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Soumatera Law Review
ISSN : 26205904     EISSN : -     DOI : -
Core Subject : Social,
Soumatera Law Review Online ISSN : 2620-5904 adalah jurnal yang terbit dua nomor dalam satu tahunnya pada bulan April dan Oktober yang akan diisi oleh 10 artikel ilmiah. Diharapkan dengan dua terbitan ini akan memberikan kontribusi besar pada pengembangan ilmu hukum baik di Indonesia maupun di luar negeri dan terkhususnya di lingkungan Kopertis Wilayah X.
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Articles 29 Documents
RELEVANSI PRESIDENTIAL THRESHOLD DENGAN PRINSIP KEDAULATAN RAKYAT Desmon, Andi
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | Full PDF (184.338 KB) | DOI: 10.22216/soumlaw.v1i2.3712

Abstract

As a means of implementing popular sovereignty, general elections have become a sort of agenda for modern state routines within a certain period of time to distribute power. Constitutionally, the implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The Presidential threshold is the concept of proposing presidential and vice presidential candidates. This proposal is carried out by political parties or joint political parties in election elections. Political parties or joint political parties are responsible for the proposed pair of presidents and vice presidents. This paper uses normative juridical research. General elections are the implementation of the principle of popular sovereignty. One of the principles of popular sovereignty is the recognition of the majority of the voice of sovereignty and giving respect to the voice of minorities by providing equal opportunities and benefits to achieve equality and justice. Therefore the implementation of the presidential threshold is not relevant to the principle of popular sovereignty, because it does not give respect to political parties that get a minority vote by providing equal opportunities and benefits to achieve equality and justice.
EFEKTIFITAS MEDIASI DALAM MENYELESAIKAN SENGKETA PERCERAIAN (STUDY DI PENGADILAN AGAMA BUKITTINGGI DAN PENGADILAN AGAMA PAYAKUMBUH TAHUN 2015-2017) Fauzi, Rahmat; Faisal, Faisal
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | Full PDF (301.036 KB) | DOI: 10.22216/soumlaw.v1i2.3722

Abstract

This research was conducted to reveal the Effectiveness of Mediation in Resolving Divorce Disputes in the Religious Courts. The purpose of this study is to describe the application and success rate of mediation in divorce cases in accordance with PERMA No.1 of 2016 concerning Mediation Procedures. As well as explaining the factors that are obstacles and driving the application of mediation as an effort to reduce the rate of divorce against divorce cases in the Religious Courts. So that the problems faced in the divorce dispute can be resolved through mediation by referring to PERMA No. 1 of 2016. This research will be conducted in the Bukittinggi Religious Court and Payakumbuh Religious Court, Case of 2015-2017. The approach used in this research is a sociological juridical approach which is a research based on a legal provision and a phenomenon or event that occurs in the field. The method used in analyzing data is using qualitative analysis methods. The conclusion of this study is the application of mediation in divorce cases in the Religion Court of the Bukittinggi Religion Court and the Payakumbuh Religious Court have not been effective because they are not in accordance with the intention of the issuance of the Supreme Court Regulation on Mediation Procedures in court. The success rate of mediation in the Bukittinggi Religious Court and Payakumbuh Religious Courts in 2015, 2016 and 2017 is very low, as evidenced by the number of cases that succeeded in mediating ± 5%. Supporting factors for the success of mediation: the ability of mediators, sociological and psychological, moral and spiritual factors and the good will of the parties. While the inhibiting factors for the success of mediation are as follows: the strong desire of the parties to divorce, prolonged conflict and economic factors.
PERKAWINAN POLIGAMI DI WILAYAH HUKUM PENGADILAN AGAMA KOTA PADANG (MEKANISIME PEMBERIAN IZIN, DASAR HUKUM, SYARAT-SYARAT POLIGAMI DAN PELAKSANAANYA) Yohanis, Yohanis
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3403

