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Rahmat Ramadhani
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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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THE ROLE OF NOTARIES IN ILLEGAL FISHING-BASED SALE AND PURCHASE TRANSACTIONS: A STUDY OF PROFESSIONAL LAW AND ETHICS Moertiono, R Juli; Lubis, Muhammad Syukran Yamin
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.v10i1.23218

Abstract

This study discusses the role of notaries in buying and selling transactions related to illegal fishing practices, reviewed from the perspective of law and professional ethics. Illegal fishing is a fishing activity that violates legal regulations, so that it can have a legal impact on the transaction of buying and selling the catch. A notary, as a public official, has a responsibility to ensure that the deeds he or she makes do not conflict with the law and ethics. This research uses a normative juridical method with a legislative and conceptual approach. Data was obtained through literature studies by researching relevant laws and regulations, legal doctrines, and the notary profession code of ethics. The analysis was carried out to identify the extent to which notaries play a role in preventing the legalization of transactions that have the potential to involve the proceeds of illegal fishing. The results of the study show that notaries have an important responsibility to ensure the legality of the object of the transaction, including ensuring that the fishery products traded do not come from illegal fishing activities. In terms of professional ethics, notaries are obliged to reject the making of deeds involving the results of these illegal practices. However, the lack of transparency and oversight of the supply chain of fishery products is often an obstacle. This study recommends strengthening regulations and training for notaries to understand issues related to illegal fishing
Monitoring Of The Maintenance Of State-Owned Goods In The Form Of Operational Vehicles Of Padjadjaran University For Educational Processing Ramaditya, Mochamad; Muttaqin, Zainal; Nurzaman, R Adi
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.v9i2.23356

Abstract

Unpad is a university that has the status of a State University with Legal Basis (PTN BH) that applies the Public Service Agency Financial Management pattern (PK BLU) or PTN Legal Entity. Unpad obtained the mandate to increase autonomy to become a Legal Entity PTN. Unpad revenue sourced from the State Budget is used to fund operational costs, lecturer costs, education personnel costs, investment costs and development costs. Budget funding issued to be allocated to various financing, one of which is mentioned in Article 5 letter d of Government Regulation No. 26 of 2015 concerning Forms and Mechanisms of Funding for Legal Entity State Universities and is used for the procurement of facilities and infrastructure for the implementation of the tridharma of Higher Education in the form of operational service vehicles.  There are several visible problems related to operational vehicles owned by Universitas Padjadjaran that are not suitable for use. Padjadjaran University's operational service vehicles are one example of goods owned by Unpad that need to be maintained and maintained. Since the beginning of its procurement, official vehicles owned by Padjadjaran University are used to support the smooth creation of good mobility in the Padjadjaran University campus environment
Implementation of Closed Principles in Ad-hoc Arbitration Disputes Settlement by Online Mechanism in Indonesia Abdullah, Ali; Prasetyo, Yunan; Febrianto, Satria
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.v10i1.23401

Abstract

Dispute between the parties at dispute resolution through arbitration in the 1999 Arbitration Law can be simplified in the form of sending a letter, fax, telegram, electronic mail or other alternative type of communication that makes things easier. Meanwhile, according to the provisions in the law, The Arbitration Law 1999 declares that all examinations of disputes by arbitrators or arbitration panels are carried out behind closed doors with the intention that examination of disputes through arbitration upholds the principle of confidentiality. The purpose of this writing is to examine the legal regulations governing online ad-hoc arbitration trials, but confidentiality is maintained. This research was carried out using a normative approach. After the research was executed, there were no arrangements for examinations to be carried out by online ad-hoc arbitration, even though The 1999 Arbitration Law states the examination of the trial decision should be conducted behind closed doors due to the principle of confidentiality.
Analysis Of The Impact Of Love Scam Fraud In The Digital Business World Syafriana, Rizka
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.v10i1.23961

