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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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The Dynamic Aspects of Smart Contract in Non-Fungible Tokens Qonita Nadya Haq; Aimee Aurilya Anindita; Erina Setyowati; Putri Liny Anggraini
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.v7i2.10381

Abstract

Technological advances always lead to various implications in people's lives, not least in the aspect of buying and selling transactions. In the current era, the dynamics of buying and selling transactions are enlivened by the presence of Non-Fungible Tokens (NFT); as an asset embodied in the form of a digital token. Furthermore, one of the components of NFT is the existence of smart contracts; as the presence of smart contracts also raises legal issues. This legal research aims to examine and examine the problems of smart contracts when they become evidence in a dispute; while at the same time reviewing the validity of smart contracts in the positive legal system in Indonesia. This legal research uses primary legal materials and secondary legal materials with a conceptual approach and legislation. The results of this study state that there is no legal instrument that regulates smart contracts, so the implementation of smart contracts is legal under Indonesian law. On the other hand, the existence of a smart contract as a form of an agreement is subject to the enforcement of Article 1320 of the Civil Code, so that the smart contract fulfills the components of the agreement as required in the legislation
Unlawful Acts of Transferring Inherited Objects to Other Parties Without the Knowledge of All Heirs (Study of Decision 75/PDT.G/2017/PN Praya) Fadhila Rizqi; Fully Handayani Ridwan
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.v7i2.10231

Abstract

Civil agreements between individuals are not free from unlawful acts. Violations often occur due to agreements made by unauthorized persons, especially in terms of buying, selling, and transferring rights to an object of the agreement. As in the case of Decision 75/PDT.G/2017/PN Praya, violations were found due to the transfer of rights to inherited land without the knowledge of all authorized heirs. This dispute occurs simultaneously in two legal actions, the first legal act, the right to the inherited land is transferred by one of the heirs of the owner to someone who is not authorized to the land, which then by the unauthorized person, the inherited land that does not belong to him is sold to the third party, another as the subject of the land purchaser. This study is aimed at elaborating why the agreement that arose the case was categorized as PMH. The research method used is normative juridical, accompanied by primary and secondary legal materials. The problem approach used is the statutory approach, where the regulation that becomes the main reference is the Civil Code. The results of the study state that violations arise as a result of the actions of the perpetrators contradicting the rights of others, with their obligations, and the moral norms. These violations are categorized as PMH, because there is an act by the perpetrator that triggers a loss to another party, meaning that there is a causal correlation between the act and the loss
Implementation of Civil Procedural Law E-litigation in Justice System in Indonesia (Study in District Court in North Sumatra Region) Abd Harris; Hani Ridho Nasution
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.v7i2.10314

Abstract

The background of this research is because The Supreme Court has made a breakthrough in the Law administration of Cases in the Court Electronically (Online) by issuing Supreme Court Regulation (PERMA) Number 1 of 2019 concerning the Administration of Cases and Trials in The Court Electronically. The results of the research, the electronic trial system (e-Litigation) experienced many obstacles, especially in the district court area which is categorized, Blankspot area so that the trial process is not normal for example, the trial schedule that has been set in the e-Court can be known and cannot be known because of internet network interference such as in the Sibuhuan District Court area, Padang Lawas Regency, North Sumatra Province. This view was also affirmed by Abdullah Husain, an Advocate from Peradi Medan who had filed a case in the area. As a result, the Advocate had to contact the Substitute Registrar for the trial schedule to be reviewed because the internet network was problematic. In addition, people in the area prefer conventional (face-to-face) trials that have been carried out for decades on the basis of the law Rechtsreglemen buitengewesten (Rbg). The solution to this problem, the judges will generally question the litigants, whether the trial is electronic or not. The judge always gives views on this e-Court to the litigants in the courtroom, and if approved by all parties, news of the approval of the e-Litigation trial is made. The same obstacles are also experienced by the Simalungun/Pematangsiantar District Court, Padangsidempuan, Tebing Tinggi, Lubuk Pakam and Medan District Court. According to the e-Court Corner officer of the Medan District Court, Gunawan, in the Medan District Court there is very rare internet network disruption unless pln istric flow dies. Advocates take a better view with e-Litigation because the process is easier, faster, light and simple costs in accordance with Article 2 paragraph (4) of Law No. 48 of 2009 on Judicial Power. Of course also, also to avoid games by the judicial mafia. In addition, in the midst of the Covid-19 Pandemic condition is not over, PERMA No. 1 of 2019 will also help the parties not to flock to the conference. PERMA is strongly responded by advocates in Indonesia, especially in North Sumatra
Juridical Analysis of Good and Correct Application of Indonesian Language in Legal Professionals Nurhilmiyah Nurhilmiyah
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.v7i2.10644

