Normative: Jurnal Ilmiah Hukum
Normative Jurnal Ilmiah Hukum contain writings or articles in the form of theoretical studies, conceptual ideas, research results, reviews, book reviews , and scientific meeting results related to the dynamics of law that have never been published in scientific journals or scientific articles. The language used is Indonesian or English is good and correct. All incoming articles will be reviewed by the editor by involving the best partner. The manuscript deemed worthy will be edited without changing the substance.
Articles
135 Documents
<![CDATA[PENYELESAIAN PERKARA PERDATA BERBASIS E-COURT PADA PENGADILAN NEGERI PADANG KELAS IA ]]>
<![CDATA[Ameliza, Dwikornida dan]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[One of the instruments in the form of court services to the public in terms of online case registration is through the e-court application which is regulated in Supreme Court Regulation Number 3 of 2018 concerning Electronic Administration of Cases in Court through the e-court application. The E-Court application has been massively socialized to the public, but there are still many people, even lawyers, who are still reluctant to register their cases via the E-Court application on the grounds that it is troublesome and they don't really understand how the application works, so it seems difficult. In 2019 the Supreme Court again issued Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Court as a replacement for Supreme Court Regulation Number 3 2018 concerning Electronic Administration of Cases in Court. This research is descriptive in nature using a sociological juridical approach. The data used in this research includes primary data and secondary data using primary, secondary and tertiary legal materials. The analysis used in this research is qualitative analytical. The results of the research are as follows: first, the implementation of e-court-based civil case settlement at the Class IA Padang District Court has been carried out in accordance with the rules. Second, the obstacles faced in resolving e-court-based civil cases at the Class IA Padang District Court are the summoning of the Defendant which is done by registered letter so that its validity is difficult to assess, the E-Court server often experiences errors and the parties' lack of understanding of the trial system. carried out electronically. Regarding the obstacles faced, it is hoped that the Supreme Court will improve the quality and capacity of the server to support the operation of the E-Court application, and provide legal education regarding electronic trials so that it is better known to the lay public.]]>
<![CDATA[Politik Uang Sebagai Upaya Mendapatkan Suara Masyarakat Perspektif Hukum Islam ]]>
<![CDATA[Zulhendra, Joni]]>;
<![CDATA[AS, Boiziardi]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative.v11i2 November.995
<![CDATA[This article is motivated by the phenomenon in society of using money as an effort to get people's votes in elections. In the perspective of Islamic law, money politics is called risywah or bribery, an act that is false or counteracts a rightful act and is prohibited by the syara' because it can damage the government structure. In Islamic law and in law, money politics is viewed as a prohibited act and as a result of this act the perpetrator can be punished by a judge in accordance with the applicable law, whereas in Islamic law a person who has been given the mandate to become a leader, then he or she cannot If you care for it well, a person will not smell the smell of heaven. The difference between the two views of money politics is not too explicit, namely that the source of Islamic law comes from the Koran and hadith, while laws originate from humans or regulations are made by humans]]>
<![CDATA[PENGELOLAAN USAHA HULU MINYAK DAN GAS BUMI SEBELUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 36/PUU-X/2012 ]]>
<![CDATA[Riza, Dola]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v12i1.1022
<![CDATA[The Constitutional Court stated that there were 9 articles that were unconstitutional in the Oil and Gas Law. After the Constitutional Court's decision the government was deemed inconsistent in carrying out the Constitutional Court's decision. The formulation of the problem in this research is 1). How is the management of oil and gas before the Constitutional Court Decision Number 36 / PUU-X / 2012. Type of research used is normative legal research, The research approach used is approach to legislation and conceptual approaches. The legal material used is primary legal materials, secondary law materials and tertiary legal materials. The technique of collecting the legal material used is study documents. The technique of analysis of legal materials used is qualitative analysis techniques. Based on the results of the study can be concluded that Oil and gas management prior to the birth of the Constitutional Court Decision is carried out by the oil and gas implementing agency, where the oil and gas implementing agency represents the country in conducting civil relations with business entities or permanent business entities.]]>
<![CDATA[Pelaksanaan Penyidikan Tindak Pidana Pemerasan Dan Pengancaman Yang Dilakukan Melalui Aplikasi Pesan Pada Nomor Seluler Oleh Ditreskrimsus Polda Sumatera Barat ]]>
<![CDATA[Yenti, Nurlinda]]>;
<![CDATA[Pamungkas, Yoga]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative.v11i2 November.965
