DOKTRINA: JOURNAL OF LAW

Journal Information
ISSN / EISSN : 2620-7141 / 2620-715X
Published by: Universitas Medan Area (10.31289)
Total articles ≅ 26
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Dwi Desi Yayi Tarina, Imam Haryanto
DOKTRINA: JOURNAL OF LAW, Volume 4, pp 1-15; https://doi.org/10.31289/doktrina.v4i1.4124

Abstract:
The price policy is an inseparable part of business competition. The price policy is not solely related to efforts to maintain prices or even control prices at a certain level but is an effort to generate profits that are proportional to social welfare. Since the entry of business competition regulations in Indonesia, with the increase in airline business actors, the competition between them has become more profitable for consumers. With high competition and competitive prices, airlines, especially national airlines, show that the target of this airline is the middle market share. In this paper, we will discuss the determination of the lower tariffs for air transportation issued in the Regulation of the Minister of Transportation of the Republic of Indonesia and regarding its application and impact on consumers and business actors in the aspect of business competition. Research result The stipulation of the lower limit rate stipulated in the Regulation of the Minister of Transportation Number 14 of 2016 is basically against the provisions of the business competition law, particularly about the prohibition on price-fixing as regulated in Article 5 Paragraph (1) of Law No. 5/1999. The effect of Regulation of the Minister of Transportation Number 14 of 2016 on airline business actors and consumers, among others, is that the freedom of business actors to determine their fares is reduced, this results in not achieving price efficiency.
Beby Suryani Fithri, Riswan Munthe, Anggreni Atmei Lubis
DOKTRINA: JOURNAL OF LAW, Volume 4, pp 69-84; https://doi.org/10.31289/doktrina.v4i1.4918

Abstract:
Consumer protection should receive more attention, because foreign investment has become part of Indonesia's economic development, where the Indonesian economy is also related to the world economy which can have negative implications for consumers. This study aims to determine the adoption of the ultimum remedium principle in consumer protection law and to determine the ultimum remedium principle of business actors in consumer protection law. The research method used is a normative juridical research method with secondary data source and analyzed deductively. The research desire to be achieved in consumer protection is to create a sense of security for consumers in meeting the needs of life. It is proven that all consumer protection norms in the Consumer Protection Law have criminal sanctions. The presence of criminal sanctions in consumer protection regulations is a form of ultimum remedium (the last alternative) when resolving consumer protection disputes through other legal channels is not sufficient.
Hesty Kartikasari, Agus Machfud Fauzi
DOKTRINA: JOURNAL OF LAW, Volume 4, pp 39-52; https://doi.org/10.31289/doktrina.v4i1.4482

Abstract:
AbstrakTujuan dari penulisan jurnal ini adalah untuk mengetahui bagaimana respon masyarakat terhadap UU Cipta Kerja yang terlah disahkan oleh DPR RI. Teknik pengumpulan data yang digunakan yaitu studi literatur. Hasil pembahasan menyatakan bahwa pengesahaan RUU yang disahkan dalam sidang Paripurna pada 5 Oktober 2020 menuai beragam reaksi dari masyarakat. Banyak elemen masyarakat yang tidak setuju dengan pengesahaan UU Cipta Kerja tersebut. UU Cipta Kerja dinilai tidak memihak pada masyarakat terutama kaum buruh. Beberapa pasal dalam UU Cipta Kerja dinilai merugikan kaum buruh. Salah satunya mengenai uang pesangon dan nilai santunan yang diturunkan. Banyak masyarakat yang kontra dengan pengesahaan UU tersebut. Masyarakat, terutama yang berasal dari elemen buruh dan mahasiswa melakukan aksi demo di berbagai wilayah untuk menolak pengesahaan UU Cipta Kerja. Di Sidoarjo demo dilakukan oleh para buruh dan mahasiswa di depan gedung DPRD Sidoarjo pada Kamis 8 Oktober 2020. Beberapa elemen mahasiswa turun ke jalan dan mendatangi gedung DPRD dan menyampaikan tuntutan penolakan atas pengesahaan UU Cipta Kerja.Kata kunci: Pengesahan, UU Cipta Kerja, MasyarakatAbstactThe purpose of writing this article is to find out how the public responds to the UU Cipta Kerja which has been legalized by the Indonesian Legislative Assembly. The data collection technique that being used literature review. The results of the discussion stated that the ratification of the RUU which was passed in Sidang Paripurna October 5, 2020, attracted various reactions from the public. Many elements of society expressed their with the passage of the UU Cipta Kerja. UU Cipta Kerja is considered to be impartial to the community, especially the workers. Several articles in the UU Cipta Kerja are considered to be detrimental to workers. One of them is regarding severance pay and lowered compensation value. Many people contravene the legalization of the law. The community, especially those from labor and student elements, held demonstrations in various regions to reject the ratification Creation of the UU Cipta Kerja. In Sidoarjo a demonstration was held by workers and students in front of the Sidoarjo DPRD building on Thursday, October 8, 2020. Several student elements took to the streets and came to the DPRD building and submitted demands for rejection of the ratification of the UU Cipta Kerja.Keyword: legalized, UU Cipta Kerja, Society
Ferdi Gultom, Agus Machfud Fauzi
DOKTRINA: JOURNAL OF LAW, Volume 4, pp 53-67; https://doi.org/10.31289/doktrina.v4i1.4868

