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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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PEMILU (PEMILIHAN UMUM) DALAM KAJIAN POLITIK ISLAM ,, Joni Zulhendra
Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.765

Abstract

Politics and general elections (elections) are a means or tool for restoring the rights of the ummah to elect leaders of the ummah and elect their representatives who will later speak, express opinions, demand, defend and protect their rights from things that harm them. There is a difference between the elections that are taking place in Indonesia today and what is happening in Islam. The attitude of the ulama towards the election is divided into two groups with different views. The first group, namely those who forbid elections as is currently practiced. According to this group, the current election is not in accordance with sharia. Because the election is not legal or haram, it is not permissible to take or practice the election method in the form that is practiced today.The second group is of the view that the election is justified as it is currently practiced because it is still within the corridor of sharia. This group argues that the election as practiced today is lawful, as long as the election method is in accordance with sharia.
UPAYA PENERAPAN RETALIASI DALAM PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL MELALUI WORLD TRADE ORGANIZATION (WTO) Lona Puspita
Normative Jurnal Ilmiah Hukum Vol 5 No 2 November (2017): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Retaliation as a form of legal protection provided by the WTO against the winning state of the dispute. In practice, retaliation is rarely done by member states. This is because there are many things behind the non-retaliation among WTO members. One possible reason is the high political nuance in retaliation. According to Article 22 of the DSU Agreement of the WTO it is argued that compensation and deferral of concessions or other obligations are temporary measures provided if the recommendations and decisions are not exercised within a reasonable period of time. If the indemnification request can not be executed by the defendant, the plaintiff may take retaliation measures as set forth in article 22 (3) DSU Agreement.
PERANAN NOTARIS DALAM PENDAFTARAN JAMINAN FIDUSIA DI KOTA SAWAHLUNTO Abd. Rahmad, Jeri Rizal dan
Normative Jurnal Ilmiah Hukum Vol 9 No 2 November (2021): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v9i2 November.726

Abstract

Notary not only acts as a fiduciary guarantee deed maker, the notary is also responsible for online access that is carried out, including if there is an error in accessing data, it is the full responsibility of the Notary. The general obstacles faced include: Lack of thoroughness of notary staff in inputting fiduciary guarantee data online, causing the notary to have to make improvements to the access and be subject to PNBP again, the network to access AHU services is often disrupted considering the geographical conditions of Sawahlunto City and many parties access through the site and the signal strength of the internet provider used by a notary to access online AHU services, Sometimes there are difficulties in paying PNBP for fiduciary registration through Yapp. To overcome these obstacles, this can be done by: Adding or assisting other notary staff, if the file fiduciaries who enter in large numbers, Looking for a good quality internet provider, and carrying out access not during peak hours, such as morning and evening, Problems using this Yapp must contact the BNI office that issued the Yapp card.
GUGATAN NAFKAH ANAK OLEH IBU SETELAH PERCERAIAN DI PENGADILAN AGAMA PADANG Susan Yuliani, Mardius dan
Normative Jurnal Ilmiah Hukum Vol 11 No 1 April (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v11i1 April.897

Abstract

A fact in the existence of living things on earth is that they consist of two types, namely men and women. The two living things, both physically and psychologically have different characteristics, but biologically the two types of living things need each other so that pairing is literally called marriage. Based on the results of the research, it can be concluded that: The judge's considerations granted the claim for alimony by the mother after the divorce that based on Article 41 letter (b) of Law Number 1 of 1974 it is stated that as a result of the breakup of a marriage due to divorce, the father is responsible for all maintenance costs and the child's education required by the child, thus the defendant deliberately did not come to let his civil rights not be defended, then based on Article 149 the lawsuit was granted with vertek. The legal consequences of claims for child maintenance by the biological mother after the divorce are that the obligation of the father and mother to care for and provide maintenance for the child still continues even though both parents have divorced. Compilation of Islamic Marriage Laws regarding child rearing Article 156 (d) in the event of a divorce all costs of hadhanah and child support are the responsibility of the father until he reaches the age of 21
JUAL BELI MELALUI JEJARING SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI TRANSAKSI ELEKTRONIK Mestiana Wati dan Yunimar
Normative Jurnal Ilmiah Hukum Vol 7 No 2 November (2019): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Buying and selling through social media is currently growing very rapidly along with the development of technologies such as Facebook, line, Instagram, and others. Buying and selling online can be done anywhere and anytime without wasting time to go out of the house, this is what causes many interested in buying and selling online. Buying and selling through social networking is regulated in the Civil Code IIII book and the regulation of Electronic Information Transactions Law No. 19 of 2016 concerning Amendment to Law No. 11 of 2008 concerning Electronic Transaction Information. Based on the results of the research, buying and selling through social networks can be carried out anywhere and anytime, by using social media applications such as Facebook, Instagram, line, and others. In carrying out this sale and purchase agreement, obstacles encountered include, among other things, the inaccuracy in delivery time, the incompatibility of the items ordered. Based on this the authors would like to further conduct research with the formulation of the problem, How is the sale and purchase of social networks based on Law No. 19 of 2016 Amendment of Law No. 11 of 2008 concerning Electronic Transaction Information, and are there any problems that arise from the conduct of buying and selling through social networks and what is the solution. This problem is resolved by way of delays in the delivery of goods and it will be confirmed to consumers, goods that are defective or not in accordance with the order will be immediately replaced with a delivery time of 3 days and there are also businesses that do not accept the exchange of goods. Delayed shipping costs will also be delayed buyer orders. The suggestion is that both businesses and consumers must be honest in providing information data.
PERKAWINAN DIBAWAH UMUR DAN IMPLIKASINYA TERHADAP KEHARMONISAN RUMAH TANGGA Dirga Juhayati dan Joni Zulhendra
Normative Jurnal Ilmiah Hukum Vol 9 No 1 April (2021): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Factors causing underage marriages and their implications for household harmony. Family harmony is the achievement of happiness, peace, full of affection, and good communication for each family member and there is very little conflict or if a conflict occurs, the family is able to resolve it well. With the complex implications of early marriage on family life, the harms outweigh the benefits. Many factors cause early marriage, namely as follows: firstly because of promiscuity, the result of promiscuity has negative and deviant behavior, because when pacara often does bad things. Second, because of economic factors, due to economic weakness which causes marriage at an early age so that it does not become a burden on the parents, the third is due to educational factors where teenagers who marry at an early age do not want to continue their education anymore, because of promiscuity or economic factors are reasons for not wanting to continue his education
GUGATAN PERKARA KEWARISAN YANG TIDAK DAPAT DITERIMA (NIETONTVANKELIJKE VERKLAARD) OLEH HAKIM DI PENGADILAN AGAMA KELAS IA PADANG Roza Afriadi, Mardius ,
Normative Jurnal Ilmiah Hukum Vol 10 No 2 (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i2 November.826

