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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 287 Documents
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New Format Idea in Dissolution Application Political Parties in Indonesia Efendi Ibnususilo; Faishal Taufiqurrahman; Tomy Supriadi
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.v7i2.8722

Abstract

This research formulates several problems, namely: 1) why do reasons and applicants for the dissolution of political party in Indonesia need to be extended in the request?, 2) how is the ius constituendum of the stage of the application for the dissolution of political party in Indonesia? The research method used a juridical normative method by using a philosophical approach and a legislative approach. The results of the research show that corruption must also be included in one of the reasons for the dissolution of a political party, because corruption is a crime that can cause harm for the community. As for the extension of applicants, the urgency can be viewed from four factors. First, the principle of popular sovereignty that adopted by Indonesia. Second, the concept of rechtsstaat that adopted by Indonesia. Third, giving the government the role to be the only applicant in the application for dissolution of a political party will obstruct the process of supervision of political party carried out by the people. Fourth, one of the political party financial resources are from the APBN / APBD, so people reserve the right for the accountability of the use of APBD/APBN by political party. There are two stages in the constituendum of the dissolution of political parties in Indonesia, namely: 1) the stage of submitting an application to the Constitutional Court, 2) the stage of trial in the Constitutional Court. The trial stage consists of five stages: First, preliminary examination. Second, the follow-up trial. Third, the verification process. Fourth, Judicial Consultation Meeting (JCM). Fifth, the reading of the decision by the constitutional judges
Reorientation of Indonesian Criminal Policy Based on the Economic Analysis Of Law Approach CSA Teddy Lesmana
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.v7i2.10727

Abstract

Indonesias criminal policy seems to only focus on criminalizing action that are considered morally wrong which overrides one of the objectives of the implementation of criminal law, namely the recovery of the consequences of a criminal act and criminal policy in Indonesia does not seemes to care about the consequences arising from handling cases and the consequences of punishment. Hundreds of thousands of people which of course human resources, places and also very large costs. This paper discusses the idea of economic analysis of law in criminal law policy. This paper also discusses the reorientation of Indonesia criminal policies based on economic analysis of law. The research method used is normative juridical, qualitative research method that takes a normative critical attitude from human insight or existence and criticizies legal practige and legal dogamtics. This writing uses document studies, especially researching the laws and regulations as well as relevant books and journals
The Four Main Principles That Become the Pillars of Legal Building National Treaty Muhammad Arifin
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.v7i2.10288

Abstract

Contract law as regulated in Book III of the Criminal Code. Civil Code is a legacy of the Dutch Colonial which is more than a century and a half old. Considering the development of the business world which is closely related to the law of agreement or contract, it becomes a sine qua non to reform the law of agreement. The renewal of treaty law cannot be separated from the search for legal principles that serve as the basic foundation so that legal issues arise to seek and find the legal principles that are the pillars of the building of national treaty law. This research is a normative juridical research, namely research that conducts an assessment of library materials. The data source used is secondary data. Secondary data is data sourced from library research related to publications, namely library data listed in official documents. The search and discovery of these legal principles is carried out through normative legal studies by relying on the search for various theoretical legal materials obtained from literature studies. The results of the study found four main legal principles as the main pillars of the building of national contract law, namely the principle of consensualism, the principle of freedom of contract, the principle of binding contractual power and the principle of good faith
Ius Constituendum of the Regulation for Autonomous Body of Social Organizations in the Security Sector as Reserve Command Kriswanto Kriswanto
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.v7i2.10353

Abstract

The universal people's defense and security system mandates the importance of the community's role in defense and security efforts against various threats to the Indonesian state. The role of the community in defense and security efforts can be carried out with the participation of the community to become the Reserve Command. In this case, especially for members of the autonomous bodies of community organizations in the security sector, they should have their own space to become the Reserve Command. This research is a juridical-normative legal research with legal issues, namely the legal vacuum in regulating autonomous bodies of social organizations in the security sector to be given a special route to become a member of the reserve component. The approach in this research is the approach to legislation and the concept approach. The results of the study confirm that the urgency to provide special arrangements for members of autonomous community organizations in the security sector to become members of the reserve component because they already have the basics of security skills. In addition, legal construction needs to be carried out by revising the applicable regulations.
Implementation of Revocation of Travel Business Permits Due to Not Periodic Testing in Pekanbaru City Based on Law Number 22 Year 2009 concerning Traffic and Transportation Road Transport Dasmon Simanjuntak
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.v7i2.10199

