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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 Perlindungan Hukum Terhadap Anak Akibat Perkawinan Siri (Studi Putusan Nomor: 129/Pdt.G/2018/PN. Lbp) Syarifuddin, Syarifuddin; Faisal, Muhammad
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.v21i1.4401

Abstract

Marriage aims to form a sakinah, mawaddah, warahmah family, and to create order in the society and the legal certainty for husbands, wives and descendants. The decision of the Class IA Lubuk Pakam District Court, Number: 129/Pdt.G/2018/PN Lbp, has examined and decided on divorce claims that were not registered with the competent authorities, even making KHI as part of the legal considerations in terms of child custody, this is strictly a statutory provision, based on this the author discusses the legal arrangements for unregistered marriages, legal consequences, and the protection of women and children based on the Decision Number: 129/Pdt.G/2018/PN Lbp.The legal arrangements regarding the protection of children from unregistered marriages are regulated in the Articles 21 and 27 in conjunction with the Article 39 of the PA Law; children must get legal protection from parents and the government. The legal consequences of unregistered marriages have a negative impact on women and children, because their rights and legal status are not recognized by the state, this shows that women and children are the most disadvantaged due to unregistered marriages. The judge's legal considerations are very wrong and irrelevant, because unregistered marriages are legal even though they are not registered with the authorized official, so that the basis for the lawsuit is filed without a marriage book and child's birth certificate. Furthermore, the judge's consideration in child custody uses KHI in the consideration of child custody for the divorce cases for non-Muslim communities.Keywords: Legal Protection, Women and Children, Unregistered Marriage.
Analisis Yuridis Terhadap Perjanjian Sewa Menyewa Yang Dilaksanakan Antara Suami Isteri Yang Berbeda Kewarganegaraan Di Indonesia (Studi Putusan Makamah Agung Nomor 3403 K/Pdt/2016) Jesslyn 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.v21i1.4405

Abstract

The Article 1548 of the Civil Code explains that a lease is an agreement, whereby one party binds himself to give the other party the enjoyment of an item, for a certain period of time and with the payment of a price which the party has agreed to pay later. The limitation regarding the rental period are not set but based on the agreed period as well as the parties it is not explicitly explained whether a husband and wife can do a lease agreement. The prohibition imposed on married couples is only a legal act of buying and selling contained in the Article 1467 of the Civil Code. In practice in the field, there is a land lease agreement made in the form of an Authentic Deed with the parties at the time of making the lease agreement the land is still a husband and wife with different nationalities has been terminated and declared proven to have committed legal smuggling to control land in Indonesia on the basis of property rights by The Supreme Court in its decision Number 3403 K/Pdt/2016. The problem that can be raised in this study is whether a land lease agreement can be made by a married couple of different nationalities with the object of the agreement coming from joint property? If it is related to the authority to act on the parties in the lease agreement with the object coming from joint property and the principle of propriety as well as the judge's consideration in deciding the cases of land lease agreements between husband and wife of different nationalities which only refers to the characteristics of the lease term and the reasons that are not halal but not with the status of the parties at the time of making the lease agreement in the decision of the Supreme Court Number 3403 K/Pdt/2016.The results of the research indicate that the land lease agreement between husband and wife of different nationalities with the object of the lease agreement coming from joint property without performed the separation of assets is inappropriate and contrary to the propriety principle of Article 1339 of the Civil Code and the authority to act and the basis for the judge's consideration in canceling the lease agreement must consider the status of the legal relationship between the AMP (foreigner) and KP (WNI) and the object of the agreement, not only focusing on illegal causes and the time period considered by the judge contradicts the characteristics the characteristics of lease rights which have a limited period of time but in essence the time limit is not determined but the time limit is based on a mutual agreement between the parties.Keywords : Lease Agreement, Husband and Wife, Propriety Principle
Analisis Yuridis Perjanjian Kerjasama Antara Perusahaan Properti Dengan Perbankan Terhadap Pembiayaan Perumahan Dengan KPR (Studi Di PT. Cukat Trengginas Arians) Septian Fujiansyah
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.v21i1.4293

