Normative: Jurnal Ilmiah Hukum
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.
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<![CDATA[TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DIBAWAH UMUR DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK ]]>
<![CDATA[Sry Wahyuni, Yulia Risa dan Helfira Citra]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 5 No 2 November (2017): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[This study discusses the Crime of Intercourse against Children under Age Reviewed from Law Number 35 Year 2014. Some fundamental questions are asked to provide direction and focus on this research, namely first, how the judges consideration in deciding criminal cases of intercourse of minors and Second , has the contents of the court verdict sawahlunto reflects a sense of justice related to the decision of intercourse of minors. The study was conducted in Sawahlunto District Court with all its contexts in accordance with the information to be obtained. This research applies a kind of sociological juridical (empirical) research. The data obtained directly from the research site is the District Court Sawahlunto sourced from the existing Criminal Section in court Sawahlunto. In addition, documentation studies are also used to capture relevant data. This study aims to determine know judges' considerations in deciding cases of sexual intercourse against children and knowing the position of the content of the court decision sawahlunto reflects a sense of justice related to the decision of the case of intercourse against minors. The results of the research show that Judging from the above perpetrators' punishment is still less efficient for the perpetrators because the justice awaited by the victims of the family and the whole society is inefficient in their midst, does not mean the severe punishment desired by the public but the punishment according to the deed perpetrators and positive impact for the perpetrators jera.Para law enforcement should be able to look deeply about the rights of children, especially as victims who receive suffering that can not be forgotten. In law enforcement does not mean the perpetrator must be punished with the most severe laws but the appropriate punishment for the perpetrators to be able to cultivate the perpetrators not to repeat his actions in the future. Seeing the contents of the Sawahlunto District Court verdict granted to the defendant the panel of judges ruled prison for 7 (seven) years and a fine of 1 (one) billion rupiah. Still far from being fair to the victims, but compared to the previous cases we have seen and happened, this decision is good enough. It can even be an example of a progressive judge's attitude towards the protection of women's rights.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DI PENGADILAN NEGERI KELAS 1 A PADANG (Studi Putusan Nomor: 540/Pid.B/2020/PN Pdg) ]]>
<![CDATA[Nurlinda Yenti, Gema Jaya Mardika dan]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 9 No 2 November (2021): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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DOI: 10.31317/normative jurnal ilmah hukum.v9i2 November.725
<![CDATA[Judge's Consideration in Imposing Imprisonment Against Perpetrators of the Crime of Theft in Class 1 A Padang District Court In Decision Number: 540/Pid.B/2020/PN The defendant was charged with theft in aggravating circumstances, carried out by means of juridical and non-juridical considerations proving the defendant guilty imposed on Article 363 paragraph (1) 3rd, 5th of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations, so that the defendant is sentenced to imprisonment for 1 (one) year and 6 (six) months is deducted while the defendants are in temporary detention. Evidence in the perpetrators of the crime of theft at the Class 1 A Padang District Court In Decision Number: 540/Pid.B/2020/PN Pdg, considering the elements a) whoever, b) taking something that wholly or partly belongs to another person, c) with the intention of illegally possessing, d) at night in a residence or on a closed yard on which there is a residence, which is carried out by a person who is there without the knowledge or against the wishes of the entitled person, e) which is carried out by the wrongdoer by entering the crime scene in order to be able to reach the goods to be taken, by dismantling, breaking, or climbing or by using false keys, false orders or false official clothes.]]>
<![CDATA[LARANGAN PELAKU USAHA TERHADAP IKLAN PRODUK YANG MENYESATKAN KONSUMEN ]]>
<![CDATA[Yuliska, Edwin]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 11 No 1 April (2023): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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DOI: 10.31317/normative jurnal ilmah hukum.v11i1 April.896
