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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 PASAL 116 UNDANG-UNDANG NOMOR 51 TAHUN 2009 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 5 TAHUN 1986 TENTANG PERADILAN TATA USAHA NEGARA DARI PERSPEKTIF TEORI PERUNDANG-UNDANGAN Riza, Dola
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (2024): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Article 116 of the State Administrative Court Law regulates the implementation of decisions of the State Administrative Court. In the event of a delay in the implementation (execution) of a court decision, in procedural law the State Administrative Court acting as the executor is the relevant state administrative agency or official. The implementation of decisions based on the legal awareness of state administrative officials results in many State Administrative Court decisions being disobeyed or not implemented by state administrative officials which can cause material and immaterial losses for the plaintiff. The formulation of the problem in this scientific work is how is the analysis of article 116 of law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative justice from the perspective of statutory theory? The method used is normative research. The result of the discussion is that Article 116 Paragraph (3), Paragraph (4) and Paragraph (6) of the State Administrative Court Law does not expressly state a time limit for State Administrative Bodies or Officials to provide a decision (beschikking) in implementing the decision of the State Administrative Court.
PERLAKUAN KHUSUS TERHADAP NARAPIDANA LANJUT USIA BIDANG KESEHATAN PADA LEMBAGA PEMASYARAKATAN Okfa Amin Wendra, Marisa Jemmy 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

Prisoners in correctional institutions not only consist of young and adult detainees and convicts, but also elderly people. In Article 2 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 32 of 2018 concerning Treatment of Prisoners and Elderly Prisoners, it is stated that special treatment for elderly prisoners or convicts aims to meet the needs of elderly prisoners or convicts so that they can maintain their physical, mental and social abilities. Special Treatment is an effort aimed at providing easy services to help the elderly recover and develop themselves in order to increase their level of social welfare. The formulation of the problem in this research is: first, how is special treatment implemented for elderly prisoners in the health sector in correctional institutions and second, what are the obstacles in implementing special treatment for elderly prisoners in the health sector in correctional institutions. 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. In reality, the implementation of special treatment in the health sector for elderly prisoners at the Class IIB Solok Correctional Institution has not been implemented well, such as a shortage of medical personnel, the absence of nutritionists and dietitians, a lack of daily equipment, and separate special residential rooms.
AKIBAT HUKUM PERNIKAHAN SIRI PERSPEKTIF HUKUM ISLAM Dwikornida, Joni Zulhendra 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

This article aims to a secret marriage or an unregistered marriage, whether a single marriage or polygamy, is an invalid marriage before positive law. This occurs due to a lack of legal understanding and minimal legal awareness from some people about the importance of registering their marriage. In addition, the conclusion we draw from the factors underlying the occurrence of a secret marriage itself is the high cost of marriage, obstacles during the study period, and a lack of education and understanding of religious teachings. The legal impacts that can arise from a secret marriage include; can cause conflict in the family, for example because it is not approved, interfaith marriage, polygamy and so on, economic and educational impacts, this is usually done by students, the legal impact is that a secret marriage is a violation of the law, social and psychological problems and impacts on religion, for example a secret marriage carried out by a cleric or kyai
PENYIDIKAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH SUAMI TERHADAP ISTRI DI WILAYAH HUKUM POLRESTA PADANG Studi kasus: LP/601/IX/2023/SPKT/POLRESTA PADANG ) Rahmatul Fajri Putri, Nurlinda yenti 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

Article 1 of Law Number 23 of 2004 concerning the elimination of domestic violence, states that every act against someone, especially women, which results in physical, sexual misery and/or domestic neglect, including threats to commit acts, or deprivation of liberty is against the law in household sphere. The formulation of the problem in this research is: How is the investigation of criminal acts of domestic violence at Padang Police: LP/B/601/IX/2023 SPKT/Padang Police? . What are the obstacles in investigating criminal acts of domestic violence at the Padang Police LP/B/601/IX/2023 SPKT/Padang Police? How are efforts to overcome obstacles in investigating criminal acts of domestic violence LP/B/601/IX/2023/SPKT Padang Police? The problem approach used is a sociological juridical approach, namely looking at the facts in the field and linking them to applicable law. The results of this research are the implementation of investigations into criminal acts of domestic violence committed by husbands against wives in the jurisdiction of the Padang Police LP/B/601/IX/2023/SPKT Padang Police). The results of the research were a report from the victim to the PPA Unit of the Padang Police, after which the police carried out an investigation by investigators, then continued with the investigation, after finding the perpetrator the investigators made an arrest, then investigators carried out a search, confiscation and detention at the Padang Police for 20 days from 11 September to 01 October 2023, then investigators carried out examinations of the suspects until the case files were handed over to the prosecutor's office. Obstacles in investigating criminal acts of domestic violence committed by husbands against wives in the jurisdiction of Padang Police LP/B/601/IX/2023/ SPKT/ Padang Police) are the lack of competent investigation personnel in the PPA Unit, not having a safe house for victim. The effort to overcome obstacles in investigating criminal acts of domestic violence committed by husbands against wives in the jurisdiction of the Padang Police LP/B/601/IX/2023/SPKT Padang Police) is to propose additional personnel, entrusting them to the victim's parents' house.
PENANGGUHAN EKSEKUSI TERHADAP PERKARA KASASI NOMOR 517 K/PDT/2022 KARENA ADANYA UPAYA PENINJAUAN KEMBALI PADA MAHKAMAH AGUNG REPUBLIK INDONESIA Mesi Arianti, YUNIMAR dan
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (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.v12i2.1108