Abstract

The provision of KPR facilities by the Bank, sometimes through the property company as a housing provider. The cooperation developed by the Bank and the property company is regulated in a cooperation agreement deed which contains clauses regarding everything related to the implementation of the cooperation. The problem discussed in this study is whether the implementation of the cooperation agreement between the property company PT. Cukat Trengginas Arians with PT. BTN (Persero) regarding housing finance with KPR is in accordance with the law of agreements and banking in Indonesia, how to resolve disputes if one of the parties violates the cooperation agreement between the property company PT. Cukat Trengginas Arians with PT. BTN (Persero) regarding housing finance with KPR, how the legal protection of the parties in the cooperation agreement between the property company PT. Cukat Trengginas Arians with PT. BTN (Persero) on housing finance with KPR.The implementation of the cooperation agreement between the property company (PT. Cukat Trengginas Arians) and PT. BTN (Persero) for housing finance with KPR which is the legal requirement for a cooperation agreement has been fulfilled and is in accordance with the agreement law and banking in Indonesia. The dispute settlement by one of the parties violates the cooperation agreement between the property company (PT. Cukat Trengginas Arians) and PT. BTN (Persero) is through both litigation and non-litigation channels. In its implementation, PT. BNI (Persero) and PT. Cukat Trengginas Arians prioritizes dispute resolution through non-litigation channels. Legal protection for the parties in the cooperation agreement between the property company (PT. Cukat Trengginas Arians) and PT. BTN (Persero) regarding the implementation of the housing finance cooperation agreement with KPR has been fully stated in the cooperation agreement, where each party has their respective rights and obligations and the legal protection is adjusted to the default made. Keywords: KPR, Cooperation Agreement, Property
DAMPAK PANDEMI VIRUS CORONA TERHADAP PELAYANAN RUMAH SAKIT DI KOTA MEDAN DITINJAU DARI PERSPEKTIF HUKUM Dewi Ervina Suryani
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.v21i1.4406

Abstract

The government has poured trillions of budgets as a form of seriousness in handling the coronavirus epidemic which began to plague in Indonesia in the early 2020. The amount of the subsidy funds for the treatment of COVID-19 patients given by the government to hospitals is used by unscrupulous hospitals to reap huge profits by convicting the patients who are suffering from other diseases so that they have the status of Covid-19 patients (not Covid-19, sentenced to Covid-19).This research is a type of normative legal research that conducted by examining library materials or secondary data. The secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials used in this study were obtained through books, government publications, internal organization records, reports, journals, up to various sites related to the coronavirus. The secondary data which obtained was then processed using library research data collection techniques (library studies). The study was then analyzed qualitatively through analytical descriptive methods, in order to obtain a general conclusion about the coronavirus.The results showed that the form of legal protection against the determination of the status of covid-19 on the patients of general disease by the hospitals in Medan city was in the form of compensation. This refers to the Law No. 8 of 1999 concerning Consumer Protection and the Law No. 36 of 2009 concerning Health.Keywords: Pandemic Impact, Coronavirus
Penolakan Notaris Muslim Terhadap Pembuatan Akta Ribawi (Perspektif UUJN Dan Hukum Islam) Nelli Ayunda Putri
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.v21i1.4295

Abstract

The dualism of usury deed arrangement causes Muslim notaries to experience a dilemma about their obligations in making authentic deeds. The regulation regarding usury is only regulated in Islamic law, while positive law does not clearly regulate it. The problem in this thesis is the consideration of refusing to make a usury deed; conditions are allowed to make usury deed; and the legal consequences of refusing to make a deed of usury. This research is descriptive, namely normative juridical. Sources of secondary data and supplemented by primary data through interviews. The data collection technique used literature study and qualitative data analysis which was described descriptively. The consideration of refusing to make a deed of usury is contrary to Article 29 of the 1945 Constitution and the first precepts of Pancasila and the Qur'an and Hadith. The conditions that allow the making of a usury deed are to complete a cooperation agreement with the bank, emergencies and needs, a Muslim notary is responsible for the deed made. The legal consequence of refusing to make a deed of usury is that Notary Supervisory Board can be prosecuted and followed up and will avoid the sin of usury.Keywords: Rejection; Muslim Notary; Acts of Ribawi
PEMBUATAN AJB OLEH PPAT DALAM KAITANNYA DENGAN KEWAJIBAN PEMBAYARAN BPHTB (Studi Putusan Mahkamah Agung Republik Indonesia Nomor : 1394/K/PID/2017) Barita Raja Simarsoit
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.v21i1.4407

