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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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Implementasi dan Akibat Hukum Perjanjian Perkawinan Setelah Keluarnya Putusan MK NO.69/PUU-XIIX/2015 Suhaila Zulkifli
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.v17i3.593

Abstract

AbstractThe marriage agreement is marriage planning, and each couple is entitled to prepare it. The marriage agreement serves is a preparation for living a home life to minimize and to avoid a dispute between husband and wife, and to provide legal certainty between the rights and obligations of each party. In the Marriage Law No. 1 of 1974, Article 29 Paragraph (1) states that the Marriage Agreement must be executed when or before the marriage takes place; by the enactment of the Constitutional Court Decision No. 69 / PUU-XIII / 2015, the phrase "when or before marriage takes place" is now changed that the Marriage Agreement may be executed after the marriage takes place during the marriage bond. The legal consequence of the issuance of the Constitutional Court's decision is more legal protection especially for women not to become victims of domestic violence, guaranteeing the protection of property rights or building rights of the property so that the spouse focuses on marriage destination. Keywords: Implementation, legal effect, Marriage Agreement
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA BADAN LINGKUNGAN HIDUP KABUPATEN LANGKAT T.A. 2011 (Studi Putusan No: 51/PID_SUS-TPK/2015/PN MDN) Rahmayanti Rahmayanti
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.v18i2.1088

Abstract

Abstrack This study aims to determine the regulation of corruption. Corruption in Indonesia is increasingly widespread seen from who the perpetrators are, how they commit corruption, and how much the state’s losses incurred. Indonesia's Corruption Watch (ICU) notes that the perpetrators of the most corruption are from civil servants (PNS) and they are in the top rank.  This study aims to find out how the civil servants commit corruption in the procurement of government goods and services, and how far the mode or method affects the judge in making a decision. This study uses a normative method. The civil servants commit corruption in different ways or procedures with special characteristics. Putting personal interests above the community  ones and something entrusted to them is not carried out properly is called modus operandi. The modus operandi carried out by civil servants in the procurement of government goods and services occurs in all stages of procurement and implementation of the modus operandi, and it also influences the criminal convictions, especially in the high and lower levels of criminal behavior; the more despicable the crime is, the higher the speech.1 Based on the results of this study, it can be concluded that three problems that often occur in the process of procurement of goods and services.  Key Words: Modus Operandi, Corruption, Civil Servants, Judge’s Decision
Kepastian Dan Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Atas Tanah Berdasarkan Undang-Undang No.5 Tahun 1960 Tentang Peraturan Pokok-Pokok Agraria Jawakil Butarbutar
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.v19i1.1908

Abstract

This research is related to the Basic Agrarian Law which regulates land rights including property rights by registering the rights to their land to obtain ownership rights intended for maintain legal certainty and legal protection for holders of property rights over land. For this reason, it is important to socialize the importance of registering uncertified land to become certified land for legal certainty and protection of holders of property rights on the land to avoid land problems in the community. For this reason legal certainty and protection are needed so that the status of land owned by the people is clear as well as all actions taken relating to the land such as transfer, inheritance, transfer of rights, revocation / exemption and abolition of the land rights. With the certificate, the government has a definite role to provide legal protection to the  holders of property rights because the certified land has been registered at the landoffice and it becomes an obligation for the government to protect it. Keywords: Legal Certainty and Protection, Holders of Certificates of Ownership,  Agrarian Basic Law.
Kajian Yuridis Tentang Sanksi Kebiri Dalam Sistem Pemidanaan Di Indonesia Berdasarkan Undang Undang Nomor 17 Tahun 2016 Tentang Perlindungan Anak Warsiman Warsiman
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.v19i3.2677

Abstract

Indonesia is one of signatory member of the United Nations Convention on the Rights of the Children, which requires the State to guarantee that no children may suffer torture or other cruelty, whether it is humane action or degrading treatment or punishment. Protection of children in criminal cases is categorized as special protection that requires special treatment in handling the cases.Decency crimes generally lead to condemnation from the community; it especially comes from parents that happen to girls and boys, regarding the crime of rape, obscene acts, pedophiles and others. The arrangements that can be imposed on perpetrators prior to the existence of special laws governing pedophiles namely articles 289, 290, 292, which are regulated in the Criminal Code and articles 81, 82 and article 76D which are regulated in Law No. 16 of 2017 on the amendment of Law No. 23 of 2002 concerning children protection.In law No. 17 of 2016 amendment to Law No. 23 of 2002 concerning child protection, it is stated in law No. 16 of 2017 enhances the sanctions for the child sexual violence perpetrators, namely by chemical castration or injection of chemical liquids and installing chips as electronic detection devices. Such actions will be punished within a maximum period of two years and it is implemented after the convict is serving a basic sentence. Perpetrators may also be subject to additional penalties in the form of announcements of the perpetrator's identity because the actions and additional penalties are excluded for the child perpetrators . Keywords : Child, Decency Crime, Pedophile, Chemical Castration Punishment,
Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan) Lubis, Muhammad Ridwan
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.v20i1.3464

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
Pertanggungjawaban Pelaku Tindak Pidana Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia Akibat Kelalaian Muhammad Ridwan 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.v17i2.357

