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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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PENGHIMPUNAN DANA ZAKAT MELALUI BANK KONVENSIONAL DALAM PERSPEKTIF FIKIH MUAMALAH Muhammad Zuhirsyan; Nurlinda Nurlinda; Irwan Musriza; Supaino Supaino
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.v22i3.7017

Abstract

This paper aims to analyze the problem of collecting zakat funds in the management of contemporary zakat funds through conventional banks from the perspective of muamalah fiqh. This research is a field study with data collection methods in research using observation observations with data analysis used using descriptive analysis based on the analysis of muamalah fiqh principles regarding contemporary zakat fundraising. The results of the study show that empowering Islamic banking in collecting and even managing it is a necessity that zakat managers must provide Islamic bank accounts in an effort to collect zakat funds, this is an effort to ensure that all transactions carried out are in accordance with Islamic sharia coredor. However, conventional banking accounts are also needed in the field, so sharia banking accounts must be a top priority. Keywords: Zakat, Conventional Banks, Jurisprudence, Muamalah
ANALISIS HUKUM IMPLEMENTASI PERPINDAHAN PERWALIAN DALAM PERNIKAHAN Abd. Aziz Tambunan; Dhiauddin Tanjung
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.v22i3.6980

Abstract

Marriage is a worship that is highly recommended by religious teachings, which aims to continue the existence of the caliph generation on earth. The basis and references regarding marriage have been elaborated in various legal regulations, both fiqh and Indonesian legal regulations. The guardian in a marriage is one of the pillars that must exist in a marriage. This has been regulated by Islamic law including KHI. Even in the Marriage Law, the prerequisites regarding this matter have also been emphasized. Although the existing regulations do not explain in detail the issues of guardianship and transfer related to this problem. Keywords: Implementation, Transfer Of Collateral, Marriage
STRICT LIABILITY ATAS PERBUATAN MELAWAN HUKUM DITINJAU DARI FILSAFAT HUKUM Septian Fujiansyah
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.v22i3.6985

Abstract

Abstract The concept of unlawful acts (PMH) in the Civil Code does not explicitly describe the phrase regarding PMH. It is known that if you look at the contents of the provisions of Article 1365 of the Civil Code, it can be seen that the article does not provide a formulation regarding unlawful acts, but only regulates how a person suffers losses due to an unlawful act. unlawful acts committed by other people can file a lawsuit against him. compensation. For this reason, from a legal point of view, it is necessary to study the intent of the act which is included in the category of unlawful act, including its relation to the strict liability that can be applied to those who are proven to have committed an unlawful act. The purpose of this study is to find out the basic philosophical concept of unlawful acts in Indonesia, as well as to find out the strict liability that can be applied to perpetrators of unlawful acts. The research conducted was normative juridical research using secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is known that the philosophically basic concept of unlawful acts in Indonesia is based on the basis of Roman law, namely the principle of unlawful acts which are simple, but can capture all, in the form of unlawful acts. which is formulated as an act that harms other people, for which the person who was wronged must pay compensation, so that philosophically as long as it violates the law and harms other people it is included in the category of Unlawful Acts. Then the firm responsibilities that can be applied to perpetrators of unlawful acts in general are based on Article 1365 of the Civil Code, namely in the form of compensation, both principal compensation, interest and additional compensation, the category of legal responsibility is both material losses and compensation. non-material compensation. Keywords: Responsibility, Unlawful Acts, Legal Philosophy
SEJARAH PERKEMBANGAN HUKUM ISLAM DI INDONESIA Abu Bakar
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.v22i3.6986

Abstract

To develop the process of transforming Islamic law into the supremacy of national law, the participation of all relevant parties and institutions is required, as is the case with the relationship between Islamic law and state power bodies which refers to established legal political policies (adatrechts politiek). The legal politics is a product of interaction among political elites based on various socio-cultural groups. When Islamic political elites have strong bargaining power in political interactions, the opportunities for the development of Islamic law to be transformed are even greater. Observing the historical journey of the transformation of Islamic law, laden with various historical, philosophical, political, sociological and juridical dimensions. In reality, Islamic law in Indonesia has experienced ups and downs along with legal politics implemented by state power. All of this, rooted in the socio-cultural strength of the majority of Muslims in Indonesia, has interacted in the political decision-making process, resulting in various political policies for the benefit of the Islamic community. Keywords: history, development, islamic law
PERLINDUNGAN HUKUM TERHADAP PEMBELI PADA PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH DAN BANGUNAN Tajuddin Noor; Suhaila Zulkifli
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.v22i3.7376

