Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
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
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<![CDATA[Sensitivitas pp 78 tahun 2015 Tentang pengupahan ]]>
<![CDATA[Ibnu Affan]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 1 (2019): Edisi September 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v19i1.1740
<![CDATA[The establishment of UMP/UMK based on PP on wage is accomplished in a simple way without making survey on price. The minimum wage is determined on this PP is made by using the formula of minimum wage calculation in KHL in accordance with the productivity and economic growth. With this calculation, the rise of minimum wage could be estimated either by the employee / labor, or the entrepreneurs every year. Furthermore, it will give warranty to the entrepreneur in their entrepreneurship. The presence of PP on wage, in fact, triggers many rejections from employee/labor because it is in contradictory with the Act of Employment which results disadvantages for employee/labor because the determination of UMK/UMP will be made without the Union of Labors but it will be decided directly by the governor without any recommendation from the regent/mayor. Keyword : Sensitivity Pp 78 Year 2015 On Wage]]>
<![CDATA[PERAN OTORITAS JASA KEUANGAN DALAM MELINDUNGI PEMEGANG POLIS ASURANSI AKIBAT PAILITNYA PERUSAHAAN ASURANSI (Studi Putusan Mahkamah Agung Nomor 408 K/Pdt.Sus-Pailit/2015)Abstract ]]>
<![CDATA[Muhammad Ridho]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 2 (2020): Edisi Januari 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v19i2.2444
<![CDATA[AbstractThe Financial Services Authority as an institution that oversees activities in the insurance sector functions to create a financial system that grows in a sustainable and stable manner and can foster public confidence in the insurance industry. Within the scope of supervision in the insurance sector, the Financial Services Authority has the authority to submit bankrupt statements to insurance companies in order to protect the interests of insurance policy holders.The purpose of the research in this thesis is to analyze the authority of the Financial Services Authority in the insolvency of insurance companies, to analyze the legal protection of customers who are harmed by the insolvency statement of insurance company to analyze the legal considerations of judges in the Supreme Court’s Decision No. 408 K/ Pdt. Sus-Pailit /2015.The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials, and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials.The results showed that the Authority of the Financial Services Authority in the insolvency of insurance companies is based on the Bankruptcy Law and Suspension of Debt Payment Obligation (‘UU KKPU’) and Financial Services Authority Act (‘UU OJK’) with its implementation arrangement and the Financial Services Authority’s position as the party submitting an application for bankruptcy statements through the Board of Commissioner of Financial Services Authority. Protection provided to insurance policy holders in the case of bankruptcythat is guaranteed the position of policy holder in the event ofbankruptcy to the insurance company.Judge’s legal consideration in the decision of the Supreme Court Number 408 K/ Pdt. Sus-Pailit /2015 so as to decide on PT. AsuransiJiwaBumiAsih Jaya declared bankrupt is the OJK as a financial service sector supervisory agency authorized to submit bankruptcy requests for insurance companies because PT AsuransiJiwaBumiAsih Jaya is proven to have debt in the form of payment of the policy holder’s claim liability.Key-Words: Role of OJK, Insurance Policy, Bankruptcy.]]>
<![CDATA[Analisis Yuridis Tentang Pencabutan Hibah Orang Tua Kepada Anak Kandungnya Dalam Perspektif Perspektif Kompilasi Hukum Islam (Studi Putusan Nomor 1934/Pdt.G/2013/ PA.Mdn) ]]>
<![CDATA[Mustamam Mustamam]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v20i1.3258
<![CDATA[A grant is a type of gift made by one person to another when the donor and recipient of the grant is still alive. Grants, in any law, are basically irrevocable unless they meet certain conditions. A grant is the giving of an object voluntarily and it is done without reward from someone to another person who is still alive to have. A grant cannot be withdrawn except for a grant from the parent to the child, that is to say that the ability to withdraw the grant only applies to parents who donate something to their child. It means that the parents give grants to their children by paying attention to the values of justice.The results of this study indicate that the Religious Court Medan Number 1934 / Pdt.G / 2013 / PA.Mdn which was decided on 26 May 2014 regarding the land given by the grantor was declared revoked or cancelled because the fact shows that first, the life of the grantor at that time was very poor and suffered from diabetes. Second, according to the plaintiff, the grantees had stolen the plantation owner's land certificate. Third, according to witnesses, the grantees refused to support or help the grantor when he was poor. Revocation of this grant is also in accordance with Article 212 of the Compilation of Islamic Law which states that a grant cannot be revoked or cancelled unless it is a grant from the parents to their biological child. This is why the court declared that the grant was null and void. Keywords : Grant, Revocation, Grantor, Grantees.]]>
<![CDATA[Aspek Hukum Paralegal Sebagai Pemberi Bantuan Hukum Terhadap Masyarakat Miskin Dan Marginal Dalam Mencari Keadilan ]]>
<![CDATA[Maria Rosalina]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v17i2.353