Abstract

Smooth traffic will bring smoothness in all efforts; otherwise, if traffic cannot create smoothness and regularity well, it causes many congestion and accidents which may influence to all social life. In writing this thesis, the author applies the method of literature review (library research) to examine secondary data and field research by doing research in the District Court Class I Medan and Medan Police. The factors affecting the increase of traffic accidents on the highways are caused by people’s lack of awareness and adherence to obey any traffic regulations. People always blame law enforcement officers (police) without realizing and filtering their own mistakes first. Indeed, to create the military and regularity in the traffic there must be a good cooperation between law enforcement officers and the people because without intertwining between the rights and obligations of law of the enforcement officers and the public, it is impossible to create tranquility, order and comfort in traffic. Such traffic accidents have happened since years ago and always increase up to now in Indonesia.
Analisis Yuridis Terhadap Kedudukan Keuangan Negara Dalam Penyertaan Modal Daerah Pada BUMD Berbadan Hukum Perseroan Terbatas Muhammad Ridwan Lubis
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.v18i1.917

Abstract

AbstractThe position of the State Finance as a separated asset which is included as regional capital in BUMD (Regional Owned Enterprises) incorporated as a limited liability company becomes the property of BUMD Persero and disconnected from the State / Regional Finance so that if the BUMD loses in carrying out its activities. If the loss is caused by an error or negligence of the Directors / management through examination and determination by a Public Accountant Consultant; consequently, the Directors / management can be prosecuted in civil but not criminal cases. BUMN (State-Owned Enterprises) /BUMD must submit to the State Finance Law because management and supervision are subject to the laws of a limited company, not following the APBN (Budget for State Revenues and Expenditures) or APBD (Budget for Regional Revenues and Expenditures) system. Keywords: BUMD, Public Money, Private Money
Desain Indutri Sebagai Karya Yang Dilindungi (HAKI) AR, Azhari; Rahmadani, Gema
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.v19i1.1741

Abstract

A designer has a copyright on the results of his creativity in the form of a blueprint and has the exclusive right to make the artwork into three or two dimensions. The industrial design law is directed at protecting mass-produced goods. People prefer protection with the right to industrial design, which is only protected for 10 years. This is because a design is very easy and can be imitated quickly by the general public. When it is protected by copyright, it becomes ineffective and wasteful. Copyright does not protect mass products.Keywords: Design, Industry, Work, Intellectual Property Rights
Praperadilan Sebagai Salah Satu Upaya Perlindungan Hak-Hak Tersangka Dalam Pemeriksaan Di Tingkat Penyidikan (Studi Pengadilan Negeri Medan) Sahri Sebayang
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.v19i2.2445

Abstract

AbstractThe forced efforts carried out in Investigations and Prosecutions by the competent authority can be controlled through the Judiciary.The purpose of this institution was established so that the rights of the suspect could be protected, especially in the case of illegal arrest and detention as well as the cessation of investigation and prosecution. Although the institution has been regulated in positive law (Law Number 8 of 1981), but in its application there are still weaknesses both in its formulation and in its application in court so that there is no protection of human rights for suspects.This study discusses the issue of how the pretrial authority before and after Decision Number 21/PUU-XII/2014, how is the role of pretrial as an effort to protect the rights of suspects in investigations at the investigation level, what factors are obstacles to the protection of pre-trial suspect rights and how to solve them.This research uses descriptive method through literature study and field study to obtain data by holding questions and answers (interviews) with judges in the jurisdiction of Medan District Court.The results showed that the pretrial authority before Decision Number 21/PUU-XII/2014 is regulated in Article 77 through Article 83 of the Criminal Code, which is about the validity of an arrest and / or detention, the validity of the termination of an investigation or the cessation of prosecution at a request for the sake of law and justice, request for compensation or compensation rehabilitation by the suspect or his family or other party for his power of attorney whose case has not been submitted to the court. After the issuance of the Constitutional Court’s ruling Number 21/PUU-XII/2014 added to the determination of the suspect, search and seizure, including as apretrial object. The role of pretrial as one of the efforts to protect the rights of the suspect in the investigation at the investigation level to provide legal protection to immediately get an examination for furthermore can be submitted to the Public Prosecutor. The inhibiting factors regarding the protection of the rights of pretrial suspect are the lack of pretrial practice, differencesin the basic considerations of judges in passing decisions, and limited short time in pretrial hearing.Key-Words: Pretrial, Suspect Rights, Investigation.
Perlindungan Hukum Bagi Konsumen Muslim Terhadap Peredaran Makanan Tidak Bersertifikat Halal (Studi pada LPPOM MUI Sumatera Utara di Medan Masnun Nasution
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.v20i1.3259

Abstract

The regulations for legal protection for Muslim consumers against the circulation of not halal food certified are regulated in the Law of the Republic of Indonesia Number 18 of 2012 concerning Food and the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, the Law of the Republic of Indonesia Number 33 of 2014 concerning Halal Product Guarantee. The role of LPPOM MUI in halal certification is as LPH where LPPOM will be an institution that carries out the process of inspecting food ingredients, inspecting product processing, examining equipment, production rooms, and checking the halal assurance system. In addition, the role of LPPOM MUI as LPH is to submit the results of the inspection and / or testing the halalness of the product to BPJH. Keywords: Legal Protection, Muslim Consumers, Food Circulation, Not Halal Certified.

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