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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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Medical Dispute Resolution Based on RME Data Through Restorative Justice Bharata, Yoseph; Zamroni, Mohammad; Pramono, Budi
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.v9i1.18057

Abstract

This research aims to analyze the benefits of Medical Record Encryption (MRE) data in legal safeguards for physicians and patients, while also investigating the trajectory of medical dispute resolution through the lens of Restorative Justice, employing the utilization of MRE data. Framed within the contextual backdrop, this study responds to the imperative for further exploration into the pivotal role of MRE data in resolving cases of medical malpractice, with the overarching objective of contributing to the advancement of equitable and forward-looking strategies in medical dispute resolution. Employing a normative juridical research approach, this study discerns the significance of MRE data security and its implications in the legal responsibilities’ incumbent upon MRE custodians. Additionally, this study posits that the Restorative Justice approach, coupled with MRE data, can manifest as an efficacious methodology in comprehending, preempting, and fortifying the dynamics of medical disputes, thereby fostering the rapport between healthcare practitioners and patients. Consequently, the integration of MRE data in medical dispute resolution via the Restorative Justice paradigm has the potential to heighten legal protection, reinforce medical integrity, and enhance the overall efficiency of the healthcare system
Implementation Of West Kalimantan Regional Police Policy In Effectiving Forest And Land Fire Law Enforcement Efforts Hidayat, Fanni Athar; Kurniawan, Teguh
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.v9i2.20513

Abstract

Cases of forest and land fires are an environmental problem tha never ends every year. The number of forest and land fires in Indonesia is a special concern for law enforcers to continue collaborating in creating synergistic handling policies between each law enforcement agency to resolve and prevent forest fire cases especially in the West Kalimantan region. The West Kalimantan Regiononal Police, based on Circulatar Letter Number SE/15/XI/2016, is makin every effort to deploy police personnel to assist in handling and enforcing the law on forest fire cases in The West Kalimantan Jurisdiction. This is because the still alive and developing culture of burning areas of land by customary law commnities means there is a need for law enforcement, in accordance with standards and operations so that forest and land fires can be minimized. And it is necessary to use the implementation of Georgre Edward III’s Theory which prioritizes aspects of communication, completeness of natural resources, disposition, and reffering to SOPs to enforce cases of forest and land fires in West Kalimantan
Criminal Responsibility Against People Of The Crime Of Matters Is Reviewed From Article 170 Of The Criminal Law Book Firmansyah, Rahman; G, Deny; A, Muhammad; Rahadian, Rian
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.v9i2.19709

Abstract

This study examines criminal liability and judges' considerations for perpetrators of demolition based on Article 170 of the Criminal Code (KUHP), with a focus on the analysis of Decision Number 15/Pid.B/2022/PN.Kwg. Demolition is an act of violence that involves two or more people together against one or more victims, with the potential to cause serious physical injury or even death. This study aims to uncover how Criminal Liability Against Perpetrators of Demolition is Reviewed from Article 170 of the Criminal Code (Study of Decision Number: 15/Pid.B/2022/PN.Kwg) and Judge's Considerations in Deciding Cases of the Crime of Murder in Decision Number: 15/Pid.B/2022/PN.Kwg. The research method used is document analysis, by using court decision documents to examine legal considerations,  the evidence submitted, as well as other factors that affect the criminal decision-making process. The results of this study consider key aspects such as the evidence needed to prove the guilt of the perpetrators of the demolition committed by members of CSOs, as well as the influence of the number of perpetrators in the demolition, and the role of each perpetrator in the incident. This study highlights that criminal liability for perpetrators of demolition committed by members of CSOs is greatly influenced by the evidence presented at the trial, including the chronology of events, motives, and contributions of each perpetrator to the violence that occurred. The court also considers mitigating factors such as the losses incurred by the victim and the attitude of the perpetrator after the incident. The implication of this study is to deepen the understanding of the application of Article 170 of the Criminal Code in cases of rape, as well as its relevance in the context of modern criminal law. These findings make an important contribution to legal practitioners, academics, and law enforcement in understanding how the criminal justice system handles violent crimes committed together, with the hope of improving justice and the effectiveness of law enforcement in Indonesia
Providing Legal Protection for Consumers Against Standard Clauses/One-sided Agreements Made by Business Actors Perdana, Surya; Koto, Ismail
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.v9i1.18064

