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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
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Eksistensi Pemberian Bantuan Hukum Terhadap Anggota Tentara Nasional Indonesia-Angkatan Darat Yang Melakukan Tindak Pidana Sahlepi, Muhammad Arif
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.v23i2.8776

Abstract

This article aims to analyze the current social life that should be equipped with military forces or often known as the Indonesian National Army as an apparatus that defends the sovereignty of the state and protects and protects the community from military and armed threats. In the regulation of legal aid to soldiers who commit criminal acts in accordance with the rules of legal aid according to the military justice law, criminal sanctions given to soldiers who commit criminal acts such as getting military disciplinary sanctions, imprisonment, administrative and scorcing or PTDH (Dismissal Not Honorably). the regulation of legal aid to Indonesian Army Soldiers who commit criminal acts, is regulated in the regulation of legal aid according to KUHAP, according to the Military Justice Law, Law R.I. Number 34 of 2004 concerning the Indonesian National Army, Rules of the TNI Commander and its derivatives and according to Law R.I. Number 16 of 2011 concerning Legal Aid. Keywords: Provision of Legal Aid; Indonesian National Army
Perlindungan Hukum Terhadap Anak Korban Terlantar Ditinjau Dari Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak (Studi Kasus Dinas Pemberdayaan Perempuan Dan Perlindungan Anak Provinsi Sumatera Utara) Cibro, Hamdani
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.v21i3.5301

Abstract

Children are an inseparable part of human survival and the sustainability of a nation and state. In the Indonesian constitution, children have a strategic role which is explicitly stated that the state guarantees the rights of every child to survival, growth, and development as well as protection from violence and discrimination. A child needs complete affection, guidance, protection from his parents, this is in accordance with the provisions of Human Rights (HAM). One of the universal rights of children is the right to obtain protection due to physical, mental violence, neglect or mistreatment (exploitation) and sexual abuse as well as the right to obtain protection from discrimination and punishment. The formulation of the problem in this study are: 1). How is the legal protection for neglected child victims in terms of Law Number 35 of 2014 concerning Child Protection, 2). How is the implementation of legal protection for neglected child victims in North Sumatra, 3). How barriers to women's empowerment and child protection services in North Sumatra province in protecting neglected children and how to overcome them. The results of the study can be stated that children get legal protection in the women's empowerment and child protection services by assisting in solving cases of children who have been abandoned by their mothers until they are finished. Keywords :Legal Protection, Victims, Abandoned Children 
Penyelesaian Sengketa Terhadap Pemegang Hak Merek Dagang Yang Digunakan Pihak Lain Sebagai Nama Domain AR, Azhari; Rahmadani, Gema; AR, Zulkifli; Faisal, Muhammad; Daud Syah, Teuku
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.v23i2.8683

Abstract

Losses to brand rights that other parties use as a domain name to gain profit from the fame of a brand, resulting in the term brand piracy through a domain name. Cybersquatting is an act of brand piracy through domain names, parties who hijack or create domain names by imitating famous brand names and then resell them to other parties. For companies that already have a good reputation and are known in the wider community, this is certainly very disturbing, because this is related to the company's big name and good name. Settlement of trademark rights used by other parties as domain names is resolved through litigation through a court institution. Litigation dispute resolution is regulated in Law Number 15 of 2001 concerning Trademarks from Article 76 to Article 83, while nonlitigation dispute resolution is dispute resolution outside of court, such as through alternative dispute resolution or arbitration. Keywords: Legal Protection, Brands, Domain Names.
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
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
Perlindungan Hukum Pencegahan Perundungan (Bullying) Di Lembaga Pendidikan Perspektif Maslahat Aminudin, Aminudin; Panjaitan, Budi Sastra
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.v23i3.9537

Abstract

This paper discusses about legal protection to prevent bullying in schools or better known as school bullying. bullying has long occurred in Indonesia, including in educational institutions. education institutions. The media even reported that it has become an emergency in schools in Indonesia. schools in Indonesia The Indonesian state's responsibility towards bullying prevention is implemented by national laws such as the Child Protection Law and Minister of Education and Culture Regulation Minister of Education and Culture Regulation No.82/2015, but its implementation as a concern is still very specific and limited by laws, changes in norms and behavior through cooperation between the government and all elements. cooperation between the government and all elements. This research uses qualitative approach to identify the factors that cause bullying and its prevention. Materials were obtained from literature and empirical studies about the experience of bullying in junior and senior high school students and all information related to bullying prevention. related to bullying prevention. This research aims to find out how legal policy to prevent bullying in schools in educational institutions in such a way that it is in such a way that it creates maslahat and is useful to prevent and avoid bullying in all its forms. and avoid bullying in all its forms both in the educational environment and in society. education and in society. Keywords: Law, Prevention, Bullying, Institutions Islamic Education Institution, Maslahat 1 Dosen Fakultas Syari’ah Institut Agama Islam Daar Al Uluum Asahan Keywords: Law, Prevention, Bullying, Institutions Islamic Education Institution, Maslahat
Analisis Hukum Terhadap Penyertaan Modal Pemerintah Kota Tebing Tinggi Pada PT. Bank Sumut Sebagai Badan Usaha Milik Daerah Trisna, Dudy Agung
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.v21i3.5306

