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INDONESIA
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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PUTUSNYA PERKAWINAN AKIBAT SUAMI MENIKAH TANPA IZIN DARI ISTRI Suhaila Zulkifli
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.v18i3.1184

Abstract

Marriage is one of the Sunnahtullah that applies to all creatures created by Allah SWT, including humans, animals and plants. Marriage is defined as an agreement between men and women. Many families experience destruction because each individual runs without a clear guideline, as contained in Islamic teachings about marriage. Divorce is essentially a process in which the relationship between husband and wife does not meet harmony in marriage anymore. Regarding the definition of divorce, the marriage law does not regulate explicitly, but only determines that divorce is only one reason for the breakup of marriage besides other causes, namely death and court decisions. In this study, the author's team discussed a problem regarding the termination of marriage caused by a husband who is married without his wife's permission. The research is a normative juridical study using legislation review approach, and this study also applies primary, secondary and tertiary legal materials. The writing technique made by the writing team is descriptive analytical by which the obtained data is then arranged systematically to be subsequently analyzed to reach a conclusion. Keywords: marriage, polygamy, divorce
Pengaturan Pemeriksaan Setempat (decentee) Dalam Peraturan Perundang-Undangan Di Indonesia Maria Rosalina
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.v18i1.909

Abstract

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
PERLINDUNGAN ANAK TERLANTAR MENURUT HUKUM ISLAM Sulaiman Tamba
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.v18i2.1102

Abstract

AbstractChild protection in Islam is known as Hadhanah. Hadhanah is a child care by parents. In general, children are related to the biological relationship between man and woman. This research applies descriptive method through normative approach (legal research), which is based on the facts in the field that are questionable, carried out by examining various aspects in terms of applicable laws and regulations. A neglected child is not regarded only as a poor one begging under the red lights. But, the neglected children also include children whose needs are not fulfilled as stipulated in the law. Child care is ultimately the responsibility of both parents. The care in this case contains a variety of problems relating to the needs of children, whether it is economic problems, education, the right to life and everything that becomes a child's basic needs, with both parents are still in one family or divorced. From the needs of children which are not fulfilled and other factors, neglected children are ones whose basic needs are not fulfilled. Keywords: Legal Protection, Child, Neglected
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANAK (Studi Putusan Pengadilan Negeri Nomor 16/Pid.Sus-Anak/2016/PN.Cbn) Djesi Ariani
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.v19i2.2334

Abstract

AbstractChildren are a mandate from God Almighty which is inherent in their dignity as a whole human being. Every child has dignity and value that is worthy of high regard and every child born must have his/her rights without the child's request. The problems in this thesis are: the responsibility of children as perpetrators in criminal acts of premeditated murder in the Indonesian legal system, legal protection against children as perpetrators of criminal offenses planned in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn , the legal considerations of the judges against children as perpetrators of premeditated murder in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn.Legal Protection of Children in Criminal Acts Based on Law Number 11 Year 2012, from the results of the study, it is stated that children who are dealing with the law, including children as victims or children as perpetrators of crime, it is appropriate for children who are in conflict with the law to get legal protection both as the perpetrators or as the victims.Keywords: Criminal Liability, Planned Murder, Children
Parameter Menentukan Perbuatan Wanprestasi Dan Penipuan Dari Suatu Perjanjian Azhari Ar Azhari Ar
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.v19i3.2826

Abstract

Agreement is made legally binding for the makers and the parties are obliged to fulfill it. In the practice of daily life, it is not uncommon for contract actors who do not carry out their obligations; they are being prosecuted by creditors through criminal law by referring to article 378 of the Criminal Code so that there seems to be a similarity between the default legal figure and fraud in an agreement, whereas in the regulation both of these are governed by different laws. Default is regulated in the Civil Code while fraud is regulated in the Criminal Code. The problem in this paper is what is the parameter or measure to determine the legal acts of default and criminal act of fraud.Distinguishing parameter between default and fraud is on the default which is seen from the objective and subjective factors of good faith, while the criminal act of fraud is motivated by evil intentions (mens rea) to have an object (items) belonging to someone else with the parameters of subjective and objective elements. In the future, law practitioners and academics should be able to separate explicitly to settle dispute agreements that contain defaults and criminal act of fraud.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PERMAINAN JUDI JACKPOT (Studi Kasus Putusan Nomor 45/Pid.B/2017/PN.MDN) Mesias J.P Sagala
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.v18i3.1205

Abstract

Indonesia is a legal state where all aspects of people's lives in nation have norms that must be obeyed. These norms aim to prevent criminal acts. Criminal act is an act that is prohibited by the rule of law, and the prohibition is accompanied by threats and sanctions in the form of criminal violations of such prohibitions, such as gambling which is an act of betting deliberately carried out to benefit from a match, game or event that is uncertain about the result. For example, jackpot gambling games that use machine technology are played by inserting coins in the form of chips of money that have been exchanged for a certain value of money and inserted into the machine and then pulled by the player, then waiting for the combination image to come out simultaneously on the jackpot machine and if the image is the same, then it is considered to win a different cash prize depending on the interest or image that the player gets. This game is a chancy game that can be said as gambling because of bets between players. Keyword: Criminal Act, Gambling, Jackpot Gampling
Pelecehan Seksual Terhadap Anak Di Bawah Umur Dalam Persfektif Hukum Islam Dan Hukum Pidana Muhammad Ridwan Lubis
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.v17i3.591

