DE LEGA LATA: Jurnal Ilmu Hukum
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
Articles
287 Documents
<![CDATA[Implementation of Human Rights Principles on the Premeditated Murder: The Case of Banggai Islands ]]>
<![CDATA[Ismail Ismail]]>;
<![CDATA[Hamdan Hamdan]]>;
<![CDATA[Syachdin Syachdin]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i1.12110
<![CDATA[One of the tasks of the police in the law enforcement process is to investigate and investigate criminal acts. However, this series of police actions is very vulnerable to violations of human rights principles, not least in the case of premeditated murder that occurred in the Banggai Islands. This research is socio-juridical research with a descriptive-qualitative approach. The purpose of this research is to examine the implementation of human rights principles in uncovering premeditated murder by the Banggai Islands Police and to analyze the obstacles in applying human rights principles in investigations. Based on the results of the research, it can be seen that the application of human rights principles in uncovering premeditated murder by the Banggai Islands Police in the investigation has been carried out based on statutory regulations. However, the implementation of human rights principles has not been carried out optimally by police personnel, especially in the juridical rights of suspects. On the other hand, the obstacle to applying human rights principles in the investigation is the low legal awareness. It is recommended that severe intentions are needed to carry out good law enforcement, and it is necessary to improve the moral quality and resources of the Police apparatus]]>
<![CDATA[Fulfillment Of Women's Educational Rights According To Universal Declaration Of Human Right (UDHAM) And Islamic Law ]]>
<![CDATA[Astuti, Mirsa]]>;
<![CDATA[Nadirah, Ida]]>;
<![CDATA[Aksa, Muhammad Faris]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15111
<![CDATA[This research is to see the fulfillment of women's educational rights according to the Universal Declaration of Human Rights (UDHR) and Islamic law. The problem is what is the right to education for women according to the UDHR and how Islamic law views women's right to education. The method used to achieve the objectives of this research is normative legal research, namely research whose data is sourced from secondary data. The nature of this research is descriptive, which aims to provide an overview of women's rights to education. The research results show that education is the key to freedom which helps an individual to develop himself and then contribute to society. This concept has become an international consensus. In the context of human rights, education is a human right that must be respected, fulfilled and protected. In the UDHR it is known that every individual has the right to obtain education, at least basic education. When some people find it difficult to obtain the right to education which is their basic right, the party who is obliged to fulfill this right is none other than the state. Islam places women in a very noble position. Islam does not prohibit women from studying and teaching knowledge, in fact it is Islam that requires them to seek knowledge and gives them the freedom to provide teaching about the knowledge they have mastered. Islam does not deny the intelligence of women.]]>
<![CDATA[International Law Enforcement Against Immigrant Smuggling in Indonesian Waters ]]>
<![CDATA[Muhamad Furqon Juanda]]>;
<![CDATA[Amiludin Amiludin]]>;
<![CDATA[Dwi Nur Fauziah Ahmad]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.14702
<![CDATA[Indonesia, which is in the middle of the world, could become a place where transnational crime, in this case human smuggling, takes place. With this position, Indonesia could become a place where illegal immigrants or people who are being smuggled end up. A systematic literature review (SLR) will be used to gather data to figure out what the problems are in this study. Systematic Literature Review (SLR) is the process of finding, choosing, and critically evaluating research results to answer well-formed questions. One way to deal with the problem of people sneaking into Indonesian waters is through international law enforcement. Because international law enforcement can protect the human rights of people who are smuggling immigrants, it can also keep Indonesian waters safe and secure. Indonesia is working through domestic legislation to address the problem of people smuggling. The effort consists of two parts, namely, prevention efforts and repressive efforts. The Indonesian government should play a more active role in dealing with illegal immigrants through the Directorate General of Immigration and not just passively wait for UNHCR and IOM.]]>
<![CDATA[Actualization of criminal liability for personal data protection in the use of financial technology: a comparative study of Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 27 of 2022 concerning Protection of Personal Data ]]>
<![CDATA[Erwin Asmadi]]>;
<![CDATA[Adi Mansar]]>;
<![CDATA[Triono Eddy]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15252
