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Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
Published by Universitas Islam Sumatera Utara
ISSN : 14121255     EISSN : 26139340     DOI : https://doi.org/10.30743/jhk.v20i2.3504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Kaidah (JHK) dikelola oleh Fakultas Hukum UISU bertujuan untuk mengimplementasikan permikiran-pemikiran bidang hukum, khususnya Hukum Pidana, Hukum Perdata, Hukum Tata Negara dan Hukum Islam. Kami mengundang para Akademisi dan Praktisi dalam bidang-bidang tersebut untuk memberi kontribusinya dan meningkatkan khazanah pengetahuan hukum. JHK memiliki ISSN Media Online : 2613-9340 yang dikeluarkan oleh Lembaga Ilmu Pengetahuan Indonesia Jurnal Hukum Kaidah mencakup tulisan keilmuan dari bidang hukum yaitu: Hukum Islam Hukum Pidana Hukum Perdata Hukum Internasional Hukum Transportasi Hukum Lingkungan E-Commerce Hukum Tata Negara / Hukum Administrasi Negara Hukum Adat Hukum Acara Hukum Kesehatan Alternatif Penyelesaian Sengketa
Arjuna Subject : Ilmu Sosial - Hukum
Articles 193 Documents
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Kajian Yuridis Tentang Berita Hoax Pada Media Sosial Ditinjau Dari UU ITE Nomor 11 Tahun 2008 Rehulina Rehulina
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i1.912

Abstract

Abstract             As part of information technology innovation, social media provides space for anyone to express their opinions and voice their thoughts, and so does it for society. Freedom to express opinions and thoughts or that of speech rights is the reason for hoax news maker to keep on spreading false news. Therefore, to prevent the spread of hoax news, the government, especially law enforcers, must give a warning in the form of strict sanctions for hoax news spreaders.               The research method used in this research is normative juridical research method by which this research refers to the legal norms contained in the legislation. Normative juridical research was conducted by analyzing research problems through approaches to legal principles and referring to legal norms contained in regulations closely related to the subject matter. The imposition of sanctions on hoax news dissemination actors that contain elements of provocation, blasphemy of hatred that can cause insecurity and disintegration will be snared by Law Number 19 of 2016 amendment to Law Number 11 of 2011 concerning Electronic Information and Transactions and Book of Criminal Law (Law No.1 of 1946 concerning Criminal Law Regulations).               Changes in technology provide convenience for everyone to do what they like and what they do not like. The use of internet networks and the large number of applications provide people to freely   download the application and use it anytime. This change makes society an information society. The presence of social media makes the community in a process of communication that is not centralized, but spread. Therefore, the people must get knowledge about the right information or hoax news that contains racial or religious issues, disintegration and laws and regulations related to hoax news. Some things that can be done to help people understand about this hoax news are by holding seminars, interactive dialogues or FGDs. Keyword: Hoax, electronic information technology law, Social Media
Upaya Hukum Pihak Ketiga Untuk Melakukan Perlawanan Terhadap Sita Jaminan Sugih Ayu Pratitis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 2 (2019): Edisi Januari 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i2.1169

Abstract

It is important to remember that credit risk is not only caused by the inability or unwillingness to pay from the debtor under normal circumstances. However, this can also be caused by other unexpected factors, such as natural disasters that have a direct impact on the debtor's business continuity. Therefore, there are efforts to rescue credit, including credit restructuring or providing new credit in the hope of restoring the business of debtors affected by the disaster. In order to assist in the recovery of these conditions, Bank Indonesia as the banking authority makes various efforts, among others, by issuing regulations to restore banking activities in the area of natural disasters. The problem in this study is how the efforts of third parties fight against seizure guarantees that have legal force, how the court attempts to delay the execution, how the legal consequences of resistance to seizure guarantees by third parties can result in the law being seized. This research is descriptive analysis. It is a study that describes the facts and data regarding the delay in credit payments in the disaster area of Sinabung eruption. This research applies library research and field research. Based on the results of the study, the policy carried out was related to the postponement of credit payments by debtors after the eruption of Mount Sinabung to date. Bank Indonesia has not yet determined specific policies and imposed special provisions on bank customers in the Mount Sinabung eruption area. This is because the Mount Sinabung disaster is not yet a national disaster, so the policy of delaying payments for customers still depends on the policies of each bank in the Karo district, as the affected area of the Sinabung eruption. The Civil Code's view of the policy of postponing credit payments after the eruption of Mount Sinabung      was a natural thing to do, considering that the debtors failed to fulfill due to the incompetence of the debtor because of the force of the debtor. Mount Sinabung is by way of rescheduling, reconditioning, restructuring the restructuring of loans given to the victims of the sinabung eruption victims.
Perbuatan Melawan Hukum Dan Menyalahgunakan Wewenang Dalam Tindak Pidana Korupsi Indra Gunawan
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 2 (2020): Edisi Januari 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i2.2390

