Normative: Jurnal Ilmiah Hukum
Normative Jurnal Ilmiah Hukum contain writings or articles in the form of theoretical studies, conceptual ideas, research results, reviews, book reviews , and scientific meeting results related to the dynamics of law that have never been published in scientific journals or scientific articles. The language used is Indonesian or English is good and correct. All incoming articles will be reviewed by the editor by involving the best partner. The manuscript deemed worthy will be edited without changing the substance.
Articles
99 Documents
<![CDATA[PENYELESAIAN SENGKETA ANTARA KONSUMEN DAN PELAKU USAHA OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA PADANG SECARA ARBITRASE (Perkara Konsumen Nomor : 11/P3K/IV/2019) ]]>
<![CDATA[Amelia Anggraini Fitri dan Yunimar]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 9 No 1 April (2021): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Every time people interact with each other and this interaction often results in disputes or disputes between these parties. The disputing parties will find a way to resolve the dispute. The method of dispute resolution that we are familiar with is the method of resolving the dispute (court) and non-litigation (outside the court). The agency officially by the government to resolve disputes between consumers and business actors is the Consumer Dispute Resolution Agency. One of the duties and authorities of BPSK in the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / KPP / Kep / 12/2001 concerning the Implementation of Duties and Authorities of BPSK, namely BPSK can resolve consumer cases through arbitration. From the results of the research, it was obtained that the arbitration conducted at the BPSK of Padang City was different from the arbitration regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. BPSK in proceedings is regulated in the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / KPP / Kep / 12/2001 concerning the Implementation of Duties and Authorities of BPSK. Constraints in resolving consumer disputes are caused by 2 factors, namely internal factors and external factors. Internal factors consist of an incomplete library, lack of training for the Council, lack of facilities and infrastructure, as well as external factors that come from the community who are not responsive to the BPSK of Padang City. The solution provided by BPSK Kota Padang is that the Assembly looks for other literary materials from the internet and takes part in trainings.]]>
<![CDATA[SUATU KAJIAN PLURALISME HUKUM (Upaya Mengatasi Keberagaman Hukum di Era Globalisasi) ]]>
<![CDATA[Lona Puspita]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 10 No 2 November (2022): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v10i2 November.828
<![CDATA[Globalization brings new values into people's lives and has an impact on legal developments in various countries resulting in legal diversity (legal pluralism). The problem in this article is how to deal with legal diversity in the era of globalization? The results of the legal study can be concluded that legal pluralism does not immediately solve problems that arise in society. However, legal pluralism exists to provide a new understanding that apart from state law there are other existing legal systems in society that interact with each other and even compete with one another.]]>
<![CDATA[HAK ANAK ANGKAT DALAM MENDAPATKAN WARISAN DITINJAU DARI HUKUM WARIS INDONESIA ]]>
<![CDATA[Ridwan Arifin Karin Aulia Rahmadhanty Dian Latifiani]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 6 No 2 November (2018): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This article is an article about the inheritance rights that apply to adopted children in obtaining inheritance from their adoptive parents and to find out an explanation of inheritance of adopted children in Civil Law, Customary Law and Islamic law. The author already knows about inheritance of adopted children and has searched for comparisons between the three laws in the distribution of inheritance in order to know the weaknesses and strengths of each of the laws, namely the disadvantages are that these three laws each have differences regarding views and status for adopted children. and the advantage is that these three laws provide the truth about the adoption of children who have the goal of caring for the child as their child. The mandate and gift of God Almighty is the giving of a child who must be cared for, and given protection, because in a child there is a dignity, dignity and rights as a human being which must be upheld by its existence. Protection of children's rights is part of human rights as stipulated in the 1945 Constitution of the Republic of Indonesia and the United Nations Convention on the Rights of the Child. Law No.23 of 2002 concerning Child Protection which states that States, governments, communities, families and parents have obligations and responsibilities for the implementation of child protection. Child protection has the aim of ensuring children's rights to be able to live, grow, develop based on human dignity and gain protection in order to avoid violence and discrimination in order to make Indonesian children who have good quality, noble character and prosperity. Appointment of children is not found in the Civil Code (Civil Code). The Civil Code only describes the provisions regarding the recognition of children outside of marriage found in Book I Chapter XII, third part. Through increasing community needs regarding adoption and cultural culture, the community has long explained about adoption, so the Dutch East Indies Government made Staatsbald 1917 No.12 which specifically explained the adoption institutions in Chapter II which are often known as adoption.]]>
<![CDATA[KEABSAHAN WASIAT MELEBIHI 1/3 BAGIAN HARTA PUSAKA DITINJAU DARI HUKUM ISLAM DAN HUKUM ADAT MINANGKABAU ]]>
