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[Hak-Hak Perempuanterhadap Harta Dalam Suku Karo (Memaknai Simbol dalam Rangka Perubahan Hukum di Masyarakat) ]]>
<![CDATA[Rasta Pinem]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3162
<![CDATA[Indonesia is a legal state that guarantees the rights of every citizen equally, meaning that everyone has the same rights. Even the 1945 Constitution as the Indonesian constitution regulates the existence of human rights and Indonesian citizens' rights clearly and fairly. But Indonesia is also a country with a large number of tribes. Therefore the culture of each tribe in Indonesia can be different. Talking about the rights of citizens, it does not escape the right to inheritance. Property rights to women in karo tribes are considered unfair compared to the rights to property owned by men in karo tribes.]]>
<![CDATA[Akibat Hukum Ketiadaan Akta Ikrar Wakaf Atas Perwakafan Tanah ]]>
<![CDATA[Faisal Faisal]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 3, No 2 (2018): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v3i2.3154
<![CDATA[Waqf land is one of the social services in Islamic religion that is closely related to the law of negativity, meaning as a set of rules governing how to use and use the earth for the common welfare of all the people. The birth of Law No. 41 of 2004 concerning Waqf is a step to reinforce the status of waqf land by providing legal certainty for the land owned by waqf. Based on Government Regulation No. 42 of 2004 concerning Waqf property explained that waqf in its position as one of the institutions of Islamic law, is a religious institution that can be used as a means for the development of religious life. The nature of the research used is a description of the type of empirical juridical. The data sources used in this study are sourced from secondary data consisting of primary legal material, secondary legal material and tertiary law that refers to the problem; how is the legal certainty of waqf on land that does not have a waqf certificate. how are obstacles and legal efforts against waqf on land that does not have a waqf deed. With the issuance of waqf pledge deed by PPAIW, the legal certainty of the waqf land is of legal strength and furthermore it will be even stronger if it has issued its waqf pledge from the National Land Agency Number 422 of 2004 3 SKB/BPN/2004 in Article 1 and Article 2, Law Number 24 of 2004 concerning Agency Endowments Fund.]]>
<![CDATA[Memaknai Delik Dan Delik Tata Negara ]]>
<![CDATA[sarip sarip sarip]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3128
<![CDATA[The term delik is still identified with criminal law, the offense itself comes from delict in various legal literatures. That according to the positive law a strafbaar feit is actually nothing other than an action which according to a formulation of the law has been declared a punitive action. The thought that was considered wrong in learning stated that the term delict was criminal. The wrong terminology eventually spread among the students who always named delict as a criminal. Research on interpreting delicts and state administration offenses is a study carried out using old literature. Old literature has been chosen to strengthen the argument in finding a bright spot about the meaning of the offense itself. Writing defines offenses and constitutional offenses including in normative legal research carried out through various efforts to thoroughly examine and analyze legal provisions relating to research problems (study of law in the book). Through the meaning in the discussion it was found that the meaning of offense is basically not limited to criminal matters but can also be used in the meaning of state administration. So in constitutional offenses, an offense is used to gain power or maintain power. In addition, state administration offenses cannot be separated from the sovereignty theory itself. Then it can be concluded that the meaning of offense at this time is only trapped in a criminal that actually has a neutral meaning that is not limited to criminal matters.]]>
<![CDATA[Peran Psikiater Dalam Pembuktian Kekerasan Psikis Pada Korban Tindak Pidana Kekerasan Dalam Rumah Tangga ]]>
<![CDATA[Erwin Asmadi]]>
<![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.v3i1.3136
<![CDATA[The harmonious relationship of the household is the dream of every human being. But in the journey of the household ark, there are obstacles such as violence. If the violence is carried out physically or sexually, then there are injuries or signs that can be seen in plain view. But if the violence hits someone psychologically, it requires special knowledge to identify the existence of psychological violence suffered by victims of domestic violence. This paper outlines the important role of psychiatrists in proving psychological violence in criminal acts of domestic violence. Based on the provisions of Article 184 paragraph (1) letter b of the Criminal Procedure Code, the role of the psychiatrist who provides information as an expert is located as an expert so that it becomes one of the evidences. Another role, psychiatrists can publish Visum et Repertum known in the world of psychiatrists as Visum et Repertum Pshiciatricum.]]>
<![CDATA[Alternatif Penyelesaian Sengketa Secara Arbitrase Melalui Pemanfaatan Teknologi Informasi ]]>
<![CDATA[Faisal Riza]]>;
<![CDATA[Rachmad Abduh]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3171
<![CDATA[Dispute resolution in essence can be done through two processes, namely the litigation process in court and non-litigation outside the court. In general, the litigation process will produce adversial agreements that have not been able to embrace common interests because their interests are facing each other. The results of the dispute resolution process in the courts tend to cause new problems, spend a long time, require expensive, unresponsive, and cause hostility between the parties to the dispute. Through a dispute resolution process outside the court, it will result in a win-win agreement solution, guaranteed confidentiality, protected from slow administrative procedures, low costs, good relations will still be established for the parties to the dispute. Arbitration is a way to resolve civil disputes outside the general court. The method of settlement is based on an arbitration agreement made in writing by the parties to the dispute. The main prerequisite for an arbitration process is the obligation of the parties to the dispute to make a written agreement (arbitration clause), and then agree on the law and procedure for how they will end the dispute. Arbitration settlement is widely used in trade disputes. The increasing development of trade, finance and national and international industries in the current era of globalization has led to advances in the economy and industry.]]>
