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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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TINDAK PIDANA YANG DILAKUKAN OLEH WANITADALAM PERSPEKTIF PERLINDUNGA HUKUM BERDASARKAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIANOMOR 3 TAHUN 2017 Napitupulu, Raffles Devit Marianto; Sahari, Alpi; Onny, Medaline
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9229

Abstract

The research conducted is normative legal research with statutory methods (statute approach), conceptual approach (conceptual approach) in adjudicating women facing the law, judges have considerations based on facts in court, exploring the values that live in society, conventions and international agreements related to gender equality that have been ratified. The concept of legal protection for women in conflict with the law does not seem to be well implemented, because in reality there are still many women in Indonesia who are in conflict with the law who find it very difficult to get access to justice. Keywords: Crime, Women, Legal Protection
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
Pemaknaan Ihdad Bagi Perempuan Yang Beriddah Di Era Digital Aminudin, Aminudin; Nurasiah, Nurasiah; Sukiati, Sukiati
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.v23i2.8687

Abstract

This study aims to find out ihdad for women who are still in the iddah period of death by their husbands in the digital era. For women whose husbands die, they still actively use social media, of course this will contradict the classical rule that during the iddah period of four months and ten days, the wife expresses her grief by not wearing makeup, not blinking her eyes, not wearing perfume and not leaving the house except on certain business. Even though in fact she does not leave the house nowadays, by uploading photos or videos on social media pages, more people will see. The question is how to use social media when women are in the ihdad period. This research is qualitative with a normative study approach, which is research that is directed and focused on collecting library materials, which have to do with the problem of ihdad. The results of this study conclude that women who are left dead by their husbands are not allowed to use social media social media as a medium to express feelings, share daily activities, upload photos or videos of themselves for four months and ten days, to avoid negative things and can cause lust for men. Keywords: Analysis, Ihdad, for Women, Digital Age, Islamic Law
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
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.
PERADILAN IN ABSENSIA DALAM KAITANNYA DENGAN PERLINDUNGAN HAK ASASI TERDAKWA Novita, Rini
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9736

Abstract

stated in Article 1 sub 15 of the Criminal Procedure Code, that the defendant is a suspect who is charged, examined and tried in court. The principle of the defendant's presence in a criminal case is based on the defendant's human rights as a human being who has the right to defend himself and defend his rights to freedom, property or honor. In absentia justice, there are two mutually contradictory interests, namely the interests of society or the state and the interests of the suspect/accused on the other hand, so that the issue of in absentia justice is a difficult and complex problem, as well as an actual problem to be discussed. The government and legal practitioners in general should pay more serious attention to efforts to develop a method or system that can bring these two conflicting interests into a situation where the interests of both are truly taken into account. According to the Criminal Procedure Code, when examining criminal cases, the District Court must hear the defendant's own statement in order to give the defendant an opportunity to defend himself. In certain criminal offenses, there is the possibility of being tried outside the presence of the defendant (in absentia) provided that he has been summoned twice in a row to legally fail to appear at the court hearing, the court has the authority to try him outside the presence of the defendant. Keywords: Justice, In Absence of the Human Rights of the Defendant
Pelaksanaan Upaya Yang Diberikan Untuk Melindungi Anak Dari Ekploitasi Untuk Dijadikan Pengemis Sunarto, Atika
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.v21i3.5309

