UNES Law Review (Universitas Ekasakti Padang)
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Perlindungan Hukum Terhadap Nasabah Prima Bank dalam Resiko Layanan Pick Up Service
Get PDFBanks as financial service institutions have special customers, namely prime customers. Prime customers have a special service, namely pick up service. Implementing a pick up service can pose various risks. The risk that occurs in the pick-up service causes losses experienced by prime customers. This writing aims to find out, study and analyze legal protection for prime bank customers in the risk of pick up service. This legal research uses normative juridical methods. The results of the discussion show that legal protection can be provided to prime customers in the risk of pick-up service, namely preventively and repressively. Preventive legal protection can be provided through legislation to prevent risks occurring in pick-up services. Meanwhile, repressive legal protection can be provided by imposing administrative sanctions in the form of fines and providing additional sanctions to the Bank if it discharges its responsibility for losses experienced by customers from services provided by the Bank
Efektivitas Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Terhadap Anak Peserta Musabaqah Tilawatil Qur’an Ke-56 Tahun 2022 di Kabupaten Deli Serdang
Get PDFThis article aims to find out whether Law No. 22 of 2002 is effective or not in protecting children whose parents force them to win MTQ activities. This research is empirical juridical research, using a legal sociology approach. Obtained using an interview data collection instrument with some of the parents of the 56th MTQ participants at the Deli Serdang Regency level in 2022, Caravan, Hamparan Perak District. The research results show that Law No. 23 of 2002 has not been effective in protecting children from being forced by their parents to win MTQ activities. There are still some parents of participants who require their children to win just for happiness and there are also parents who have other intentions, namely requiring their children to win to fulfill the needs of the prize. This is very contrary to the initial aim of holding MTQ and Law No. 23 of 2002 is not effective enough to address the problem of child protection for MTQ participants
Akibat Hukum Terjadinya Subrogasi Objek Waris dalam Sengketa Waris Perdata
Get PDFIndonesian civil code generally regulates inheritance rights between blood relatives which in fact aanvullen recht (openness). Openness here means that they are not required to follow what has been regulated or in other words each and every heir is entitled to the inheritance as long as they are tolerant to the results of the distribution portion and they are contend with it. However, the problem arises when there is one or more heirs who start a dispute which ultimately resulted and processed in court. Even more so complicated when the inheritance object had previously been mortgaged to the Bank. The form of debt repayment that occurred on the collateral could significantly affect the inheritance, especially when subrogation happened. The legal consequences focus on whoever holds the subrogative rights and as such gets preferential rights in the distribution of the inheritance
Pelembagaan Hukum Islam di Sumatera Timur: Tinjauan Historis
Get PDFThe institutionalization of Islamic law has long roots in the life history and collective memory of the Indonesian Muslim community; Reflected in various proverbs such as "Adat is coded syarak, syarak is coded Kitabullah" in Minangkabau and "Hukom ngon adat lagee alat ngon sifeut" in Aceh. Throughout the sultanates in Arkhabil, including North Sumatra, this institution grew during the era of the Islamic sultanates. In that period, fiqh literature became a source of reference for developing law, and the jurists occupied a central position at court in society as the intellectual elite. Simultaneously with the entrenchment of the colonial grip, Islamic law and its judiciary experienced decline and stunting until in the end they only handled matters of marriage, divorce and reconciliation with quasi authority. The Muslim community\u27s long efforts to revitalize the enforcement of Islamic law found its momentum again in the Proclamation and was outlined in the Jakarta charter. Even though it was later deleted, it was considered implicit in Pancasila and the 1945 Constitution, which was reaffirmed through the Presidential Decree of 5 July. implementation of Islamic law for Muslims in the Republic of Indonesia and every sound request in that direction is legal. With his long experience of protecting various sects, races, ethnicities and religions in a wide geography from Morocco to Merauke, for at least 13 periods, the discourse of fiqh in its broadest meaning is expected to be able to contribute to modern life in building peace in pluralism
Analisis Ketidaksesuaian Batas Usia Dewasa dan Konflik Normatif Antara Hukum Pidana Materiil dan Hukum Perdata di Indonesia (Studi Putusan Kasasi Nomor 897 K/PID/2019)
Get PDFDetermining the age limit for adulthood is a critical factor in determining the validity of legal actions, reflecting an individual\u27s skills in carrying out legal actions. This article investigates legal proficiency regulations in Indonesia, highlighting the ambiguity in the assessment of adulthood that creates dilemmas, especially in Article 332 Paragraph (1) of the Criminal Code. As a case study, the analysis was carried out on the Rusly Yaprin Kalo case, which had an impact on the complexity of the concept of adulthood and differences in interpretation between criminal and civil law. This research applies a normative and qualitative juridical approach, exploring various regulations governing the age limit of adulthood in Indonesia and producing an in-depth understanding of potential conflicts between criminal and civil law. The results highlight discrepancies in adult age limits that may impact law enforcement and speak to the need for harmonization of relevant laws
Larangan Menikah Bagi Calon Mempelai yang Masih dalam Masa Studi di Secanggang Kab. Langkat Perspektif Maqashid Syariah
