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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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Analisis Yuridis Peran Amicus Curae Dalam Sengketa Hasil Pilpres Di Mahkamah Konstitusi (Studi Kasus : Perkara PHPU.PRES/XXII/2024) Lefi, Meita; Riza, Dola; Fepriana, Rani
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 dispute over the 2024 Presidential Election (Pilpres) results at the Constitutional Court (MK) has become a public spotlight, particularly with the emergence of the amicus curiae phenomenon, or "friend of the court." This study analyzes the legal role of amicus curiae in the context of the 2024 Presidential Election PHPU (Public Order Dispute Resolution) trial. Although already present in Indonesian legal practice, the involvement of amicus curiae on an unprecedented scale in this PHPU case is an interesting phenomenon to study. Using normative methods with a qualitative approach, this study analyzes trial documents, Constitutional Court decisions, as well as media coverage and official statements related to the submission of amicus curiae. The results show that the submission of 48 amicus curiae reflects high public participation and concern for the integrity of democracy and justice. However, the role of amicus curiae remains facilitative and not binding on the judges' decisions. Their presence serves as voices of public interest, provides additional legal and factual perspectives, and encourages judges' accountability in deciding crucial cases. This study concludes that the amicus curiae phenomenon in the 2024 Presidential PHPU sets an important precedent for increasing public participation in the oversight of constitutional judicial processes in Indonesia, while also highlighting the potential and challenges of amicus curiae arrangements in the future.
Perjanjian Pembiayaan Mobil Bekas Antara Konsumen Dengan Pt.Armada Finance Cabang Padang Rahmad, Abd; Fernanda, Deddy
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Consumer financing agreements are formed based on the principle of freedom of contract, which creates rights and obligations between financing companies as creditors and consumers as debtors. Such agreements are regulated under Article 1313 of the Indonesian Civil Code, which defines an agreement as a legal act whereby one or more persons bind themselves to one or more other persons. In practice, consumer financing agreements are widely applied in credit-based purchases of used motor vehicles, one of which is implemented by PT. Armada Finance Padang Branch, which provides used car financing facilities to the public. This research addresses three main issues: (1) the implementation of used car consumer financing agreements between consumers and PT. Armada Finance Padang Branch; (2) obstacles encountered in the implementation of such agreements; and (3) efforts undertaken to overcome these obstacles. The research method employed is a sociological juridical approach, with data collected through document studies and interviews. The results indicate that the implementation of the consumer financing agreement involves several stages, namely the application process, consumer survey, reporting and preparation of customer profiles, submission of proposals to the credit committee, credit decision-making, contractual binding, delivery of the used vehicle, installment payment period, payment monitoring or collection, and the retrieval of the Vehicle Ownership Certificate (BPKB). The main obstacles faced include delays in installment payments by consumers and unlawful actions by consumers who pledge or sell the financed vehicle to third parties without the consent of the financing company. Efforts to overcome these obstacles are carried out through the application of Collection Management or Account Receivable (A/R) Management, which serves as a systematic process to manage receivables in order to prevent and minimize potential losses arising from delayed consumer payments.
Perlindungan Hukum Terhadap Barang Konsumen (Bagasi Tercatat) Dalam Menggunakan Transportasi Udara (Studi Di Bandar Udara Internasional Minangkabau) MHD. Jeihan, Dwikornida,
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Law Number 1 of 2009 concerning Aviation stipulates that carriers are responsible for losses suffered by passengers if checked baggage is lost, destroyed, or damaged while in the carrier's possession. This research was conducted at Minangkabau International Airport, managed by PT Angkasa Pura Indonesia. The research questions are: (1) What is the form of legal protection for checked baggage according to Law Number 1 of 2009 concerning Aviation? and (2) What are the obstacles faced by airlines in implementing legal protection for checked baggage users and what are the solutions to these problems. The type of research used is normative legal research combined with an empirical approach. Normative research is conducted through literature studies of laws and regulations, documents, and legal literature, while empirical research is conducted through interviews with informants and respondents in the field. The results of the study indicate that the form of legal protection for checked baggage includes the issuance of baggage tags during the check-in process, monitoring of baggage movement routes with CCTV, the provision of Lost and Found Counters, and the provision of compensation in the form of cash or one-shot compensation in accordance with applicable legal provisions. However, the implementation still faces a number of obstacles, including economic factors, limited quality of human resources, machine damage, negligence of ground handling officers, and negligence of passengers in guarding or reporting baggage. Solutions taken by airlines include imposing strict sanctions in the form of dismissal of officers who violate, additional supervision through CCTV cameras, and settlement of claims in accordance with the Standard Operating Procedures for Handling Baggage Processing and Settlement of Baggage Irregularities issued by Angkasa Aviasi Servis. Based on these findings, it can be concluded that legal protection is still not optimal due to various obstacles, so that it is necessary to improve human resources, update technology, and improve the claim settlement mechanism so that legal protection can be realized optimally.
Perolehan Hak Guna Bangunan (HGB) Bersumber Dari Tanah Hak Milik Oleh PT. Harfhavi Mega Utama (Studi Di Kantor Notaris/PPAT Suhardi, SH, M.Kn) dri, Yeven
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Land issues are a crucial factor influencing development. Land issues arise not from a lack of adequate legislation, nor from a lack of human capacity to implement them, but rather from a lack of understanding and appreciation of the agrarian or land sector. Article 4 of Law Number 5 of 1960 concerning Basic Agrarian Principles states that: "Based on the state's right to control, various types of land rights are determined, which can be granted to and held either individually or jointly with other individuals and legal entities." These granted land rights authorize the individual to use it. Land use must be tailored to the circumstances and nature of the rights, so that it provides benefits for both the welfare and happiness of the people and the state. The land rights referred to are ownership rights, use rights, building rights, use rights, lease rights, land clearing rights, forest product collection rights, other rights not included in the rights mentioned above which will be determined by law as well as temporary rights as mentioned in Article 53 of the UUPA. Currently, land is widely allocated for housing. Such as the government's One Million Houses program through the Ministry of Public Works and Public Housing (PUPR) which encourages housing developers to provide decent housing for the community so that housing developers in areas throughout Indonesia will need sufficient land availability. PT Harfhavi Mega Utama which is domiciled in Agam Regency, West Sumatra Province is a housing developer that needs land for the construction of the Arumi Residence II Housing in Lubuk Basung Village, Lubuk Basung District, Agam Regency, West Sumatra Province. PT Harfhavi Mega Utama can obtain land originating from Building Use Rights (HGB). The acquisition of Building Use Rights (HGB) is stated in Article 36 Paragraph (1) of the UUPA, which states: Those who may have building use rights are: Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia.

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