Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
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
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<![CDATA[Kajian Yuridis Tentang Berita Hoax Pada Media Sosial Ditinjau Dari UU ITE Nomor 11 Tahun 2008 ]]>
<![CDATA[Rehulina Rehulina]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.912
<![CDATA[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]]>
<![CDATA[Tinjauan Yuridis Terhadap Proses Perencanaan Dan Pembangunan Daerah Dalam Penyelenggaraan Pemerintahan Dan Pembangunan Daerah Provinsi Sumatera Utara (Studi Pada Bappeda Provinsi Sumatera Utara) ]]>
<![CDATA[Ervina Sari Sipahutar]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.918
<![CDATA[AbstractDevelopment by Bappeda (Development Planning Agency at Sub-National Level) always places, maintains and develops the development plans in the regions so that the results of this study can be used as an effort to implement the planning system and the regional development process. It is hoped that safe, smooth, orderly, healthy and efficient life and livelihoods can be realized in the well planned spatial utilization. Planning and development processes are arranged systematically and sequentially using qualitative and educative data. The collected data will be analyzed using a thinking method starting from the general thing. Any assumptions about reality or social phenomena will be drawn to new information to be used as achievement, building in planning a directed and integrated development process. When planning always goes increasing, a development planning in each region is needed through regional planning. The planning are oriented towards the future and seek to build a community with long-term and large-scale planning. In accordance with Law No. 2 of 2004 concerning the National Development Planning System, which also refers to Government Regulation No. 41 of 2007 concerning Regional Device Organizations. Regional development planning is basically a plan that shapes the community system against the faced conditions to realize development in the region. In practice, the implementation of development in the regions is based on the planning and development process in the above areas involving agencies in the province by the Provincial Bappeda. To accommodate the community's desire for development, a bottom-up planning system is adopted. This is actually participatory planning. The lowest stage in the regional development coordination meeting will be followed at a higher level. The realization of the Bappeda of North Sumatra Province is to develop a regional development plan both long-term, medium-term, short-term, poverty alleviation, and to coordinate all development plans with vertical agencies and agencies in the North Sumatra province. Keyword: Regional Development Planning, Organizing governance and development, the Role of the Regional Development Planning Agency]]>
<![CDATA[Tindak Pidana Diskriminasi Terhadap Anak Akibat Perceraian Orangtua ]]>
<![CDATA[Syarifuddin Syarifuddin]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.913
<![CDATA[AbstractLegal protection for children is constitutionally guaranteed under Article 28 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and strengthened through the ratification of the International Convention on the Rights of the Child, namely the Ratification of the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 concerning the Ratification of the Convention On The Rights of The Child (Convention on the Rights of the Child. The State, Government, Regional Government, Community, Family and Parents are obliged and responsible for the implementation of child protection to ensure the fulfillment of children's rights based on their duties and responsibilities. Protection of children must be able to provide guarantees for children to live, grow, develop in accordance with their dignity, and give children the right to express and hear their opinions in accordance with their age and level of intelligence with the principle of the best interests for children. Divorce done by parents has a negative impact on the child's growth and development, both physically and psychologically. Due to the parent's attitude, the child will become a victim for quite a long time; especially when the child is unable to go through the transition from the family condition,it will make child victim of the umpteenth time due to the behavior / attitude of adults (his own parents). Discrimination against children causes a child to suffer material or moral losses that impede his social function so that the offender can be convicted of discrimination against children. Keywords: discrimination, child, divorce]]>
<![CDATA[Kafaah Sebagai Pertimbangan Dalam Perkawinan Menurut Mazhab Syafi’i ]]>
<![CDATA[Abu Bakar Khazali]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.914
<![CDATA[Abstract Kafaah concept as one of the considerations of marriage according to Syafi'i’s School is used as a luzum condition or a prerequisite for marriage. It means that the marriage of the unfaithful couple is still legal. Only if the guardian disagrees with the marriage, he or she has right to cancel the marriage. The appointment of Imam Shafi'i’s school is oriented to mutual benefit that is to avoid the disunity of the family and to avoid the appearance of disgrace due to unmarried marriage. Thus, it can be simplified to say that a woman may marry a non-perforated man as long as she agrees with this and so does her guardian. Or the guardian may marry a woman with a non-perforce as long as the woman is told about her future husband's condition clearly and she accepts it so the marriage is legal.Keywords: Kafaah, marriage]]>
<![CDATA[Pengaturan Pemeriksaan Setempat (decentee) Dalam Peraturan Perundang-Undangan Di Indonesia ]]>
<![CDATA[Maria Rosalina]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.909
<![CDATA[AbstractProof is one of the important and decisive stages in the trial process in civil procedural law because the result of this verification can be used by judges, who try cases in providing legal considerations to make decisions, so that the judges can make decisions based on real legal facts, and provide legal satisfaction to justice seekers. One of the proofs used by judges in the trial is the local examination (decentee). However, this local examination is not included in the evidence set by Article 1866 of the Civil Code and Article 164 HIR / Article 284 of the RBG, namely proof of letters, evidence of witnesses, allegations, confessions, and oaths. Based on this, it raises problems, namely how to regulate the local examination in the legislation in Indonesia, who can request a local examination, and what obstacles are encountered when the local examination is carried out. Keywords: regulation, local examination, legislation]]>