Abstract

The development of technology has changed the way humans interact, and communication in cyberspace has become an important part of everyday life. The internet became the main communication tool for the next ten years starting with the emergence of home computers in the early 1980s. Social networking sites allow users to actively participate in building their social networks, with the media provided to each individual. Since 2019, especially in Indonesia, online dating applications such as Tinder, Tantan, Bumble, and OkCupid have become popular. However, various forms of digital fraud such as love scams have emerged along with the advancement of this technology. This utilizes social networks to deceive victims by claiming a romantic relationship. The normative method is used in this study to analyze the various types of fraud carried out through digital media and the legal consequences resulting from love scams, especially those related to business transactions. Love scams often involve fraud by pretending to be in a romantic relationship to get money, or expand a business, the perpetrator takes advantage of the victim's feelings of wanting to help their partner. Article 378 of the Criminal Code, Article 28 paragraph (1), and Article 45 A paragraph (1) of the ITE Law regulate love scams, however, the differences in norms between these articles create legal uncertainty. However, the ITE Law can be used to prosecute online fraudsters, making it lex specialis in law enforcement.
The Role of the State in Legal Vacuum in Money Politics in Village Head Elections Fratiwi, Feby; Suartini, Suartini; Fuad, Fokky
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.v10i1.24013

Abstract

This study analyzes the legal vacuum in the village head election system using the rule of law theory approach. The village head election is an important part of a democratic village government system, where this process must reflect justice and applicable law. However, various legal vacuums often arise, such as unclear regulations, unfairness in the rules, and inconsistent law enforcement. The main problems discussed in this study are the factors that cause legal vacuums in village head elections and their impact on the sustainability of the principles of the rule of law, especially the supremacy of law, legal certainty, equality before the law, and access to justice. The method used in this study is a qualitative approach with document data analysis and literature studies. The rule of law theory is the basic framework for understanding the implications of legal vacuums on the stability of village democracy. The results of the study indicate that legal vacuums in village head elections can lead to injustice, abuse of power, and social conflict that damage the quality of village democracy. To overcome this problem, it is recommended to improve clearer regulations, training for stakeholders, and consistent law enforcement. This study is expected to contribute to legal reform and the improvement of a fairer, more transparent, and law-based village head election system.
CRIMINOLOGICAL REVIEW OF PERPETRATORS OF CHILD MOLESTERY IN CONNECTION WITH DIFFERENTIAL ASSOCIATION THEORY (Case Study at Class IIA Karawang Prison) Kartika Salu, Vera; G, Deny; Abas, Mhd
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24381

Abstract

Sexual abuse is inappropriate and unethical behaviour that violates norms of decency and morality, especially those related to sexual acts against others without consent or with the aim of degrading someone's dignity. This research aims to examine the behaviour of child molesters from the perspective of psychological criminology, with an emphasis on the application of Differential Association theory. In addition, this study also wants to explore the factors that encourage a person to commit child abuse, as well as how the countermeasures made by the Correctional Institution against the perpetrators. The approach used is qualitative with empirical juridical method, involving child molesters who have served their sentences at the Karawang Class IIA Correctional Institution. Data were obtained through interviews with perpetrators and prison officers. The results showed that some of the perpetrators had a background as victims of sexual violence, and grew up in an educational environment that tended to be permissive of such deviant behaviour. These conditions shape the tendency of deviant sexual behaviour. This finding supports the Differential Association theory, which states that criminal behaviour is not something that is brought from birth, but rather the result of the learning process in a particular social environment.
Matching NPWP and NIK in the Perspective of Indonesian Tax Law: A Comprehensive Study of the Principles of Legal Certainty and Justice for Taxpayers Evansarid, Argi; Albab, Ulil; Amiludin, Amiludin
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24588

Abstract

The policy of matching the Taxpayer Identification Number (TIN) with the National Identity Number (NIN) in Indonesia is implemented to enhance the efficiency of tax administration and the accuracy of taxpayer identification. Although the objectives of this policy are positive, its implementation faces several legal challenges, particularly related to the principles of legal certainty and fairness for taxpayers. This study aims to comprehensively evaluate the policy from the perspective of Indonesian tax law. The research employs a qualitative approach combining normative and empirical legal research methods. Normative research was conducted through the analysis of tax regulations, while empirical research involved data collection through interviews with tax practitioners, officials from the Directorate General of Taxes, and relevant taxpayers. The findings reveal that this policy encounters administrative and technical obstacles, as well as insufficient coordination among government institutions. Additionally, applying higher tax rates to taxpayers who fail to match their TIN with their NIN, without clear exemption mechanisms, has led to legal uncertainty and unfairness. Limited technological access and inadequate public understanding further exacerbate these issues. To address these challenges, a comprehensive evaluation, improved inter-agency coordination, enhanced public outreach, and transparent and clear exemption mechanisms are required. Consequently, this policy is expected to improve tax compliance while ensuring fairness and legal protection for all taxpayers.
Implementation Of Bankruptcy Law In Settlement Of Umkm Non-Performing Loans Nadirah, Ida
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.25323

