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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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Dynamics And Enforcement Of Election Legal Issues In Lampung Province Santoso, Rudi; Maimun, Maimun
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18060

Abstract

This research is to reveal the dynamics and problems of holding elections in 2019. Because, in the simultaneous elections there were many violations and solutions need to be found for the sake of better future elections. The research uses library and field methods. The data was obtained from books, statutory regulations and scientific articles. Meanwhile, field research was obtained from the general Election Supervisory Agency (Bawaslu), Lampung Province. This research concludes that the 2019 election has various dynamics and problems. In terms of violations, there are administrative violations to election crimes. Meanwhile, the problems faced are the difficulty of coordinating with the Integrated Law Enforcement (Gakumdu) Center, lack of human resources and minimal budget as well as inadequate facilities and infrastructure. Solutions to these problems must be found in order to hold future elections better than before
Legal Policy On Fulfilling The Right To Clean Water For Indonesian Citizens Razikin, Razikin
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.v9i2.21121

Abstract

Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that the state controls the rights to water resources with the sole purpose of the prosperity of the people. The meaning of Article 33 paragraph (3) philosophically is the embodiment of the 5th Principle of Pancasila, namely Justice for All Indonesian People, where water as one of the national riches is a need of the people which is controlled by the state within the framework of providing justice and prosperity for all Indonesian people. The general regulation of water fulfillment has been explained in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which provides a guarantee from the state for the people's right to water, including in this context the right to clean water. This concept is then further explained in Article 6 of Law Number 17 of 2019 concerning Water Resources. However, the SDA Law provides a loophole for water management, no longer solely for the public interest but shifting to private and even commercial interests. Article 8 of the SDA Law as amended by Article 53 of Law Number 11 of 2020 concerning Job Creation regulates the state's priorities for the people's right to water, namely: (a). daily basic needs; (b). people's agriculture and (c). use of Water Resources for business needs to meet daily basic needs through the Drinking Water Supply System. As a result, based on BPS data, 33.4 million Indonesians lack clean water and 99.7 million people lack access to good sanitation facilities. Legal policies on the fulfillment of clean water for Indonesian citizens must be carried out immediately as an anticipation of a medium crisis in 2025, the results of research by the National Water Resources Council. Because if there is no concrete legal policy, such as budget policy, institutional arrangements and changing existing legal products with the concept of the State controlling the rights to water resources with the sole intention of the people's prosperity, otherwise in 2040 Indonesia will be one of the countries experiencing a long water crisis, if that happens then death, poverty and hunger will become a serious problem for the Indonesian nation
Legal Responsibility of Travel Services for Consumer Losses Nainggolan, Ibrahim; Rahimah, Rahimah
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.v9i2.19770

Abstract

Organizing travel between the travel agency and its consumers, namely service users, has a legal relationship that creates responsibilities, rights and obligations between the parties. This human relationship in Islam is known as muamalah. One thing that people often do is an agreement. In Arabic, an agreement is 'uquud' which means a (recorded) contract agreement. Legal consequences will arise if business actors do not carry out their obligations properly and consumers will complain if the results received are not in accordance with the agreement at the time of the sale and purchase transaction that was carried out. In a contract or agreement, if the business actor can fulfill his obligations well then the business actor has made an achievement, but if the business actor has been negligent and cannot fulfill his obligations well then a default will arise. Apart from that, business actors or in this case travel agencies can also be subject to criminal penalties, Article 61 UUPK "criminal prosecution can be carried out against business actors and their management". It is also stated in Article 62 "Paragraph (1) Business actors who violate the provisions as intended in Article 8, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a, letter b, letter c, letter e, paragraph (2) and Article 18 shall be punished with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). Paragraph (2) Business actors who violate the provisions as intended in Article 11, Article 12, Article 13 paragraph (1), Article 14, Article 16, and Article 17 paragraph (1) letters d and letter f shall be sentenced to imprisonment for a maximum of 2 (two) ) years or a maximum fine of IDR 500,000,000.00 (five hundred million rupiah)
The Procedure of Turning A Life Sentence To A Temporary Sentence At The Penitentiary Class 1 Tangerang Amiludin, Amiludin; Sary Ayu, Fitri Nur; Umara, Undang Prasetya; Razif, Imran Bukhari
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18150

