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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 161 Documents
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Penyidikan Tindak Pidana Penyalahgunaan Narkotika Golongan I Jenis Sabu Diwilayah Hukum Polres Solok Selatan (Studi No Lp/172/A/XII/2022/SPKT) NURLINDA YENTI;  Lili Sundari 
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: 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 Dola Riza; Meita Lefi Kurnia
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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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.
Efektivitas Pelayanan Pembayaran Pajak Kendaraan Bermotor Berbasis Aplikasi Samsat Digital Nasional (Signal) Di Samsat Kota Padang Meita Lefi Kurnia; Dola Riza; dwi Sutanto
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Providing high-quality and superior public services is fundamental to the socioeconomic progress of society. SIGNAL, an innovation from the Indonesian National Police Traffic Corps (Korlantas Polri) for digital-based vehicle tax (PKB) payments, aims to improve PKB payment services, making them more modern, secure, and accessible. Regulation of the Republic of Indonesia National Police number 7 of 2021 concerning Registration and Identification of Motor Vehicles, article 61 states “Validation of STNK can be done: Manually on Samsat services; or Electronically on Samsat Online services. Based on these problems, this study examines How effective is PKB payments using the SIGNAL application based on aspects of convenience, speed and accuracy at Samsat Padang City?, what factors are driving and inhibiting the effectiveness of PKB payments through the SIGNAL application on compliance ofmotor vehicle taxpayers at Samsat Padang City? This study uses a research method with a descriptive empirical juridical approach, Data collection through library studies, interviews and observations, data processing using editing, coding and tabulating techniques. The results of the study show that the effectiveness of motor vehicle tax payment services based on the SIGNAL application at Samsat Padang City is illustrated through a comparison of digital tax payments with manual tax payments, with a ratio of 1: 25 of the number of private vehicles making tax payments in 2025. The number of SIGNAL usage for motor vehicle tax payments continues to show an increasing number. Several factors The driving factors include the need for service efficiency and flexibility; cost transparency and ease of delivery; local government support, strong synergy, and extensive outreach. Inhibiting factors include identity verification, missing NIK data synchronization, and failed vehicle registration; the time lag between successful payment and delivery (TBPKP); and a gap in technological understanding.
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 Fitra Oktoriny; Tommy Pratama
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: 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).
Analisis Yuridis Putusan Perkara No. 36/Pdt.G/2023/PN Pdg Tentang Gugatan Parate Executie Hak Tanggungan Atas Dasar Wanprestasi Terhadap Debitur Maridus Maridus; Darwan Suryadi
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Banking is one of the economic sectors that is vital for economic growth, but banking is often faced with financial risks caused by high non-performing loans. In case Number: 36/Pdt.G/2023/PN Pdg explains that the creditor will conduct an auction of the Mortgage Right object to guarantee debt repayment. The problem started when the plaintiff neglected to fulfill his credit collectibility obligations, classified as a "bad" credit (collectibility 5). Defendant I has sent 3 (three) warning letters, but the Plaintiff still has not fulfilled his obligations. Defendant I stated that the Plaintiff has defaulted and will execute the collateral. The research method used in this research is normative juridical, namely an approach carried out by studying statutory regulations. The results of this study indicate that the Padang District Court's decision which rejected the Plaintiff's lawsuit shows that the creditor's right to carry out Parate Execution of collateral if the debtor is in default is protected by law. The rejection of the parate execution lawsuit indicates that the creditor's execution was deemed valid and in accordance with Article 6 of Law Number 4 of 1996. The party declared the loser in Decision Number 36/Pdt.G/2023/PN Pdg is advised to exercise caution in making agreements and to comply with agreed rights and obligations without sacrificing legal certainty.
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 Meita Lefi Kunia; Boiziardi AS; Fitri Ardi
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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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.
Pelaksanaan Peraturan Jaksa Agung Nomor Per-005/A/Ja/03/2013 Tentang Standar Operasional Prosedur Pengawalan Dan Pengamanan Tahanan Di Wilayah Hukum Kejaksaan Negeri Padang Marisa Jemmy; Eliza Octa Khairani
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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The escort and security of detainees is an important part of the law enforcement process, particularly at the prosecution and trial stages. To ensure the orderly implementation of these duties, the Attorney General has established Attorney General Regulation Number Per-005/A/JA/03/2013 concerning Standard Operating Procedures for Escorting and Securing Detainees. However, in practice, the implementation of this regulation still faces various obstacles, especially in work units with high caseloads and high numbers of detainees, such as the Padang District Attorney's Office. The problems examined in this research include: first, how is the implementation of Attorney General Regulation Number Per-005/A/JA/03/2013 concerning Standard Operating Procedures for Escorting and Securing Detainees in the jurisdiction of the Padang District Attorney's Office; second, what obstacles are faced in implementing this regulation; and third, what efforts are made to overcome these obstacles. In line with these problems, the purpose of this study is to determine and analyze the implementation of the Standard Operating Procedure (SOP) for escorting and securing prisoners, identify obstacles that arise in practice, and formulate efforts made by the Padang District Attorney's Office to optimize its implementation. This study uses a sociological juridical approach with a descriptive research nature. The data used consists of primary and secondary data. Primary data was obtained through direct interviews with authorized Padang District Attorney's Office officials involved in escorting and securing prisoners, while secondary data was obtained through a literature review of laws and regulations, official documents, and relevant legal literature. The collected data was then analyzed qualitatively using inductive reasoning. The results indicate that, normatively, the Padang District Attorney's Office has adopted Attorney General Regulation No. Per-005/A/JA/03/2013 as the primary guideline for implementing prisoner escort and security. However, empirically, its implementation has not been optimal. The main obstacles identified include the limited number of prisoner escort personnel, inadequate facilities and infrastructure such as prison vehicles, handcuffs, and prisoner uniforms, and the high number of prisoners required to be escorted each trial day. These conditions have the potential to increase the risk of security disturbances, including the possibility of prisoner escape. Efforts to address these obstacles include improving coordination with the police regarding escorts, implementing situational task allocations, and optimizing supervision during the trial process. Nevertheless, this study concludes that increased human resource support and infrastructure are needed to ensure the implementation of SOPs for prisoner escort and security and ensure a safe, orderly, and just trial