Abstract

Inheritance cases that cannot be resolved amicably can be filed in court. Islamic inheritance cases are cases that have not been widely used by the public, so many Islamic inheritance cases that are filed cannot be accepted by judges. In the Padang religious court, for example, there was an inheritance lawsuit that was declared unacceptable or NO (niet ontvankelijke verklard). As for the reason for not accepting the lawsuit because the lawsuit is obscur libel, that is, it is not clear and certain, with a legal basis referring to Rv article 8 paragraph 3 and the parties to the lawsuit must be fully identified according to (Jurisprudence of the Supreme Court of the Republic of Indonesia dated 15-5 -1975 number 151 K/Sip/1975.) was declared inadmissible because in the lawsuit there were several formal requirements that were not met, while the conditions were that the address of the defendant was blurred or did not meet the clear and definite requirements because when the bailiff summoned the defendant to the address submitted by the plaintiff it turns out that the defendant does not live in Padang as proposed by the plaintiff, based on the narrative of the local village head the defendant lives and works in Jakarta, so this case is not the authority of the Padang religious court in deciding it.
ASPEK HUKUM PIDANA PADA KEKERASAN DALAM RUMAH TANGGA Fitra Oktoriny
Normative Jurnal Ilmiah Hukum Vol 6 No 2 November (2018): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Criminal acts are prohibited and threatened with crime, for short, they are called criminal acts, criminal acts or offenses. Regarding actions which are considered as criminal acts, the principle of legality is the principle which determines that no action can be punished except on the strength of the criminal rules in the existing laws and regulations, before the act is carried out (Article 1 paragraph (1) of the Criminal Code), it means that a person cannot be convicted of a criminal offense if there are no legal rules governing it first. That domestic violence has fulfilled the elements of criminal acts or criminal acts, menginggat forms of domestic violence also found in the Law in Criminal Law and the emergence of new offenses should be estimated more specific regulations.
PERANAN SATUAN POLISI PAMONG PRAJA DALAM PENGAWASAN MINUMAN BERALKOHOL DI KOTA PADANG Meita Lefi Kurnia , Roby Gandareva Andexa
Normative Jurnal Ilmiah Hukum Vol 8 No 2 November (2020): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

After the implementation of the Padang City Regional Regulation No. 8 of 2012 concerning Supervision, Control and Prohibition of Alcoholic Drinks has implications for the circulation of alcoholic drinks in the City of Padang. The Civil Service Police Unit as a regional apparatus in carrying out its duties has a supervisory function over the community, apparatus, or legal entity for the implementation of Regional Regulations and Regional Head Regulations. Satpol PP in supervising alcoholic drinks in the city of Padang is carried out against 1) Direct sellers or retailers of alcoholic drinks of class B and / or C, or alcoholic drinks containing spices, herbal medicine and / or the like, 2) Sales and / or packaging of drinks class B and / or class C alcoholic drinks, 3) The location for storing or selling alcoholic drinks of class B and / or class C. As for the constraints of the role of the civil service police unit in monitoring alcoholic drinks in Padang city, namely: 1) Limited number of personnel and facilities making the Satpol PP of Padang City in supervising alcoholic drinks not maximally, 2) There is resistance by direct sellers or retailers of alcoholic drinks, 3) Business actors who have been repeatedly disciplined are still carrying out activities to sell alcoholic drinks. How to Overcome Obstacles From the Role of Civil Service Police Units in Supervision of Alcoholic Drinks in Padang City, namely: 1) Padang City Satpol PP tries to meet the number of personnel and facilities needed by recruiting personnel and purchasing facilities, 2) Padang City Satpol PP continues supervise alcoholic beverage sales places that are not in accordance with the provisions in a humane and professional manner, 3) Satpol PP will continue to supervise alcoholic drink sellers consistently and continuously.
TINDAKAN SITA JAMIN UNTUK MENJAMIN PELAKSANAAN PUTUSAN DIKEMUDIAN HARI PADA PERKARA PERDATA Yuliska, Edwin
Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.771

Abstract

Security confiscation is carried out on the orders of the Judge/Chairman of the Panel before or during the examination process and for the confiscation the Judge/Chairman of the Panel makes a letter of determination. The confiscation is carried out by the Registrar of the District Court / Bailiff with two court officials as witnesses. There are two types of security confiscations, namely security confiscations against the defendant's property (conservatoir beslag) and security confiscations against the plaintiff's property (revindicatoir beslag) (Article 227, 226 HIR. Article 261, 260 RBg.). However, if the confiscation of the guarantee has been carried out and then peace is reached between the two parties to the litigation, then the confiscation of guarantee must be lifted

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