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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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Peran Otoritas Jasa Keuangan Terkait Perlindungan Konsumen Berbasis Maqasid Syariah Kholil, Ahmad
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6489

Abstract

The establishment of OJK is to organize an overall supervisory and regulatory system, especially in financial sector activities, both in non-bank and banking institutions. OJK has three objectives, namely creating a financial services sector that is contributive to equal distribution of wealth, creating a financial services sector that is stable, foreign-powered, and realizing financial services that are inclusive for society by providing credible protection to the consumers. This study aims to find out what regulations are issued by the Financial Services Authority institutions to protect the consumers who use peer to peer lending services and what sanctions are issued by the Financial Services Authority institutions if the perpetrators of financial services violate the provisions in the Financial Services Authority regulations. The method used in this research is descriptive method with a qualitative approach.In this case the Financial Services Authority issues regulations concerning the Consumer Protection in the Financial Services Sector. And if a financial service actor violates or does not comply with the regulations made by OJK, he will receive sanctions as stated in the regulation Number: 1/POJK.07/2013, if a financial service actor violates the provisions in OJK regulations, he will be subject to administrative sanctions, namely written regulations, Fines or paying a certain amount of money, Limitation of business activities, Freezing of business activities, as well as revocation of licenses for business activities. Keywords: Role, OJK, Protection, Consumers, Sharia Maqasid.
Penerapan Sanksi Terhadap Pelaku Pelanggaran Undang Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Saryana, Saryana
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6494

Abstract

To reduce the number of traffic accidents which are felt to be very high, it is directed at a comprehensive response that includes efforts to develop,prevent, regulate and enforce the law.Legal certainty must be upheld, but justice and expediency are far more important to implement.The issues to be discussed are : (1) What are the sanctions for violations of Law Number 22 of 2009? and(2) How are the sanctions applied to perpetrators of violations of Law Number 22 of 2009?This writing uses a normative and empirical juridical approach, using primary data sources and secondary data sources.From the results of the writing it can be concluded that(1) sanctions for violations of Law Number 22 of 2009 are differentiated into sanctions for criminal acts of violation and sanctions for criminal acts, each of which has criminal provisions or fines, the types of crimes and the severity of crimes are determined in various ways, and(2) the application of sanctions against perpetrators of violations of Law Number 22 of 2009 concerning road traffic and transportation cannot be applied by law enforcement officials as formulated by Law Number 22 of 2009, this is caused by the existence of several existing policy factors, including( a) the existence of the police who allow reconciliation of traffic accident crimes on the highway, (b) the existence of reconciliation carried out by the perpetrators of traffic accident crimes, (c) the provision of compensation and compensation as a form of peace from the perpetrators of traffic accident crimes cross. Keywords: application of sanctions; perpetrators of law violations; road transport traffic
Analisis Yuridis Perjanjian Jual Beli Tanah Dan Bangunan Dengan Hak Membeli Kembali (Studi Putusan Mahkamah Agung NO. 925 PK/PDT/2019) Pasaribu, Efrilla Azizah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6490

