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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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PERJANJIAN YANG DIBUAT DALAM TAHANAN SEBAGAI PENYALAHGUNAAN KEADAAN DITINJAU DARI KUH PERDATA (Studi Putusan Mahkamah Agung No. 2356 K/PDT/2008) Hefni Agustiani
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.v18i1.3922

Abstract

In making an agreement, sometimes one of the parties that make the agreement is not free to determine his will in the agreement. As a result, the agreement does not meet the subjective requirements as stipulated in Article 1320 of the Civil Code. The circumstances in which a person is in an unbalanced position in making an agreement, in civil law doctrine, are known as a form of abuse of circumstances, including making agreements made in the custody. This study aims to determine the legal rules for agreements which is made in the custody in the perspective of civil law and analyze the validity and the legal considerations of the Supreme Court in making the decision to cancel the agreement made by the parties in the verdict of the Supreme Court no. 2356 K/PDT/2008. As for the conclusion, the agreement made in the custody does not fulfill the requirements of the will, as specified in Article 1320 of the Civil Code, which places the element of will as the main element that must be fulfilled in the agreement. In addition, the agreement made in the custody is a form of abuse of circumstances carried out by one party against another party. The validity of an agreement can be seen whether or not the conditions for the validity of the agreement that have been stipulated in the Civil Code are fulfilled. Agreements made in the custody do not fulfill the main requirements of an agreement, which an agreement is based on the freedom of will of each party. Agreements made in the custody do not fulfill the requirements of the will, therefore the agreement in the custody can be said to be invalid, and cancellation can be requested. Keywords: Agreement, In Custody, Abuse Of Circumstances. 
PERTANGGUNGJAWABAN PIDANA TERHADAP PENGUSAHA YANG MEMBAYAR UPAH LEBIH RENDAH DARI UPAH MINIMUM (Studi Kasus Putusan Nomor 1662/PID.B/2015/PN.LBP) Jon Nedi Piliang
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.v17i2.3952

Abstract

Wage or remuneration is a problem that has never been solved until now. Wages are given as income that fulfills a decent living for workers. The government establishes a wage policy that protects workers through a minimum wage policy. The minimum wage is the minimum standard of wages by the entrepreneur to all workers based on the provisions in a certain area. The minimum wage in question has a form of conformity between the needs of a decent life by taking into account productivity and economic needs in accordance with Article 43 PP No.78 of 2015 concerning wages. What are the legal procedures and arrangements regarding the payment of wages by the entrepreneur according to the Law No. 13 of 2003 concerning employment and how is criminal responsibility for the entrepreneur who pay wages lower than the minimum wage (Case Decision No. 1662/PID.B/2015/PN.Lbp) as well as the role of the Civil Service Investigator in dealing with the problems of entrepreneurs who pay lower wages than the minimum wage.Wage procedures are based on the need for a decent living, one of them is the minimum wage setting policy by the government. Legal arrangements regarding payment of wages by the entrepreneur are regulated in Articles 88 to 98 of Law No. 13 of 2003 concerning Manpower with criminal provisions formulated in Articles 185-187 of Law No. 13 of 2003 concerning Manpower. The entrepreneurs who pay wages lower than the minimum wage in the Decision No. 1662/PID.B/2015/PN.Lbp convinced that he was guilty of violating the provisions in Article 90 paragraph (1) of Law No. 13 of 2003 concerning Manpower and had fulfilled the elements contained in Article 185 of Law No. 13 of 2003 concerning Manpower. The perpetrator is sentenced to imprisonment for 1 (one) year. The perpetrators can be held accountable for it by the reason that the perpetrator is able to take liability (physically and mentally healthy), there is an error, there is no excuse for forgiveness, the Civil Service Investigator of Manpower has the authority to resolve cases of entrepreneurs who pay wages lower than the minimum wage based on Article 182 of Law no. 13 of 2003 concerning employment. Employment Civil Servant Investigators (PPNS) must be more pro-active and professional and responsive in protecting the rights of workers/workers and judges should consider the losses incurred by workers/laborers who do not receive their salaries or rights in accordance with the minimum wage..Keywords: Criminal Liability, Entrepreneurs, Minimum Wage.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Kekerasan Dalam Rumah Tangga (Studi Penelitian Pada Polrestabes Medan) Syarifuddin Syarifuddin
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.v20i2.3647

