DE LEGA LATA: Jurnal Ilmu Hukum
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
Articles
287 Documents
<![CDATA[PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM ]]>
<![CDATA[Muhammad Yusrizal]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 1 (2017): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i1.1143
<![CDATA[Land procurement is the act of the government to realize the availability of land to be used in various interests for development as the public interest. Limitations of land owned by the government takes the land derived from the community to facilitate the course of development for the public interest. The existence of the land needs to be used by the government in carrying out development activities, but in its implementation should not be detrimental to the rights of the landowners. Therefore, for the government which needs the land can not arbitrarily to take the land belonging to the community/the holder of the right to the land which area is affected by development for the public interest. Therefore, the state should provide guarantee and legal protection to the holder of the land in land procurement activity for public interest. So that the implementation of land procurement will be able to provide a sense of justice for the community affected by the development and provide security to the life of the community.]]>
<![CDATA[KEPASTIAN HUKUM PEMENUHAN HAK KREDITOR DALAM EKSEKUSI OBJEK JAMINAN HAK TANGGUNGAN MELALUI PARATE EKSEKUSI ]]>
<![CDATA[Deasy Soeikromo]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 1 (2016): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i1.781
<![CDATA[By the existing Law Number 4 of 1996 concerning Land Mortgage has given a chance to creditor to sell all assets which is collateralized by debtor without court process. This thing happens to avoid “litigation adjudication” which is taken long time for finishing the problem. Because of that, when debtor fails to fulfill the obligation (wanprestasi), so the creditor party does not need to sue the debtor, but through “execution parate” which is known before as State Auction Service Office to be auctioned in public. Parate executie ruled in Law Number 4 of 1996 concerning Land Mortgage aimed to creditor gains easily the credit from debtor who fails to fulfill the obligation. At the time, creditor could sell the object of land mortgage without court decision. However this way does not used for some creditors because the confusion the regulation it self about parate executie in Law Number 4 of 1996 concerning Land Mortgage. ]]>
<![CDATA[STUDI KOMPARATIF PELAKSANAAN PERADILAN ISLAM DI NEGARA MALAYSIA DAN SAUDI ARABIA ]]>
<![CDATA[Yusrizal yusrizal]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1227
<![CDATA[The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG HAK ATAS TANAH PERUSAHAAN DI KAWASAN INDUSTRI DI INDONESIA ]]>
<![CDATA[Ilhamdi Ilhamdi]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i2.797
<![CDATA[Management of industrial areas often face obstacles, such as: setting the industrial area and the implementation of the transfer of land in an industrial area, so that in the process of implementation of the transfer of land in the industrial park needs to be disseminated land use plan with the community or the land owner, the measurement of land area to be released, a detailed mapping of parcels of land to be entered into the industrial area plan, land selling price agreements with landowners, paying the price of land, the people affected by land acquisition or affected have priority to go to work or effort. Moreover, to overcome obstacles in managing the industry, is the need for state intervention as the manifestation of the sovereignty of the state in the economy. Intervention is meant by the author not only through the release of products of the general law, but a special legal product which thoroughly so there is legal certainty and legal synchronization in economic management in industrial areas, like made law on industrial estates.]]>
<![CDATA[STUDI KOMPARATIF PERCERAIAN AKIBAT PINDAH AGAMA MENURUT FIKIH ISLAM DAN UNDANG-UNDANG PERKAWINAN (Analisis Putusan No. 0879/Pdt. G/2013/PA.Pdg) ]]>
<![CDATA[Imanda Putri Andini]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1162
<![CDATA[According to Islamic law, if one party of couple converts, the marriage of both becomes void, but in Laws Number 1/1974, there is no specified that the conversion of religion as the reason for the breaking of marriage, so that in Decision Number 0879/Pdt.G/2013/PA.Pdg, which examines the divorce suing for reasons of conversion, decided for reasons there is no harmony in the household . It is certainly interesting to analyze, and based on the analysis it can be seen that the judges postulate convert only as one of the triggers of the existence of unreliability in the household.]]>
<![CDATA[KEDUDUKAN DEWAN PERWAKILAN RAKYAT DALAM PENETAPAN DAN PENGAWASAN APBN DI INDONESIA ]]>
<![CDATA[Julfikar, Julfikar]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 1 (2016): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v1i1.786