<![CDATA[Product information to consumers must be correct, clear and honest, so that consumers do not suffer losses and product guarantees can be fulfilled according to consumer demand and legislation. However, there are still business actors advertising their products with misleading advertisements, so it is very interesting to discuss and set forth in a normative journal with the title Prohibition of business actors on misleading product advertisements. Whereas as regulated in the articles above, the responsibilities of advertising business actors are also based on the existence of a legal relationship between consumers and business actors. The legal relationship does not only cover the legal relationship that arises immediately when an agreement is made, in this case regarding all matters relating to the product, between the consumer and the business actor, but also includes the legal relationship that arises because of the law.]]>
<![CDATA[TINJAUAN TENTANG PENYELESAIAN SENGKETA PERDATA DENGAN CARA MEDIASI STUDI DI PENGADILAN NEGERI KELAS 1 A PADANG ]]>
<![CDATA[Abdul Rahmad]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 7 No 1 April (2019): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[Dinamika sosial yang terjadi dewasa ini dari waktu ke waktu semakin pesat sehingga persaingan antara sesama manusia untuk memenuhui kebutuhannya semakin sempit, akibatnya menimbulkan sengketa atau perkara sedangkan pengadilan yang bertugas memeriksa dan mengadili perkara mempunyai kemampuan yang terbatas. Pelaksanaan mediasi di Indonesia juga diatur dalam Pasal 1 angka 10 Undang-Undang No. 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa yang menyebutkan bahwa Alternatif Penyelesaian Sengketa adalah lembaga penyelesaian sengketa atau beda pendapat melalui prosedur yang disepakati para pihak, yakni penyelesaian di luar pengadilan dengan cara konsultasi, negosiasi, mediasi, konsiliasi, atau penilaian ahli. Kenyataan dalam praktek yang berlangsung di Pengadilan Negeri Kelas IA Padang, masih sedikit dijumpai putusan perdamaian. Produk yang dihasilkan peradilan dalam penyelesaian perkara yang dijalankan kepadanya sebagian besar putusan konvensional yang bersifat menang atau kalah (winning or losing).]]>
<![CDATA[PENERAPAN STANDAR OPERASIONAL PROSEDUR PT. PELNI SELAKU OPERATOR KAPAL PENUMPANG DI PELABUHAN TELUK BAYUR ]]>
<![CDATA[Ristu Ardiansyah dan Boiziardi AS]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 9 No 1 April (2021): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[PT. Pelni as operator of passenger ships at Teluk Bayur Port has not been able to run properly, various forms of irregularities can still be found. Standard Operating Procedure of PT. Pelni as Passenger Ship Operator at Teluk Bayur Port is still a clearly stated guide of what is expected and implied from all employees in carrying out their daily activities. The application of standard operating procedures has a very important role in the success of government programs. Especially in terms of services to service users, these service users consist of transportation of people and goods. The constraints faced in implementing the Standard Operating Procedure of PT. Pelni as Passenger Ship Operators at Teluk Bayur Port is still weak supervision of implementers of Standard Operating Procedures, socialization of rights and responsibilities to service users who are still lacking and facilities and infrastructure that are less supportive. The solution to overcome these obstacles is the supervision of the executors of the task, the socialization of rights and responsibilities to service users and the fulfillment of facilities and infrastructure so that the SOP can run smoothly.]]>
<![CDATA[RESTRUKTURISASI PERJANJIAN SEWA BELI KENDARAAN BERMOTOR PADA PT SUMMIT OTO FINANCE PADANG DI MASA PANDEMI COVID-19 ]]>
<![CDATA[Yoga Prasetyo, Yunimar ,]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 10 No 2 (2022): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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DOI: 10.31317/normative jurnal ilmah hukum.v10i2 November.825
