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 Bagi Konsumen Dalam Jual Beli Secara Online ]]>
<![CDATA[Budi Bahreysi]]>
<![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.v3i2.3157
<![CDATA[Buying and selling is a legal act related to the transfer of ownership rights to goods that are objects of sale and purchase. In general, buying and selling activities are subject to the legal provisions stipulated in Chapter V of the Civil Code (Civil Code). In Chapter V of the Civil Code it is regulated about the notion of buying and selling, the limits of buying and selling to the obligation of the seller and the buyer in a sale and purchase transaction that he has done. At this time the development of the era is increasingly fast and complex, very influential on the needs of every human being. This progress was marked by developments in the field of science and technology that made it easier for humans to communicate remotely. And for these consequences many legal events were born as a form of improvement over the shortcomings that had been a barrier for everyone. Buying and selling now no longer need to be done face to face, but can be done remotely without having to see without even knowing each other before.]]>
<![CDATA[Syarat Objektifitas Dan Subjektifitas Penangguhan Penahanan ]]>
<![CDATA[Padian Adi]]>;
<![CDATA[Ismail Koto]]>
<![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.v4i2.3175
<![CDATA[Requests for suspension of detention can be granted with conditions that must be met. The requirements that must be met by the applicant for detention suspension are 2 (two) conditions, namely subjective conditions and objective conditions. The subjective condition referred to is the existence of subjective judgments made by the investigator or public prosecutor or judge to assess the reason for the applicant's suspension of detention granted or rejected. Whereas the objective requirement is that there is a guarantee in accordance with Article 31 of the Criminal Procedure Code which states that an authorized official at the examiner's level can suspend detention. 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 problem of how objective conditions are and the subjectivity of detention suspension in the Criminal Procedure Code (KUHAP) in Indonesia. From the results of the study it is known that the objective and subjective conditions of suspension of detention in Indonesia are suspects must fulfill the conditions specified in the explanation of Article 31 of the Criminal Procedure Code (KUHAP), which is the requirement for reporting, not leaving the house and / or not leaving town the terms of subjectivity include consideration of institutional officials asking for money guarantees and / or guarantees of people. Consideration of objectivity, namely the suspect is not worried about escaping, damaging or removing evidence and will repeat the action. Consideration of subjectivity, namely the suspect is willing to sign and fulfill the terms of detention suspension ]]>
<![CDATA[Penuntutan Requistoir Bagi Pelaku Tindak Pidana Narkotika ]]>
<![CDATA[Fauzi Iswahyudi]]>
<![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.v3i1.3146
<![CDATA[Prosecution of an event or criminal act, including narcotics crime is a function carried out by the Prosecutor's Office, in this case by the public prosecutor. Prosecution is the act of the public prosecutor delegating a criminal case to a competent district court in terms of and according to the method stipulated in the Criminal Procedure Code. The prosecution of the defendant in a narcotics crime case, it is not uncommon for the prosecutor to prosecute with varying demands even though the provisions of the Article charged against the defendant are the same. The difference in demands for punishment in prosecution carried out by public prosecutors is certainly based on various considerations and can be accounted for. 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).]]>
<![CDATA[Perlindungan Terhadap Produktivitas Hartadalam Sistem Kewarisan Islam (Analisis Terhadap Maqasid Asy-Syari’ah Dan Kalkulasi Fara’id) ]]>
<![CDATA[Indra Indra]]>
<![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.v4i1.3166
<![CDATA[Islamic inheritance law is one of the most interesting topics to be studied because the Republic of Indonesia is a country with a population that is predominantly Muslim, in addition to the many disputes caused by Islamic inheritance law it is also the duty of academics to study this issue so that later it can become a source law in the future. On this occasion the author will examine or discuss how to protect productivity of Islamic inheritance, productivity means that something can be produced which of course the result is the right of one heir or another heir has the same rights. This will be studied using two theories from two different but closely related disciplines, Jurisprudence and other Jurisprudence. First, the method of istiṣlāḥiyyah which refers to maqāṣid ash-syarī‘ah hifẓ al-māl. Second, the istiqrā method or analysis of the farā‘iḍ calculation theory in the fiqh of the four schools.]]>
<![CDATA[Perjanjian Build Operate And Transfer (Bot) Lapangan Merdeka Medan Dalam Pandangan Hukum Adminsitrasi Negara Dan Hukum Bisnis ]]>
<![CDATA[Rahmat Ramadhani]]>;
<![CDATA[Ramlan Ramlan]]>
<![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.v4i2.3182
<![CDATA[The BOT agreement is an agreement between the government and investors in terms of mastering and utilizing state assets in the form of land. This writing uses the normative juridical legal research method (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 using a legal approach through content analysis method with a focus on the issue of how the application of the BOT principle in the cooperation agreement on development and management of Merdeka Field between Pemko Medan and the private sector? and what is the view of State Administrative Law and Business Law on the BOT agreement in the development and management of Merdeka Field between the Pemko Medan and the private sector ?. From the results of the study it is known that the cooperation agreement between Pemko Medan and the Private Party has implemented the BOT principle by fulfilling the elements of building, managing and submitting the results of development and management by the Investor to Pemko Medan. Furthermore, the said BOT agreement is viewed from the State Administrative Law, an official act of the State administration that has dimensions of public law and private law. Whereas in the view of Business Law the BOT agreement must equally benefit both parties who make the agreement.]]>
<![CDATA[Analisis Yuridis Penyelenggaraan Izin Pemanfaatan Ruang (Study Pada Penyusunan Peraturan Daerah Tentang Izin Pemanfaatan Ruang Kabupaten Labuhan batu) ]]>
<![CDATA[Yuli Rosdiana]]>