<![CDATA[The one of House of Representatives’ role (DPR) is overseeing. DPR is as the one of determinant of Indonesia government. DPR has crucial role and function for Indonesia citizen lives in all aspects. In constitution aspect, DPR has role to determine budget together with government. Budgeting function needs to be supervised if it’s not, the Indonesia development program will not be on target. DPR should give the guidance in budgeting process, because it is related of State Budget.]]>
<![CDATA[TINJAUAN HUKUM PRAKTIK BISNIS BERKEADILAN MELALUI PENINGKATAN AKSESIBILITAS KONSUMEN ]]>
<![CDATA[Harahap, Abi Jumroh]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 1 (2017): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i1.1133
<![CDATA[In the mid of free trade era, both in domestic and international level, consumer protection issues has become more relevan to be examined. One of the important aspect in the field of consumer protection that should be strengthened is consumer’s access to justice. The complexity of global trade marked by unfair commercial practices have often negative impacts for consumer; consumer rights often be ignored and violated by business people. Therefore government must be able to ensure the existence of consumer’s access to justice through the rule making, policy, and the new legal institutionalization in order to create fair business environment.]]>
<![CDATA[KEBIJAKAN KRIMINAL TERHADAP TINDAK PIDANA POLIGAMI DIKAITKAN DENGAN SISTEM HUKUM PERKAWINAN INDONESIA ]]>
<![CDATA[Sudibyo, Ateng]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 2, No 2 (2017): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v2i2.1195
<![CDATA[Law No. 1 of 1974 on Marriage basically adhere to the principle of monogamy. Although not essential to the principle of monogamy, there is still a polygamist who often take shortcuts to legalize polygynous marriage. Polygamous marriage act is a violation of Law No. 1 Year 1974 on Marriage, and Government Regulation No. 9 of 1975 on implementation of Law No. 1 Year 1974 on Marriage, although the threat of criminal sanction only published in the Government Regulation. Another case in the Criminal Code (KUHP), the sanction of polygamy as criminal action regulated in Article 279. Is the threat of criminal sanctions contained in the Criminal Code and Regulation No. 9 of 1975 in line with the values and ideals of community law in Indonesia? The purpose of this study is to determine the applicative policy for polygamy as criminal offense in marriages in Indonesia’s legal system and to formulate the concept of criminalisation policy for polygamous marriage act as criminal offense in the Indonesia’s legal system of marriage for the future. This is due to criminal sanctions in Article 279 of the Criminal Code and Law No. 1 of 1974 and Article 45 of Government Regulation Number 9 Year 1975, there is still a legal synchrony. The concept of future criminal polygamy criminal policies should apply the principle of ultimum remedium otherwise known as the “last drugâ€. Whatever the reason for the imposition of criminal punishment will still have a negative effect on the perpetrator and his family and will cause sociological and psychological implications if criminal sanctions are applied. In the legal state of Pancasila especially for the Muslims, the concept of marriage is a worship then it must be fostered, if there are deviations should not be destroyed by a criminal threat. Therefore, to overcome the criminal act of polygamy the need of a non penal criminal policy means, that is prevention without punishment.]]>
<![CDATA[Kebijakan Pengelolaan Lingkungan Hidup Di Era Otonomi Daerah ]]>
<![CDATA[Erwin Hidayah Hasibuan]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 3, No 1 (2018): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v3i1.2753
<![CDATA[Local governments must try to develop the potential of existing natural resources, to support the costs of sustainable development, and formally there are 5 (five) main principles of sustainable development, namely; the principle of intergenerational justice, the principle of justice in one generation, the principle of early prevention, principles of biodiversity protection and the principle of internalizing environmental costs. Related to the principle of internalizing environmental costs, the local government wants to impose on employers to seek internal funding from any expenditure that has an impact on the environment. Therefore the application of the principle of internalization of environmental costs can be interpreted as an effort to take into account the costs that must be borne by economic activity players due to the emergence of environmental losses. The principle of internalization of environmental costs underlies the content of sustainable development, and in essence aims to arouse legal awareness of economic actors to be more critical in calculating the impacts arising from their economic activities, and in the legal perspective, the principle of polluter pay must be normalized through clear arrangements, because this is a mandate of Article 42 jo. Article 43 of Law Number 32 of 2009 concerning Protection and Management of the Environment.]]>
