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INDONESIA
Normative: Jurnal Ilmiah Hukum
ISSN : 19075820     EISSN : 26208202     DOI : https://doi.org/10.31317/
Core Subject : Social,
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
ALTERNATIF PENYELESAIAN SENGKETA YANG DILAKUKAN OLEH PIHAK YANG BERPERKARA TERKAIT PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN JAMINAN FIDUSIA MAUPUN HAK TANGGUNGAN Deviana Yuanitasari, Larasati Anyufa, Aam Suryamah 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.733

Abstract

Consumer financing agreement with fiduciary guarantee or mortgage is one form of arbitration agreement. If there are problems such as creditors making withdrawals of objects or objects that are used as collateral rights or mortgage rights in the form of vehicles, both cars and motorbikes, because the debtor is unable to pay installments and defaults on the consumer financing agreement that has been agreed between the two, in practice many people have not know and understand where this dispute will be resolved. Then there is a legal disharmony between the Consumer Protection Act and the Financial Services Authority Regulation regarding Alternative Dispute Resolution Institutions in the Financial Services Sector which creates legal uncertainty in society. This study uses a normative juridical approach in this study in the form of library research and using analytical descriptive. The purpose of this research is to shed light on the legal disharmony that causes legal uncertainty in society regarding the settlement of financing disputes.
PENEMUAN HUKUM ( RECHTSVINDING ) OLEH HAKIM DALAM PUTUSAN PERDATA Mardius ,
Normative Jurnal Ilmiah Hukum Vol 5 No 1 (2017): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

This paper reviews and discusses the discovery of law by civil judges in deciding a civil case in the Padang District Court. The source of the authors take the results of observation in the field by making observations and read filings of civil cases that were decided by the judge in deciding civil cases. To be able to decide upon a civil case the judge is not only bound to the evidence of letters and witnesses filed by the litigants but the judge also has a legal view derived from the proof, because with the verification of a judge will be able to find the law for events or legal acts or often called disputed object objects. Proof is the main requirement for the judge to find the law, so that the judge will be able to decide upon a dispute by relating a proof to another proof so as to constitute a series that raises an opinion or conclusion to the judge that it is the law. Applying the law to an event is the work of a judge to find the law in the case or case of his trial, so that the judge will be able to provide a verdict based on the evidence presented to him.
PELAKSANAAN ITSBAT NIKAH DI PENGADILAN AGAMA PADANG KELAS 1 A Irma Irawati dan Joni Zulhendra
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

The family is one of the smallest social units in society, the formation of a family is the existence of a strict bond between a woman and a man that is carried out in marriage. "Article 1 of Law Number 1 of 1974 concerning marriage is an inner and physical bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the Godhead of the Almighty. Marriage not only unites two human couples, namely male and female, but ties the sacred covenant in the name of God. Marriage does not only rely on the teachings of God in the Koran and As-Asunnah, but the marriage is declared valid if according to the law of God and state law has fulfilled the pillars and conditions. The result of the research is that marriage is submitted due to the absence of authentic evidence of a marriage, while the intended evidence is a marriage certificate, due to the loss or marriage outside the control of the marriage registrar, so the marriage is not registered and does not have authentic evidence or at the time of now known as marriage under the hand. The obstacle faced in the implementation of itsbat marriage in the Padang Religious Court is that the petitioners had difficulty in presenting witnesses and transportation costs, the court found it difficult to prove whether the marriage was valid or not. The solution is that the marriage must be in accordance with the rules of the Islamic religion and take place before the marriage registration employee according to article 2 paragraph 2 Law No. 1 of 1974: marriage is legal if it is carried out according to the laws of each religion and belief, each marriage is recorded according to applicable laws and regulations.
POLA PENYELESIAN WANPRESTASI PADA KOPERASI SIMPAN PINJAM PEDAGANG INPPRES PASAR RAYA PADANG Yunimar, Nuraini R 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.719