Abstract

PPAT has a very important role in the process of making AJB. One of the stages of the process of making AJB is the payment of BPHTB which is the obligation of the taxpayer (recipient of land/building rights). PPAT has a role and responsibility as a local government partner in securing/supervising regional treasury income through BPHTB payments. PPAT can only sign the deed of transfer of rights to land and/or buildings after the taxpayer submits proof of tax payment in the form of SSPD BPHTB to PPAT. BPHTB payment obligations related to the transfer of rights with buying and selling involving PPAT found irregularities, namely: (i) the tax payment mechanism and process became more complicated and convoluted causing Taxpayers to Entrust BPHTB payments to PPAT so that BPHTB fraud often occurred by PPAT, (ii) the existence of Taxpayer's efforts to avoid payment of BPHTB by making a PJB Deed before the PPAT accompanied by a Deed of Authorization to Sell which is made separately (stand alone). Based on the Decision of the Supreme Court of the Republic of Indonesia Number: 1394/K/PID/2017 there is a case of PPAT officers in Deli Serdang misappropriating BPHTB payments so that it is declared legally and convincingly proven to have committed a criminal act of embezzling BPHTB and sentenced to 8 (eight) months in prison. MPPD Deli Serdang has a role to provide guidance and supervision of PPAT Persons who have been sentenced to criminal penalties. However, it is very unfortunate that the MPPD of Deli Serdang Regency has not carried out any follow-up to the PPAT persons who misappropriated the BPHTB due to the absence of clear Technical Instructions Implementation Instructions and Standart Operasional Procedure to regulate the procedures for fostering and supervising PPAT.Keywords: Role of PPAT, Making Sale and Purchase Deed, Deviation in Payment of BPHTB
Analisis Hukum Terhadap Penyertaan Modal Pemerintah Kota Tebing Tinggi Pada PT. Bank Sumut Sebagai Badan Usaha Milik Daerah Dudy Agung Trisna
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 3 (2022): Edisi Mei 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i3.5307

Abstract

The Regional Government Law gives authority to regions to explore regional potential with the aim of prospering the welfare of the local community. One of the regional efforts in realizing prosperity and welfare for the region is through capital participation in regional-owned company (BUMD). This study aims to provide an overview of how the rules and regulations governing local financial capital participation in BUMD companies, and how the process of implementing capital participation by the Tebing Tinggi City Government in the regionally owned company PT. Bank of North Sumatra and what the legal consequences of the Tebing Tinggi City Government's investment in PT. Bank of North Sumatra. This study uses a normative juridical method and uses secondary data, namely primary, secondary and tertiary legal materials and data collection techniques using literature study and field research by means of interviews. The results show that: the existing regional regulations at Pemko Tebing Tinggi regarding equity participation in PT. Bank of North Sumatra is not yet in accordance with existing laws and regulations. Third, the legal consequence of the mismatch between the regulations and the implementation related to capital participation that occurs in Tebing Tinggi City Government, does not result in the cancellation or legal invalidation of the capital participation. This is because the nominal capital participation has been recorded in the respective books Keyword : Investment Participation, Regional Government, Regional Owned Company.
Penegakan Hukum Pidana Terkait Penyidikan Tindak Pidana Narkotika Dalam Perspektif Undang Undang Nomor 35 Tahun 2009 Tentang Narkotika(Studi Kasus di Kepolisian Resort Aceh Tengah) Kadir, Hardi Meladi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 3 (2022): Edisi Mei 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i3.5303

