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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 144 Documents
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Pertimbangan Hakim Dalam Menjatuhkan Putusan Perkara Perjanjian Pinjam Pakai Tanah Pusako Tinggi Yang Belum Bersertifikat (Studi Putusan Perkara Nomor 34/Pdt.G/2021/PN.Pdg) Mardius, Mardius; Suci, Messi Veryani
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.v13i1.1159

Abstract

Article 1754 of the Civil Code loan agreement is an agreement by which one party gives to another party, The purpose of the study is 1) To determine the Judge's Consideration in making a decision on a loan agreement for high-ranking land that has not been certified in Case Decision Number 34.Pdt.G/2021/PN.Pdg. 2) To determine the Analysis of Case Decision Number 34/Pdt.G/2021/PN.Pdg in making a decision on a loan agreement for high-ranking land that has not been certified. The benefits of the study are theoretical and practical benefits. The research method is normative law and the data source is secondary data. Data collection techniques are document studies and literature studies. Data processing is editing and coding. The analysis technique is qualitative. The results of the study, first: The Judge's consideration in resolving land disputes in the decision of case Number 34/Pdt.G/2021/PN.Pdg can be concluded that because it has been legally and proven that Defendants A and B without permission from the Plaintiff built a house with a total of 23 units and 4 graves on the Defendant's Pusako Land and Defendants A and B could not prove their answers, then in the opinion of the Panel of Judges, Defendants A and B's exceptions were rejected in their entirety. Analysis of the Decision of Case Number 34/Pdt.G/2021/PN. Pdg in passing a decision on the case of a loan agreement for high pusako land that has not been certified, namely that the decision has legal force and is binding on both parties.
PENEGAKAN HUKUM TERHADAP PEDAGANG KAKI LIMA DI KAWASAN PANTAI PADANG BERDASARKAN PASAL 8 PERATURAN DAERAH NO 11 TAHUN 2005 TENTANG KETERTIBAN UMUM DAN KETENTRAMAN MASYARAKAT BOIZIARDI, MEITA LEFI KURNIA 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

Street vendors can be defined as traders who do not have a permanent or fixed business location. The existence of street vendors in the Padang coastal area, which is located in a densely urbanized area in the West Padang sub-district stretching from the Purus area to the Batang Arau estuary, West Sumatra. It is a serious problem for the Padang city government, this is because it can disrupt the order and comfort of road users and even cause congestion that affects the comfort of visitors and damages the beauty of the beach as one of the leading tourist attractions in Padang City. The problems discussed in this study are 1) How is the law enforcement against street vendors in the Padang coastal area who violate Regional Regulation No. 11 of 2005. The research method used is the Sociological research method, this type of research studies the law as an independent variable / cause that causes influence and consequences on various aspects of social life. This research is descriptive, namely, research that attempts to explain or describe a phenomenon. Data processing used is editing, coding and tabulating. The results of this study indicate that law enforcement carried out by the Public Order Agency (Satpol PP) involves confiscating carts, tables, and chairs from vendors who persist in operating in prohibited areas.
SANKSI ADAT TERHADAP ANGGOTA KAN YANG MENGUASAI TANAH ULAYAT NAGARI TANPA HAK DI NAGARI SIRUKAM KECAMATAN PAYUNG SEKAKI KABUPATEN SOLOK Indah Widyawati, Joni Zulhendra 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

Customary sanctions against members of the KAN (Nagari Customary Council) Sirukam who illegally control communal land in Nagari Sirukam, Payung Sekaki District, Solok Regency: Land that was considered property rights is returned to nagari land, and the physical ownership letter is revoked and declared invalid. Members of the Nagari Customary Council (KAN) are dismissed and an Interim Replacement (PAW) is proposed. They are dismissed from their positions as niniak mamak and returned to their respective tribes. They are not permitted to bring sahilie samudiak into the nagari until they have paid a fine. Finally, they are ostracized from the Nagari Sirukami customary environment. The process of imposing customary sanctions on members of the KAN (Nagari Customary Council) who illegally control communal land in Nagari Sirukam, Payung Sekaki District, Solok Regency: Members of the Nagari Customary Council (KAN) who illegally control communal land are summoned for questioning at the customary hall
PEMENUHAN HAK PEMBEBASAN BERSYARAT NARAPIDANA PEREMPUAN DALAM PERSPEKTIF UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN Gessia Ferandha, Marisa Jemmy 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 correctional system in Indonesia is a subsystem of the criminal justice system that serves to rehabilitate, protect, and facilitate the reintegration of prisoners so that they can return to society as responsible citizens. One of the rights stipulated in Law Number 22 of 2022 on Corrections is conditional release, which allows inmates to serve the remainder of their sentence outside correctional facilities under the supervision of correctional authorities. The research questions in this study are: First, how is the fulfillment of the right to conditional release for female inmates addressed under Law No. 22 of 2022 on Corrections? Second, what are the challenges in fulfilling the right to conditional release for female inmates under Law No. 22 of 2022 on Corrections? Third, what efforts can be made to overcome the challenges in fulfilling the conditional release rights of female prisoners from the perspective of Law Number 22 of 2022 on Corrections? The method used in this study is a normative legal approach with a regulatory and conceptual approach, using secondary data obtained through document analysis conducted qualitatively. The results of this study indicate that the fulfillment of conditional release rights is in accordance with the provisions of Law Number 22 of 2022, but in practice, it still faces several obstacles such as administrative delays, lack of guarantors, incomplete court documents, and overcrowding in correctional institutions. Efforts to address these challenges include strengthening coordination between correctional institutions, optimizing administrative services, disseminating regulations to inmates and their families, and enhancing the role of the community in accepting the reintegration of inmates. Thus, conditional release is not only a legal right but also a tool for social rehabilitation in line with the objectives of the Correctional System.
PERANAN PPAT DALAM PENDAFTARAAN TANAH ULAYAT MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH Dwikornida, Yevendri 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

