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Vita Cita Emia Tarigan
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INDONESIA
Mahadi : Indonesia Journal of Law
ISSN : -     EISSN : 29647185     DOI : https://doi.org/10.32734/mahadi
Mahadi: Indonesia Journal of Law is an academic journal for Legal Studies published by Universitas Sumatera Utara. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning laws and legal system. The focus and scope of this journal are legal problems in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Business Law, Medical Law, Notary Law, Inheritance Law, Tax Law, Insurance Law, Environmental Law; Adat Law; Law on Marriage and Family, Cyber Law, Agrarian Law, Legal Philosophy and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 68 Documents
Legal Protection Of Finance Companies Through The Withdrawal Of Fiduciary Guarantee Objects in Multipurpose Financing Agreements Habibah Indah Sebayang
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

A finance company is a form of business in the non-bank financial sector which is carried out in the form of providing funds or capital goods and in conducting financing requires the existence of a guarantee, namely the motorized vehicle itself as collateral. Finance companies as creditors require a guarantee from the debtor. The formulation of the problem in this study is how to withdraw fiduciary guarantee objects in multipurpose financing agreements for motorized vehicles at finance companies, how is the legal protection for finance companies in consumer financing business activities in multipurpose financing agreements for motorized vehicles.The method used in this thesis research is descriptive normative legal research. The approach method used is the case approach. The data sources used consist of secondary data and are supported by primary legal materials, secondary legal materials and tertiary legal materials. Writing research through regulations and legal materials related to this research.The results of the study explain that the withdrawal of fiduciary guarantee objects in multipurpose financing agreements for motorized vehicles at finance companies can be carried out parate executie to objects of fiduciary guarantees. Legal protection for finance companies in consumer financing business activities in multipurpose financing agreements for motorized vehicles is carried out preventively or repressively.
Implementation Of The Utilization Of Village Funds During The Covid-19 Pandemic Wulan Wulan Suci; Faisal Akbar; Afnila
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

Village funds are budget allocations on-budget that can be used directly to support efforts to mitigate the impact of Covid-19 at the household and village levels. This study aims to gain a deeper understanding of the regulation of the use and utilization of village funds during the Covid-19 pandemic, the implementation of village fund usage during the Covid-19 pandemic in the Air Batu Subdistrict, and the supervision of village fund management during the Covid-19 pandemic. The results show that the utilization of village funds during the Covid-19 pandemic remains based on the provisions of Law Number 6 of 2014 concerning Villages. The use of village funds for handling Covid-19 can also be based on the Regulation of the Minister of Village Development of Disadvantaged Regions, and Transmigration of the Republic of Indonesia Number 13 of 2020 concerning the Priorities of Village Fund Utilization for the Year 2021. This regulation explicitly governs (1) National economic recovery in accordance with the authority of the village, (2) National priority programs in accordance with the authority of the village, (3) Adaptation of new village habits. The supervision of the use of village funds during the Covid-19 pandemic is carried out by the local government of the district/city (Inspectorate), sub-district head (camat), Village Consultative Body (BPD), and village communities. This is regulated in the Regulation of the Minister of Home Affairs Number 73 of 2020 concerning the Supervision of State Financial Management.
The Problematics of Turning on The Main Light Lettings For Two-Wheeled Motor Vehicle Under The Laws Number 22 Year 2009 on Traffic And Road Transport Juliani Prihartini; Alvi Syahrin; Mahmud Mulyadi; Marlina
Mahadi: Indonesia Journal of Law Vol. 2 No. 1 (2023): Edisi Februari 2023
Publisher : Universitas Sumatera Utara

