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Normative: Jurnal Ilmiah Hukum
Published by Universitas Tamansiswa Padang
ISSN : 19075820     EISSN : 26208202     DOI : https://doi.org/10.31317/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 135 Documents
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Analisis Yuridis Penetapan Nomor 0549/Pdt.P/2018 PA.Pdg. Tentang Permohonan Pengesahan Pernikahan Non Muslim Di Pengadilan Agama Padang Kelas I A Mardius, Mardius; Mailiza, Sustri
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v11i2 November.956

Abstract

Law Number 1 of 1974 concerning Marriage states that: "Marriage is valid if it is carried out according to the laws of each religion and belief." Article 7 paragraph (3) of the Compilation of Islamic Law states that: The marriage certificate that can be submitted to the Religious Court is limited to matters relating to: the existence of a marriage in the context of settling a divorce, loss of a marriage certificate, doubts about the validity or not of one of the terms of the marriage , there are marriages that occurred before the enactment of Law Number 1 of 1974, marriages carried out by those who do not have obstacles to marriage according to Law Number 1 of 1974. The marriage is valid if according to their respective religions and beliefs and the marriage is in the presence of the person authorized to do so. For those who are Christians and then convert to Islam, this is regulated in the Compilation of Islamic Law, especially implicitly in Article 7 paragraph (3) letter (c). The formulation of the problem is how the judge considered in determining number 0549/Pdt.P/2018 PA.Pdg. regarding the application for legalization of non-Muslim marriages at the Padang Religious Court class I A and what is the juridical analysis of the determination number 0549/Pdt.P/2018 PA.Pdg. regarding applications for legalization of non-Muslim marriages at the Padang religious court class I A. The approach to the problem in this research is normative juridical, the nature of the research is descriptive research. Data collection techniques include interviews and literature study. Data processing by editing and coding, and qualitative data analysis. The results of the research concluded that the judge's consideration in validating non-Muslim marriages with determination number 0549/Pdt.P/2018 was that the applicant was previously non-Muslim, namely Christian, then the applicant converted to Islam. The applicant is still Muslim and has never been divorced. According to the author, the juridical analysis of the determination of legalization of non-Muslim marriages is based on theories in Islamic law, in the book Al-Muhazzab Juzz II page 52 which states that: "The marriage contract of husband and wife before converting to Islam is valid according to the Sharia', even though they were previously married without a guardian and without witnesses. Because during the time of the Prophet SAW, many husbands and wives converted to Islam and the Prophet SAW legalized their marriage before converting to Islam with his taqrir, without asking them about the conditions for marriage according to Islam to them, such as the requirements for a guardian and two fair witnesses." Then this was strengthened based on the Compilation of Islamic Law Article 7 paragraph (3) letter (c).
PENEGAKAN HUKUM PERLINDUNGAN KONSUMEN DARI PRAKTIK IKLAN YANG MENYESATKAN Yuliska, Edwin
Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Advertising is an important tool in the marketing strategy used by companies to introduce their products and services to consumers. However, misleading advertising practices are a significant problem, which can harm consumers from various aspects, including financially, health and psychologically. This writing aims to analyze existing legal protection against advertising practices that mislead consumers in Indonesia, focusing on Law Number 8 of 1999 concerning Consumer Protection and various other relevant regulations. This writing uses normative legal research methods (normative juridical) which is research that examines document studies, statutory regulations and the opinions of scholars. With discussion, namely forms of misleading advertising, the impact of misleading advertising on consumers, and legal protection for consumers. It is hoped that consumer protection from misleading advertising practices can be further improved, thereby creating a fairer and more transparent market environment.
Upaya Hukum Perdata Terhadap Putusan Pengadilan Yang Belum Memuaskan Pihak Berperkara Yuliska., Edwin
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v11i2 November.969

