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<![CDATA[The Protection of Consumer Rights against Illegal Online Loans ]]>
<![CDATA[Nurdania, Esa]]>;
<![CDATA[Suherman, Suherman]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38602
<![CDATA[This research is intended to examine the form of protection provided by the government for rights violations committed by illegal online loan companies. This research also intends to provide input for the government regarding its role in dealing with the problem of illegal online loans. This research uses normative juridical research methods. The problem approach in this research uses a statutory approach. The results of this study indicate that POJK Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services (LPMUBTI) and the Consumer Protection Law have not specifically regulated the legal rules related to illegal online loans. In addition, the government must immediately form a law that can provide a deterrent effect for illegal online loan companies.]]>
<![CDATA[Judge's Rejection of Compensation for the Management of Dowry Disputes (Analysis of Decision Number 262/Pdt.G/2022/Pa.Batg) ]]>
<![CDATA[Nasution, Muhammad Iqbal Hanafi]]>;
<![CDATA[Iwan, Iwan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38773
<![CDATA[This study raises the case of a judge's rejection of a claim for compensation for the management of a dowry dispute at the Bantaeng Religious Court. The case involved a couple who separated after the husband took back the land that had previously been used as dowry. Although the judge decided to return the land to the wife, the judge rejected the wife's claim for compensation for the management of the land. In this context, the rule of Al'adatu Muhakkamah is one of the principles used in determining the law when there is no shar'i evidence that explicitly explains it. This study aims to analyze the judge's decision to refuse compensation for the results of the management of the dowry dispute and analyze the use of the Al'adatul Muhakkamah rule in the decision. The research method used is normative legal research method with a qualitative approach. The qualitative approach was chosen to describe the research results with sentences that categorize the data according to certain categories. With this approach, the research can provide in-depth conclusions about the application of the Al'adatu Muhakkamah rule in the judge's decision. The research findings show that the judge should have granted the compensation claim based on the analysis of the al-'adatul muhakkamah rule. Islamic law aims to realize human welfare, including by recognizing that customs that are still valid for generations have a significant influence in determining legal decisions. However, the main principle of sharia must still be the top priority, especially if there is a conflict between custom and Islamic Law.]]>
<![CDATA[The Application of Indirect Evidence in Cartel Practices ]]>
<![CDATA[Novriani, Dasjagarni Ulinai]]>;
<![CDATA[Suyanto, Heru]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38619
<![CDATA[KPPU tasked with overseeing business competition, confronts challenges in identifying and proving cartel practices. According to Article 1, paragraph 7 of Law Number 5 of 1999, agreements among business actors need not be written to constitute cartels, potentially allowing for covert operations. This absence of written documentation complicates KPPU's efforts to substantiate suspicions of cartel behavior, often hindering the discovery of tangible evidence necessary for legal proceedings. Consequently, proving cartel activities in court becomes arduous, as direct evidence is typically required while these agreements may lack physical documentation, posing ongoing challenges for regulatory enforcement. This research uses normative juridical research method. The aim of this research is to understand how indirect evidence is applied in the cooking oil cartel practices and reviewing the forms of legal protection for consumers who are harmed.]]>
<![CDATA[The Role of the Cyber Crime Unit of the North Sumatra Regional Police in Overcoming Online Fraud Crime in North Sumatra ]]>
<![CDATA[Hafizsyah, Muhammad]]>;
<![CDATA[Marpaung, Zaid Alfauza]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.39093
<![CDATA[The rise of online fraud crimes in North Sumatra has caused financial losses to victims. This study aims to determine the role of law enforcement of the cybercrime unit of the North Sumatra regional police and its obstacles to the perpetrators of online fraud. The method used is empirical legal research whose sources are obtained from primary, secondary and tertiary data which are then analyzed qualitatively. The results of the study found that significant challenges faced by investigators in handling online fraud cases. Difficulties in identifying perpetrators who use fake identities and often change places are the main obstacles that slow down case resolution. These obstacles show the complexity of the mode of operation used by the perpetrators, which requires sophisticated and adaptive handling strategies from