<![CDATA[Agreement is a legal relationship that is often carried out by people in Indonesia. On April 13, 2020, the Indonesian government, based on Presidential Decree No. 12 of 2020, declared the Corona Virus (COVID-19) a National Disaster. The spread of COVID-19 that has occurred has caused the national economy to decline so that people are unable to fulfill the achievements in the agreement. The Financial Services Authority (OJK) as an institution that has the authority to regulate financial service activities. One of them is a finance company that stipulates OJK Regulation Number 14/POJK.05/2020 concerning Countercyclical Policies for the Impact of the Spread of Corona Virus Disease 2019 for Non-Bank Financial Services Institutions. The results of the study explain that the lease purchase agreement made by PT. Summit Oto Finance Padang with consumers is an agreement with the signing of a motor vehicle rental agreement by the consumer, indicating that the consumer agrees with all the terms of the agreement provided. Implementation of the restructuring of the lease purchase agreement at PT. Summit Oto Finance Padang has realized 270 (two hundred and seventy) agreements. The restructuring of the lease purchase agreement was carried out by extending the term of the agreement, delaying part of installment payments, and reducing principal arrears. The obstacles faced are the declining ability of consumers, consumers who often do past dues (past due installment payments. Solutions related to these obstacles are by giving warning letters to the 1st to 3rd warning letters, giving subpoenas in the form of reprimands, executing vehicles, and file a simple lawsuit to the District Court.]]>
<![CDATA[PENERBITAN KARTU TANDA PENDUDUK BERBASIS NOMOR INDUK KEPENDUDUKAN SECARA NASIONAL DI DINAS KEPENDUDUKAN DAN CATATAN SIPIL KOTA PADANG ]]>
<![CDATA[Arnes Satriani dan Ahmad Deni]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 6 No 2 November (2018): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[Article 1 number 14 of Act Number 23 of 2006 concerning Population Administration, states that the Identity Card (KTP) is the official identity of the population as self-proof issued by the Implementing Agency applicable in the entire territory of the Unitary State of the Republic of Indonesia. But often ID cards are misused in their use, for example, among others: hiding identity (terrorists) and manipulating ID cards for elections. For this reason, a more orderly population administration system is needed by using an Electronic Population Identity Card (e-KTP), which is a new method adopted by the government by building a population database nationally to provide identity to the public. Electronic Identity Card, hereinafter abbreviated as KTP-el, is a Citizen Identity Card equipped with a chip which is the official identity of the population as self-proof issued by the Implementing Agency. This is regulated in Presidential Regulation Number 35 of 2010 concerning Amendment to Presidential Regulation Number 26 of 2009 concerning Application of National Identity Cards Based on National Population Number. Residents who have received National Identity Cards based on the Population Identity Number in Padang City amounted to 13.40 percent of the total population who had recorded. The obstacles are the unavailability of blanks from the center so that the Issuance of Identity Cards Based on the Population Registration Number does not run smoothly. The efforts made by the Padang City Population and Civil Registry Service to resolve the above problems are by issuing a Recording Certificate which serves as a substitute for the temporary Population Identity Card which has a validity period of 6 (six) months and can be extended until the National Identity Card Based The Population Master Number is published.]]>
<![CDATA[PENERAPAN PERATURAN MENTERI KEHUTANAN NOMOR P 48/ MENHUT-II/2008 TENTANG PEDOMAN PENANGGULANGAN KONFLIK ANTARA MANUSIA DAN SATWA LIAR PADA WILAYAH KERJA RESORT KONSERVASI SUMBER DAYA ALAM KOTA PADANG ]]>
<![CDATA[Arnes Satriani , Hendra Yuriko]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 8 No 2 November (2020): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[The increase in the incidence of wildlife conflicts in West Sumatra requires efforts to resolve conflicts that are fast, effective and efficient and able to provide good solutions for the interests of conflict area communities and the interests of wildlife conservation. To resolve conflicts between wildlife and humans, the government has issued Forestry Minister Regulation Number P.48 / Menhut-II / 2008 concerning Guidelines for Handling Conflict Between Humans and Wildlife. Obstacles in overcoming conflicts between humans and wildlife at the KSDA Padang City Resort are the lack of support from other agencies, equipment and funding that are not available, community resistance to efforts to take action by officers, material loss, sense of security and economy in the victim community. conflict, the need for medical support for conflict animals and triggers for conflict between humans and wildlife, the efforts made to resolve these obstacles are as bierkut; support for the implementation of the existing activities of the coordination team and task force for conflict management between humans and wild animals, provision of adequate equipment and funding for the implementation of conflict management activities between humans and wildlife, socializing the stages and procedures for dealing with conflict between humans and wildlife to the community , seek assistance for conflict-affected communities, carry out effective response activities, guard vulnerable areas, provide medical support during the conflict and socialize to the community not to do things that can trigger conflict between humans and wildlife.]]>
