Soumatera Law Review
ISSN : 26205904     EISSN : -
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.
Articles
19
Articles
PERKAWINAN POLIGAMI DI WILAYAH HUKUM PENGADILAN AGAMA KOTA PADANG (MEKANISIME PEMBERIAN IZIN, DASAR HUKUM, SYARAT-SYARAT POLIGAMI DAN PELAKSANAANYA)

Yohanis, Yohanis ( STISIP Imam Bonjol Padang )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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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.

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

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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.

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

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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 ( Sekolah Menengah Pertama Kristen Kalam Kudus )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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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

PENGEMBALIAN STATUS HUKUM TANAH ULAYAT ATAS HAK GUNA USAHA

Jasmir, Jasmir ( Mahasiswa )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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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.

INDEPENDENSI PENGAWASAN TERHADAP BANK BADAN USAHA MILIK NEGARA (BUMN) DALAM SISTEM HUKUM NASIONAL DI INDONESIA

Shandy Utama, Andrew ( Universitas Lancang Kuning )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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Abstract

Bank position as a financial institution whose business activities collect funds from the community and channel the funds back to the community, and provide financial services. Based on its ownership, the bank is divided into private / private owned banks and state-owned banks, or better known as State-Owned Enterprises (SOEs). The problem in this research is how to supervise BUMN bank in national banking system? What is the government and the House of Representatives intervention on state-owned banks? How is the independence of oversight of state-owned banks after the enactment of Law Number 21 Year 2011? The method used in this research is normative legal research by using approach of legislation. The result of this research is that supervision of state-owned banks in the national banking system is implemented by Bank Indonesia as central bank, but under government intervention as shareholder and House of Representatives as supervisor of government policy. Following the enactment of Law Number 21 of 2011, the supervision of state-owned banks was handed over to the Financial Services Authority as an independent state institution. So that will provide legal certainty for the parties.

KEBERADAAN DAN PENERAPAN PERATURAN DAERAH SYARI’AH SEBAGAI PERUNDANG-UNDANGAN PADA TINGKAT DAERAH

Setiawan, Dian Bakti ( Universitas Andalas )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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Abstract

One of issue which often emerge in local goverment in indonesia is  Peraturan Daerah syariah, that is local regulation based on islamic law. Result of this research conclude that the Peraturan Daerah syariah is transformation of syaria as islamic law into local regulation as  positive law. in side of  legislation, it  can be assesed by using the principles of formulation of legislation and principles of material contens of legislation. To asses from perspective of human rights can be used three categories,  that is: arranging worship, having the character of privat law,  and having the character of publik law.Based on  two assesment instrument, Regulation Arranging worship and having character of private law should be assigned by central government through The Ministery of Religion Affairs, but syaria doctrin having character of publik law can be poured into local regulation as material resources of law.  Academically, the existence of Peraturan Daerah syari’ah is motivated by Islamic doctrin on  the state in interpretation of Ibnu Khaldun  and Ibnu Taymia.  This doctrin is related to the teaching  of Imam Malik that  enable to release  the regulation such as  Peraturan Daerah SyariAh, although  not in the Islamic state. Practically, the Peraturan Daerah syariah is driven by political appointment while political campaign for local election. So far Peraturan Daerah Syari’ah  is more as moral appeal rather than legals norm.

HUBUNGAN DPRD DAN PEMERINTAH DAERAH DALAM PENETAPAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH

Melki, Melki ( Mahasiswa )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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Abstract

The Regional Budget (APBD) is an annual financial plan developed by the regional government then discussed and agreed jointly by the local government and the Regional House of Representatives. This paper itself will discuss how the relationship of the Regional House of Representatives with the Regional Government in determining the APBD, using normative jurisdiction research. Law No. 9 of 2015 of the second amendment to Law No. 23 of 2014 on regional government states that local government administrators are local governments and DPRDs. Both local government institutions are elements of local government administration. The relationship between local government and DPRD in making regional regulation on APBD per, tends to deal in diametrically according to position, duty and authority. The local government and the DPRD jointly discuss and approve the draft local regulations. The draft local regulations on APBD initiatives and initiatives came from the local government, and the draft local regulations together with the DPRD discussed and approved the draft local regulations into local regulations.

PERKAWINAN CAMPURAN DAN DAMPAK TERHADAP KEWARGANEGARAAN DAN STATUS ANAK MENURUT UNDANG-UNDANG DI INDONESIA

Fauzi, Rahmat ( Sekolah Tinggi Ilmu Hukum Putri Maharaja Payakumbuh )

Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

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Abstract

 Marriage was a very deep and strong as a liaison between a man and a woman in the form of a family or household. Mixed marriage is a marriage between two people in Indonesia are subjected to different laws, because of differences in nationality and one party of Indonesian nationality. This marriage means there will be loss of one nationality husband or wife, son and citizenship status of children.So the elements contained in mixed marriages are marriages carried out in the jurisdiction of Indonesia and each subject to different laws because of differences in citizenship, which one of the parties must be Indonesian citizens. And the terms of mixed marriage in article 59 paragraph 2 of Law no. 1/1974, of this article denotes the principle of Lex loci actus which denotes where the legal act takes place. This means that mixed marriages in Indonesia are conducted according to Indonesian marriage law.