the police. Preventive and repressive efforts carried out by the Cyber Unit of the North Sumatra Police Ditreskrimsus are the right steps in tackling online fraud. Strict supervision of social media, counseling to the public, and takedowns of content containing elements of fraud are proactive steps that can prevent further fraud. In addition, the resolution of outstanding reports demonstrates the police's commitment to providing a sense of security to the community. However, the success of this effort also depends on good cooperation between the community and the police. Continuous education to the public on the dangers of online fraud and how to prevent it is essential to reduce the number of victims. In this digital era, increasing the capacity and skills of investigators in information technology is also a crucial factor in dealing with increasingly sophisticated criminals. Overall, this study emphasizes the importance of a holistic and integrated approach in tackling online fraud crimes.]]>
<![CDATA[The Criminal Responsibility Against Persons of The Crime of Embezation in Office ]]>
<![CDATA[Subandi, Subandi]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38674
<![CDATA[The crime of embezzlement in office is regulated in Article 374 of the Criminal Code. The crime of embezzlement in office is a crime of embezzlement with aggravation. The aim of this research is to find out and analyze the criminal liability of perpetrators of criminal acts of embezzlement in office; and knowing and analyzing regulations against perpetrators of criminal acts of embezzlement in office in the future. This legal research uses an empirical legal research approach. The research results show that even though the perpetrator has returned the company money he used, it does not rule out the possibility that the victim as the company owner will still bring a case and submit it to court. However, the law must still be enforced because the perpetrator did make a mistake. Regulations against perpetrators of criminal acts of embezzlement in office in the future, apart from using penal measures, also use non-penal measures. The non-penal efforts undertaken should be realized in strategic activities, both socially, economically and legally, so that criminal acts of embezzlement in office can be minimized from an early age.]]>
<![CDATA[The Defamation of Debt Posts on Social Media Accounts (Study of Medan District Court Decision NO. 3563/PID.SUS/2019/PN MDN) ]]>
<![CDATA[Fauzi, Masyhurul]]>;
<![CDATA[Ginting, Elvira Dewi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.39094
<![CDATA[This study aims to analyze Medan District Court 3563/PID.SUS/2019/PN MDN related to the defamation case of Febi Nur Amelia who posted Fitriani Manurung's debt on a social media account. This research uses normative legal methods. The results showed that based on the Judge's decision number 3563/PID.SUS/2019/PN MDN, it was stated that the Defendant Febi Nur Amelia was not proven guilty of committing the crime of defamation as alleged by Fitriani Manurung through the charges at trial. As well as what has been proven, that the case is not included in the criminal act of defamation, because indeed what Febi Nur Amelia has done by posting debts on her social media account, namely through Instagram stories, is intended so that Febi's friend who is also a friend of Fitriani sees the post and tells her to the person concerned, namely Fitriani Manurung to immediately pay her debt, this was done by Febi because she could not contact Fitriani, because access such as her number and social media account had been blocked. Judges need to understand the background of the criminal offense in their decisions. To overcome juridical obstacles, adequate resources and reliable knowledge are needed for law enforcement officials, as well as sufficient budget for law enforcement facilities. The public also needs to receive legal education from law enforcement officials in dealing with legal issues.]]>
<![CDATA[Implementation of Copyright in Intellectual Property Law As A Credit Guarantee Object in Banks based on Government Regulation No. 24 of 2022 ]]>
<![CDATA[Abdillah, Rezha Zulfikar]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38531
<![CDATA[Copyright as part of intellectual property law has an important role in supporting innovation and creativity. This article discusses the implementation of copyright as an object of credit collateral at banks. This research aims to analyze the mechanism for using copyright in banking transactions, as well as identifying obstacles and solutions that may arise. The research method used is literature study and normative legal analysis. The research results show that although copyright can be used as credit collateral, its implementation still faces various challenges, such as assessing the economic value of copyright and a lack of understanding from banks. This research also provides recommendations for increasing the use of copyright as an object of credit collateral, including the need for clearer regulations and increased outreach to related parties. In this way, it is hoped that a more effective and efficient system can be created in the use of copyright as credit collateral in Indonesia.]]>