Abstract

Acts against the law and abuse of authority in a criminal act of corruption are elements that determine whether or not an act can be declared a criminal act. Both of these acts are important to distinguish the boundaries in criminal acts of corruption and also interesting to talk about.There are two legal subjects in a criminal act of corruption, namely a person or every person and corporation as perpetrators and those who can be held liable for criminal acts of corruption committed by their management. Against the law (wederrechtelijk) is one of the elements of a criminal offense in article 2 paragraph (1)of the UUPTPK namely the special unlawful nature. It is referred to as a special unlawful nature because the word against law is explicitly stated in the offense formulation in article 2 paragraph (1) of the UUPTPK. Abusing is defined as the existence of rights or powers that are not carried out properly as it has benefited others, children, grandchildren, family or cronies.There is also misusing the opportunity or time on the perpetrators in connection with the position. Misusing advice means abusing equipment or facilities attached to the perpetrator because of his position.Key-words : Against the Law, Abuse, authority, Corruption Crime
Tanggung Jawab Hukum PT. Grab Indonesia Cabang Medan Dalam Pengangkutan Barang (grab express) Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen (Studi Di Kementerian Agama Provinsi Sumatera Utara) Melati Prana Rossi
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 3 (2020): Edisi Mei 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i3.2918

Abstract

At this time, communication and information encourage people to develop, both socially and non-socially along with the development of technology. Currently, there are transportations that can be booked and paid for online system. One type of transportation that uses this online system is Uber, Go-jek, and Grab. Grab is a Malaysian company, which operates in Indonesia which is engaged in the application of technology marketing in cooperation with the car rental company. Grab is doing deals that offer based on mobile applications. Uber application can be downloaded on service user smartphones. The purpose of this research is to find out and analyze the legal liability to consumers if the goods sent are damaged, and analyze what are the obstacles faced by the consumers to the driver if the goods sent are damaged.. Legal provisions in the liability of PT. Grab Indonesia, it is a company where its activities use application technology as a transaction tool to provide easy access for consumers to order goods and there are any obstacles faced by the consumers against Medan branch Indonesian Grab drivers. PT. Grab Indonesia applies 2 (two) forms of partnership agreement system, namely: a written partnership agreement system that is implemented when a Partner or driver registers for the first time at the branch office of PT. Grab Indonesia and the second, it can be done electronically. Partnership Cooperation Agreement in a written letter between partners or drivers with PT. Grab Indonesia can be known about the rights and obligations between partners / drivers and PT. Grab. Keywords:  Liability, PT. Grab Indonesia, Freightage (Grab Express)
Tinjauan Yuridis Terhadap Tindak Pidana Kepemilikan Senjata Api Tanpa Hak Oleh Masyarakat Sipil (Putusan Nomor : 79/PID.B/2016/PN.BLG) Sonya Airini Batubara
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 3 (2019): Edisi Mei 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i3.1186

Abstract

This study aims to find out how the criminal liability for abuse of firearms is. This study applies normative research method in which the research is conducted based on reading materials such as books, literature and legislation relating to the material to be discussed in this thesis. From the results of the study, it can be concluded that the act of abuse of firearms is that it has become a lifestyle, and causes a sense of self security because of the increasingly widespread circulation of illegal firearms in Indonesia. But the security of our society can actually be disrupted if they are unable to hold back their emotions and are less responsible. Keywords: Abuse, Firearms, Civil Society
Pelunasan Hutang Terhadap Jaminan Fidusia Adawiyah Nasution
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i3.594

Abstract

Abstract ASEAN Economic Community to create a highly competitive single production-based market to promote equitable economic development for all member countries and to integrate them with the global community; consequently the impact will make the competition in every field increasingly tight, including in education. To achieve the target as members of ASEAN Economic Community, it is obligatory for them to increase the adequate human resources and to be daring in ASEAN free market competition. Then, a question "Who is Human Resource?" appears. From education point of view, one of these resources is the lecturer. Then, the lecturers should play a role because they are the human resources in education and it is very necessary to improve their competence. Therefore, the role of the lecturers is expected to improve the quality of a university, especially in the campus environment and at least to be equal to the quality of education with other ASEAN members. This becomes a challenge for the lecturer as well. Keywords: Role of Lecturer, International Competition, ASEAN Economic Community
KEDUDUKAN ANAK ANGKAT DALAM PEMBAGIAN WARISAN MENURUT HUKUM ADAT BATAK TOBA Satria Braja Hariandja
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 2 (2019): Edisi Januari 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i2.1089