<![CDATA[The development of technology is directly proportional to the phenomenon of crime by utilizing electronic media. The government issued a special legal product to accommodate the development of criminal acts committed through electronic means, namely Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. One of the most common crimes committed by means of communication is extortion and threats, as stated in the Police Report Number: LP/111/III/2021/SPKT-SBR. The formulation of the problem in this study is how to carry out investigations into criminal acts of extortion and threats carried out through a message application on a cellular number by the DitreskrimsusPolda West Sumatra on police reports number LP/111/III/2021/SPKT-SBR?. What are the obstacles in carrying out investigations into criminal acts of extortion and threats carried out through a message application on a cellular number by the DitreskrimsusPolda West Sumatra on the police report number LP/111/III/2021/SPKT-SBR?.What are the obstacles in carrying out investigations into criminal acts of extortion and threats carried out through a message application on a cellular number by the DitreskrimsusPolda West Sumatra on the police report number LP/111/III/2021/SPKT-SBR?. The approach used in this research is sociological juridical, namely the problem approach by looking at the reality in the field associated with the applicable rules. The results of the research and discussion are starting from reports of victims who have been threatened with the distribution of personal photos of victims who violate decency aimed at eradicating the suspect's debt to the victim by corroborating evidence of electronic documents containing screenshots of conversations and vulgar photos of victims sent to the victim's parents. so that the suspect is proven to have violated Article 27 paragraph (1) Juncto Article 27 paragraph (4) Juncto Article 29 Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Constraints include internal constraints, namely the lack of competent human resources and computer forensics equipment, there is no special regulation that authorizes cyber investigators to access data on individuals suspected of committing crimes.]]>
<![CDATA[KAJIAN ECONOMIC ANALYSIS OF LAW : UNTUK SEBUAH ARBITRASE KOMERSIAL YANG BERNILAI EKONOMIS ]]>
<![CDATA[puspita, lona]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The problem that often occurs in arbitration settlements is disharmony between one statutory regulation and another statutory regulation resulting in inefficiency, namely between Article 3 UUAAPS, Article 11 UUAAPS and Article 10 paragraph (1) of Law Number 48 of 2009 concerning Power. Justice. So the problem in this writing is how to study Economic Analysis of Law in realizing a commercial arbitrage that has economic value. The results of the discussion stated that the existence of international commercial institutions in resolving disputes in Indonesia cannot be said to be effective because there are still inefficiencies among existing regulations. Therefore, efficiency theory is needed in making legal regulations so that these regulations can provide legal certainty to the public.]]>
<![CDATA[Penyelesaian Wanprestasi Pada Perjanjian Jual Beli Tanah Di Pengadilan Negeri Padang (Studi Putusan Perkara Nomor. 46/Pdt.G/2022/PN Pdg) ]]>
<![CDATA[Dwikornida, Dwikornida]]>;
<![CDATA[Avied, Hakimu]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative.v11i2 November.997
<![CDATA[Default can arise due to intentional or negligent commitment to being bound by an agreement and the presence of compelling circumstances. The default between the Plaintiff and Defendant I and Defendant II was a land sale and purchase case where Defendant I and Defendant II did not have the good faith to assist in the process of changing the name of the certificate because they had left their residence so that the Plaintiff could not change the name to the Plaintiff's name. Article 1365 of the Civil Code explains that every act that violates the law and causes loss to another person requires the person who caused the loss through his fault to compensate for the loss. The formulation of the problem is 1) What is the judge's consideration in resolving the default in the land sale and purchase case at the Padang District Court in Case Decision Number. 46/Pdt.G/2022/PN Pdg. 2) To find out the judge's decision in resolving defaults on land sales and purchases at the Padang District Court in Case Decision Number. 46/Pdt.G/2022/PN Pdg. The objectives of the research are 1) To find out the judge's considerations in resolving defaults in land sale and purchase cases at the Padang District Court in Case Decision Number. 46/Pdt.G/2022/PN Pdg. 2) To find out the judge's decision in resolving defaults on land sales and purchases at the Padang District Court in Case Decision Number. 46/Pdt.G/2022/PN Pdg. The benefits of research are theoretical and practical benefits. The research method is normative law and the data source is secondary data. Document study and literature study data collection techniques. Data processing is editing and coding. The analysis technique is qualitative. The results of the research, first: The judge's considerations in resolving default on land sale and purchase cases at the Padang District Court were carried out by accepting, examining and adjudicating the case and the judge decided that the Plaintiff was on the winning side and could change the name of the Ownership Certificate from the name of Defendant I to the name The plaintiff punished Co-Defendant II (BPN) for assisting in the process of changing the name of the certificate. Second: The judge's decision in resolving the default on the sale and purchase of land at the Padang District Court was carried out with a uit voorbaar bij vooraat and a verstek decision so that the Plaintiff was on the winning side and was entitled to a transfer of name certificate and Defendant I and Defendant II were punished jointly to pay costs case amounting to Rp. 2,980,000 (two million nine hundred and eighty thousand rupiah).]]>
