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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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PENEGAKAN HUKUM OLEH KEPOLISIAN REPUBLIK INDONESIA TERHADAP TINDAK PIDANA TENAGA KERJA ASING ILEGAL (PENELITIAN DI KEPOLISIAN DAERAH SUMATERA UTARA) Rosmahayati Sitepu
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.v17i3.3898

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. 
TINDAK PIDANA PENELANTARAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (Studi Putusan Nomor 122/Pid.Sus/2015/PN.Trt) Ita Rahmadi Rambe
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.v17i2.3954

Abstract

The criminal act of the abandonment in the household is in the form of neglecting his wife and children who do not provide physical and spiritual support as a husband's obligation to his wife in the marriage bond.What is the category of domestic violence crime? How is the criminal responsibility for the perpetrators of the crime of the abandonment in the household according to the decision of the Tarutung District Court Number 122/Pid.Sus/2015/PN.Trt. How is the legal protection for the victims of criminal acts of the abandonment of the household.The results showed that the category of criminal acts of domestic violence is any act of violence both verbally and physically, either in the form of actions or actions, or threats to life, these actions are directed at the victim because she is a woman. According to the decision of the Tarutung District Court Number 122/Pid.Sus/2015/PN.Trt, the defendant is obliged to take responsibility for his actions in accordance with the decision handed down by the panel of judges, namely serving imprisonment for 1 (one) month and paying court fee of Rp. 2000, - (two thousand rupiah). Legal protection for victims of domestic neglect reported to the police will be processed in the Special Service Room. In this Special Service Room, every victim of Domestic Violence can complain, report all acts of Domestic Violence they experience and the police, especially the Women Police play a role in serving and protecting victims.Keywords: Criminal Act, Abandonment, Household.
Perbuatan Melawan Hukum Menguasai Tanah Hak Milik Orang Lain (Studi Putusan Mahkamah Agung Nomor 3302 K/Pdt/2018) M. Faisal Rahendra 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.v20i2.3615

Abstract

Unlawful deed are an adverse effect to the rights of other people created by the law. This indicates that unlawful deed of disobedience based on consent and legal actions resulting from man’s own actions. Studies suggest that an act is unlawful when it adds to the several elements of an act, it must unlawful deed, it must inflict harm, it is wrong, and between the act and the harm inflicted there must be a causal relationship. Unlawful deed in this case by violating the ordinance in article 1335 dan article 1337 KUHPerdata, that is a forbidden cause and the existence of covenant matters or materials in violation of the law make it subject to article 1365 KUHPerdata. It was concluded that elements of unlawful deed constituted unlawful deed performed by the individual and those works were contrary to the right of another person to possession of property that didn’t belong to him. As a result when a man takes possession of the land of another’s property, the owner of the land of another’s property is required to vacate and return the land of property rights to its owner. All forms of deeds are categorized unlawful deed when they are unlawful deed, and when an individual has done wrong at the expense of the rights of another.Keywords: Unlawful Deeds, Legal Consequences, Land Of Proferty
TANGGUNG JAWAB NOTARIS PPAT DALAM PELEPASAN HAK ATAS TANAH DENGAN GANTI RUGI YANG MERUGIKAN PIHAK LAIN (Studi Putusan Nomor. 09/Pdt.G/2013/PN.BJ) Addy Pariudin
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.v18i1.3925

Abstract

The notary has responsibility for the deed he made, if the notary deed causes harm to other parties, then the notary can be held accountable. One of the cases that occurred in the jurisdiction of the Stb District Court, namely a civil lawsuit against the deed of relinquishment of land rights made by a notary who had been examined and put on trial by Binjai District Court with the Verdict Number 09/Pdt.G/2013/PN.Bj. The deed of relinquishment of land rights made by a notary and caused harm to other parties, and then the notary can be held accountable, civilly, administratively and criminally, if the making of the deed is fulfilled with a criminal offense. The legal consequences of relinquishing land rights are detrimental to other parties, namely the cancellation of the deed. As for the conclusion, the authority of a notary in making a deed in the land sector is regulated in Article 15 paragraph (2) letter f of the UUJN, namely making a deed related to land. The notary's responsibility for the deed he made consists of civil, criminal, based on UUJN and based on the code of ethics of the notary profession. In civil law, a person feels that his or her civil rights have been violated, then that person has the right to file a claim for compensation and the acquisition of the violated rights. The Verdict No. 09/Pdt.G./2013/PN Bj, it appears that the role of a notary in this case is to make a deed of relinquishment of rights between Defendant II to Defendant XVII to Defendant I. Meanwhile, the notary must know or must first know the validity of the deed. The land deed is related to the legal action desired by the appearers, by checking with the National Land Agency.  Keywords: Liability, Notary, Release of Land Rights.
PELAKSANAAN FUNGSI DAN TUGAS SATUAN TUGAS SABER PUNGLI KOTA MEDAN BERDASARKAN KEPUTUSAN WALI KOTA MEDAN NOMOR 352/(63.K/2016 TENTANG UNIT KELOMPOK SABER PUNGLI KOTA MEDAN Ridwan Ali Ibrahim
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.v17i3.3894

