cover
Contact Name
Rahmat Ramadhani
Contact Email
delegalata@umsu.ac.id
Phone
+6285361231979
Journal Mail Official
rahmatramadhani@umsu.ac.id
Editorial Address
Faculty of Law, University of Muhammadiyah Sumatera Utara Jl. Kapten Mukhtar Basri No. 3 Medan, Kode Pos 20238
Location
Kota medan,
Sumatera utara
INDONESIA
DE LEGA LATA: Jurnal Ilmu Hukum
ISSN : 2477653X     EISSN : 24777889     DOI : 10.30596/dll.
Core Subject : Social,
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
Implementation Of The Ultimum Remedium Principle In Resolving Unsuccessful Medical Disputes With Mediation Susanti, Yulia; Zurnetti, Aria
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.v10i1.22497

Abstract

Medical malpractice is an increasingly frequent issue in Indonesia. Medical malpractice can develop into a medical dispute when there is dissatisfaction or loss felt by the patient or his or her family due to alleged medical negligence or communication failures in health services. Medical dispute resolution can be done through non-litigation channels or litigation channels. The non-litigation route that is often used in resolving medical disputes is the mediation route. This study aims to analyze the application of the ultimum remedium principle in resolving medical disputes that fail to be resolved through mediation. The method used is a normative legal approach with secondary legal data analysis. The discussion shows that mediation, as an alternative form of dispute resolution, offers excess efficiency, confidentiality, and maintenance of relationships, but often fails due to weak understanding, regulation, or good faith of the parties. The litigation route is the last option in resolving medical disputes due to the factors of long time, cost, and risk of overcriminalization of medical personnel. Therefore, the application of the principle of ultimum remedium which places criminal law as a last resort, prioritizes non-litigation channels such as mediation, in order to maintain a balance in the protection of patient rights and prevent the criminalization of medical personnel. Implementation of these principles requires broad education, clear regulatory support, and cross-stakeholder collaboration to improve the fairness and effectiveness of medical dispute resolution
Collaboration Between The State And Nii Crisis Center In Containing Religious Extremism And Terrorism In Indonesia Hariyanto, Hariyanto; Zayyadi, Ahmad; Hariz, Hajar Salamah Salsabila
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.v10i1.22433

Abstract

The article in front of the reader is the result of research related to the role of the State and the Indonesian Islamic State Crisis Center or abbreviated as the NII Crisis Center in efforts to overcome religious extremism and terrorism in Indonesia. Through religious moderation is also a good way in efforts to overcome religious radicalism and terrorism in Indonesia. The diversity of ethnicity, race, religion and culture is a characteristic of the heterogeneous Indonesian nation. This diversity is an integrating force to bind society in the framework of the united ummatan. However, lately the problem of radicalism and extremism in Indonesia is still rampant and even almost difficult to contain if not supported by a support system in efforts to overcome it, both in government circles or elements of society. As in the incident in the Garut area of West Java, there has been an oath of allegiance to dozens of children carried out by the radical NII group. Even after being investigated, there were as many as 59 teenagers who had been exposed to the radical ideology of the NII. The issue of religious extremist movements in Indonesia has begun to emerge again, such as the recruitment process of the Indonesian Islamic State (NII) organization carried out through religious studies under the pretext of religion, so that the role of the state and Islamic mass organizations is greatly needed. The method used in this article is to use the rule theory related to the role of the state and the NII Crisis Center in efforts to overcome radicalism, extremism, and terrorism in Indonesia
Adjustment/Equalizing Seizure As A Solution To The Filing Of Security Seizure On Objects Encumbered With Mortgage Rights Zain, Muhammad Abyan; Rizkianti, Wardani
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.v10i1.22498

Abstract

The creditor holding a mortgage has a prioritized position as stated in Law No. 4 of 1996 about Mortgage Rights on Land and Objects Related to Land. Issues may arise when the court grants a request for a security seizure on an object currently encumbered with a mortgage, as this could lead to overlapping rights over the same immovable property. Normative legal research is the method employed in this study, utilizing a statutory and case-based approach. The findings indicate that seizure cannot be applied to land rights encumbered with a mortgage; instead, only Adjustment/Equality Seizure can be imposed. Although a security seizure was initially requested on the mortgaged object, the court may automatically grant the request as an Adjustment/Equality Seizure. The creditor holding the mortgage retains a superior position compared to the holder of the Adjustment/Equality Seizure
Consumer Legal Protection for Overclaimed Skincare Products Awalin, Hanif Fil’; Hutabarat, Sylvana Murni Deborah
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.v10i1.22493

Abstract

This research focuses on the legal protection of consumers who are harmed by the practice of overclaims on skincare products. The rapidly growing skincare industry in Indonesia raises new problems, namely promotions that contain excessive claims, thus misleading consumers. This has a negative impact on public trust and poses a health risk. The research uses a juridical-normative method with a statutory approach, examining regulations such as the Consumer Protection Law No. 8 of 1999 and BPOM Regulation No. 12 of 2023. The analysis was conducted to understand the role of BPOM in supervision and to identify regulatory challenges in overcoming overclaim practices. This research aims to provide recommendations to regulators, producers, and consumers to create a transparent and safe skincare market
FACTORS INFLUENCING LAW ENFORCEMENT AGAINST ILLEGAL SAND MINING ACTIVITIES (C EXCAVATION) CARRIED OUT BY VILLAGE HEADS IN KIKIM DISTRICT, LAHAT DISTRICT Kirana, Chandra; Suharyono, Suharyono
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.v10i1.22591

