cover
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
ISSN : 14121255     EISSN : 26139340     DOI : https://doi.org/10.30743/jhk.v20i2.3504
Core Subject : Social,
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
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
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
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
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
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
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
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
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
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
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