Abstract

The implementation of the tasks and the functions of Medan City Illegal Levy Eradication Task Force certainly require standard procedures that can be used as the guidelines for each unit in carrying out the tasks and the operational functions. The implementation of the functions and the tasks of Medan City Illegal Levy Eradication Task Force, in addition to being a preventive and repressive function against the practice of illegal levy in the administration of Medan city government and its staff, it also aims to reform the bureaucracy. Based on the results of research and discussion, Medan City Illegal Levy Eradication, has several functions in carrying out its main tasks, namely intelligence, prevention, prosecution and justice functions. The person in charge of the implementation of the main tasks and functions of  Medan City Illegal Levy Eradication Task Force is the mayor of Medan. While the Chief Executive, led by the Deputy Chief of Police of Medan and the Deputy Chief of Police of Belawan. In supporting the prevention function, in each government agency, a unit for illegal levies eradication unit is formed. Illegal Levy Eradication policy has a positive contribution in realizing good governance in the administration of local government. The obstacle of Medan City Illegal Levy Eradication Task Force in carrying out its function of preventing the practice of illegal levy lies in the absence of a change in the legal culture for the better. The legal culture of law enforcement officers and public service bureaucracies is still very bad and has not been able to gain the trust of the public. Keywords : Implementation, Functions and Tasks, Illegal Levy Eradication. 
Hubungan hukum antara pt. Bank tabungan negara (persero) tbk. Kcp sutomo di kota medan dengan pengembang dan nasabah peminjam pada kredit pemilikan rumah inden Azansyah Hasyif
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.v20i2.3660

Abstract

People’s Housing Credit (KPR) by indent, as the product of PT Bank Tabungan Negara (Persero), is buying houses which have not been built by contractors by credit system. The houses will be built when the contract is signed by the prospective buyers who have ordered the houses. The Bank is vulnerable to the risk of developers’ default in building the houses; it is also take the risk of the default the debtors who are not able to pay the installment while the houses are being built. It is necessary to study the legal realationship in giving KPR by indent so the research was done at PT Bank Tabungan Negara (Persero), Tbk, KCP Sutomo, Medan. The research used juridical normative method with descriptive analytic approach, supported by primary data. The data were gathered by conducting library research, field study, documentation, and interview and analyzed by using qualitative method. The legal relationship between PT Bank Tabungan Negara (Persero) Tbk KCP Sutomo with developers and borrowing customers in providing indent housing loans (KPR) is a form of tripatrit legal relationship, because of the cooperation agreement between Bank BTN and the developer and provision of credit between Bank BTN. and borrowing customers where the three parties each have rights and obligations.  Keywords: people’s housing credit, indent, prudential principle, bank
Model Pengelolaan Harta Warisan Lahan Pertanian Dalam Perspektif Fikih Muamalah Muhammad Zuhirsyan
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 1 (2021): EDISI SEPTEMBER 2021
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i1.4432

Abstract

This study aims to determine the form of application of Islamic Agricultural Land Inheritance Management in Muamalah Economic Fiqh Perspective. The research model of this research is qualitative, with a muamalah fiqh approach. The method of extracting data in this study was carried out by interviewing and observing the Muslim community of the Simalungun Batak Tribe in Tebing Tinggi District, Serdang Bedagai Regency, North Sumatra. The application of this management is analyzed using the customary inheritance system law, which refers to Pancasila. The results showed that the management of land derived from cultural heritage objects can be carried out in the form of Muzar'ah, Mukhabarah and Musaqah and in accordance withthe principles of customary law in Indonesia.Keywords: Management, Assets, Inheritance, Agriculture, fiqh, Muamalah
Kedudukan Hukum Surat Keterangan Penguasaan Tanah Sebagai Bukti Kepemilikan Di Kabupaten Karo May Linda Sari
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 2 (2022): Edisi Januari 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i2.4799

