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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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Therapeutic Community for Victims of Narcotics Abuse at the Mutiara Abadi Binjai Rehabilitation Center, Bandar Senembah Village, Binjai Barat District-Binjai City (Analysis of PP. Number 25 of 2011 and Maqashid Al-Syari'ah) Hamdan Mubarok; Zulkarnain Zulkarnain; Hafsah Hafsah
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.v8i1.12479

Abstract

This study aims: (1) To find out PP No.25 of 2011 regulates rehabilitation in the Therapeutic Community approach, (2) To find out Therapeutic Community at the Mutiara Abadi Binjai Rehabilitation Center based on PP No.25 of 2011, (3). To find out the Therapeutic Community at the Mutiara Abadi Binjai Rehabilitation Center in terms of Maqashid Al-Syari'ah. This research is a field research that uses empirical juridical methods. This research approach is statutory, case approach, conceptual approach. The sources of this research are primary data sources obtained directly from the original sources in the form of interviews, opinion polls from individuals or groups (people) and secondary data obtained through intermediary media or indirectly in the form of books, notes, existing evidence, or archives, both published and unpublished. The results of this study are the results of assessments and Ministerial Regulations", almost all of which are used as a reference by the Therapeutic Community as a method in the rehabilitation process such as the initial stage (induction) after undergoing detoxification, the primary stage (a social rehabilitation program of about 4 months), the re-entry stage. (facilitating residents to be able to socialize with outside life for 3-6 months. It's just that there are programs that are typical of the Therapeutic Community, namely the after care stage (friendship among former residents outside the orphanage), Therapeutic Community which is held at the Mutiara Abadi Rehabilitation Center Binjai also does not deviate from the provisions of the articles contained in PP No. 25 of 2011, such as the pattern of resident coaching, availability of infrastructure, medical and social rehabilitation, the Therapeutic Community approach at the Mutiara Abadi Binjai Rehabilitation Institution from the perspective of Maqashid Al-Syari' Ah, all achieved in terms of benefit as discussed in Maqashid Al-Syari'ah, especially on the five main principles that must be realized such as, hifzh ad-dn (maintaining religion), hifzh an-nafs (maintaining), hifzh al-'aql (maintaining reason), hifzh an-nasl (maintaining offspring), and hifzh al-ml (maintaining wealth).
Policy On The Implementation Of Restrictions On Community Activities (PPKM) Based On Inclusive Law Muh Akbar Fhad Syahril; Ade Risna Sari; Fuad Fuad; Rachmadi Usman; Baren Sipayung
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.v8i1.12480

Abstract

The COVID-19 pandemic that has hit the world has impacted the crisis in all aspects of human life. The COVID-19 pandemic, which was initially a health crisis, quickly transformed into an economic, social, political, and even environmental crisis. The Indonesian government is trying to control the spread of COVID-19 by issuing various policies, one of which is the Implementation of Community Activity Restrictions (PPKM). However, PPKM has attracted a lot of controversy because it is felt that it has made it difficult for many people in the context of mobility and seems to violate personal rights. This study aims to analyze PPKM policy with an inclusive legal approach. As part of the social order, in addition to norms of decency and religion, inclusive law protects and integrates the interests of members of society. This research method is normative-juridical with a statutory and conceptual approach. The data obtained are analyzed qualitatively and presented descriptively. The results showed that the PPKM policy is an effort to overcome the decline of society due to the pandemic and follows the concept of inclusive law. Between inclusive law and legal reality, there is a commonality in seeing the various interests of members of society that will create order in life. This makes people able to live with certainty and create order. The Indonesian government chose to seek an orderly situation by imposing a ban on mobility through PPKM
Imprisonment in Crime Control Efforts Dian Mustika Intan; E. Soponyono
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.v8i1.12497