Abstract

In order to ensure the feasibility of passenger or goods vehicles (angkot, buses, trucks) on the road, the government should supervise. The supervision carried out is in the form of periodic tests carried out by the government, especially the ministry of transportation, which is clearly regulated in Law Number 22 of 2009 concerning Junto Road Traffic and Transportation Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 133 of 2015 concerning Periodic Testing of Motorized Vehicles (Permenhub) PBKB). In Article 49 paragraph (1) of Act No. 22 of 2009 it is stated that imported, manufactured and/or assembled Motorized Vehicles, trailers, and patch trains that are imported, manufactured and/or assembled in the country to be operated on the road must be tested. The implementation of the revocation of travel business permits due to not having periodic tests in Pekanbaru City is not implemented properly, there are still many travellers who are not tested regularly and are not given sanctions. The obstacles in implementing the revocation of travel business licenses due to not having periodic tests in Pekanbaru City are due to the low legal awareness of travel owners, lack of testing staff and ability to test and equipment facilities that do not support. Efforts to overcome obstacles in implementing the revocation of travel business licenses due to not having periodic tests in Pekanbaru City are by making policies and proposing additional testing staff and carrying out maintenance of testing facilities and equipment
Legal Due To The Business Fields Of The Limited Company That Are Not Integrated With Online Single Submission Syarifah Fitri Sarah; Teuku Ahmad Yani; Yusri Yusri
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.v7i2.10806

Abstract

Limited Liability Company is the most popular form of business. To run a Limited Liability Company, a clear line of business is needed. The list of business fields in the company is now based on the standard classification of Indonesian business fields or KBLI 2020, because companies that previously used the 2015 KBLI had to adjust the Articles of Association first and the articles of association were notified to the Minister of Law and Human Rights through a notary using the AHU Online application. AHU Online is an electronic-based legal service organized by the Directorate General of General Legal Administration and has been integrated with the Online Single Submission or OSS which is an electronic licensing service. However, it turns out that there are business fields that have been registered with online AHU that are not integrated with OSS. This type of research is empirical juridical, with a legal approach (sculpture approach), and a conceptual approach (conceptual approach). The legal materials used in this study consist of primary, secondary, and tertiary legal materials. The location of this research is in the city of Banda Aceh. The results of the study indicate that the legal consequences of a business field that is not integrated with OSS is that the business field cannot be run, because it cannot obtain a business license, so the company cannot run a business, which fulfills the absolute requirements that must be met to carry out business activities
Employment Agreement in the Perspective of Business Civil Law Masitah Pohan
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.v7i2.10290

Abstract

Civil law was created as an effort to create a law that should exist to assist business or trade processes and activities, through this law, of course, business activities will also not violate applicable laws. The reasons why this rule is needed by business people include making it clear which parties involved in a business will need something more official and no longer about promises or just good faith. The type of research used in this writing is library research. Library research means research that uses written documents as data, and the data sources used in this research include primary legal materials, secondary legal materials and tertiary materials. Primary legal materials are legal materials that bind or make people obey the law, including legal products that are the subject of study and legal products as a means of criticism. Secondary legal materials include explanations of primary legal materials in the form of expert doctrines found in books, journals, and on websites. According to Article 1601a of the Civil Code, what is meant by a work agreement is an agreement where one party, the worker, binds himself to work for another party, the employer, for a certain time, by receiving wages, based on Law No. 13 of 2003 concerning Employment is explained that, a work agreement is an agreement between a worker/labourer and an entrepreneur or employer that contains the terms of work, rights and obligations of the parties. Agreements in the management of a business have a very important role. In the business world, every agreement will be formally stated through an engagement, so that the agreement will have legal force and power that compels the parties to be obeyed and implemented
Legal Review of Application for Customary Land Rights Based on National Land Law Regulations Endah Pertiwi
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.v7i2.10365

Abstract

The definition of control over land is a concrete legal relationship (usually called "rights"), if it has been linked to certain land as the object and a certain person or legal entity as the subject or right holder. sons who are subject to customary law who do not have written evidence, are owned by local residents, often called customary land, for example, customary land rights, can be registered with the Confirmation of Conversion and Registration of Former Indonesian Rights to Land, this journal is a normative juridical research with the approach method of legislation. Invitation, case approach and conceptual approach, this study aims to analyze and explain the Process of Application for Customary Land Rights and Provisions Regarding Cancellation of Land Certificates. a Conversion that can be applied to the local Land Office with evidence possessed by the land authority. With the issuance of a certificate as strong evidence that can cause a dispute, then it can be canceled with provisions so that the land administration system is orderly and legal protection for anyone without being harmed. With so many rights to customary lands and other lands that do not have rights, it is hoped that the community and the government can collaborate well to create administrative order and avoid land disputes
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

Page 17 of 29 | Total Record : 287

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