Jurnal Normatif
https://jurnal.alazhar-university.ac.id/index.php/normatif
<p>ISSN : <a title="issn cetak" href="https://issn.lipi.go.id/terbit/detail/20210603371814523" target="_blank" rel="noopener">2797-3670<span class="fontstyle0"> </span></a><span class="fontstyle2"><a title="issn cetak" href="https://issn.lipi.go.id/terbit/detail/20210603371814523" target="_blank" rel="noopener">(media cetak)</a> | ISSN : <a title="issn online" href="https://issn.lipi.go.id/terbit/detail/20210603461837140" target="_blank" rel="noopener">2797-3689<span class="fontstyle0"> </span>(media online)</a></span></p> <p>Jurnal Normatif adalah wadah menerbitkan artikel penelitian yang asli dibidang Ilmu Hukum, Hukum Bisnis dan Hukum Acara. Jurnal ini dekelola oleh Fakultas Hukum Universitas Al Azhar Medan terbit 2 kali setahun yaitu bulan Juni dan Desember. Tim editorial bertujuan untuk mempublikasikan penelitian dan inovasi yang kreatif, berkualitas tinggi dengan mengangkat berbagai hasil riset atau penelitian maupun studi kasus yang terjadi dilapangan dari berbagai aspek dan perspektif yang berkembang dalam masyarakat.</p>Fakultas Hukum Universitas Al Azhar Medanen-USJurnal Normatif2797-3670Kewenangan BPSK dan BMAI dalam menyelesaikan sengketa asuransi Antara perusahaan asuransi dan pemegang polis asuransi
https://jurnal.alazhar-university.ac.id/index.php/normatif/article/view/394
<p>Disputes can occur in various sectors, one of which occurs in the insurance sector. If there is a dispute or insurance dispute between the insurer and the insured, the parties to the dispute can choose to resolve the dispute they are experiencing through court/litigation or outside court/non-litigation. Dispute resolution that is resolved through court/litigation is regulated in Article 1266 of the Civil Code, and dispute resolution outside of court can be done through Alternative Dispute Resolution (ADR). Based on statutory regulations in effect until 2019, the LAPS established for disputes in the insurance sector is the Indonesian Insurance Mediation and Arbitration Agency (BMAI). One example of a dispute in the insurance sector that was resolved through alternative dispute resolution is the case of Decision Number 17/Pdt.Sus-BPSK/2021/PN Llg</p>Anjani SipahutarErvina Sari SipahutarMuhammad Fauzi
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2024-12-302024-12-304239139910.54123/jn.v4i2.394Tindak pidana Cyber Pornografy dalam perspektif Undang-Undang Nomor 44 Tahun 2008 tentang Pornografi dan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan transaksi elektronik
https://jurnal.alazhar-university.ac.id/index.php/normatif/article/view/395
<p><em>One of the negative impacts of technological progress is the spread of pornographic information, which has become a serious concern for all parties, including the government, law enforcement officials, practitioners and academics, as well as society in general. Pornography crimes most often occur in cyberspace by displaying photos, videos, stories and moving image</em><em>s. For example, the case involving a female YouTuber from Sidoarjo who was convicted of committing the crime of pornography in the Wates District Court Decision Number 23/Pid.B/2022/PN.Wat.</em></p> <p><em>Regulations regarding cyber pornography in the provisions of Law no. 11 of 2008 concerning Information and Electronic Transactions and Law no. 44 of 2008 concerning pornography has complex legal regulations in Indonesia, but for cyber pornography there is no comprehensive regulation. The type of criminal act of pornography via electronic media which is regulated in Article 27 paragraph (1) of the ITE Law is a formal offense because the article only describes prohibited acts, such as every person intentionally and without the right to distribute and/or transmit and/or make it accessible. electronic information and/or electronic documents that contain content that violates decency. Meanwhile, the elements of the consequences of prohibited acts are not described in the article because the consequences of cyberporn crimes are personal offenses, meaning that the consequences cannot be measured objectively. Apart from that, Article 27 paragraph (1) of the ITE Law aims to protect individual rights or concerns a person's right to privacy, therefore this article is regulated as a formal offense, not a material offense. Meanwhile, the prohibition on the dissemination of pornographic content, including via the internet, in the Pornography Law is regulated in Article 4 paragraph (1). The judge's considerations in imposing a crime in decision case number: 23/Pid.B/2022/PN.Wat have taken into account both juridical and non-juridical facts. In choosing the charges, the judge also considered which charges were deemed most appropriate, namely the first charge, namely violating the provisions of Article 29 in conjunction with Article 4 paragraph (1) of Law no. 44 of 2008 concerning Pornography in conjunction with Article 64 paragraph (1) of the Criminal Code. The judge's application of law in the Wates District Court decision Number: 23/Pid.B/2022/PN.Wat is in accordance with the provisions of statutory regulations</em></p>Umi KhairiahMaswita MaswitaWarsiman Warsiman