Abstract:
RUU Cipta Kejra is part of the Omnibus Law in the ratification of many verses which are in the context of controversy. The ratification of the RUU Cipta Kerja invites conflict between workers and the government. Both parties experienced collisions, which resulted in demonstrations on 8-10 October. The demonstration involved workers and students. The demonstration was also chaotic because of the elements who carried out acts of fandalism. The purpose of this paper is to discuss the rejection of the RUU in the View of Sociological Conflict Theory. So this paper will discuss how the demonstration was carried out from a sociological perspective, particularly in sociology of law through conflict theory. This paper uses the literature study method, which data sources come from secondary sources obtained through news sources, articles, journals, and books. Then from the data obtained, it is processed and analyzed using Conflict Theory. The results of this study were demonstrations caused by conflicts between students and workers and the government. There are several factors that led to the demonstration, namely, First, communication between workers and the government. Second, there is a change in the balance in society where the workers are threatened by their human rights. Third, interests. Fourth, there is pressure from the past or unresolved problems, where the reserves of workers are not fulfilled.
Nur Anissa, Arfin Hamid, Ratnawati Ratnawati
DOKTRINA: JOURNAL OF LAW, Volume 4, pp 16-38; https://doi.org/10.31289/doktrina.v4i1.4253

Abstract:
Islamic law does not determine the age of marriage for women, but only provides the conditions according to the Surah An-Nur Verse (6) and (32), Marriage may be carried out if it is old enough or fit for marriage or maturity". The Islamic Law Compilation (KHI) determines the age of marriage if it reaches the age of 16 years, this is subject to debate because national law determines the age of 16 years is the age of children or minors who still need education or physical and mental maturity. This study aims to analyze the paradigm of Islamic law on the age of marriage for women, the normative aspects of female marriage at an early age and the implementation of early marriage for women. This study uses a normative approach, namely examining existing problems normatively and factually using applicable laws and regulations and legal theories supported by literature data studies, research is carried out by examining library materials to obtain secondary data. The scholars agree that women can marry if they have adults with characteristics, namely: First, physically able (physically) marked by menstruation usually occurs at the age of 9 to 17 years. The second requirement is being able to be psychologically related to the education or way of thinking of a woman to deal with various conditions in marriage. The factor of a woman's maturity varies in each region because it is influenced by culture, women's physicality (reproduction), education and so on. In this era of globalization, with the factors mentioned above, it is ideal for women to marry when they are 21 years old.
Bandaharo Saifudin
Published: 31 October 2019
DOKTRINA: JOURNAL OF LAW, Volume 2, pp 135-150; https://doi.org/10.31289/doktrina.v2i2.2616