Abstract

Regarding the pattern of settlement of defaults in the savings and loan cooperatives of Inpres Pasar Raya Padang traders, the forms of default in this cooperative are delays in payments and also smooth payments. The pattern adopted by cooperatives in solving this is by implementing the Reskedul system, which measures the level of ability of cooperative members in terms of payments. The obstacles faced are basically non-existent because of the awareness of cooperative members to make payments. The small obstacles faced by cooperatives in resolving defaults are due to awareness on the part of cooperative members, giving rise to a sense of belonging that this cooperative is theirs so that cooperatives are important for cooperatives. they. This sense of ownership must be maintained by the management to the members of the cooperative, so that defaults can be avoided as early as possible.
OPTIMALISASI PENYIDIKAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN OLEH PENYIDIK SATUAN RESKRIM DI WILAYAH HUKUM POLRES SOLOK SELATAN Ricky Ricardo, Fitra Oktoriny ,
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.830

Abstract

Mining without permits is rife in almost every region that has the potential to be rich in minerals. The Unlicensed Gold Mining activities are mining businesses carried out by individuals, groups of people or companies/foundations with legal entities. In its operation, it does not have a permit from a central or regional government agency in accordance with the provisions of the applicable laws and regulations. This phenomenon is interesting for researchers to be used as a research study. The results of the research conducted, it was found that the performance of investigators from the Criminal Investigation Unit of the South Solok Police in handling the Unlicensed Gold Mining case was felt to be not optimal. Factors that influence the performance of investigators in handling cases of Unlicensed Gold Mining in the South Solok Police area, include internal factors and external factors. Internal factors, due to the minimum number of personnel and inadequate human resources from investigators and limited facilities and infrastructure. While external factors, due to the lack of welfare of the people of Solok Selatan Regency and the lack of knowledge and awareness of the community towards the law. Efforts to further maximize the improvement of investigator performance can be carried out by maximizing training, vocational education, increasing harmonization, empowering, optimizing existing personnel, facilities and infrastructure, increasing coordination internally and externally as well as carrying out close monitoring and control of investigators at every stage. investigation.
ANALISIS PUTUSAN KPPU TENTANG KARTEL SEBAGAI PERJANJIAN YANG DILARANG ( PERKARA No.04/KPPU-1/2016) Yunimar ,
Normative Jurnal Ilmiah Hukum Vol 7 No 1 April (2019): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Pasal 11 Undang-undang Nomor 5 tahun 1999 adalah peraturan tentang Monopoli Probihiting dan Komposisi Perdagangan Tidak Sehat yang mengatur kartel sebagai perjanjian yang disetujui. Keputusan KPPU, nomor terdaftar 04 / KPPU-I / 2016, adalah keputusan tentang kasus kartel antara PT Yamana Indonesia Motor Manufacturing dan PT Astra Honda Motor yang melanggar Pasal 5 ayat (1) UU Nomor 5 Tahun 1999 di industri sepeda motor Indonesia dalam jenis skuter matik . Mereka berdua terbukti melanggar peraturan itu dan harus membayar denda kepada pemerintah yaitu Rp 25 miliar untuk manufaktur PT Yamaha Indonesia Motor dan Rp 22,5 miliar untuk PT Astra Honda Motor. Pasal 11 UU Nomor 5 tahun 1999 Tentang Larangan Praktek Monopoli Dan Persaingan Usaha Tidak Sehat tentang kartel sebagai perjanjian yang dikeluarkan. Putusan KPPU dengan Nomor Perkara 04 / KPPU-I / 2016 adalah putusan tentang kartel yang dilakukan oleh PT Yamaha Indonesia Motor Manufacturing dengan PT Astra Honda Motor dengan menggunakan Pasal 5 ayat (1) UU Nomor 5 tahun 1999 di Industri Sepeda Motor Jenis Skuter matik 110 - 125 CC di Indonesia. Terbukti terbukti melakukan kartel dan menyetujui dengan pasal tersebut, Yamaha mengenakan denda sebesar Rp.25.000.000.000, - (dua puluh lima miliar rupiah) dan Honda dikenalkan denda sebesar Rp.22.500.000.000, - (dua puluh dua miliar lima ratus juta rupiah)
DISPENSASI KAWIN YANG DIBERIKAN KEPADA ANAK DI BAWAH UMUR DI PENGADILAN AGAMA KELAS 1A PADANG Putri Hanifah dan Mardius
Normative Jurnal Ilmiah Hukum Vol 9 No 1 April (2021): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Law No. 16 of 2019 concerning amendments to law No.1 of 1974 concerning marriage. Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal (household) based on the One Godhead. Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. The prospective bride and groom who have not met the minimum age specified by law, the prospective bride and groom must ask for dispensation of marriage to the religious court. The problem in this research is how is the implementation of the dispensation of marriage given to minors in the Padang religious court and whether the judges consider the dispensation of marriage given to minors in the Padang religious court. This research uses a sociological juridical approach, while the nature of the research is descriptive. For minors to marry, the applicant first submits a letter of rejection from the Office of Religious Affairs (KUA), then this is used as the basis for submitting a dispensation request to the Religious Court. The first stage that takes place is that the parents of the woman or both parents of the male party make a request that is submitted to the head of the Religious Court. The judge's consideration of the dispensation of marriage by minors in the Religious Court The judge gives dispensation to the applicant because the child someone is responsible because the applicant's mother has died and so that unwanted things do not happen because they have been in a relationship for a long time.
PENANGANAN COVID 19 DITINJAU DARI SISI PERTAHANAN ,, Andriani ,
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.797