Abstract

Abstract The prohibition of khalwat (or lewd acts) as the enforcement of the Islamic rules and customs among people in Nangroe Aceh Darussalam Province is to protect the community from various forms of destructive activities or deeds, to prevent the people as early as possible from committing adultery, to increase community participation, to prevent and eradicate the occurrence of khalwat (or lewd acts), and to close the opportunity for moral damage. The law enforcement apparatus found obstacles to settle the khalwat cases; consequently, the case was not transferred to the Syar'iyah Court (a court based on Islamic rules). The constraints of the difference to categorize khalwat (or lewd act) are due to the customary law that still prevails in society, the imperfect law, lack of wilayatul hisbah officers (Islamic law enforcers), lack of legal awareness and knowledge, and environmental factors.
TINJAUAN YURIDIS TERHADAP PIDANA KURUNGAN OLEH ANAK DIBAWAH UMUR YANG MENGGUNAKAN NARKOTIKA JENIS GANJA (TINJAUAN KASUS NO. 63/PID.SUS-ANAK/2015/PN.MDN) Teresia Simatupang
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.v18i2.1086

Abstract

AbstractNarcotics abuse is increasingly widespread. The users are not only from among officials but also underage children so that this can damage their mentality and mindset. For this reason, it is necessary to know the internal and external factors why children consume narcotics, marijuana type, so it can be resolved. Besides, it needs legal arrangements for the underage users of narcotics to be positioned appropriately, that is rehabilitation, according to the provisions of Article 54 of Law Number 35 of 2009 concerning narcotics and law number 11 concerning the juvenile justice system.
Peran Penyidik Polri Dalam Pencegahan Dan Penegakan Hukum Tindak Pidana Korupsi Susilawati Susilawati
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.v19i1.1906

Abstract

Corruption is very detrimental to the country's finances and impedes national development. Corruption that has occured so far has also resulted in inhibiting the growth and continuity of national development which demands high efficiency. In this case, those who play a role in the prevention and  enforcement of criminal acts of corruption, are not only the prosecutor and the court but also the National Police regulated in Law No. 2 of 2002 concerning the  Indonesian National Police. The situation above aroused the problem that is, what are the duties and functions of investigators of the Directorate of Special Criminal Investigation of the North Sumatra Regional Police in the prevention and enforcement of criminal acts of corruption, what is the role of investigators of the Directorate of Special Criminal Investigation of the North Sumatra Regional Police in the prevention and enforcement of criminal acts of corruption, what are the obstacles faced by investigators of the Directorate of Special Criminal Investigation of the North Sumatra Regional Police in the prevention and enforcement of criminal acts of corruption.Based on the results of the study, the duties and functions of the police investigator of the Directorate of Special Criminal Investigation of the North Sumatra Regional Police in the prevention and law enforcement of criminal acts of corruption, namely the existence of prevention, detection and correction regulated in Law No. 2 of 2002 concerning the North Sumatra Regional Police. The role of investigators of the Special Criminal Investigation Directorate of the North Sumatra Regional Police in the prevention and enforcement of criminal acts of corruption is to carry out stages such as inquiry and
Tinjauan Yuridis Penerapan Sanksi Pidana Penjara Dan Pelatihan Kerja Terhadap Anak Pelaku Tindak Pidana Pencabulan (Studi Putusan Nomor: 78/PID.SUS-ANAK/2019/PN. LBP)”. Syarifuddin Syarifuddin
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.v19i3.2675

Abstract

The purpose of the juvenile criminal justice system is basically to protect the dignity of children, especially the protection of the law in the justice system. Therefore, the juvenile justice system is not only emphasized on imposing sanctions on imprisonment alone, but also on children's responsibilities. The research is descriptive in nature because it only explains about legal arrangements, the application of criminal sanctions, as well as the legal considerations of judges in deciding cases of perpetrators of sexual abuse in the Decision of the Lubuk Pakam Court Number: 78 / Pid.Sus-children / 2019 / PN-Lbp).The application of sanctions which is found in legal arrangements contained in Article 71 to Article 83 of the SPPA Law is imprisonment for 3 (three) years 6 (six) months and job training for 2 (two) months. Judge's legal considerations are based on the age of the child and the potential of the child as the next generation who have knowledge and skills, so it is necessary to be equipped with certain knowledge or skills or expertise in the hope that the child returns to the community based on the judge’s believe. The sustained socialization against law enforcement officers and the public need to do, thereby it can optimize joint commitment in handling children dealing with the law.Keywords: Application of Sanctions, Imprisonment and Training, Child Perpetrators, Sexual Abuse.

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