Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
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Published By Universitas Islam Sumatera Utara

2613-9340, 1412-1255

Author(s):  
Anjani Sipahutar

This study aims to determine that there are still many events that are still require the liability from the commercial air transportation company, both from the carrier company and those who are related to the carrier, such as flight delays (flight delay) either caused by weather factors or internal factors from the carrier company, the occurrence of negligence from the transport officer which causes the loss of goods owned by passengers, or because of there is an event for which the reason is unknown so that the aircraft experiences interference during the flight, from the results of this research it can be seen that the carrier operating the aircraft is obliged to be responsible for losses against:a. passengers who died, disability or injury;b. lost or damaged of the cabin baggage;c. lost, destroyed, or damaged of the checked baggage;d. lost, destroyed, or damaged of the cargo;e. delay in air transportation; andf. losses suffered by third partiesas well as who are the parties involved, the requirements that must be fulfilled and how the rights and the obligations of the parties are fulfilled, as well as other provisions in its implementation if a passenger's goods are lost or damaged and provide a description of its protection.Keywords : Liability, Theft of Goods, Aircraft Passengers, Kualanamu International Airport.


Author(s):  
Azansyah Hasyif

People’s Housing Credit (KPR) by indent, as the product of PT Bank Tabungan Negara (Persero), is buying houses which have not been built by contractors by credit system. The houses will be built when the contract is signed by the prospective buyers who have ordered the houses. The Bank is vulnerable to the risk of developers’ default in building the houses; it is also take the risk of the default the debtors who are not able to pay the installment while the houses are being built. It is necessary to study the legal realationship in giving KPR by indent so the research was done at PT Bank Tabungan Negara (Persero), Tbk, KCP Sutomo, Medan. The research used juridical normative method with descriptive analytic approach, supported by primary data. The data were gathered by conducting library research, field study, documentation, and interview and analyzed by using qualitative method. The legal relationship between PT Bank Tabungan Negara (Persero) Tbk KCP Sutomo with developers and borrowing customers in providing indent housing loans (KPR) is a form of tripatrit legal relationship, because of the cooperation agreement between Bank BTN and the developer and provision of credit between Bank BTN. and borrowing customers where the three parties each have rights and obligations.  Keywords: people’s housing credit, indent, prudential principle, bank


Author(s):  
Brahma Putra Perkasa
Keyword(s):  

As a general official, a notary is required to be responsible for carrying out his authority so that he can provide legal counseling to the parties before the deed is drawn up. If in the future the deed that has been made turns out to contain a dispute then this definite matter needs to be questioned, whether the error in the deed was caused by the notary, or whether the parties did not provide false information beyond the knowledge of the notary or was there an agreement made between the notary and one of the parties facing, or was it the mistake of the parties who did not provide the documents properly.It is recommended that in the future the notary when conducting legal counseling can be carried out in front of the parties and every legal counseling that has been carried out by a notary and approved by the parties should be written in a deed, or if this cannot be done, the notary can put it in a separate deed, this is done as the evidence that the notary has fulfilled its obligations in providing the legal counseling in connection with the deed to be drawn up.Keywords : Legal Counseling, Responsibilities of a Notary, Law on Notary Position


Author(s):  
Muhammad Ridwan Lubis

The title of this Journal is "The Crime of Land Grabbing in a Criminal Law Perspective". The research problems studied in this thesis are how to regulate the crime of land grabbing, how is law enforcement against the crime of land grabbing. The research method used in this research is to use normative juridical research sourced from library research using secondary data which consist of primary legal materials, secondary legal materials and tertiary legal materials.The result of the research shows that the regulation of thecrime of land grabbingis regulated in a number of provisions concerning the crime of land grabbing which is regulated in some provisions of the legislation, including Law Number 51 Prp. 1960 states that the use of land without a permit with the right or legal power is prohibited and punishable by criminal penalties (Article 2 and Article 6) and it is regulated in the Criminal Code in several articles, namely Article 167, Article 242, Article 263, Article 264, Article 266, Article 274, and Article 385 of the Criminal Code.. Law enforcement against the crime of land grabbing is subject to Article 385 of the Criminal Code which is the only article directly related to the land grabbing and is categorized as a criminal offense. Particularly in Article 385 paragraph (1) of the Criminal Code which reads: "whoever with the intention of illegally benefiting himself or another person, sells, exchanges or burdens with credietverbandsomething right to Indonesian land, a building, construction, planting or seeding, even though it is known that it is someone else who owns or shares rights over it. Keywords : Crime, Land Grabbing, Criminal Law.