<![CDATA[Indonesia is a legal state or recthsstaat and not a state of power (machtsstaat). To solve legal problems, someone deserves to get legal aid and one of the legal aids is from paralegal. Paralegal is a non-law graduate but possesses basic knowledge and understanding of law and human rights to provide legal assistance to the needy. The term paralegal in the Indonesian legal system is, in writing, just recognized and mentioned in the law on legal aid No. 11 of 2016, in Article 9 and Article 10. Keywords: Legal Aspect, Paralegal, Legal Aid]]>
<![CDATA[PERANAN DOSEN DALAM PERSAINGAN INTERNASIONAL ERA MASYARAKAT EKONOMI ASEAN (Studi Analisis Normatif) ]]>
<![CDATA[Halimatul Maryani]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v17i3.586
<![CDATA[Abstract In the globalization era of international competition, ASEAN members have participated in the agreement of ASEAN Economic Community to create a highly competitive single production-based market to promote equitable economic development for all member countries and to integrate them with the global community; consequently the impact will make the competition in every field increasingly tight, including in education. To achieve the target as members of ASEAN Economic Community, it is obligatory for them to increase the adequate human resources and to be daring in ASEAN free market competition. Then, a question "Who is Human Resource?" appears. From education point of view, one of these resources is the lecturer. Then, the lecturers should play a role because they are the human resources in education and it is very necessary to improve their competence. Therefore, the role of the lecturers is expected to improve the quality of a university, especially in the campus environment and at least to be equal to the quality of education with other ASEAN members. This becomes a challenge for the lecturer as well. Keywords: Role of Lecturer, International Competition, ASEAN Economic Community]]>
<![CDATA[PELAKSANAAN LELANG HAK TANGGUNGAN PADA BANK BNI SYARIAH KANTOR CABANG MEDAN ]]>
<![CDATA[Jumiati Jumiati]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.911
<![CDATA[Abstract Financing provided by the Bank does not rule out the possibility of causing various consequences such as: sluggish payment, special attended payments and even congested payments. Therefore, before financing is provided, the Bank will definitely ask for guarantees to the recipient of the financing, with the aim that the financing provided can be returned based on the agreement between the Bank and the recipient. The binding of Underwriting Rights is one of the guarantee institutions that can be carried out with various land rights as regulated in the Basic Agrarian Law (BAL) such as Ownership Rights, Building Rights and Cultivation Rights. The law Number 4 of 1996 concerning Underwriting Rights to Land Article 6 states that the first Underwriting Right holder has the right to sell provided guarantees through the Underwriting Right guarantee institution on his own authority through a public tender method. Because of this, the financing provider or the Bank can directly conduct an auction to the collateral for financing provided by the recipient. This study aims to find out how Medan Branch Office of PT. Bank Negara Indonesia Syariah conducts an auction of provided collateral items if the financing is congested. The auction conducted by the State Property and Auction Service Office (KPKNL) is the last solution if between the financing provider (Bank) and the recipient of the financing does not find a solution by means of deliberation and consensus. There is the issuance of the Finance Minister’s Regulation Number: 93 / PMK.06 / 2010 of 2010 concerning the Implementation Guidelines for Auction as the latest auction regulation that is currently in effect. Therefore, if an auction occurs at Medan Branch Office of PT. Bank Negara Indonesia Syariah, it is conducted by the State Property and Auction Service Office (KPKNL) according to the Finance Minister’s rule.Keywords: auction, mortgage rights. ]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Korupsi Penyalahgunaan Wewenang Dalam Jabatan Di Dinas Pendidikan Nias Selatan (Studi Putusan No. 10/pid.sus.tpk/2017/pn.medan) ]]>
<![CDATA[Sonya Airini Batubara]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 2 (2019): Edisi Januari 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i2.1168
<![CDATA[Corruption is very closely related to the factor of abuse of authority or influence that exists on someone’s position as an official who deviates from the legal provisions so that the action is detrimental to the economy and state finances. The purpose of writing this study is to find out and to analyze whether in case of the misuse of authority in the Payment of Teacher Professional Allowances, the corruptor has got appropriate punishment by law. The research method used in the writing is normative research that uses a statue approach and conceptual approach.The conclusion of the study is that the application of criminal law both formally and materially in the Corruption Crime of Abuse of Authority by the Treasurer in Decision No.10 / PID.SUS.TPK / 2017 / PN.MEDAN is appropriate, and in terms of the application of material criminal law, the actions of the defendant Maranatha Dachi. SPd. has fulfilled the element of offense as the subsidiary indictment was chosen by the Panel of Judges which states that the Defendant is found guilty of committing Corruption Crime which was regulated in Law No.20 of 2001 concerning Amendment to Law No.31 of 1999 concerning Eradication of Corruption Crimes, and in making decisions against the Corruption of Abuse of Corruption by the Treasurer at the South Nias Education Office Decision No.10 / PID.SUS.TPK / 2017 / PN.MEDAN. The Panel of Judges uses judicial and non-juridical considerations. However, according to the Writer, the judge should dig deeply into the non-juridical considerations primarily concerning matters that incriminate the Defendant.]]>
