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INDONESIA
DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law.
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Articles 134 Documents
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Analisis Terhadap Perkawinan Beda Agama Pasca Diberlakukannya Sema Nomor 2 Tahun 2023 Wulandari, Yossi; Nazar, Jasman
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11457

Abstract

The purpose of this study is to discuss the position of interfaith marriage according to Law Number 1 of 1974 concerning Marriage. Analysis of the circular letter SEMA Number 2 of 2023. The method used in this study is This study uses a normative research type with a statutory regulatory approach, cases and conceptual which are analyzed descriptively qualitatively. The results of the study are that the position of interfaith marriage in the Marriage Law returns to each religion and the circular issued by the Supreme Court has a major impact on society. SEMA Number 2 of 2023 is one way to end the polemic of interfaith marriage even though this interfaith marriage will continue to raise issues both in terms of population administration and in terms of Human Rights. However, with the existence of SEMA Number 2 of 2023, all judges are required to comply with these regulations and if they do not comply, the judge can be subject to sanctions by the Supreme Court Supervisory Body with various sanctions from light sanctions to heavy sanctions. Then, from a utilitarian perspective, SEMA Number 2 of 2023, these regulations lead to the degradation of the rights of citizens who will get married
Tinjauan Pertimbangan Hakim dalam Memutuskan Perkara Wanprestasi pada Perjanjian Kredit Mobil Yang Dilakukan Debitur Terhadap PT. BANK PAN INDONESIA TBK (Studi Putusan Nomor 16/ Pdt.G/2022/PN.Tjk) Hidayat, Rian Taufik; Anna Marpaung, Lintje
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11516

Abstract

This article seeks to examine the mechanism for settlement of default cases on car loan agreements and the judge's considerations in deciding a default case on a car loan agreement carried out by a debtor against PT. Bank PAN Indonesia based on Decision Number 16/Pdt.G/2022/PN.Tjk. The dialogue approach in this research is Juridical Normative, that is, an approach through library research (Library Research), or document study by examining and studying the rules or norms, rules, applicable legislation, and literature related to the issues at hand. researched and empirical approach, namely the approach carried out through direct research on research objects in order to collect primary data obtained directly in the field, through observation and interviews with informants related to the problems to be discussed in the research.
Perlindungan Hukum Data Pribadi dan Pertanggungjawaban Otoritas Terhadap Keamanan Siber Menurut Tinjauan UU PDP Usman, Noval; Satria Unggul Wicaksana Prakasa
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11627

Abstract

The issue of cyber security and personal data in Indonesia is a problem that cannot be underestimated. The National Cyber ​​Security Index (NCSI) report noted that Indonesia's cyber security index score was 38.96 points out of 100 in 2022. This figure places Indonesia in the 3rd lowest ranking among the G20 countries. The legal issues in this research are: Responsibility of cyber security actors for leaks of personal data within a company and what form of legal protection in Indonesia exists in maintaining the security of personal data. The research method uses a socio-legal approach to identify IT and law. The results of this research show that cyber security actors in a company can be held accountable in accordance with Article 30 of the PDP Law and are responsible for leaking personal data and managing users' personal data within the company. The form of legal protection for individuals in safeguarding personal data is in the form of a legal product, Law Number 27 of 2022 (PDP Law).
Kawin Kontrak dalam Perspektif Hukum Perdata dan Akibat Hukumnya Tedi Siswanto, Cecep
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11915

Abstract

Marriage is considered sacred and eternal because individuals unite in a bond governed by law and moral values to form a happy family. In practice, there is a phenomenon of contract marriage that violates these principles. Contract marriage or contract marriage is an interesting issue to be studied in the context of civil law in Indonesia. This study examines how contract marriages in the perspective of Civil Law and their legal consequences. The research method used is a qualitative approach using data from primary and secondary legal materials. This research examines the phenomenon of contract marriage in the perspective of civil law, especially in the context of Indonesian law and its legal consequences. The results showed that the contract marriage agreement in civil law did not fulfill the validity requirements of the agreement in Article 1320, namely the objective requirements so that the contract marriage agreement was null and void. The legal consequences of the end of contract marriage result in the wife and children not having legal rights, legal protection, financial losses and difficulty accessing the rights that should be owned in a legally valid marriage.
Studi Normatif: Efektivitas Dan Keadilan Sosial Dalam Peraturan Hukum Pidana Narkotika di Indonesia Mayanita, Ulfa; Zulfiko, Riki
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11948

Abstract

Drug abuse is a serious issue in Indonesia despite being regulated by law. Despite strict law enforcement efforts, including the death penalty for offenders, drug abuse remains rampant. This studi aims to examine the effectiveness and social justice of narcotics criminal law regulations in Indonesia. Through a normative approach, this study uses library research data and qualitative analysis. The result show that although the number of drug cases continues to increase, strict law enforcement has not been fully successful in addressing this issue. Additionally, narcotics criminal law enforcement policies have not always refelected the principle of social justice, particularly in term of rehabilitation and treatment of offenders. A more restorative justice approach is needed to addres this problem. This approach will emphasize rehabilitation, social reintegration, and prevention of drug abuse rather than focusing solely on punishment. Thus, it is hoped that more effective and just solutions can be achived in addressing the drug problem in Indonesia.
Dampak Digitalisasi Terhadap Produk UMKM dalam Menghadapi Tantangan Peniruan Dihubungkan dengan Hak Kekayaan Intelektual Najah, Nurun
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11954