Abstract

Civil procedural law is a series of regulations that contain how people must act before a court that is regulatory and coercive through a panel of judges, which aims to carry out legal action in civil cases. So parties who reject the results of the court's decision can file legal action and the case can be re-examined at a higher judicial level. Legal remedies for civil cases consist of ordinary legal remedies, namely Resistance (verzet), Appeal, Cassation and extraordinary legal remedies, namely Derden Verzet (Third Party Resistance), Judicial Review, where the legal subjects are humans and legal entities.
ANALISIS YURIDIS PENETAPAN PERKARA NOMOR 199/PDT.P/PA PADANG TENTANG ASAL USUL ANAK YANG TIDAK MEMILIKI AKTA KELAHIRAN DI PENGADILAN AGAMA KELAS IA PADANG Karsa Setiaman Zalukhu, Abd. Rahmad dan
Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Children are the next generation of the nation that we must always look after because they have inherent dignity and rights as human beings that must be upheld. Article 55 paragraph (1) of Law Number 1 of 1974 concerning marriage explains that the origin of a child can only be proven by an authentic birth certificate issued by an authorized official. . The formulation of the problem is: What is the judge's consideration in Case Number 199/Pdt.P/2022/PA.Pdg concerning Determining the Origin of Children who do not have a Birth Certificate in the Padang Class 1A Religious Court and what is the juridical analysis of the Decision in Case Number 199/Pdt.P/2022 /PA.Pdg Regarding Determining the Origin of Children Who Do Not Have Birth Certificates at the Padang Class 1A Religious Court. The approach to the problem in this research is Normative Juridical, a technique for collecting library study data and then processing it through editing and coding processes, and analyzed qualitatively. Based on the research results, it can be concluded that: The judge's consideration regarding determining the origin of children who do not have birth certificates is that the applicant and respondent need a determination from the Religious Court to serve as a legal basis for processing and obtaining the child's birth certificate. and the respondent had an unregistered marriage before the applicant's child was born and the applicant and respondent were willing to marry officially and be registered at the KUA, with sufficient evidence and witnesses, the panel of judges granted the decision as the legal basis for the Padang City population and civil registration service to issue the birth certificate of children of the applicant and respondent. Juridical analysis regarding the determination of the origins of children who do not have a birth certificate, applicant I and applicant II have gone to process the child's birth certificate at the Padang City civil registration office, but the officer at the civil registration office is not authorized to issue the child's birth certificate because there is no determination from the Court. Padang Religion. So the applicant and respondent first officially married at the KUA office. Article 103 paragraph 1 of Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law explains that the origin of a child can only be proven by a birth certificate or other evidence.
Penyidikan Tindak Pidana Pencabulan Yang Pelakunya Warga Negara Asing Asal Pakistan Terhadap Anak Di Polda Sumbar (Laporan Polisi Nomor : LP/B/446/XII/SPKT/POLDA Sumatera Barat) Oktoriny, Fitra; Nur’aini, Mayang
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The territorial principle or territoriality principle is a principle that considers that criminal law in Indonesia applies within the territory of the Republic of Indonesia for anyone who commits a criminal act and this principle is confirmed in Article 2 of the Criminal Code. The formulation of the problem in this research is: How is the investigation of a criminal act of sexual abuse involving a foreign citizen from Pakistan against a child at the West Sumatra Regional Police (Police Report Number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police)? What are the obstacles in investigating criminal acts of sexual abuse involving foreign nationals from Pakistan against children at the West Sumatra Regional Police (Police Report Number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police)? How are efforts to overcome obstacles in investigating criminal acts of sexual abuse involving foreign citizens from Pakistan against children at the West Sumatra Regional Police (Police Report Number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police)? The problem approach used in this research is a sociological juridical approach, namely looking at facts in the field and linking them to applicable legal regulations. The results of the research are the implementation of an investigation into a criminal act of sexual abuse involving a foreign citizen from Pakistan against a child at the West Sumatra Regional Police (police report number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police) with a report from the public to the PPA Unit West Sumatra Regional Police, after that the police conducted an investigation by investigators, then the investigation turned into an investigation, after finding the perpetrator the investigators made an arrest, then investigators carried out a search, confiscation and detention of the suspect in the West Sumatra Regional Police Detention Center for 20 days plus 40 days by the Sumatra High Prosecutor's Office West, then investigators carried out an examination, and prepared a BAP which was then handed over to the prosecutor. Obstacles in investigating criminal acts of sexual abuse involving foreign citizens from Pakistan against children at the West Sumatra Regional Police (police report number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police) are the lack of personnel, case files being returned to investigators because incomplete (P19), there is limited ability in foreign languages ??and it is difficult to ask the victim for information. Efforts to overcome obstacles in investigating criminal acts of sexual abuse involving foreign citizens from Pakistan against children at the West Sumatra Regional Police (police report number: LP/B/446/XII/2021/SPKT/West Sumatra Regional Police) include increasing the number of personnel, conducting a review of case files, bringing in language translators from the cultural language section at Andalas University and approaching children as victims.
PERCERAIAN YANG DISEBABKAN SALAH SATU PASANGAN PINDAH AGAMA DI PENGADILAN NEGERI BANDUNG Wiwin Putra, Joni Zulhendra dan
Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v12i1.1037

