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Normative: Jurnal Ilmiah Hukum
Published by Universitas Tamansiswa Padang
ISSN : 19075820     EISSN : 26208202     DOI : https://doi.org/10.31317/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 118 Documents
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SANKSI PIDANA DALAM MENGANTISIPASI TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Yuliska, Edwin
Normative Jurnal Ilmiah Hukum Vol 10 No 2 (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i2 November.817

Abstract

Domestic violence according to Article 1 number 1 of Law No. 23 of 2004 concerning the Elimination of Domestic Violence is any act against a person, especially a woman, that results in physical, sexual, psychological misery or suffering, and or neglect of the household. Domestic violence is commonly referred to as Hidden Crime which has many victims and this can occur in various forms and is caused by various factors. Violence against wives is a case that often occurs but is still considered normal and reasonable, especially if the violence arises only because of emotions for a moment and after that husband and wife feel remorse and forgive each other again. So far, the disclosure of victims of domestic violence (in this case the wife) is still lacking, we must be able to find cases of domestic violence every day. Disclosure of cases of domestic violence is generally faced with various problems, ranging from assuming that domestic violence is a disgrace, husband and wife because they feel love for each other or because they feel sorry for their children so that they forgive each other again, or worry if the perpetrator goes to prison. Enforcement of Law no. 23 of 2004 is expected to anticipate the level of domestic violence. In addition to the government, this can be done through seminars or counseling conducted by academics and legal practitioners from cities to remote villages in order to provide legal knowledge, especially about criminal acts of domestic violence.
PLAGIAT SEBAGAI BENTUK PELANGGARAN AKADEMIK DALAM PARADIGMA TEORI PROPERTY Ariya Zurnetti dan Roni Efendi
Normative Jurnal Ilmiah Hukum Vol 6 No 2 November (2018): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

making scientific papers in the academic world is a testament to the competence of an academic. Writing scientific papers, not infrequently an action occurs in which the ideas set forth in scientific work are not the results of research that has been carried out. So that quoting other people's writings or ideas becomes one of the shortcuts to laying out ideas, concepts and analysis in scientific papers. This is where a problem often occurs when a quote taken from a particular work does not provide an explanation of the origin of the idea. This is then known as the act of plagiarism. In the perspective of the theory of private property, scientific work is the absolute right of the person who created it. Then every scientific work must be protected for violating scientific work. In addition to the theory of private property, the labor theory of property confirms the absolute rights possessed by the creator of the scientific work produced and provides legal certainty for the protection of these rights, both theories are the spirit of the birth of copyright law in Indonesia.
TANGGUNGJAWAB NOTARIS DALAM PENDAFTARAN JAMINAN FIDUSIA SECARA ELEKTRONIK (ONLINE) MENURUT PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA DI KANTOR NOTARIS MHD. AFANDI MUARO BUNGO Dwikornida dan Ihda Fitria
Normative Jurnal Ilmiah Hukum Vol 8 No 1 April (2020): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

One of the roles of the notary is to serve the interests of the parties, for example, in helping to make a loan agreement. If a debt agreement is burdened with collateral that is only for movable objects, a fiduciary agreement arises as an accecoir agreement whose existence always follows the principal agreement. The responsibility of a notary public in registering fiduciary guarantees electronically (online) is to make a fiduciary guarantee deed, and register a fiduciary guarantee deed until the issuance of a fiduciary guarantee certificate by the fiduciary guarantee registration office. Since March 2013, in line with the enactment of ministerial regulation No. 9 of 2013 concerning the enactment of electronic fiduciary guarantee registration, fiduciary guarantee registration is no longer done manually but by online through the websie director general for registration of fiduciary guarantees.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA TERHADAP ANAK SEBAGAI PENYALAHGUNA NARKOTIKA DI PENGADILAN NEGERI KELAS I A PADANG Fitra Oktoriny, Eko Ananda dan
Normative Jurnal Ilmiah Hukum Vol 10 No 1 April (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i1 April.767

