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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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Tinjauan Yuridis Tentang Kontrak KerjaKaryawan Pada Perusahaan Bergesen Worldwide Offshore Ramadhan Syahputra Batara
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.v21i2.4790

Abstract

Freedom of contract in this case can mean that someone is free to enter into an agreement, free of what is promised, and free to determine the form of the contract. Thus, it is expected that a fair and balanced contract will also appear for the parties. However, in practice there are still many standard contract models (standard contracts) that tend to be biased, unbalanced, and unjust.The problem in this thesis is: to know the procedure of work agreements at companies with Worldwide Offshore Bergesen Companies with employees and the position of PT. PP Equinox(shipping company) as a party listed in an employee employment contract, in an employee employment contract with a Worldwide Offshore Bergesen Companies.            The research conducted is empirical normative juridical, the source of data used to support this research is the source of secondary data and primary data obtained through field studies at Worldwide Offshore Bergesen Companies, an Indonesian limited liability company based in Gd. Midplaza I Lt. 9 Jl. Jend Sudirman Kav. 10-11, Karet Tengsin Tanah Abang, Central Jakarta, DKI Jakarta 10220 and BW JOKO TOLE FPU Ships located between Madura Island and Bali Island Indonesia.It was concluded that with the inclusion of PT. PP Equinox(shipping company) on employee employment contracts can confuse the status of the company PT. PP Equinox(shipping company) despite the fact that maybe Worldwide Offshore Bergesen Companies and PT. PP Equinox(shipping company) has an agreement, and can also create legal uncertainty against employees if there is a conflict between the company 
Kajian Hukum Administrasi Negara Terhadap Pelaksanaan Pemilihan Kepala Daerah Di Indonesia (Studi Pada Pemilihan Kepala Daerah Kabupaten Serdang Bedagai Tahun 2020) Ahmad Alhadi
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.v21i2.4796

Abstract

The emergence of the idea of direct Pilkada is basically a follow-up process from a strong desire to improve the quality of democracy in the regions that is being started. Direct local elections are expected to produce credible leaders who are supported by the community. The formulation of the problem in this thesis is how the legal arrangements for implementing regional head elections in Indonesia according to State Administrative Law, how the implementation of regional head elections in Serdang Bedagai Regency is studied from State Administrative Law, how are the obstacles to implementing regional head elections in Serdang Bedagai Regency in terms of State Administrative Law and solution to overcome it. The results of the study indicate that the legal regulation of the implementation of regional head elections in Indonesia according to the State Administrative Law is regulated in Perpu No. 2 of 2020 concerning the simultaneous election of blood heads (Pilkada). The obstacle to the implementation of the Serdang Bedagai Regional Head Election (Pilkada) Simultaneously in carrying out the simultaneous Pilkada during the Covid-19 pandemic is the existence of money politics disguised in social assistance. To uphold integrity in the implementation of the Pilkada, there must be a commitment for both the Pilkada participants and the implementers of community discipline to take part in the 2020 simultaneous Pilkada so that the obstacles and challenges of the Pilkada can be minimized. Keywords: Implementation of Election, Regional Head. 
Analisis Pertimbangan Hakim Terhadap Pengguna Narkotika Jenis Shabu (Analisis Putusan Mahkamah Agung Nomor 758 K/Pid.Sus/2020) Adi Ariandi
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.v21i2.4791

