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
Transforming Health Insurance Law: Toward Substantive Justice for Health Social Security Administering Body Rattu, Deborah Johana; subarsah, T
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26491

Abstract

Health is a fundamental right guaranteed under Article 28H of the 1945 Constitution of the Republic of Indonesia, obligating the state to provide inclusive and equitable access to healthcare services. The establishment of the National Health Insurance (NHI) Program, administered by the Social Security Administrative Body for Health (SSAB-Health), marked a significant milestone in the transformation of Indonesia’s health insurance system. However, despite its normative foundation in constitutional and statutory law, the program faces persistent challenges in practice, including discrepancies between contribution adjustments and service quality, regional disparities in healthcare infrastructure, delayed claim reimbursements, discriminatory practices against participants, and limited public understanding of rights and obligations. This study analyzes these problems using legal and governance theories, including the distinction between formal and substantive justice, spatial justice, legal culture, and good governance principles. The findings demonstrate that while the NHI Program has expanded coverage, its effectiveness is weakened by systemic inequities and governance deficiencies that undermine its legitimacy and protective function. The paper argues for a comprehensive legal transformation that emphasizes substantive justice, encompassing regulatory reforms, institutional restructuring, stronger protection of patient rights, infrastructure capacity building, and enhanced public education. Such transformation is essential not only to fulfill constitutional mandates but also to contribute to broader national development objectives, including poverty reduction, human capital enhancement, and social cohesion. In this way, the reformation of health insurance governance serves as both a legal imperative and a strategic pathway toward achieving social justice in Indonesia.
Legal Resolution of Same-Sex Relationships in Indonesia Riyadi, Muhammad Rafi; Agustanti, Rosalia Dika
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27791

Abstract

This research is motivated by the social fact that same-sex relationships in Indonesia remain a sensitive issue, giving rise to tensions between moral values, religious views, and the national legal framework. Although consensual same-sex relationships between adults are not criminalized in the Criminal Code, there are regulatory ambiguities, the potential for indirect criminalization through moral norms, and the existence of several regional regulations that restrict the freedom of movement of LGBT groups. This research aims to analyze the applicable legal regulations regarding same-sex relationships and formulate a relevant legal settlement model in the Indonesian context. The issues include how the law regulates same-sex relationships in Indonesia and how the legal settlements are handled. The research uses a normative legal method with a statutory approach and a case approach utilizing secondary data. The results show that national legal regulations are still not uniform and tend to be influenced by majority moral norms, thus creating uncertainty in the protection of individual rights. Furthermore, the proposed legal settlement emphasizes the importance of regulatory harmonization, a non-discriminatory approach, and the protection of human rights as the basis for a more just settlement. This research emphasizes the need for clearer and more inclusive legal reforms to address Indonesia's evolving social dynamics.
The Dynamics of Electronic Land Certificate Issuance in the Era of Industrial Revolution 5.0: An Analysis of Security, Legal Policy, and Administrative Protection Wartoyo, Franciscus Xaverius; Jayanti, Meivina; Dewi, Dewi; Hwa, Lee Yong
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27082

Abstract

The land sector digital transformation represents a core aspect of Industrial Revolution 5.0 because it requires human-technology collaboration. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) launched electronic land certificates as a strategic move to enhance public administration efficiency and service transparency and land ownership legal certainty. The new system creates multiple difficulties which affect data protection and legal frameworks and administrative safeguarding of land ownership rights. The research investigates electronic land certificate distribution through state administrative law and community legal protection frameworks. The research design combines normative juridical analysis with evaluations of applicable laws and regulations and doctrinal interpretations and judicial decisions and digital technology integration in land administration. The research findings demonstrate that electronic land certificate distribution through blockchain systems or integrated servers provides reliable and efficient operations yet faces security threats and conflicting rules and user digital competence restrictions. The legal framework requires alignment between Law No. 11 of 2008 about Electronic Information and Transactions and Law No. 5 of 1960 about Basic Agrarian Principles and BPN implementing regulations to validate rights holder protection. The Industrial Revolution 5.0 requires electronic land certificate implementation to include enhanced data protection systems and digital bureaucracy accountability measures and flexible legal oversight that protects community rights through technological advancements. 
POSITION OF A NOTARY PUBLIC IN INVESTIGATIONS RELATING TO ALLEGED VIOLATIONS Silalahi, Wilma; Sudiro, Ahmad
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.v10i2.27787