Abstract

Marriage cannot be separated from the religious aspect, especially when the Marriage Law emphasizes the importance of the religious aspect in the conditions for the validity of a marriage as regulated in Article 2 paragraph (1) "Marriage is valid, if it is carried out according to the laws of each respective religion and belief", it was emphasized by MUI fatwa Number 4/MUNAS/VII/- MUI/8/2005 that Muslim women are prohibited from marrying non-Muslim men or Muslim men are prohibited from marrying women from people of the book, in the Bandung District Court Decision Number: 87/Pdt. G/2020/PN.Bdg, there was a divorce case that was caused by one of the parties changing religion. The Judge's Consideration of Divorce Caused by One of the Spouses Changing Religion at the Bandung District Court (Study of Bandung District Court Decision Number: 87/Pdt.G/2020/PN.Bdg) is in the case where the Plaintiff has converted to Islam and insists on filing for divorce on the grounds that his new religion didn't allow it. In accordance with the Fatwa of the Indonesian Ulema Council Number 4/MUNAS VII/MUI/8/2005 concerning interfaith marriages, it is stipulated that interfaith marriages are haram and invalid. This is also based on the provisions of Article 19 of Government Regulation no. 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage and the frequent occurrence of continuous disputes, quarrels and fights due to differences of opinion and belief, the Legal Consequences of Divorce Caused by One of the Couples Changing Religions are the most important regarding the division of joint assets, maintenance and maintenance for the survival of their children, regarding child custody (hadhanah) and the settlement of their marital assets is resolved separately from the divorce suit they filed. The process of settling marital assets due to divorce is carried out according to the respective laws as intended in Article 37 of Law Number 1 of 1974 concerning Marriage.
Penerapan Restorative Justice Dalam Penyelesaian Perkara Tindak Pidana Pencurian Di Kejaksaaan Negeri Padang Jemmy, Marisa; Mahdianur, Mahdianur
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v11i2 November.993