Abstract

In practice, many binding sale and purchase agreements (PPJB) are carried out in buying and selling transactions of land rights as immovable objects. According to the Land Law, which underlies the sale and purchase transaction of land rights, has the basic concepts of trade and cash. However, in practice this basic and clear concept for various reasons often cannot be fulfilled. Not or have not fulfilled the requirements for the legal action of buying and selling land rights with a sale and purchase deed drawn up by the Land Deed Making Officer (PPAT) does not mean transaction cannot be made. There are other legal instruments as a legal breakthrough that can be carried out with the Deed of Sale and Purchase Agreement as a binder, as a sign of the completion of the transaction while waiting for the completeness of the requirements needed to carry out transactions with the deed of sale and purchase by the PPAT. The problem in this study is how to regulate the transactions made by prospective buyers and prospective sellers in binding sale and purchase agreements (PPJB) and how is the legal protection of the buyer in binding sale and purchase agreements (PPJB). The conclusion of this study is that the PPJB arrangements are based on articles in Civil Law, especially civil laws such as Article 1320 of the Civil Code and Article 1338 of the Civil Code and several important principles underlying the birth of the agreement to protect buyers in PPJB are: 1. The clauses contained in the PPJB notary deed. 2. There is full power of attorney (absolute) to the buyer in the PPJB deed 3. The existence of repressive protection in the event of a dispute through legal proceedings to the District Court Keywords: Legal Protection, Debtor, Sale Purchase Agreement, Land and Buildings
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK KORBAN KEKERASAN DALAM RUMAH TANGGA (STUDI PENETAPAN NOMOR: 02/PEN.PID/KDRT/2020/PN. Mdn) Syarifuddin, Syarifuddin; Rahmadani, Gema; Ali, Siti Husniyyah
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.v22i3.7377

Abstract

Legal protection for women and children is highly prioritized as a state commitment as emphasized in Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Violence becomes a phenomenon in life, not only in the public sphere, but also in the domestic sphere which gives rise to violence in the household (KDRT). ). Husband and wife relationships should ideally be built in a harmonious and happy atmosphere, but many wives experience acts of violence from their husbands, both physically, psychologically, sexually and economically. Victims of domestic violence find it difficult to express the suffering they experience to law enforcement, because of the strong view that the husband's abusive treatment of his wife is part of a personal event, so he cannot be reported to the police, besides, he is worried that the husband will be more abusive to himself after his wife returns to his house because there is no legal protection from the police and/or courts. Even some of the wives of victims of domestic violence chose to hold back the suffering she goes through because she worries about her future if her husband has anything to do with law enforcement. 1 Dosen Fakultas Hukum UISU This study uses a normative juridical method. The approach used is legislation, concept and case analysis. primary and secondary legal materials. Collection technique through literature study and qualitative analysis. Fulfillment of the rights of victims of domestic violence based on Article 10 letter a of the PKDRT Law in Designation Number: 02/PEN.PID/KDRT/2020/PN. MDN, has not provided legal certainty, justice and benefits for victims, because there is no firm action from law enforcement officials if protection for victims based on court decisions is not implemented, because these decisions are only declarative in nature and do not have executorial power. The implementation of the protection order without the victim's perspective is evidenced by the absence of a firm court order to limit the perpetrator's space for movement, the prohibition to enter the shared living space, the prohibition to follow, supervise or intimidate the victim. victims (Explanation of Article 31 Paragraph (1) letter a of the PKDRT Law), so that court decisions in criminal cases only explain or stipulate a situation so that it does not need to be implemented, which results in not having legal force based on court products.
ASPEK HUKUM PERSAINGAN USAHA TIDAK SEHAT PADA PEDAGANG RITEL Rini Novita; Diana Lubis; Cut Nurita
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.v22i3.7508