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Abstract

For two-wheeled vehicles, it is expressly required by Law Number 22 of 2009 Concerning Road Traffic and Transportation to switch on the primary lights during the day. A requirement for vehicle eligibility on the road is the regulation of this obligation. The provisions in the UULLAJ do not yet control the ATPM's accountability for vehicle requirements that ensure the headlights stay on and the availability of an automatic device as a warning when the headlights are damaged. This has ramifications for traffic-related duties performed by the National Police in the area of law enforcement. Only drivers who fail to fulfil their requirements to ensure the specifications of their primary lights throughout the day without touching the ATPM are the targets of law enforcement. Because there was no legal framework for the Police to take action against the ATPM, this law enforcement was not carried out. In reality, considerations of legal certainty, justice, and advantages must be given while establishing a legal norm. Data were collected using interviews as main sources and library research as secondary sources. This study employs a qualitative research methodology and is a descriptive analysis.
Protecting Digital Dignitas: Highlighting Legal Protection and Responsibility in Personal Data Security Crime in Indonesia's Online Marketplace World Dinda Yunisa Yunisa; Adelina Mariani Sihombing; Chelsea Mutiara Putri; Nurul Hasanah
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

Today the development of technology is increasingly massive and gave birth to a form of intelligence called Artificial Intelligence/AI. Economic potential and threats of personal data leakage awaiting immediate investigation. The concept of digital dignity is closely related to personal data security because in the digital era, leakage of personal data can harm users and violate their privacy rights. This paper aims to provide a juridical analysis of digital identity protection by highlighting legal protection and marketplace responsibility for cases of personal data leakage in Indonesia. The type of research used is normative legal research using statutory regulations, case studies and concept approaches. This research uses secondary data as the main data and uses literature study as a material collection technique. All materials that have been collected are then inventoried, classified, and analyzed using descriptive analysis which aims to describe the problem so that innovative solutions are obtained. There are several deficiencies in the marketplace security system and regulations governing the protection of personal data. This can be handled with marketplace supervisory agencies or supervisory parties, implementing standardized security and regulations on marketplaces specifically as well as internal and external digital identity protection regarding the several parties involved in it.
National Interest and National Identity Affect The Behaviour Of Foreign Policy Syaravina Lubis
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

There was a time when national identity influenced foreign policy, as in China, which has its Buddhist impermanence derived from its cultural identity. It has the identity of, and is derived from Japan's experience of the war in its own country. National interests on foreign policy actions are stronger than that of national identity. It targets countries without strong national identity clout, such as Western European countries such as Germany, and other countries such as the United States and Indonesia. The existence of strong national identities therefore only reinforces the influence of national interests influencing foreign policy, as has happened in China and Japan. Indonesia has Pancasila as its national identity. It has influenced its foreign policy by recognizing external threats. Moreover, Pancasila's national identity influences Indonesia's interior rather than its foreign policy. During the New Order era, China was known to be a communist threat to Indonesia, and Indonesia cut ties with China. In Europe and the United States, where societies have become multicultural societies, national interests influence foreign policy more than national identity. We should have more influence on our foreign policy to unite our national interests and multicultural societies.
Harmonisation of Regulations About A Reasonable Agreement and Actions to Achieve Sustainable Development Alignment of Goals Ria Karlina Lubis
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

The achievement of basic rights related to adequate housing is one of the goals of Indonesia's full commitment to realizing sustainable development. This study aims to harmonize regulations regarding reasonable agreements and actions to achieve fitness for sustainable development goals. This study will concentrate on examining the harmonization of the actual contents of regulations by using a concept approach and legal methods, taking into account the importance of relevant laws to support these development goals. Defining what constitutes a viable and sustainable organization is the first step in the discussion. The next section provides an overview of how the definition of "decent and sustainable housing" is used to form the substance of laws and regulations related to adequate housing. These definitions have been established. In accordance with SDGs Goal 11, the substance of legislation related to adequate housing is determined by the research findings that can be produced.
The Ulos Silalahi Woven Fabric Serves As a Significant Cultural Attribute Within The Silahisabungan District, Located In The Dairi Regency Noviana Simbolon
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

