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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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PELAKSANA PERJANJIAN LISAN SEWA KAMAR KOS DI KELURAHAN TELADAN BARAT, KECAMATAN MEDAN KOTA, KOTA MEDAN Nurasiah Harahap
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.v19i2.2335

Abstract

AbstractLease agreements are agreements arising from the Law, which are regulated in Pasal 1548 to 1600 KUHPerdata. The implementation of the verbal agreement on room rentals in Teladan Barat, Medan City District, Medan City is a consensual agreement. This research is a descriptive analysis which is to present an overview of the implementation, barriers and how to overcome obstacles in the verbal agreement of rent a room.The provisions of the room rental agreement made verbally in Teladan Barat Village, Medan City District, Medan City, are in accordance with Pasal 1233 KUHPerdata. Implementation of verbal agreement to rent a room is considered valid if there is an agreement on the room and the price, the parties have the rights and obligations that must be implemented. But in practice there are obstacles and problems.It can be concluded that the implementation of verbal agreement on room rent in Teladan Barat Village, Medan District, Medan City found different opinions from respondents and the implementation of the agreement regarding obstacles and problems was no clarity because it was made verbally and the constraints of the number of migrants for data collection for the head of the village. Keywords : Verbal agreement, room rent, Teladan Barat Village, Medan District, Medan City
Penerapan Undang-Undang No 8 Tahun 2010 Tentang Pencegahan Dan Pemberantasan Tindak Pidana Pencucian Uang (TPPU) Terhadap Penegakan Hukum Pidana Pencucian Uang (Money Laundering) Terhadap Tindak Pidana Kehutanan (Illegal Logging) Dewi Ervina Suryani
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.v19i3.2827

Abstract

Money Laundering is a double crime that is continued crimes that frequently occur in Indonesia. This is indicated by the form of illegal money laundering as a crime that is a follow-up crime, while the main crime or crime of origin is known as predicate offense or core crime or there are countries that formulate it as unlawful activity, namely predicate crimes that generate money which are then carried out in the money laundering process (Money Laundering). As for one form of money laundering crime (Money Laundering), namely forestry crimes which are considered as predicate of crimes in the legal system as referred to in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, of course it provides a legal basis for the law enforcement officers to carry out investigations and investigations as well as pursuing various suspicious transactions from financial institutions in order to seek cash flows that will eventually lead to intellectual actors holding funds for illegal logging activities. Although there are legal instruments that contain provisions of laws and regulations in the field of forestry and the environment, namely the Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and the Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, the law enforcement has not been able to embrace the conception of understanding that in trapping perpetrators using the principle approach, it is suspected or should be suspected of having committed the crime of money laundering. What is being done now is to arrest the illegal logging actors who carry out
TINJAUAN YURIDIS TERHADAP TINDAK PERDAGANGAN ORANG (TINJAUAN KASUS NO.741/PID.SUS/2016/PN.MDN) Theresia Simatupang
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.v18i3.1204

Abstract

Human trafficking, especially women, is increasingly prevalent, and it makes people more vigilant in supervising children and their environment in order to overcome the development of trafficking in Indonesia, especially in Kota Medan. The main factor in this crime is an economic factor as a big reason for someone to commit such human trafficking. Therefore, parents, the environmental community, and the government have a very important role in overcoming the process and eradicating criminal acts of trafficking in Kota Medan. The process of human trafficking can be prevented by getting closer to the creator and doing positive things in the community. There is the existence of law Number 21 of 2007 concerning Eradication of Human Trafficking as a means of protection from the government for acts of trade of people. In this Law, all matters relating to both human trafficking and the rules and sanctions are regulated.Keyword: Human trafficking, Protection, Overcome
Pemberdayaan Ekonomi Masyarakat Pesisir Ramah Lingkungan (Penelitian Di Belawan Kota Medan) Mukidi Mukidi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i3.592

Abstract

AbstractNatural resources as the main supporters of national development need to be considered to meet the interests of current and future generations. Therefore, various policies have been issued to maintain the natural resources as capital to realize the welfare of the entire nation by keeping maintaining the carrying capacity and the function of the environment. However, until now there are still a lot of damage, pollution, and natural disasters due to the management of natural resources that excludes the sustainability of environmental functions. The condition is compounded by the decline of vegetation cover in protected areas, loss of mangrove ecosystems / coastal plants, the increasing destruction of watersheds, and loss of water resources and decreasing quality of river and sea water. The visible immediate impacts are such as droughts, floods and landslides in various areas that cause human casualties, damage / disrupt the functioning of infrastructure, and worsened access of clean water. Keywords: economic empowerment, friendly environment
HUKUMAN MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DAN HUBUNGANNYA DENGAN HAK ASASI MANUSIA Muhammad Ridwan Lubis
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.v18i2.1087