Land has a very important meaning and role for human life, because everyone needs land during their life until they die and considering the structure of life and the economic pattern of the majority of which is still agrarian and as a country with an agrarian system, land is a very suitable and complex livelihood for each person to achieve prosperity in various fields, where the land itself is also the basic capital in the development of a nation and its benefits must be managed as well as possible including customary land, namely rights that are inherent as a special competence in customary law communities, in the form of authority/power to manage and regulate land and its contents with internal and external validity. In connection with the ownership of rights to customary land, UUPA regulates land registration which aims to provide legal certainty as regulated in Article 19 which reads, "To guarantee legal certainty, the Government shall carry out land registration throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations". The Government Regulation in question is Government Regulation No. 24 of 1997 concerning Land Registration. In Article 37 number (1) of Government Regulation No. Law No. 24 of 1997 concerning Land Registration states: "The transfer of land rights and ownership rights to apartment units through sale, exchange, gift, investment in a company, and other legal acts of transfer of rights, except for transfer of rights through auction, may only be registered if granted by a deed drawn up by an authorized Land Deed Official (PPAT) in accordance with applicable laws." According to Article 1, number 24 of Government Regulation No. 24 of 1997 concerning Land Registration, a Land Deed Official (PPAT), hereinafter referred to as PPAT, is a public official authorized to draw up certain land deeds. Given the importance of PPAT, it is fundamentally closely related to legal acts concerning land rights. To prove legal acts concerning land rights, an authentic deed is required. A public official is someone who carries out some of the public functions of the state, particularly in the field of civil law. The public official referred to above is the PPAT.
Analisis Putusan Mahkamah Konstitusi Nomor 62/PUU- XXII/2024 Tentang Penghapusan Presidential Threshold Puspita, Lona; Pramana, Raditya
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The Presidential Threshold is the minimum threshold for the percentage of seats obtained in the House of Representatives (DPR) or the percentage of national valid votes that must be met by political parties to be able to propose presidential and vice-presidential candidates. This provision was first implemented in the 2004 Election and was later regulated in Article 222 of the Election Law Number 7 of 2017. This rule is considered to limit democracy and reduce the constitutional rights of political parties and citizens, thus giving rise to debate regarding its suitability with the principle of popular sovereignty in the 1945 Constitution. The problems studied include 1) How are the judges' considerations in the Constitutional Court decision Number 62/PUU-XXII/2024 concerning the Abolition of the Presidential Threshold. 2) What is the legal impact of the decision on the election system in Indonesia. This study aims to determine the judges' considerations in the Constitutional Court decision Number 62/PUU-XXII/2024 concerning the Abolition of the Presidential Threshold and how the decision impacts the election system in Indonesia. The results of this study indicate that: 1) The Constitutional Court considers the Presidential Threshold to be discriminatory, reduces the openness of political competition, and contradicts the principles of morality, rationality, and constitutional justice. This decision marks an important milestone after similar requests were repeatedly rejected. 2) As a result, all political parties can now nominate presidential and vice-presidential candidates without a threshold, although it has the potential to create many candidate pairs and vote fragmentation. The increase in the number of presidential candidates has the potential to extend the election stages, increase the administrative burden on organizers, and increase the risk of political polarization in society.
Pertimbangan Hakim Dalam Menjatuhkan Putusan Tindak Pidana Promosi Judi Online Melalui Media Sosial (Studi Putusan Nomor 498/Pid.Sus/2024/Pn Pdg) Jemmy, Marisa; Azizi, Ad
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The advancement of information technology in the digital era not only brings positive impacts but also creates opportunities for technology-based crimes (cybercrime), one of which is the promotion of online gambling through social media. Online gambling has rapidly developed due to massive promotions on digital platforms, thus requiring firm and effective law enforcement. This phenomenon is reflected in Decision Number 498/Pid.Sus/2024/PN Pdg, in which the defendant was proven to have promoted an online gambling site through clothing attributes worn in a video uploaded on the TikTok social media platform. The problems examined in this study are as follows: first, how were the judge’s considerations in deciding the criminal case of online gambling promotion through social media in Decision Number 498/Pid.Sus/2024/PN Pdg; and second, how was the evidentiary process applied in proving the criminal act of online gambling promotion through social media in the said decision. This research employs a normative legal research method with a descriptive nature, using library research as the data collection technique. The collected data were processed through editing and coding techniques and analyzed qualitatively. The results of the study indicate that the evidentiary system applied in Decision Number 498/Pid.Sus/2024/PN Pdg is the negative statutory proof system (negative wettelijk).The court found that the defendant was lawfully and convincingly proven to have committed the criminal act by fulfilling the elements of Article 45 paragraph (3) in conjunction with Article 27 paragraph (2) of Law Number 1 of 2024. The judge’s considerations were based on juridical, philosophical, and sociological aspects, including the defendant’s cooperative attitude and expression of remorse. However, the imposed sentence is considered disproportionate and insufficient to create a deterrent effect, as it is significantly lighter than the statutory provisions and the public prosecutor’s demands.
Penyidikan Terhadap Anak Pelaku Tindak Pidana Perundungan (Bullying) Di SDN 10 Durian Jantung Padang Pariaman (Studi Kasus: Lp/B/70/V/2024/Spkt/Polres Pariaman/Polda Sumbar) Yenti, Nurlinda; Waruwu, Ester
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