Abstract

Crime prevention in Indonesia is often related to criminal enforcement through the prison system, which is one of the criminal sanctions that are often used as a means of crime prevention in various categories. The study used normative juridical research by performing library studies of legal and literary materials associated with the object of the study. The purpose of this study is to determine the effectiveness of prison penal penalties in criminal policy as well as problems in the implementation of imprisonment at the penitentiary. The results of the study conclude that the effectiveness of imprisonment will be reviewed from two main aspects of the purpose of punishment, namely, first, the aspect of society's protection, which is very specific to society. Second, it is seen from the aspect of the improvement of the individual who focuses on improving the behavior of the perpetrators. Problems are often encountered in prison criminal executions at suchpenitentiary: overcrowding inpenitentiary, the rise of new crimes in the penitentiary, the differences in correctional facilities, not fulfilling the basic rights of prisoners, a lack of integrity and guidance for the guards
Development Of A Model Of Utilizing Cash Wakaf To Realize A Legal Tourism Area In Medan City Faisal Faisal; Zainuddin Zainuddin; Nursariani Simatupang; I. Koto; Ismail Sitorus
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.v8i1.12765

Abstract

Today's cash waqf has become one of the financing alternatives for fiscal instruments in the economy. The understanding of the benefits of waqf, which so far has only been used for direct worship facilities such as mosques and cemeteries, has shifted in a broader direction, especially to improve welfare and the economy. Cash waqf has two functions: as a means of worship and as a means of improving social welfare. Returns from the management of cash waqf can be used as instruments in poverty alleviation programs through the development of MSMEs and the establishment of tourist areas. The impact of developing tourist areas will be felt directly by the community if, in these tourist areas, MSMEs grow and develop. The utilization of productive waqf with the management of Hajj funds is in accordance with the intent of Law Number 34 of 2014 concerning Hajj Financial Management and Law Number 41 of 2004 concerning Waqf, both of which aim to provide benefit to Muslims. In its implementation, the utilization of waqf funds can be made into a hotel project or infrastructure supporting halal tourism, such as airports, MSME kiosks, and so on. Then the profits obtained will be channeled for the benefit of the people. On the other hand, the development of halal tourism facilities and infrastructure also creates jobs. In addition, Indonesia is already known as a Muslim-friendly tourist destination. This development of halal tourism can optimize Indonesian tourist destinations as Muslim-friendly tourist destinations. Cash waqf as a means of financing can be used for more than one particular sector and only certain models. Cash waqf can be used as an alternative solution for financing all sectors that support the economy, both for consumptive and productive purposes. The benefits of cash waqf for the productive sector can be realized by increasing community capital in developing their businesses, both for basic business capital and for supporting capital for their businesses. What about the attractive design and appearance of the area surrounding where they are attempting to become a community destination for visiting?
Decision of the Panel of Judges About Mafqud legacy (Study of Normative Juridical Analysis at the Medan City Religious Court) Muhammad Yusuf; hafsah hafsah; Dhiauddin Tanjung
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.v8i1.12481

