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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 8 Documents
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Search results for , issue "Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022" : 8 Documents clear
Kedudukan Jaminan Perlindungan Terhadap Anak Diluar Perkawinan Ditinjau dari Konsep Hak Asasi Manusia: Position the Guarantee of Protection for Children Outside Marriage in Terms of Concept Human Rights Rahmi Anisa; Ardiansah Ardiansah; Bahrun Azmi
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.6605

Abstract

A child is born from the result of a legal marriage between his parents. According to Article 1 paragraph (1) of Law Number 1 of 1974 it is stated that "marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead". It is known that marriage is something that must be done by both partners who like each other. Marriage can justify a biological relationship between a man and a woman to produce offspring so that a household can be upheld and fostered in accordance with religious norms and community life systems. The problem in this study is that in law the status of children is recognized in 2 ways, namely firstly the status of a legitimate child due to a legal marriage and secondly the status of a child due to an illegitimate/betelling marriage. born out of wedlock. This research is a normative legal research. The results of the study of this research are that the legal basis and regulations have been found that since the Constitutional Court Decision Number: 46/PUU-VIII/2010 has made the status of both legal children and children born out of wedlock equal. and this is in accordance with the principle of equality before the law and in line with the 1945 Constitution in particular Article 28.
Akibat Hukum Perjanjian Melalui Elektronik Ditinjau dari Pasal 1866 Kitab Undang-Undang Hukum Perdata: Legal Consequences of Agreements Through Electronic Judging From Article 1866 of the Civil Code Arif Muhammad Simamora; Fahmi Fahmi; Yenni Triana
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.6662

Abstract

The absence of a law that specifically regulates personal data of agreement users via electronic means often causes legal problems, both regarding issues of authenticity, authenticity and proof. This writing focuses on legal issues, namely how the problems with the authenticity, authenticity and integrity of the agreement electronically and how the validity of an agreement made electronically. The research method that the author uses is normative qualitative using secondary data and reinforced by primary data or field data. The results of the study show that the authenticity, authenticity and integrity of the agreement electronically can be carried out using digital forensic tools. the use of information through electronic media concerning a person's personal data must be carried out with the consent of the person concerned. Agreements made electronically/digitally have the same evidentiary power as agreements made through manuals. Judges can use a system of evidence with developments towards open evidence. Evidence obtained from anywhere as long as the truth can be accepted as long as it does not conflict with public order, considering that in conducting transactions in the current digital era, we will often use online media.
Tanggungjawab Pelaku Usaha Rumah Makan Padang Terhadap Perolehan Sertifikasi Halal di Kota Pekanbaru: Responsibilities of Padang Restaurant Business Actors for Obtaining Halal Certification in Pekanbaru City Muhammad Yogi Riazmi Putra; Hasnati Hasnati; Yeni Triana Triana
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.6694

Abstract

This writing is entitled the responsibility of business actors for Padang restaurants to obtain halal certification, it is necessary to pay attention to the safety of food products that are now freely circulating. Not only in terms of health but also guarantee the halal of the product. Although there have been various regulations made by the Government of Indonesia, but still found the existence foods that do not have label certified. The aim of this writing is to find out how the protection of consumer laws and legal consequences received by business actors related to the distribution of food products that are not halal certified. In this paper, the authors use normative research methods. Which examine and analyze the legislation and the linkage of legal principles relating to the labeling of halal food products between Law no. 8 of 1999 about protection of consumer with Law no. 33 of 2014 about Halal Product Guarantee. The results of the analysis obtained are the protection of consumer law against non halal certified food products arranged in Law no. 8 of 1999 about protection of consumer, Law no. 33 of 2014 about Halal Product Guarantee, and Government Regulation Number 69 years 1999 on about Label and Food advertising, while the legal effect that the business actor receives on the distribution of non halal certified food products is by imposing administrative punishment and criminal penalty.
Penguasaan dan Pemanfaatan Wilayah Pesisir yang Didirikan Bangunan di Kelurahan Pasar Belakang Kecamatan Sibolga Kota: Control And Utilization of the Coastal Area Which Established in the Kelurahan Pasar Belakang Sibolga Kota Rizki Ikhsan Siregar; Muhammad Yamin; Zaidar Zaidar
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7053

Abstract

In article 7 paragraph (1) letter t of the Sibolga Mayor Regulation Number 16 of 2018 concerning the Utilization of Coastal Areas and Coastal Borders in Sibolga City, it is stated that the coastal area and coastal border can be used for one of the other existing buildings and/or existing buildings. have permission. The problems include the legality and control of the use of coastal areas where buildings are built, the application of the Sibolga Mayor Regulation number 16 of 2018, and the application for registration of rights in coastal areas at the Sibolga Land Office. This type of research is an empirical juridical research with descriptive analysis. The results of the research The community building on the coastal border and above sea level does not have legality and official permission from the Sibolga City Government. There are no detailed and specific rules in these articles to be used as guidelines for the use of coastal areas related to border boundaries, procedures for obtaining permits from the Sibolga City government. The application for registration of rights in the coastal area of ​​ Kelurahan Pasar Belakang, Sibolga Kota District has not been processed because the Law has not provided more concrete arrangements, especially regarding the granting of types of settlement rights on the coastal border and on water marine.
Perspektif Hukum Pembebanan Hak Tanggungan Atas Sertifikat Hak Milik Satuan Rumah Susun Sebagai Jaminan Kredit Perbankan: Legal Perspective Encumbrance Right Mortgage on Certificate of Ownership Right Flat Units as Banking Credit Guarantee Khaidir Nasution; Ahmad Fauzi; Ramlan Ramlan
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7439