Abstract

This study discusses the process of implementing conversion of a life sentence imprisonment to temporary imprisonment at Correctional Institution Class I Tangerang. This research aims to provide an understanding of the procedure of sentence. And identify the obstacles faced in the process implementation. The research method used is normative-empirical law with a qualitative approach.  The primary data was sourced from interviews with inmates serving life sentences in the Correctional Institution Class 1 Tangerang and from the perusal of documents concerning the regulations and policies on sentence conversion. The result showed that the sentence conversion involves several stages of administration and assessment which are handled by a number of offices involving various Technical Implementation Units, from the Tangerang Class I Correctional Institution, the Regional Office of the Ministry of Law and Human Rights, and the Directorate General of Corrections.  However, the final decision regarding a sentence conversion is in the hands of the President. Some of the faced by prisoners in applying for sentence conversion include a lack of knowledge about the application process, a breach of prison regulations within 5 years preceding the application and the inability to find a guarantor needed for Correctional Assessment. In order to overcome these obstacles, it is suggested to encourage socialization, to support education of inmates about the application process, to provide clear and easily accessible information and to evaluate and simplify the administrative process. Thus, inmates will have a better opportunity to obtain chances for a sentence conversion.
Alleged Predatory Pricing through Flash Sale Practices on the Tiktok Shop Application Narusweta, Arasyel Noor Vinki; Setiawati, Diana
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18056

Abstract

Technological advances have a major impact on the economic sector in this digital era, one of which is the use of digital media for business activities through e-commerce. Initially the TikTok application was a social media application, over time Tiktok developed to present innovative buying and selling activities through Tiktok Shop. The features provided by Tiktok Shop often offer massive promotions in a limited time or what is also known as a flash sale. But unfortunately, the innovation of the flash sale program presented at Tiktok Shop raises issues related to business competition such as the alleged predatory pricing listed in article 20 of Law No. 5 of 1999 (Anti-Monopoly Law) in the Tiktok Shop application. The purpose of this study is to show that it is true that there are allegations of predatory pricing carried out by flash sale practices by business actors in the Tiktok shop and how the role of the KPPU steps in responding to allegations of predatory pricing.The research method used is normative law, using a statutory approach and a legal concept approach, to analyze a legal issue based on primary, secondary and tertiary law. The results of this study indicate that, the practice of flash sales on the Tiktok Shop application automatically cannot be categorized as predatory pricing which can cause monopolistic practices or unfair business competition. This is because the practice of flash sales on Tiktok shop does not fulfill the elements and conditions of predatory pricing in accordance with Law No.5 of 1999. Furthermore, related to this phenomenon, KPPU has not been able to state the truth of predatory pricing that occurred in the Tiktok Shop application due to the absence of incoming reports, KPPU also makes preventive efforts in preventing unfair business competition practices
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 Protection of Consumers Who Experience Skin Damage Due to the Use of Illegal Skin Whitening Products Based on Law No. 8 of 1999 concerning Consumer Protection Sitorus, Cintya Theresia A. M.
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18062

Abstract

The existence of a beauty standard stigma that regards beauty as a condition where women have fair skin has developed into a serious issue. This stigma has emerged as a result of mass media construction and the rapid spread of foreign cultures in Indonesia. For decades, women from various parts of the world have been influenced by this stigma, leading to the emergence of an unhealthy obsession among women to possess or alter their skin color to be fair. This phenomenon is not exclusive to Indonesian women. These conditions have been exploited by entrepreneurs in the beauty and health product industry to create various types of illegal skin-whitening products. These products are manufactured and introduced to the public through advertisements with bold and misleading claims. Some of these products even claim to achieve skin whitening in a very short and safe period, despite lacking official registration numbers from the Food and Drug Monitoring Agency (BPOM), and some of them even involve falsified BPOM registration numbers. The use of these illegal skin-whitening products has caused various consumers to experience skin damage, with some cases even resulting in permanent harm. This research aims to examine the legal protection for consumers who experience skin damage due to the use of misleadingly advertised illegal skin-whitening products. Additionally, the study explores the responsibilities that should be upheld by businesses that manufacture and market these products that have detrimental effects on consumers. This research adopts an empirical legal research approach, which investigates the direct application of the law on society, legal institutions, and other relevant entities. The study is characterized as analytical-descriptive and presents a systematic analysis of facts related to legal protection for consumers facing skin damage due to the use of misleadingly advertised illegal skin-whitening products
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. 
Legal Implications For Victims Of Telegram Fraud In The Jurisdiction Of The South Sumatra Polda Marlin, Marlin; Mahfuz, Abdul Latif
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 1 (2024): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i1.18514

Abstract

Digital fraud is the most common cybercrime and is a global problem. Cases of fraud committed by online media using Telegram accounts are increasing from year to year. The problem in this investigation is the legal implications for victims of criminal acts of wire fraud in the jurisdiction of the South Sumatra Regional Police. The research method used is a standard legal research method that uses secondary data resulting from library research. A study of the legal implications for legal protection for victims of wire fraud in the jurisdiction of the South Sumatra Regional Police shows that although the victims' rights have been fulfilled, the victims have not received complete justice. Victims are in a vulnerable position in providing legal protection by reporting a criminal incident, explaining who the perpetrator of the crime is, and/or providing evidence, both physical and non-evidence. Physical suffering and material and non-physical losses - material losses for law enforcement officers

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