<![CDATA[Siti Intan Sekarieva, Djanuardi, Hazar Kusmayanti]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 8 No 2 November (2020): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[A testament or will is a way to distribute inheritance. The implementation of a testament in Indonesia is based on the Indonesian Civil Code, the Compilation of Islamic Law, and Customary Law. In the practical situations, there are a lot of confusions regarding the validity of a testament that exceeds 1/3 of inheritance, especially in the Indigeneous Minangkabau People. In the perspective of Islamic law, the testament that exceeds 1/3 of inheritance is valid by the consent of the heirs, but if the heirs do not agree with it then the testament must be enforced only up to the limit of 1/3 portion of the inheritance left by them. Whereas the customary law of Minangkabau determines that the validity of a testament must be based by the type of the inheritance. In the perspective of Minangkabau Customary Law, the inheritance that is classified as harta pusaka tinggi is invalid because it is not owned collectively, meanwhile the testament that is classified as harta pusaka rendah should follows the rules of Islamic Law (Faraid) which has regulated that a testament that exceeds 1/3 of inheritance is valid if it has been agreed by all of the heirs, but if the heirs do not agree with it then the valid testament is only 1/3 portion of the inheritance because the rest of them are the assets of the heirs.]]>
<![CDATA[MEDIASI SEBAGAI SALAH SATU CARA DALAM PENYELESAIAN SENGKETA PERDATA DI LUAR PENGADILAN ]]>
<![CDATA[Yunimar ,]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.773
<![CDATA[As social beings, humans cannot let go of themselves depending on other humans to meet their needs. In this interaction, disputes often arise. The dispute is sometimes resolved immediately, and sometimes it is not. There are two ways to resolve the dispute, namely in court or out of court. One form of dispute resolution outside the court is mediation. There are many benefits in resolving disputes through mediation, and the most important thing is the result is a win-win solution, which is able to meet the psychological, legal and procedural needs of the parties.]]>
<![CDATA[MEKANISME PENYELESAIAN SENGKETA GATT DAN WTO DITINJAU DARI SEGI HUKUM PENYELESAIAN SENGKETA INTERNASIONAL ]]>
<![CDATA[Lona Puspita]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 6 No 1 April (2018): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v6i1 April.358
<![CDATA[The development of science and technology and the pattern of community activities in the world increasingly touch each other, need each other and determine each other destiny, but also compete with each other, especially in trade. With the establishment of an international trade organization or WTO increasingly eliminates the boundaries between countries. Therefore many cause problems in the implementation of inter-state trade agreements. This research uses normative legal research with primary data source that is secondary data. The research finds that international dispute resolution mechanism is one of the mechanisms of supervision in international law. While the relation between GATT and WTO dispute settlement method with international dispute settlement that is both can be done judicially and non-judicially.]]>
<![CDATA[CERAI GUGAT TERHADAP SUAMI PENGGUNA NARKOBA DI PENGADILAN AGAMA PADANG KELAS 1A ]]>
<![CDATA[Harry Susanto Putra dan Mardius]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.763
<![CDATA[The divorce that occurred in the decision Number 0174/Pdt.G/2015/PA.Pdg. who reported to the religious court that the wife filed for divorce from her husband because it was known that the husband was consuming drugs or illegal drugs can damage the minds of users and drugs and drugs are the mother of all forms of crime that can be deadly. Divorce is a divorce that occurs at the request of the wife by giving a ransom to and with the approval of her husband, according to article 77 of law number 7 1989 in conjunction with law number 3 of 2006 in conjunction with law number 50 of 2009 filed by the wife as a plaintiff or her attorney to the court religion whose legal area includes the residence of the wife as the plaintiff, unless the wife as the plaintiff intentionally leaves the joint residence without the husband's permission as the defendant. From the results of research conducted regarding the implementation of divorce lawsuits against husbands of drug users, the decision number 0174/Pdt.G/2015/PA.Pdg starts from filing a divorce suit, witnesses, examination and reconciliation of divorce lawsuits and court decisions regarding the dissolution of marriage due to a divorce lawsuit. Because this case is a civil case which is subject to a special procedural law case, based on the lexspecialis derogat lex generalis principle, even though the aquo case is examined and decided by verstek, the plaintiff is still burdened with mandatory evidence. So the judge's consideration in deciding the decision number 0174/Pdt.G/2015/PA.Pdg, namely stating that the defendant who had been officially summoned and deserved to appear before the trial was not present, granted the plaintiff's claim with verstek, handed down the divorce of one ba'in of the defendant against the plaintiff.]]>
<![CDATA[PENGELOLAAN PARKIR DI TEPI JALAN UMUM DI KOTA PADANG ]]>