Abstract

The Indonesian state is based on the 1945 Constitution of the Republic of Indonesia which emphasizes that the Indonesian state is not only based on power (power state) but also based on law (rule of law). Indonesia is a country with natural resources in the form of coal and minerals. However, the activities carried out by the community sometimes violate the law because mining is carried out without permits or illegal mining. The research method used is empirical juridical. The formulation of the problem studied and analyzed is the factors that influence law enforcement against illegal sand mining activities (excavating c) carried out by village heads in the Kikim district, Lahat district. The result is the legal factor itself. There is no legal umbrella that gives permanent legal power to the police to control illegal mining practices. Second, the Law Enforcement Factor, namely the lack of socialization of law enforcement, is a factor causing the rise in illegal sand mining crimes. Weak supervision and law enforcement give the impression of giving freedom and not deterring illegal sand mining perpetrators
Review Of The Intellectual Property Directorate General's Responsibility Regarding The Cancellation Of Well-Known Trademark Registration In The Same Class Of Goods Laffaiza, Nasywa; Kansil, Christine S.T
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.v10i1.22274

Abstract

The responsibility of the Directorate General of Intellectual Property (DJKI) in canceling the registration of famous trademarks in the same class of goods is an important issue in the protection of intellectual property rights in Indonesia. This study aims to analyze the authority of the Directorate General of Intellectual Property (DGIP) in canceling the registration of well-known trademarks that are deemed to harm the owners of well-known trademarks, especially when the newly registered trademark is in the same class of goods. This review examines the responsibilities and authorities of DJKI based on regulations governing trademark cancellation, such as Law No. 20 of 2016 on Trademarks and Geographical Indications, as well as decisions issued by DJKI related to trademark cancellation. This research also discusses the factors that influence DJKI's decisions in assessing whether a brand can be considered famous and whether the registration of a new brand can pose a risk of confusion in the market. The analysis results show that DJKI has a significant responsibility in maintaining the integrity of the trademark registration system and protecting the rights of famous trademark owners. This research provides recommendations on the importance of stricter supervision and law enforcement to ensure that famous brands are optimally protected from misuse and intellectual property rights violations in Indonesia
Patient Legal Protection in the Digital Era and Study of Telemedicine Services in Indonesia Dalimunthe, Wirandi; Ismaidar, Ismaidar; Simarmata, Marice
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.v10i1.22494

Abstract

The development of digital technology has brought significant transformations in the health sector, including in the implementation of telemedicine. Telemedicine allows interaction between doctors and patients through electronic media, which offers convenience in health services, especially in remote areas. However, the practice of telemedicine also poses various challenges, especially related to legal protection for patients. This study aims to examine the legal protection provided to patients in the digital era, especially in the context of telemedicine in Indonesia. In addition, this study also evaluates the telemedicine regulations that apply in Indonesia. Government Regulation No. 28 of 2024 is an implementing regulation of Law Number 17 of 2023 concerning Health. Regulation of the Minister of Health Number 20 of 2019 regulates the Implementation of Telemedicine Services Between Health Service Facilities. Through a normative juridical approach, this study highlights various legal issues related to patient data privacy, health service standards, legal responsibilities of medical personnel, and guarantees of legal protection for patients in telemedicine services. The results of this research are expected to contribute to the development of more comprehensive regulations and ensure that patients' rights are protected in the digital era
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 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.v10i1.22592

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
Legal Protections For Consumer Against Advertisements From Artificial Intelligence Andreas, Gertrud Felita Maheswari; P. Soemartono, R.M. Gatot
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.v10i1.22275

Abstract

Artificial intelligence offers numerous benefits, but its misuse by businesses poses significant risks, particularly in creating misleading advertisements. For instance, companies may exploit AI to fabricate the likeness and voice of public figures in promotional videos, raising ethical and legal concerns. In Indonesia, the absence of specific legislation governing the commercial use of AI allows businesses to evade accountability and regulatory scrutiny. This gap in the legal framework prompts critical questions about liability: should responsibility rest with the business utilizing AI, or with the developers of the AI technology itself? There is an urgent need for clearer regulations that delineate the responsibilities of both parties in cases of AI misuse, ensuring consumer protection and accountability in advertising practices
Consumer Protection for the Use of Hazardous Asbestos Building Materials (Based on Supreme Court Decision Number 6 P/HUM/2024) Azzahra, Nabila Adifia; Tarina, Dwi Desi Yayi
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.v10i1.22495

Abstract

The purpose of this study is to analyze the process of legal protection for the community and victims of the use of asbestos products based on Supreme Court Decision Number 6 P/HUM/2024. This study uses a normative legal research method (normative juridical) with a statutory, case, and conceptual approach. The results of the study indicate that the process of legal protection for the community and victims has not been running well and there is still much that needs to be improved. If in accordance with Supreme Court Decision Number 6 P/HUM/2024, legal protection can be carried out through institutions that provide legal assistance. Legal protection for consumers can also be resolved through litigation or non-litigation. This is in accordance with the regulatory arrangements contained in Law Number 8 of 1999 concerning Consumer Protection (UUPK), Government Regulation Number 58 of 2001 concerning Guidance and Supervision of the Implementation of Consumer Protection, and Regulation of the Minister of Health Number 472 of 1996 concerning Safeguarding Materials Hazardous to Health. Therefore, business actors or producers must also be responsible for the welfare of society as consumers by replacing asbestos materials with safer alternatives