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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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Pemberian Sanksi Pidana Terhadap Pelaku Tindak Pidana Pedofilia Dalam Sistem Hukum Di Indonesia TP Siregar, Gomgom
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.v23i1.8458

Abstract

Crimes against children continue to be rampant in Indonesia, the government also does not remain silent in prevention efforts, the community also participates in showing its concern for victims who afflict children. Many experts propose that perpetrators of crimes against children, especially pedophilia, be sentenced to death, castration or at least life in prison. Child sexual abuse can include contact or interaction between a child and an adult, where the child is used for sexual stimulation by the perpetrator or another person in a position of power or control over the victim, including inappropriate physical contact, making pornography or exposing the vital/genital organs of an adult to a child. Pedophilia as a disorder or mental disorder in a person to act by making children the instrument or target of that action. Generally, the form of action is in the form of sexual lust. This act of sexual abuse is very troubling because the victims are children. This sexual abuse causes psychological trauma that cannot be healed in a short time. The results of the study, namely the regulation of criminal acts of pedophilia on children used in imposing sanctions on pedophile offenders in Indonesia in accordance with Indonesian Criminal Law, namely the Criminal Code and Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Protection of Children. Keywords: Criminal Sanctions, Crime, Pedophilia
Law Enforcement For Clothes Smuggling Formallyillegal Ridwan Lubis, Muhammad
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.v22i2.6507

Abstract

The crime of smuggling is very common in Indonesia, it's just that in imposing criminal sanctions, its implementation only focuses on imprisonment, because the concept of "state compensation" is not explicitly regulated in the sentence structure of the Customs Law, namely every time a government smuggling crime occurs, it is always dangerous. . This research uses a descriptive method through a normative approach (legal research), namely a problematic approach that is carried out through a study of various legal aspects related to applicable laws and regulations. The results of the study show that Indonesia's legal regulations regarding smuggling are Law no. 17 of 2006. A form of illegal used clothing crime related to customs in the territory of the Republic of Indonesia occurs on the coast outside the port area, using both traditional and modern equipment and usually without official documents. Trafficking in persons or legal entities is punishable by cumulative criminal penalties, namely imprisonment and fines. This sanction appears in Articles 102A and 102B of the Customs Law No 17 of 2006. Keywords: Law Enforcement, Smuggling, Used Clothing.
Perkawinan Adat Urak Tanah Ulu Muarasipongi : Perspektif Hukum Islam Aminudin, Aminudin; Irham, Muhammad Iqbal; Zein, Achyar
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.v24i1.9955

Abstract

This study describes the traditional marriage of Urak Tanah Ulu Muarasipong from the perspective of Islamic law. The Urak Tanah Ulu Muarasipongi marriage ritual uses the expression, firstly kawinan Sumendo which means that the man does not offer the dowry to the woman, but the woman offers and gives the dowry to the man. Urak Tanah Ulu Muarasipongi, the dowry given to men is called “pick-up money”. Second, tobenda marriage (wasted marriage), which is a marriage that comes from one descendant. Couples who are expelled from the village will only be able to return to the community if they have paid a fine. The amount of the fine is determined based on the decision of the adat deliberation. The fine is quite large, even this Tobenda marriage couple cannot pay it, because the community itself does not want to accept the couple back. Qualitative research methods were used to obtain information about customary marriage in Urak Tanah Ulu through collecting data, observation, and interviews. The results show that first, the tradition of Sumendo women proposing marriage to men is motivated by cultural and social factors. They believe that the long-established tradition can influence a woman's obedience to her husband and this is considered good. Second, Tobenda marriage, the Urak Tanah Ulu community considers inter-tribal marriage a taboo marriage, they consider people of the same tribe to have the same blood and descent. Keywords: Marriage, Urak Tanah Ulu, Kawin Sumendo, Kawin Tobenda, Islamic Law
Peran Otoritas Jasa Keuangan Terkait Perlindungan Konsumen Berbasis Maqasid Syariah Kholil, Ahmad
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.v22i2.6489