Abstract

Marriage between a man and a woman is known as monogamous marriage, but there is also a form of marriage known as polygamous marriage. In a polygamous marriage institution a man is bound to marriage with many women as his wife. The Marriage Law provides that a court may grant a husband permission to have more than one wife if desired by the concerned public authorities. This paper is the result of the authors research on licensing and the mechanism of polygamy in the jurisdiction of Religious Courts of Padang City. From the results of research, it can be concluded that the perpetrators of polygamy registered in the Religious Court of Padang City is very little, while the polygamy requirement is the existence of permission from the Religious Courts, the application for permission in the Religious Court of Padang City meets the syarta which has been specified by applicable laws and regulations, which form the basis of judges consideration in deciding cases of polygamy permits, the achievement of justice from polygamy actors, the fulfillment of administrative procedures for the application of polygamy permits, the protection of the interests of each party, the factors of equality and economic factors of the perpetrators polygamy. The judge will accept a polygamy permit application if the basics of the consideration are met.
PERAN NASKAH AKADEMIK DAN DAFTAR INVENTARISASI MASALAH DALAM MEWUJUDKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PERLINDUNGAN ANAK YANG ASPIRATIF DI KOTA TANGERANG Beggy Tamara, Hendra Sudrajat,
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | Full PDF (254.68 KB) | DOI: 10.22216/soumlaw.v1i2.3713

Abstract

The rule of law provides guarantees for human rights and popular sovereignty through the constitution. The 1945 Constitution of the Unitary State of the Republic of Indonesia is the highest constitution of Indonesia as the foundation for the implementation of the rule of law of democracy. With the rolling of reforms by amending the constitution to establish new formats of regional government, including the construction of ideal regional regulations. The ideal regional regulation is one that is able to provide solutions to various community problems through binding regulations. The type of research used is normative legal research using a statutory approach or statute approach and a case approach or case approach. the statutory approach or statute approach is to use the regional regulation approach. The establishment of regional regulations is the authority of the Regional People's Legislative Assembly together with the Regional Head, but sometimes raises various problems, namely the role of the regional government more strongly than the people in the process of drafting regional regulations without accommodating the aspirations of the people, including the formation of regional regulations as a form of democracy and participation in the regions. Community participation in the process of forming Regional Regulation Number 2 of 2015 concerning Participatory Child Protection in the City of Tangerang Banten Province is very important to realize a democratic state of law through aspirational regional regulations.
PEMERIKSAAN PENGGABUNGAN GUGATAN GANTI KERUGIAN DALAM PERKARA PIDANA DI PENGADILAN NEGERI KELAS 1B BUKITTINGGI Putri, Rianda Prima
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3348

Abstract

Basically, compensation is a civil case. However, once the criminal law law is applied, compensation can be made in conjunction with a criminal case. Although claims of merger compensation in a criminal case have been written in criminal law, this type of case is hardly found in court. This research proposes to answer 3 (three) problems related to the implementation of the merger claims for compensation (1) the conduct of examination of the merger claims for compensation in a criminal case in Class I Court of B Bukittinggi; (2) judges consideration in making decisions in cases where compensation is combined with a criminal case in Class I Court of B Bukittinggi; (3) obstacles in conducting examination of merger claims for compensation in a criminal case in Class I Court of B Bukittinggi. obstacles encountered in the implementation of the merger of the indemnification lawsuits in the criminal case at the IB Negeri Bukittinggi State Court are: a) Lack of public knowledge; b) have made a peace effort by replacing all losses suffered by the victim (material loss); c) Judges consideration of the economic level of the defendant who has been sued for damages by the plaintiff or victim; d) Plaintiff or victim must be able to prove the total loss he or she has suffered.
MENGENAL DOKTRIN DAN PRINSIP PIERCING THE CORPORATE VEIL DALAM HUKUM PERUSAHAAN Dewi, Sandra
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | Full PDF (202.742 KB) | DOI: 10.22216/soumlaw.v1i2.3744

Abstract

Business entities in the business world are well-known that are already in the form of companies or those that are not yet companies. Based on its legal form, the company is divided into two, namely companies with legal status and those that are not legal entities. As an independent legal entity pursuant to Article 3 paragraph (1) the Limited Liability Company Law stipulates that the responsibility of PT shareholders is limited to the value of shares held in the company. Economically, the element of limited liability of the company's shareholders is an important factor as a motivating bait for the willingness of prospective investors to invest in the company. The formulation of the problem in this paper is: 1) how the piercing doctrine of the corporate veil in corporate law and 2) how to apply the principle of piercing the corporate veil in Indonesia. The type of writing used in this writing is a type of normative legal research. The doctrine of piercing the corporate veil in corporate law can be seen from: a) piercing the corporrate veil; b) the doctrine of fiduciary duty; c) self dealing transaction doctrine; d) doctrine corporate opportunity; e) doctrine businnes judgment rule; f) ultra vires and intra vires. Application of the Piercing Principles of the Corporate Veil in Indonesia: a) company shareholders; b) company founder; c) company directors; and d) commissioners of limited liability companies.
ASAS LEGALITAS DALAM HUKUM PIDANA NASIONAL DAN HUKUM PIDANA INTERNASIONAL Situngkir, Danel Aditia
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3398