Abstract

 The result of this research shows that the position of adopted children in the inheritance distribution of the traditional law of Batak Toba  is still different from that of biological children so that in terms of mastery and ownership  the distribution causes injustice. However, the rights of adopted children in the Toba Batak tradition can be equated with those of biological children. It is because before a child is adopted or appointed, the child must pass a certain customary process to prove that he has been legally customary to become a clan of his adoptive parents. There is a shift in traditional values, and this is because there is no rule of adoption of children and its legal consequence.Those who have been adopted will be accepted as biological children and kinship arises between children and relatives in the dalihan na tolu environment. The research method used in this study is normative research by applying a statue approach and conceptual approach. Keywords: Adopted Child, Heritage, Batak Toba
Analisis Atas Keabsahan Perkawinan Beda Agama Hamdan Nasution
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 1 (2019): Edisi September 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i1.1909

Abstract

Marital status of different religions in the legal system in Indonesia is illegitimate. Marriage Law Number 1 of 1974 in Article 2 paragraph 1 reveals that marriage is legal if it is carried out according to the law of each religion and belief. It means that marriage can only take place if the parties (future husband and wife) follow the same religion. From the formulation of Article 2 paragraph 1, there are no marriages outside their respective laws and beliefs. Interfaith marriages are held abroad. Keywords: Analysis, Legitimacy, Interfaith Marriage
Peran Genre Narkotika Di SMA Negeri 1 Kualuh Selatan Dalam Pencegahan Pemberantasan Penyalahgunaan Dan Peredaran Gelap Narkotika (P4GN) Di Labuhanbatu Utara Indra Kumalasari M.
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 19, No 3 (2020): Edisi Mei 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v19i3.2678

Abstract

The findings about the students who use narcotics are originated from trial and error. It is very influential on the behavior of the students themselves. This happens due to the inactivity of the role of narcotics genre in the implementation of the prevention program to eradicate abuse and illicit drug trafficking in North Labuhanbatu Regency. The purpose of this study was to determine the role of the narcotics genre that had been formed at SMA Negeri 1 South Kualuh in order to prevent illicit drug trafficking among students. The results of this study showed that the students of SMAN 1 South Kualuh has established the Narcotics Genre as an effort in the prevention of illicit trafficking of narcotics  as well as the mandate of law No. 35 of 2009 on narcotics. However, the narcotics genre that has been formed has not been as effective as its role because it is only active at the provincial level competition for the role of narcotics genre. Knowledge about the danger of narcotics that have legal sanctions for the dealers and users is still not good in mastering the basic material. It is expected that the school will provide better material knowledge about the danger of narcotics and the school is more active in involving academics in this case those who have the main role include law enforcement, local government or North Labuhanbatu BNNK. Moreover, it is suggested for the local governments to be more active and to support the Narcotics Genre which already exists as well as at SMA Negeri 1 South Kualuh in North Labuhanbatu. Keywords: Narcotics GenRe Role in Prevention and Eradication
Pertanggungjawaban Pidana Terhadap Pencurian Barang Penumpang Pesawat Studi Dibandara Udara Kualanamu Internasional Airport Anjani Sipahutar
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i1.3469

Abstract

This study aims to determine that there are still many events that are still require the liability from the commercial air transportation company, both from the carrier company and those who are related to the carrier, such as flight delays (flight delay) either caused by weather factors or internal factors from the carrier company, the occurrence of negligence from the transport officer which causes the loss of goods owned by passengers, or because of there is an event for which the reason is unknown so that the aircraft experiences interference during the flight, from the results of this research it can be seen that the carrier operating the aircraft is obliged to be responsible for losses against:a. passengers who died, disability or injury;b. lost or damaged of the cabin baggage;c. lost, destroyed, or damaged of the checked baggage;d. lost, destroyed, or damaged of the cargo;e. delay in air transportation; andf. losses suffered by third partiesas well as who are the parties involved, the requirements that must be fulfilled and how the rights and the obligations of the parties are fulfilled, as well as other provisions in its implementation if a passenger's goods are lost or damaged and provide a description of its protection.Keywords : Liability, Theft of Goods, Aircraft Passengers, Kualanamu International Airport.

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