Abstract

One of the problems encountered when talking about the business climate is unfair competition. Basically the business world is concerned with or longs for big profits in its business sector. The form of business competition in retail traders is that business actors set prices below the market price that should be, between franchise minimarkets one with another vying to set prices far below the market price. The existence of price competition carried out by the franchised minimarkets can have a negative impact on traditional business actors in the vicinity of these locations, namely traditional traders losing consumers. The legal remedy for retail traders in dealing with conflicts between retail traders is to make a complaint or report to KPPU. Parties who suffer losses as a result of violations of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition may report in writing to KPPU with complete information and include the identity of the complainant.Keywords: Competition Unfair, Business, Retail.
Keterbukaan Informasi Dalam Pemberitaan Media Elektronik Kaitannya Dengan Penegakan Hukum Pidana Terhadap Asas Praduga Tidak Bersalah Christian Sipayung, Ronald Fredy
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8096

Abstract

Presumption of innocence is a universal principle that exists and applies to every country in the world that calls itself a country based on law. In criminal justice theory, there are two criminal justice models, namely: Crime Control Model (CCM) and Due Process Model (DPM). The guarantee for human rights protection cannot only be provided through the inclusion of this principle because the presumption of innocence is 'abstract', so it requires further implementation in the administration of criminal justice. Differences in perspective among law enforcers, especially prosecutors and judges, as well as among the public, result in differences in punishment and charges in one case with another. In addition, the public's understanding differs regarding the principle of the presumption of innocence, resulting in public distrust of the law, which has led to excessive reporting on criminal offences, even though it is not certain that the suspect or defendant actually committed the alleged crime. Key words: disclosure, information presumption of innocence
Penyadapan Dalam Tindak Pidana Korupsi Menurut Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik Ridwan Lubis, Muhammad
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8097

Abstract

The impact of progress in the field of information technology is that wiretapping is carried out to be used as evidence. One example of a criminal act that can be carried out by wiretapping is the crime of corruption which is an extraordinary crime. All wiretapping actions carried out by the Corruption Eradication Commission (hereinafter referred to as the Corruption Eradication Commission) and any agency that has wiretapping devices must be given strict limits and supervision. The research method used is normative juridical legal research with a normative juridical approach using secondary data in the form of primary legal materials, secondary legal materials and tertiary materials. Based on the research results, it is understood that the legal regulation of wiretapping in criminal acts of corruption according to the ITE Law is an act that is prohibited by the Law. ITE and its changes and the perpetrators can be subject to criminal sanctions. The exception to the provisions prohibiting wiretapping or interception is interception carried out in the context of law enforcement at the request of the police, prosecutor's office or other institutions whose authority is determined by law. One of the law enforcement institutions authorized by law to carry out wiretapping is the KPK. Keywords: Wiretapping, KPK, Corruption.
Tanggung Jawab Pemerintah Terkait Penonaktifan Peserta PBI Terhadap Kebijakan Surat Keputusan Kementerian Sosial No. 70 Tahun 2019 Tahap Ke Enam Amalia, Apri; Gunawan Purba, Indra; Sipahutar, Ervina Sari
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8098

Abstract

In 2019 the number of poor people ini Medan Citywas 183,790 people with a percentage of the population receiving PBI health insurance of 29,60% based on data from the Central StatisticsAgency. PBI JK participants are people who are classified as poor and cant’t afford whosecontributions are paid by the Government in the amount of Rp. 420.000. In 2091 the Ministry of Social Affairs issued Decree No. 70 0f 2019 sixthphase concerning policies against deactivating PBI JK participants. This is what becomes a polemic ini a society that can’t afford it. The deactivation of thin Center certainly affects PBI participants who hold the Medan Sehat Card in the city of Medan, which provide health protectionbenefits for Medan city residents.The research method uses a normative-empirical research type. The 1945 constitution explicitly stated that the state is obliged to provide health facilities for the poor and is obliged to develop a Social Security System, hence Law no 40. 0f 2004 concerning the National Social Security System and Law no. 24 of 2011 concerning Sosial Security Administering Bodies. Responbility ofthe Medan City Government in collaboration withBPJS Health, the social service and the Medan City Government Hosipital provide and coordinate in carrying out their socialresponbilities for PBI recipients whose assistancehas been stopped by the Minsitry of Social Affairs. BPJS Health as an institution managing guarantees of free health servicer to the poor must coordinate with the Medan city social service as an extension of the government to provide information related to community povertydata ini terms of data management. This coordination is to create order between institutions and the public in the use of law whichfunctions as legal certainty. Keywords: Contribution Assistance Recipients,Health Insurance, Medan City Government

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