<![CDATA[Pembentukan Undang-Undang Etika Lembaga Perwakilan (Sebuah Kajian Akademik) ]]>
<![CDATA[Marzuki Marzuki]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.915
<![CDATA[Abstract To strengthen parliamentary institutions, in 2016 there was a study of the essence of the establishment of a law on the ethics of representative institutions to regulate the ethics of representative institutions both in internal and external relations. In this context, ethics is more synonymous with human attitudes and behavior, and with not institutions, so basically ethical issues are sufficiently regulated internally. But, the needed is the Law on the Relationship of Representative Institution Work Procedures because in practice the clash often occurs between State institutions, such as the DPR (House of Representatives) and DPD (Regional Representative Council), the Judicial Commission and the Supreme Court, which is legally constitutionally regulated in the 1945 Constitution of the Republic of Indonesia. Keywords: Establishment of Law, Ethics of the House of Representatives]]>
<![CDATA[ANALISISTENTANG PENYALAHGUNAAN NARKOTIKA DI KALANGAN SISWA DITINJAU DARI SEGI KRIMINOLOGI ]]>
<![CDATA[Indra Kumalasari M.]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.910
<![CDATA[AbstractNarcotics abuse nowadays involves many teenagers, especially junior high school students. In 2017, the urine test result conducted by BNN (Indonesian National Narcotics Agency) in Asahan District finds that students whose urine tests are positive consume the first narcotics group marijuana. This research was conducted qualitatively with case studies. Data collection is done by In-depth Interview, documentation, and observation. Informants were selected by purposive sampling. The result of the study shows that the students positively consuming narcotics receive unfavorable treatment from school, and they do not get criminal penalties because they are considered as in the trial and error stage. However, the assessment by BNN in Asahan District proposes that the students should take the ongoing rehabilitation and counseling guidance accompanied by schools, parents and a doctor and psychologist of BNN in Asahan District. Keywords: criminology, narcotics, student]]>
<![CDATA[Manusia Moralitas Dan Hukum ]]>
<![CDATA[Sutarni Sutarni]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.916
<![CDATA[AbstractHumans, values, morals and laws are things that are interrelated and mutually supportive. As citizens, we need to learn, appreciate and carry out sincerely about values, morals and laws in order to create harmony and harmonious life.Basically values, morals and laws have function, namely to serve humans. There are three explicit functions in human life, namely: first, to remind humans to do good for themselves and others as part of society; second, to draw attention to moral issues that are not addressed by humans.Keywords: Human, Morality and Law]]>
<![CDATA[PELAKSANAAN LELANG HAK TANGGUNGAN PADA BANK BNI SYARIAH KANTOR CABANG MEDAN ]]>
<![CDATA[Jumiati Jumiati]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.911
<![CDATA[Abstract Financing provided by the Bank does not rule out the possibility of causing various consequences such as: sluggish payment, special attended payments and even congested payments. Therefore, before financing is provided, the Bank will definitely ask for guarantees to the recipient of the financing, with the aim that the financing provided can be returned based on the agreement between the Bank and the recipient. The binding of Underwriting Rights is one of the guarantee institutions that can be carried out with various land rights as regulated in the Basic Agrarian Law (BAL) such as Ownership Rights, Building Rights and Cultivation Rights. The law Number 4 of 1996 concerning Underwriting Rights to Land Article 6 states that the first Underwriting Right holder has the right to sell provided guarantees through the Underwriting Right guarantee institution on his own authority through a public tender method. Because of this, the financing provider or the Bank can directly conduct an auction to the collateral for financing provided by the recipient. This study aims to find out how Medan Branch Office of PT. Bank Negara Indonesia Syariah conducts an auction of provided collateral items if the financing is congested. The auction conducted by the State Property and Auction Service Office (KPKNL) is the last solution if between the financing provider (Bank) and the recipient of the financing does not find a solution by means of deliberation and consensus. There is the issuance of the Finance Minister’s Regulation Number: 93 / PMK.06 / 2010 of 2010 concerning the Implementation Guidelines for Auction as the latest auction regulation that is currently in effect. Therefore, if an auction occurs at Medan Branch Office of PT. Bank Negara Indonesia Syariah, it is conducted by the State Property and Auction Service Office (KPKNL) according to the Finance Minister’s rule.Keywords: auction, mortgage rights. ]]>
<![CDATA[Analisis Yuridis Terhadap Kedudukan Keuangan Negara Dalam Penyertaan Modal Daerah Pada BUMD Berbadan Hukum Perseroan Terbatas ]]>
<![CDATA[Muhammad Ridwan Lubis]]>
<![CDATA[ Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 1 (2018): Edisi September 2018 ]]>
Publisher : <![CDATA[Universitas Islam Sumatera Utara ]]>
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DOI: 10.30743/jhk.v18i1.917
<![CDATA[AbstractThe position of the State Finance as a separated asset which is included as regional capital in BUMD (Regional Owned Enterprises) incorporated as a limited liability company becomes the property of BUMD Persero and disconnected from the State / Regional Finance so that if the BUMD loses in carrying out its activities. If the loss is caused by an error or negligence of the Directors / management through examination and determination by a Public Accountant Consultant; consequently, the Directors / management can be prosecuted in civil but not criminal cases. BUMN (State-Owned Enterprises) /BUMD must submit to the State Finance Law because management and supervision are subject to the laws of a limited company, not following the APBN (Budget for State Revenues and Expenditures) or APBD (Budget for Regional Revenues and Expenditures) system. Keywords: BUMD, Public Money, Private Money]]>
