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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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Analisis Yuridis Mengenai Strategi Dosen Terkait Dengan Mutu Pembelajaran Di Perguruan Tinggi Masa Era New Normal Halimatul Maryani
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.v20i2.3648

Abstract

The scope of education is the parties that are involved in the sphere of education such as proteges/students/college students, the basic and the purpose of education itself, educators, educational materials, educational methods, educational evaluation, educational tools and the surrounding environment within the scope of education. Education is also one of the most important parts of human life that has provisions that aim to help the improvement of living standard and life for themselves and for the country. If referring to the Article 31 (amendment) paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that "Every citizen has the right to education, of course education is meant in principle, learning what we know is based on face to face in the class. to transfer the knowledge to their students (students / college students). This has now turned into virtual, distance learning, due to various constraints of limited facilities and infrastructure, the ability to absorb the technology, on the other hand, the unstable condition of the spread of covid-19 has certainly become a dilemma for several universities, including the university of Muslim Nusantara Al Washliyah in implementing learning whether it's pure online use organized with Distance Learning (PJJ) -virtual and other types of virtual.Keywords : Strategy, the Quality of Learning,New Normal
ANALISIS HUKUM TINDAK PIDANA PERDAGANGAN SATWA DILINDUNGI MENURUT UU NO. 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSITEMNYA” (Studi di Balai Besar Konservasi Sumber Daya Alam Sumatera Utara) Maswita Maswita
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.v20i3.4001

Abstract

This study aims to find out the background of  illegal trade of the protected animals that still happening continuously  and how is the role of the government through the Natural Resources Conservation Center of Sumatera Utara in dealing with criminal acts of trafficking in protected animals in accordance with the Law No. 5 of 1990 concerning conservation and biological natural resources and their ecosystems. This study was conducted at Natural Resources Conservation Center of Sumatera Utara. The method used in this study is a literature study. Interviews were conducted with the officials from the Natural Resources Conservation Center of Sumatera Utara. The results of this study indicate that the trade in protected animals continues due to the lack of government supervision in this case the Natural Resources Conservation Center, high animal prices, easy access to the technology and high buyer interest. Keywords : Criminal Acts, Animal Trade
PENEGAKAN HUKUM OLEH KEPOLISIAN REPUBLIK INDONESIA TERHADAP TINDAK PIDANA TENAGA KERJA ASING ILEGAL (PENELITIAN DI KEPOLISIAN DAERAH SUMATERA UTARA) Bontor Desmonth Sitorus
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.v17i3.3897

Abstract

Law enforcement against immigration crimes, especially the problem of misuse of foreign workers' residence permits by the law enforcement officers, especially Civil Servant investigators is still very weak. The reality shows that of the many cases of misuse of residence permits only a small number have reached the court stage. This can be seen in the development of the issue of illegal foreign workers which is being discussed in the community. The number of foreign workers from China continues to increase and on average these foreign workers do not have and meet the requirements as foreign workers. This situation needs serious attention from the government, especially the law enforcement. Based on the results of the research and discussion, law enforcement by the police is based on the authority of the police as the investigators and conducts the investigations of every criminal act which is regulated in the Criminal Procedure Code and Law no. 2 of 2002 concerning the Police. The obstacle to law enforcement against Illegal Foreign Workers by the Police is the weak authority possessed by the Police; this is related to the handing over of the authority to investigate any criminal act in the field of immigration to the Immigration Civil Servant Investigators. Another obstacle found was the lack of integrated coordination between the immigration civil servants investigators and Republic of Indonesia Police Investigators. Immigration criminal law policies are implemented by formulating immigration criminal offenses and expanding the subject of criminal acts and objects of criminal acts in the field of immigration. In addition, the immigration law criminal policy, namely by qualifying immigration crimes as special crimes, and giving special authority to the Immigration Civil Servant Investigators to conduct investigations on immigration crimes.Keywords: Law Enforcement, Police, Illegal Foreign Workers. 
HAK PERLINDUNGAN SOSIAL BAGI LANJUT USIA MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 1998 DAN HUKUM ISLAM DI KECAMATAN MEDAN AMPLAS Uswatun Hasanah
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.v20i3.4004