Abstract

A notarial deed is a perfect form of evidence and must therefore be prepared to serve as a strong evidentiary basis in the event of a breach of contract. Thus, a notary in carrying out his/her duties must act trustworthy, honest, thorough, independent, impartial, and safeguard the interests of the parties involved in legal actions. In fact, the notary's duty is basically to express the wishes or actions explained by various parties which will be included in the deed. Thus, the interesting problem in this study is how the notary's position in the investigation related to alleged violations. This study uses a normative legal approach or doctrinal research. For notaries suspected of committing violations in the investigation, the notary can be positioned as a witness or suspect or co-defendant, depending on the notary's involvement in the alleged violation. In the process of examining a notary, investigators are required to obtain approval from the Notary Honorary Council, both for examination as a witness and for confiscation of documents. Therefore, regarding the approval of the Notary Honorary Council, it is not intended to complicate the investigation process or the need for examination of the notary, because this has been anticipated by the provisions of Article 66 paragraph (3) and paragraph (4) of Law 2/2014. Where investigators can obtain an answer no later than 30 (thirty) days. Therefore, there are no issues related to the request for approval from the Notary Honorary Council. If the 30-day deadline is exceeded, the request is deemed approved
Correctional Revitalization: A Systemic Solution for High-Risk Prisoners Suroso, Teguh; Saefudin, Yusuf
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26762

Abstract

Data from the Directorate General of Corrections on the https://sdppublik.ditjenpas.go.id/ website as of August 2, 2025, recorded that the number of prisoners and detainees in Indonesia reached 281,790. Meanwhile, the total capacity of all correctional institutions (Lapas) in Indonesia can only accommodate 147,530 people. This condition indicates a 90% overcrowding. This overcrowding is a crucial issue because it has the potential to cause disturbances to security and order, such as attempted escapes, controlling drug trafficking from within prisons, the spread of radical ideology, and repeated violations of rules. These behaviors are indicators of an increase in the risk level of prisoners into the high-risk category. The emergence of high-risk prisoners is a serious challenge within the correctional system. In an effort to address this, the Ministry of Law and Human Rights issued Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 35 of 2018 concerning the Revitalization of Correctional Implementation. This policy regulates the development of prisoners based on their risk level. This paper aims to analyze the implementation of the correctional revitalization policy as a systematic solution in handling high-risk prisoners.
The Impact of Changes to the Regional Head Election Law in Indonesia Zulpril Andito, Laode Rachmad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27655

Abstract

The amendment to the Regional Head Election Law represents a further step towards reforming the national political system, improving the quality of local democracy, and demanding efficiency in the implementation of regional head elections. This article analyzes the impact of regulatory changes on the implementation of regional head elections in Indonesia. The research method uses normative juridical methods with a comparison of laws and regulations, analysis of official documents, and a review of scientific literature. The results show that year after year, the changes in the law strengthen the institutional system, clarify the mechanism for nominating regional heads, and improve the quality of regional head election standards. It cannot be denied that negative impacts on the implementation of regional head elections from year to year include increased political costs, horizontal conflicts, and challenges in maintaining the neutrality of the state bureaucracy. This article explains the importance of continuous reform in regional head election regulations so that they run according to the principles of transparent, accountable, and integrated democracy.
Administrative Accountability of Public Officials for Criminal Acts of Corruption from the Perspective of State Administrative Law Sahari, Alpi
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27130

Abstract

Corruption is a social ill that undermines the people's welfare and hinders the implementation of national development. It also damages the image of a clean and dignified state apparatus, disregards morals, and damages the image and quality of people and the environment. Corruption in Indonesia has become widespread in all aspects of society. Corruption is considered to be widespread and is carried out by officials at various levels, including all levels of local government. Regulations related to corruption in Indonesia are contained in Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In addition, the Criminal Code also outlines regulations related to corruption. Administrative sanctions for corrupt public officials include dishonorable dismissal from office, revocation of pension and allowance rights, and a ban on holding public office for a certain period. These sanctions can be supplemented by other sanctions such as fines, compensation, or publication in the mass media if the sanctions are severe