<![CDATA[Sistem Peradilan Edukatif Dalam Sistem Peradilan Anak Di Indonesia ]]>
<![CDATA[Harahap, Asliani]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 3, No 2 (2018): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v3i2.3152
<![CDATA[Educative judicial system must be the priority of the judge in making a decision. Placing children in prison will always be the last choice with the shortest possible period of time. Placing children in institutions that have social benefits and functions as well as improvements for children is better, but it is hoped that these institutions can provide care, protection, education and special skills that are educational in nature so that they can be used to help them social construction and productive in the community. The educational punishment system in the juvenile court system in its application is beneficial to children as perpetrators of crimes, which is expected in the protection of children as perpetrators of criminal offenses should receive serious attention from the government. Children who are compliant with the law in the position of children as perpetrators of crime, in addition to needing protection and self-security also require legal regulations that guarantee the interests of children. The benefit for children as perpetrators of crime is that the development of the child's soul is not disturbed and for the protection and interests of the child.]]>
<![CDATA[Eksekusi Terhadap Pembatalan Surat Izin Mendirikan Bangunan Pada Perkara Tata Usaha Negara ]]>
<![CDATA[Zainuddin Zainuddin]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3198
<![CDATA[State and Government administrative decisions, namely decisions made by Government Agencies, both regulating and statutory (beschikking). Making provisions is a legal act. As a legal act the provision gives birth to rights and / or obligations, and the provisions that give birth to rights and / or obligations are called positive terms. This research is categorized in normative type research, where the data sources used are secondary data sources with data obtained through library research (library research) by processing qualitative data analysis. the focus of the problem in this study is how the execution of the cancellation of the building permit letter in the state administration case.]]>
<![CDATA[Efektivitas Hukum Humaniter Internasional Dalam Melindungi Cagar Budaya Di Negara Konflik ]]>
<![CDATA[Astuti, Mirsa]]>
<![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.v3i1.3143
<![CDATA[War is an instinct for self-defense that applies both in association between humans and relationships between nations. Therefore the history of war is as old as the history of mankind. In armed conflict there are a lot of cultural objects which are destroyed by bombs or bullets used to attack enemy targets by parties in conflict. Although protection of cultural heritage objects has been regulated in an International Convention, there are still behaviors that cause damage to even the destruction of cultural objects. The procedure for collecting data is in the form of documentation of notes or quotes, search of legal literature, books and others related to the identification of problems both offline and online which are then analyzed through the content analysis method (centent analysis method) with a focus on the issue of how effective the law is international humanitarian in protecting cultural heritage in conflict countries. The results of the study it is known that cultural objects are the cultural identity of the community, so that attacks on them often increase conflict escalation. Air and remote bombing attacks increase damage to cultural objects resulting from armed conflict.]]>
<![CDATA[Memukul Dalam Mendidik Anak, Suatu Tinjauan Dalam Hukum Kekeluargaan Islam Dan Pandangan Hukum Positif ]]>
<![CDATA[Syofiaty Lubis]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 2 (2019): Juli - Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i2.3176
<![CDATA[Children are a gift given by Allah SWT. Parents are given a deposit that they must educate well about one thing or another. But it is not uncommon for parents to educate their children in the wrong way, for example by hitting their own children, not only is the child doing it right or wrong as a parent who is not allowed to beat his child. This study aims to see how the phenomenon of parents who educate their children by hitting through the views of Islamic family law and positive laws adopted in Indonesia. This research is a type of normative research that takes data sources based on library data that will be contested with existing rules and then summarized well so that readers can easily understand]]>
<![CDATA[Kebijakan Kriminal Terhadap, Gay, Biseksual Dan Transgender (LGBT) Dikaitkan Dengan Delik Kesusilaan Di Dalam Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Ateng Sudibyo]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v4i1.3169
<![CDATA[The presence of LGBT groups in Indonesia has in fact caused a stir in Indonesian society, because it has been regarded as a resistance to religion, nature, and values that live in Indonesian society which has never allowed such acts. LGBT acts are acts that violate the rules of religion and the value of religious life in Indonesian society. But ironically there is no legal umbrella specifically to regulate the LGBT problem even though if it is viewed from the illegal nature of an act, even if the act is not regulated in laws and regulations (against formal law), but if the deed is considered despicable because justice or norms of social life in society (against material law) then the action can be punished. The purpose of this study is to find out the legislation policy on LGBT in the offense of decency of the Criminal Code and to formulate the concept of LGBT criminal policy in decency offenses of the Law Future Criminal Law in Indonesia. This study uses a normative juridical approach and the nature of this research is descriptive analytical. Data retrieval is done through library studies in order to obtain secondary data, both in the form of primary legal materials, secondary legal materials, and tertiary legal materials. To support the research that has been carried out, field research is also carried out in order to obtain primary data that supports secondary data. The technical analysis used in this study is a qualitative analysis technique.]]>
