Resolution (ODR) is one emerging form of dispute resolution adopted by China through the China International Economic and Trade Arbitration Commission (CIETAC). While Indonesia has regulations such as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and BANI Rules 2022 governing the electronic correspondence process of dispute resolution, ODR is not explicitly addressed. This research examines the legal recognition of ODR in Indonesia and explores the urgency of establishing ODR institutions with reference to CIETAC. The research findings indicate that Indonesia has not explicitly recognized ODR, signifying the urgent need to establish ODR platforms and revise arbitration regulations and dispute resolution in Indonesia. China's experience in recognizing ODR through the establishment of platforms and regulatory updates in its arbitration regime can serve as guidance for Indonesia in the future
Implementation of Court Decisions Regarding the Payment of Mut'ah, Iddah, And Madhiyah Bintoro, Septian Cahyo; Tahir, Palmawati; Dwisvimiar, Inge
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.v9i2.22365

Abstract

The National Law on Marriage and Compilation of Islamic Law (KHI) has made significant improvements to the implementation of Religious Court judgments on Mut'ah, Iddah, and Madhiyah . This study analyzes legal certainty on the implementation of the Religious Court's decision on these three issues in the Serang and Magelang religious court decisions 0076/Pdt.G/2017/PA.Mgl and legal settlements between the parties regarding maintenance. The research technique is empirical normative legal research on laws and regulations connected to the Serang religious court decision 1570/Pdt.G/2020/PA.Srg and the Magelang religious court decision 0076/Pdt.G/2017/PA.Mgl. Secondary data from court decisions and interviews, scientific journals, and internet media are used in the research data source. The analysis shows that decisions 1570/Pdt.G/2020/PA.Srg and 0076/Pdt.G/2017/PA.Mgl fulfilled the legal certainty requirement of Law Number 16 of 2019 on legal obligations. of Mut' ah, iddah, and madhiyah. However, in completing the implementation of the decision number 1570/Pdt.G/2020/PA.Srg it has not been carried out in its entirety in relation to the payment of living expenses that must be made by the respondent. Alternatives to this are mediation, negotiation, or going through court
Monitoring Of The Maintenance Of State-Owned Goods In The Form Of Operational Vehicles Of Padjadjaran University For Educational Processing Ramaditya, Mochamad; Muttaqin, Zainal; 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.v9i2.23356

Abstract

Unpad is a university that has the status of a State University with Legal Basis (PTN BH) that applies the Public Service Agency Financial Management pattern (PK BLU) or PTN Legal Entity. Unpad obtained the mandate to increase autonomy to become a Legal Entity PTN. Unpad revenue sourced from the State Budget is used to fund operational costs, lecturer costs, education personnel costs, investment costs and development costs. Budget funding issued to be allocated to various financing, one of which is mentioned in Article 5 letter d of Government Regulation No. 26 of 2015 concerning Forms and Mechanisms of Funding for Legal Entity State Universities and is used for the procurement of facilities and infrastructure for the implementation of the tridharma of Higher Education in the form of operational service vehicles.  There are several visible problems related to operational vehicles owned by Universitas Padjadjaran that are not suitable for use. Padjadjaran University's operational service vehicles are one example of goods owned by Unpad that need to be maintained and maintained. Since the beginning of its procurement, official vehicles owned by Padjadjaran University are used to support the smooth creation of good mobility in the Padjadjaran University campus environment

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