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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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ANALISIS YURIDIS TERHADAP PERMOHONAN IZIN (DISPENSASI) NIKAH BAGI ANAK DIBAWAH UMUR Suhaila Zulkifli
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 2 (2019): Edisi Januari 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i2.1085

Abstract

AbstractMarriage is a bond between a man and a woman if both have reached the age limit set based on the applicable law. Marriage dispensation is a request for ratification of the marriage in which the brides or one of them has not reached the minimum age as stipulated in Law Number 1 of 1974 concerning Marriage. Thus, the determination of the Religious Court regarding marital dispensation is very important to carry out the process of legal rules for the continuity of the underage marriage. In this study, the writer uses library research. The meaning of this research is to interpret or say which is basically a way to solve existing problems; then, the data is collected, compiled, and concluded. The purpose of this study is to find out the judge's consideration in granting a marriage permit request for the underages, to find out the legal basis for judges in granting requests for marriage permits for them as well as to know the legal consequences after the underage marriage in the establishment of marriage permit in Pengadilan Agama Medan.
Kewenangan Dan Ruang Lingkup Otoritas Jasa Keuangan Di Bidang Perbankan Nurasiah Harahap
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 1 (2019): Edisi September 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i1.1743

Abstract

The Financial Services Authority (OJK) is a financial service supervision institution such as the Banking Industry, Capital Market, Mutual Funds, Financing Companies, Pension Funds and Insurance. OJK has become an independent institution based on the Law Number 21 Year 2011 concerning OJK, which means it is free from intervention or interference from any party. The purpose of the establishment of OJK is  that all activities in the Financial Services sector are carried out regularly, fairly, transparently and accountably; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society.OJK has duties and authorities in the field of micropudential, which includes regulation and supervision of bank institutions, bank health, prudential aspects of banks, and bank checks. Whereas in the micropudential field, OJK's role is to assist Bank Indonesia (BI) to make moral appeals to the Banking Industry. Keywords: Financial Services Authority, Banking
Prosedur Pemberian Sertifikat Label Halal Terhadap Produk Makanan Di Restoran Hotel Syariah Untuk Mewujudkan Hak Kenyamanan Konsumen Muslim (Studi Di Kementerian Agama Provinsi Sumatera Utara) Mukidi Mukidi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 3 (2020): Edisi Mei 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i3.2674

Abstract

Businessmen have the duty of ensuring halal food products and giving the halal label on the basis of having obtained a halal certificate from the ministry of religion which was socialized to the consumer society in a way that it is conveyed through writings that are easy to read and not easily removed by a visitor at a particular place in the restaurant. It is according to Article 39 of Law Number 33 Year 2014 concerning the guarantee of halal products. The halal certificate is valid for four years since it was issued by the Halal Product Guarantee Agency (HPGA), and it must be extended. Halal certificates are mandatory, so the food products which do not have halal label certificate cannot longer circulate in Indonesia.The procedure for obtaining halal certification at the hotel restaurant which was issued by the Ministry of Religious Affairs (MORA). First, businessmen must fulfill the requirements which were checked by HPGA such as, the data  of businessmen, the name and type of business product, a list of products and materials used, the manner or the product processing as well as halal guarantee system. After fulfilling the requirements of HPGA in checking the dokumen, then determine the LPH that has been selected by the applicant, then the LPH conducts the examination and / or testing of the next step of the MUI product through the determination of the halal food product halal through a halal fatwa session. After the process is carried out through the prescribed stages, the HPGA issues a halal certificate.Keywords : Halal Label Certification, Halal Products, Halal Product Protection Guarantees
Implementasi Maqashid Syariah Dalam Pelayanan Custumer Service Bank Syariah (Studi Pada BNI Syariah KC Medan) Supaino Supaino
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i1.3306

Abstract

AbstractMaqashid al-sharia consists of two, namely maqaṣid and sharia. Maqashid means intention or purpose. The purpose (maqashid) can be achieved by means of taklif, and its implementation depends on the ability to understand the main sources of law, both Al-Qur'an and hadith.The purpose of this research with the title the implementation of maqhasid sharia in services at Bank Negara Indonesia Syariah Medan Branch is to see the implementation of services in Islamic banking in the field of customer service. The research was conducted at BNI Syariah Medan. This type of research is descriptive qualitative. Data collection methods in the research are using library research, observation and interviews. The sampling technique used random sampling. The types of data used in this study are primary and secondary data. The data analysis used in this study was descriptive by using literature studies in the form of muamalah fiqh books.The results showed that the implementation of maqashid sharia in services at Bank Negara Indonesia Syariah Medan Branch is appropriate, based on the indicators of educating the individuals (Tahzibul Fardh), upholding justice (Iqamah al-adl), and achieving prosperity (Maslahah).Keywords: Service, Maqashid sharia, Customer Service
Pertanggungjawaban Direksi Disuatu Perseroan Terbatas Ketika Terjadi Kepailitan Pada Umumnya Dan Menurut Doktrin Hukum Perusahaan & Undang-Undang No.40 Tahun 2007 M.Faisal Rahendra Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i2.350