Abstract

Standard clauses are usually made by parties in a stronger position, which in reality can be held by business actors. The contents of standard clauses often harm the party receiving the standard clause, namely the consumer, because they are made unilaterally. If consumers reject the standard clause, they will not get the goods or services they need, because they will find similar standard clauses elsewhere. Article 1 number 1 UUPK states that, "Consumer protection is all efforts that guarantee legal certainty to provide protection to consumers." Apart from that, regulations regarding consumer dispute resolution as a form of legal protection for consumers are reflected in Article 52, the institution given the authority to carry out supervision is the Consumer Dispute Resolution Agency. Business actors are prohibited from including standard clauses whose position or form is difficult to see or cannot be read clearly, or whose expression is difficult to understand. Business actors are obliged to adjust standard clauses that conflict with Law Number 8 of 1999 concerning Consumer Protection. Standard agreements provide many advantages in their use, but from the various advantages that exist there is another side to the use and development of standard agreements which has received a lot of critical attention from legal experts, namely the weakness in accommodating a balanced position for the parties
Strategy for Increasing Legal Awareness Village Achievements Through Involvement of the Role of the Driving Team Empowering Village Family Welfare Aman Serah, Yenny; Setiawati, Rini; Sirait, Resmaya Agnesia Mutiara
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.v9i1.17426

Abstract

The aim to be achieved in this research is to realize the achievement of a Legal Awareness Village by increasing the role of Family Welfare Empowerment (PKK) at the Village Level. The PKK, which recruits members down to the lower levels of society is expected to be able to bring about prosperous family conditions, namely families that can fulfill basic human needs both materially, socially, mentally, and spiritually, as well as empowered families, namely families that live prosperously, progressively and independently, including families who are obedient and adhere to the rules of law, so that fulfillment of the Legal Awareness Village achievement indicators can be achieved through the strategic role of the PKK Movement in the village. This research is socio-legal research with a qualitative approach. The data used in this research are secondary (literature, documents, laws, and regulations) and primary data (interviews, questionnaires, and focused discussions) with the focus of the research carried out in ArangLimbung Village, Sei Raya District, Kubu Raya Regency. The research results show the urgency of forming a Village PKK level group which can be a forum for achieving the fulfillment of the Law Awareness Village indicators.
Legal Recognition Of Online Arbitration In Indonesia Related With China International Economic And Trade Arbitration Commission Online Arbitration Rules (Cietac Oar) Dewanto, Jagad Putra; Amalia, Prita; Budhijanto, Danrivanto
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.v9i2.20092

Abstract

The development of electronic commerce has opened up the possibility of disputes among cross-border traders. Online Dispute Resolution (ODR) is one emerging form of dispute resolution adopted by China through the China International Economic and Trade Arbitration Commission (CIETAC). While Indonesia has regulations such as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and BANI Rules 2022 governing the electronic correspondence process of dispute resolution, ODR is not explicitly addressed. This research examines the legal recognition of ODR in Indonesia and explores the urgency of establishing ODR institutions with reference to CIETAC. The research findings indicate that Indonesia has not explicitly recognized ODR, signifying the urgent need to establish ODR platforms and revise arbitration regulations and dispute resolution in Indonesia. China's experience in recognizing ODR through the establishment of platforms and regulatory updates in its arbitration regime can serve as guidance for Indonesia in the future
Disclosure Of Criminal Acts Of Fraud Using Social Engineering Mode Committed By Subdit V Cyber Directorate of Special Criminal Investigation South Sumatera Regional Police Fitriyanti, Fitriyanti; Yusuf, Hambali
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.v9i1.18516

Abstract

In the current era of globalization, technological progress is progressing very rapidly. We can find out information about events in other parts of the world just by accessing news via the Internet. The research method used is an empirical juridical method. What the author studied was the obstacles faced by Sub-Directorate V Cyber Ditres Crimsus Polda South Sumatra in uncovering criminal acts of fraud using social engineering. Results: From the explanation above, it is clear that crime is influenced by the social conditions of society, which can indirectly cause or encourage crime.
Non-Litigation Dispute Resolution Based on Labor Law in Indonesia Hanifah, Ida
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.v9i1.18058

