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[Regulasi Mandiri Transportasi Online Dalam Pembayaran Pesanan Makanan Atas Konsumen Yang Ingkar Janji ]]>
<![CDATA[Erwin Asmadi]]>
<![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.v4i1.3164
<![CDATA[The implementation of consumer protection is so detailed that it is regulated through the Consumer Protection Act. But the loss of the online transportation application service providers is less in the spotlight, let alone driver losses as parties affiliated with the service application. This paper presents the disadvantages experienced by drivers and how online service application service companies are able to solve these problems. Especially controlling the implementation of online transportation applications through self-regulation made by online transportation application provider companies (providers of electronic systems). The regulation is subject to and may not conflict with the laws and regulations in force in Indonesia. In practice, the driver loss is often not questioned, but as long as there is proof of purchase, assistance or replacement is possible to the extent possible by the application service provider.]]>
<![CDATA[Tindak Pidana Pencucian Uang Dengan Kejahatan Asal Tindak Pidana Narkoba Pada Putusan Mahkamah Agung RI no. 1303 k/pid.sus/2013 jo. Putusan Pengadilan Tinggi Medan No. 700/pid/2012/pt.mdn jo. Putusan Pengadilan Negeri Medan Nomor 1243/pid.b/2012/pn.mdn ]]>
<![CDATA[Ferdy Saputra]]>
<![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.v3i2.3161
<![CDATA[Money laundering is not only threatening the economic stability and integrity of the financial system, but also harm the joints of the life of society, nation, and state based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 Money laundering is done is to disguise the proceeds of crime. In this case, will be appointed on the crime of narcotics and drugs. Related with the case studies in based on the Supreme Court Decision No. 1303 K / Pid.Sus / 2013 dated August 21, 2013 Jo. High Court Field No. 700 / Pid / 2012 / PT.Mdn dated January 8, 2013 Jo. Medan District Court Decision No. 1243 / Pid.B / 2012 / PN.Mdn dated October 8, 2012 also uses the mode of crimes in the banking field. Mode of crime in the banking sector, in this case, use money transfer services Money Changer (money changers). Predicate crime (crimes origin) it is a criminal offense drug, namely methamphetamine. Methamphetamine trade is carried out between cross country, namely between Malaysia and Indonesia.]]>
<![CDATA[Akibat Hukum Pelaksanaan Petunjuk Jaksa Yang Dilakukan Oleh Jaksa Terhadap Pasal 385 KUHP ]]>
<![CDATA[Arief Pratomo]]>
<![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.v3i2.3156
<![CDATA[Land is very human life so it is not surprising that every human being wants to possess or control it which results in various land problems or land conflicts in Indonesia. These land issues sometimes also lead to crimes against land which can often lead to disputes between individuals. This is more due to the availability of land that is available and limited in number is not comparable to human needs, the more days the higher the value of fulfillment of land use. The research conducted was descriptive research with normative legal approach method (normative juridical) carried out by means of literature study. The data collection tool used in this study is data in the form of document studies and literature searches. The theory used in this research is the theory of Criminal Liability, Theory of Legal Certainty and Justice Theory. Based on the results of the study it was understood that the basis for the issuance of the attorney's instructions or policies on the prosecutor's institution was Law No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia and the Criminal Procedure Code contained in article 110.]]>
<![CDATA[Kewenangan Mahkamah Konstitusi Dalam Perlindungan Hak Konstitusional Warga Negara Melalui Konstitusional Complaint ]]>
<![CDATA[Benito Asdhie]]>;
<![CDATA[Eza Ista]]>
<![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.v4i2.3174
<![CDATA[The constitutional court brought Indonesia towards a better democracy. This is due to the existence of a separate institution that specifically safeguards the dignity of the 1945 Constitution of the Republic of Indonesia as the highest norm in Indonesia, so that any actions related to the constitution can be responded specifically to the constitutional court. In addition, the position of the constitutional court in the state institutional structure as an institution that is equal to the people's consultative assembly, the house of representatives, the regional representative council, the president, the supreme court and the judicial commission has affirmed that the constitutional court is an institution that has high authority in the corridors of its authority. The research is a basic tool in the development of science and technology. This is because research aims to express the truth systematically, methodologically, and consistently. Through the research process analysis and construction of data that has been collected and processed is conducted. the problem in this research is how is the concept of constitutional complaints as a form of protection of citizens' constitutional rights, how is the alternative application of constitutional complaints authority in Indonesia. The result of this research is that constitutional complaints are one of the defense mechanisms for citizens to defend their constitutional rights through the courts against the exercise of state power.]]>
<![CDATA[Dualisme Pengaturan Mengenai Pemberhentian Pegawai Negeri Sipil ]]>
<![CDATA[Maria Arbina]]>
<![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.v4i1.3165
<![CDATA[The enactment of Law Number 5 Year 2014 on State Civil Apparatus and Government Regulation Number 11 of 2017 concerning Civil Servants Management raises a dualism of regulation regarding dismissal of civil servants. Because in addition to the two regulations, Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants still applies. This raises a polemic, whether civil servants involved in corruption are subject to penalties based on Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants or Government Regulation Number 11 of 2017 concerning Management of Civil Servants. Responding to the polemic, the Constitutional Court's decision No. 87 / PUU-XVI / 2018 concerning the Testing of Law Number 5 of 2014 concerning the State Civil Apparatus which in its consideration stated that Civil Servants were convicted of committing criminal offenses or related criminal acts with a position subject to a termination not respectfully in accordance with Government Regulation Number 11 of 2017 concerning Management of Civil Servants.]]>