Abstract

Legal remedies for a request for judicial review in principle do not suspend the implementation of the decision. Article 66 paragraph (2) of Law Number 14 of 1985 concerning the Supreme Court states "A request for review does not suspend or stop the implementation of a court decision", the principle regulated in this article is that the implementation of a court decision does not allow exceptions (uitzondering) to a decision or particular case. In the case that the author researched, namely cassation case number 517/K/Pdt/2020, the Chairman of the Padang Panjang Class II District Court postponed the execution on the grounds that there was a Request for Judicial Review submitted by the respondent to the execution. The problem formulation in this journal is: 1. What are the considerations of the Chairman of the Padang Panjang Class II District Court in determining the suspension of execution in cassation case No. 517/K/Pdt/2020 due to the Judicial Review efforts at the Class II District Court of Padang Panjang, 2. What is the legal analysis of the considerations of the Chairman of the Class II District Court of Padang Panjang in determining the suspension of execution for cassation case No. 517 K/Pdt/2022 due to a review effort at the Padang Panjang Class II District Court. The author conducted research using a normative juridical approach, the nature of the research is descriptive. Data collection techniques through literature study are then processed through editing and coding processes and analyzed qualitatively.
PERTIMBANGAN HAKIM MENJATUHKAN PUTUSAN TIDAK DAPAT DITERIMA (NIET ONTVANKELIJKE VERKLAARD) DALAM PERKARA WANPRESTASI DI PENGADILAN NEGERI PADANG KELAS 1A (Studi Putusan Perkara No. 92/Pdt.G/2023/PN PDG) Bambang Hermanto, Abd. Rahmad dan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In the civil law system, a civil lawsuit can be filed by a party who feels aggrieved by an act committed by another party. The lawsuit filed by the plaintiff named Nova Sikma Yenti to the Padang District Court alleges an unlawful act for the defendant's installation of a banner that reads "for sale" on the object of the case, but the Defendant in his exception explained that the legal relationship between the plaintiff and the defendant is a credit legal relationship with the number PK.011/NG//KPR-MG/07-2018 dated July 30, 2018. With a bad credit status, the defendant auctioned the object of the a quo case to return the plaintiff's remaining debt. The research method used in this study is normative juridical, namely an approach carried out by studying laws and regulations. The results of this study indicate that, the Padang District Court Decision in its decision stated that the plaintiff's lawsuit was unacceptable (niet ontvankelijke verklaard) because when the panel of judges conducted a local inspection, a banner was found which was actually admitted to being installed by the plaintiff even though they still argued that the defendant had previously installed the banner. because there is a discrepancy between the plaintiff's argument and what was found by the panel of judges. As emphasized in the Supreme Court Jurisprudence Number: 1112.K/Sip/1967 stating that a claim that is not in accordance with the legal event (rechtfeiten) which should be the basis for the lawsuit, then such a claim must be declared unacceptable"
PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I JENIS SABU DIWILAYAH HUKUM POLRES SOLOK SELATAN (Studi No Lp/172/A/XII/2022/SPKT) Lili Sundari, Nurlinda yenti dan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Narcotics are a type of drug/substance used in the world of medicine, but if used without restrictions and careful supervision, it can cause dependence and endanger health to the point of destroying the user's soul. The implementation of the investigation into drug abuse carried out by the South Solok Police Investigators did not run smoothly and experienced several obstacles. The problems discussed. The approach used is a descriptive sociological juridical approach that presents data in accordance with the facts systematically and logically according to the research objectives. The results of the study can be concluded with the following problems:1. There is a report from the community and witnesses are examined, then the suspect is arrested and after sufficient evidence is obtained and the suspect is detained and evidence is confiscated, and the suspect is examined and a report is made and handed over to the public prosecutor. 2. The obstacles faced by investigators are the occurrence of mistaken arrests of suspects, lack of facilities and infrastructure, Suspects are difficult to find because suspects make transactions by moving from place to place, making it difficult for investigators to find suspects. 3. Efforts to overcome obstacles in the investigation are that investigators must be more observant and careful in the arrest process so that there is no mistake in mistakenly arresting suspects with other members of the public, The second way is that the South Solok Police must improve the facilities and infrastructure to conduct investigations, and in overcoming the lack of facilities used by investigators to find other ways, namely by using local community vehicles to continue the arrest, and to overcome the occurrence of mistaken arrests of suspects, namely by dividing groups and scattering in the search for the suspect.
POLITIK HUKUM EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA MEITA LEFI KURNIA, DOLA RIZA dan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The problem of implementing the decision of the State Administrative Court is that the mechanism for how the decision must be implemented in accordance with the expectations of seekers of legal justice in Indonesia has not been found. The type of research conducted is normative research. The writing of this scientific paper uses primary, secondary and tertiary legal sources. The problem of this legal research is how is the legal policy of executing the decision of the State Administrative Court? The conclusion of this paper is that the legal policy of executing the decision of the State Administrative Court can be carried out by forming a new law or by replacing the old law. With the many weaknesses in the current applicable law and the absence of implementing regulations to overcome the weaknesses of the existing law, the legal policy that can be carried out is to form government regulations on the mechanism and procedures for executing the decision of the State Administrative Court.
Penangguhan Eksekusi Terhadap Perkaran Kasasi Nomor 517 K/PDT/2022 Karena Adanya Uoaya Peninjauan Kembali Pada Mahkamah Agung Republik Indonesia Yunimar, Yunimar; Arianti, Mesi
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v13i1.1158