Abstract

This study discusses the legal arrangements on land that are charged with mortgage rights to flats standing on the land, then analyzes the imposition of certificates of ownership rights to flats as collateral for bank credit and to find out the implementation of execution if one of the debtors breaks their promises related to the granting of mortgage rights to the flats. used as collateral for bank loans. The research empirical juridical type, namely research that emphasizes the use of legal norms in writing and is supported by data collected in the field and the results of interviews with sources and informants as supporting data. Based on the results the ownership rights of the apartment unit are simultaneous or concurrent in nature which contains joint rights and individual rights. The right of ownership of the apartment unit itself can be charged with mortgage rights as collateral for bank credit based on article 47 paragraph (5) of the Flats Law. Execution of the ownership rights of the apartment unit that is charged with mortgage rights as credit guarantees as a result of the debtor defaulting to the creditor, then the bank as the creditor of the Flats Unit does not directly execute the Mortgage on the creditor guarantee but the bank will take persuasive steps as well as non-litigation mediation to resolve non-performing loans so that no party feels aggrieved and if the non-litigation process reaches a dead end, then the litigation process is carried out.
Wanprestasi Perjanjian Kerja Waktu Tertentu Akibat Pandemi Covid-19: Default of a Specific Time Work Agreement Due to the Covid-19 Pandemic Fatma Meria; Serlika Aprita; Heni Marlina
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7512

Abstract

The purpose of this study will be to discuss the cancellation of a certain time work agreement due to covid-19 in terms of Law no. 13 of 2003 concerning Manpower and the legal consequences of canceling a certain time work agreement due to the covid-19 pandemic. The research method uses normative juridical research, where this type of research discusses doctrines or principles in legal science aimed at written regulations. The results showed that the cancellation of a certain time agreement as a result of the Covid-19 pandemic, including for reasons of termination of employment, seen from Law no. 13 of 2003 concerning Manpower Article 1 number (25) “Termination of employment is the termination of employment relations due to a certain matter which results in the termination of rights and obligations between workers or workers and employers. The reasons for termination of employment during the pandemic are of course various, but it cannot be denied that many entrepreneurs interpret the Covid-19 outbreak as a natural disaster as a force majeure reason for terminating workers to reduce losses due to the Covid-19 pandemic. 19. The legal consequences of canceling work agreements for a certain time during the Covid-19 pandemic, namely termination of employment by employers during the Covid-19 pandemic. The Covid-19 pandemic is used as an excuse for Force Majeure for employers to terminate employment. Force Majeure can legally be used as an excuse by business actors to lay off their workers, as has been explained in Article 164 Paragraph (1) of Law no. 13 of 2003 concerning Manpower.
Penegakan Hukum Pidana Terhadap Kepemilikan Senjata Api Ilegal yang Disalahgunakan yang Mengakibatkan Matinya Seseorang: Criminal Law Enforcement Against Possession of Illegally Abused Firearms that Causes Someone's Death Hasanal Mulkan; Mona Wulandari
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7513

Abstract

According to Law No. 12 of 1951 and the criminal law enforcement process against perpetrators of illegal possession of firearms according to the Emergency Law No. 12 of 1951 as well as the obstacles encountered in the enforcement of criminal law against illegal possession of firearms by the police by selecting the relevant agencies to obtain detailed information. concerning the enforcement of criminal law against illegal possession of firearms and the application of the Emergency Law No. 12 of 1951. that Law No. 12 of 1951 concerning the possession of illegal firearms has been implemented properly and the enforcement of criminal law against perpetrators of illegal possession of firearms has been carried out in accordance with the relevant regulations. Starting from the starting point of the discussion, it can be concluded that as a criminal law enforcer against the owner of a legal firearm that is misused resulting in the death of a person, it is possible to be subject to criminal charges against the perpetrators of murder in accordance with Article 338 of the Criminal Code with the threat of imprisonment for a maximum of fifteen years in prison and preventive measures to prevent the misuse of legal firearms, are in accordance with the applicable regulations for registration and use permits, conducting raids from certain parties, medical examinations for the holder of the firearms.
Permainan Game Online Berbasis Perjudian dalam Perspekif Hukum Pidana: Gaming Based Online Games in Criminal Law Perspective Yusuf Hanafi Pasaribu
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7996

Abstract

This paper will describe online games with the dimension of gambling, so that the discussion is about the form of online games with the dimensions of online gambling in the aspect of criminal law and the application of criminal sanctions for users of online games with the dimensions of online gambling from the perspective of criminal law. The research method uses normative juridical research which refers to secondary data that reveals data that takes the truth obtained from the literature and the field by combining regulations, scientific books that are related to this research. The results of the study found that the form of online games with the dimensions of online gambling in the aspect of criminal law that online games with dimensions of online gambling through the internet network is a form of gambling in which the entire process is both the stakes, the games and the collection of money via the internet which of course the players have to do. an upfront deposit before being able to play online gambling games. Forms of online gambling games found on internet networking sites, for example chips game higgs domino, sports gambling, texas holdem poker and casino gambling games. While the application of criminal sanctions for users of online game games with the dimension of online gambling from a criminal law perspective, of course, still refers to the provisions of Article 303 of the Criminal Code and Article 303 bis of the Criminal Code and Law No. 11 of 2008 concerning Information and Electronic Transactions as amended by Law no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions.

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