Abstract

The cause of the child ng exploited to serve as the perpetrator of a crime is an internal factor. This internal factor is more directed to a family's situation factor which describes a situation within the individual and the family of a child who is exploited to be a beggar who encourages them to beg. These factors are individual and family poverty, age, formal education, parental permission, low skills and mental attitude. Criminal law policy against perpetrators who send children as beggars can be categorized as perpetrators of criminal acts so that the perpetrators may be subject to criminal or imprisonment sanctions or both at once. The threat of imprisonment is a maximum of 10 (ten) years, while a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah). Criminal liability for the perpetrator who commits the child as a beggar is an act as regulated in the provisions of Article 301 of the Criminal Code and Article 76 I and Article 88 of Law Number 35 Year 2014 About Amendment to Law Number 23 Year 2002 on Child Protection regulates the subject of ordering the child begging the begging is a criminal act and to the perpetrator may be subject to criminal sanctions. Keywords: Children, Begging
Analis Yuridis Penggunaan Ganja Untuk Keperluan Kesehatan Dalam Perspektif Kemanfaatan Guna Pemenuhan Hak Dasar Kesehatan Setiap Warga Negara Purba, Indra Gunawan
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.v23i2.8775

Abstract

Marijuana has been a public issue in Indonesia for a long time. The 1970s are considered to be the year when marijuana was first known and consumed by many people. In narcotics law, marijuana is a class I narcotic which has a very high potential to cause dependence and is not used for therapy. However, several institutions have proposed that marijuana be legalized in Indonesia, apart from being considered to provide medical benefits, it also has economic potential. Marijuana is currently still classified as Category I Narcotics in the Narcotics Law, while the use of marijuana for health reasons in Law Number 36 of 2009 concerning Health is not specifically regulated. In Article 102 of the Health Law, the use of pharmaceutical preparations in the form of narcotics and psychotropic substances can only be done based on a doctor's or dentist's prescription and is prohibited from being misused. Marijuana cannot be used for medical purposes.. The perspective of the Indonesian Health Law sees the use of marijuana for medical purposes in Law Number 36 of 2009 concerning Health that demands for the legalization of marijuana cannot be separated from the health conditions of the Indonesian people. From several research results, marijuana can treat several diseases such as glaucoma, lung health, epilepsy, cancer cells, chronic pain, Alzheimer's, acne, diabetes, and HIV/AIDS. Therefore, the legal steps that can be taken to legalize the use of marijuana for medical purposes in Indonesia are by revising the Narcotics Law and removing marijuana from narcotics class I, due to the fact that the implementation of the Narcotics Law is no longer relevant to the current reality where that marijuana is really needed as an alternative treatment and marijuana itself has been proven to have extraordinary benefits in the medical world and with the fact that is happening now where the UN and the drug commission have removed marijuana and marijuana resin from schedule IV of the single convention on narcotics. Keywords: Legalization, Marijuana, Public health
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 Penerapan Restoratif Justice pada Tahap Penuntutan Terhadap Tindak Pidana Pencurian Di Bawah Nilai Dua Juta Rupiah Dalam Sistem Hukum Di Indonesia Purba, Ahmad Rusly
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.v23i1.8461

Abstract

Indonesia continues to strive for laws that are implemented or lived for the community to be sourced from the values that live and develop in society, legal entities in Indonesia if applied then the community will not feel objections or unfamiliar with the legal model. Restorative justice is the resolution of criminal cases by involving perpetrators, victims, families of perpetrators / victims, and other related parties to jointly seek a fair solution by emphasizing recovery back to its original state, and not retaliation. Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General of the Republic of Indonesia states that one of the powers of the Attorney General is to set aside cases in the public interest. The AGO feels that there are many irregularities in the criminal law system that has been in effect, therefore in this case what is meant by "public interest" is the interest of the nation and state and / or the interests of the wider community. This research was conducted using a research method in the form of a Normative Juridical method. The data collection is done by means of literature study. The research specification used is descriptive qualitative. This study aims to determine how restorative justice against minor offenders in the form of theft at the prosecutor's level and how the implementation of restorative justice against minor offenders in the form of theft at the Pangkalpinang District Attorney's Office studies the case of Termination of Prosecution through the Decree of Termination of Prosecution of the Pangkalpinang Kajari Number 01/L.9.10.3/Eoh.2/01/2022 dated January 13, 2022. Keywords: Theft; Termination of Prosecution; Restorative Justice

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