Abstract

Law enforcement against narcotics crimes has been widely carried out by law enforcers, as well as many perpetrators who have been sentenced to court decisions and are serving sentences in correctional institutions. The formulation of the problem in this thesis is how to regulate criminal law/sanctions against users of shabu-shabu narcotics, how to apply criminal sanctions to users of shabu-shabu narcotics, how the judge's legal considerations impose sanctions on users of shabu-shabu narcotics in the decision of the Supreme Court Number 758 K/Pid.Sus/2020. The results of the study indicate that the regulation of criminal law/sanctions against users of shabu-shabu narcotics based on Law Number 35 of 2009 concerning Narcotics prioritizes rehabilitation of narcotics users, but the criminal sanctions against drug dealers and precursors are very high. The spirit and purpose of Law Number 35 of 2009 concerning Narcotics is to prevent and eradicate illicit narcotics trafficking in Indonesia. The application of criminal sanctions against users of methamphetamine type narcotics is that the defendant is imposed with a criminal sanction in the form of imprisonment for 1 (one) year and 6 (six) months and a fine of Rp. 800,000,000.00 (eight hundred million rupiah) provided that if the fine is If not paid, it will be replaced with imprisonment for 2 (two) months. The judge's legal considerations for imposing sanctions on users of shabu-shabu narcotics in the Supreme Court's decision Number 758 K/Pid.Sus/2020 are in accordance with the subsidiary indictment of the Public Prosecutor and have fulfilled the elements of Article 112 paragraph (1) of Law No. 35 of 2009 concerning Narcotics and there is no justification and excuse for the actions committed by the defendant. Keywords: Judge's Consideration, Narcotics, Shabu. 
Analisa Yuridis Permohonan Pailit Atas Ketidakmampuan Pemenuhan Prestasi Perusahaan Yang Mengalami Force Majeure Ulim Tjiatawi
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.v21i2.4797

Abstract

The bankruptcy petition filed by the creditor against the debtor who fails to perform the performance in force majeure conditions where the failure to implement the performance in a timely manner is considered as a debt that is due and billable by the creditor and the debtor who is petitioned for bankruptcy reasoned that the failure was caused by the force majeure conditions, as well as to find out the limits of the scope of force majeure, the proof of the inability to fulfill the achievements so that they are categorized as a debt that is due and billable, and the basis for the legal considerations in the cancellation of bankruptcy petitions submitted by the creditors.This research uses normative juridical research, and the nature of the research is descriptive-analytical, and legislative research approach.The absence of laws and regulations that comprehensively regulate the force majeure conditions lead to different interpretations. In considering the decision of the Commercial Court Number 53/Pailit/2012/PN.Niaga.JKT.PST and the verdict of the Supreme Court 835 K/Pdt.Sus/2012, it was decided that the demonstration was a force majeure that could not be predicted by the debtor. The force majeure condition as argued by the debtor does not include simple evidence as specified as one of the requirements in filing a bankruptcy petition, where the force majeure must be proven in a district court. The deelay in the implementation of the performance by the debtor cannot be categorized as a debt that is due and billable, because in the presence of the force majeure, the debtor is temporarily relieved of his obligations until the force majeure ends. However, the dissenting opinion of one of the member of the Supreme Court stated otherwise, that the demonstration could have been predicted by the debtor, so it could not be categorized as the force majeure, and therefore, the debtor had defaulted so that it was categorized as a debt that was due and collectible.Keywords : Force Majeure, Dissenting Opinion, Due and Billable
Analisis Yuridis Tentang Pengawasan Hakim Oleh Komisi Yudisial Dalam Prespektif Undang Undangdasar Negara Republik Indonesia Tahun 1945 ( Studi Putusan Mahkamah Konstitusi Nomor 005/PUU-IV/2006) Muhammad Alfariji Nasution
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.v21i2.4792

Abstract

The authority of the Constitutional Court In the laws and regulations in Indonesia, it is authorized to adjudicate at the first and final level to: examine laws against the 1945 Constitution of the Republic of Indonesia, decide on disputes over the authority of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia, decide  dissolution of political parties, decide disputes about the results of general elections.The Legal Implication of the Decision of the Constitutional Court Number 005/PUU-IV/2006 is the weakening of the Judicial Commission through the Constitutional Court's Decision which results in the revocation of the authority of the Judicial Commission to carry out external supervision of the Constitutional Court and results in the loss of binding power for the supervision rules of the Judicial Commission and  the loss of most of the authority of the Judicial Commission to impose sanctions.The formulation of Supervision of Constitutional Justices and Judges Angung after the Constitutional Court Decision Number 005/PUU-IV/2006 is to establish an Honorary Council of the Constitutional Court, hereinafter referred to as the Honorary Council, is a device established by the Constitutional Court to safeguard  and upholding the honor, dignity, and Code of Ethics of Constitutional Justices in relation to reports of alleged serious violations committed by the Reported Judge or the Suspected Judge submitted by the ethics council.Keywords: Judge Supervision
Analisis Pembiayaan Konsumen Dan Penarikan Kendaraan Debitur Yang Wanprestasi Pasca Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 (Penelitian Di PT Mega Central Finance Kota Medan) Hendra Wijaya
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.v21i2.4798