Abstract

Elderly is a natural and continuous process that undergoes anatomical, physiological, biochemical changes in tissues or the organs which ultimately affects the state of function and the ability of the body as a whole. The Republic of Indonesia has an obligation to prosper the elderly by providing social protection for its people. This is evidenced by the existence of a special law related to the welfare of the elderly, namely the Law no. 13 of 1998.How are the social protection rights for the elderly in Medan Amplas sub-district according to the Law Number 13 of 1998, How are the social protection rights for the elderly in Medan Amplas sub-district according to the Islamic law, how are the similarities and the differences in social protection rights for the elderly in Medan Amplas sub-district according to the Law No. 13 of 1998 and the Islamic Law.The Implementation of the Law no. 13 of 1998 regarding social protection rights for the elderly in Medan Amplas Sub-district is not in line with the Law no. 13 of 1998 or not implemented properly or not optimally implemented in Medan Amplas Sub-district. This is evidenced by the large number of elderly people whose rights are not fulfilled, including their social protection rights. According to the Islamic Law, the Social Protection Rights for the Elderly in Medan Amplas Sub-district is not in line with the Islamic Law. There are still many elderly people who do not receive assistance and the assistance received by the elderly is not evenly distributed. Even Muslim institutions that are specifically for distributing aid to the elderly or the poor are also less effective in promoting the welfare of the elderly. The similarities between the law and the Islamic law related to the social protection rights for the elderly are that they both have special institutions that oversee the social protection rights of the elderly, are both the responsibility of the state and both meet the needs of the elderly. The most prominent difference is the existence of standard rules from the law, whereas in Islam there are no written standard rules.Keywords : Social Protection Rights, Elderly, The Law on Social Protection for the Elderly, Social Protection for the Elderly According to the Islamic Law.
Analisis Hukum Perlindungan Terhadap Anak Korban Kekerasan Fisik Dalam Rumah Tangga Menurut UU No.35 Tahun 2014 Tentang Perlindungan Anak Aditia Fernanda Nasution
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.v20i2.3574

Abstract

Writing this journal will describe the backgrounds of children who are often be the victims of physical violence in household and how legal protection for children victims of physical violence in the household is reviewed from UUPA No. 35 of 2014 and what are the legal consequences for the perpetrators of violence against  physical violence against children in the household and how to take legal measures to minimize physical violence against children in the household. The problems formulated in the formulation of the problem are How does the rule of Law  no. 35 of 2014 provides protection for child victims of physical violence in the household, How is the criminal law policy to the protection of child victims of the crime of physical violence in the household. The approach used is normative juridical method. The normative juridical approach method is used to examine library materials which are primary data. Based on the data obtained, then it is analyzed to draw conclusions after being explained in detail based on available sources. And guarantee the basic rights of every child, provide facilities and infrastructure and protect, nurture and prosper children through the rights and obligations of parents. The criminal law policy regarding the protection of child victims from criminal acts of physical violence in household as referred to in Article 76C, that the perpetrators of physical violence against children shall be sentenced to imprisonment for a maximum of 3 (three) years and 6 (six) years and / or a maximum fine of Rp.72,000,000.00 (seventy two million rupiah). How the non-penal law policy in minimizing the occurrence of child victims of physical violence in the household is more about preventing the occurrence of criminal acts, so that the main objective is to overcome the factors that are conducive to the occurrence of these crimes.  This conducive factor focuses on social problems or the conditions that can directly or indirectly cause or foster crime.Keywords : Protection of Child, Victims of Physical Violence at Home, Child protection
AKIBAT HUKUM WAN PRESTASI DARI SALAH SATU PIHAK DALAM NON DISCLOSURE AGREEMENT (PERJANJIAN KERAHASIAAN) YANG SULIT DIBUKTIKAN KEBENARANNYA Michael Jeffrey
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.v20i3.4088