Abstract

The establishment of OJK is to organize an overall supervisory and regulatory system, especially in financial sector activities, both in non-bank and banking institutions. OJK has three objectives, namely creating a financial services sector that is contributive to equal distribution of wealth, creating a financial services sector that is stable, foreign-powered, and realizing financial services that are inclusive for society by providing credible protection to the consumers. This study aims to find out what regulations are issued by the Financial Services Authority institutions to protect the consumers who use peer to peer lending services and what sanctions are issued by the Financial Services Authority institutions if the perpetrators of financial services violate the provisions in the Financial Services Authority regulations. The method used in this research is descriptive method with a qualitative approach.In this case the Financial Services Authority issues regulations concerning the Consumer Protection in the Financial Services Sector. And if a financial service actor violates or does not comply with the regulations made by OJK, he will receive sanctions as stated in the regulation Number: 1/POJK.07/2013, if a financial service actor violates the provisions in OJK regulations, he will be subject to administrative sanctions, namely written regulations, Fines or paying a certain amount of money, Limitation of business activities, Freezing of business activities, as well as revocation of licenses for business activities. Keywords: Role, OJK, Protection, Consumers, Sharia Maqasid.
PERLINDUNGAN HUKUM BAGI NASABAH PEMILIK ANJUNGAN TUNAI MANDIRI(ATM) SEBAGAI KORBAN TINDAK PIDANA SKIMMIN Siregar, Desy Yurita; Christiawan, Rio; Saputera, Januar Agung
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.v23i3.9228

Abstract

As a business practice, banks play an important role in collecting money from the public in the form of deposits, and channeling it into the form of credit or other forms, so that, banks aim to improve the standard of living of the people or the economy of a country. . Automated Teller Machines (ATMs) are one of the items that have emerged from technology in the banking sector that can facilitate transaction activities without the need to visit bank tellers due to advances in the times and technology. The development of a technology can have a positive impact and a detrimental impact, one of which is the emergence of cybercrime (Cyber Crime) in the banking world which is commonly referred to as skimmingcrimes. The type of normative legal research is used as research on the rule of law, the level of norms, principles, philosophies, theories and the rule of law itself, with an approach to legislation (Statute Approach). Then the purpose of this study is to find out how to protect the law for customers who own automated teller machines (ATMs) who experience skimming crimes and how to apply sanctions against perpetrators for skimming crimes on automated teller machines (ATMs), so that it can be concluded that every criminal act in skimming crimes may be sentenced to criminal sanctions and administrative sanctions for those who are proven to have done so.therefore the application of criminal sanctions used in the crime of skimming is contained in article 30 paragraph (2) jo 46 paragraph (2) of Law Number 11 of 2008 which has been amended into Law No. 19 of 2016 jo article 55 paragraph (1) 1 of the Criminal Code jo article 363 of the Criminal Code Keywords: Skimming, Legal Protection, Application of Criminal Sanctions
Penegakan Hukum Pidana Terkait Penyidikan Tindak Pidana Narkotika Dalam Perspektif Undang Undang Nomor 35 Tahun 2009 Tentang Narkotika(Studi Kasus di Kepolisian Resort Aceh Tengah) Kadir, Hardi Meladi
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.v21i3.5303

Abstract

The enforcement of criminal law in the process of investigating narcotics users as perpetrators of narcotics crimes at the Central Aceh Police starts from receiving reports, taking the first action, arrests, searches, confiscates, examines suspects and witnesses, detention, and transfers case files and suspects to the prosecutor's office. .The entire investigation process that has been carried out by the Polri investigators will then be continued by the prosecutor's office in terms of preparing the prosecution to be submitted in a court trial and subsequently the sentencing of the defendant, all of which takes place in a Criminal Justice System in the context of enforcing criminal law.The obstacles faced by the Narcotics Satres of the Central Aceh Police in conducting investigations against narcotics crimes are limited personnel, budget, and the ability of investigators of the Narcotics Satres of the Central Aceh Police to conduct investigations and investigations of narcotics crimes. Not to mention the ability of investigators to conduct investigations into narcotics trafficking.It is recommended that the investigations and investigations carried out by the Narcotics Satres of the Central Aceh Police are supported in terms of personnel, budget, and increasing the capacity of investigators by the Aceh Police by adding personnel, increasing the budget, and increasing the ability of investigators. Keywords: Crime, Drugs
Putusan Hakim Pada Penyelesaian Nafkah Anak (Telaah Undang undang Perlindungan Anak) Qadriah, Fauza; Sukiati, Sukiati; Nurasiah, Nurasiah
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.v23i2.8685

