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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135 Documents
<![CDATA[KAJIAN FILOSOFI HUKUM INTERNASIONAL BERDASARKAN PEMIKIRAN BRIAN Z.TAMANAHA “ A REALISTIC OF LAW†]]>
<![CDATA[Lona Puspita]]>
<![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 statement about whether the law is still being debated, including the existence of international law as law. Therefore, the authors are interested in analyzing the philosophical studies of international law based on Brian Z. Tamanaha's thinking "A Realistic of Law". According to Brian Z. Tamanaha, international law remains a law whether it is moral or immoral because international law was born because of the agreement of countries to regulate life together with the international community.]]>
<![CDATA[PENYELESAIAN SENGKETA MELALUI MEDIASI DALAM KASUS PERTANAHAN ]]>
<![CDATA[,, Dwikornida]]>
<![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.772
<![CDATA[Mediation as regulated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Settlement can be used to settle land disputes, with 3 stages of the mediation process, namely the preparation stage, the stage of mediation meetings and the post-mediation stage. The legal power of resolving land disputes by mediation can be executed because if the land dispute already has a certificate because the eagle symbol is as powerful as the irah-irah for the sake of justice based on God Almighty volunteer]]>
<![CDATA[KONSTITUSIONALITAS HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Ariya Zurnetti, Roni Efendi]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 6 No 1 April (2018): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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DOI: 10.31317/normative jurnal ilmah hukum.v6i1 April.355
<![CDATA[The right of inquiry is the authority of the People's Legislative Assembly (DPR) which was first regulated in the provisions of Article 70 of the Provisional Constitution of 1950. The controversy over the DPR's inquiry rights to the KPK arises because of differences in perspectives in interpreting the rights of the questionnaire. theories and norms built on philosophical and normative grounds. These different points of view lead to a different conclusion. Related to the Right of Questionnaire as one of the rights possessed by the DPR, this right is inherent in the function or position of the DPR. Therefore, the right of the questionnaire is said to be an institutional right or institutional right. Functions and rights (DPR) like two sides of a coin (two sides of one coin) can be distinguished but are inseparable.]]>
<![CDATA[AKIBAT-AKIBAT HUKUM DARI PERISTIWA PERKAWINAN SIRRI ]]>
<![CDATA[Adnani, Adriani]]>
<![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.736
<![CDATA[Official documents issued by the state are not the only shar'i evidence. The testimony of witnesses to the marriage or those who witnessed the marriage, are also valid and must be recognized by the state as shar'i evidence. The state may not stipulate that the only evidence to prove the validity of a person's marriage is a written document. This is because the Shari'a has determined the validity of other evidence other than written documents, such as witness testimony, oaths, confessions (iqrar), and so on. The consequences arising from the sirri marriage contract are greater the harm than the benefit. Settlement of problems caused by unregistered marriages can be resolved by submitting a request for a marriage determination (Isbat Nikah) in the Religious Court. Because of the many legal consequences of sirri marriages, awareness of the importance of registering marriages and legal awareness of marriages needs to be increased again]]>
<![CDATA[PERKEMBANGAN PERTENTANGAN HUKUM SEBAGAI SUATU SISTEM DALAM PERSPEKTIF PENEGAKAN HUKUM DI INDONESIA ]]>
<![CDATA[Ariya Zurnetti dan Himawan Ahmed Sanusi]]>
<![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[The law can assessed by utilizing four main approaches, namely the philosophical approach, philosophy of law science, philosophical law, scientific legal approach. The development of the law of a state as a system will be influenced by the development of system theory and history in society. The question is how to develop the legal contradiction as a system in the perspective of law enforcement in Indonesia. So that can be found in the form of five things contradictions about the concept of law system. In the law enforcement perspectives of Indonesia based on expert opinion (theoretical studies) and the development of community life.]]>
<![CDATA[PERSAINGAN USAHA TIDAK SEHAT DALAM PENENTUAN HARGA KARGO PESAWAT TERBANG DI INDONESIA ]]>
<![CDATA[Alfatri Anom dan Yeni Santi]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 8 No 1 April (2020): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
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<![CDATA[The rapid growth of e-commerce transactions in Indonesia triggers the increase of airplane cargo service demands. From the information provided by the KPPU, several airplane cargo providers are suspected to conducting practices conflicting the UU No. 5 / 1999. The issues discussed in this paper are the analysis of unfair competitions in deciding cargo service price in Indonesia and the measurements KPPU take in performing law enforcement regarding this matter. This research is carried out by using normative juridical approach, the data are collected from secondary resources, the collected data are then processed with editing methods and are analyzed qualitatively. The forms of unfair competition conducted by airplane cargo providers in Indonesia are cartel and oligopoly. In tracing the unfair competition allegation, KPPU have performed investigations and summoned a number of parties involved in the practice. The practice of unfair competition in deciding airplane cargo service price brings disadvantages to customers and other business doers in the same field]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN BEBAS TERHADAP TINDAK PIDANA PEMALSUAN TANDA TANGAN SURAT PERNYATAAN HAK DI PENGADILAN NEGERI PADANG (Studi Kasus No. 196/PID.B/2020/PN PDG) ]]>
