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DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law.
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Articles 6 Documents
 1 
Search results for , issue "Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023" : 6 Documents clear
Penetapan Ambang Batas Calon Presiden dan Wakil Presiden Berdasarkan UU No. 23 Tahun 2003 dan UU No. 7 Tahun 2017 luken ferisman lubis; Eddy Asnawi; Bagio Kadaryanto
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.6701

Abstract

The purpose of this study is how the threshold for the nomination of president and vice president is based UU No. 23 Year 2003 and UU No. 7 Year 2017 and how ideally the threshold for presidential and vice presidential candidates is determined based on UU No. 23 Year 2003 and UU No. 7 Year 2017. This type of research is normative legal research by analyzing cases that conflict with the law using qualitative methods to draw deductive conclusions. The provisions for setting thresholds in presidential elections constitutionally violate the constitutional rights of citizens based on the provisions of Article 6A paragraph (2) of the 1945 Constitution which states "pairs of presidential and vice-presidential candidates are proposed by political parties or a coalition of political parties participating in general elections prior to the holding of general elections. This provision provides space for political parties to nominate presidential and vice presidential candidates. However, in Article 222 UU No.7 Year 2017 concerning General Elections, it provides a limit of 20% of the number of seats in the DPR or 25% of valid votes nationally in the previous DPR member elections. In a presidential system, the imposition of a threshold is irrelevant because theoretically the separation of powers does not recognize the president's accountability to the parliament, thus the threshold is not appropriate if the votes used are from the DPR election. Setting the threshold for presidential and vice-presidential candidates is simply reduced to 5% of seats in the DPR and 10% of valid votes from the previous general election or the article on setting the threshold for presidential and vice-presidential candidates is simply abolished through revisions to the general election law.
Akibat Hukum Terhadap Akta Autentik yang Dibuat dalam Keadaan Tidak Seimbang (Penyalahgunaan Keadaan) Studi Putusan Mahkamah Agung Nomor : 2319 K/Pdt/2015 Evan Saputra Situmorang; Surya Perdana; Suprayitno Suprayitno
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.7510

Abstract

In carrying out his position serving the community, a notary certainly pays attention to the provisions of the applicable laws and regulations and other regulations. When a notary makes a deed for the benefit of the requester, of course the notary has paid attention to various signs that can cause the deed to be canceled or null and void. But it turns out that in subsequent developments in various court decisions other legal terminology was born which emphasized that if there is a violation for certain reasons, the deed can: Has no legal force, void, illegal according to law, illegal and null and void, no legal force, cancelled. by law, invalid and has no legal force, cancelled. The existence of the legal terminology with its own reasons for doing so makes it difficult for the Notary if there is a violation no longer in the legal terminology which can be canceled or null and void by law, but also uses terminology outside the law. Abuse of circumstances exists when a person knows or must be aware that the other party due to certain circumstances, such as an emergency, dependency, rush, abnormal mental state or lack of experience, is moved to take legal action, is provoked to take legal action, or at least knowing or having to realize that the other party should be kept away from that action.
Pemusnahan Barang Sitaan Narkotika Rangka Pencegahan Penyimpangan Peredaran Kembali Barang Sitaan di Masyarakat (Studi Kejaksaan Negeri Belawan) Aisyah Aisyah; Alpi Sahari Alpi Sahari; T. Erwinsyahbana T. Erwinsyahbana
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8109

