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[Kedudukan Informed Consent Dalam Hubungan Dokter Dan Pasien ]]>
<![CDATA[Irfan, Irfan]]>
<![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.v3i2.3155
<![CDATA[Informed Consent can be defined as a statement of the patient or legitimately representing him in the form of an agreement on a medical action plan submitted by a doctor after receiving sufficient information to be able to make an agreement or rejection. The signing of the written informed consent form is only an affirmation of what was previously agreed. The purpose of the complete explanation is so that the patient determines his decision according to the patient's choice (informed decision). The type of research in this paper is normative legal research. The nature of this research is descriptive analytical, which is a study that describes, examines, explains and analyzes a legal regulation related to the informed consentration position in the relationship between doctors and patients. The results of this study are that before carrying out a medical action the patient has the right to obtain information on medical actions to be carried out to him as stipulated in the Minister of Health Regulation (Permenkes) No. 290 of 2008 concerning Medical Action Approval, if viewed in terms of form, the informed consent consists of Imflied consent (considered given) and expressed consent (stated), the presence of informed consent is very important in the relationship between doctors and patients where informed consent is the basis or foundation to take medical action against patients.]]>
<![CDATA[Perlindungan Hukum Terhadap Perempuan Berhadapan Dengan Hukum Sebelum Dan Sesudah Lahirnya Perma Nomor 3 Tahun 2017 Tentang Pedoman Mengadili Perkara Perempuan Berhadapan Dengan Hukum ]]>
<![CDATA[Nurhilmiyah, Nurhilmiyah]]>
<![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.v4i2.3172
<![CDATA[The problem of protection against women is still interesting to research. The rules of legislation that exist so far must continue to ensure its implementation properly and properly. Everyone is the same before laws and legislation prohibits discrimination and guarantees equal protection for everyone from discrimination based on any reason, including gender. It became interesting when the Supreme Court of Indonesia issued a Perma No. 3 year 2017 of the guidelines to prosecute women's issues with the law. The author wants to find answers to the question, how exactly is the legal protection state of women who are conflicted with the law before and after the issuance of Perma No. 3 year 2017.]]>
<![CDATA[Penggunaan E-Money Berdasarkan Undang-Undang Nomor 7 Tahun 2011 Tentang Mata Uang ]]>
<![CDATA[Situngkir, Roman]]>
<![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.v3i1.3150
<![CDATA[The recent use of e-money raises the pros and cons after the policy of liability for the use of e-money for payments at toll booths. There is an opinion that the liability for the use of e-money violates and contradicts Act No. 7 of 2011 about Currency. So it is interesting to see how the real existence of e-money based on Act No. 7 of 2011 about Currency. In this paper, it is concluded that the use of e-money is not contradictory to Act No. 7 of 2011 about Currency. Because e-money is only recognized as tool or payment system and dose not replace the official currency of rupiah. But then the obligation to use only e-money in toll booths and not to receive payment in cash would be another matter. Not giving the choice to the community to choose between cash or non-cash payment using e-money actually causes discrimination and injustice in society. Should the government give people the choice to choose between cash payments or using e-money.]]>
<![CDATA[Perkawinan Sejenis Dalam Presfektif Aliran Eksistensialisme Dikaitkan Dengan Hak Asasi Manusia ]]>
<![CDATA[Syuhada, Otong]]>
<![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.v4i1.3168
<![CDATA[A marriage is generally legalized in some countries for couples consisting of one male and one female. But similar marriage is a different matter. This type of marriage is often done between men and women and women. This marriage is considered as the right of the individual to shape his own life, so that anyone cannot forbid it, so does the existentialism flow which states that every individual is given the greatest freedom. Of course, this freedom makes an individual do things he thinks are right because it is from his own right as an individual. In HAM also states that the right to freedom of association contains elements of the right to freedom and social rights and freedom of religion shows the distinctive personal and collective rights, but if we examine it more deeply it is clear that freedom in question is freedom that has boundaries that must be met as well ; does it violate decency, religion, or the integrity of the nation? The purpose of this study is to find out same-sex marriage in the existentialism flow and to know the human rights perspective in criticizing same-sex marriage. This study uses a normative juridical approach and the nature of this research is descriptive analytical. ]]>
<![CDATA[Poligami Bagi Aparatur Sipil Negara Berdasarkan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan ]]>
<![CDATA[Saragih, Rahmayani]]>
<![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.v3i2.3160
<![CDATA[Law Number 1 of 1974 concerning Marriage, provisions concerning marriage have been regulated which apply to all Indonesian citizens, including those who are citizens of the status of civil servants. Civil servants must set a good example to their subordinates and set an example as good citizens in the community, also in organizing family life. In Law No. 1 of 1974 stated "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family / household based on the One Godhead, and recorded according to the applicable legislation". Surely eternal marriage is the dream of all families. In principle, in a marriage a man may only have a wife and a wife may only have a husband, but it does not rule out the possibility that a husband has more than one wife (polygamy) at the same time with certain conditions, this also applies to a male civil servant after certain conditions are met.]]>