Abstract

Legal remedies for a request for judicial review in principle do not suspend the implementation of the decision. Article 66 paragraph (2) of Law Number 14 of 1985 concerning the Supreme Court states "A request for review does not suspend or stop the implementation of a court decision", the principle regulated in this article is that the implementation of a court decision does not allow exceptions (uitzondering) to a decision or particular case. In the case that the author researched, namely cassation case number 517/K/Pdt/2020, the Chairman of the Padang Panjang Class II District Court postponed the execution on the grounds that there was a Request for Judicial Review submitted by the respondent to the execution. The problem formulation in this journal is: 1. What are the considerations of the Chairman of the Padang Panjang Class II District Court in determining the suspension of execution in cassation case No. 517/K/Pdt/2020 due to the Judicial Review efforts at the Class II District Court of Padang Panjang, 2. What is the legal analysis of the considerations of the Chairman of the Class II District Court of Padang Panjang in determining the suspension of execution for cassation case No. 517 K/Pdt/2022 due to a review effort at the Padang Panjang Class II District Court. The author conducted research using a normative juridical approach, the nature of the research is descriptive. Data collection techniques through literature study are then processed through editing and coding processes and analyzed qualitatively.
UPAYA PENANGGULANGAN PEMBAKARAN LAHAN DI KAWASAN KESELAMATAN OPERASI PENERBANGAN OLEH UNIT ARFF (AIRPORT RESCUE AND FIRE FIGHTING) PT ANGKASA PURA INDONESIA BANDAR UDARA INTERNASIONAL MINANGKABAU tommy pratama, FITRA OKTORINY dan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The prohibition of land burning activities in the flight safety operation area (KKOP) of Minangkabau International Airport (BIM) West Sumatra has been expressly stated in international and national regulations, in international regulations it is regulated in Annex XIV concerning Aerodrome and national regulations prohibition and sanctions are regulated in Law No. 1 of 2009 concerning Aviation. The impact of this land burning has an impact on disrupting flight operational activities and causing material losses for airport managers and airlines as well as inconvenience for airport service users, but until now land burning activities are still ongoing. The formulation of the problem is How are the efforts, obstacles and ways to overcome obstacles in dealing with land burning in the flight safety operation area (KKOP) by the ARFF (Airport Rescue and Fire Fighting) unit of PT Angkasa Pura Indonesia Minangkabau International Airport, West Sumatra?The problem approach used is sociological juridical, meaning that researchers will study the applicable positive rules, then connect them with the reality or implementation that occurs in the field. The nature of this research is descriptive, meaning that it presents data in accordance with the facts in the field systematically and logically. The results of the study on efforts to overcome land burning in the flight safety operation area by the ARFF (Airport Rescue and Fire Fighting) unit of PT Angkasa Pura Indonesia Minangkabau International Airport are with non-penal efforts as follows: Patrol supervision and prevention of fire hazards by the ARFF unit, direct appeal to the community around the airport, socialization and understanding to the community regarding the impact and legal sanctions for land burning activities in the airport KKOP area and carrying out criminal efforts for perpetrators of land burning in the airport KKOP area, The obstacles faced are the social and economic conditions of the community, Lack of public understanding of the impact and legal sanctions for burning land in the BIM airport flight safety operation area (KKOP), Lack of active role from Government Agencies and the absence of criminal law sanctions for perpetrators of land burning around BIM airport. Efforts to overcome these obstacles are Improving the social and economic conditions of the community through the Corporate Social Responsibility (CSR) program, implementing socialization to the community regarding the prohibition and legal sanctions for land burning activities in the BIM airport flight safety operation area (KKOP) on a scheduled basis, and encouraging the application of criminal sanctions for perpetrators of land burning in the BIM flight safety operation area (KKOP).

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