Abstract

Non Disclosure Agreement is generally an agreement to disclose confidential information which can be in the form of Intellectual Property Rights or trade secrets. The formulation of the problem in this research is how the rights and the obligations as well as the legal protection of trade secrets in a Non Disclosure Agreement? What is the form of default in the case of PT. Basuki Pratama Engineering with PT. Hitachi Construction Machinery Indonesia? What is the analysis of the judge's considerations and the decisions in the cassation decision number: 3305 K/Pdt/2016 which is difficult to be prove the truth? The results of this research are First, the rights and the obligations in the Non Disclosure Agreement can be added to the clauses that have been agreed by the parties. This is done to protect confidential information held by the owner of the trade secret. Second, the default that generally occurs in the Non Disclosure Agreement is the misuse of confidential information that is used without the consent of the owner of the confidential information, and the resolution of this problem can be carried out by means of a civil lawsuit in the court. For these violations, there are legal consequences such as lawsuits by the owner of confidential information to the recipient of confidential information and the recipient of confidential information can be charged with his action under the Article 17 paragraphs (1) and (2) of the Trade Secret Law Number 30 of 2000. Third, in the legal case studied in this thesis, the judge has punished the defendants by holding the defendants accountable for material and immaterial losses by taking into account the evidence and the statements of the parties in order to give a fair decision for the parties.Keywords: Confidentiality Agreement, Information, Trade Secret.
KORBAN TINDAK PIDANA PERKOSAAN (Studi Putusan Nomor 358/Pid.Sus/2016/PN.Mdn) Fakhrul Raji
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.v18i1.3924

Abstract

Attention and protection of the victims’ interests of the crime of rape either through the criminal justice process or through certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies, both by the executive, legislative and judicial institutions as well as by social institutions which exists. This research uses a descriptive method through a normative approach (legal research), namely an approach to problems which carried out by examining various legal aspects in terms of applicable regulations.  In the context of protection for victims of crime, there are preventive and repressive measures taken, both by the community and the government (through law enforcement officers), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance. The process of examination and fair trial of perpetrators of crimes is basically a manifestation of the protection of human rights as well as a balancing instrument. This is where the philosophical basis behind the importance of crime victims (their families) getting protection. Keywords: Legal Protection, Victims, Rape
PERTANGGUNGJAWABAN PIDANA TERHADAP PENGEDAR SEDIAAN FARMASI TANPA IZIN EDAR DI APOTEK GAMMA MEDAN (Studi Kasus Putusan No.2753/Pid.B/2013/PN.MDN) Taufiq Ramadhan
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.v17i2.3950

Abstract

The distribution of pharmaceutical preparations has now reached the stage of being easy to obtain, social media such as Instagram and line can be said to be a factor in the distribution of pharmaceutical preparations without permission until they reach freelance sales and then distributed to pharmacies. Pharmacies accept these pharmaceutical preparations by the reason that they are cheap and easy to obtain and without a letter of order and purchase invoice. Pharmacies that procure pharmaceutical preparations not through parties mentioned by the law such as pharmaceutical wholesalers certainly do not have official documents such as an order letter that has been signed by APA and an order invoice, this act violates the provisions in Article 106 of Law No.36 Year 2009 concerning health and threatened with criminal in accordance with Article 197 of Law No. 36 of 2009 concerning health such as dealers who are the owners of the Gamma Medan Pharmacy as stated in the decision  No. 2753/Pid.B/2013/PN.MDN. How is the regulation of criminal law against the distribution of pharmaceutical preparations without a permit, how is the criminal responsibility for the distributors of pharmaceutical preparations without a distribution permit at Gamma Medan Pharmacy (Case Study Decision No.2753/Pid.B/2013/PN.Mdn), what is the role of Civil Servant Investigators BBPOM is in the process of resolving cases of distribution of pharmaceutical preparations without a distribution permit. Criminal law regulations on the distribution of pharmaceutical preparations without a distribution permit can be found in the Criminal Code, Law No. 5 of 1997 concerning Psychotropics, Law No. 8 of 1999 concerning Consumer Protection, Law No. 36 of 2009 concerning Health, Law No. 35 of 2009 concerning Narcotics and PP RI No. 72 of 1998 concerning the Security of Pharmaceutical Preparations and Medical Devices. Distributors of pharmaceutical preparations without a distribution permit can be charged with criminal responsibility against them because based on their mistakes have violated Article 106 paragraph (1) Law no. 36 of 2009 concerning Health and has completed the elements in Article 197 in conjunction with Article 106 paragraph (1) of the Law of the Republic of Indonesia No. 36 of 2009 concerning Health for the act of deliberately distributing pharmaceutical preparations without a distribution permit and sentenced to imprisonment of 1 (one) year. ) months and 15 (fifteen) days and a fine of Rp.5.000.000,- (five million rupiahs) provided that if the fine is not paid, it is replaced with imprisonment for 1 (one) month. The role of Civil Servant Officials in the Settlement of the cases of the distribution of pharmaceutical preparations without a distribution permit is as Investigators. The government should provide facilities to investigators in resolving cases of distribution of pharmaceutical preparations without a permit, such as assistance by the police, supporting facilities and infrastructure as well as additional special criminal procedural law education for investigators because some investigators are not legally educated but pharmacists.Keywords: Criminal Liability, Pharmaceutical Preparations, Without Distribution Permit.
Peranan Dan Tanggung Jawab Notaris Dalam Memberikan Penyuluhan Hukum Terhadap Para Pihak Di Kota Pekanbaru Brahma Putra Perkasa
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.v20i2.3659