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.
Perlindungan Hukum Terhadap Lingkungan Hidup untuk Mengurangi Illegal Loging di Kota Medan Lubis, Muhammad Ridwan; Harahap, Herlina Hanum; Gultom, Juanda
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.v23i2.8726

Abstract

Data released by the World Bank shows that from 1985-1997 Indonesia has lost about 1.5 million hectares of forest each year and it is estimated that about 20 million production forests remain. Illegal logging is related to the increasing demand for timber in the international market, the large installed capacity of the domestic timber industry, local consumption, weak law enforcement, and timber bleaching that occurs outside the logging area. Based on the results of the FWI and GFW analysis over a period of 50 years, Indonesia's forest cover has decreased by around 40% of the total forest cover throughout Indonesia. And mostly, forest destruction (deforestation) in Indonesia is the result of a political and economic system that considers forest resources as a source of income and can be exploited for political interests and personal gain. The problem is with how Legal Protection of the environment to reduce Illegal Logging in Medan City. The method used is empirical juridical research method, which is a legal research conducted by examining directly and coupled with reviewing the literature to obtain further explanation. In terms of sociological legal research using laws and regulations related to the title. The result of the research is that it must play a more active role in protecting the environment so that plants in the city of Medan are well maintained. Keywords: Protection, Environment, and Illegal Logging
Asas Beban Pembuktian Terbalik Terhadap Tindak Pidana Korupsi Dalam Sistem Hukum Di Indonesia Nurita, Cut
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.v23i1.8457

Abstract

The reverse system of evidence as regulated in as stipulated in Indonesian positive law, namely as stipulated in Law No. 31/1999 on the Eradication of Corruption. Law No. 31/1999 on the Eradication of Corruption. Then The next problem that arises is whether the application of the reversed system of evidence in proving corruption cases can prevent or prevent corruption. system in proving corruption cases can prevent or reduce and even eliminate corruption in Indonesia completely. reduce or even eliminate corruption in Indonesia completely. This research is based on the theoretical framework of Roscoe Pound argues that Law as a tool of social engineering, law as a tool of society reform. society renewal. This concept was reported by Muchtar Kusumaatmadja and adapted to the conditions of Indonesia into law as a means of social engineering. adapted to Indonesian conditions into law as a means of community renewal. society. Law must be used as a means to renew and solve all problems in society. solve all problems that exist in society, including the problem of corruption. corruption. The reverse proof system is a special rule established by the government through the issuance of the government through the issuance of the provisions of Law No. 31 of 1999, as amended by Law No. 20 of 2001 on the Eradication of Corruption. as amended in Law No. 20 of 2001 concerning the Eradication of Corruption. Corruption. Because the evidentiary system applied in corruption crimes is different from that applied in corruption crimes. corruption is different from that applied in procedural law in general. procedural law in general. Keywords: Reverse proof, criminal offense crime, corruption
Efektivitas Hukum Sistem Online Single Submission Risk-based Approach (OSS-RBA) Terhadap Pertumbuhan Pelaku Umkm Di Kota Medan Harahap, Nurasiah; Lestari, Dina
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.v22i2.6497

Abstract

The economic development approach is proposed to people's economic actors, especially cooperatives and SMEs. Development aimed at cooperatives and MSMEs is expected to lead to a more coherent and balanced arrangement of the structure of national economic actors so that a strong and independent structure of national economic actors develops. Thus, Cooperatives and SMEs are the heart of the people's economy and the pioneers of the growth of people's economy.This study uses normative and empirical legal research, with a statutory approach (Statue Approach) and a case approach (Case Approach) and a conceptual approach (Conceptual Approach).Based on research data, the level of MSME actors who obtained the issuance of a Business Identification Number (NIB) based on risk-based business licensing through the OSS-RBA system, was very low, namely from the number of 26,150 MSMEs in 2021 who obtained NIB with MSME actors who had migrated under Government Regulations. Number 5 of 2021 in Articles 562 and 563 which came into force at the Investment Agency and One Door Integrated Services (DPMPTSP) in Medan City starting on August 4, 2021, until June 15, 2022, there were only around 693 MSME actors. So that the implementation of the Government Regulation has not been effective in the growth of MSME actors in Medan,This reality is inseparable from the obstacles in the growth of MSME actors in Medan, both internal constraints, regarding Human Resources at the Medan DPMPTSP who still do not understand and external constraints, related to awareness and legal culture of MSME actors, as well as new regulations. enforced. Finally, it is hoped that the Department of Cooperatives and the Medan DPMPTSP must continuously facilitate and provide socialization and technical guidance, as well as Assistance services for Filling Business Licensing to MSME Actors while for Human Resources in the Medan City DPMPTSP, must conduct training and comparative studies so that they can increase the growth of SMEs. Keywords: Legal Effectiveness, Risk-Based Approach OSS System (OSS-RBA) System, Micro, Small and Medium Enterprises (MSMEs), Medan City.

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