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INDONESIA
Mahadi : Indonesia Journal of Law
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 29647185     DOI : https://doi.org/10.32734/mahadi
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other
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
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Legal Study of the Failure of Mediators in Resolving Disputes on the Division of Collective Property After Divorce (Study in Medan Religious Courts) Pulungan, Nita Nilan Sry Rezki; Andriati, Syarifah Lisa
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.v3i01.15451

Abstract

In Article 1 of the Marriage Law, marriage reflects the spiritual and physical bond between a man and a woman with the aim of forming a happy and lasting family based on faith in the Almighty God. In legally valid marriages, the role of assets is crucial in building a household, both as individual and joint assets. Issues related to marital assets often arise, affecting the well-being and comfort within the marriage. Reasons for divorce include invalid marriages, domestic violence, neglect of responsibilities, and prolonged disputes. When both parties seek divorce, mediation is utilized as a means to resolve conflicts, guided by a mediator seeking resolution options. This study identifies factors contributing to the failure of mediation in resolving disputes over joint property. These factors include parties' knowledge, absence, cultural and character differences, reluctance to compromise, prolonged and complex conflicts, ill intentions, external influences, lack of understanding of rights and obligations, and materialistic tendencies. The success of mediation in the Medan Religious Courts depends on the mediator's ability, derived from knowledge, education, training, and experience, which serves as a tool to effectively assist parties in resolving their disputes.
Implementation of the State of Law Principles from the Constitutional Law Perspective: A Case Study of Legislative Aspects in Law Enforcement in Indonesia Pakpahan, Zainal Abidin; Yasmin, Ananda Sabillah; Safitri, Indri Tiya; Nainggolan, Elian S Christoper; Nasution, Thorique Akbar Maulana
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.v3i01.15452

Abstract

The Fourth Amendment to the 1945 Constitution of the Republic of Indonesia, enacted in 2002, officially established the concept of the State of Law, or "Rechtsstaat," which was previously only mentioned in the Explanation of the 1945 Constitution. This concept was solidified in Article 1, paragraph (3), which states, "The State of Indonesia is a State of law." This study utilizes a normative legal research method, focusing on document analysis using various secondary data sources such as legal literature, court decisions, legal doctrines, and expert opinions. The research's analysis centers on the implementation of the rule of law principles within the constitutional framework, with a specific focus on legislation and law enforcement in Indonesia, particularly in the legislative domain. Despite efforts to reform legislation, there are still deficiencies in the legislative process that may hinder the effective implementation of the rule of law principles. Some challenges include inconsistencies in laws, the intricate nature of the legislative process, and potential political interventions that could compromise the independence of legislative bodies.
The Position of the Principle of Legality vs the Principle of Opportunity in the Accemination of the Prosecutor's Demands in the Replic Agenda (Valencya Case Study at the Karawang State Attorney) Sitompul, Rina Melati; Pasaribu, Juniarti Canceria
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.v3i01.15454

Abstract

Withdrawing criminal charges against Valencya during a trial's replication stage has generated debate, seemingly balancing the principles of legality and opportunity. This issue is significant because the Prosecutor in the Valencya Case has effectively assumed the role of Legal Advisor. This study presents a descriptive analysis of normative research within the criminal procedure system. By detailing the placement of legal charges in the Valencya case, a thorough analysis is conducted regarding the Public Prosecutor's authority in determining the legality and the discretion to discontinue prosecution. The Principle of Opportunity justifies discontinuation efforts in charge acquisition, even when clearance requirements are conducted in the replica agenda. While prioritizing legal interests to achieve justice for victims, the principle of legality can be waived, aligning with the concept of restorative justice in the Prosecutor's Office agenda.
Rights of Restitution to Child Victims Under Law No. 35 of 2014 Concerning Child Protection Hasibuan, Lidya Rahmadani; Lubis, Syaravina
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.v3i01.15455

Abstract

Restitution is the compensation paid by a perpetrator, as determined by a court with a final legal decision, to cover the material and/or immaterial losses suffered by the victim or their heirs. In cases involving child victims, restitution becomes obligatory for the perpetrator to compensate the victim for their losses. This demonstrates the perpetrator's responsibility for actions that have harmed the victim, their family, or heirs, in accordance with Article 71 D Paragraph (2) of Law Number 35 of 2014, which amends Law number 23 of 2002 concerning Child Protection. Restitution, as a form of compensation for victims of crimes, aligns with the Principle of Restoration to its Original Condition (restitutio in integrum), aiming to restore victims to their state before the crime, although complete restoration may not be possible. It emphasizes a holistic recovery approach, addressing various aspects resulting from the crime's consequences. Through restitution, victims can recover their freedom, legal rights, social status, family life, citizenship, residence, employment, and assets. The research will be conducted at the Belawan Police, Medan LPSK, and Bagan Deli Belawan Village.
Analysis of Governance System and Authority Distribution in DKI Jakarta: a Study of Government Structure and Electoral System Uzdah , Nadya; Salsabila, Vivia; Saputra, Kristo; Dharmaputra, Mochamad Isa; Santa, Regina; Yosephine; Christanta, Febe; Natalia, Astrid Genius; Evani, Yessi; Limbong, Yohana Ditia
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.v3i01.15483

Abstract

Local government is the implementation of government affairs by the provincial government and the Regional People's Representative Council according to the principle of autonomy and duties assistance with the principle of the broadest possible autonomy within the system and regulations of the Unitary State of the Republic of Indonesia as intended in the 1945 Constitution of the Republic of Indonesia. In Indonesia itself, several autonomous regions have their specialties, one of which is the Provincial Government of the Special Capital Region of Jakarta, which carries out government affairs according to the principles of autonomy and assistance duties with the broadest economic principles as intended in the 1945 Constitution of the Republic of Indonesia. The research method employed in this study is the juridical normative method, which analyzes the applicable laws and norms related to the structure of regional government and the electoral system.
Optimizing Sustainability: Exploring the Intersection of Carbon Trading and Social Forestry Initiatives Girsang, Lode Wijk Pandapotan; Simbolon, Noviana; Saputri, Rizki Nanda; Lubis, Ria Karlina
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.v3i01.15546