Abstract

The purpose of law enforcement is to harmonize the relationship of the values that are outlined in the rules, and to create, maintain and preserve peace in social life. Women and children are very vulnerable to becoming victims in all forms of violence or criminal acts, including violence in the domestic sphere. This research is descriptive analysis because it only explains about legal arrangements, law enforcement, as well as barriers and efforts to enforce the law by Medan Police against perpetrators of criminal acts of domestic violence (Research Study at Medan Police).The regulation of domestic violence law is contained in the Article 4 of Law of the Republic of Indonesia Number 23 of 2004 concerning Domestic Violence which states that the purpose of domestic violence is to prevent all forms of domestic violence, protect victims, take action against perpetrators, and maintain the integrity of the household. The application of the law by the police against the perpetrators of criminal acts of domestic violence prioritizes prevention, protection of victims, and maintaining household integrity. Barriers and efforts in law enforcement are that the regulations contained in PKDRT Law have not been integrated with other statutory regulations for law enforcement against criminal acts of domestic violence, so that the police strive to deal with restorative justice in order to improve and maintain the integrity of the households of the people dealing with the law.Keywords: Law Enforcement, Perpetrator, Criminal Acts, Domestic Violence
Kajian Hukum terhadap Perempuan Pengedar Narkotika dalam perspektif Kriminologi (Studi di Lembaga Pemasyarakatan Perempuan Klas IIA Tanjung Gusta) iin Hotprinauli Purba
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.v20i3.4002

Abstract

Narcotics is a drug that is indispensable in the field of medicine and science but can also lead to dependence on narcotics if used without careful limitation and supervision. In the implementation of health services, narcotics play an important role because these narcotics are used for the benefit of science, research, development of education and teaching so that they need supervision in the circulation of narcotics in Indonesia. Narcotics dealers are people who carry out the distribution and delivery of narcotics. Broadly, the definition of "dealer" can also be done and oriented to the dimensions of the seller, the buyer to circulate, transport, store, control, provide, carry out the act of exporting and importing Narcotics.Narcotics addicts in Indonesia continue to increase, this is inseparable from the role of narcotics dealers, in fact it can be said that the root of the high number of narcotics addicts in Indonesia comes from the increasing circulation of illegal narcotics in the community. The phenomenon of narcotics crimes committed by women has now been seen as a critical issue considering the number that continues to grow from time to time. The involvement of women in narcotics abuse has been very dangerous so that researchers conducted a thesis research entitled "Legal Review of Women Narcotics Dealers in the Criminology Perspective (Study at Tanjung Gusta Class IIA Women's Penitentiary)"Researchers suggest an understanding of the responsibility of fostering prisoners with all parties, particularly components in the criminal justice system such as the police, prosecutors and judiciary by actively involving the community, and the need for participation of the government and the private sector in efforts to deal with obstacles faced by prisons.Keywords:  Distributors, Narcotics, Women, Correctional Services.
ANALISIS YURIDIS PEMBATALAN PERJANJIAN KERJASAMA SECARA SEPIHAK SEBAGAI PERBUATAN MELAWAN HUKUM (Studi Kasus Putusan Pengadilan Negeri Padangsidimpuan No. 24/Pdt.G/PN. Psp) Naswardi Sihaloho
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.v17i3.3896

Abstract

Regarding to the cancellation of the agreement, in civil law, it is regulated about the cancellation of an agreement, as stated in Article 1266 of the Civil Code that the condition for an agreement to be canceled by one party is that the agreement must be reciprocal, there is a default, and the cancellation must be requested to the judge. If the cancellation which is made does not meet the conditions stipulated in Article 1226 of the Civil Code, then the agreement can be said to have conflicted with the legal principles and provisions stipulated in the Civil Code.As for the conclusion, the decision of Padangsidimpuan District Court No. 24/Pdt.G/2014/PN.Psp, the elements of unlawful acts have been fulfilled relatively, it's just that the losses that occurred in this case did not mention any immaterial losses. The act against the law in this case has not yet fully occurred. The legal consequences of unilaterally canceling an agreement that are not based on a clear reason can be sued as an act against the law or a breach of contract. In the case of a lawsuit based on tort, it will lead to legal consequences in the form of replacing any losses arising from such actions. If the lawsuit is based on a default, then the party who is canceling the agreement can be sued for material losses due to the cancellation of the agreement. The consideration of the Padangsidimpuan District Court in dropping a lawsuit for unilaterally canceling the agreement is that the cancellation made by the defendant was not based on clear reasons justified by law as stipulated in Article 1266 of the Civil Code. Keywords: Cancellation of Agreement, Action against the law .
AKIBAT HUKUM TERHADAP PEMERINTAH APABILA TIDAK MEWUJUDKAN KEWAJIBANNYA DALAM MEMBERIKAN JAMINAN KECELAKAAN KERJA DAN JAMINAN KEMATIAN KEPADA PEGAWAI APARATUR SIPIL NEGARA (ASN) Muhammad Ali Adnan
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.v20i3.4005