Abstract

The enforcement of criminal law in the process of investigating narcotics users as perpetrators of narcotics crimes at the Central Aceh Police starts from receiving reports, taking the first action, arrests, searches, confiscates, examines suspects and witnesses, detention, and transfers case files and suspects to the prosecutor's office. .The entire investigation process that has been carried out by the Polri investigators will then be continued by the prosecutor's office in terms of preparing the prosecution to be submitted in a court trial and subsequently the sentencing of the defendant, all of which takes place in a Criminal Justice System in the context of enforcing criminal law.The obstacles faced by the Narcotics Satres of the Central Aceh Police in conducting investigations against narcotics crimes are limited personnel, budget, and the ability of investigators of the Narcotics Satres of the Central Aceh Police to conduct investigations and investigations of narcotics crimes. Not to mention the ability of investigators to conduct investigations into narcotics trafficking.It is recommended that the investigations and investigations carried out by the Narcotics Satres of the Central Aceh Police are supported in terms of personnel, budget, and increasing the capacity of investigators by the Aceh Police by adding personnel, increasing the budget, and increasing the ability of investigators. Keywords: Crime, Drugs
Sanksi Hukum Terhadap Tindak Pidana Menjual Kepada Umum Ciptaan Hasil Pelanggaran Hak Cipta Adnan, Muhammad Ali
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 3 (2022): Edisi Mei 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i3.5308

Abstract

The cause of the criminal act of selling to the public the creation of the result of copyright infringement is to take shortcuts to get the most profit, the legal sanction imposed by the court has been too light, by committing the violation, the tax on the product of the violation result is not need to be paid to the government, and the last is the low level of community education. Legal sanctions for the crime of selling to the public the creation of the result of copyright infringement is the imposition of criminal sanction in the form of imprisonment and fine of criminal to perpetrator of crime selling to public creation of violation result of copyright of threatened criminal sanction is punishable by imprisonment maximum 5 ( five) years and / or a fine of not more than Rp 500,000,000 (five hundred million rupiahs). To avoid the occurrence of criminal act of selling to public creation result of copyright infringement should government together with police can do socialization to society about penal effect of law if society still sell to public creation result of violation result of copyright. Keywords : Legal Sanctions, Criminal Acts, Solution Infringement
Kajian Hukum Penahanan Terhadap Pelanggaran Qanun Nomor 12 Tahun 2003 Tentang Minuman Khamar dan Sejenisnya Menurut KUHAP (StudiKasus di MahkamahSyariah Kota Subulussalam) Aman, Aman
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 21, No 3 (2022): Edisi Mei 2022
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v21i3.5304

Abstract

In practice, it is not easy to realize effective law enforcement, because there are many factors that influence it, both internal and external factors. However, creating conditions for effective law enforcement is not impossible, as long as there is seriousness and hard work from all parties, including the government, the private sector and the community.Therefore, the urgent thing to do is to make improvements in various sectors, both from the system and from the human resource factor, so that the performance and quality of law enforcement in the future can meet the expectations of the community.Law enforcers of Qanun No. 12 2003, among others, consist of Wilayatulhisbah, who is in charge of supervising, fostering, and advocating for the implementation of laws and regulations in the field of Islamic Shari'a in order to carry out amarma'rufnahimunkar, the Police as Investigators whose scope of functional duties is includes pre-emptive, preventive, non-judicial repressive and pro-judicial repressive actions in the field of general police duties and the enforcement of Islamic Shari'a, the Prosecutor as a Public Prosecutor with the authority to carry out special duties in the field of Islamic Shari'a, implementing the determinations and decisions of the Judges of the Syar'iah Court, and Judges The Sharia Court, whose terms and procedures for the appointment, dismissal and execution of their duties are stipulated by law.The procedural legal process stipulated in the implementation of Qanun Number: 12 2003 is still based on the Criminal Procedure Code. This is in accordance with Article 37 of Qanun No. 12 of 2003 and Article 32 of Qanun No. 13 of 2003 which states that: "Before the existence of the procedural law regulated in a separate Qanun, the procedural law regulated in Law No. 8 of 1981 concerning The Criminal Procedure Code, and other laws and regulations remain in effect as long as they are not regulated in this Qanun. Keywords: Detention, Qanun, Alcohol Drink

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