Abstract

Criminal law is a set of rules that regulates 3 (three) elements, namely rules regarding criminal acts, criminal and criminal liability, if a crime occurs. The Juvenile Criminal Justice System explains that the juvenile criminal justice system is the entire process of resolving cases of children in conflict with the law, from the investigation stage to the guidance stage after serving a crime. From the results of research conducted regarding judges' considerations in imposing imprisonment on children for narcotics abuse at the Class I A Padang District Court in Decision Number: 170/Pid.Sus/2019/PN Pdg, it was found that by means of juridical considerations and the demands of the public prosecutor, both considerations This proves that the defendant is guilty of abusing shabu with the threat of punishment in Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics jo. Article 55 paragraph (1) -1 of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. The application of criminal sanctions against children for narcotics abuse in the Padang District Court in decision number: 170/ Pid.Sus/2019/PN Pdg based on the judge's considerations, evidence, and witnesses, then LOIS VIGO FIRMAN PGL VIGO, then the Class 1 A Padang District Court decided that the defendant was proven guilty of narcotics abuse, the defendant's actions were as regulated and threatened with criminal in Article 114 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, by imposing a prison sentence on the Defendant for 2 (two) years.
PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS WANPRESTASI DEBITUR PADA PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN Yulia Risa
Normative Jurnal Ilmiah Hukum Vol 5 No 2 November (2017): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In the crediting process, it is often the case that the creditor is disadvantaged when the debtor has defaulted, so that a legal rule is required in the implementation of the imposition of the Mortgage Rights contained in a credit agreement, which aims to provide certainty and legal protection for the parties concerned, based on the results the explanation of Article 10 of Law No. 4/1996 concerning the Right of Million of Land and Land Related Item, it is explained that the agreement which creates the legal relationship of these debts can be made in writing either in the form of deed under the hand or deed authentic, depending on the legal provisions governing the material of the agreement. the right of the creditor to recover the receivable when the debtor is default on the credit agreement with the authentic deed. This authentic deed has advantages that can be requested Grosse Deed of Recognition Debt that has the power eksekutorial and become the basis for the execution if the debtor injures the promise.
PERANAN SYAHBANDAR DALAM MENUNJANG KESELAMATAN PELAYARAN DI KESYAHBANDARAN DAN OTORITAS PELABUHAN TELUK BAYUR Diap Rianto Efendi dan Meita Lefi Kurnia
Normative Jurnal Ilmiah Hukum Vol 7 No 2 November (2019): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Article 208 of Law Number 17 of 2008 concerning Shipping Syahbandar has the authority to coordinate all governmental activities at the port, inspect and store ship documents, documents, and ship reports, issue approval for vessel activities at the port, conduct ship inspections, issue Sailing Approval letters, conduct inspections a shipwreck, detained a ship by court order and carried out the crew's shipbuilding. The research results of the Syahbandar Role in supporting the safety of shipping at the Kesyahbandran and the Bayur Bay Port authority play an important role, Syahbandar has the highest authority in coordinating the activities of taboo, immigration, quarantine, and other activities of government institutions from its authority in examining, storing, publishing documents needed sea ​​transportation (ship) so that they can sail. such as ship-worthy certificates, sailing approval letters, anchored approval letters, cargo certificates, and entry and exit permits from the port. Constraints faced are still limited supporting infrastructure in the field, lack of human resources and lack of legal awareness. How to overcome the obstacles faced are efforts to meet supporting infrastructure in the field, additional human resources and the existence of legal awareness from users marine accounting to support the implementation of shahbandar duties.
PERLINDUNGAN HUKUM TERHADAP PENUMPANG MASKAPAI LION AIR YANG MENGALAMI KETERLAMBATAN PENERBANGAN DI BANDARA INTERNASIONAL MINANGKABAU Dwikornida, Zaini Ahmad dan
Normative Jurnal Ilmiah Hukum Vol 9 No 2 November (2021): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v9i2 November.729