<![CDATA[IMPLEMENTASI TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN OLEH PT.BINTARA TANI NUSANTARA DI KECAMATAN RANAH BATAHAN KABUPATEN PASAMAN BARAT ]]>
<![CDATA[,, Abd Rahmad]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.769
<![CDATA[Social and Environmental Responsibility in Indonesia is regulated in Law No. 40 of 2007 concerning Limited Liability Companies. As stated in Article 74 paragraph (1), it states that 'Companies that carry out their business activities in the field and/or related to natural resources are obliged to carry out Social and Environmental Responsibilities'. PT. BintaraTani Nusantara is one of the Regional Owned Enterprises that was established in 1984 which is engaged in the plantation and management of oil palm. The formulation of the problem in this paper is 1) how is the implementation of social and environmental responsibility carried out by PT. Bintara Tani Nusantara in the District of Ranah Batahan, 2) what are the factors that become obstacles for PT. Bintara Tani Nusantara in implementing social and environmental responsibility in the District of Ranah Opinions and solutions to resolve obstacles. The research method is sociological juridical, the nature of the research is descriptive and the data used are primary data and secondary data obtained through interviews and literature studies, then processed by editing, coding, and tabulating processes.Dataanalysis with a qualitative approach. The results of the research on the application of social and environmental responsibility carried out by PT. Bintara Tani Nusantara to the community in the Ranah Batahan sub-district, namely by carrying out a programmed Social and Environmental Responsibility program which is budgeted annually according to the management policy of PT. Bintara Tani Nusantara. In addition, the non-programmed Social and Environmental Responsibility program is also implemented by PT. Bintara Tani Nusantara. The obstacle for PT. Bintara Tani Nusantara in implementing Social and Environmental Responsibility in the Ranah Batahan sub-district is internal factors and external factors.]]>
<![CDATA[KAJIAN PENDISTRIBUSIAN ZAKAT OLEH BAZNAS KOTA PADANG KEPADA MAJLIS TAKLIM BINAAN DITINJAU DARI HUKUM ISLAM ]]>
<![CDATA[Joni Zulhendra]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 5 No 1 (2017): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[Zakat is one of the economic activities that can alleviate poverty and also help the poor in various parts of the world, especially Indonesia which is experiencing a multidimensional crisis. Therefore, zakat role in restoring the economy and society need professional management. Management of zakat is not merely be individualized from muzakki to mustahik, but carried out by a special institution that handles charity in which people meet certain requirements called amil zakat board. The impetus in this discussion is more specific to the application of Islamic law on the study of the distribution of charity funds by amil zakat board, namely Baznas Padang. Therefore charity is part of the obligation of every Muslim who has the ability, so this research can increase knowledge in the life as a Muslim, in accordance with Islamic teachings. This study, using field with a descriptive qualitative approach that describes the circumstances as they appear in the field next critically analyzed and described in the narrative. The results of this study explained that the distribution of zakat made by Baznas city of Padang to auxiliaries majlis taklim been right on target, because the members who are members of the group were mustahik zakat tergolongan groups and destitute, come from the middle to the bottom who are having difficulty to make ends the necessities of life, children's school fees and treatment if a family member is sick. Implementation of the distribution of zakat carried out by the majlis taklim target Baznas city of Padang to its members is not appropriate, because zakat is the right of mustahik zakat used to help make ends meet, but the board of the group makes loans and indirectly mustahik zakat has been indebted to the rights that should belong to the mustahik.]]>