An investigation is a series of actions by investigators, in accordance with the procedures stipulated in this Law, to seek and collect evidence and identify suspects.The problem formulation is: How is the investigation of children as perpetrators of bullying at SDN 10 Durian Jantung? What are the obstacles to the investigation of children as perpetrators of bullying at SDN 10 Durian Jantung? How are obstacles to the investigation of children as perpetrators of bullying at SDN 10 Durian Jantung? This research method uses a sociological legal approach with a descriptive nature. The types and sources of data use primary and secondary data. Primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques use document studies and interviews. Data processing uses editing and coding, and data analysis uses qualitative methods.The results of this study are: The reported party or child in conflict with the law (ABH) cannot be arrested, searched, detained, or questioned because they are still 10 years old. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System states that children who can be held criminally responsible are those aged 12 but under 18.Children under 12 years of age were returned to their parents.The investigation encountered obstacles, including the failure to find evidence, as the gasoline bottle caught fire. Efforts to overcome these obstacles included investigators incorporating the missing evidence into the search and shifting to gathering other evidence by interviewing witnesses, which was deemed more strategic and easier, to allow the investigation to continue.
Konstitusionalisme, Konstitusi Islam dan Perkembangan Konstitusi Indonesia AS, Boiziardi
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The studies in this research are Constitutionalism, the Islamic Constitution and the Development of the Indonesian Constitution. This research uses normative juridical research. The results of this research explain the philosophical meaning of this understanding of constitutionalism, First, power must be limited, Second, the exercise of power is carried out based on a general agreement which is crystallized in the constitution, and Third, the exercise of power always requires accountability within the framework of the constitution. In the Islamic world, the Medina Charter is known as the constitution for state life. Indonesia has experienced various changes in the constitution.
Analisis Putusan Pengadilan Negeri Muaro Yang Membatalkan Putusan Badan Penyelesaian Sengketa Konsumen Terhadap Perjanjian Pembiayaan (Studi Putusan Nomor: 4/Pdt.Sus-Bpsk/2024/Pn Mrj) Ananta Fadhilah, Yunimar ,
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The Consumer Dispute Settlement Agency (Badan Penyelesaian Sengketa Konsumen/BPSK) is an institution established to protect consumer rights and provide an alternative mechanism for resolving disputes between consumers and business actors. However, in practice, parties often raise objections to BPSK decisions and subsequently file annulment claims before the District Court. This issue is reflected in the Supreme Court Decision of the Republic of Indonesia Number 27 K/Pdt.Sus/2013 dated March 26, 2013, which establishes the legal principle that disputes arising from financing agreements, whether secured by mortgage rights or fiduciary guarantees, are not subject to the Consumer Protection Law and therefore fall outside the authority of BPSK. The research questions addressed in this study are: First, what were the legal considerations of the Muaro District Court judges in annulling the BPSK decision concerning a financing agreement as reflected in Decision Number 4/Pdt.Sus-BPSK/2024/PN Mrj? Second, how can the Muaro District Court decision annulling the BPSK ruling in the same case be analyzed from a legal perspective? This research employs a normative juridical approach by examining legal doctrines, principles, statutory regulations, and court decisions. The data were processed through editing and coding techniques and analyzed qualitatively. The results of the study indicate that the Muaro District Court judges considered the dispute arising from the financing agreement as a case of breach of contract (wanprestasi), which falls under the absolute jurisdiction of the District Court rather than BPSK. Furthermore, the juridical analysis shows that the annulment of the BPSK decision was legally justified and consistent with Supreme Court Regulation (PERMA) Number 1 of 2006, Article 45 paragraph (2) of Law Number 8 of 1999 on Consumer Protection, and Supreme Court jurisprudence regarding the limits of BPSK’s authority. Therefore, it is recommended that BPSK carry out its duties strictly in accordance with applicable regulations, while the public is encouraged to better understand the legal framework governing consumer dispute resolution to ensure legal certainty, justice, and societal welfare.

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