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INDONESIA
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 98 Documents
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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.
Akad Jual Beli yang Dilarang Prespektif Hukum Islam Harisman Harisman; M.Yadhi Harahap
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.8925

Abstract

This study discusses buying and selling contracts which are prohibited from the perspective of Islamic law. Basically, Islam itself allows buying and selling anything as long as it does not conflict with Shari'a law. But in reality, in practice there are still many buying and selling that are prohibited from being carried out. Normative research was carried out by searching the verses of the Qur'an, hadith and literature that are related to this discussion. The results of the search are analyzed qualitatively and are described with the aim of obtaining an explanation as intended in the discussion. Based on the study, it was found that several types of sale and purchase agreements were prohibited, including: 1) Selling and buying khamr, carrion, pigs and statues, 2) Selling and buying under subterfuge, 3) Selling and buying Gharar, 4) Selling and buying Najsy, and 5) Selling Buy usury.
Penerapan Sanksi Terhadap Penjual Rokok Impor Tanpa Pita Cukai di Kota Pekanbaru Berdasarkan UU No. 39 Tahun 2007 Tentang Perubahan Atas UU No. 11 Tahun 1995 Tentang Cukai Widi Pregiati Widi
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.9920

Abstract

This research discusses the application of sanctions against sellers of imported cigarettes without excise stamps in Pekanbaru City and the obstacles and efforts to overcome them in implementing sanctions against sellers of imported cigarettes without excise stamps in Pekanbaru City. The type of research used is sociological/empirical legal research with a statutory and case approach. Data analysis is qualitative, drawing conclusions inductively using qualitative analysis methods. The results of the research show that the application of sanctions to sellers of imported cigarettes without excise stamps in Pekanbaru City has not been implemented properly based on the regulations on Excise, where the application of sanctions is in the form of written warnings against violators while the criminal sanctions of fines and imprisonment have not been applied. Obstacles from legal factors, law enforcement or government officials, facilities or facilities and the community. Factors that law enforcement officials should propose additional staff; it would be better for the central government to evaluate the performance of KPPBC Middle Type Customs B Pekanbaru officers, if necessary, transfers should be carried out; It would be better for KPPBC Officers of Middle Type Customs B Pekanbaru to apply fines and imprisonment to large distributors and importers.
Analisis Yuridis Konsep Pemilihan Umum Serentak di Indonesia Lusin Tammu
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.10023

Abstract

This study aims to analyyze the Regulasion for the Birth of the Simultaneous General Election Concept in terms of contitutional interpretation and the choices of the Simultaneous General Election implementation model as alternative model for holding contitusional election in accordance with the decisions of the constitutional court. The type of research used is normative research. The approach used is a statutory approach and a conceptual approach. The legal materials used are primary legal  materials, and tertiary legal materials.The results of this study indicate that the birth of the Simultaneous General Election Regulation  as well as from a historical interpretation point of view, namely based on discussions in the amendements in the 1945 constitution and the original intent  wanted the birth of the election concept with a five ballot box model, the Simultaneous General Election that are considered constitutional and the ideal model from various perspectives is the implementation of local and national elections.
Analisis Konstruksi Hukum Perpanjangan Masa Jabatan Kepala Desa Menjadi Sembilan Tahun dan Implikasinya Terhadap Demokrasi Hujriman man
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.10201

Abstract

Indonesia is a legal state that adheres to the current democratic system. A legal state upholds the constitution and limits on powers. The tenure of the Village Head is regulated by Law Number 6 of 2014 concerning Villages which regulates the tenure of the Village Head for 6 years for 3 periods. However, over time the DPR initiated to change the tenure of the Village Head to 9 years for 2 periods. This is a descriptive study focusing on the legal construction of extending the tenure of office of the Village Head to 9 (nine) years in the perspective of constitutionalism and a democratic system. This research used normative juridical method with statutory, historical, and conceptual approaches. The results show that extending the tenure of the village head to 9 years is contrary to the spirit of the legal state and constitutionalism and it indicates the setback to democracy.
Tanggung Jawab Hukum Perawat yang Melakukan Tindakan Medis di Luar Kewenangan Berdasarkan UU No. 38 Tahun 2014 Tentang Keperawatan Aisah Berlianti; Djoko Purwanto
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.10264

Abstract

The purpose of this research is to determine the legal responsibility of nurses who carry out medical procedures outside their authority based on Law Number 38 of 2014 concerning Nursing and the Responsibility of health workers who carry out medical procedures outside their authority based on Law Number 36 of 2014 concerning health workers.  The type of research used is normative juridical research which refers to the use of conceptual and statutory analysis, where the material comes from primary legal materials, secondary legal materials and tertiary legal materials. The results found that nurses should only carry out nursing care actions in accordance with the Nursing Law and in accordance with the Regulation of the Minister of Health of the Republic of Indonesia Number 26 of 2019 concerning Implementing Regulations of the Nursing Law which requires nurses to carry out their duties by being equipped with a nurse registration certificate and a permit. Nurse practice Nurses who carry out medical procedures without authority will incur criminal, civil and administrative liability. With actions taken by nurses without authority, this can result in losses for many parties, both material and immaterial losses and will worsen the good image of health workers, especially nurses.
Perspektif Hak Asasi Manusia Terhadap Terpidana Hukuman Mati Menurut UU Nomor 1 Tahun 2023 Tentang KUHP Sayafrizal Sayafrizal; Annisa Suryani Putri
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.10282

Abstract

This article will discuss human rights from the perspective of law number 1 of 2023 concerning the criminal code and the death penalty mechanism in Indonesia. This research method is a qualitative literature study method by collecting both primary and secondary library sources. The death penalty as a special type of crime in the new Criminal Code is regulated from Article 98 to Article 102. The reforms that have been carried out in the new Criminal Code, the judge imposes the death penalty with a probation period of 10 years. This is contained in Article 100 of Law Number 1 of 2023 concerning the Criminal Code. Article 100 paragraph (1) of the Criminal Code stipulates that the judge imposes the death penalty with a probation period of 10 years by taking into account the defendant's feelings of remorse and the hope of improving himself or the defendant's role in the crime. In Article 100 paragraph (2) it is explained that the death penalty with a probationary period as intended in paragraph (1) must be included in the court decision. then when he shows commendable attitudes and actions during the probation period, the death penalty can be changed to life imprisonment.
Tantangan Perlindungan Dana Nasabah pada Layanan Equity Crowdfunding di Era Industri 4.0: Analisis Peraturan OJK Wandra Wardiansha Purnama
DOKTRINA: JOURNAL OF LAW Vol. 6 No. 2 (2023): Doktrina:Juornal of Law Oktober 2023
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v6i2.10344

Abstract

This study analyzes customer fund protection within equity crowdfunding services in the Industry 4.0 era, with a focus on OJK regulations. The aim is to comprehend the responsibilities of organizers and their impact on public trust. The research employs a normative juridical method with a legislative approach and conceptual analysis of OJK regulations and relevant literature. The findings underline the need for stronger regulations to safeguard customer funds and maintain transparency within the services. Consequently, it is crucial for organizers adhere regulations to sustain public trust. In conclusion, enhancing customer fund protection in equity crowdfunding requires active collaboration among stakeholders and the updating of pertinent regulations.

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