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INDONESIA
DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
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
Usia Kawin Perempuan dalam Paradigma Hukum Islam Nur Anissa; Arfin Hamid; Ratnawati Ratnawati
DOKTRINA: JOURNAL OF LAW Vol 4, No 1 (2021): Doktrina:Journal of Law April 2021
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v4i1.4253

Abstract

Islamic law does not determine the age of marriage for women, but only provides the conditions according to the Surah An-Nur Verse (6) and (32), Marriage may be carried out if it is old enough or fit for marriage or maturity". The Islamic Law Compilation (KHI) determines the age of marriage if it reaches the age of 16 years, this is subject to debate because national law determines the age of 16 years is the age of children or minors who still need education or physical and mental maturity. This study aims to analyze the paradigm of Islamic law on the age of marriage for women, the normative aspects of female marriage at an early age and the implementation of early marriage for women. This study uses a normative approach, namely examining existing problems normatively and factually using applicable laws and regulations and legal theories supported by literature data studies, research is carried out by examining library materials to obtain secondary data. The scholars agree that women can marry if they have adults with characteristics, namely: First, physically able (physically) marked by menstruation usually occurs at the age of 9 to 17 years. The second requirement is being able to be psychologically related to the education or way of thinking of a woman to deal with various conditions in marriage. The factor of a woman's maturity varies in each region because it is influenced by culture, women's physicality (reproduction), education and so on. In this era of globalization, with the factors mentioned above, it is ideal for women to marry when they are 21 years old.
Tindak Pidana Mengedarkan Sediaan Farmasi Tanpa Izin Edar Menurut UU No. 36 Tahun 2009 Tentang Kesehatan (Studi Putusan Nomor: 739/Pid.Sus/2014/PT-Mdn) Afifah Naurah salsabilla Nasution; Dedi Gopindo Purba; Juwanda Calvari Ginting Munthe; Sonya Airini Batubara
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3945

Abstract

The rise of drug distribution without a marketing authorization in society is very concern us as members of the community. This shows the level of public awareness of the law is still very low so it tends to commit criminal acts including the distribution of pharmaceutical preparations without marketing authorization. This research was conducted to find out how the legal arrangements against criminal acts circulate pharmaceutical preparations without marketing authorization and the efforts made to overcome them. This research uses normative juridical methods by using secondary data through literature studies. The results of the research conducted can be concluded that the crime of distributing pharmaceutical preparations without marketing authorization regulated in Law No. 36 of 2009 concerning Health functions as optimizing criminal law as a means of preventing crime. The application of this Act is expected to ensnare perpetrators of criminal offenses to circulate pharmaceutical preparations without marketing authorization. As well as the efforts that can be made in handling these criminal acts are carried out with penal and non-penal policies.
Analisis Terhadap Ketua Yayasan yang Rangkap Jabatan Di Indonesia: Sebuah Potensi Konflik Kepentingan Xavier Nugraha
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4110

Abstract

The aim of this legal research is toto analyze the relationship between the head of the foundation who has concurrent positions so that there is the potential to create a conflict of interest. The formulation of the problem in this study is First, namely, how is the chairman of the foundation's arrangement in Indonesia? and Second, namely, how are provisions related to concurrent positions that can cause conflicts of interest to the chair of the foundation in Indonesia? This research is legal research using a statutory and conceptual approach. Based on this research, it was found that there are two models of concurrent positions that have the potential to cause conflicts of interest, namely concurrent positions with internal positions and concurrent positions with external positions. In Indonesia, related to the chairman of the foundation, what is banned is a dual position with an internal position, such as supervisors and supervisors. Associated with the chairman of a foundation who has concurrent positions with an external position, such as being an administrator in a different foundation is not prohibited, but if the concurrent positions cause the foundation's chairman, it harms the foundation, then the chairman of the foundation can be dismissed, and even has the potential to be held personally responsible.
Penolakan Masyarakat Terhadap Pengesahan Omnibus Law Cipta Kerja dalam Perspektif Sosiologi Hukum Hesty Kartikasari; Agus Machfud Fauzi
DOKTRINA: JOURNAL OF LAW Vol 4, No 1 (2021): Doktrina:Journal of Law April 2021
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v4i1.4482