Abstract

The purpose of this study is to understand the challenges and importance of UMKM results in Adapting to the Digital Era. The research methodology used is the normative legal research methodology, namely the application of secondary data in the form of articles or books, to complement primary data on laws originating from regulations, and secondary data on laws originating from articles or books. The results of this study are that digitalization has a positive impact on UMKM business actors, because their products are easy to be famous and known to many people, but it can also be negative when viewed from an IPR perspective. The negative is that products that do not violate IPR, are of good quality, good, and have no protection system will give birth to imitation or counterfeit products elsewhere. Digitalization has a huge impact on UMKM, making it easy for UMKM to run their businesses, but not only positive impacts are obtained, negative impacts such as imitation by other parties cannot be denied, to avoid these problems, MSMEs should register their business brands because protecting a brand is very important because the brand functions as an identification mark that identifies the source of goods and services and the relationship between products and producers.
Analisis Hukum Terhadap Tindak Pidana Bully dan Pencegahannya Dilingkungan SDN 22 Lumban Suhisuhi Kecamatan Pangururan Samosir Hutabalian, Maslon
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.12314

Abstract

Current technological developments not only have a positive impact on society, but often have a negative impact and even have a worse impact, especially among elementary school children. One of the effects of technological progress that can have a negative impact on elementary school students is the use of gejets and the like which are free from control from parents, especially from the school, this can provide opportunities for children at the elementary school level to misuse them. something simple that is easy to pay attention to is giving or sending messages, comments containing ridicule and bullying via WhatsApp, Facebook, etc. without any limits. In the elementary school environment, it tends to occur and is most often found in acts called bullying, both between fellow students and from teachers to students, so that this actually does not need to happen to elementary school children and can be avoided by taking preventive measures from an early age. The urgency of this research was carried out to determine the legal analysis of criminal acts of bullying and their prevention, which aims to ensure that students at elementary school level, especially SD No. 22 Lumban Suhi-Suhi, do not experience bullying and can make prevention efforts.
Pelanggaran Hak Cipta Drama Korea Melalui Platfrom Tiktok Dihubungkan dengan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Suryani, Ani
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i1.12002

Abstract

This study aims to discuss the types of copyright infringement of video content on the TikTok platform and law enforcement for copyright infringement of video content on TikTok. The method used is normative law used to juxtapose laws and conceptual, using data collection in the form of secondary data. The results found that violations of property rights by sharing Korean dramas in the form of unauthorized video cuts through creators or copyright holders resulted in a decrease in ratings on legal streaming platforms and uploading Korean dramas that were watched by thousands of people without any royalties. Regulations to protect creators and copyright holders of their creations Law No. 28 of 2014, but in the complaint using a complaint offense so that the creator and copyright holder must directly report that there is a copyright infringement, as well as TikTok must first have a user report reporting that the content contains copyright infringement, this makes the freedom of irresponsible individuals increasingly free because the creators and copyright holders do not report it, so that copyright infringement committed on TikTok is considered commonplace.
Penegakan Hukum Terhadap Warga Negara Asing yang tidak Melaporkan Perubahan Status Sipil ke Kantor Imigrasi Kelas II Non Tempat Pemeriksaan Imigrasi Agam Putri, Aldila; Zulfiko, Riki
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i1.12476

Abstract

The purpose of this study is to discuss the law enforcement against immigration violations in the area of the Class II Non-TPI Immigration Office in Agam and the factors that hinder law enforcement against immigration violations. The method used in this research is descriptive with an empirical juridical type of research, using a qualitative approach. The data was obtained through interviews with the Head of the Intelligence and Immigration Enforcement Section (INTELDAKIM) at the Class II Non-TPI Immigration Office in Agam. The research findings indicate that there are difficulties faced by the INTELDAKIM division in processing law enforcement against violations committed by foreign nationals. These difficulties include a lack of personnel in the INTELDAKIM division to handle the cases, as one of the members is currently undergoing training as an investigator, which creates an imbalance between law enforcement and the number of foreign nationals entering the jurisdiction of the Class II Non-TPI Immigration Office in Agam. Another challenge is the lack of public attention in reporting violations committed by foreign nationals
Proses Penyidikan Terhadap Pelaku Tindak Pidana dengan Penyandang Tuna Rungu di Satuan Reserse Kriminal Polisi Resor Kota Bukittinggi Fakhrul, Muhammad Fakhrul Hidayat; Yustrisia, Lola; Munandar, Syaiful
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i1.12477

Abstract

The purpose of this study is to discuss the implementation of legal protection during the investigation process at the Bukittinggi City Police Resort for offenders with hearing disabilities and the challenges and efforts experienced by investigators in conducting investigations on offenders with disabilities. Law No. 19 of 2011 on the Ratification of the Convention on the Rights of Persons with Disabilities serves as a reference for protection for persons with disabilities. This research method is empirical juridical with a qualitative approach. Data were obtained through interviews and document studies conducted at the Criminal Investigation Unit of the Bukittinggi City Police Resort. The findings of the study show that there are slight differences in the investigation process between normal individuals and those with disabilities. Challenges faced by investigators include difficulty in communicating with the offender due to their being speech or hearing impaired. The efforts made by the investigators include calling in a special interpreter to assist in the investigation process. This research provides information on the legal protection for offenders with disabilities during the investigation process.

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