Abstract

One of the obstacles often faced by the people of Karo Regency in terms of land registration for the first time is the absence of authentic proof of legal land ownership, in the form of a Land Tenure Certificate (SKPT). In general, they get land management from the customary leader without written evidence. Land management in Tanah Karo is basically communal or shared use regulated by the Customary Stakeholders. As long as the payment goes well, land tenure will continue, because this is evidence of land tenure given to the community. This phenomenon underlies the research problem regarding how the legal position of the SKPT is as proof of ownership in Karo Regency.This study uses field research with a descriptive qualitative analysis approach and was conducted in Karo Regency, North Sumatra.The type of this research is qualitative. Primary data was collected through observation and interviews, while secondary data was collected through library research and documentation.The results showed that there are 2 (two) types of SKPT as regulated in Government Regulation no. 24 year 1997 concerning Land Registration, namely Proof of Old Rights (Article 24 PP 24/1997) and Proof of New Rights (Article 23 PP 24/1997). However, for the conversion of Ownership Rights, SKPT requires strengthening of witnesses and land tenure is not intended for things that are prohibited by law and are not in dispute. Suggestions in this study are the need for education to the public about the importance of proof of land tenure as evidence in landregistration for the first time. People who control the SKPT but have not registered it must manage their land properly, not to be controlled by a third party. The Karo Regency Land Office needs to socialize about legal remedies that can be taken by the community when the rights they get are weak.
Penghapusan Pidana Terhadap Pelaku Pembelaan Diri Yang Mengakibatkan Hilangnya Nyawa Oranglain Ditinjau Menurut Kuhp (Analisis Putusan Nomor 61/Pid.B/2019/PN. Cbd) Mahdiyan Tri Wahyudi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 2 (2022): Edisi Januari 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i2.4789

Abstract

A person who is forced to do an act to defend himself or another person because of an attack on himself or another person, against his own or others' moral honor or against his own property or another person, cannot be punished. Therefore, many times people use the excuse of a forced defense (noodweer) with the hope that what they have done has fulfilled the elements or conditions of a forced defense as referred to in Article 49 paragraph (1) of the Criminal Code.The formulation of the problem in this thesis is how to regulate the legal abolition of criminal acts of self-defense that result in the loss of other people's lives, how is the criminal liability of perpetrators of self-defense resulting in the loss of other people's lives, what are the legal considerations of judges for abolition of crimes in criminal liability of perpetrators of self-defense resulting in loss of life, others seen from the Criminal Code and the analysis of the decision Number 61/Pid.B/2019/PN. CBD. This type of research is normative juridical, namely research based on law. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. Keywords: Criminal Abolition, Self Defense, Life
Tindak Pidana Menjual Barang Kena Cukai Yang Tidak Dilekati Pita Cukai Dalam Perspektif Undang-Undang Nomor 39 tahun 2007 Tentang cukai (Analisis Putusan Nomor 18/Pid.Sus.2020/PN.Mdn) Charles Jhonson Panjaitan
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 2 (2022): Edisi Januari 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i2.4794

Abstract

The crime of excise stamps is very detrimental and disrupts the balance of the life of the Indonesian people. Excise is a state levy whose main function is to limit the circulation of excisable goods. As a consequence of this function, excise duty contributes to state revenue. The results of the study show that the criminal responsibility for the crime of selling excisable goods that are not attached to excise stamps is based on the decision Number 18/Pid.Sus/2020/PN Mdn, namely that the perpetrators have been legally and convincingly proven guilty of committing the crime of selling excisable goods that are not attached with excise stamps. sentenced to imprisonment for 1 (one) year and 4 (four) months, and a fine of Rp. 25,000,000. a number of fines must be paid and if it is not sufficient then it is replaced with imprisonment for 2 (two) months. Legal considerations of judges in the crime of selling excisable goods that are not attached with excise stamps based on Decision Number 18/Pid.Sus.2020/PN.Mdn is that no justifying or forgiving reason is found which indicates an error regarding the person or the legal subject or other reasons that cause cause the defendants to be released from responsibility for the actions that have been committed. Keywords: Crime, Goods, Excise 

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