Abstract

From the results of research conducted on the airline's legal protection for Lion Air airline passengers who experienced flight delays, it was found that the Minister of Transportation Regulation Number 89, 2015 had not been implemented properly for Lion Air airlines, so that many passengers were harmed by frequent flight delays, and obstacles in providing legal protection to passengers, namely financial, planning, in terms of organizing, in terms of direction, in terms of supervision, limited human resources, so that the obstacles faced can be solved properly, namely providing spare aircraft, improving management, carrying out the Regulation of the Minister of Transportation Number 89, 2015 properly and the provision of a Lion Air cash office at the Minangkabau International Airport.
PENYELESAIAN WANPRESTASI ATAS PERJANJIAN KREDIT DI PT BANK BRI UNIT MUARO DENGAN NASABAH DI PENGADILAN NEGERI MUARO KELAS II (Studi Putusan Nomor 3/Pdt.G.S/2019/PN Mrj) Muzni Karmila, Dwikornida dan
Normative Jurnal Ilmiah Hukum Vol 11 No 1 April (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v11i1 April.904

Abstract

National development is a sustainable development effort in the context of creating a just andprosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia.Loan agreements have been regulated and determined in Chapter Thirteen of the Third Book ofthe Civil Code, in Article 1754 of the Civil Code which clearly states that, "A loan agreement isan agreement whereby one party gives to another party a certain amount of goods that are usedup due to usage, with the condition that the latter party will return the same amount of the sametype and condition". Decision Number 3/Pdt.G.S/2019/PN Mrj is that a debtor does not fulfillobligations to a creditor. The formulation of the problem is what is the consideration of theMuaro District Court Judge regarding the default case between PT Bank BRI Unit Muaro and acustomer in Sijunjung Regency and what are the legal consequences of the judge's decision inresolving default cases between Bank BRI Unit Muaro and a customer at the Class II MuaroDistrict Court.
PERLINDUNGAN HUKUM TERHADAP RELAWAN KEMANUSIAN BERDASARKAN HUKUM HUMANITER INTERNASIONAL Lona Puspita
Normative Jurnal Ilmiah Hukum Vol 5 No 1 (2017): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In humanitarian law there are two forms of war or armed conflict, namely armed conflicts that are international and non-international. In its development, the notion of international armed conflict was expanded in Protocol I of 1977 which also included resistance to colonial domination, the struggle against foreign occupation and resistance to the racialist regime as other forms of international armed conflict. In the midst of the international news about the armed conflict between the two countries is an interesting that is about humanitarian volunteers. Although to help civilians who are in the middle of the conflict based on humanity, a volunteer not infrequently has to bet on his body spirit. This is often experienced by a person or group of humanitarian volunteers who work in the middle of the armed conflict area for the realization of a sense of humanity and caring for others. Not a few armed conflicts that cause humanitarian volunteers either independently or are under a humanitarian organization that is killed, wounded, disappeared and captured or taken hostage.
IMPLIKASI DISHARMONISASI UNDANG-UNDANG PERADILAN TATA USAHA NEGARA DAN UNDANG-UNDANG PELAYANAN PUBLIK Riza, Dola
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The decision of the administrative court implemented by unplugging and/or issue a decision on stateadministration. The activity in the law on public service known as administrative services. Nevertheless, there is still a lot going on maladministration inthe implementation of the decision of the administrativecourt. The problem in this research is What are the implications of the disharmonization of the State Administrative Courts Law and the Public Services Law.Legal data used primary legal data, legal data secondary and tertiary legal data. Legal data collection techniques used are the study documents. Legal data analysis technique used is the tecnique of qualitative analysis.based on the results of this study concluded that Based on the results of the research and discussion carried out by the author, the following conclusions can be drawn: Administrative services to implement decisions of the State Administrative Court do not meet the indicators of good public service and have implications in various aspects, including: first, administrative services to implement decisions of the State Administrative Court are difficult to implement quickly and easily.second, the low level of responsibility of state administrative agencies or officials to implement court decisions voluntarily.third, there is no certainty of time for the plaintiff to obtain administrative services in implementing the State Administrative Court's decision quickly and easily.

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