<![CDATA[Unlike Law Number 27 of 2022 Concerning Personal Data Protection, the ITE Law does not stipulate criminal penalties for people who distribute personal data without the consent of the owner of the personal data. Misuse of personal data is an act that fulfills the elements of a criminal act such as the elements of the crime of theft and elements of the crime of fraud and other crimes both in terms of objective elements and subjective elements. With the fulfillment of these elements, administrative sanctions, civil sanctions and criminal sanctions are not sufficient to accommodate the criminal act of misusing personal data which is actually a perfect form of crime. Article 67 of Law Number 27 of 2022 Concerning Personal Data Protection outlines criminal threats for violating what has been regulated in Article 65. Meanwhile, the ITE Law does not regulate criminal responsibility for people who disseminate personal data, unless it is followed by a violation of decency. , gambling, insulting or defaming as well as extortion and threats]]>
<![CDATA[Justice In Efforts To Improve Employment Welfare ]]>
<![CDATA[Rachmad Abduh]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15112
<![CDATA[Paradigm of development in the field of human activity should be revised, which previously thought of seeing workers as a source of production or part of goods, should be changed into workers who are full Indonesians or as subjects/tools of the development process. with their dignity. This paradigm shift has the effect of guiding and determining the legal politics of public policy in the field of human activity through changes in composite solutions by seeing workers as subjects and minds that require all aspects of the whole. The crime is often seen by the employee who receives it from the employer, so the employer does not get the benefit. There is a difference between employees and non-employees. The current law is not able to improve the standard of living according to the wishes of the workers. This is because many judges are professionals. The current law is not able to improve the standard of living according to the wishes of the workers. This is because many judges are professionals]]>
<![CDATA[LOCAL GOVERNMENT POSITION IN EQUITY PARTICIPATION TO BUMD, BUMN AND THIRD PARTIES ]]>
<![CDATA[Nurasiah Harahap]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.14985
<![CDATA[The state in carrying out government administration activities is carried out through government institutions or is usually categorized as a public legal entity. Based on the statutory regulations, it is stated that any capital participation or additional capital participation to regional companies must be regulated in a separate regional regulation regarding participation or additional capital. Regional Government equity participation can be implemented if the amount to be included in the relevant budget year has been stipulated in a Regional Regulation. In Article 1654 of the Civil Code which reads "All legally established legal entities, as well as private persons, have the power to carry out civil acts, without prejudice to laws that change that power, limit it or subject it to certain procedures. The position of the government as a legal entity is not strictly regulated in the Civil Code. Knowledge about the Government as a legal entity is only obtained from secondary legal materials that explain the Civil Code. Regional Governments can carry out equity participation in state-owned enterprises and/or can be transferred to state-owned enterprises (BUMD). Equity participation is carried out in accordance with the provisions of laws and regulations. Regional capital participation is determined by regional regulation.]]>
<![CDATA[Legal Protection Of Surgical Doctors That Does The Operation In Palembang Charitas Group Hospital ]]>
<![CDATA[Febrero Andro Dwi Fauzan]]>;
<![CDATA[Helwan Kasra]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15253
<![CDATA[The formulation of the problem in this study is 1) What is the legal protection for surgeons in carrying out operations that result in patients dying at Charitas Group Hospital Palembang? and 2) What are the factors that influence the legal protection of surgeons in carrying out operations that result in the patient's death at Charitas Group Hospital Palembang?. The research method used is normative and empirical juridical research. Sources of data used in this study consist of primary data and secondary data. Based on the results of the study, it shows that 1) Legal protection for surgeons who carry out operations at the Charitas Group Hospital in Palembang is carried out in a preventive and repressive manner because until now doctors in the city of Palembang have received fairly good legal protection, even though doctors on duty also often receive complaints from the patient or the patient's family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. . 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2) s family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2) s family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2)Factors that affect legal protection for surgeons in carrying out operations include SOP violations, clinical pathway incompatibility, informed consent and medical ethics in serving patients]]>
<![CDATA[Legal Guarantees For Fishermen's Work Risks ]]>
<![CDATA[Faisal Riza]]>;
<![CDATA[Ramlan Ramlan]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15113