<![CDATA[PELAKSANAAN HAK PEMBEBASAN BERSYARAT NARAPIDANA DILEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIB PADANG MENURUT UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN ]]>
<![CDATA[Gessia Ferandha, Marisa Jemmy dan]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Granting conditional release is a form of implementing the rights of prisoners who are serving a criminal term in a correctional institution in accordance with Law Number 22 of 2022 in Articles 9 and 10 concerning Corrections. The granting of conditional release is aimed at prisoners who behave well while serving their sentence in a correctional institution. In terms of the implementation of granting parole, it has not run optimally at the Class IIB Padang Women's Correctional Institution, there are several prisoners who have not received their right, namely parole, due to several obstacles, namely delays in completing administrative requirements. , the absence of a guarantor by the prisoner. The formulation of the problem in this paper is first, how are the rights of conditional prisoners implemented according to Law Number 22 of 2022 concerning Corrections in the Class IIB Padang Women's Correctional Institution, secondly, what obstacles do the Class IIB Padang Women's Correctional Institution face? in implementing the right to parole according to Law Number 22 of 2022 concerning Corrections and how to overcome obstacles to implementing the rights of conditional prisoners in Correctional Institutions according to Law Number 22 of 2022 concerning Corrections in the Padang Class IIB Women's Correctional Institution. The method in this research is an empirical juridical approach which is descriptive. Data collection techniques are through interviews and literature studies, then processed through editing, coding and tabulation processes and analyzed qualitatively. The results of this research indicate that the implementation of the right to parole for prisoners by the Class IIB Padang Women's Prison is considered not completely successful, as can be seen from the comparison of data on parole in the Class IIB Padang Women's Prison. Prisons for the 2021-2022 period between those proposed and those realized have not been fully met with the proposed amount. Obstacles faced in implementing the right to parole for prisoners in the Class IIB Padang Women's Prison for the 2021-2022 period include procedures for applying for parole which are too complicated and require quite a long time to reach a decision to accept or reject the proposal, then family guarantor. The whereabouts of prisoners are unknown, and there are prisoners who violate disciplinary regulations in correctional institutions so that their right to parole is lost.]]>
<![CDATA[Hamil Diluar Nikah Sebagai Alasan Dispensasi Kawin Di Pengadilan Agama Koto Baru Solok (Studi Penetapan Perkara Nomor 119/PDT.P/2020/PA.KBR) ]]>
<![CDATA[Rahmad, Abd.]]>;
<![CDATA[Oktavia, Monica]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative.v11i2 November.966
<![CDATA[According to Article 7 Paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, it is stated that: "In the event of a deviation from the age provisions as intended in Paragraph (1), the parents of the man and /or the woman's parents can ask the Court for dispensation for very urgent reasons accompanied by sufficient supporting evidence. The formulation of the research problem is 1) How do judges consider pregnancy out of wedlock as a reason for marriage dispensation at the Koto Baru Solok Religious Court in the Determination of Case Number 119/Pdt.P/2020/PA.KBr? 2) What is the legal analysis of pregnancy out of wedlock as a reason for marriage dispensation at the Koto Baru Solok Religious Court in Case Determination Number 119/Pdt.P/2020/PA.KBr? The problem approach is normative juridical and the data type is secondary data. Data collection techniques were obtained through library research. Data processing was editing and coding. Qualitative data analysis. Research result; Firstly, the Judge's considerations are classified into two, namely legal considerations that when the Judge gives a decision it must be in accordance with the legal arguments and evidence submitted, namely the applicant is 8 months pregnant, the applicant is still at school and there is a rejection at the Office of Religious Affairs regarding marriage. . Considering social justice, marriage is considered an alternative solution. The legal analysis of pregnancy out of wedlock as a reason for marriage dispensation at the Koto Baru Solok Religious Court is that the court agrees more with Imam Hanafi's opinion, namely "Women who have become pregnant because of adultery do not get iddah and are even allowed to marry them, but they are not allowed to have sexual relations. until giving birth." Once the child is born, the child only has a lineage relationship with his mother and his mother's family in accordance with Article 100 of the Compilation of Islamic Law. The advice is that it is hoped that children, teenagers and parents will be more careful and supervise their relationships so that they do not fall into promiscuity and it is hoped that law enforcers will continue to produce good decisions and determinations.]]>