Abstract

An authentic deed has complete evidentiary power which contains the legal actions of the parties as the embodiment of the will of the parties. The existence of a discrepancy between the will and the statement can cause legal uncertainty for the parties, especially in sale and purchase where the will of debt and receivables is converted into a sale and purchase.  In this case, the sale and purchase agreement with the right to repurchase is commonly  used in the community to cover a debt and often causes problems. Based on this, the problems raised in this thesis research are how the legal position of the Sale and Purchase Binding Deed with the right to repurchase which is covered by a account receivables correlation, how is the legal analysis of the judges’ considerations in this decisions at each level of justice and what are the legal consequences and liability of the notary to the Sale an Purchase Binding Deed with the right to repurchase which he made is canceled by the court because it contained elements of an unlawful act.            This research employs normative juridical research method using a qualitative approach and descriptive analysis. The data used to answer  the problems in this research are primary data and secondary data derived from document studies and interview guidelines.            The research results show that legal position of the Sale and Purchase Binding Deed accompanied by an agreement with the right to repurchase which is shrouded in a account payable correlation is invalid and has no binding legal force so that is null and void because it is considered a quast/simulation agreement where there is a conflict between the will and the parties agreement. The legal consequence of a deed that has been canceled by the court because it contains elements of an unlawful act is that the deed has no binding legal force and is degraded into an underhand deed so that the notary must be responsible for the mistake. Notaries should apply the precoutionary principle to minimize mistakes in making the Deed, especially regarding sale and purchase agreements with the right to repurchase which have a high risk of legal smuggling. Notaries must have honesty, act carefully, ptotect the interests of the parties and provide legal counseling for those who come to them as mandated in the Law of Notary Positions.  Keyword : agreements, sale and purchase of land, the rights to repurchase
Problematika Gugatan Perdata Terhadap Ahli Waris Pelaku Tindak Pidana Korupsi AR, Zulkifli; Rosalina, Maria; Jehan, Ahmed
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6495

Abstract

Corruption crimes that occur in Indonesia are still a serious problem that can result in losses to state finances that can affect the country's ability to fulfill the rights of its people. The process of recovering state financial losses on the one hand is part of the examination of criminal cases as in the case of additional crimes is of course very effective, but in certain cases as stipulated in Article 32 paragraph (1) (2), Article 33, Article 34 and Article 38 C It is no longer possible to carry out the criminal process under the Corruption Crime Law, so in this case the civil law enforcement process needs to be upheld even though it has to go a long way as a lawsuit in the civil procedural law stipulated in the HIR and Rbg.The Attorney General's Office as the State Attorney General has the authority to file civil lawsuits for state losses resulting from the actions of the perpetrators of corruption against their heirs. For the effectiveness of the civil lawsuit process regulated in the HIR and Rbg in terms of recovering state losses, it is deemed necessary for the Supreme Court to respond by making complementary rules to the formal law in accordance with the principle of justice that is carried out quickly, simply and at low cost as stipulated in the Law. Law Number 48 of 2009 concerning Judicial Power.Keywords: Civil Lawsuit, Heirs, State Attorney, Corruption Crime.
Pengaturan Warisan Beda Agama Dipandang Dari Hukum Islam Dan Hukum Perdata Rahmadani, Gema
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6491

Abstract

The heir who dies is a Muslim, so his inheritance rights are Islam, so that the settlement of inheritance for heirs can be carried out according to Islam and can be resolved in the Religious Courts. If the heir has a different religion from the heir, then the inheritance settlement is carried out in the District Court. Heirs of different religions still receive inheritance through a mandatory will with the acquisition of inheritance rights for heirs of different religions whose share is not more than 1/3 of the inheritance. So that in Islamic law, non-Muslim heirs of different religions with Muslim heirs still get their rights as heirs through a mandatory will. Keywords: Inheritance, Religion, Islamic Law, Civil Law
Urgensi Pengembangan Regulasi Pengelolaan Ziswaf Lembaga Pendidikan Pesantren Zuhirsyan, Muhammad; Supaino, Supaino; Suhendar, Asep Dadan; Taufik, Yuyun; Nurmansyah, Andry
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6496

Abstract

The establishment of OJK is to organize an overall supervisory and regulatory system, especially in financial sector activities, both in non-bank and banking institutions. OJK has three objectives, namely creating a financial services sector that is contributive to equal distribution of wealth, creating a financial services sector that is stable, foreign-powered, and realizing financial services that are inclusive for society by providing credible protection to the consumers. This study aims to find out what regulations are issued by the Financial Services Authority institutions to protect the consumers who use peer to peer lending services and what sanctions are issued by the Financial Services Authority institutions if the perpetrators of financial services violate the provisions in the Financial Services Authority regulations. The method used in this research is descriptive method with a qualitative approach.In this case the Financial Services Authority issues regulations concerning the Consumer Protection in the Financial Services Sector. And if a financial service actor violates or does not comply with the regulations made by OJK, he will receive sanctions as stated in the regulation Number: 1/POJK.07/2013, if a financial service actor violates the provisions in OJK regulations, he will be subject to administrative sanctions, namely written regulations, Fines or paying a certain amount of money, Limitation of business activities, Freezing of business activities, as well as revocation of licenses for business activities. Keywords: Role, OJK, Protection, Consumers, Sharia Maqasid.
Perlindungan Hukum Terhadap Karya Cipta Di Media Internet AR, Azhari
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 2 (2023): Edisi Januari 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i2.6492