<![CDATA[Pengawasan dan Koordinasi Sertifikasi Halal ]]>
<![CDATA[Harahap, Rabiah]]>
<![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.v3i1.3145
<![CDATA[The main factor which is the weakness of consumers is the level of consumer awareness of their rights is still low. This is mainly due to low consumer education. Therefore the consumer protection law is intended to be a strong legal foundation for government and non-governmental consumer protection institutions to make efforts to empower consumers through coaching and educating consumers. This writing uses normative juridical legal research methods (normative research) with descriptive analytical research specifications that use secondary data. The procedure of data collection is in the form of documentation of notes or quotations, 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 with a focus on the issue of how supervision and coordination of halal certification. The results of the study, it is known that the Consumer Protection Act states that businesses are prohibited from producing or trading goods or services that do not follow the provisions of halal production (Law No. 23 of 2014 concerning Guaranteed Halal Products).]]>
<![CDATA[Pemenuhan Restitusi Dan Kompensasi Sebagai Bentuk Perlindungan Bagi Korban Kejahatan Seksual Dalam Sistem Hukum Di Indonesia ]]>
<![CDATA[Atikah Rahmi]]>
<![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.v4i2.3173
<![CDATA[Sexual crime is a form of crime that harasses and tarnishes human dignity. These crimes have a tremendous impact on victims, in the form of physical, psychological, economic and social. The impact experienced by victims will actually increase with the reaction of the community when women become victims. The condition of the victims was increasingly cornered, they became limited in carrying out their social roles. Victims experience prolonged trauma that requires recovery. Legal protection efforts against women and children victims of sexual crimes are a struggle for their rights. Restitution and compensation are forms of protection as an integral part of human rights in the field of welfare and social security, a form of protection that must be met for victims of sexual crimes. The concept of compensation for victims so far still relies on the concept of restitution charged directly to the perpetrators. This paradigm should have been changed, especially for victims of sexual crimes, both child and adult. Victims of sexual crime should no longer rely on the obligations of the perpetrators, but also the responsibility of the State by providing compensation to victims.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Atas Penjualan Obat Yang Tidak Sesuai Label ]]>
<![CDATA[Muhammad Ferdian]]>
<![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.v3i2.3158
<![CDATA[Business competition cannot be separated from fraud from business people or bad business people. Business actors who do not have the ability to compete with strong business actors are often short-minded by giving birth to policies that are not true even at the expense of consumers. So that it was treated security of medicinal products before being distributed to the market. This writing uses normative juridical legal research methods (normative research) with descriptive analytical research specifications that use secondary data. The procedure of data collection is in the form of documentation of notes or quotations, 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 legal protection for consumers who buy drugs not in accordance with the label, and how the legal consequences for drug products that do not meet labeling standards. From the results of the study it is known that legal protection of consumers who buy drugs that are not in accordance with the label is in the interests of the community, therefore it is the hope of all people in every country in the world to be able to make it happen.]]>
<![CDATA[Pengaturan Ganti Kerugian Dalam Pengadaan Tanah Berdasarkan Undang-Undang No. 2 Tahun 2012 ]]>
<![CDATA[Saniah Saniah]]>
<![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.v4i2.3177
<![CDATA[The objective of the research was to find out the regulation on compensation for land acquisition for publik interest, based of Law No. 2/2012. The juridicial sources were primary, secondary, and tertiary legal materials. The data were gathered by conducting documentary study. The research used juridical normative and prescriptive approach. The conclusion of the research was that Law No. 2/2012 regulated compensation for physical and non-physical loss even though the compensation for non-physical loss was too limited. Remaining property could not be classified or grouped into non-physical loss.]]>
<![CDATA[Fungsi Hukum Pidana Dalam Penanggulangan Tindak Pidana Narkotika ( Studi Pada Kasus Pengadilan Negeri Medan) ]]>
<![CDATA[Nurmalawaty Nurmalawaty]]>
<![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.v3i1.3148
<![CDATA[Narcotics crime in Indonesia is still something urgent and complex. From the disclosure of narcotics crime cases which increasingly have various patterns and distribution networks, narcotics abuse also increases significantly both in terms of quantity and quality. Law Number 35 of 2009 concerning Narcotics is a criminal law policy which regulates acts and criminal sanctions that can be imposed on the perpetrators. The many cases of narcotics crimes whose perpetrators were sentenced, did not affect the decrease in crime rates. Even what happens to narcotics prisoners who are undergoing prison sentences are still able to control the circulation of narcotics from prison. This research focuses on judicial study, to find out how the implementation of judicial policies in deciding cases of Narcotics Crimes in the Medan District Court. This type of research is normative juridical research in a judicial policy order with a descriptive approach. The application of criminal sanctions with imprisonment and fines for narcotics crimes have not yet reached the goal of criminal prosecution, this can be seen from the lightness of court decisions and the existence of criminal disparities from court decisions against narcotics offenders.]]>