Abstract

In a company, there is a meeting known as General Meeting of Shareholders (GMS), Board of Directors, and Board of Commissioners. For that, there is a director who is fully responsible for managing a company both inside and outside of the Court based on the provisions of the General Meeting of Shareholders (GMS) and the Board of Commissioners. Business people want more limited liability. It means that there is separation of private property from the limited liability, or the separation of private property from the third parties. Limited Company, hereinafter referred to as the Company, is a legal entity as a capital alliance, established under the agreement, conducting or running the wheel of  business activity with a capital base which is entirely divided into shares, and it complies with the requirements of the Law on Limited Liability Companies and the Rules of implementation as well. Important organs within the limited liability company have been regulated in Laws No. 40, 2007 about Limited Liability Company. Each member of the Board of Directors must also have good intentions and full responsibility in carrying out  duties for the benefit of the company. If in performing their duties, there is an indication that a director abuses his power for personal gain and causes financial loss resulting in bankruptcy of the company, the director has to be responsible for that or his personal assets will be used as collateral for the repayment of the Company's debts in the condition of bankruptcy. Keywords: Accountability, Board of Directors, Bankruptcy
Kafaah Sebagai Pertimbangan Dalam Perkawinan Menurut Mazhab Syafi’i Abu Bakar Khazali
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i1.914

Abstract

Abstract Kafaah concept as one of the considerations of marriage according to Syafi'i’s School is used as a luzum condition or a prerequisite for marriage. It means that the marriage of the unfaithful couple is still legal. Only if the guardian disagrees with the marriage, he or she has right to cancel the marriage. The appointment of Imam Shafi'i’s school is oriented to mutual benefit that is to avoid the disunity of the family and to avoid the appearance of disgrace due to unmarried marriage. Thus, it can be simplified to say that a woman may marry a non-perforated man as long as she agrees with this and so does her guardian. Or the guardian may marry a woman with a non-perforce as long as the woman is told about her future husband's condition clearly and she accepts it so the marriage is legal.Keywords: Kafaah, marriage
PERJANJIAN KERJASAMA DALAM BIDANG PENGKARYAAN DAN JASA TENAGA KERJA ANTARA PT. SINAR JAYA PURA ABADI DAN PT. ASIANFAST MARINE INDUSTRIES R Juli Moertiono
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 3 (2019): Edisi Mei 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i3.1329

Abstract

The outsourcing system uses a cooperation agreement of differences in interests which are brought through an agreement. The cooperative relationship between outsourcing companies and companies using outsourcing services is certainly tied to a written agreement. PT. Asianfast Marine Industries intends to use the services of a security workforce, who is ready to meet the need for labor services and to carry out the business activities of the company, from a labor service provider company, PT. Sinar Jaya Pura Abadi. The cooperation agreement between PT. Sinar Jaya Pura Abadi and PT. Asianfast Marine Industries which intends to employ security workers contains 19 (nineteen) Articles i.e. purpose and objectives, general provisions, rights and obligations of the parties, duties and responsibilities of first parties, provisions concerning labor, wages and payment method, responsibility and compensation, work safety, dispute resolution. The rights and obligations of the company and the employed workforce are that PT. Asianfast Marine Industries is obliged to carry out the contents of the cooperation agreement which covers the employed workforce, and legal protection for the labor in the event of default.Keyword: Agreement, Cooperation, Labor
Penindakan Propam (Profesi dan Pengamanan) Terhadap Anggota Polisi Lalu Lintas Yang Melampai Kewenangannya Dalam Menjalankan Tugas (Studi di Kepolisian Resort Kota Besar Medan) Khairul Nizam
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 2 (2020): Edisi Januari 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i2.2442