Abstract

The purpose of this study is to find out about the authority of the Prosecutor as executor in carrying out the destruction of confiscated goods resulting from criminal acts and the obstacles in carrying out the destruction of confiscated narcotics crimes, as well as the perspective of destroying confiscated goods in order to prevent the re-circulation of confiscated narcotics crimes in society. The research method is normative legal research, which uses secondary data sources with an emphasis on theoretical and qualitative analysis. The results of the study found acts of destroying evidence of narcotics according to Article 26 paragraph 1 of Government Regulation No. 40 of 2013 concerning Implementation of Law No. 35 of 2009 concerning Narcotics, law enforcement agencies that are allowed to destroy narcotic evidence are BNN investigators and POLRI investigators, and prosecutors. Barriers to the destruction of confiscated goods for narcotics crime there are 5 (five) factors, namely; the legal factors themselves, law enforcement factors, facilities or facilities factors, community factors. The Belawan District Prosecutor's Office has taken preventive action, namely control is carried out to prevent the possibility of undesirable things from happening in the future, preventive or preventive actions are carried out by the Belawan District Prosecutor's Office as the executor of the Court Decision, aiming to protect against bad things that may occur, such as loss or misuse of confiscated narcotics.
Analisis Putusan Pemerkosaan yang Dilakukan oleh Anggota Militer Berdasarkan Hasil Visum Et Repertum Nomor : VER/41/KES.15./XII/2018 Karina Elintra Kloko; Indra Koswara
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8872

Abstract

Visum Et Repertum or VeR is an official written statement made by a doctor for the needs of investigators regarding medical. One type of crime that requires a Ver outcome is rape. Military members who have cases will be tried in military courts as regulated in Law No. 31 of 1997 concerning military courts. The purpose of this research is to find out the results of the Visum Et Repertum (VeR) can be used as evidence in investigating rape cases and whether the legal decision in this case is influenced by the results of the Visum Et Repertum (VeR). This research method uses normative juridical analysis techniques and literature. The results found are evidence of the elements of the crime of rape from the results of the examination contained in the visum et repertum, determining the steps taken by the Police in investigating a rape case. Visum Et Repertum clearly influences the judge's decision because it explains as clearly as possible what happened at the time of the incident with evidence in the post mortem et refertum. Based on the results of the Visum Et Repertum and the testimony of other witnesses, the defendant was sentenced to 10 (ten) months in prison and court costs to the defendant in the amount of Rp. 5,000.00 (five thousand rupiah) on charges of rape and the second charge of intentionally and openly violating decency. Having Ver evidence in the rape case sheds light on what happened during the incident and clarifies the testimony of witnesses.
Urgensi Penerapan Konsep Green Banking di Indonesia Barran Hamzah Nasution; Rosa Agustina; Affila
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.8879

Abstract

Era globalization, environmental management and protection become important matters. Environmental issues nowadays have become not only local or trans-local issues but also regional, national, transnational, and global issues. On that matter, banks in Indonesia transform their business activities by implementing the green banking concept, in which national banks nowadays consider environmental management and protection aspects in their operational activities. However, the absence of statutory regulations in Indonesia which explicitly stipulate obligations for a bank to include provisions for environmental management and protection requires legal renewal in the application of the green banking concept to banking management in Indonesia. This research aims to review the definition and history of green banking and the urgency of the green banking concept implementation in Indonesia. This research is normative legal research in which using a statute approach. The legal materials used in this research are derived from primary and secondary legal materials. The legal material collection technique used in this research is a library research technique. The data in which sourced from legal materials in this study were analyzed using a qualitative approach.
Penegakan Hukum HAM di Indonesia dalam Perspektif Paradigma Keadilan Hukum Transendental Ni Nyoman Putri Purnama Santhi; Yudi Gabriel Tololiu; Bayu Anggara
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 1 (2023): Doktrina:Juornal of Law April 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i1.9045

Abstract

This research discusses how law enforcement is in Indonesia, and how does the law enforcement is in the perspective of a transcendental justice paradigm. This research is a library research using secondary data sources, namely primary and secondary legal materials. This research includes normative research with a synthetic analytic approach. Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the law enforcement paradigm based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is at the forefront compared to substantive justice so that justice is not felt by the community. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thoughts such as emotions, feelings, instincts, moral spirituality and as part of the science of building. In this context, law enforcement. The perspective of the paradigm of transcendental legal justice highlights how the objectives of Islamic law are beneficial to justice and human welfare. Where law is based on ethics (moral) so that it can produce substantive justice, not mere formalistic justice, which encapsulates human attitudes to be fair to God as the creator, fair to fellow human beings and fair to the universe.

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