Abstract

Restorative Justice is an approach that focuses more on conditions for creating justice and balance for perpetrators of criminal acts and the victims themselves. The Padang District Prosecutor's Office has implemented Restorative Justice in 2 cases of criminal theft, namely terminating the prosecution of cases under Article 362 of the Criminal Code. The formulation of the problem in this research is: First, how is Restorative Justice implemented in resolving criminal cases of theft at the Padang District Prosecutor's Office? Second, what are the obstacles to implementing Restorative Justice in resolving criminal cases of theft at the Padang District Prosecutor's Office? Third, what are the efforts to overcome the application of Restorative Justice in resolving criminal cases of theft at the Padang District Prosecutor's Office? The method used in this research is Sociological Juridical which is descriptive in nature while the data used is primary data and secondary data as well as data collection techniques using field studies, namely library studies, interviews and observations, which are processed using editing and coding processes, then analyzed qualitatively. . The results of the research obtained are that the implementation of Restorative Justice in the Padang District Prosecutor's Office based on Prosecutor's Regulation Number 15 of 2020 has been implemented, where in this implementation the Prosecutor's Office prioritizes restorative efforts in cases of attempted theft. The obstacle in implementing Restorative Justice in resolving criminal cases of theft at the Padang District Prosecutor's Office is the fairly short time duration. Efforts to overcome the application of Restorative Justice in resolving criminal cases of theft at the Padang District Prosecutor's Office are by establishing integrity facts, improving the quality of prosecutor personnel, avoiding violations that will be committed by prosecutors in handling criminal cases through a Restorative Justice approach in accordance with the values ??espoused by the institution. social and realizing community expectations for the creation of a professional, proportional and fair law enforcement process.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK WARGA BINAAN PEREMPUAN HAMIL DAN MELAHIRKAN DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIB PADANG Nadia Hilmy, Nurlinda Yenti dan
Normative Jurnal Ilmiah Hukum Vol 12 No 1 (2024): NORMATIVE JURNAL ILMU HUKUM
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Legal protection for pregnant and giving birth female inmates has not been specifically regulated in statutory regulations, but we can see this in Article 20 of Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Correctional Inmates. However, the implementation of these rights is limited by the availability of inadequate facilities and infrastructure as well as human resources. The formulation of the problem is how to legally protect the rights of inmates who are pregnant and giving birth, what are the obstacles in legal protection of the rights of inmates who are pregnant and giving birth and what are the efforts in legal protection of the rights of inmates who are pregnant and giving birth in women's prisons? Class IIB Padang. This research uses a sociological juridical approach. Discussion The results of the research show that legal protection for the rights of pregnant and giving birth female inmates based on Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Correctional Inmates has been implemented but is not yet optimal, because there are several obstacles. both internal and external constraints. The internal obstacles are the lack of quantity and quality of officers in implementing the rights of pregnant and giving birth inmates, inadequate facilities and infrastructure and limited budget or funds. Meanwhile, the external obstacle is the lack of community participation or support for inmates who have returned to society. Meanwhile, the efforts made are to improve the abilities or skills of prison officers through education and training, save budgets, sell the results of the skills of inmates and can carry out budget revisions and submit proposals for the fulfillment of facilities and infrastructure through preparing a plan for state property needs for. Meanwhile, external efforts include conducting outreach and providing understanding to the public regarding correctional institutions, especially regarding the existence of ex-convicts who need encouragement to return to society so that they do not repeat criminal acts again.
PENYIDIKAN TINDAK PIDANA PENCABULAN OLEH OKNUM GURU TERHADAP MURID SEKOLAH DASAR NEGERI 08 KAMPUNG BARU KEC. KUPITAN DI UNIT PERLINDUNGAN PEREMPUAN DAN ANAK (PPA) POLRES SIJUNJUNG (Studi kasus: LP /B/16/III/2023/SPKT/POLRES SIJUNJUNG) Nur’aini, FITRA OKTORINY dan
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (2024): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Investigation is a series of investigator's actions in terms and according to the methods regulated in this Law to search for and collect evidence and with that evidence to shed light on the criminal act that occurred in order to determine the suspect. Law Number 35 of 2014 concerning the protection of women and children is one of the foundations and guidelines for law enforcers when acts of violence, specifically child abuse, occur. The crime of sexual abuse is a form of crime that is handled by investigators or the police, which precisely occurred in the Sijunjung area, the perpetrator was a teacher who had the heart to molest his own students. The formulation of the problem in this research is how to investigate criminal acts of sexual abuse committed by unscrupulous teachers against students at State Elementary School 08 Kampung Baru District. Kupitan at the Sijunjung Police PPA unit in the case study LP/B/16/III/2023/SPKT/Sijunjung Police, what are the obstacles in investigating criminal acts of sexual abuse committed by unscrupulous State Primary School teachers?08 Kampung Baru District. Kupitan at the Sijunjung Police PPA unit in the case study LP/B/16/III/2023/SPKT/Sijunjung Police. What are the efforts to overcome obstacles in investigating criminal acts of sexual abuse that occurred at state elementary school 08 Kampung Baru, Kec, Kupitan, in the PPA unit of Sijunjung Police, case study LP/B/16/III/2023/SPKT/Sijunjung Police. The method used in this research is a sociological juridical approach. The method of processing data in this research is through editing and coding. The results of the research obtained by the author are that the case began with a report from the victim's parents to the Sijunjung Police, followed by investigation, investigation, arrest, search, detention, examination of witnesses, victims and perpetrators and finally making an investigation report ( BAP). Obstacles in carrying out investigations include difficulty in getting witnesses, difficulty in getting information from victims and inadequate supporting facilities. Efforts that can be given are increasing the role of the police in public awareness through counseling or socialization among the community about the importance of the role of witnesses related to criminal acts of sexual abuse against children and it is hoped that there will be cooperation with internal parties such as parents in investigating criminal acts of sexual abuse as well as improving facilities and infrastructure in each area. schools in the Sijunjung area.
PERTIMBANGAN HAKIM TERHADAP PERMOHONAN WALI IZIN JUAL TANAH HARTA BAWAAN ISTRI UNTUK BIAYA PENDIDIKAN ANAK DI PENGADILAN NEGERI PADANG KELAS IA (Studi Penetapan Nomor 292/Pdt.P/2022/PN.Pdg) Lidya, Abd. Rahmad dan
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (2024): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In general, a child is someone who is not yet an adult or unmarried, a child who is under age cannot automatically carry out legal actions. The legal actions of minors are under the authority of the guardian. Article 394 of the Civil Code explains that the Court will only grant permission for the actions of parents or guardians in selling property if the District Court considers it. According to KHI Article 87 Paragraph (1), the property inherited by each husband and wife, property obtained as a gift or inheritance, is under their respective control as long as the parties do not specify otherwise in the marriage agreement. To sell land with the condition that parents act as guardians, you must apply for guardianship and apply for a permit to sell land assets to minor children in the District Court. The formulation of the problem in this research is how the judge considers the guardian's request for permission to sell the wife's inherited land for children's education costs at the Padang Class 1A District Court and what is the juridical analysis of the guardian's request for permission to sell the wife's inherited land for children's education expenses at the Padang District Court Class 1A. The research method used is normative juridical, while the nature of the research is descriptive. Data collection techniques through library research and document study are then processed through editing and coding and analyzed qualitatively. The results of the research can be concluded that the Guardian's Application for Permission to Sell Land belonging to his wife for Children's Education Fees. The Petitioner intends to sell or transfer land rights for the purpose of educating 3 (three) children because the applicant's children are still under age and are not yet competent to carry out actions. the law means that the applicant is appointed as the guardian of the applicant's minor children. The judge's consideration of the guardian's request for permission to sell land belonging to his wife to pay for the child's education must notify and obtain permission from the family of the late Sitti Hutari Mulyani, because the land is the inherited property of the late Sitti Hutari Mulyani, according to the judge who heard the applicant's a quo application must be rejected.

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