Abstract

The principle of legality is the oldest principle of criminal law and is almost found throughout the national criminal law in the world. The existence of this principle is simply to protect citizens from the arbitrariness of the authorities. The strengthening of the issue of human rights contributes to the development of the legality principle, both from national criminal law and international criminal law. Events relating to this issue affect the application of legality principles in law enforcement. The issues to be discussed in this paper are the theoretical principles of legality in criminal law in general and the development of legality principles in national criminal law and international criminal law. The research was conducted by normative juridical method with data collection method through literature study. The application of the principle of legality both in national criminal law and in international criminal law is not rigid, especially to combat crimes against human rights. But in national criminal law must be made in written rules, whereas in international criminal law can be referenced from customary international law.
KURANGNYA PENDIDIKAN REPRODUKSI DINI MENJADI FAKTOR PENYEBAB TERJADINYA PELECEHAN SEKSUAL ANTAR ANAK Simbolon, Dewi Fiska
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3310

Abstract

Equity education in Indonesia is a very complicated issue. The inequality of education in Indonesia occurs in the layers of the poor. Factors affecting inequality is caused by financial or financial factors The higher the level of education, the more expensive costs incurred by individuals. Indonesia is a developing country where most of its people live at an insufficient level. There are many cases of child sexual abuse, where the perpetrator is predominantly an adult and most are the immediate family of the victim, but there are cases of the child. This can be proved by the existence of reports of complaints of victims who enter to the authorities. Criminal acts of child sexual abuse are issues that require special attention by the government as they relate to the morality of the nations generation. In this case the court is an institution or institution related to the child as the perpetrator of acts of pidan especially in sexual crimes. Any child who is a victim or perpetrator of sexual violence or who is dealing with the law is entitled to be kept secret. Every child victim or offender is entitled to legal aid and other assistance
PENEMUAN HUKUM OLEH HAKIM TERHADAP KASUS CAROK AKIBAT SENGKETA TANAH DALAM MASYARAKA MADURA Afif, Muhammad
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | Full PDF (309.155 KB) | DOI: 10.22216/soumlaw.v1i2.3714

Abstract

Carok is a violent conflict of Madurese that arises and is caused by a matter of self-esteem. Carok as an institutionalization of Madurese violence, in the form of attempted murder using sharp weapons, is generally clurit. What is done by men against other men who have been considered to have committed harassment against self-esteem. The formulation of the problem of this paper is: 1) what is the occurrence of carok as a judge's consideration in making a decision in court? 2) how is the theory of legal discovery by the judge in imposing criminal decisions on carok custom cases in Surabaya? This research on scientific work, in the form of normative legal research (normative juridical). In normative juridical research, this study focused on reviewing and examining legal findings by judges on carok cases due to land disputes in the Madura community, so that later the writer could elaborate legal findings by judges against carok cases. due to land disputes in Madura society. Carok is an act that is very contrary to the criminal law in Indonesia, because the effect is detrimental to others, it could cause injury, and die. Judges in deciding disputes must have several stages and theories, namely the stage of analyzing a criminal act, the stage of analyzing criminal responsibility, the stage of determining criminal proceedings (the stage of contradicting, the stage of qualifying, the stage of concluding.
PENGEMBALIAN STATUS HUKUM TANAH ULAYAT ATAS HAK GUNA USAHA Jasmir, Jasmir
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3384

Abstract

Land tenure by the state does not mean possessed, but as the name of the land, grants only the right of access to land which can be given to the land, its designation, use and maintenance and its arrangement to the law and the relations it can do to those lands. Article 3 of the BAL is indeed available the term "customary rights and similar rights". This paper is a normative juridical study, which will discuss the status of ulayat right to the right of business in Indonesia. In 2012, the Constitutional Court granted most of the material of Law No. 41 of 1999 on Forests petitioned for the Alliance of Indigenous Peoples of the Archipelago (AMAN) and two indigenous communities namely Kanegerian Kuntu and Kasepuhan Cisitu. After the issuance of Regulation of the Minister of Agrarian Affairs No. 5 of 1999, the status of land of Hak Guna Usaha derived from customary community land from a limited period of time or Hak Guna Usaha which abolishes based on applicable provisions, which then the land is re-paid into the community ulayat right customary law.

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