Abstract

Consumer financing is one of the facilities that make it easier for everyone to own a vehicle. In the process of implementing the consumer financing in multi-finance companies, it is possible for the occurrence of default by the debtor. In practice, if the debtor defaults in fulfilling his obligations, the consumer financing companies can execute the financed vehicle using a fiduciary. After the decision of the Constitutional Court Number 18/PUU-XVII/2019, all executions of fiduciary guarantees must go through a court decision except on the basis of the will and the own approval from the debtor. As for the formulation of the problem to be discussed and studied further is related to the legality of the consumer financing, especially the vehicles according to applicable legal provisions, the legal mechanism for the withdrawal of the vehicle of the debtor in default and the legal effort for the creditors of PT Mega Central Finance after the verdict of the Constitutional Court Number 18/PUU-XVII/ 2019 in consumer financing and the withdrawal of the vehicle of the debtor in default.Keywords : consumer financing, creditors, default.
Tinjauan Yuridis Perbuatan Percobaan Untuk Melakukan Tindak Pidana Teorisme Menurut Undang-Undang Nomor 5 Tahun 2018 (Analisis Putusan Nomor 13/Pid.Sus/2020/PN.Jkt.Tim) Jasaraharja Sembiring
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.v21i2.4793

Abstract

Terrorism is not just an act of terror, but in fact the criminal act of terrorism also violates human rights as basic rights inherent in human nature, namely the right to live and the right to feel safe and comfortable. The formulation of the problem in this thesis is how to apply criminal sanctions to criminal acts of attempted terrorism, how to impose criminal sanctions against perpetrators of attempted criminal acts of terrorism in Decision Number 13/Pid.Sus/2020/PN.Jkt.Tim, how are legal considerations? judges in Decision Number 13/Pid.Sus/2020/PN.Jkt.Tim against attempted acts of terrorism. The results of the study indicate that the application of criminal sanctions to criminal acts of attempted terrorism is regulated in Article 15 in conjunction with Article 7 of Law Number 15 of 2003 concerning Eradication of Criminal Acts of Terrorism jo. Law Number 5 of 2018 concerning Amendments to Law of the Republic of Indonesia Number 15 of 2003 that the defendant has been proven to have committed a criminal act of terrorism, as charged by the public prosecutor. The imposition of criminal sanctions against the perpetrators of the criminal act of attempted terrorism in Decision Number 13/Pid.Sus/2020/PN.Jkt.Tim is the defendant Musyafir Alias One Alias Kusman who has been legally and convincingly proven guilty of committing a criminal act of trial to commit a criminal act of terrorism sentenced to imprisonment for 4 (four) years Keywords: Experiment, Crime, Theorism
Pendirian Perusahaan Equity Crowdfunding Bagi Pelaku Usahaberdasarkan Peraturan Otoritasjasa Keuangan Nomor 37/POJK.04/2018 Hans Kristian Gozali
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.v21i1.4296

