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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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Pertanggungjawaban Developer Atas Pembatalan Pembelian Rumah Oleh Calon Pembeli Wibawa, Komang Satria; Figo, Muhammad Daffa; Astawa, I Nengah Dasi
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.v24i1.9954

Abstract

The purpose of this writing is to analyze the developer's responsibility for canceling home purchases by prospective buyers. This paper uses a normative type of writing. The approach used is an economic analysis approach to law that serves to overcome legal problems and assess the impact of the application of certain legal rules. Based on the analysis, it shows that the developer is domiciled as a seller and the prospective buyer has not been domiciled as a buyer because the sale and purchase transaction occurs when the parties have signed PPJB. Then, the developer's responsibility related to the cancellation of the purchase of a house by a prospective buyer before the existence of PPJB is to make a refund of the money paid by the prospective home buyer as regulated by Article 22H Paragraph (2) PP 12/2021 which is a form of the principle of absolute responsibility of the developer. The refund of the purchase of the house is preceded by an agreement on the amount of money that can be returned, where the prospective buyer can only get a maximum refund of 80% of the amount paid. Keyword: Developer; Prospective Buyer; Canceling Home Purchases
Budaya Hukum Praktik Pengangkatan Anak Tanpa Penetapan Pengadilan (Studi Kasus Masyarakat Kecamatan Bukit Bestari Kota Tanjungpinang) Hidayatullah, Rizki Pradana
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.v21i3.5617

Abstract

Bukit Bestari Subdistrict, Tanjungpinang City, Indonesia, has a strong legal culture for adopting a child without a court order. Consequently, this study aims to better comprehend how legal obstacles affect the adoption process. This study utilizes qualitative research in the form of case studies. Sociology of law was applied to investigate the issue. This study's data was collected through documentation reviews and interviews. According to the findings of this study, people in the Bukit Bestari subdistrict who adopt children without a court order have a positive perspective of the adoption process. However, adopted parents' positive opinions do not always influence adoption court decisions. Suppose a child is adopted without a court order. In that case, there are no legal ties between the adoptive parents and the adopted child because there is no evidence that the adoption was conducted in compliance with the legislation in effect. Therefore, the government's efforts to maintain adoption rights to be registered include the development of laws and implementing regulations and the supervision of their implementation. Keywords: Legal Culture, Child Adoption, Court Decision.
KEDUDUKAN PEMBERIAN JAMINAN ATAS OBJEK MILIK ORANG LAIN YANG DIPEROLEH BERDASARKAN AKTA PENGIKATAN JUAL BELI Putri, Elsha Ilham; embiring, Rosnidar Sembiring; Suprayitno, Suprayitno
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.v23i3.9227

Abstract

The fact that often happens that not a few Notaries / PPATs make mistakes, negligence, and ignore the laws and regulations so that in the end it causes problems in the future such as the case of granting guarantees on objects belonging to other people in Decision Number 2962 K / Pdt / 2019. The problems studied are the position of the sale and purchase object that has been transferred to another party, the position of granting collateral for the object that has been transferred and legal analysis of the application of the judge's law in the decision. The research method used is normative legal research which is presented descriptively. The research approach is carried out through the case approach method. Data sources are obtained from primary, tertiary and secondary legal sources. The data is analyzed through qualitative and deductive conclusions. The result of this research is that the seller who guarantees the object of sale and purchase that has been transferred to another party is an unlawful act because it violates the rights of others, contrary to the legal obligations of the perpetrator, contrary to decency and contrary to propriety in paying attention to the interests of self and property of others in the association of life. The granting of security over an object that has been transferred to another party results in the legal relationship to the land also shifting to the creditor. Keywords: Collateral, Property Rights, Sale and Purchase Binding Deed
Kedudukan anak dalam kandungan sebagai ahli waris Dalam perspektif kompilasi hukum islam Ramadanah, Putra
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.v21i3.5302

Abstract

The position of the unborn child as an heir in the positive law that applies in Indonesia is not found a clear rule. In KHI Article 174 paragraph (1) which talks about who is entitled as an heir, the unborn child is not described. While in some conventional fiqh literature, the position of the child in the womb gets a portion of the discussion in the science of inheritance. The formulation of the problem in this thesis is how the status of the unborn child as an heir according to Islamic law, how the position of the unborn child as a surrogate heir in the perspective of Islamic law, how the mechanism of division of the unborn child as a surrogate heir in perspective of Islamic law. This type of research is research using the method of normative juridical approach. Data collection in this study is done through a literature study, where the material or data obtained will be systematically compiled and analyzed using scientific logic procedures that are qualitative in nature. The results of the research are expected to be able to answer the problems researched, and in the end will be able to provide suggestions and solutions to these problems. The results show that the status of the child who is still in the womb as an heir according to Islamic law in conventional jurisprudence is entitled to receive an inheritance if there are reasons for inheritance (marriage, kinship, and freeing slaves). The position of the child in the womb in the Compilation of Islamic Law can be said to have been neglected or forgotten, even though this is a big question that must be resolved now. Neglect of the inheritance of the child in the womb will result in the child will be threatened in the future, not impossible when the child in the womb until birth turns out to be his right as an heir cut off by other relatives. The position of the inheritance of the unborn child as an heir in the legal perspective has legal consequences for theother heirs, including the postponement of the division of inheritance until there is certainty about the sex of the child. The mechanism of division of the inheritance of the unborn child as an heir in the perspective of Islamic law can use 2 (two) ways, namely by waiting after the baby is born. If the other heirs want the division to be done immediately without waiting for the birth of the baby, then the inheritance can be divided by taking into account the baby's share for 1 (one) person, even if it can also be born in twins. Keywords: Children, Content, Successor Heirs.
Kedudukan Alat Bukti Elektronik : Perkara Perceraian Di Pengadilan Agama Medan Rahmadani, Gema; Irham, Muhammad Iqbal
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.v23i2.8684

