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INDONESIA
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
Published by Universitas Islam Sumatera Utara
ISSN : 14121255     EISSN : 26139340     DOI : https://doi.org/10.30743/jhk.v20i2.3504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Kaidah (JHK) dikelola oleh Fakultas Hukum UISU bertujuan untuk mengimplementasikan permikiran-pemikiran bidang hukum, khususnya Hukum Pidana, Hukum Perdata, Hukum Tata Negara dan Hukum Islam. Kami mengundang para Akademisi dan Praktisi dalam bidang-bidang tersebut untuk memberi kontribusinya dan meningkatkan khazanah pengetahuan hukum. JHK memiliki ISSN Media Online : 2613-9340 yang dikeluarkan oleh Lembaga Ilmu Pengetahuan Indonesia Jurnal Hukum Kaidah mencakup tulisan keilmuan dari bidang hukum yaitu: Hukum Islam Hukum Pidana Hukum Perdata Hukum Internasional Hukum Transportasi Hukum Lingkungan E-Commerce Hukum Tata Negara / Hukum Administrasi Negara Hukum Adat Hukum Acara Hukum Kesehatan Alternatif Penyelesaian Sengketa
Arjuna Subject : Ilmu Sosial - Hukum
Articles 281 Documents
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Corporate Social Responsibility (CSR) Sebagai Tanggung Jawab Sosial Nurasiah Harahap
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i2.352

Abstract

Every company or cooperation is obligatory to carry out social and environmental responsibility. Corporate Social Responsibility (CSR) is regulated in Article 1 paragraph 3 of Law no. 40 of 2007 on Limited Liability Company which reads: "Social and environmental responsibility is the Company's commitment to play a role in sustainable economic development in order to improve the quality of life and environment that is beneficial for its own feelings, the local community and the community at large". About the obligatory of business, CSR is further regulated in Article 74 of the Law of Limited Liability Company and Government Regulation no. 47 of 2012 on Corporate Social Responsibility and Environment. Keywords: Limited Company, Social Responsibility
Perbuatan Melawan Hukum Dalam Pengalihan Harta Bersama Dalam Perkawinan Ahmad Jamal Sebayang
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i3.587

Abstract

AbstractEvery transfer of rights to shared property should obtain the consent of parties, both husband and wife. This situation creates a problem, that is, how the legal provisions on the transfer of common property in marriage according to law are.Sharing of common property according to Article 35 paragraph (1) of Law No.1 of 1974, husband or wife may act upon both parties’ consent. Therefore, if one of the parties grants the shared property, he should ask for his wife’s agreement first. The transfer of common property falls into the category of unlawful act when the act is done without his wife’s agreement. Keywords: violation of law, shared property, marriage
PEMBIAYAAN MODAL KERJA BAGI USAHA MIKRO KECIL DAN MENENGAH (UMKM) DALAM PERSPEKTIF UNDANG-UNDANG NO 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH (STUDI PADA UMKM KOTA DI MEDAN) Rahmah Rahmah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 3 (2021): Edisi MEI 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i3.3986

Abstract

MSMEs are one of the main pillars of the national economy that must receive the widest possible priority, support, protection and development from the government. The financing regulations of working capital in Sharia banking are regulated based on the National Sharia Council Fatwa – Indonesian Ulema Council which is the legal basis for the collecting and the distributing funds as contained in Bank Indonesia Regulation Number 7/46/PBI/2005 concerning a fund collection and distribution agreement for a bank carrying out business activities based on Sharia principles. The problem from this research is as follows: 1) How is the arrangement of the financing of working capital for MSMEs in the perspective of the Law no. 21 of 2008? 2) How is the implementation of sharia banking financing in Medan city? 3) What are the obstacles in implementing of the financing of working capital for MSMEs in sharia banking in Medan city and what are the solutions to overcome them?            The financing of working capital in Sharia banking is difficult to obtain or access by MSMEs due to the complicated licensing bureaucracy and standard operating procedures (SOPs) which are difficult for MSMEs to fulfil. The problem is that MSMEs rarely have business permits or collateral. To overcome this, it is necessary that MSMEs need to do partnerships or companions who can help to increase the human resources of MSME actors so that they can access banking. Keywords: Financing, Working Capital, Sharia Bank
AKIBAT HUKUM HAK MENGUASAI TANAH OLEH ORANG ASING DENGAN MENGGUNAKAN NAMA ORANG LAIN (Studi Putusan No: 82/PDT.G/2013/PN.DPS) Muhammad Sahroni
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i1.3921