Abstract

The social security program is one of the programs that is considered strategic in realizing the welfare of the people in many countries. By reason of the purpose of establishing a country is to achieve prosperity (welfare state) which is the government's commitment as its responsibility as the manager of the state. Social welfare development in Indonesia actually refers to the concept of a welfare state. Social security is also the right of State Civil Apparatus Employees (ASN). What is meant by the State Civil Apparatus Employees are the civil servants and the government employees with work agreements who are appointed by a civil servant development official and assigned tasks in a government position or entrusted with other state duties and are paid based on statutory regulations.Based on the background described above, this research will discuss 3 (three) problems, namely how are the government's obligations in the health services, how is the Work Accident Insurance and Death Benefit for the State Civil Apparatus (ASN) and what are the legal consequences for the government if it does not fulfill its obligations in providing the Work Accident Insurance and Death Benefit for the State Civil Apparatus ( ASN).To fulfill the order of the Constitution of 1945 and the Article 92 of the Law Number 5 of 2014 concerning the State Civil Apparatus, the Government issued Government Regulation Number 70 of 2015 concerning the Work Accident Insurance and Death Benefit for the State Civil Apparatus Employees. The Government Regulation explains that the Work Accident Insurance is the protection against the risk of the work accidents or the occupational diseases in the form of treatment, compensation, and disability benefits. Then, Death Benefit is the protection against the risk of death not due to a work accident in the form of death benefit. The Work Accident Insurance and Death Benefit Program include the participation, benefits and contributions. Based on this, the government has an obligation to provide protection for the work accident insurance and death benefit as regulated in the Law Number 5 of 2014 concerning the State Civil Apparatus. Government actions that are negligent or intentionally do not carry out their obligations in protecting work accident insurance and death benefit certainly have legal consequences and are human rights. For this action, legal action can be taken in the form of a group representative lawsuit. It is done by following the procedure as regulated in the Regulation of the Supreme Court Number 1 of 2002 concerning the Lawsuit Procedure for Group Representatives. Furthermore, against the government's actions, every citizen can also take legal action against citizens (Citizen Lawsuit).
Analisis Hukum Atas Perjanjian Kerjasama Pengelolaan Persampahan Antara Pemerintah Provinsi Sumatera Utara Dengan Pemerintah Kota Medan Berdasarkan Peraturan Daerah Nomor 6 Tahun 2015 Tentang Pengelolaan Persampahan (Studi Dinas Kebersihan Kota Medan) Ervina Sari Sipahutar
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.v20i2.3573

Abstract

AbstractThe problem of waste in Indonesia is a very complex problem in a society that lacks sensitivity to the environment. Undisciplined cleanliness can create a bad atmosphere due to piles of garbage. The city development is indirectly caused by the increase in the population of the city. In this case, waste management in Medan city has a special regulation in waste management which is regulated in Regional Regulation Number 6 of 2015 concerning Solid Waste Management. It is based on Article 1 of Regional Regulation Number 6 of 2015 concerning Solid Waste Management. Therefore, Medan city government and North Sumatra provincial government made an agreement regarding the management of this waste. Regarding the form and the content of the agreement, it is submitted to the agreement of the parties conducting the agreement. Keywords : Cooperation Agreement, Waste Management, North Sumatra Provincial Government, Medan City Government 
PERTANGGUNGJAWABAN NEGARA TERHADAP KASUS KEBAKARAN HUTAN DAN LAHAN DI INDONESIA MENURUT PRINSIP ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION Heny Rosida
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.v20i3.4087

Abstract

Forest fire is a phenomenon that is often encountered in various countries, including Indonesia. Indonesia as a country that is often hit by forest fires annually. Forest fires can arise from intentional or unintentional factors. The impact that can be caused by the existence of forest fires is in terms of air pollution which has an impact on other countries. This study will analyze and examine various legal aspects of how the state is responsible, in this case, Indonesia for the losses suffered by other countries. The formulation of the problem in this research is about how to account for the aspects of the international law contained in the AATHP, and how to analyze the settlement of international law on fire cases in Indonesia. The method used in this paper is normative juridical. The data and the field facts presented in this paper are obtained from printed and online sources. This study confirms that forest fire is the responsibility of the Indonesian state in the perspective of international law, one of them is in the arrangement of the Asean Agreement On Transboundary Haze Pollution (AATHP).Keywords: AATHP; Forest and land fires; State responsibility
KEWENANGAN DEWAN KEHORMATAN PENYELENGGARA PEMILU DALAM PEMBERHENTIAN KOMISIONER KPU DAN BAWASLU DI INDONESIA (Studi Pada Bawaslu Propinsi Sumatera Utara) Abdullah Arkam
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.v18i1.3923