<![CDATA[Fitra Oktoriny, Faef Mei Zai 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.722
<![CDATA[As the verdict issued by the Panel of Judges at the Padang District Court tried and issued the following verdicts: To declare that the defendant Yanti Yosefa, summoned by Yanti Binti Saer Rajo Intan, was not legally proven and convinced guilty of the criminal acts charged in the First and Second alternative charges, acquitting Yanti Yosefa Therefore, from all these charges, Yanti Binti Saer Rajo Intan restores the rights of the defendant in his capacity, position and dignity, and imposes a court fee on the State. 2) Evidence of the criminal act of falsification of the signature of the people's land certificate passed by the judge in the acquittal, that the Defendant did not intentionally use a fake or falsified certificate as if it was genuine whether it was used against the Kaum Agreement dated 12 January 2004, so that the Panel of Judges was of the opinion that None of the evidence presented by the public prosecutor proved that the defendant had committed the criminal act as charged to him.]]>
<![CDATA[LELANG EKSEKUSI HAK TANGGUNGAN PADA PT. PERMODALAN NASIONAL MADANI CABANG PADANG PASCA HOLDING MELALUI KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (KPKNL) PADANG ]]>
<![CDATA[Yulia Vitria Yohannes, Dwikornida ,]]>
<![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.832
<![CDATA[Auction is the sale of goods open to the public with written and/or oral price bids that increase or decrease to reach the highest price, which is preceded by an Auction Announcement. Regulations for every financial institution, both bank and non-bank, including PT. Madani National Capital or PNM, in general when the debtor is in default and has been categorized as a non-performing loan, the creditor can carry out the process of submitting an auction related to collateral tied to mortgage rights through the Padang State Property and Auction Service Office (KPKNL). The Mortgage Execution Auction Process carried out by PNM Post Holding must carry out the process of changing the name of the Persero's status on the Mortgage Certificate. The process of carrying out the auction is regulated based on the Vendu Regulation (Stbl.Tahun 1908 No.189 amended by Stbl.1940 No.56) which in regulation refers to the technical implementation of the auction and Regulation of the Minister of Finance of the Republic of Indonesia Number: 213/PMK.06/2020, dated 22 December 2020 concerning Instructions for Conducting Auctions. The results of this study are that the Auction Implementation Process is regulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number 213/PMK.06/2020, December 22 2020 concerning Instructions for Conducting Auctions, PNM in submitting a collateral auction must change the name of the company by removing the phrase "Persero" in certificate of mortgage rights in addition to completing the formality requirements of the subject and object of the auction.]]>
<![CDATA[STRATEGI PELIBATAN MASYARAKAT DALAM PENGAWASAN PEMILU DI INDONESIA ]]>
<![CDATA[Joni Zulhendra ,]]>
<![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[Community involvement in election monitoring is a necessity as well as an obligation. Participatory supervision by the community is one of the important pillars in carrying out the controlling function of elections. One way that is considered efficient and effective is through a public approach by utilizing application-based information technology and social media. The sophistication of today's technology cannot be denied, especially since its development is very fast. There are several models of election monitoring strategies in involving the community, Mapping and strengthening participants, Determining appropriate information content, Effective delivery of information, Panwaslu as a facilitator.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ISTERI YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) BERUPA PENELANTARAN DALAM RUMAH TANGGA DI POLRESTA PADANG ]]>
<![CDATA[Rifqi Kurniawan dan Fitra Oktoriny]]>
<![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[The household is the smallest organization in society that is formed because of the existence of a marriage bond. Tensions and conflicts between family members are normal in the household. Conflicts between family members have resulted in domestic violence, various types of domestic violence are physical, psychological, sexual violence and domestic neglect. Many conflicts between family members stem from economic factors that lead to neglect in the household. The problem raised in this study is legal protection for wives who are victims of domestic violence (kdrt) in the form of neglect in the household at the Padang Police, what are the obstacles to legal protection for wives who are victims of criminal acts of domestic violence ) in the form of neglect in the household at the Padang Police, and how to overcome obstacles in legal protection for wives who are victims of criminal acts of domestic violence (kdrt) in the form of neglect in the household at the Padang Police. Legal protection for wives who are victims of criminal acts of domestic violence (kdrt) in the form of neglect in the household at the Padang Police is still not optimal because it has not been fully implemented in accordance with the rules in Law Number 23 of 2004 concerning the Elimination of Domestic Violence.]]>