Abstract

This study aims to determine the method of the panel of judges of the Medan City Religious Court in taking law in mafqud inheritance cases, to find out the results of the decision of the panel of judges of the Medan City Religious Court in the case of mafqud inheritance, and to find out whether the decision of the panel of judges of the Medan City Religious Court in taking law in cases of mafqud inheritance is in accordance with the principles of justice and legal norms. This research method consists of several things: the type of research is empirical-juridical-normative, and the approach (approach) used is the statute approach, namely the decision approach of the Medan City Religious Court. Sources of data consist of observations, interview results, and results of documentation with Medan Religious Court Judges. The results of the research are as follows: The method of the panel of judges at the Medan City Religious Court in taking law in mafqud inheritance cases, which is almost the same as the methodology in other cases submitted to the Medan City Religious Court, is by following the formal legal rules and material law contained in the Code of Procedure Civil Code (KUHPerd.). The results of the decision of the panel of judges at the Medan City Religious Court in the mafqud inheritance case are that in four cases, three requests were granted, namely Determination Number 73/Pdt.P/2011/PA.Mdn., Determination Number 213/Pdt.P/2017/PA.Mdn., and Determination Number 68/Pdt.P/2018/PA.Mdn., while one case cannot be accepted, namely the lawsuit (contentious) in Decision Number 2317/Pdt.G/2017/PA.Mdn. The decision of the panel of judges at the Medan City Religious Court in taking law in the mafqud inheritance case was in accordance with the principles of justice and legal norms; in general, it fulfilled the principles of justice. On the other hand, there were decisions of the assembly that were inconsistent with the principle of equality before the law (equality before the law), as in cases of lawsuits that were not granted by the judge for reasons that were not strong in the author's analysis. The standardization of statements concerning a person's mafqud, including both heirs and heirs. In cases of application (volunteer), it seems that it is very easy to determine who is mafqud, whereas in lawsuits (contentious), the judge is very thorough and very strict in examining someone who is mafqud. Besides that, there is a disregard for the rights of the heirs of the heir's siblings who are mafqud, which is contradictory with the principles of Islamic inheritance law
Implementation of Government Regulation Number 42 of 2007 Regarding Franchise Agreements in Local Fast Food Businesses Savirra Satriadi; Etty Mulyati; Tri Handayani
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.v8i1.12478

Abstract

Franchising is one of the opportunities to become an entrepreneur, which recently is one of the developing economic activities. Franchise itself is a special right owned by an individual or business entity with business characteristics in order to market goods and/or services based on a franchise agreement. Franchise Agreements have implications for Local Warteg Franchise and Japanese Udon Foreign Franchise. The purpose of this research is to know and understand the Domestic Franchise Agreement and Foreign Franchise and to know and understand the Implementation of Government Regulation Number 42 of 2007 Regarding Franchise Agreements in Local Fast Food Businesses. The research method used is descriptive with a normative juridical research type using a statutory approach (Statute Approach) then data collection techniques through document studies on secondary data, then the data is analyzed with qualitative juridical. Based on the results of the study it was concluded that the Object of Research on Local Fast Food Franchise Agreements, namely domestic franchises, namely Warteg and Japanese Udon Foreign Franchises both made by the nation's children and foreign franchises still refer to positive law in Indonesia, namely Government Regulation 42 of 2007 concerning Franchising , then the Implementation of Government Regulation Number 42 of 2007 regarding Franchise Agreements on Local Fast Food is specifically regulated in Article 5 of Government Regulation Number 42 of 2007 concerning Franchising Other than Clauses that must be in the Franchise Agreement, one of the legal instruments that must be observed is STPW.
Development of Regulations and Problems in the Conversion of Agricultural/Paddy Land Functions and Their Resolving With Land Incompatibility in Indonesia Hendry Chandra; F. H. 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.v8i1.11732

Abstract

The spatial plans that have been made so far have not prioritized paddy or agricultural land; this is reflected in the fact that the regional governments have not issued any spatial plans related to paddy or agricultural land. Recently, real threats have occurred because the transfer of agricultural land or rice fields has been the subject of discussion at the level of environmental experts or by the central government through the relevant ministries. Whereas the conversion of agricultural land and rice fields in the last two to three years has become a priority of the Central Government with the issuance of legal products from presidential regulations to the relevant ministries, The determination of a map of paddy fields protected by the Ministry of Agrarian Affairs and Spatial Planning Head on December 16, 2021, is a positive thing for policy makers at the local government level and should be used as a basis for giving approval or rejection of requests for land conversion changes in the future. Regarding the discrepancy (overlapping) of protected paddy fields against the existing spatial plan (RTR).
Legal Responsibility for Corporations Against Environmental Damage Crimes Sueni, Annisa Sabilla; S., Eko
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.v8i1.12053