Abstract

The birth of the Election Organizing Honorary Council as one of the institutions which tasked with creating and overseeing a democratic election process is a new history and an important breakthrough in the political system in this country. The presence of the Election Organizing Honorary Council is expected to be able to give new hope for the creation of a democratic election. In addition, it is being able to create elections that fulfill a sense of fairness, credibility, accompanied by integrity of implementation. The Election Organizers Honorary Council in the dismissal of General Elections Commission and Election Supervisory Agency is regulated in Law Number 15 of 2011 concerning General Election Organizers. The Election Organizers Honorary Council not only takes action against members of election organizers who are clearly proven to have violated the election code of ethics, but also provides sanctions for the ranks of the secretariat of election organizers through their respective superiors based on the disciplinary provisions of the staffing code of ethics.  Based on the discussion, it was concluded that the mechanism for imposing sanctions against General Elections Commission and Election Supervisory Agency given by the Election Organizing Honorary Council is that if there are complaints and reports or recommendations, they can be submitted to the Election Organizers Honorary Council to examine and decide on alleged violations of the Code of Ethics. Complaints or reports are submitted accompanied by at least 2 (two) pieces of evidence and after fulfilling administrative verification, the Election Organizers Honorary Council convenes to determine and prove the report or complaint. The legal consequences of the decision of the Election Organizing Honorary Council in dismissing the commissioners of General Elections Commission and Election  Supervisory Agency are final and binding so that no other legal remedies or further legal remedies are available after the Election Organizers Honorary Council decision takes effect since it was stipulated and pronounced in an open plenary session. The decision is immediately binding and coercive in nature so that all institutions administering state power and including judicial bodies are bound and obliged to carry out the Election Organizers Honorary Council decision as it should. Keywords: Authority, Election Organizers Honorary Council, Dismissal. 
PENGELOLAAN PAKAIAN DINAS PADA DINAS PENDAPATAN KOTA MEDAN BERDASARKAN PERATURAN PRESIDEN NOMOR 4 TAHUN 2015 TENTANG PENGADAAN BARANG/JASA PEMERINTAH Rahmadani Rahmadani
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.v17i2.3951

Abstract

The procurement of goods/services is funded from the State/Regional Revenue and Expenditure Budget, and generally always increases from year to year. Likewise, the components of the State/Regional Revenue/Expenditure Budget expenditure in the form of capital expenditure (investment)/direct expenditure, the implementation of which is carried out through the procurement of goods/services. In realizing the capital expenditures/directly carried out through the procurement of goods and services involving various parties, namely users, are parties who need goods/services, and providers of goods/services, are parties who carry out work or services, which are carried out based on official requests or orders. or a contract on the part of the user.How is the legal arrangement for the procurement of official clothing in Medan City Government based on Presidential Regulation Number 4 of 2015, how are the stages and legal mechanisms carried out by Medan City Revenue Service in the procurement of official clothing, what are the legal solutions carried out by Medan City Revenue Service regarding the procurement of official clothing.The results of the study indicate that the legal arrangement for the procurement of official clothing in Medan City Government based on Presidential Regulation Number 4 of 2015 concerning the Fourth Amendment to Presidential Regulation Number 54 of 2010 concerning the Procurement of Government Goods/Services has regulated completely and in sufficient detail in the process of procurement of government goods/services. The stages and legal mechanisms carried out by Medan City Revenue Service in the procurement of official clothing are if the parties commit acts that are not in accordance with the provisions for the procurement of goods and services based on Presidential Regulation Number 4 of 2015 concerning the Fourth Amendment to Presidential Regulation Number 54 of 2010 concerning the Procurement of Goods/Services The government will then be penalized in the form of administrative sanctions, sued for compensation / civil lawsuits, reported for criminal proceedings. The legal solution carried out by Medan City Revenue Service regarding the procurement of official clothing in the event of irregularities is the administration of administrative sanctions, carried out by the PPK / ULP Working Group and / or Procurement Officers to the provider.Keywords: Procurement, Official Clothing, Goods and Services.

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