Get PDFThis study aims to (1) find out the factors behind the ban on marriage for prospective brides who are still in education and (2) find out the analysis of sharia maqashid related to the ban on marriage while still in the study period. This study was designed with qualitative methods to be able to explain in detail about the prohibition of marriage while still in education. This research is a type of field research that takes references from books whose subjects prohibit marriage. While the object of this study is the bride and groom who are prohibited from marrying while still in education. To collect data, researchers use reading techniques and then record the results. While the analysis technique is descriptive. The results of this study are: The ban on marriage made by parents is only temporary and not eternal, so it is in accordance with the order of Maqashid Sharia, namely hifz aqli (maintaining reason / science) both religious science (ukhrawi) and knowledge (worldly) obtained by learning the main. With Science will be fulfilled another primary need. Seeking knowledge in Islam is compulsory for every Muslim, it is contained in the Qur\u27an and Hadith. Then the background of the ban on marriage for brides who are in the study or education period, one of the factors is the concern of the elderly about the future of their children, the economy, social norms and factors of the development of the times and technology that is growing rapidly
Komparasi Hukum Pernikahan Anak Perempuan Yatim di Bawah Umur Oleh Selain Wali Mujbir Menurut pandangan Imam Abu Hanifah dan Pandangan Imam Malik
Get PDFGuardians are one of the most important components in marriage. The presence of a guardian is a determining factor in the legitimacy of the marriage. In the view of some people, perhaps someone\u27s trust is considered too great, given the right of a guardian who can force his child to marry without having to ask for the child\u27s consent. Under the pretext of freedom to choose their own partners, so many people think that the rights of guardians in modern times need to be reviewed and some even think it is not worth implementing. This short article tries to disentangle views by exposing the opinions of scientists regarding the rights and position of guardians in marriage. This research method uses a normative juridical method, namely an approach that looks at a law or a set of regulations that are normative in nature (law in book). the scholars. The method used in this research is the analytical method. This type of research is library research, where the sources are obtained by searching scientific journal articles and books related to the topic of discussion
Penegakan Hukum Bagi Pelaku Tindak Pidana Incest Terhadap Anak di Bawah Umur dalam Perspektif Hukum Pidana Positif dan Hukum Pidana Islam
Get PDFThis research discusses law enforcement for perpetrators of sexual relations between individuals who still have familial relationships based on consanguinity in the perspective of positive criminal law and Islamic criminal law. By using a comparative approach method, the researcher found differences between positive criminal law and Islamic criminal law in the process of consanguineous sexual relations, especially in the complaint process, and also in the withdrawal of reports. The researcher categorizes consanguineous sexual relations as adultery, which can be legally processed after a complaint from the victim based on Article 284 paragraph (2) of the Indonesian Criminal Code (KUHP), while in Islamic law, with just one of the three existing pieces of evidence, punishment can be imposed immediately without a complaint. Furthermore, in Article 284 paragraph (4) of the Indonesian Criminal Code (KUHP), it is also stated that the complainant is allowed to withdraw their report before a judge\u27s decision. This is different from Islamic law, where once consensual sexual relations are known to have occurred, the punishment cannot be revoked. Since consensual sexual relations are categorized as adultery, punishment is already stipulated in Islamic law as the absolute right of Allah and has been determined in the Quran. Article 294 of the Indonesian Criminal Code should be amended promptly to prevent weakness and be more effective and precise in preventing and punishing perpetrators of consanguineous sexual relations. Furthermore, society should avoid this act, as it not only constitutes a major sin but also severely damages morals and mental well-being
Titik Singgung Penggabungan Gugatan dengan Gugatan Kelompok
Get PDFThis research was conducted with the aim of finding out how to file a civil lawsuit, because the form and aspects of the lawsuit have the same characteristics. Aspects of the same form of lawsuit are cumulative lawsuits and group lawsuits. In this research method the author uses normative legal research, namely research carried out by analyzing applicable laws and regulations. Regarding the sources of legal materials used, they are divided into primary legal materials and secondary legal materials, where the primary legal materials are the main legal materials that are the basis for the study of this writing, namely statutory regulations. That there are differences in the forms of lawsuits even though they have some of the same characteristics, what makes them different is the accumulation of lawsuits / Combination of lawsuits regarding several legal issues that are both subjective and objective in nature, their use in civil courts which usually deal with issues of breach of contract, unlawful acts and divorce, etc. Meanwhile, group lawsuits are used for civil matters regarding consumer protection, the environment and forestry
Timbulnya Keyakinan Hakim dalam Hukum Pembuktian Perkara Pidana di Peradilan Indonesia
Get PDFLegal proof in a criminal case is the process of convincing a judge of the truth of an event that is the basis of a claim or defence in a case. Legal proof has various aspects, methods, and systems that are governed by the rules of the law in force. Legal proof also relates to the concepts of justice, certainty, and validity of the law. The purpose of legal proof is to a fair, true, and in accordance with the facts and law. Law proof faces a variety of challenges and problems, such as the limitation of the means of proof, the difficulty of testing the validity and authenticity of evidence, and the influence of non-law factors on proof. Therefore, legal proof requires improved quality, professionalism, and integrity of the perpetrators, whether judges, prosecutors, lawyers, or witnesses. The methods used are the Legislative approach, the Case approach, and the Conceptual approach. By looking at whether the law of our events is still relevant to the existing case, then how to solve the problem with the emerging views and doctrines in criminal law. The legal proof in criminal cases is also very close to the emergence of judges\u27 beliefs, so the judge is obliged to apply the theory relevant to the conditions that exist at the time of the decision of a case. Thus, theory used must follow the case and the development of the doctrine in the law of criminal cases