<![CDATA[Meita Lefi Kurnia dan Harifal Swandi]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 5 No 2 November (2017): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[One of the characteristics of regional financing in implementing autonomy is the source of Local Own Revenue (PAD), which consists of the results of local taxes, the results of regional retribution and the results of the management of local wealth that is separated as a major component of APBD sources. In order to increase PAD, the Government must first know what is the source of the PAD. Potential and potential revenue source sources are Parking Levies on the Public Roads as set forth in Article 1 of Padang City Regional Regulation No. 1 of 2016 on the Second Amendment to Padang City Regulation Number 11 Year 2011 on Public Service Levies stating "Parking Levies in The Public Road is a local levy as payment for public roadside services provided by the Regional Government. From the observation while not yet well coordinated parking places beside public roads in Padang City, it seems there are still many unofficial parking officers who operate on the side of the road, therefore it needs to be studied how the management of public roads parked in the city of Padang. This research is an empirical law research or sociological law research, the data needed is primary and secondary data, while the data collection technique used is with observation and structured interviews, After the data is processed then done data analysis by using qualitative analysis that is by expressing reality in the form of a sentence, to the data obtained from the results of the study, without using the figures in the statistical formula. From the results of research and discussion can be concluded, parking providers in the city of Padang: a. The responsibility for the implementation of parking is implemented by the Department of Transportation. b. For implementing the operational technique of parking operation is carried out by the technical implementing unit of the agency, abbreviated as UPTD.c. UPTD is under and responsible to the Head of Transportation Department.]]>
<![CDATA[STRATEGI PENDAMPINGAN PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK (P2TP2A) TERHADAP ANAK KORBAN KEKERASAN SEKSUAL DI KABUPATEN MERANGIN ]]>
<![CDATA[Nanik Istianingsih dan Fina Afriany]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 8 No 1 April (2020): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Cases of violence against men, women, and even children often make headlines in various media. However, many cases have not been revealed, because this violence case is considered as an insignificant matter, especially the problem of violence against children. So many cases of violence that occur in children but only a few cases that are followed up. In Merangin District, Jambi Province cases of violence have increased in recent years. The purpose of this study was to determine the assistance strategy for the Integrated Service Center for Women's Empowerment and Child Protection (P2TP2A) for children victims of sexual violence in Merangin District. The sample in this study amounted to 8 people who are informants who are in direct contact with programs and cases of violence against children. This type of research is descriptive qualitative with data analysis techniques using data triangulation. The results of the study found that in handling cases of violence against children the Integrated Service Center for Women's Empowerment and Child Protection (P2TP2A) was in accordance with standard operating procedures stipulated by the State Ministerial Regulation for Women Empowerment and Child Protection Number 5 of 2010. In carrying out the assistance of P2TP2A officers also has a strategy implemented for handling cases. However P2TP2A officers still encountered obstacles including difficulty in communication from the family and the lack of facilities, especially shelter or safe houses for victims of violence against children. So the suggestion from this research is that the victim's family should be more open to P2TP2A officers so that violence cases can be resolved properly. And the government should provide shelter facilities or safe houses for victims of violence.]]>
<![CDATA[HUKUM EKONOMI ISLAM DI INDONESIA PADA ZAMAN KEMERDEKAAN ]]>
<![CDATA[Joni Zulhendra, Asasriwarni dan Ikhwan Matondang]]>
<![CDATA[ Normative Jurnal Ilmiah Hukum Vol 9 No 2 November (2021): Normative Jurnal Ilmiah Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tamansiswa Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Islamic economics in legal regulations in Indonesia is contained in the Elucidation of Law of the Republic of Indonesia Number 50 of 2009 concerning Amendments to Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts Letter I What is meant by "sharia economy" ah†is an act or business activity that is carried out according to the principles of Shari'ah. This article discusses how the development of Islamic economic law during the independence period. The method used in this study the author uses normative research procedures, where by looking at the law as a rule. In obtaining information using library research procedures, the method is to study legal literature related to the subject matter, a collection of statutory regulations, legal posts and various other written sources. The conclusion of this study, in the early days of independence, Indonesia's economic condition was in a bad situation. Factors that caused the poor economic condition of Indonesia at that time, among others, the occurrence of very high inflation caused by the circulation of too much money. The next development is the existence of sharia economic regulations which are legal products that regulate sharia financial institutions that have been issued, namely Law Number 7 of 1992 concerning Banking and Law Number 10 of 1998 concerning Banking, Law Number 38 of 1999 concerning Zakat Management , Law Number 3 of 2006 concerning Religious Courts, Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 21 of 2008 concerning Sharia Banking, Law Number 33 of 2014 concerning Guaranteed Halal Products (JPH) and Law No. Law Number 40 of 2014 concerning Insurance.]]>