Abstract

This article examines the implementation of bankruptcy law in resolving bad debts experienced by Micro, Small, and Medium Enterprises (MSMEs) in Indonesia. MSMEs as an important sector of the economy often face financial difficulties that cause the inability to fulfill debt obligations. This study uses a normative legal approach with a qualitative analysis of laws and regulations and related legal literature. The results of the study indicate that although bankruptcy law can be an instrument of rescue through debt restructuring or PKPU, its use by MSMEs is still very minimal. The main factors causing this are limited understanding of the law, high processing costs, and the absence of specific regulations for MSME bankruptcy. This article recommends the need for bankruptcy law reform to be more adaptive to the characteristics of MSMEs with a simple, inexpensive and equitable approach.
LEGAL FORCE OF BINDING SALE PURCHASE AGREEMENT UNDER HAND REVIEWED FROM THE PRINCIPLE OF PACTA SUNT SERVANDA Bianty, Thisia; Gunadi, Ariawan
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24375

Abstract

The Sale and Purchase Agreement is basically an assistance agreement that functions as a preliminary agreement and is free in form . In the making of PPJB in practice in the field, it is found that it is not uncommon for the parties to enter into a PPJB underhand as a preliminary agreement containing several agreements and there have also been many PPJB underhand there is a default from one of the parties who promised . This scientific article uses deductive analysis, as well as normative research types. PPJB made underhand is an agreement made by the parties themselves without any intervention from authorized public officials, and without a specific standard and only adjusted to the needs of the parties . If the parties do not deny and acknowledge their signatures in the agreement, then the PPJB underhand has legal force based on the principle of pacta sunt servanda.
Legal Protection Of Cybercrime Crimes From Ransomware Attacks And Evaluation Of The Cyber Security And Resilience Bill 2025 In Indonesia'S Defense Sulubara, Seri Mughni; Tasril, Virdyra; Nurkhalisah, Nurkhalisah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.25786

Abstract

The legal safeguarding against ransomware cybercrime is found in multiple regulations. Indonesia possesses various legal frameworks to combat cybercrime, such as the Electronic Information and Transaction Law (UU ITE), the Personal Data Protection Law (UU PDP), and the Criminal Code (KUHP). Ransomware is a type of harmful software. Ransomware locks a user’s data within a computer network, preventing an individual or business from accessing their information. Hackers subsequently extort the victim for a ransom to allow the data owner to regain access to the data. Usually, the payment of the ransom is conducted through cryptocurrency to ensure it remains untraceable. The research methodology, or a means to reach the objectives outlined in the study, employs a qualitative descriptive approach grounded in juridical or normative legal research. This method aims to assess how well the 2025 cyber security and resilience bill can enhance Indonesia's digital defense. The ITE law establishes a legal framework for prosecuting cyber offenders, including ransomware, but it lacks detailed regulations regarding the terminology and methods of ransomware. This creates difficulties in law enforcement, particularly in demonstrating criminal aspects and gathering electronic evidence. Law number 27 of 2022 regarding personal data protection (PDP LAW) establishes a robust legal structure to safeguard personal data from abuse, particularly in relation to ransomware offenses that frequently involve data theft and manipulation. Article 368 of the criminal code concerning conventional extortion can be utilized in ransomware situations, despite not explicitly addressing the digital format. Article 368 of the criminal code addresses the crime of conventional extortion applicable to ransomware incidents, even if it doesn't specifically cover the digital format. The cybersecurity and resilience bill of 2025 aims to enhance Indonesia's cyber defense, emphasizing the protection of cyberspace and the national digital ecosystem. In this regard, the cybersecurity and resilience bill (RUU KKS) 2025 represents a vital measure for the government to bolster national cyber defense. This legislation is intended to outline the responsibilities of various parties in ensuring cybersecurity, set incident reporting requirements, and impose severe penalties for breaches, including prison terms of up to 20 years and fines reaching Rp20 billion.

Page 26 of 29 | Total Record : 287

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