Abstract

Abstract Capital punishment is the toughest criminal punishment of all types of crimes; therefore, the threat of capital punishment is only directed at certain criminals. The offense threatened with capital punishment, is relatively smaller than the others. Such death penalty is a type of punishment that always causes pros and cons because it is considered contrary to human rights. Based on the above background, this journal discussion presents the relationship between the death penalty and human rights.The implementation of capital punishment is the most violent reaction to a crime because it does not provide an opportunity for the perpetrators to correct their behavior. On the other hand, the capital punishment is also a tool for fulfilling legal objectives, and it can also be a kind of shock therapy for other criminals or people who intend to commit crimes. The regulation of the death penalty in Indonesian criminal law as well as in other laws and regulations is still maintained because it is in accordance with the spirit of Pancasila and the 1945 Constitution of the Republic of Indonesia so that the death penalty is not contrary or violates human rights.
Perlindungan Hukum Terhadap Pekerja PT. Mara Jaya Dalam Hal Kebebasan Berserikat Menurut Undang-Undang RI Nomor 21 tahun 2000 Tentang serikat pekerja Jauhari Ginting
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.v19i1.1907

Abstract

Freedom of association and assembly and also expression of opinion are basic rights possessed by citizens of a democratic sovereignty of the people. Based on this, the problem in this thesis is how to regulate the legal protection of workers in terms of freedom of association, how the implementation of legal protection for workers in terms of freedom of association at PT. Mara Jaya, what are the obstacles in terms of freedom of association implementation and how to overcome these obstacles to PT. Mara Jaya. This writing uses the library research method to study secondary data related to the  problems and field research by conducting interviews and collecting data to the Chairman of PT. Mara Jaya Medan.The legal protection arrangement for workers in terms of freedom of association is a guarantee to create a harmonious relationship between workers and employers as partners. Through a healthy industrial relationship, there will be guarantee of an equal position between the worker and the employer, the production process runs smoothly and business activities will not be interrupted and the worker will obtain welfare and guarantee of life until his old age. Implementation of legal protection for workers in terms of freedom of association at PT. Mara Jaya was not initially implemented. However, nowadays, it has been carried out in accordance with the provisions of the legislation that is protecting the rights of members, participating in maintaining order for the continuation of production, distributing aspirations in a democratic manner, developing the skills and
Penerapan Akuntabilitas Dan Maslahat Dalam Perspektif Hukum Wakaf Muhammad Zuhirsyan
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.v19i3.2676

Abstract

This study aims to find out the application of accountability and benefits in waqf law and also to find out the urgency of recording waqf in the perspective of Islamic law and accountability in disclosure. The object of the research is the implementation of waqf in Medan City community. This is a descriptive qualitative research. The method of collecting the data in research uses library research and interviews with several related parties. The sampling technique uses random sampling. The type of data used in this study is secondary primary data. The data analysis used is descriptive by using literature studies in the form of muamalah fiqh books including the DSN-MUI fatwa. The results showed that Waqf is one of the legal actions that have been determined by rules, harmony and conditions, both in the perspective of classical Jurisprudence and legislation in Indonesia. The application of waqf law as a legal act in the perspective of benefit and accountability can be realized by recording waqf up to reporting the development of waqf management to the Indonesian Waqf Agency (IWA) or it can be conveyed directly to the public.Keywords: Waqf, Accountability, Benefits 
Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan) Muhammad Ridwan Lubis
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.v20i1.3463

Abstract

Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
Perlindungan Hukum Terhadap Pihak Yang Beritikad Baik Dalam Perjanjian Lisensi Merek Menurut Undang-Undang No.15 Tahun 2001 Tentang Merek Tajuddin Noor
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.v17i2.348

Abstract

License Institution is one of the most important A license agency is one of the most important parts to implement HAKI (Intellectual Property Rights) of trademark and services. The implementation of the brand licensing agreement in Indonesia is regulated by the Branding Act No. 15, 2001. License is a permit given by a registered brand owner to other parties with an agreement based on the granting of rights (not transfer of rights) to use the brand, either for the whole or part of the type of goods and / or services that are registered in certain time and conditions. In licensing, the law provides legal protection to those who are well-liked. This provision constitutes a fundamental application of legal protection to the parties concerned. The legal protection of those parties is regulated in the Branding Act, Article 48, 2001. Keywords: Legal Protection, Good-willed Parties, Brand Licensing Agreement
Manusia Moralitas Dan Hukum Sutarni Sutarni
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.v18i1.916

Abstract

AbstractHumans, values, morals and laws are things that are interrelated and mutually supportive. As citizens, we need to learn, appreciate and carry out sincerely about values, morals and laws in order to create harmony and harmonious life.Basically values, morals and laws have function, namely to serve humans. There are three explicit functions in human life, namely: first, to remind humans to do good for themselves and others as part of society; second, to draw attention to moral issues that are not addressed by humans.Keywords: Human, Morality and Law

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