cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Gema Rahmadani
Contact Email
hukum_kaidah@fh.uisu.ac.id
Phone
+6285276550095
Journal Mail Official
hukum_kaidah@fh.uisu.ac.id
Editorial Address
Jl. Sisingamangaraja. Teladan. Medan-Indonesia 20217 https://jurnal.uisu.ac.id/index.php/jhk/about/contact
Location
Kota medan,
Sumatera utara
INDONESIA
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
 18   19   20   21   22 
Dampak Penyelenggaraan Pendaftaran Merek Berdasarkan Asas First to File Savira, Elsa
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.v23i1.8094

Abstract

Abstract One type of rights protected by Intellectual Property Rights (HKI) is trademark. In order to create legal certainty and legal protection of trademark rights to each legal subject, the Ministry of Law and Human Rights via DJKI organizes trademark registration based on the first to file rule. Implementation of trademark registration based on the first to file rule has had both positive and negative impacts. This research discusses trademark registration based on the first to file rule. In this regard, this research is focused on examining the negative impacts of carrying out trademark registration based on the first to file rule. This is a normative research. The method used is normative juridical. This research is prescriptive analysis, using various types of data in legal research. The results show that the negative impact of implementing trademark registration based on the first to file rule is in the form of the actions of individual legal subjects who submit applications for registration of trademark rights to the Minister of Law and Human Rights via DJKI, which violates the rights of legal subjects who use the trademark for the first time (first to use) Key words: impact, registration, trademark
Penerapan Restorative Justice Dalam Perkara Penyalahgunaan Narkotika Berbasis Hukum Progresif Affan, Ibnu; Rahmadani, Gema
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.v23i1.8101

Abstract

The restorative justice approach through rehabilitation in narcotics abuse cases in Indonesia is important because apart from being able to recover addicts from their dependence on narcotics, it can also overcome the problem of overcrowding in prisons.According to data from the Directorate General of Pas on May 9 2022, the number of convicts and detainees throughout Indonesia reached 273,982 people. Meanwhile, the ideal capacity of prisons and detention centers is only able to accommodate around 124,696 prisoners and detainees. Nearly 60% (sixty percent) of prison inmates are narcotics related and more than 80% (eighty percent) of that number are narcotics abusers. Keyword : Restorative Justice, Abuse, Narcotics, Progressive Law
Penyelesaian Perkara Narkotika Bagi Penyalahguna Sebagai Korban Dengan Pendekatan Keadilan Restoratif Dalam Kajian Norma Keadilan Berdasarkan Pancasila Sidabutar, Ronny Nicolas
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.v23i1.8095

Abstract

Abstract This study aims to analyzethe urgencyofholding restorativejusticefornarcotics abusers who are using narcotics for the first time. And to analyze the reformulation of thetermination of prosecution of narcotics abusers who are using narcotics for the first time.This legal research uses a statutory approach and a conceptual approach and a caseapproach. This study resulted in an answer that the urgency of implementing restorative justice is to avoid and distance someone from the judicial process so that they can avoidstigmatization of someone who is in conflict with the law and it is hoped that the person canreturn to thesocial environment naturally. The application of restorative justice is very necessary so that efforts to resolve cases for narcotics crimes for the first time can befocused on recovering (rehabilitation)for the violations committed no longer as retaliationfor the perpetrators but as a form of recovery. And the reformulation of termination of prosecution based on restorative justice, terminationof prosecution is carried out by taking into account: a. the interests of the victims and other protected legal interests; b. avoidanceof negative stigma; c. avoidance of retaliation; d. community response and harmony; and e. obedience, decency, and public order. In addition, criminal cases can be closed for thesake of law and the prosecution stopped based on Restorative justice in terms of the fulfillment of the condition "the suspect has committed a crime for the first time". The application of restorative as a stage of stopping prosecution is important for narcoticsusers who are using narcotics for the first time because by stopping prosecution usingrestorative justice, the rights of abusers can be guaranteed. Keyword: Restorative Justice; Narcotics Abusers; Termination of Prosecution
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
PEMBERLAKUAN TEORI-TEORI HUKUM ISLAM DI INDONESIA Farid, M; Panjaitan, Budi Sastra; Lubis, Fauziah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8728

Abstract

Before the introduction of Islamic law, the Indonesian people adhered to customary law which had various systems and was very diverse in nature. In reality, the Islamic religion has had a big influence on the lives of Indonesian people to this day. Apart from that, the majority of the Indonesian population adheres to Islam, so it is natural that Islamic law always colors national law in Indonesia. The aim of this research is to find out the history of the implementation of Islamic law in Indonesia and the role of Islamic law in the development of national law in Indonesia using library research methods. The conclusion of this research is that Islamic law entered Indonesia at the same time as Islam entered Indonesia, which according to some circles began in the VII or VIII century AD. Meanwhile, Western law was only introduced by the VOC at the beginning of the seventeenth century AD and in the development of Indonesian national law, religious law ( Islamic law) is the most dominant basis, where Islamic law plays a very important role in shaping Indonesian human behavior. Therefore, Islamic law is an absolute element for the development of Indonesian national law. Keywords: History of Islamic Law, Theory of Islamic Law, reception a complex
Desain Indutri Sebagai Karya Yang Dilindungi (HAKI) AR, Azhari; Rahmadani, Gema
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 1 (2019): Edisi September 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i1.1741

