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INDONESIA
Jurnal Perspektif Hukum
Published by Universitas Harapan Medan
ISSN : 27158888     EISSN : 27165027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic law
Arjuna Subject : Umum - Umum
Articles 5 Documents
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Search results for , issue "Vol 1 No 1 (2020): Juni 2020" : 5 Documents clear
A KEARIFAN LOKAL DALAM MENGATASI KONFLIK HORIZONTAL DI KABUPATEN KARO rehulina sitepu; sugih ayu pratitis
Jurnal Perspektif Hukum Vol 1 No 1 (2020): Juni 2020
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (459.571 KB) | DOI: 10.35447/jph.v1i1.84

Abstract

The plurality of the Indonesian nation is one of the riches of the Indonesian nation which is rarely owned by other countries in the world. Each ethnic group in Indonesia has its own special customs and culture that become its identity. This does not mean that the existence of various ethnic groups with various special cultures must be eliminated in development. Development as a planned and desirable process must consider the existence of various ethnic groups and special cultures. Development should be carried out based on this reality which is harmonized with national interests. The research method used in the preparation of this study is a qualitative method. A good study always pays attention to the compatibility between the techniques used with the flow of general thought and theoretical ideas. The word qualitative method can be interpreted as a technique or procedure and theoretical idea. In the context of qualitative research, each other presupposes each other. For example, in the foregoing descriptions it will be explained that the purpose of using qualitative methods is to seek a deep understanding of a phenomenon, fact or reality. Facts, reality, concepts, symptoms and events can only be understood if the researcher tracks them in a manner that is not limited to just a view on the surface. Local wisdom (local wisdom) is understood as local (local) ideas that are wise, full of wisdom, good value, embedded and followed by members of the community. Where local local enthusiasm has a very important role for local communities in solving problems / conflicts that exist in social life.
IMPLEMENTASI TERHADAP STATUS HUKUM, HAK DAN KEDUDUKAN ANAK LUAR KAWIN PASCA KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI TENTANG UJI MATERIL UNDANG-UNDANG PERKAWINAN Desi Sommaliagustina
Jurnal Perspektif Hukum Vol 1 No 1 (2020): Juni 2020
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (520.828 KB) | DOI: 10.35447/jph.v1i1.87

Abstract

Since the issuance of the Constitutional Court Decision Number 46 / PUU-VIII / 2010, the contents granted the request of Machica Mochtar who was married to Moerdiono in an Islamic way but was not listed. From the marriage a boy named Muhammad Iqbal Ramadhan was born. After the Constitutional Court's decision was issued, the status of an extramarital child not only had civil relations with his mother and family, but also had civil relations with his father and father's family. MK decisions have broad implications, because children outside of marriage include children born of marriage that are religiously valid but not recorded, and children born from adultery.
TINJAUAN YURIDIS TERHADAP KEDUDUKAN ANAK DARI PERKAWINAN SIRI MENURUT KOMPILASI HUKUM ISLAM Dearma sinaga
Jurnal Perspektif Hukum Vol 1 No 1 (2020): Juni 2020
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.411 KB) | DOI: 10.35447/jph.v1i1.88

Abstract

The nature of marriage is a legal relationship between subjects who are bound in marriage (in this case what is meant is between a man and a woman). Marriage under Marriage Law No. 1 of 1974 is considered as an agreement (agreement) provided that the word agreement is taken in a broad sense. Because to get married requires a corresponding will between a man and a woman as well as information about the existence of the will. The term siri or secret marriage is already known among the ulemas. It's just that siri marriage which was known in the past is different in understanding from siri marriage at the present time. Previously what was meant by siri marriage is marriage in accordance with the pillars of marriage and the conditions according to the Shari'ah, it's just that witnesses were asked not to notify the occurrence of the marriage to the public, to the public, and naturally there was no walimatul-ursy. The siri marriage known by the people of Indonesia today is a marriage carried out by a guardian or deputy guardian and witnessed by witnesses, but not performed before the Marriage Registrar as an official government official or not registered at the Office of Religious Affairs for those who are Muslim or in Civil Registry Office for non-Muslims.The research method used in the preparation of this study is a qualitative method. A good study always pays attention to the suitability of the techniques used with general thought flow and theoretical ideas. The word 'qualitative method' can be interpreted as a technique or procedure and a theoretical idea. In the context of qualitative research, they presuppose each other. For example, in the foregoing descriptions it will be explained that the purpose of using qualitative methods is to seek a deep understanding of a phenomenon, fact or reality. Facts, reality, problems, symptoms and events can only be understood if the researchers trace them internally and are not limited to surface views.Legislation in force in Indonesia does not recognize the term children born as a result of a marital siri, besides that there is also no mention of the meaning of the term out of wedlock, in the legislation only mentions the notion of a legitimate child, which is contained in article 42 The Marriage Law states that the definition of a legitimate child is a child born as a result of a legal marriage, and article 99 KHI states the understanding of a legitimate child that is a child born as a result of a legal marriage or the result of fertilization between a legitimate husband and wife outside the wife's womb and born by the wife, so to find out the meaning of children outside of marriage must be forced to understand with the opposite meaning to these articles, namely that the child outside of marriage is a child who was not born in or as a result of a legal marriage or child which is not produced from fertilization legal husband and wife outside the womb and born by the wife.
Aspek Hukum Terhadap Wanprestasi Dalam Perjanjian Sewa Menyewa Menurut Kitab Undang-Undang Hukum Perdata Mahalia Nola Pohan; Sri Hidayani
Jurnal Perspektif Hukum Vol 1 No 1 (2020): Juni 2020
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.602 KB) | DOI: 10.35447/jph.v1i1.89

Abstract

Renting is an agreement with which one party binds itself to give to the other party to using of an item for a certain time and with a payment of a price which latter the party is able to pay. The rights and obligations of the parties on leasing agreement, the rights of the party that rents out are the rights to be received by the party who rents out. The leasing party has the right to rent which must be paid by the lessee at a certain time in accordance with the lease agreement. The renting party has the right to pandbeslag, which is the seizure carried out by the court on leasing applications such as furniture that is at home rented in the event that the tenant is in arrears of rent for auction if the tenant does not pay the arrears in full. The leasing party has the right to request the cancellation of the agreement and compensation. The right of the lessor is to give back the object that is leased to the tenant, maintaining the object that is leased so that it can be used for the intended purpose. The lease agreement ends with breach of contract before the expiry of the lease agreement can expire on its own at a certain time, after being stopped with due regard to a certain grace period. Even though a lease is a consensual agreement, but by law there is a difference between a written rental and an oral lease.
PERBANDINGAN ANTARA ASPEK HUKUM PERBANKAN DALAM SYARIAH DAN HUKUM PERBANKAN KONVENSIONAL sugih ayu pratitis
Jurnal Perspektif Hukum Vol 1 No 1 (2020): Juni 2020
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.071 KB) | DOI: 10.35447/jph.v1i1.90

Abstract

It cannot be denied that development requires significant and sustainable funding. In the case of mobilizing public funds, the role of banking institutions cannot be ruled out. Bank as an institution that works based on public trust, has a very strategic role and position in national development. As an intermediary institution for public finance, the bank becomes the intermediary media for those who have excess funds and those who lack. Based on data findings, in Indonesia banking institutions have a mission and function as development agents, namely as an institution that aims to support the implementation of national development in order to improve equity, economic growth and national stability towards improving the welfare of the people at large. Banks in addition to influencing the business world have also absorbed a lot of labor. The development of the world economy is moving rapidly along with the progress of the economy that continues to develop in a country.

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