Abstract

This article aims to analyze Electronic evidence which if printed and photocopied becomes evidence in the form of documents according to the Religious Court in the divorce process, which is written evidence, although other evidence is also considered important which is complementary to testimony. In the trial the parties may submit events that can be used as a basis for confirming their rights or to refute the rights of others. The kinds of evidence are: Writing, Witness, Testimony, Confession, Oath. The method used in this article is qualitative which is carried out by collecting, analyzing, and interpreting narratives comprehensively on visual data to obtain a complete and comprehensive insight into the proof of strong evidence in the Religious Court. The results of the study concluded that the strong evidence accepted by the judge is written evidence (documents), while some other evidence becomes supporting evidence in the trial process. Keywords: evidence, divorce, court
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
Perlindungan Hukum Akibat Itikad Buruk Perusahaan Dalam Menjalankan Usaha Asuransi Atas Polis Asuransi Jiwa Harahap, Herlina Hanum
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.v22i2.6493

Abstract

The principle of utmost good faith is the most important principle in a life insurance agreement. The application of this principle in the practice of life insurance, among others, occurs when the insured completes the insurance request form. This research uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results of the study show that the form of legal protection provided to consumers in the life insurance business in Indonesia is the principle of utmost good faith adhered to in the life insurance business, which is an act of accurately informing all information that is requested or not requested by the insurance company regarding something. to be insured or the insured object/interest. Forms of bad faith from life insurance companies on life insurance policies related to their obligations in running a life insurance business are that the insurer often does not want to make payments on life insurance claims. As for the form of legal action taken in resolving consumer disputes over life insurance policies in Indonesia through (three) stages of dispute resolution and in this case there is no appeal against the decision of the district court which decided objections to the decision of the Consumer Dispute Settlement Agency, but was immediately appealed to the Court great .  Keywords: Legal Protection, Bad Faith, Life Insurance.
Pelaksanaan Pemeriksaan Tindak Pidana Dengan Acara pemeriksaan singkat Lubis, Muhammad Ridwan
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.v23i3.9625

Abstract

The implementation of criminal examinations using a short examination procedure is only carried out in cases of crimes or violations which do not include minor crimes, which according to the Public Prosecutor, the proof and application of the law is easy and simple in nature. In accordance with the provisions of Article 203 paragraph (1) of the Criminal Procedure Code, those examined according to the short examination procedure are cases of crimes or violations which do not fall under the provisions of Article 205 and which according to the public prosecutor, the proof and application of the law is easy and simple in nature. During a brief examination, the defendant's rights are still taken into account, such as the right to be immediately tried by the Court (Article 50 paragraph (3), the right to be informed clearly in a language he understands about what he is accused of (Article 51 letter b), the right to give information in a clear manner. free to the judge (Article 52). Based on this conclusion, the author suggests that the judge who examines the brief examination proceedings wisely and tactfully pays attention to judicial principles and considers the interests of the parties to the dispute, so that a simple, fast and low-cost trial can be achieved. Therefore, it is recommended that the judge who examines the brief examination proceedings wisely and tactfully pays attention to the principles of justice and considers the interests of the parties to the dispute, so that a simple, fast and low-cost trial can be achieved.Keywords: Examination, Crime, Short Examination Procedure.
Perlindungan Hukum Terhadap Kekerasan dalam Perkawinan: Tinjauan Hukum Islam dan RKUHP Qadriah, Fauza; 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.v23i3.9624

Abstract

This article aims to understand that marital violence as a form of sexual violence against women that occurs in a marital relationship. One of the causes of violence in marriage is the patriarchal culture that is still inherent in people's lives. This patriarchal culture allegedly causes gender injustice which results in the emergence of discrimination against women. This research is normative legal research because it uses a legislative approach with a focus on legal principles and legal principles as well as conceptual methods. The point of view of this writing is expressed by compiling verses of the Qur'an and hadith using maqasid as-shari'ah. The findings of this study show that efforts to handle a wife who is a victim of marital violence must be in line with the purpose of Islamic law, namely the protection of the five main principles in Islam, namely preserving religion, soul, intellect, descendants and property. Marimal violence is prohibited in marriage, as it has a long-term negative impact on the wife. In addition, violence in marriage that is prohibited by law can result in mafāsid muharramāt al-tahṣîl (the bad effects of something that is haram) or mafāsid makrūhāt al-tahṣîl (the bad effects of something makruh). Keywords: Violence in marriage, Domestic Violence, Patriarchy, Maqasid As-shari'ah, Islamic Law
Peran Undang-Undang No. 13 Tahun 2003 Tentang Pemutusan Hubungan Kerja Di Kota Medan Harahap, Herlina Hanum; Lubis, Muhammad Ridwan; Hartono, Budi
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.v23i2.8727

Abstract

The working time provisions above also only regulate the working time limit for 7 or 8 days and 40 hours a week and do not regulate when working time or hours begin and end. Arrangements for the start and end of working time or hours every day and during the week, must be clearly regulated as needed by the parties in the Work Agreement, Company Regulation (PP) or Collective Labor Agreement (PKB). The problem raised in this research journal is how the obstacles faced by Law No. 13 of 2003 concerning Decisions on Employment Relations. This research approach method uses a normative juridical approach. The normative approach method is used to analyze laws and regulations relating to Termination of Employment Relations. The results of this research journal are not synchronized between legislation and termination of employment in the field. Many company employees do not receive wages in accordance with law no. 13 of 2003. Keyword: Termination, Employment Relationship

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