Abstract

Legal provisions confirm that foreigners cannot have land rights in Indonesia. As a result, foreign citizens who wish to own land in Indonesia do certain ways that are against the law to be able to own land in Indonesia. The method used by foreigners is by borrowing a name, where the foreigner is an investor and then makes a local person as a buyer to take further action to control land rights. However, the ownership of land rights is basically addressed to the foreign citizens. This means that in the practice of borrowing names related to the ownership of land rights for foreign citizens, there are efforts to deceive the government, namely by borrowing the names of local (Indonesian) people.As for the conclusion, the ownership of land rights for foreign citizens in Indonesia is only limited to the rights to use, unless otherwise determined by the government. The factor causing the ownership of land ownership rights by foreign citizens is due to legal smuggling by them of the land and building ownership in Indonesia, so that the ownership of the land and building rights in Indonesia by foreign citizens occurs with deviations from the applicable laws and regulations. The right to control land by people using other people's names has legal consequences on the land objects and the legal actions carried out by the parties. For the land objects, the land may fall to the state in accordance with Article 26 paragraph (2) of the Basic Agrarian Law. Meanwhile, the nominee agreement between a foreigner and the person whose name is borrowed is null and void.Keywords: Legal Consequences, Mastering Land Rights, Foreigners.
ANALISIS YURIDIS PENGADAAN TANAH UNTUK KEPENTINGAN UMUM BERDASARKAN UNDANG-UNDANG NO.2 TAHUN 2012 PADA PERSEROAN TERBATAS PERUSAHAAN LISTRIK NEGARA (PERSERO) (Studi Analisis Pada PT. Perusahaan Listrik Negara (Persero) Unit Induk Pembangunan Pembangkit Sumatera) T.Muhammad Aidil Hareth
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i2.3953

Abstract

Land as a gift from God Almighty is a natural resource that is needed by humans to fulfill their needs, both directly for their lives, such as farming or housing. The regulation in the field of land or in the Basic Agrarian Law does not only regulate land for each individual. However, there are arrangements for land used for public purposes. The use of land for the public interest which is currently very urgent is for power generation, transmission, substations, networks and distribution of electricity. The need for power generation, transmission, substation, network and distribution of electricity is a basic need. This is because Indonesia has a shortage of electricity.How is the regulation of Land Procurement for the public interest according to the Law no. 2 of 2012 concerning Land Procurement for the Public Interest, what factors that become the obstacles in Land Procurement by Limited Liability Company of Perusahaan Listrik Negara (Persero) Sumatra Power Plant Development Main Unit, What is the solution in overcoming the obstacles in Land Procurement by Limited Liability Company of Perusahaan Listrik Negara  (Persero) Sumatra Power Plant Development Main Unit.The arrangements for Land Procurement for the public interest are regulated in Law no. 2 of 2012 concerning Land Procurement for the Public Interest. The factors that become obstacles in Land Procurement in the Limited Liability Company of Perusahaan Listrik Negara Sumatra Power Plant Development Main Unit are due to the weak regulation of land acquisition, in which the government still tends to appear dominant as the implementer of development compared to the community and cultural and community factors that cause the emergence of the antithesis of attitudes and behavior. The behavior of the community is in the form of rejection of government policies in land acquisition. The solution in overcoming obstacles to Land Procurement by a Limited Liability Company, Perusahaan Listrik Negara  (Persero) Sumatra Power Plant Development Main Unit (PT. PLN UIP KITSUM) is: There must be a Joint Commitment between the Government and Land Owners Regarding Development Plans Categorized as Public Interest, a socio-economic survey is needed communities in locations designated as Development for the Public Interest, development of community economic activity programs (popular economy), land acquisition policies for the public interest must contain the spirit of a balance of rights and obligations between the government and land owners as mandated by Article 6 of the Basic Agrarian Law.Keywords: Land, Land Acquisition, Agrarian.
Bunga Bank Konvensional Dan Pasar Modal Syariah Dalam Perspektif Hukum Islam Supaino Supaino
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 2 (2021): Edisi Januari 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i2.3616

Abstract

This paper aims to examine the problems of conventional bank interest and the Islamic capital market in the perspective of Islamic law. The debate regarding the concept of interest and usury against additional rewards (benefits) from conventional banking products and the Islamic capital market has become a polemic in the life of Indonesian Muslim communities. The opinion of the scholars in addressing interest in the context of conventional banking and usury has generated its own debate, as well as the capital market in the perspective of sharia. This research is a literature research using both classical and contemporary fiqh books, holy books and journals regarding conventional bank interest and Islamic capital markets which are analyzed descriptively. In conclusion, conventional bank interest is a part of a form of usury which is prohibited, although there are differences of opinion among scholars in it. Likewise, the capital market, while it related to the Islamic capital market, there are various opinions of Islamic law scholars and it has given birth to the decision of Majma 'Fiqh. Keywords: Conventional Bank, Sharia Capital Market, Islamic Law
MEKANISME PENGGUNAAN HAK INTERPELASI OLEH DEWAN PERWAKILAN RAKYAT DAERAH SUMATERA UTARA Atika Sunarto
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 3 (2021): Edisi MEI 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i3.4003