Abstract

A designer has a copyright on the results of his creativity in the form of a blueprint and has the exclusive right to make the artwork into three or two dimensions. The industrial design law is directed at protecting mass-produced goods. People prefer protection with the right to industrial design, which is only protected for 10 years. This is because a design is very easy and can be imitated quickly by the general public. When it is protected by copyright, it becomes ineffective and wasteful. Copyright does not protect mass products.Keywords: Design, Industry, Work, Intellectual Property Rights
Perlindungan Hukum Terhadap Anak dalam Upaya Pencegahan Tindak Pidana Kekerasan Seksual pada Anak Lubis, Muhammad Ansori
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.v23i1.8460

Abstract

Children are often victims of sexual violence. Children who become victims of this crime continue to increase, as if the perpetrators never feel the concern that the law will ensnare with severe sanctions. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, there are still many obstacles encountered. these obstacles are both obstacles from internal factors and obstacles from external factors. The implementation of legal protection for child victims of sexual violence in reality still cannot be implemented optimally in accordance with the policies of existing laws and regulations in Indonesia. In enforcing the law in the crime of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family and the community. Based on Law Number 35 of 2014 concerning the legal protection of children in article 64 (special protection of children in conflict with the law as referred to in article 59 paragraph (2) letter b) is carried out through: humane treatment by paying attention to needs in general, separation from adults, effective provision of legal aid and other assistance, or other cruel, inhuman and degrading treatment, avoidance of the imposition of the death penalty and/or life imprisonment, avoidance of arrest, detention or imprisonment, except as a last resort and within the shortest time. provision of justice before the court. Keywords: Legal Protection, Prevention, sexual
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.
Hak Mewaris Bagi Ahli Waris Yang Berkebutuhan Khusus Dalam Perspektif Hukum Perdata Sulastri, Sulastri; Ramadhani, Dwi Aryanti; Sakti, Muthia
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 24, No 1 (2024): Edisi September 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v24i1.9956

Abstract

The inheritance rights of a child who becomes an heir is the main thing to be studied in more depth in this research. Especially when the child who is gifted by God has special needs. As a normal heir or legal subject can be declared legally capable, but how is the legal protection of rights with children with special needs, the question is the first formulation of the two formulations, while the second formulation is how rights and obligations in the perspective of civil law. This research was completed with a normative juridical method, and with a literature review approach, this research method has a descriptive analysis nature, meaning that the two formulations will be explained in detail from the elaboration of primary legal sources and tertiary legal sources. This study concludes that the legal protection of heirs to children with special needs has been regulated in Article 432 of the Civil Code as a fundamental paradigm in the implementation of legal protection. While the rights and obligations obtained need to be facilitated by the concept of guardianship or guardianship, so that the rights and obligations of children with special needs can be accommodated optimally. Keywords: the Heir, Special Needs, Perspective, Civil Law
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

Page 20 of 29 | Total Record : 281

 18   19   20   21   22 

Filter by Year

2018 2024


Reset
Filter By Issues
All Issue Vol 24, No 1 (2024): Edisi September 2024 Vol 23, No 3 (2024): Edisi Mei 2024 Vol 23, No 2 (2024): Edisi Januari 2024 Vol 23, No 1 (2023): Edisi September 2023 Vol 22, No 3 (2023): Edisi Mei 2023 Vol 22, No 2 (2023): Edisi Januari 2023 Vol 22, No 1 (2022): Edisi September 2022 Vol 21, No 3 (2022): Edisi Mei 2022 Vol 21, No 2 (2022): Edisi Januari 2022 Vol 21, No 1 (2021): EDISI SEPTEMBER 2021 Vol 20, No 3 (2021): Edisi MEI 2021 Vol 20, No 2 (2021): Edisi Januari 2021 Vol 20, No 1 (2020): Edisi September 2020 Vol 19, No 3 (2020): Edisi Mei 2020 Vol 19, No 2 (2020): Edisi Januari 2020 Vol 19, No 1 (2019): Edisi September 2019 Vol 18, No 3 (2019): Edisi Mei 2019 Vol 18, No 2 (2019): Edisi Januari 2019 Vol 18, No 1 (2018): Edisi September 2018 Vol 17, No 3 (2018): Edisi Mei 2018 Vol 17, No 2 (2018): EDISI JANUARI 2018 More Issue