Abstract

Carbon trading has emerged as a novel approach to mitigating climate change impacts and promoting sustainable development. The emphasis on social forestry enhances this strategy by involving local communities in forest management and carbon trading. In the context of the climate crisis, this study examines how the combination of carbon trading and social forestry can promote sustainability. The adoption of social forestry practices, such as empowering communities and managing forests sustainably, aims to reduce carbon emissions and preserve ecosystem health. This approach offers dual benefits by fostering local economic growth through carbon trading and safeguarding biodiversity while addressing climate change impacts. The research delves into the opportunities and obstacles of integrating carbon trading into social forestry, laying the groundwork for comprehensive solutions to sustainability and climate change adaptation.
Legal Review of the Authority of Financial Services Authorities in Crime Practicesinsider Trading in Capital Markets in the Development of Information Technology Asnawi, M. Iqbal; Fitriani, Rini; Isnaini, Nazar; Mutiarani, Rosy; Herlambang, M. Hafiz; Martin, Christopher
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.v3i01.15762

Abstract

The practice of insider trading constitutes a violation or crime within the Indonesian capital market, necessitating a legal role to safeguard investors against frequent violations in the market. This research delves into the legal role in addressing insider trading practices within the Indonesian capital market. The objectives include identifying the characteristics of insider trading in the Indonesian capital market and discerning the legal responsibilities associated with such practices. The research addresses the following issues: First, the characteristics of insider trading in the Indonesian capital market; and second, legal responsibilities concerning insider trading practices in the Indonesian capital market. This study employs a deductive-analytic juridical-normative approach. The analysis reveals that, firstly, the provisions on insider trading in capital markets law have not effectively ensured maximum protection for investors in Indonesia. Secondly, there are hindrances to offering comprehensive legal protection to investors in light of insider trading practices within the capital market.
Resolution of Land Disputes Through Mediation Siti Rahmah; Kadir, M. Yakub Aiyub; Megawati, Cut; Astini, Dewi; Sulfi, Aina
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.v3i01.15763

Abstract

This study delves into mediation as a means of dispute resolution, particularly outside the courtroom, contrasting with the prevalent use of courts, especially in land dispute cases. It highlights mediation as a direct process with enduring positive effects, aiming to achieve peace and mutually beneficial solutions while ensuring no party is harmed. The resulting agreement from mediation holds legal weight and is considered final, bolstered by a peace agreement signed between the involved parties and the mediator. The study aims to evaluate the efficacy of mediation as a conflict resolution tool outside the courtroom, culminating in a documented agreement. Employing normative legal research methods with a statutory approach, the study meticulously examines all relevant laws and regulations. Data collection utilizes literature review methods, providing a comprehensive reference base to support research on the role of mediators in dispute resolution. The gathered information is systematically compiled and analyzed using descriptive methods. In conclusion, mediation has demonstrated its effectiveness as an alternative to court proceedings in settling disputes. The mediator, acting as a facilitator, helps the parties reach an agreement. The outcomes of mediation, documented in the peace agreement, are registered in court, providing legal validity and conclusiveness to the agreed-upon terms.
Carbon Trading Literacy for Rural Communities Tarigan, Vita Cita Emia; Siregar, Mahmul; Ekaputra, Mohammad; Rauf, Abdul; Idris, Siti Hafsyah
Mahadi: Indonesia Journal of Law Vol. 3 No. 2 (2024): Edisi Agustus 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to explore the importance of carbon trading literacy in rural communities within the context of increasing awareness of climate change while enhancing village income. Understanding the concept of carbon trading becomes increasingly crucial. North Sumatra, with its diverse natural resources and economic sectors that have the potential to contribute to carbon emissions, has an urgent need to enhance carbon trading literacy among its populace. The research method used is literature review and interviews to gather data using a qualitative approach. The results indicate that the level of carbon trading literacy is still low, with limited understanding of the concept, benefits, and implications of carbon trading. Factors such as lack of access to information, education, and environmental awareness are major obstacles in enhancing carbon trading literacy in the community. The findings of this research highlight the urgency to enhance mentoring and education efforts regarding carbon trading.
The Legal Policy Framework for The Management of Development and Rural Spaces After The Entry into Force of The New No. 6 Year 2023 on The Establishment of Government Regulations to Replace The Law No. 2 Year 2022 on The Creation of Jobs to Become a Law Muin, Fatkhul
Mahadi: Indonesia Journal of Law Vol. 3 No. 2 (2024): Edisi Agustus 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The spatial policy is a key instrument in creating the use of the spaces that exist in Indonesia, ranging from the level of central government, provincial government, district government to the village level. Spatial law policy, generally at the most basic level, where the village has a strategic role in the space management framework. In accordance with article 48 of the Act No. 6 of 2023 on the Establishment of Government Regulations to Replace the Law No. 2 of 2022 on the Creation of Works into Law, that the Rural Area Design is directed to: 1) empowerment of rural communities; 2) defence of the quality of local environment and the Territories supported by it; 3) conservation of natural resources; 4) preservation of local cultural heritage; 5) defense of perennial agricultural land for food sustainability; and 6) maintenance of the balance of rural-urban development. The basic concept of rural spatial planning is oriented towards the interests of empowerment of society. In this study analyzes related to the village spatial law policy in a legal perspective. By using normative law research.

Page 4 of 7 | Total Record : 68

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