<![CDATA[The insurance program for fishermen must be continued and developed to guarantee the future life of fishermen's families. Currently the government has provided insurance policies to fishermen from Sabang to Merauke. Fishermen's Insurance Premium Assistance is considered very important, to guarantee fishermen who die and disappear on the high seas while working. Fishermen need to be guaranteed protection for their lives and work accidents they experience, the impact of that is that fishermen's families and even fishermen themselves have the confidence to carry out their activities at sea. The form of government attention in carrying out an effort aimed at protecting fishermen and their families through the provision of the Insurance Premium Assistance Program for Fishermen (BPAN). Law of the Republic of Indonesia Number 07 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers has regulated the provision of protection for work risks experienced by fishermen through the provision of insurance. Providing insurance through the Insurance Premium Assistance Program for Fishermen (BPAN) is a program to guarantee better fishermen's activities in the fishing business, so that the rights and obligations of fishermen become clear and will be protected in their fishing business activities. However, the fishermen's insurance premium assistance program is still not running effectively, many fishermen do not know about it and the implementation of socialization has not been evenly distributed. As a result, fishermen do not know how to be registered as beneficiaries of fishermen's insurance benefits, how much they actually have to get and how to get it (claims) if they experience risks in working as fishermen ]]>
<![CDATA[Legal Responsibility for Mystery Box Sale and Purchase Transactions in E-Commerce ]]>
<![CDATA[Marcella, Grace]]>;
<![CDATA[Dirkareshza, Rianda]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15015
<![CDATA[Mystery box is a product whose sales concept does not explain clearly and completely the information on the goods being traded. The purpose of this study is to find out how the validity and legal accountability of mystery box buying and selling transactions in e-commerce. The research method used in this study is to use normative legal research methods, considering the object/focus of this research study is a product of statutory regulations. The results of the study show that related to mystery box buying and selling transactions, business actors in carrying out these activities do not carry out the principle of good faith so that they are not in accordance with Article 45 paragraph 2 of Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. In the event that the consumer is not provided with complete and clear information regarding the mystery box product purchased by the consumer, it is not in accordance with Article 4 of the PK Law, Article 7 of the PK Law, Article 8 of the PK Law, Article 18 of the PK Law, Article 48 and Article 50 paragraph (1 ) Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions, for violations of Article 8 of the PK Law according to Article 62 paragraph (1) of the PK Law, can be subject to imprisonment and fines. ]]>
<![CDATA[Doctor Civil Responsibility In Medical Negligence Atrelated Medical Surgeryagreementactionmedical (Informed Consent) ]]>
<![CDATA[Hendri Farozah]]>;
<![CDATA[Arief Wisnu Wardhana]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v8i2.15254
<![CDATA[The existence of informed consent is very important for the party making the health service agreement, so that it can be seen that the existence of informed consent is very important and necessary when sick. The formulation of the problems in this study are 1) What is the civil responsibility of doctors in medical negligence in medical operations related to informed consent? 2) What is the position of awareness of medical action (Informed Consent) regarding the civil responsibility of doctors in medical negligence in medical operations? The research method used is normative juridical research. The data sources used in this study consist of secondary data. Based on the results of the study, it shows that 1) Position of Medical Action Agreement (Informed Consent) to the civil obligations of doctors in medical recognition of medical operations, namely as a means of self-defense against the possibility of claims or lawsuits from patients or their families if one day unwanted consequences arise so as to provide a sense of security in carrying out medical treatment of patients..; 2) Civil Liability of Doctors in Medical Negligence in Medical Operations Related to Medical Action Agreement (Informed Consent) by compensating for material losses in the form of compensation for expenses that have been made by patients to pay all hospital costs and other treatment expenses as well . loss for not being able to work. Meanwhile, non-material losses due to feelings of illness, anxiety, depression and so on, by fulfilling the elements of default, the patient can hold the doctor responsible for what he has suffered. Patients can file a lawsuit against the doctor to the District Court where there is a dispute. Because the doctor's actions are contrary to the principles of decency, prudence and prudence are expected of him which is based on law on default regulated in article 1239 of the Civil Code and failure regulated in article 1366 of the Civil Code and unlawful acts regulated in article 1365 of the Civil Code]]>