Abstract

Covid-19 spreading is very fast. The outbreak of the Covid-19 virus has infected almost all countries in the world quickly around the world. The biggest threat to prevent the spread of corona virus is through asymptomatic people. With such rapid spread, it is very possible that Covid-19 threatens national defense. It is not enough for the government to just make this problem a health issue, but it is necessary to make it a national security threat. The community's economic background that is not too strong and health facilities that are still not very sophisticated can be the main reasons for the government as the number of cases increases. If Covid-19 cannot be resolved properly, it is easy, and it is very possible to develop in all aspects of national and other national life. In this case, all measures must be implemented by the government considering the increasingly critical situation. All strategies must be implemented both preventive and repressive. The preventive strategy that can be implemented is to impose regional quarantine, if there must be strict control over the community. In addition, there must also be socialization that is carried out in a more effective way to increase public awareness. The repressive steps that must be carried out are to immediately provide health facilities to build temporary hospitals with facilities and medical personnel that are truly adequate to deal with Covid-19.
ALTERNATIF PENYELESAIAN SENGKETA SEBAGAI PRODUK DARI PLURALISME HUKUM (LEGAL PLURALISM) Yunimar ,
Normative Jurnal Ilmiah Hukum Vol 6 No 1 April (2018): 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.v6i1 April.375

Abstract

There are many ways that can be done to resolve disputes or disputes, which can be broadly differentiated by litigation or non-litigation. Alternative dispute resolution can be used to resolve disputes that occur in the community based on Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Perma No. 1 of 2016 concerning Mediation Procedures in Courts, provided the parties have good faith in resolving their disputes. Alternative dispute resolution as a product of legal pluralism in Indonesia, because in its history during the Dutch colonial period the population of the Dutch East Indies (Indonesia) was divided into several groups of population, and the laws applicable to the population group were different.
PELAKSANAAN RETRIBUSI JASA USAHA DI UPTD LABORATORIUM DINAS LINGKUNGAN HIDUP KOTA PADANG Meita Lefi Kurnia dan Sarmen
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

Kota Padang The capital of West Sumatra Province has many business entities, such as the cement, rubber, wood, restaurant, warehouse and many other industries, which can have an impact on environmental quality. in responding to that matter, the City Government of Padang provided an environmental quality testing laboratory to run the Padang City Regulation No. 12 of 2011 concerning Business Service Levies, the problem here is how to implement business service levies at the UPTD Laboratory of the Environmental Service Office of the City of Padang, to answer the above questions The author conducts research using the method of legal research of sociological juridical or legal research that focuses on field research to obtain primary data, besides that it also conducts research on secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. the nature of this research is descriptive which illustrates broadly the Implementation of Business Service Levies in the UPTD Laboratory of the Padang City Environment Agency. From primary data and secondary data collected then the data is processed by editing, coding, tabulating, after the data is processed then analyzed qualitatively to get conclusions. based on research by the author, it can be concluded that the implementation of Business Services Levies in the UPTD Laboratory of the Padang City Environment Agency, where the quality assurance of the results of the test is very accurate and reliable because the UPTD Laboratory of the Padang City Environment Agency has been accredited by the National Accreditation Committee (KAN) and has fulfilled the National standard based on ISO / IEC 17025 the latest edition of the general requirements of the competence of testing and calibration laboratories.

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