Abstract

The purpose of this research is to find out how child support is fulfilled based on the decisions of the Banda Aceh Syar'iyah Court, the factors that are taken into consideration by judges regarding child support after divorce. This research is normative legal research. By using two approaches, namely the statutory approach and the case approach, this research examines the decisions of 5 (five) judges from the Sharia Court. The research results show that in general the judges make child support decisions in the form of monthly support only, without including the child's health and education costs. Factors that influence the judge's consideration in deciding the type of child support are judicial considerations. Unfortunately, most of the judges' considerations are only based on the provisions for providing postdivorce child support from the marriage law. By ignoring child protection laws and the compilation of Islamic law, which in fact also provides provisions for fulfilling child support after divorce which provides more protection for children in terms of meeting needs from various aspects. This study recommends that the judicial authority make decisions regarding the fulfillment of child support after divorce more progressively by considering aspects that provide protection for children. Apart from that, the juridical basis of protection laws and KHI can also be adopted for the benefit of children. Keywords: Child Support, Judge's Decision, Child Protection
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.
Penerapan Sanksi Terhadap Pelaku Pelanggaran Undang Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Saryana, Saryana
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.v22i2.6494

Abstract

To reduce the number of traffic accidents which are felt to be very high, it is directed at a comprehensive response that includes efforts to develop,prevent, regulate and enforce the law.Legal certainty must be upheld, but justice and expediency are far more important to implement.The issues to be discussed are : (1) What are the sanctions for violations of Law Number 22 of 2009? and(2) How are the sanctions applied to perpetrators of violations of Law Number 22 of 2009?This writing uses a normative and empirical juridical approach, using primary data sources and secondary data sources.From the results of the writing it can be concluded that(1) sanctions for violations of Law Number 22 of 2009 are differentiated into sanctions for criminal acts of violation and sanctions for criminal acts, each of which has criminal provisions or fines, the types of crimes and the severity of crimes are determined in various ways, and(2) the application of sanctions against perpetrators of violations of Law Number 22 of 2009 concerning road traffic and transportation cannot be applied by law enforcement officials as formulated by Law Number 22 of 2009, this is caused by the existence of several existing policy factors, including( a) the existence of the police who allow reconciliation of traffic accident crimes on the highway, (b) the existence of reconciliation carried out by the perpetrators of traffic accident crimes, (c) the provision of compensation and compensation as a form of peace from the perpetrators of traffic accident crimes cross. Keywords: application of sanctions; perpetrators of law violations; road transport traffic
BENTUK PERKAWINAN HUKUM ADAT MANDAILING Harahap, Herlina Hanum; Lubis, Muhammad Ridwan; Manurung, Dormauli
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.v23i3.9735

Abstract

Adat in the madailing tribe involves many people from dalian na tolu, such as mora, kahanggi and anak boru. The wedding ceremony procession starts with customary deliberation called makkobar or markkatai, which is talking in a very special and unique way. speech that is very special and unique. Each member exchanges speeches, such as taking turns replying to rhymes. The first person to open the conversation is the spokesperson who has a hajat (suhut), followed by the son-in-law who has a hajat (anak boru suhut). son-in-law (anak boru suhut), the brother-in-law of the son boru (pisang raut), the participants of the deliberation who are present (paralok raut). who are also present (paralok-alok), the traditional king of the village (hatobangan), the customary king of the neighboring village (raja torbing balok) and the raja of the diraja adat or the presiding officer (raja panusunan bulang). Keywords: Marriage, Custom, Mandailing. Batak, Toba

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