<![CDATA[Kebijakan Formulasi Tindak Pidana Terhadap Pelaku Usaha yang Tidak Melaksanakan Putusan KPPU yang Sudah Berkekuatan Hukum Tetap (BHT) ]]>
<![CDATA[Fitrah Akbar]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 2 (2020): Edisi Januari 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v19i2.2336
<![CDATA[Abstract Article 44 paragraphs (4) and (5) of Law no. 5 of 1999 regulates that for business actors who do not carry out the KPPU's decisions that have permanent legal force (BHT), KPPU can hand over these business actors to investigators. The provision is unclear, that is, it is not written / stated explicitly, including the categories of acts that can be subject to / threatened with principal or additional crimes as in Articles 48 and 49 of Law No. 5 of 1999. The lack of clarity is related to the issue of formulasi policy which is one of the strategic policies in realizing more rational laws and becomes a guideline for the next functionalization stages, namely the application and execution stages. Formulation of criminal offenses in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is interpreted as a wesenschaw offense, which is said to have fulfilled the elements of a criminal offense not only because the act is in accordance with the formulation of a criminal offense but the act is also intended by the legislators, that the business actor and or other party may be convicted if do not carry out what becomes their obligation as in the KPPU Decision which has BHT. Obligations to carry out the business and other parties mentioned, namely carrying out administrative sanctions / actions imposed by KPPU for violating the administration of Law No. 5 of 1999. That also signifies criminal conviction in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is ultimum remidium.Keywords: Formulasi Policy, Business Actors, KPPU Decision.]]>
<![CDATA[Analisis Yuridis Pemberian Hibah Dibawah Tangan Dikaitkan Dengan Pendaftarannya Pada Kantor Pertanahan Terhadap Penetapan Pengadilan Agama Medan Kelas I-A Nomor: 125/Pdt.P/2017/PA.Mdn ]]>
<![CDATA[Kharisman Koima Batubara]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 3 (2020): Edisi Mei 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v19i3.2917
<![CDATA[Grant is one of the transitions of property rights that have been regulated in the Code of Civil Law. The definition of a grant as explained in the provisions of Article 1666 of the Civil Code is something of an agreement with which the donor in his lifetime, free of charge and irrevocably, hand over an object for the purpose of the recipient of the grant who received the surrender. Grant is also one of worship that aims to strengthen the sense of affection between the donor and the recipient of the grant.This type of research is library research by discussing books, both primary and secondary books that explain the concepts of civil law and Islamic law. Meanwhile, this research is comparative descriptive with normative approach. The research method used in this paper is normative-empirical legal research. The data used are secondary data and primary data derived from books, or legal literature, legislation, interviews and other materials that are included in the scope of the grant.Based on the results of the study, it can be obtained that the problem in this study is about the process of transitions the land rights cannot be carried out because the giving of the grant is done by means of a grant under the hand and the grantor has passed away before the transition process is done before a Notary.This is due to the lack of legal understanding of the procedure for land grants in accordance with the law and it has become their custom to comply with customary law which is allowed to do underhand grants without being done before a Notary and the grant is invalid if it is not done before a Notary except for those who are subject to customary law. Basically the grant is valid and consequently it applies to the parties if the receipt of the grant has received explicitly the gift (with a Notarial deed) this is regulated in article 1683, article 1682 of the Law Code. Based on the underhand grant of the donor who has died first before the transitions process of the rights in the legislation, a religious court decision is needed so that the transitions of land can be carried out. Keywords: Land, Underhand Grant, Notary]]>
<![CDATA[Perlindungan Hukum Pemegang Hak Atas Tanah Terhadap Objek Yang Sama (Studi Putusan Nomor putusan 55 Pdt. G.2007/PN.RAP) ]]>
<![CDATA[Satria Braja]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 3 (2019): Edisi Mei 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i3.1188
<![CDATA[The purpose of writing this article is to find out and to analyze whether the rights to land under the hands without being attended by witnesses can be justified by law and how legal protection of the holders of land rights is applied to the same object. The research method used in writing this article is normative research that uses a statue approach and conceptual approach. Based on the results of the study, the authors obtained answers to the problems; whether the above legal protection has fulfilled the basic elements Legal protection on land in fact it has a certificate on the same object so that mastery and ownership cause injustice. Responding to the things mentioned above, it is concluded that land is an inseparable part of human life and life so that land rights are human rights that legally contain control and ownership. Keywords: Legal protection, Land rights, the same object]]>