<![CDATA[The Phenomenon of Divorce Due to Social Media (Study of Decisions at the Lubuk Pakam Religious Court in 2021-2022) ]]>
<![CDATA[Usada, Widia]]>;
<![CDATA[Akbar, Ali]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38761
<![CDATA[This research aims to explore the facts regarding the use of social media in the family as a trigger for divorce and analyse efforts to prevent divorce caused by social media. The focus of this research is the relevance between social media and divorce, where social media is often the trigger for ongoing disputes and arguments between married couples. Based on data, 60% of divorces in the Lubuk Pakam Religious Court in 2021-2022 were caused by the use of social media. The research method used is normative law with a qualitative approach, using primary data sources from decisions of the Lubuk Pakam Religious Court and in-depth interviews with judges and the head of the Religious Affairs Office. The results showed that the use of social media in the family must be regulated by certain norms to prevent disputes. Social media has been shown to be closely linked to divorce, being a major factor in triggering repeated disputes and arguments. Prevention efforts by the Religious Affairs Office and Religious Courts are expected to be an effective solution to reduce the divorce rate due to the use of social media.]]>
<![CDATA[The Responsibilities of Influencer Doctors Promoting Skincare Products on Social Media ]]>
<![CDATA[Amandha, Rendytha Khansa]]>;
<![CDATA[Sugiyono, Heru]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38581
<![CDATA[ Influencer doctors are prohibited from promoting skincare products on social media as regulated in MKEK Decree 029/2021. This has pros and cons, where influencer doctors are considered to help people pay more attention to a skincare product before buying and it is feared that there will be excessive claims on a product because they have expertise in the field of beauty. This research aims to analyze the responsibilities of influencer doctors who promote skincare products on social media and legal protection for consumers who experience losses from the promotion of skincare products carried out by influencer doctors on social media through normative juridical research methods which are supported by primary, secondary, and tertiary data. The study shows that the responsibility of influencer doctors needs to be looked at further regarding the fulfillment of mistakes made, if they are not at fault, then full responsibility falls on the business actor. Meanwhile, if guilty, the influencer doctor can be subject to sanctions as regulated in the 2018 MKEK Guidelines and the Consumer Protection Law. The embodiment of consumer protection is to provide rights and obligations for consumers, business actors and advertising business actors. Consumers often think impulsively when buying skincare products because of other people's reviews. Therefore, to avoid losses, consumers need to be more careful when purchasing skin care products. If they experience losses, consumers can apply for compensation or peace efforts, in court and outside of court.Keywords: Responsibility, Consumer Protection, Influencer Doctors, Skincare]]>
<![CDATA[Legal Protection of Persons with Mental Disabilities in Managing Inheritance Case Study of Dalu Village 10A ]]>
<![CDATA[Ramadhani, Tasyah Ramadhani]]>;
<![CDATA[Irwan, Irwan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38772
<![CDATA[This research aims to analyze the legal protection for people with mental disabilities in managing inheritance, focusing on a case study in Dalu 10A Village. From the perspective of Islamic law and the Civil Code, this research explores how their civil rights are protected. The research method used is a type of empirical legal research in qualitative research. The results show that although Law No. 19/2011 states that people with disabilities should be treated equally with the rest of society, in practice, people with mental disabilities are often denied their rights in inheriting property and face a lack of legal protection. This research highlights a case example in Dalu 10A Village, where the distribution of inherited property was not in accordance with existing provisions, demonstrating the need for improved understanding and implementation of disability rights protected by law. The research found that people with mental disabilities are categorized as legally incapable and unable to act in their personal interests, making the appointment of a guardian essential to preserve their rights. The application to become a guardian is submitted to the district court or religious court, in accordance with the regulations contained in Article 1 of Law No. 8/2016 and the Civil Code. This research provides insight into the challenges faced by people with mental disabilities in the context of estate management and emphasizes the importance of adequate legal protection to ensure their rights are respected and maintained.]]>