Abstract

AbstrakTujuan dari penulisan jurnal ini adalah untuk mengetahui bagaimana respon masyarakat terhadap UU Cipta Kerja yang terlah disahkan oleh DPR RI. Teknik pengumpulan data yang digunakan yaitu studi literatur. Hasil pembahasan menyatakan bahwa pengesahaan RUU yang disahkan dalam sidang Paripurna pada 5 Oktober 2020 menuai beragam reaksi dari masyarakat. Banyak elemen masyarakat yang tidak setuju dengan pengesahaan UU Cipta Kerja tersebut. UU Cipta Kerja dinilai tidak memihak pada masyarakat terutama kaum buruh. Beberapa pasal dalam UU Cipta Kerja dinilai merugikan kaum buruh. Salah satunya mengenai uang pesangon dan nilai santunan yang diturunkan. Banyak masyarakat yang kontra dengan pengesahaan UU tersebut. Masyarakat, terutama yang berasal dari elemen buruh dan mahasiswa melakukan aksi demo di berbagai wilayah untuk menolak pengesahaan UU Cipta Kerja. Di Sidoarjo demo dilakukan oleh para buruh dan mahasiswa di depan gedung DPRD Sidoarjo pada Kamis 8 Oktober 2020. Beberapa elemen mahasiswa turun ke jalan dan mendatangi gedung DPRD dan menyampaikan tuntutan penolakan atas pengesahaan UU Cipta Kerja.Kata kunci: Pengesahan, UU Cipta Kerja, MasyarakatAbstactThe purpose of writing this article is to find out how the public responds to the UU Cipta Kerja which has been legalized by the Indonesian Legislative Assembly. The data collection technique that being used literature review. The results of the discussion stated that the ratification of the RUU which was passed in Sidang Paripurna October 5, 2020, attracted various reactions from the public. Many elements of society expressed their with the passage of the UU Cipta Kerja. UU Cipta Kerja is considered to be impartial to the community, especially the workers. Several articles in the UU Cipta Kerja are considered to be detrimental to workers. One of them is regarding severance pay and lowered compensation value. Many people contravene the legalization of the law. The community, especially those from labor and student elements, held demonstrations in various regions to reject the ratification Creation of the UU Cipta Kerja. In Sidoarjo a demonstration was held by workers and students in front of the Sidoarjo DPRD building on Thursday, October 8, 2020. Several student elements took to the streets and came to the DPRD building and submitted demands for rejection of the ratification of the UU Cipta Kerja.Keyword: legalized, UU Cipta Kerja, Society
Penerapan Pelayanan Kesehatan Bagi Peserta BPJS yang Kurang Mampu Berdasarkan UU No. 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial Sonya Airini Batubara; Piters Alfredo Sihombing; Perimanta Riji Ginting; Heru Putra Perangin-Angin
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3949

Abstract

The implementation of health services is carried out through organizations to maintain and improve health, prevent and cure an illness and restore the health of disadvantaged people. The purpose of this study is to understand government policies and legal policies in the BPJS Health service delivery system for disadvantaged BPJS participants. The research method used by the writer is analytical descriptive method, which is a method that describes, examines, explains and analyzes a legal rule to solve an actual problem. Based on the results of the study, it was concluded that in order to fulfill and realize the rights of every citizen in obtaining appropriate health services and the government's obligation to provide health facilities as mandated by the 1945 Constitution and health is a Public Good, intervention from the Government is needed. Bearing in mind that the implementation of the BPJS is issued through a Law which regulates while the process of determining the implementation is strengthened through a decree or decree from an authorized state official such as a Government Regulation and Presidential Regulation at least 10 derivative regulations must be made to strengthen an BPJS implementation.The implementation of health services is carried out through organizations to maintain and improve health, prevent and cure an illness and restore the health of disadvantaged people. The purpose of this study is to understand government policies and legal policies in the BPJS Health service delivery system for disadvantaged BPJS participants. The research method used by the writer is analytical descriptive method, which is a method that describes, examines, explains and analyzes a legal rule to solve an actual problem. Based on the results of the study, it was concluded that in order to fulfill and realize the rights of every citizen in obtaining appropriate health services and the government's obligation to provide health facilities as mandated by the 1945 Constitution and health is a Public Good, intervention from the Government is needed. Bearing in mind that the implementation of the BPJS is issued through a Law which regulates while the process of determining the implementation is strengthened through a decree or decree from an authorized state official such as a Government Regulation and Presidential Regulation at least 10 derivative regulations must be made to strengthen an BPJS implementation.
Perlindungan Hukum Hak Waris Anak dari Perkawinan Poligami yang Tidak Dicatatkan (Studi Putusan Mahkamah Agung No. 671K/Ag/2015) Fitri Ayu Sari Wijaya
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4140

Abstract

The legal protection for the children from unregistered polygamous marriages can be gained through an application for itsbat marriage or marriage ratification to the Religious Court pursuant to Article 7 paragraph (2) of the Compilation of Islamic Laws. The application is submitted to the Religious Court. By the decree stipulated by the court, the children from the unregistered polygamous marriages will gain legal status as legitimate children. The inheritance right status of the children according to the Compilation of Islamic Laws is granted only to children who have nasab relationship or blood relation with the mother and mother’s family, pursuant to Article 100 of the Compilation of Islamic Laws. The Verdict of the Supreme Court Number 46/PUU-VIII/2010 is resulted from a judicial review to Article 43 of Marriage Act stating that the children from unregistered marriages also obtain the similar inheritance right status as the children from a registered one. The legal consideration of the judge in the Verdict of the Supreme Court Number 671 K/Ag/2015, according to the legal certainty stipulated in the laws, is already right, since it is in line with the provisions in Article 2 paragraph (1) and (2), Article 42 and Article 43 of the Marriage Act due to the absence of the marriage certificate that can prove when the marriages took place. However, the verdict has not fulfilled the justice value of inheritance right of children from the unregistered polygamous marriage
Demo Penolakan RUU Cipta Kerja dalam Kacamata Teori Konflik Sosiologi Ferdi Gultom; Agus Machfud Fauzi
DOKTRINA: JOURNAL OF LAW Vol 4, No 1 (2021): Doktrina:Journal of Law April 2021
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v4i1.4868