Abstract

Members of the traffic police must be firm in taking action against traffic violations, but must not deviate from the duties they carry.The deviation of behavior of the members of the Police of the Republic of Indonesia above is a violation of the discipline rules of the members of the Police of the Republic of Indonesia as regulated in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline Regulations of the members of the Police of the Republic of Indonesia.The formulation of the problem in this thesis research is what are the factors causing the abuse of authority carried out by the traffic police at Medan City Police Resort, how is the action taken by Propam(Profession and Security) against traffic police that exceeds their authority in carrying out their duties at Medan City Police Resort, and how to deal with against traffic police who exceeded their authority in carrying out their duties at Medan City Police Resort.The research method used is descriptive analysis that leads to empirical juridical legal research that is research conducted by examining primary data by obtaining them directly from sources or interviews and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials.The result showed that the factors causing the abuse of authority by the traffic police in Medan City Police Resort were economic factors, namely the lack of income earned by a police officer that was not comparable with the high cost of leaving. The action taken byPropam(Profession andSecurity) against traffic police who exceeded their authority in carrying out their duties in Medan City Police Resort was to impose sanctions for disciplinary violations against members of the Indonesian Police. The handling of traffic that exceeds their authority in carrying out their duties in Medan City Police Resort, among others, by holding a discussion of cases so that a commitment is made to the decision to be taken as a member of the traffic police with restrictions so as not to occur abuse of authority, carried out for justice and the public interest. Key-Words: Repression, Profession and Security (Propam), Beyond Authority.
Analisis Yuridis Pembatalan Hak Untuk Melakukan Perkawinan Antara Sesama Pekerja Dalam Satu Perusahaan (Studi Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017) Olivia Sitanggang
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i1.3256

Abstract

Currently, there are several companies that make regulations that require the workers to resign or even be willing to be laid off if they decide to marry another worker in the company. Some of the reasons are preventing personal conflict, subjectivity, corruption, collusion and nepotism. The formulation of the problem in this research is what is the background of the provisions regarding the prohibition of marriage between fellow workers in one company, how is the analysis of the judges legal considerations in the decision Number 13 / PUU-XV / 2017, what is the impact of the Constitutional Court decision on the inclusion of clauses prohibiting intermarriage between workers.The results showed that the background of the provisions concerning the prohibition of marriage between fellow workers in one company is to maintain a professional attitude of workers when carrying out their work in order to maintain the company's existence in the world of business competition. Another reason is that it refers to Article 153 paragraph (1) letter f of Law Number 13 of 2003 so that this provision is used as a reason for employers to prohibit marital ties for fellow workers in their company. The legal consideration of the judge in decision Number 13 / PUU-XV / 2017 is clear that Article 153 paragraph (1) letter f of the Labour Laws is no longer valid, because the phrase unless it has been regulated in a work agreement, company regulation, or collective working agreement is contrary to the Constitution 1945 and has no binding legal force. The impact of the Constitutional Court's decision on the inclusion of a clause on the prohibition of marriage is that employers cannot state the reasons for dismissal of workers who have marital ties to other workers in the same office in the employment agreements, company regulations or collective working agreements, so that if the entrepreneur includes it, it is considered to have violated the decision of the Constitutional Court. Keywords: Cancellation of the Rights, Marriage, Workers, One Company.
Reformasi Hukum Lembaga Pemasyarakatan Sebagai Sub Sistem Peradilan Pidana Muhammad Arif Sahlepi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i2.355

Abstract

The purpose of correctional is to return the assisted citizens to good ones and to prevent them from repeating the deeds. The legal reform package launched by the Indonesian President, Joko Widodo, begins to run as the reforms in the economic sector. People have great hopes for this reform of law. In the package of legal reform, one of them is strengthening the fostering of prison (LP).                The main problem is the over capacity of the assisted citizens in almost all the prisons (LP)  or correctional institution (Rutan) in Indonesia and the problem of guidance systems for the assisted citizens and for the officers in the prison as well. We all know that the capacity of the prisoners in Indonesia has exceeded, and this becomes the problem; therefore, it is no longer a public secret if a prisoner has a lot of money, he becomes like a king in the prison.                With the inclusion of this issue as part of legal reform package, it is expected that there is a significant improvement. Within the set of criminal justice systems, LP as a sub-system has an equally important role with other sub-systems. The LP can no longer be viewed as a Disposal institution. It has been long enough that LP received less serious attention than other sub-systems; so at the time when news about circulation of drugs controlled from within the LP was spreading over, it gets more serious attention portion.                The high demand for criminal offenses on criminal acts such as narcotics, terrorism, morality, corruption, besides murder, will directly affect the rise of the number of prisoners. Moreover, in recent years the booming arrest of narcotics has led to a dramatic increase in the inhabitants of LP. The inhabitants of LP in Indonesia are mostly filled by narcotics actors, both distributors and users and other criminals.

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