Abstract

As a general official, a notary is required to be responsible for carrying out his authority so that he can provide legal counseling to the parties before the deed is drawn up. If in the future the deed that has been made turns out to contain a dispute then this definite matter needs to be questioned, whether the error in the deed was caused by the notary, or whether the parties did not provide false information beyond the knowledge of the notary or was there an agreement made between the notary and one of the parties facing, or was it the mistake of the parties who did not provide the documents properly.It is recommended that in the future the notary when conducting legal counseling can be carried out in front of the parties and every legal counseling that has been carried out by a notary and approved by the parties should be written in a deed, or if this cannot be done, the notary can put it in a separate deed, this is done as the evidence that the notary has fulfilled its obligations in providing the legal counseling in connection with the deed to be drawn up.Keywords : Legal Counseling, Responsibilities of a Notary, Law on Notary Position
ASPEK YURIDIS WANPRESTASI AKIBAT TIDAK MELAKUKAN PEMBAYARAN DALAM PERJANJIAN PENGERJAAN PEMBUATAN TAMAN AIR MANCUR (Studi Putusan Mahkamah Agung Nomor 1930 K/Pdt/2018) Ryandi Bashkara
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.v20i3.4000

Abstract

The default in the implementation of chartering agreements is a phenomenon that often occurs in practice. Many factors cause a default; it can be due to the fault of the parties or the fault from the outside of the parties. The research problem in this thesis is what are the legal consequences if there is a default in the agreement for the construction of the fountain park, what are the obligations of the bouwheer in the agreement for the construction of the fountain park, how are the legal considerations of the judge in deciding the default in the contract for the construction of the fountain park.The results of the study indicate that the legal consequences if there is a default in the agreement to build a fountain park, then the aggrieved party makes a lawsuit so that the party causing the loss to complete the payment for the construction of the fountain park which has been completed The owner's obligation in the agreement for the construction of the fountain park is supervising and checking the implementation of the work which are carried out by the contractor, making payments according to the price stated in the contract, providing instructions according to the schedule and pay compensation for the mistakes made. The judge's legal considerations in deciding the default in the fountain park work contract agreement are PT. Barindo Utama has broken its promise for not to pay the remaining obligations to CV. Kertawijaya and as the owner of the Lubuklinggau City Government project cq the Lubuklinggau City Public Works Department do not have a legal relationship with CV. Kertawijaya because of the Work Order from PT. Barindo Utama to CV. Kertawijaya was published unbeknownst of Lubuklinggau City Government cq Lubuklinggau City Public Works Department.Keywords: Default, Agreement, Fountain.

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