Analisis Putusan Sela Pengadilan Negeri Padang Kelas 1A Tentang Kompetensi Absolut Pengadilan Niaga (Putusan Sela : 54/Pdt.G/2024/PN Pdg) Yunimar Yunimar; Dwikornida Dwikornida; Yudha Mardinata
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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A valid agreement based on Article 1320 of the Civil Code requires agreement, competence, a specific object, and a lawful cause, binding the debtor to fulfill the performance with the general guarantee of Articles 1131-1132 of the Civil Code. If one party does not fulfill its performance, it is called a breach of contract. The settlement of the breach of contract can be done in court and out of court. Settlement in court, the judge sees whether the dispute is within his authority in terms of relative competence or absolute competence in adjudicating. Disputes that occur by business actors, the authority of the commercial court is to resolve them. A dispute resolved in the commercial court may not be sued back to the district court. In this regard, the Interim Decision Number 54/Pdt.G/2024/Pn Pdg of the district court, the Padang district court has decided that it is not within its authority to resolve the dispute. The formulation in this research is How is the consideration of the judge of the Padang District Court Class 1A Padang in the interim decision regarding the Absolute Competition of the Commercial Court (Interim Decision: 54/Pdt.G/2024/Pn Pdg)?, How is the analysis of the Interim Decision of the Padang District Court Class 1A Regarding the Absolute Competition of the Commercial Court (Interim Decision: 54/Pdt.G/2024/ Pn Pdg)? This research uses a descriptive juridical normative legal research method, the data required is secondary data with data collection through literature studies, data processing used in this research uses editing and coding techniques. The results of this study indicate that 1. The judge's consideration in the Interim Decision 54/Pdt.G/2024/PN Pdg which granted the exception of error in persona and absolute competence because the defendant had been bankrupt since March 13, 2024, so that the plaintiff was wrong to sue an individual instead of a curator, the dispute over default of the Sale and Purchase Deed No. 06/2022 entered the realm of the Commercial Court, so that the judge stated that the Padang District Court did not have the authority to handle the dispute of the bankrupt debtor according to Law Number 37 of 2004, 2. legally, the Interim Decision Number 54/Pdt.G/2024/PN Pdg stated that the Padang District Court did not have absolute authority over the dispute over default of the bankrupt debtor, because absolute authority lies with the Commercial Court based on Article 300 paragraph (1) of Law Number 37 of 2004, so that the judge is obliged to consider the main points of the dispute and the petitum as a whole, with resolution being through akkoord or settlement of bankrupt assets by the curator. Therefore, the author suggests that plaintiffs be more discerning in submitting lawsuits to the competent courts with both relative and absolute competence.
Pelaksanaan Denda Tilang Terhadap Anak Oleh Satlantas Polresta Padang Nurlinda Yenti; Rahmat Efendi
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Traffic violations committed by children that disrupt public welfare in the use of roads and transportation are common. Traffic violations are mostly committed by children in junior high and high school. The problem is how the Padang Police Traffic Unit applies traffic fines to children, what obstacles the Padang Police Unit experiences in applying traffic fines to children, and what are the solutions. The research method used is a descriptive sociological juridical method. The data used are primary and secondary data. The results of the study explain that the implementation of traffic fines begins when officers stop drivers suspected of being children. After a traffic stop, the Traffic Police will inspect documents such as a driver's license (SIM) or vehicle registration (STNK). If the vehicle is not in possession, the Traffic Police will temporarily impound the vehicle until the parents arrive, or the Traffic Police will issue a ticket directly, providing proof of the ticket. Challenges include a lack of legal awareness among children. One of the requirements is a driver's license (SIM). During ticketing, many drivers stop on the shoulder of the road and even make a U-turn to avoid inspections. Solutions include conducting traffic education programs in schools, participating in school activities, and conducting regular enforcement operations in schools. To mitigate these challenges, it is essential to educate schoolchildren about traffic regulations. Parents play a crucial role in their children's development, and therefore, parents should provide increased supervision.
Analisis Yuridis Keabsahan Perjanjian Kerja Sama Endorsement dalam Perspektif KUH Perdata Renti Astuti; Lona Puspita
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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The rapid shift toward a fully digital era has given rise to a form of product marketing collaboration that leverages social media platforms and content creators to promote goods or services through original content. While endorsements have evolved into a practical marketing strategy, the absence of specific regulations creates potential legal issues regarding their validity; thus, this study aims to analyze the forms, validity, and legal consequences of these arrangements—specifically through the lens of the requirements for a valid contract under civil law—to address the existing regulatory gap. Conducted as normative legal research employing statutory and conceptual approaches, the study gathered data via literature review and utilized descriptive analysis. The findings indicate that, under the Indonesian Civil Code, endorsement collaboration agreements are classified as "innominate contracts" (contracts not specifically named in the Code)—an implementation of the principle of freedom of contract within an open system—which give rise to specific rights and obligations. There is no requirement for such collaborations to be in writing to be legally binding; broadly speaking, endorsement agreements can take three primary forms—formal written, informal written, and oral—each offering varying degrees of legal certainty. An agreement is deemed valid if it meets the requirements set forth in Article 1320 of the Civil Code; however, these requirements cannot be interpreted or applied in a narrow or isolated manner, as they are interconnected and mutually influential.

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