Abstract:
This paper discusses the legal protection to consumers in electronic commerce studies according to statutory provisions. The purpose of this research is to protect the law of consumers who carry out trade transactions through online electronics and the implementation of electronic commerce on the sale and purchase site of Kaskus and how to sell to avoid fraud. This research method is a normative juridical that leads to empirical research that is research conducted using material sourced from secondary data, including language from applicable legislation, books, court decisions, relevant legal theories, and opinions of bachelor. The results and discussion regarding legal protection to consumers in online-based electronic commerce (e-commerce) for conducting transactions as regulated in Article 4 letters c and h of the UUPK are absent. The right of consumers to obtain true and honest information about the conditions and guarantees of goods are not fulfilled. Fulfillment of consumer rights to obtain compensation and compensation if the goods received are not in accordance with what was promised, to get compensation by asking consumers to send the goods back to the seller and then the obligations of the business actor in this provision the seller as legally stated the seller must be responsible for returning the purchase price and reimbursing costs or losses to consumers.
Sugih Ayu Pratitis
Published: 31 October 2019
DOKTRINA: JOURNAL OF LAW, Volume 2, pp 151-163; https://doi.org/10.31289/doktrina.v2i2.2703

Abstract:
The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.
Aras Firdaus
Published: 31 October 2019
DOKTRINA: JOURNAL OF LAW, Volume 2, pp 164-172; https://doi.org/10.31289/doktrina.v2i2.2751

Abstract:
Today trees are inseparable from human life because they are part of the continuity of life but some people themselves neglect trees as living things. when the election campaign party takes place each pair of candidates who take part in the party of democracy we can find a number of trees used as campaign props. Through the criminal law policy instruments contained in the legislation has given strict sanctions. For the sake of the balance of life between nature and humans for the protection and management of the environment, but some people ignore the sanctions of criminal sanctions .. So that the legal protection specifically for the tree rules applied for the continuity of life and the future of humans in the future. The method used in this research is normative juridical analytical descriptive, the aim is to obtain a systematic and detailed picture to answer the problem to be examined. the legal arrangement and protection of trees during the election campaign requires special rules according to the results of the study, so as to minimize environmental damage. The use of trees as campaign props during elections so that law enforcement officials and the relevant government can take legal action against candidates for legislative and executive members.
Sarmadan Pohan
Published: 31 October 2019
DOKTRINA: JOURNAL OF LAW, Volume 2, pp 117-134; https://doi.org/10.31289/doktrina.v2i2.2615

Abstract:
Debate over the issue of the authority of the corruption eradication commission in conducting investigations, investigations and investigators. The purpose of this study is to examine the legal basis for the authority to prosecute KPK for money laundering and the position of the authority to prosecute corruption eradication commissions for money laundering crimes in the future. This research method is normative, in which research of document studies using a variety of secondary data. The results obtained from this study are that the Article 6 of Law Number 30 of 2002 that the KPK only has authority in conducting investigations, investigations and prosecutions of money laundering crimes. In IusConstitutim or what applies in a regulation or better known as the law, the Corruption Eradication Commission does not have the authority to prosecute money laundering, different empirically different from seeing what happens in society that the KPK is deemed necessary to prosecute a laundering crime in TPPU is a double-track criminality in which there is an original and advanced crime, if the money laundering is a further criminal act of corruption as an original criminal act empirically then the Eradication Commission Corruption continues to prosecute because it still have a rights.
Marwan Busyro
Published: 31 October 2019
DOKTRINA: JOURNAL OF LAW, Volume 2, pp 99-116; https://doi.org/10.31289/doktrina.v2i2.2614

Abstract:
This paper will write about crimes committed by thugs in criminological studies. The purpose of this study are the factors that cause thugs to commit crimes in Batangtoru and head sector police made by the Batangtoru police sector against thugs in Batangtoru. The research method is normative which studies the study of documents using secondary data such as statutory regulations. Based on the results of this study found factors causing thugs to commit crimes in Batangtoru regarding environmental factors, economic factors, educational factors, alcoholic drinks (alcohol). In addition, regarding crimes of thugs in Batangtoru such as the availability of free time that cannot be used for other activities, consumptive lifestyles that are accompanied by reduced work interest or job opportunities. Whereas the efforts to overcome thuggery in Batangtoru, namely the Batangtoru Sector Police, have taken preventive and repressive measures. In addition to preventive measures, the Batangtoru Police Station also took repressive efforts to crack down on thuggery actions that occurred in the community. Repressive efforts are carried out by carrying out street crime operations by raiding and cracking down on thugs in the community.
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