<![CDATA[PENERAPAN SANKSI HUKUMAN DISIPLIN TERHADAP NARAPIDANA YANG MELAKUKAN TINDAKAN KEKERASAN DI RUMAH TAHANAN NEGARA KELAS IIB PADANG ]]>
<![CDATA[Eggy Rinanda Putra, FITRA OKTORINY dan]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Sanctions are the power to force someone to obey certain social rules and regarding legal sanctions to fulfill an agreement or comply with the provisions of the law. According to Article 1 paragraph (7) of the Minister of Law and Human Rights Regulation Number 6 of 2013 concerning the rules of correctional institutions and state detention centers, what is meant by disciplinary punishment is the punishment imposed on prisoners or detainees as a result of committing acts that violate prison rules and regulations. or prison. The problems that the author raises in this thesis are the application of disciplinary sanctions against convicts who commit acts of violence in the class IIB Padang state detention center, obstacles to the application of disciplinary sanctions against prisoners who commit violent acts in the class IIB Padang state detention center and efforts to overcome obstacles to implementation. Disciplinary Punishment Sanctions Against Prisoners Who Commit Acts of Violence in the Class IIB Padang State Detention Center. The author conducted research using a sociological juridical approach, while the nature of the research is descriptive. Data collection techniques through interviews and literature study, then processed through editing, coding and tabulating processes and analyzed qualitatively. Based on the research results, it can be concluded that: The application of disciplinary sanctions against convicts who commit acts of violence in the Class IIB Padang Detention Center means that each inmate is subject to disciplinary sanctions which have been regulated in the Minister of Law and Human Rights Regulation Number 6 of 2013 concerning Correctional Institution Rules and the State Detention Center. The sanctions given are in the form of confinement for 2 or 3 days in a detention cell such as a cell trap in the form of a prison within a prison because in this room the prisoner's movements are restricted from socializing with fellow prisoners. Obstacles to the Implementation of Disciplinary Sanctions against Prisoners Who Commit Violent Acts in the Class IIB Detention Center in Padang, the number of personnel is still small when compared to the number of inmates (inmates) in the Class IIB Detention Center in Padang. Class IIB Detention Center in Padang There must be additional security personnel at the Class IIB Detention Center in Padang and disciplinary sanctions must be enforced for inmates (inmates) who commit violence against other inmates as stated in the Ministry of Law and Human Rights Law Number 6 of 2013.]]>
<![CDATA[PENCABUTAN HAK PERWALIAN ANAK DAN PENUNJUKAN WALI DI PENGADILAN AGAMA KELAS 1A PADANG (Studi Putusan Pekara Nomor 455/Pdt.G/2021/PA.Pdg) ]]>
<![CDATA[Fardi Marfin, MARDIUS dan]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v12i1.1019
<![CDATA[Children are a trust and gift from the Almighty God, in whom the honor and dignity of being a complete human being is inherent. He also says that parents are obligated and responsible for their children. Guardianship is the authority given to a person to carry out legal acts as a representative for the interests and on behalf of a child who does not have both parents, or both parents or living parents are not capable of carrying out legal acts therefore, what is called a guardian is a person who is given the authority to take legal action in the interests of the child. The problem that the author raises in this thesis is how to implement the application for the revocation of child custody rights and the appointment of a study guardian in the decision in Case Number 455/Pdt.G/2021/PA.Pdg and what are the judge's considerations in revoking child custody rights and the appointment of a study guardian in the decision in Case Number 455 /Pdt.G/2021/PA. The author conducted research using a sociological juridical approach. Based on the results of the research, it can be concluded that: The implementation of the application for revoking the child's guardianship rights and the appointment of a guardian means that the biological grandmother applied for the revocation of the child's guardianship rights for the purpose of obtaining pension funds for the child's biological mother for survival, where the child is physically disabled and of course requires significant costs. pretty much. The judge's consideration in revoking the child's guardianship rights and appointing a guardian was that the petition for the lawsuit could be granted by determining that the child named Muhammad Zahran Fadhlur Rahman was under the guardianship of the plaintiff Roslian and the plaintiff as guardian had the right to take legal action because the child was abandoned (died) by his mother because the biological father neglected his obligations. and has handed over childcare to his biological grandmother.]]>