Abstract

Bahasa Indonesia is a language used in the field of law in Indonesia, and has its own characteristics. therefore legal language must meet the Indonesian language terms and rules. Legal language is actually part of Indonesian too. Indonesian language with a variety of laws is one of the various Indonesian languages that are used as communication tools by people who are involved in the field of law or studying law. The variety of legal languages, must pay attention to the structure or rules of the standard Indonesian language. Therefore, legal language should not prioritize language style but prioritize legal certainty. Legal professionals that include academics and important legal practitioners master language skills. Because the field of law cannot be separated from the application of language. Legal products are written in language. According to previous research, there are various deviations in the prevailing Indonesian rules. both in case files, agreement letters, notary deeds, and statutory regulations. This writing wants to find answers to the problem formulation, how is the regulation regarding Indonesian in positive law. And how should the application of Indonesian language be good and right for legal professionals
Perlindungan Hukum Terhadap Harta Bersama Pasca Perceraian Dengan Mantan Suami Yang Sakit Mental Shintya Netria Putri; Darmawan Darmawan; Iman Jauhari
DE LEGA LATA: JURNAL ILMU HUKUM Vol 6, No 2 (2021): Juli-Desember
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v6i2.11646

Abstract

Pasal 37 ayat (1) Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Pasal 97 Kompilasi Hukum Islam dijelaskan bahwa apabila perkawinan putus karena perceraian, Janda atau duda cerai hidup masing-masing berhak seperdua dari harta Bersama. Namun dalam Putusan Nomor:130/Pdt.G/2020/MS-Lgs gugatan pembagian harta bersama oleh penggugat / pihak istri tidak dapat diterima karena alasan tergugat masih berada di bawah pengampuan penggugat/mantan istrinya dan belum dilakukan pencabutan. Isu hukumnya yang diangkat adalah bagaimana perlindungan hukum terhadap hak-hak istri atas harta bersama pasca perceraian. Dengan melakukan penelitian yuridis empiris dengan penelitian lapangan dan kepustakaan diperoleh kesimpulan perlindungan hukum pembagian harta bersama akibat perceraian terhadap tergugat di bawah pengampuan dapat diupayakan dengan pencabutan penetapan pengampuan terlebih dahulu kemudian melanjutkan Kembali gugatan pembagian harta bersamanya agar persidangan dapat dilanksanakan
Films and Children: A Study of Korean Film Consumer Legal Protection Kelik Wardiono; Imaniar Rinanda Ayuningtyas
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.v7i2.12585

Abstract

This research, which aims to describe the legal protection of children as consumers of Korean films, is based on legal research with a doctrinal approach. The main data in this study is in the form of secondary data obtained through a literature study on Korean films broadcast via the Netflix platform. Based on the discussions that have been carried out, it is known that Korean films still do not provide legal protection for children as film consumers, this is evidenced by the many scenes that conflict with Article 6 of Law Number 33 of 2009 concerning Film, such as scenes containing violence, the use of narcotics, pornography and scenes that can degrade human dignity
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.

Page 18 of 29 | Total Record : 287

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