<![CDATA[Kajian Tentang Penggunaan Alat Bukti Petunjuk Oleh Jaksa Penuntut Umum Dalam Perkara Pencabulan Anak ]]>
<![CDATA[Pityani Meutia]]>
<![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.v3i2.3159
<![CDATA[An indication is used to increase the judge's confidence that the accused is guilty or not. Instructions obtained from witness statements, letters and from the defendant's statement were put together, then put together and will make a clue that can strengthen the judge's conviction that the defendant is guilty or not. Not only that, evidence such as sperm found around the victim's vagina, damage to the blood membrane (hymen) and the victim's panties are also tools to strengthen evidence to prove that the victim has raped herself. It is unlikely that reports of rape will occur after a few days after the incident, because it is feared that the necessary evidence will be weak or no longer visible, making it difficult for the judge to believe that rape has occurred. 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 (content analysis method) with a focus on issues about how the legal basis the use of evidence from the Public Prosecutor as a means of proving the case of molestation of children, how is the process of using evidence from the Public Prosecutor as a means of proof of sexual abuse cases against children.]]>
<![CDATA[Keabsahan Wasiat Yang Dibuat Dengan Llsan Oleh Pewaris Pada Kajian Hukum Perdata Dan Hukum Islam ]]>
<![CDATA[Aulia Muthiah]]>
<![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.v4i2.3178
<![CDATA[Testament is often problematic in its implementation because it is usually made orally by the inheritants. Testament made orally usually results in no written evidence. In the death of the testator, the inherintants might not want to fulfill the will of the testator because it will basically reduce the amount of inheritance to be distributed to the inheritants. This research uses normative juridical method, a method that studies the legality of testament using laws, which is the book of Islamic Law Compilation and Civil Code. It aims to know the legality of the testament orally made by testator. The result of the research states that in Islamic law, testament made orally is acknowledged under the requirement that it presents two witnesses during testament process. The two witnesses can be used as evidence; however, it is concerned that the witness might die at the same time with the testator which result in the loss of evidence. In civil code, on the other hand, it is stated that all testaments should be written either using authentic deed or private deed.]]>
<![CDATA[Analisis Yuridis Pengembalian Barang Bukti Dalam Tindak Pidana Perikanan (Juridical Analysis Of Returns Of Investigation Goods Action Of Fisheries Criminal) ]]>
<![CDATA[Ibrahim Nainggolan]]>
<![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.v3i1.3144
<![CDATA[Fisheries in Indonesia is one of the natural resources which is a gift from God the Almighty that must be managed in such a way that can improve people's welfare in accordance with the provisions of the 1945 Constitution Article 33 paragraph (3) stated, "Earth and water and the natural wealth contained therein is controlled by the State and used for the greatest prosperity of the people. This writing uses normative juridical legal research methods (normative research) with descriptive analytical research specifications that use secondary data. The procedure for collecting data 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 (content analysis method) with a focus on the problem of how the enforcement system criminal law in fisheries crime, how is the legal regulation regarding the return of evidence in a fishery crime. From the results of the study, it is known that the criminal law enforcement system in fisheries is included in the special provisions with special legislation arrangements.]]>
<![CDATA[Tindakan Yang Dilakukan Terhadap Kejahatan Abortus Provocatus Menurut Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Salim Fauzi]]>
<![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.v4i1.3170
<![CDATA[The regulation of abortion in positive law in Indonesia is contained in two laws, namely the Criminal Code (KUHP) Article 299, 346, 347, 348 and 349 and regulated in Law No. 36 of 2009 concerning Health Article 75, 76.77. There is a difference between the Criminal Code (KUHP) and the Law with the formulation of a problem, namely 1. How is the Legal Regulation of Crime Abortus Provocatus? 2. Law Enforcement Against Crime of Abortus Provocatus According to Criminal Law The research method used in this study is the approach used to this problem The research material was obtained through a normative juridical approach namely legal approach by looking at regulations, both primary law and secondary law or approach to problem by looking at the prevailing laws and regulations, literature, scientific work and opinions of experts and so on.]]>
<![CDATA[Pemberian Izin Poligami Oleh Pengadilan Agama Di Indonesia ]]>
<![CDATA[Fitri Rafianti]]>
<![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.v4i1.3167
<![CDATA[Polygamy is an inexhaustible problem for discussing the rise of classical fiqh law that seems to give an opportunity to a husband in polygamy, shifts to the rules and laws of state products that not only limit and complicate, but even prohibit and categorize a problem around family law as an illegal act. On the other hand, there is an arbitrary understanding of polygamy in Islamic Family Law in Indonesia. The nature of polygamy that develops in society that does not benefit women, therefore, from the issue of polygamy and its relation to institutionalization of law it becomes important to work out that individual civilization rules have entered the realm of public law, as one of the images dynamized in Islamic law This research is a normative juridical approach that is carried out by analyzing the problems that exist in this study through approaches to legal principles, as well as referring to legal norms contained in the laws and regulations relating to the title of this research.]]>