Abstract

The rise of the issue of environmental damage in various regions in Indonesia is a separate concern and problem for the relevant government to handle and overcome environmental issues, especially crimes committed by corporations. Where environmental damage is carried out by irresponsible corporations, and there is no re-treatment, so that nature in Indonesia is completely eroded and even becomes pollution and problems for the surrounding community. The method of writing this thesis uses a normative research method, namely legal research that puts the law as a building system for existing norms such as books, journals, and other references. Overall corporate responsibility for environmental crimes that exist in Indonesia, in terms of solving these problems, which is seen from the point of view of the laws and regulations governing it, both Law No. 03 of 2020 concerning Minerba, Law No. 32 of 2009 on the environment . In terms of minimizing corporate crime in the future, the author argues that it is mandatory to stipulate provisions regarding Residiv for the same perpetrators in terms of corporate crimes, the application of the principle of guilt in Islam (meaning who commits it is the one who must be responsible even though it is a legal entity), and commit Comparison with regulations regarding the environment and mining from other countries is assessed from the context of legal protection for victims (Compensation, Compensation, or Restitution).
Legal Protection for Mubaligh Muhammadiyah in Conveying Da'wah Through Social Media Perspective of Freedom of Opinion Zainuddin Zainuddin; Ismail Koto.
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.v8i1.12766

Abstract

This study aims to provide legal protection for Mubaligh Muhammadiyah who deliver Da'wah through social media from the perspective of freedom of opinion. In terms of conveying da'wah through social media, freedom of opinion is regulated under Act No. 19 of 2016 concerning Information and Electronic Transactions. and prevention efforts so that Muhaligh Muhammadiyah does not violate the law related to conveying da'wah from the perspective of freedom of opinion on social media. Legal protection and prevention efforts aim to convey da'wah quickly through social media and avoid violations of the law so that the da'wah of Amar Makruf Nahi Mungkar can be conveyed to the public. Norms, rules, and legal principles related to the purpose of this study, namely regarding legal protection for mubaligh Muhammadiyah in conveying da'wah through social media from the perspective of freedom of expression, will be a source of secondary data in this study, which has a type and is based on normative legal research, including primary legal materials, secondary, and tertiary, which will be collected, processed, and analyzed qualitatively with a statutory approach (statute approach). The intended normative study will be packaged in a scientific paper as the main output of this research in the form of articles that, God willing, will be published in the journal De Lega Lata: Journal of Legal Studies, indexed in Sinta 3 through OJS, http://jurnal.umsu.ac.id/index.php/delegalata/index in the publication period in accordance with the research schedule, and added with other outputs, namely the registration of intellectual.
Halal Tourism in The View of Maslahah Mursalah Wajdi, Farid; Lubis, Ummi Salamah; Lubis, Hamidah Azzahra
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.v8i1.12088

Abstract

Indonesia as a country with a majority Muslim population, takes advantage of great opportunities to further develop its potential in the halal tourism sector. Halal tourism began to develop because of the lifestyle needs of people who like to travel but still maintain sharia rules such as halal food and drinks, as well as sharia concept lodging. Islamic scholars agree that the main sources of Islamic law are the Qur'an and hadith. Other sources (theorems) such as ijma', qiyas, istihsan, mashlahah mursalah are still in dispute, both their existence and their intensity as legal arguments. For this reason, it will be seen how halal tourism is in Maslahah Mursalah's view. This research is a normative research with secondary data sources to be analyzed by descriptive analysis. In Maslahah Mursalah's view, a halal tourism concept can certainly provide the benefit of the world and the hereafter to humans. the concept of halal tourism is something that fulfills some of these principles, halal tourism can help humans to relieve fatigue because of activities that are the benefit of basic human needs, this is included in the Maslahah Dhorurriyah printip with the aim of maintaining religion, soul, mind, offspring and property . In addition, halal tourism in the form of mosques can also be managed so that tourist visitors can still worship while traveling with family

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