Author(s):  
Halimatul Maryani

The scope of education is the parties that are involved in the sphere of education such as proteges/students/college students, the basic and the purpose of education itself, educators, educational materials, educational methods, educational evaluation, educational tools and the surrounding environment within the scope of education. Education is also one of the most important parts of human life that has provisions that aim to help the improvement of living standard and life for themselves and for the country. If referring to the Article 31 (amendment) paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that "Every citizen has the right to education, of course education is meant in principle, learning what we know is based on face to face in the class. to transfer the knowledge to their students (students / college students). This has now turned into virtual, distance learning, due to various constraints of limited facilities and infrastructure, the ability to absorb the technology, on the other hand, the unstable condition of the spread of covid-19 has certainly become a dilemma for several universities, including the university of Muslim Nusantara Al Washliyah in implementing learning whether it's pure online use organized with Distance Learning (PJJ) -virtual and other types of virtual.Keywords : Strategy, the Quality of Learning,New Normal


Author(s):  
Syarifuddin Syarifuddin

The purpose of law enforcement is to harmonize the relationship of the values that are outlined in the rules, and to create, maintain and preserve peace in social life. Women and children are very vulnerable to becoming victims in all forms of violence or criminal acts, including violence in the domestic sphere. This research is descriptive analysis because it only explains about legal arrangements, law enforcement, as well as barriers and efforts to enforce the law by Medan Police against perpetrators of criminal acts of domestic violence (Research Study at Medan Police).The regulation of domestic violence law is contained in the Article 4 of Law of the Republic of Indonesia Number 23 of 2004 concerning Domestic Violence which states that the purpose of domestic violence is to prevent all forms of domestic violence, protect victims, take action against perpetrators, and maintain the integrity of the household. The application of the law by the police against the perpetrators of criminal acts of domestic violence prioritizes prevention, protection of victims, and maintaining household integrity. Barriers and efforts in law enforcement are that the regulations contained in PKDRT Law have not been integrated with other statutory regulations for law enforcement against criminal acts of domestic violence, so that the police strive to deal with restorative justice in order to improve and maintain the integrity of the households of the people dealing with the law.Keywords: Law Enforcement, Perpetrator, Criminal Acts, Domestic Violence


Author(s):  
Supaino Supaino

This paper aims to examine the problems of conventional bank interest and the Islamic capital market in the perspective of Islamic law. The debate regarding the concept of interest and usury against additional rewards (benefits) from conventional banking products and the Islamic capital market has become a polemic in the life of Indonesian Muslim communities. The opinion of the scholars in addressing interest in the context of conventional banking and usury has generated its own debate, as well as the capital market in the perspective of sharia. This research is a literature research using both classical and contemporary fiqh books, holy books and journals regarding conventional bank interest and Islamic capital markets which are analyzed descriptively. In conclusion, conventional bank interest is a part of a form of usury which is prohibited, although there are differences of opinion among scholars in it. Likewise, the capital market, while it related to the Islamic capital market, there are various opinions of Islamic law scholars and it has given birth to the decision of Majma 'Fiqh. Keywords: Conventional Bank, Sharia Capital Market, Islamic Law


Author(s):  
M. Faisal Rahendra Lubis

Unlawful deed are an adverse effect to the rights of other people created by the law. This indicates that unlawful deed of disobedience based on consent and legal actions resulting from man’s own actions. Studies suggest that an act is unlawful when it adds to the several elements of an act, it must unlawful deed, it must inflict harm, it is wrong, and between the act and the harm inflicted there must be a causal relationship. Unlawful deed in this case by violating the ordinance in article 1335 dan article 1337 KUHPerdata, that is a forbidden cause and the existence of covenant matters or materials in violation of the law make it subject to article 1365 KUHPerdata. It was concluded that elements of unlawful deed constituted unlawful deed performed by the individual and those works were contrary to the right of another person to possession of property that didn’t belong to him. As a result when a man takes possession of the land of another’s property, the owner of the land of another’s property is required to vacate and return the land of property rights to its owner. All forms of deeds are categorized unlawful deed when they are unlawful deed, and when an individual has done wrong at the expense of the rights of another.Keywords: Unlawful Deeds, Legal Consequences, Land Of Proferty


Author(s):  
Ervina Sari Sipahutar

AbstractThe problem of waste in Indonesia is a very complex problem in a society that lacks sensitivity to the environment. Undisciplined cleanliness can create a bad atmosphere due to piles of garbage. The city development is indirectly caused by the increase in the population of the city. In this case, waste management in Medan city has a special regulation in waste management which is regulated in Regional Regulation Number 6 of 2015 concerning Solid Waste Management. It is based on Article 1 of Regional Regulation Number 6 of 2015 concerning Solid Waste Management. Therefore, Medan city government and North Sumatra provincial government made an agreement regarding the management of this waste. Regarding the form and the content of the agreement, it is submitted to the agreement of the parties conducting the agreement. Keywords : Cooperation Agreement, Waste Management, North Sumatra Provincial Government, Medan City Government 


Author(s):  
Dewi Ervina Suryani

The government poured out the budget of trillions as a form of seriousness in handling the coronavirus outbreak which began to spread in Indonesia in the early of 2020. The amount of subsidized funds for the care of covid-19 patients provided by the government to hospitals is used by rogue hospital personnel to reap huge profits by convicting patients who are suffering from other diseases so that they have the status of covid-19 patients (not covid-19, sentenced to covid-19). This research is a type of normative legal research which is conducted by examining the library materials or secondary data. The secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials used in this study were obtained through books, government publications, internal organizational records, reports, journals, and various sites related to coronavirus. The secondary data obtained are then processed by using library research data collection techniques (library research). The study is then analyzed qualitatively through the descriptive analytical method, so that a general conclusion is obtained about the coronavirus. The results showed that the form of legal protection against the determination of Covid-19 status in patients with general illnesses by hospitals in Medan was in the form of compensation. This refers to the Law Number 8 of 1999 concerning Consumer Protection and Law Number 36 of 2009 concerning Health. Keywords: Legal Protection, Covid-19 


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