Abstract

RUU Cipta Kejra is part of the Omnibus Law in the ratification of many verses which are in the context of controversy. The ratification of the RUU Cipta Kerja invites conflict between workers and the government. Both parties experienced collisions, which resulted in demonstrations on 8-10 October. The demonstration involved workers and students. The demonstration was also chaotic because of the elements who carried out acts of fandalism. The purpose of this paper is to discuss the rejection of the RUU in the View of Sociological Conflict Theory. So this paper will discuss how the demonstration was carried out from a sociological perspective, particularly in sociology of law through conflict theory. This paper uses the literature study method, which data sources come from secondary sources obtained through news sources, articles, journals, and books. Then from the data obtained, it is processed and analyzed using Conflict Theory. The results of this study were demonstrations caused by conflicts between students and workers and the government. There are several factors that led to the demonstration, namely, First, communication between workers and the government. Second, there is a change in the balance in society where the workers are threatened by their human rights. Third, interests. Fourth, there is pressure from the past or unresolved problems, where the reserves of workers are not fulfilled.
Penerapan Surat Dakwaan oleh Jaksa Penuntut Umum Berdasarkan Hukum Positif Indonesia Freddy Simanjuntak; Dianita Eka Hutabarat; Widya Estella; Dendy Natalius Purba
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3950

Abstract

An indictment is a letter made or prepared by the public prosecutor attached when submitting a case file to the court containing the name and identity of the criminal when and where the act was carried out carefully and clearly regarding the act committed. The purpose of this study is to understand the application of the indictment by the public prosecutor based on positive Indonesian law. The research method used by the writer is a descriptive analytical method, which is a research method that illustrates and explains the topic or title as well as the problems that arise from the topic through a literature study. will cause the defendant to be released from all charges or result in the cancellation of the indictment itself. The Public Prosecutor must pay attention to the selection of the indictment and editorial technical forms.
Penetapan Daluwarsa dalam Pertanggungjawaban Notaris Terhadap Akta yang Dibuatnya Eunice Primsa Munthe
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4050

Abstract

Notarial Act (UUJN-P) does not stipulate the perimeters of notaries’ liability concerning the deeds they have drafted, resulting uncertainty to notaries or retired notaries that they are shadowed for life by sentences that can be imposed anytime. This is a normative juridical research with analytical description. It uses primary data collected from interviews with two notaries, and secondary data collected from primary, secondary, and tertiary legal materials. Article 1967 of the Civil Code states that the time period of an expiration date was 30 years. Meanwhile, Article 78 paragraph (1) number 3 states that lawsuits in a penal case are expired in twelve years. The form of notaries’ liability for provisions of the expiration dates that cannot be implemented for the deeds they have drafted have to still be liable in civil law, penal law, Regulations on Notary Position concerning material authenticity, and the code of ethics of notaries in performing their duties. That there is not any provisions in the Notarial Act that regulate notaries’ liability after they completed their term of office.The provisions on expiration dates of notaries’ liability are not assertively stipulated in the Civil Code, but there is not any provisions on its enactment to notaries as a legal subject. It is recommended that more specific provisions be made to regulate the expiration dates. It is suggested that the goverment of Indonesian create a particular regulation concerning the limitations of notaries’ liability for the deeds that they have drafted after their term of office ends. It is also suggested that notaries be truthful, conscientious, independent and impartial in drafting deeds and providing services, and comprehend as well as have knowledge of provisions in the prevailing laws and regulations, propriety, and morality.
Asas Ultimum Remedium/The Last Resort Principle Terhadap Pelaku Usaha dalam Hukum Perlindungan Konsumen Beby Suryani Fithri; Riswan Munthe; Anggreni Atmei Lubis
DOKTRINA: JOURNAL OF LAW Vol 4, No 1 (2021): Doktrina:Journal of Law April 2021
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v4i1.4918

Abstract

Consumer protection should receive more attention, because foreign investment has become part of Indonesia's economic development, where the Indonesian economy is also related to the world economy which can have negative implications for consumers. This study aims to determine the adoption of the ultimum remedium principle in consumer protection law and to determine the ultimum remedium principle of business actors in consumer protection law. The research method used is a normative juridical research method with secondary data source and analyzed deductively. The research desire to be achieved in consumer protection is to create a sense of security for consumers in meeting the needs of life. It is proven that all consumer protection norms in the Consumer Protection Law have criminal sanctions. The presence of criminal sanctions in consumer protection regulations is a form of ultimum remedium (the last alternative) when resolving consumer protection disputes through other legal channels is not sufficient.

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