<![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.v3i1.3149
<![CDATA[Control of spatial use is as an integral part of the spatial planning process. The use of space in various regions in Indonesia, in its implementation is often or not in line with the stipulated spatial plan. Several factors that influence the discrepancy include pressure on market development towards space, unclear control mechanisms and weak law enforcement against violations that occur. The tendency of spatial use deviations can occur because the spatial plan product does not pay attention to the implementation aspects or vice versa that spatial use is less concerned with the spatial plan that has been set. This writing uses normative juridical legal research methods (normative research), namely legal research conducted by examining library material or secondary data. The research specifications in this writing are descriptive analytical research. Descriptive is to show the comparison or relationship of a set of data with another set of data, and the purpose is to provide an overview, examine, explain and analyze. The Impact of Regional Regulations on Permit for Spatial Utilization of regional finance will cover two things, namely increasing regional income sources and burdening finance area.]]>
<![CDATA[Konsep Tanggung Jawab Serta Peranan Negara Terhadap Kesejahteraan Rakyat (Persepektif Hukum Internasional dan Ekonomi Islam) ]]>
<![CDATA[Halimatul Maryani]]>;
<![CDATA[Adawiyah Nasution]]>
<![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.v3i1.3147
<![CDATA[State is an organization that has territory, a gathering of people, government institutions and people's recognition to the state which aims to realize justice, provide legal certainty, provide order and security for the people (the people). This writing uses the normative juridical legal research method (normative research. The specification of the research in this paper is analytical descriptive research. The aim is to provide an overview, study, explain and analyze. The problem in this research is how the concept of responsibility and the role of the state towards the perspective of people's welfare from international law and Islamic economics, the Islamic view of state institutions or institutions cannot be separated from the integrated collective concept contained in the moral foundation and Islamic sharia provisions, for example the concept of brotherhood (ukhuwah), enlightenment (tausiah), leadership (khilafah) is the basis for the development of Islamic institutions in the form of the State, meaning religion is the basis or principle as a belief in the relationship of monotheism with Strength as the Creator (khaliq).]]>
<![CDATA[Efektivitas Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal Dalam Perlindungan Konsumen ]]>
<![CDATA[Fajaruddin Fajaruddin]]>
<![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.v3i2.3151
<![CDATA[Law No. 8 of 1999 concerning Consumer Protection provides protection for consumer rights. Among these protections is the necessity of halal labels on every food and beverage product. Violation of halal labeling is a mistake made by businesses against the inclusion of halal labels in the publishing of products and services. In fact there are still many food and beverage products that use illegitimate ingredients, or in other words there are still many food and beverage products that are still in crisis from halal. The Law No. 33 of 2014 Concerning Halal Product Guarantee Law is a refinement of the law which previously regulated the necessity for halal smelting. This law is expected to be a more perfect rule in protecting consumers from illicit products.]]>
<![CDATA[Pelaksanaan Sita Jaminan Terhadap Objek Sengketa Yang Berada Di Tangan Pihak Ketiga Dalam Penanganan Perkara Perdata ]]>
<![CDATA[Teguh Syuhada]]>
<![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.v4i1.3163
<![CDATA[Civil procedure Code regulates an institution called the seizure of property (conservatoir beslag) which is regulated in Article 261 RBG or 227 Paragraph (1) HIR. Article 261 The RBG explains as follows: If there are reasonable grounds, that a person is in debt, before the decision is made, or before the verdict that defeats it cannot be implemented, but in order to provide certainty and a sense of justice for the parties in the civil case the role of the institution is needed confiscation guarantee. The confiscation institution is considered able to keep the disputed goods from the defendant's actions so that it can guarantee the plaintiff's interests can be protected. In practice the seizure guarantee in the lawsuit is granted by the judge and declared valid and valuable will automatically become executorial seizure in order to support the decision. Parties with an interest in the rights of the object disputed in a civil suit shall, at the request of the person concerned, the Chairperson of the District Court give the order to confiscate the object of the dispute in order to safeguard. In practice, seizure guarantees do not always go well, especially for collateral seizure, where the object of the dispute is in the hands of a third party, so that the importance of reviewing the confiscation process is in the hands of third parties in the object of handling civil cases.]]>
<![CDATA[Penyelesaian Sengketa Pembiayaan Dengan Objek Jaminan Hak Tanggungan Pada Bank Syariah Di Kota Malang ]]>
<![CDATA[Nur Islamiyah Puspasari]]>;
<![CDATA[Novilia Safitri Dewik]]>;
<![CDATA[Sinta Amipatul Aisiyah]]>;
<![CDATA[Nur Putri Hidayah]]>
<![CDATA[ DE LEGA LATA: JURNAL ILMU HUKUM Vol 5, No 1 (2020): Januari - Juni ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Utara ]]>
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DOI: 10.30596/dll.v5i1.3371
<![CDATA[In financial agreement, a bank as creditor has the authority to ask a client as debtor to place a guarantee such as a mortgage guarantee based on the Article 8 of Banking Regulation. Based on the Article 20 of Law of Mortgage, the availability of mortgage guarantee enables the bank to execute the object of guarantee when the debtor is in default. However, a concrete regulation concerning on the resolution procedure of banking dispute has not been stipulated. The only reference for this issue is the Regulation of OJK (Financial Service Authority) Number 1/POJK/.07/2014 pertaining to the Alternative Institution for Dispute Resolution in Financial Service Sector (POJKLAPS). The problem is, the institution only exists in Jakarta. In fact, there are many cases where the debtors considered themselves as the victim of banking crime due to unclear procedure of the execution of the object of guarantee. This study aimed to investigate the procedure of financial dispute resolution with the object of mortgage guarantee in sharia banks in Malang City and to figure out the constraints encountered during the process.]]>