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2024-12-302024-12-304240040910.54123/jn.v4i2.395Pengujian putusan kode etik penyelenggara pemilu dalam ranah Hukum Administrasi Negara
https://jurnal.alazhar-university.ac.id/index.php/normatif/article/view/396
<p style="text-align: justify;">The Elections is carried out based on the standard provisions of the Law and the Code of Ethics for the Implementation of Elections. According to the Indonesian electoral Law Number 7 of 2017 concerning Elections, the elements of the Election Organizer consist of the General Election Commission, the Election Supervisory Body and the Election Organizer Honorary Council which are a unified function of organizing elections. The role of the Election Organizer is highly demanded for its ability to implement the regulations of the election stages by heeding the Election Organizer Code of. The integrity and quality of the election are determined by the compliance of the election organizers in fulfilling the principles and ethics of election organizers as the basic formula for the formulation of the Election Organizer Code of Ethics, so that the enforcement of the Election Organizer Code of Ethics (rule of ethics) is a necessity in our democratic system. DKPP is authorized by law to carry out the function of maintaining the integrity, independence and credibility of the Election Organizer. DKPP can impose ethical sanctions on election organizers from warning sanctions to permanent dismissal of election organizers with the power of its decision instrument which was originally final and binding (Article 458 paragraph 3 of the Election Law). The provision of final and binding nature has been tested in the Constitutional Court in PUU case No. 32/PUU-XIX/2021 jo. No. 31/PUU-XI/2013, and then authorized the State Administrative Court to be able to test DKPP decisions. Thus, corrections to DKPP's ethical decisions can already be tested through the means of enforcing state administrative law (administrative law) with PTUN (beschikking) which is expanded so that it requires adjustments to the norms of the State Administrative Court Procedure Law.</p>Agussyah Ramadani Damanik
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2024-12-302024-12-304241042210.54123/jn.v4i2.396Tipologi tindak pidana Perbankan dalam perspektif Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan
https://jurnal.alazhar-university.ac.id/index.php/normatif/article/view/397
<p>bank is an intermedial institution, namely a business entity that collects funds from the public in the form of savings and distributes them to the public in the form of credit and/or other forms in order to improve the standard of living of many people. The aim of collecting public funds and channeling them in the form of credit and other forms is to improve welfare, which is also part of the state's goals.Activities that can cause harm and threaten the failure to achieve banking objectives may be subject to criminal charges. Regulations regarding banking crimes are regulated in Law number 10 of 1998 concerning amendments to Law Number 7 of 1992 concerning banking. Several articles regarding acts that can be punished are regulated in this law.In order to make it easier to understand the actions that can be punished in the banking sector, this can be done by identifying the types of banking crimes. This article outlines the typology of banking criminal acts based on laws and regulations in Indonesia.</p>Indra Gunawan Purba
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2024-12-302024-12-304242342910.54123/jn.v4i2.397Hukum korupsi di Indonesia perspektif multidisipliner
https://jurnal.alazhar-university.ac.id/index.php/normatif/article/view/398
<p style="text-align: justify;"><em>Corruption is not just a symptom, it has become a culture. In essence, corruption is a form of structural violence and cultural violence. Various approaches have been offered to provide solutions to eradicating corruption, but the results have not been optimal. In this paper, we will examine various approaches in various scientific disciplines (multidisciplinary: anthropology, morals, philosophy, law and education) to the problem of corruption, including multiple interpretations of terms, to be able to provide a comprehensive understanding. From an anthropological perspective, for example, corruption originates from the traditional concept of tribute, and this tribute tradition originates from the concept of offerings. Then in Islam there are also those who transcend the concept of tribute into zakat, and the concept of offerings with udhiyyah. In another perspective, these efforts include; moral force movement, dualism demarcation tactics and deliberative democracy (communicative action), criminal action (theft), and anti-corruption curriculum.</em></p>Irwansyah TanjungWaryani Fajar Riyanto
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2024-12-302024-12-304243044410.54123/jn.v4i2.398