Abstract

Law Number 2 of 2004 concerning the resolution of Industrial Relations issues, among other things, determines the resolution of industrial relations disputes, through litigation and non-litigation channels, which regulates the mechanism for resolving disputes through litigation, which consists of procedures for lawsuits in the Industrial Relations Court at the Court. State and appeal to the Supreme Court of the Republic of Indonesia. The procedure used to collect data in this research is documentation, namely the guidelines used in the form of notes or quotations, searches for legal literature, books and other things related to the identification of problems in this research both offline and online. Analysis of legal materials is carried out using a content analysis method (centent analysis method) which is carried out by explaining the material on legal events or legal products in detail to facilitate interpretation in the discussion. Law Number 13 of 2003 concerning Employment and Law Number 2 of 2004 concerning solving Industrial Relations problems are the basis for resolving disputes between workers and employers. The collective agreement must be registered by the parties making the agreement in the Industrial Relations court at the District Court in the area where the parties entered into the collective agreement. If within 30 working days one of the parties refuses to negotiate or negotiations have been carried out but no agreement has been reached, bipartite negotiations deemed to have failed. If bipartite negotiation efforts fail, one or both parties will register their dispute with the agency responsible for the local employment sector by attaching evidence that bipartite efforts have been made. If such evidence is not attached, the agency responsible for the field of local labor force must return the files to be completed no later than within (seven) working days from the date of return of the files and every bipartite negotiation must be made into minutes signed by the parties
Criteria For Limiting Perpetrators And Victims In Pornography Crime Danardono, Danardono; Agustanti, Rosalia Dika
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 1 (2025): Januari-Juni
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i1.22694

Abstract

The development of information and communication technology has had a positive impact on people's lives, but over time the forms of criminal acts have become increasingly diverse, from traditional to modern, one of which is the Crime of Pornography. The problem is how the factors influence the crime of pornography and what are the criteria for perpetrators and victims in the crime of pornography. This study uses a normative legal method with a statutory and conceptual approach. The result is that there are criteria for limiting perpetrators and victims in the crime of pornography, which can be said to be a perpetrator if everyone has been proven to produce, make, reproduce, duplicate, distribute, broadcast, import, export, offer, trade, rent and distribute pornography as regulated in the Pornography Law. Furthermore, it can be said to be a victim if someone becomes the object of a crime of Pornography, in addition, the victim is a person who experiences physical, mental, and/or economic suffering caused by a crime. A victim can also be said to be a perpetrator if he gives consent to the occurrence of a crime of pornography related to him. Therefore, there needs to be an update, especially in the Pornography Law which regulates the criteria for limiting perpetrators and victims, such as a victim can become a perpetrator if he/she agrees to commit a pornographic crime in addition to the perpetrator committing the crime as in Article 4 paragraph (1) of the Pornography Law. Thus, there needs to be a change in the Pornography Law to emphasize the role and limitations of perpetrators and victims so that this can provide legal certainty and benefits to perpetrators and victims of pornographic crimes
Implementation of Court Decisions Regarding the Payment of Mut'ah, Iddah, And Madhiyah Bintoro, Septian Cahyo; Tahir, Palmawati; Dwisvimiar, Inge
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.v9i2.22365

Abstract

The National Law on Marriage and Compilation of Islamic Law (KHI) has made significant improvements to the implementation of Religious Court judgments on Mut'ah, Iddah, and Madhiyah . This study analyzes legal certainty on the implementation of the Religious Court's decision on these three issues in the Serang and Magelang religious court decisions 0076/Pdt.G/2017/PA.Mgl and legal settlements between the parties regarding maintenance. The research technique is empirical normative legal research on laws and regulations connected to the Serang religious court decision 1570/Pdt.G/2020/PA.Srg and the Magelang religious court decision 0076/Pdt.G/2017/PA.Mgl. Secondary data from court decisions and interviews, scientific journals, and internet media are used in the research data source. The analysis shows that decisions 1570/Pdt.G/2020/PA.Srg and 0076/Pdt.G/2017/PA.Mgl fulfilled the legal certainty requirement of Law Number 16 of 2019 on legal obligations. of Mut' ah, iddah, and madhiyah. However, in completing the implementation of the decision number 1570/Pdt.G/2020/PA.Srg it has not been carried out in its entirety in relation to the payment of living expenses that must be made by the respondent. Alternatives to this are mediation, negotiation, or going through court

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