Abstract

DPRD is the people's representative which is formed as a forum for the people in the region to share their aspirations. DPRD as a legislative institution in carrying out its functions has rights as regulated and stipulated in Article 159 to Article 160 of the Law Number 23 of 2014 concerning Regional Government, including the interpellation rights as the subject matter of this journal. Based on the background described above, this research will discuss how is the mechanism of the use of the interpellation rights by the Regional People's Representative Assembly of North Sumatra, and how are the interpellation rights and the legal obligations regarding the Regional Government. The reason of the DPRD of North Sumatera in using the authority of the interpellation right is because of the Regional Government's policy regarding BDB in the 2013 APBD. After the interpellation right was carried out, the results of the DPRD for North Sumatra Representatives received the Governor's answer and assumption that the importance of the Lower Assistance fund was to assist the regions in North Sumatra in carrying out the development. The mechanism of the use of the interpellation rights by the DPRD of North Sumatra is proposed by at least 15 (fifteen) DPRD members or more than 1 (one) faction. The proposal is accompanied by a document containing the policy material and the reasons for the inquiry request. The proposal from the DPRD leadership is submitted to the DPRD plenary meeting. The decision to approve or reject an application submitted to the Governor is determined in a plenary meeting of the DPRD. The legal consequences or consequences of the DPRD's interpellation rights largely depend on the facts and the evidence revealed in the investigation process and also on the DPRD members' analysis of the facts and evidence that have been revealed. If the DPRD members judge that the local government's actions are appropriate and correct, the questionnaire committee will provide support for the government's policy. Keywords: Interpellation Rights, Regional People's Representative Assembly of North Sumatra
ANALISIS YURIDIS KESEPAKATAN MENENTUKAN HARGA ANTAR PENGUSAHA SEPEDA MOTOR (MATIC) PERSPEKTIF HUKUM PERDATA Haris Yanis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i3.3895

Abstract

Based on the provisions regarding the legal requirements of an agreement as regulated in Article 1320 of the Civil Code, then in an agreement, the conditions for the validity of the agreement specified in the law of the article must be fulfilled. The conditions for the validity of the agreement as regulated in Article 1320 of the Civil Code are cumulative; it means that the non-fulfillment of one of the conditions of the provisions of the article will result in the cancellation or the agreement can be cancelled. This study aims to determine the legal provisions of the agreement in determining the price of an item among businessmen in the perspective of the Civil Code, and the validity along the legal consequences of an agreement or on agreements in determining the price of motorcycle among motorcycle entrepreneurs based on the Civil Code.From a civil law perspective, the alleged occurrence of a cartel carried out between PT. Yamaha Indonesia Motor Manufacturing (PT. YIMM) and PT. Astra Honda Motor (PT AHM) in selling automatic motorcycles type 110-125 cc has not fulfilled the elements of Article 5 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In this case, KPPU has not been able to fully prove the existence of an "agreement" between PT. Yamaha Indonesia Motor (PT. YIMM) and PT. Astra Honda Motor (PT AHM) in determining the price agreement. The legal consequence of price agreement in determining the prices based on a civil law perspective is an act that is against the law, namely Law no. 5 of 1999, so that an agreement or on agreements in determining the prices is an agreement or on agreements that is contrary to the law, which has legal consequences of the cancellation or get the cancellation of the agreement.  Keywords: Agreement, Motorcycle Entrepreneur, Civil Law.
Tindak Pidana Penyerobatan Tanah Dalam Perspektif Hukum Pidana Muhammad Ridwan Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 2 (2021): Edisi Januari 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i2.3661

Abstract

The title of this Journal is "The Crime of Land Grabbing in a Criminal Law Perspective". The research problems studied in this thesis are how to regulate the crime of land grabbing, how is law enforcement against the crime of land grabbing. The research method used in this research is to use normative juridical research sourced from library research using secondary data which consist of primary legal materials, secondary legal materials and tertiary legal materials.The result of the research shows that the regulation of thecrime of land grabbingis regulated in a number of provisions concerning the crime of land grabbing which is regulated in some provisions of the legislation, including Law Number 51 Prp. 1960 states that the use of land without a permit with the right or legal power is prohibited and punishable by criminal penalties (Article 2 and Article 6) and it is regulated in the Criminal Code in several articles, namely Article 167, Article 242, Article 263, Article 264, Article 266, Article 274, and Article 385 of the Criminal Code.. Law enforcement against the crime of land grabbing is subject to Article 385 of the Criminal Code which is the only article directly related to the land grabbing and is categorized as a criminal offense. Particularly in Article 385 paragraph (1) of the Criminal Code which reads: "whoever with the intention of illegally benefiting himself or another person, sells, exchanges or burdens with credietverbandsomething right to Indonesian land, a building, construction, planting or seeding, even though it is known that it is someone else who owns or shares rights over it. Keywords : Crime, Land Grabbing, Criminal Law.
AKIBAT PERPISAHAN KEDUA ORANG TUA YANG DISEBABKAN PERSELINGKUHAN Herlina Hanum Harahap
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 3 (2021): Edisi MEI 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i3.4018

Abstract

It is natural that two human beings of different sexes, a man and a woman will be attracted to each other to form a life together in the household with the aim of forming a happy, peaceful, and prosperous family. However, human hopes cannot always be fulfilled as what they aspire to as that hope is only a mere hope without being able to be realized into reality. In the Law No. 1 of 1974 provides an understanding of marriage. Article 1 states that 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 Belief in the one and only God. Keywords: Divorce, Infidelity

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