The tittle of this research is Weaving Ulos Silalahi as a Cultural Attribute in Silahisabungan District, Dairi Regency. The objective of this study is to investigate the process involved in creating Ulos Silalahi Woven fabric and its utilization as a cultural symbol in traditional ceremonies within the Silahisabungan District. The present study employs ethnographic research methods. The findings indicated that the production of Ulos Silalahi Woven Fabrics commenced with the Mangunggas, which involves the bending of threads. Subsequently, the Manorha process is undertaken to string the threads into a humpalan. Finally, the Matibobok process is employed to create intricate designs on the fabric. The term "manirat" refers to the traditional process of fabric production, namely the creation of cloth and tassels. The utilization of Ulos Silalahi weaved cloth persists in contemporary times, particularly during traditional gatherings within Silalahi I Village. Ulos Silalahi, a type of woven fabric, holds significant cultural value among the Batak community, particularly among the descendants of the Silalahi clan residing in the Silahisabungan sub-district. This fabric is utilized throughout many occasions, both celebratory and mournful in nature.
Capital Punishment: Islamic Criminal Law Perspective annisa annisa; Eka Putra; Muhammad Asla Fathi
Mahadi: Indonesia Journal of Law Vol. 2 No. 2 (2023): Edisi Agustus 2023
Publisher : Universitas Sumatera Utara

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Abstract

This paper delves into the multifaceted dimensions of capital punishment within Islamic criminal law, examining its application and underlying objectives. The study revolves around two primary objects:  the application of capital punishment and the objectives of implementing the death penalty. By exploring these dimensions, this paper seeks to elucidate the intricate interplay between justice, societal well-being, and legal philosophy within Islamic jurisprudence. The first object addresses the legal framework and ethical considerations surrounding the practice of capital punishment. Drawing from both retributive and consequentialist theories, the analysis illuminates the dual nature of Islamic jurisprudence in its pursuit of fairness and societal harmony. The second object investigates the objectives underpinning the death penalty's application. Rooted in the concepts of benefits (maslahah) and justice, Islamic legal thought underscores the balanced amalgamation of individual rights and collective welfare. In conclusion, this paper underscores the significance of collaborative efforts among legal scholars, policymakers, and communities to ensure a just and nuanced application of capital punishment. Through comprehensive engagement, Islamic societies can advance a holistic approach to punishment that aligns with the ethos of justice and societal well-being.
The Role of Victimology in the Protection of Crime Victims in Indonesian Criminal Justice System Yunara, Edi; Kemas, Taufik
Mahadi: Indonesia Journal of Law Vol. 3 No. 01 (2024): Edisi Februari 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v3i01.15379

Abstract

Crime victims often find themselves in a consistently disadvantaged position, suffering physically, psychologically, and materially due to the crimes they endure. Unfortunately, the state's attention to victims lacks the intensity given to criminals, with a predominant focus on the legal position and human rights of offenders. Striking a balance between justice for perpetrators and protection for victims is essential. Presently, victims are predominantly considered supplementary to the sufferer, serving as witnesses solely to establish the guilt of the perpetrator. This research uses legal normative methods and employs a descriptive-analytical approach to explore victim guarantees in the Indonesian criminal justice system. The study scrutinizes statutory regulations, emphasizing the role of victimology in safeguarding crime victims. Historically, victim protection primarily centered on the right to compensation. However, Law Number 13 of 2006 concerning Witness and Victim Protection, in conjunction with Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Witness and Victim Protection, significantly expanded victims' rights. Despite this progress, the integration of victim rights into the criminal justice system remains incomplete. The Indonesian criminal justice system must prioritize and safeguard victims' interests, acknowledging the crucial role of victimology in advocating for the rights of those harmed by perpetrators.
Navigating Legal Awareness in the Digital Era: Cultivating A Digital Culture in Indonesia Hafizhah, Annisa
Mahadi: Indonesia Journal of Law Vol. 3 No. 01 (2024): Edisi Februari 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v3i01.15417

Abstract

This research investigates the various impacts of digital transformation on legal culture and societal norms in present-day Indonesia. By examining the convergence of legal changes, technological progress, and cultural shifts, the study underscores the significance of maintaining traditional values in the face of rapid digital advancements. Emphasizing the importance of legal literacy, the paper advocates for innovative educational initiatives, such as those utilizing film and podcasts, to improve public comprehension of legal concepts. The analysis highlights the careful equilibrium needed for Indonesia to embrace digital culture while preserving its diverse cultural legacy.