Abstract

The legal aspect becomes very important because the law is expected to be able to overcome various problems that arise related to IPR. The law must be able to provide protection for a person's intellectual work, so that it is able to develop the creative power of society which ultimately leads to the goal of protecting IPR. In addition, the technological aspect is also one of the factors that becomes very dominant in the development and protection of IPR. Protection of Copyright as Movable Objects That Have no Form, that Copyright is an intangible movable object in accordance with what is stipulated in Article 16 Paragraph (1) UUHC. Copyright as an intangible movable object in the conception of civil law is a material property right over an immovable object.Keywords : Legal Protection, Copyright, Internet Media
PERTAGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MEMPERDAGANGKAN JARINGAN TUBUH MANUSIA MENURUT HUKUM POSITIF DI INDONESIA Panca Sarjana Putra
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 3 (2023): Edisi Mei 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i3.6927

Abstract

The perpetrators of the crime of trafficking in human organs are not only carried out by criminal syndicates who want to get money by illegal means, but the perpetrators can also be the people themselves who sell their organs with the intent and purpose of getting money. Regulations regarding the criminal act of trading in organs/body tissues in the Criminal Code do not clearly prohibit acts of trading in human organs, as well as in Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons which includes trading in organs into acts of exploitation of people while in the Law -Law Number 36 of 2009 concerning Health has clearly regulated that human organs are prohibited from being traded under any circumstances. Article 192 of Law Number 36 of 2009 stipulates that every person who deliberately trades organs or body tissue under any pretext as referred to in Article 64 paragraph (3) is subject to criminal sanctions. with a maximum imprisonment of 10 years and a maximum fine of IDR 1 billion. Keywords: Criminal Acts, Trading, Body Organs
PENGUATAN PUTUSAN BAWASLU KABUPATEN/KOTA MENJADI FINAL DAN MENGIKAT DALAM SENGKETA PEMILIHAN DENGAN PERSPEKTIF KEPASTIAN HUKUM Batara Abdullah Nasution; Zulkifli AR
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 3 (2023): Edisi Mei 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i3.7016

Abstract

The decision of the Regency/City Bawaslu is deemed not strong enough to provide legal certainty in the Regional Election system. For this reason, it is necessary to create legal certainty in resolving disputes over the Regional Election process by strengthening the decisions of Regency/City Bawaslu. This research is a normative legal research. The results of the study indicate that the decision of the Regency/City Bawaslu needs to be strengthened against the nature of the decision to be final and binding which aims to create legal certainty in the Regional Election. Keywords: Decision, Regional Election, dispute, final and binding
PELAKSANAAN MEDIASI DALAM PERMA NOMOR 1 TAHUN 2016 DAN PERMA NOMOR 3 TAHUN 2022 (Suatu Perbandingan) Maria Rosalina
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 22, No 3 (2023): Edisi Mei 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v22i3.6979

Abstract

Before examining, adjudicating and deciding on the main case, the panel of judges first orders the parties to mediate. Advances in science, technology and communication also have an impact on the implementation of manual mediation, as stipulated in Perma No.1 of 2016. As a result, Perma No.1 of 2016 is refined with Perma No.3 of 2022 where mediation can be carried out directly or electronically, based on the agreement of the parties. Of course there are differences and similarities in the implementation of mediation regulated in No.1 of 2016 and Perma No.3 of 2022. Keywords: Mediation, Perma, A Comparison

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