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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
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.
INDEPENDENSI PENGAWASAN TERHADAP BANK BADAN USAHA MILIK NEGARA (BUMN) DALAM SISTEM HUKUM NASIONAL DI INDONESIA Shandy Utama, Andrew
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3312

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.
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.
HUBUNGAN DPRD DAN PEMERINTAH DAERAH DALAM PENETAPAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH Melki, Melki
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3385

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.
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.
KEBERADAAN DAN PENERAPAN PERATURAN DAERAH SYARI’AH SEBAGAI PERUNDANG-UNDANGAN PADA TINGKAT DAERAH Setiawan, Dian Bakti
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3327

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.
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. 
PERKAWINAN CAMPURAN DAN DAMPAK TERHADAP KEWARGANEGARAAN DAN STATUS ANAK MENURUT UNDANG-UNDANG DI INDONESIA Fauzi, Rahmat
Soumatera Law Review Vol 1, No 1 (2018): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v1i1.3395

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.
ANALISIS YURIDIS TERHADAP PENYIMPANAN SERTIFIKAT HAK ATAS TANAH OLEH NOTARIS PADA PROSES PENGIKATAN JUAL BELI (PJB) (ANALISIS PUTUSAN NOMOR 53/PID.B/2017/PN.BKT) Azhar, Dila Andika
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3557

Abstract

The sales and purchase agreement is a preliminary agreement whose made by the parties in front of the notary before they do the deed of sales and purchase in front of the Land-deed officials. In case of breach of contract occurence toward sales and purchase agreement, the Notary frequently reported to the authorities on charges of keeping the land rights certificates in the process of sales and purchase agreement, Eventhough the parties have agreed to place their sign or keep such evidence to the Notary. This case is apparent in the verdict Number 53/Pid. B/2017/PN. Bkt on defendant Elfita Achtar, a notary public who was reportedly due to kept and not given four (4) Building Rights Certificates owned by PT. Rahman Tamin

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