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Soumatera Law Review
ISSN : 26205904     EISSN : -     DOI : -
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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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Search results for , issue " Vol 1, No 2 (2018): SOUMLAW" : 10 Documents clear
RELEVANSI PRESIDENTIAL THRESHOLD DENGAN PRINSIP KEDAULATAN RAKYAT Desmon, Andi
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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 | Download Original | Original Source | Check in Google Scholar | 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.
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 | Download Original | Original Source | Check in Google Scholar | 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.
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 | Download Original | Original Source | Check in Google Scholar | 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.
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 | Download Original | Original Source | Check in Google Scholar | 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.
SANKSI ADMINISTRASI BAGI WAJIB PAJAK PAJAK PENGHASILAN ORANG PRIBADI DI KOTA PADANG Arifka, Annisa
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i2.3745

Abstract

Taxes as one of the state's sources of income, including in the field of state administration law, in this case is one of the tools that become a driving force in running the government must provide as much financial income to the State. The tax function is inseparable from tax purposes, while the tax objective is inseparable from the purpose of the country. Thus the tax objective must be aligned with the goals of the country which are the basis of the government's objectives. This research method is normative juridical, by obtaining the results that the implementation of administrative sanctions on personal income tax in the city of Padang are: administrative sanctions in the form of administrative fines of 36% (thirty six percent), administrative sanctions in the form of administrative interest of 57% (fifty-seven percent), as well as administrative sanctions in the form of administrative increases of 17% (seventeen percent). Factors causing personal income taxpayers to be subjected to administrative sanctions are due to delays caused by forgetting, because of the daily activities of taxpayers and because of frequent delays in payments, as well as a small portion who do not know about taxation and also a small part who know the time tax payment due date.
PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA Sinaga, Rustan
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i2.3528

Abstract

After the enactment of Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the implication of handling disputes disputes becomes the authority of the Industrial Relations Court at the local District Court. In addition to the court (litigation) settlement disputes termination disputes may also be settled out of court (non litigation). The Industrial Relations Court at the IA District Court handled several termination matters. In this study the authors will focus on the settlement through the judiciary (litigation). The problems discussed in this paper is the Role of Industrial Relations Court in Providing Legal Certainty to Termination of Employment Case (PHK) and Implementation of Decision. This study is juridical normative. Based on this research the authors draw the conclusion that the Industrial Relations Court has not played a role in Giving Legal Certainty to Termination Employment Case. The Industrial Relations Court only performs its role in accordance with applicable law. Implementation of the PHI's decision that the losing party tended to file a cassation appeal. Parties that have not / do not want to implement the contents of the decision of the IRC are caused by the absence of sanctions in Law Number 13 Year 2003 concerning Manpower and Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.
PERAN ORANGTUA DALAM MENGAWASI ANAK DALAM MENGAKSES MEDIA INTERNET UNTUK MEWUJUDKAN PERLINDUNGAN HAK ANAK Hariyadi, Hariyadi; Arliman S, Laurensius
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i2.3716

Abstract

Children as part of citizens, they have the same rights as other citizens, which must be protected and respected by every citizen and State. Family is the first education in shaping a child's personality. The way of parenting and habits that are often done will be reflected in the child's personality. Rapid technological developments have the potential to make it difficult for people, especially children, to distinguish the real world virtual world. On this matter, this article wishes to discuss: 1) how are the conditions and behavior of children in Indonesia at this time? 2) how is the role of parents in supervising children in the use of internet media to realize the protection of children's rights, 3) and realize sustainable child protection. This study uses normative juridical research with a legislative approach. The current behavior conditions of children in Indonesia according to the latest data, at least 30 million children in Indonesia are internet users, and digital media is currently the main choice of communication channels they use, and many are misdirected in using the internet. When the use of social media and digital media is growing rapidly among young people, parental support and digital media integration in education are still lagging behind. So it's time to catch up with 9 recommendations. Sustainable child protection is the ideal of child protection laws, therefore child protection that is sustainable in accessing internet media should also be monitored.
PROSPEK PEMBENTUKAN DAERAH ISTIMEWASUMATERA BARAT DALAM KORIDOR NEGARAKESATUAN REPUBLIK INDONESIA Putra, Ridwan
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i2.3529

Abstract

The State recognizes and respects special or special regional government units regulated by law, then indigenous and tribal peoples and their traditional rights as long as they are alive and in accordance with the developments and principles of the Unitary State of the Republic of Indonesia. The legal basis of this special area is regulated in Article 18B of the 1945 Constitution. The problems studied in this paper are: first, what is the rationale for the establishment of special region of West Sumatra. Second, what is the prospect of establishing a special region of West Sumatra based on the Indonesian constitution. In this research, approach method used is normative juridical. Based on the results of the study and discussion it is concluded that: first, the rationale for the establishment of this special region of West Sumatra is Article 18B of the 1945 Constitution which gives an opportunity to regions that have special or special characteristics with the record of such specificity is still cultivated / the culture is still alive today. Second, the prospect of establishing a special region of western Sumatra based on the Indonesian constitution is: Conceptualization Stage, Formulation of basic concepts around West Sumatra's special region, key reasons, desired community form, community management procedures to achieve the ultimate goal (all materials for manuscript academic and Draft Law of the Province of West Sumatera Special Region Legislation Stage (by legislatures and state officials) Drafting of the Special Province Provincial Law of West Sumatra, the elaboration of the law into a series of implementing regulations such as regional regulations (PERDA) up to jutlak / field in the field for implementing up to the nagari regulations Institutional stage, Stage change of institution or SKPD (work unit of local government) up to institutions in Nagari, or establishment of new institutions / work units according to law and regulations, and the last stage of socialization.
PERAN JABATAN FUNGSIONAL AUDITOR TERHADAP PENINGKATAN KINERJA BIROKRAT DI LINGKUNGAN INSPEKTORAT PROVINSI JAWA TENGAH Pardosi, Debora Angelia
Soumatera Law Review Vol 1, No 2 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i2.3718

Abstract

The spirit of reform encourages the State Civil Apparatus to carry out renewal and improvement of the system in the development, improvement and service of the community in order to encourage the community and support the implementation of good governance in public administration. Supervision carried out by. The Government, has determined the Functional Position of Auditors who have the scope, duties, responsibilities, and authority to carry out internal supervision on government agencies, institutions or other parties in it. For this reason, this research has two problems. First, how is the role of JFA in improving the performance of bureaucrats in the Central Java Province Inspectorate. Second. What obstacles were encountered by JFA in the supervision process of the performance of Bureaucrats in the Central Java Province Inspectorate. This problem was examined using a sociological juridical approach. In the sociological juridical approach, law as law in action is described as an empirical social phenomenon. The results of this study confirm that: First, there are 2 (two) roles of JFA in improving the performance of bureaucrats in the Central Java Province Inspectorate, namely: Improving the system of internal supervision and control, and improving the quality and professionalism of resources. Secondly, there were several factors encountered by JFA in the supervision process of the performance of bureaucrats in the Central Java Province Inspectorate that had to be immediately corrected to support good governance in public administration. 

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