Abstract

Technological developments in the Industrial Revolution 4.0 era provide new solutions for business individuals in obtaining additional capital through financial technology (fintech). One of them is the crowdfunding system known as equity crowdfunding which is intended for individuals that want to develop their business but are constrained in terms of capital by utilizing the development of internet technology. In this regard, the government through the Financial Services Authority (OJK) has stipulated Financial Services Authority Regulation of the Republic of Indonesia Number 37/POJK.04/2018 concerning Crowdfunding Services through Information Technology-Based Share Offerings (Equity Crowdfunding).            That the formulation of the problems in this study is how legal certainty is in regulating the practice of equity crowdfunding in Indonesian laws and regulations, how is the legal protection for investors or investors who buy shares in the practice of equity crowdfunding and how is the role of OJK in the practice of equity crowdfunding. The research method used is normative juridical research, this research is descriptive analytical. Data collection techniques were carried out through library research methods. The data obtained were analyzed qualitatively and concluded deductively.Keywords: Legal Certainty, Legal Protection, Equity Crowdfunding and the Financial Services Authority
Perjanjian Kerjasama Segitiga Indonesia-Malaysia-Thailand (IMT-GT) dalam Bidang Pendidikan di Sumatera Utara Bina Era Dany
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.v21i1.4409

Abstract

Along with the enactment of the Law no. 32 of 2004 concerning Regional Government, Sub-regional Economic Cooperation IMT-GT is expected to be one of the modalities to encourage the initiatives and the active participation of local communities in increasing the empowerment of educational potential in their respective regions.The position of the triangle cooperation agreement of Indonesia, Malaysia, Thailand (IMT-GT) in the field of education contributes to the IMT GT participating countries to carry out the activities as agreed in the IMT GT activities. The position of IMT-GT also provides a position of convenience for IMT-GT participating countries to make efforts to improve the education, both through student and teacher exchanges as well as the repair and the procurement of the school facilities and infrastructure.The regulated matters in the triangle cooperation agreement of Indonesia, Malaysia, Thailand (IMT-GT) are basically not in the field of education but in the economic field. The existence of the world of education has a relationship with the implementation of the IMT-GT program because the running of the economic program will provide a feedback to the development of the world of education.The obstacles of the triangle cooperation agreement of Indonesia, Malaysia, Thailand (IMT-GT) in the field of education are the difficulty of obtaining permits in Indonesia, uncertain political conditions and the unfavorable conditions of labor life. This condition has an impact on the lack of the desire of entrepreneurs from IMT-GT participating countries to invest in Indonesia, thus giving an impact to the improvement of the education system. Keywords : Agreement, Cooperation, Education
ASPEK HUKUM TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE) PADA PERSEROAN TERBATAS (STUDI PADA PT. ASIANTFAST MARINE INDUSTRIES) Muhammad Ali Hakim
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.v21i1.4404

Abstract

A company must provide adequate incentives for Commissioners and Directors to achieve company goals for the benefit of the company and its shareholders. By creating a system, Good Corporate Governance seeks to synergize through an ethics of the business world that is bound to certain rules that form the basis for adoption in the regulations, guidelines, and procedures that apply to carry out the operation of a company by implementing good corporate governance. GCG is a must in order to build strong and sustainable company conditions. The application of the concept is expected to be a more transparent company management for all interested parties. The problems formulated are 1. How to regulate the law of Good Corporate Governance at PT. Asianfast Marine Industries? 2. Has Good Corporate Governance at PT. Asianfast Marine Industries been carried out properly in accordance with the law?This type of research is a juridisnormative research, which is descriptive analytical. Data sources used in normative legal research are primary data and secondary data, with qualitative data analysis done deductively meaning using theories not only theory but also legal norms as tools, measures and even instruments to build hypotheses.The results of this study are that this research is focused on GCG in the context of Law Number 40 of 2007 concerning Limited Liability Companies and GCG guidelines issued by the National Committee on Governance policy which was approved by the Coordinating Minister for Economic Affairs of the Republic of Indonesia in 2006, in which PT. Asianfast Marine Industries makes a Good Corporate Governance Guidelines that follow the Guidelines issued by National Committee on Governance Policy which are the basis for implementing the implementation of GCG principles at PT. Asianfast Marine Industries.Keywords: Limited Liability Company, Principles, GCG

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