Jurnal Sarak Mangato Adat Mamakai最新文献

{"title":"Pelaksanaan Fungsi Legislasi Dewan Perwakilan Rakyat Daerah Kota Solok Menurut Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan","authors":"Aermadepa Aermadepa, Roza Sepreni","doi":"10.36665/sarmada.v5i1.140","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.140","url":null,"abstract":"This research aims to determine the legislative function or regulatory function of the DPRD which is not only seen from the number of regional regulations produced, which are derived from the DPRD's initiative rights. However, most DPRDs do not have the initiative in making local regulations. The legislative function of the Solok City DRPD is still not fully running well, the fact that occurred in 2014-2019 of the 30 (thirty) regional regulations that have been stipulated, 29 (twenty nine) regional regulations are proposals from the Solok City Government, only 1 (one) which is the initiative of the Solok City DPRD. The problem approach used in this research is sociological juridical. The data collected in the form of primary data and secondary data. The data that has been obtained will then be processed in the form of editing and analyzed qualitatively so that it can answer the existing problems. In carrying out its legislative functions, the Solok City DPRD for the 2014-2019 period shows that in terms of implementing the right of initiative, it is still lacking. It can be seen from the 30 regional regulations that were produced during that period, only 1 (one) of them was an initiative of the legislature, the rest were products of the executive. Meanwhile, in terms of implementing the right to make changes to draft regional regulations, the Solok City DPRD is better, where all the proposed regional regulations are made changes and improvements are made for the better, so that the resulting local regulations are better and beneficial for the people of Solok City.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133639120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Disparitas Putusan Hakim Dalam Perkara Tindak Pidana Penggelapan Di Pengadilan Negeri Koto Baru","authors":"Adriyanti Adriyanti, Srimul Hawati","doi":"10.36665/sarmada.v5i2.151","DOIUrl":"https://doi.org/10.36665/sarmada.v5i2.151","url":null,"abstract":"Criminal justice in the criminal justice system is a very central position that culminates in a judge's decision or verdict against the perpetrators of criminal acts, which in essence when studied with theoretical and practical studies in the judiciary often creates disparities in terms of punishment. Criminal disparity is the application of unequal punishment to the same crime or to crimes whose dangerous nature can be compared without a clear justification. The disparity that occurs is seen in Decision Number: 103/Pid.B/2018/PN.Kbr with the defendant Panji Alias ​​Saiful sentenced to prison for 10 (ten) months and Decision Number: 127/Pid.B/2018/PN.Kbr with the defendant Hendritos Calls Tos was sentenced to prison for 1 (one) year with each of them being proven to have committed the crime of \"Embroidery\". Factors that cause disparities in sentencing made by judges include the regulations in the Criminal Code (KUHP) that we adhere to, Judicial Powers, Characteristics of cases in similar crimes or have the same level of seriousness, Philosophy of punishment adopted by judges, different perceptions of justice by each judge, judges sometimes give different judgments about justice from one case to another. Thus, the factors that include influencing the disparity are the legal factor itself and the law enforcement factor.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126599278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pelaksanaan Akad Gadai Sawah Pusako Tinggi Di Jorong Tabek Pala Nagari Talang Ditinjau Dari Hukum Adat Minangkabau Dan Hukum Islam","authors":"Y. Putra, Yulia Nizwana, Adriyanti Adriyanti","doi":"10.36665/sarmada.v5i1.150","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.150","url":null,"abstract":"This research is based on the Nagari Customary Density Regulation (KAN) No. 3 of 2000, paragraph (3) fields that are pledged as collateral may only be sold/purchased by the owner of the fields, paragraph (4) ransom for pawned fields is the same as when the pawning process first occurred, paragraph (4) (5) the purpose of pawning is to help without expecting profit, the implementation of pawning is also regulated in Article 385 paragraph (4) of the Compilation of Sharia Economic Law (KHES) which explains about the pawned property (Rahn), the pawner has the right to ask for his field to the pawn holder by redeeming the field , The research method used is Juridical Empirical by interviewing the vice chairman of KAN, secretary of KAN, pawnbrokers (first party), pawn recipients (second party), third parties, and Asatiz, this research was conducted in Jorong Tabek Pala Nagari Talang. Based on the research conducted by the author, there are many implementations of pawning for high pusako rice fields that deviate in Jorong Tabek Pala, the deviations made are, the fields were transferred to a third party without the knowledge of the first party, the price of rice fields transferred to a third party rose, as well as additional pawns, this deviation violates KAN Regulations paragraphs 3 and 4 as well as the practice of pawning that contains business, the implementation of such a pawn is contrary to paragraph 4 (KHES) and paragraph 5 of the Regulation (KAN) above. Efforts to overcome this deviation are by implementing the implementation of pawning carried out by the Prophet Muhammad SAW.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123263055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Hukum Pidana Materil Terhadap Tindak Pidana Perjudian Online Jenis Togel Online Di Nagari Cupak Oleh Polres Solok Arosuka","authors":"Yofita Deswariza, Rifqi Devi Lawra, Eris Arianto","doi":"10.36665/sarmada.v5i1.149","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.149","url":null,"abstract":"The progress of the times is followed by the increasingly sophisticated information technology, behind the convenience and convenience of internet services, deviant behaviors are born by utilizing advanced technology as a tool to achieve goals by committing crimes. The phenomenon of online gambling and its impact on individuals, especially players, tends to lead to the negative side. Online gambling is a type of online lottery that occurs in Jorong Pasar Baru Nagari Cupak, Gunung Talang District, Solok Regency. The perpetrator with the initials RN uses a cellphone as a means to play online lottery type gambling, the RN player plays online lottery type online gambling which is on the side of the road and close to residential areas. The research method used is empirical legal research, where this type of research is a legal research that examines the law whose concept is real behavior. Based on the results of the research that the author did that in the case of online gambling crimes at the Solok Arosuka Police, he applied Article 303 of the Criminal Code and Article 303 of the Criminal Code to the perpetrators and not based on Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Law No. -Information and Electronic Transaction Law.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124149428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Sanksi Hukum Administrasi Bagi Wajib Pajak Yang Tidak Patuh Dalam Pembayaran Pajak Bumi Dan Bangunan Berdasarkan Peraturan Daerah Kota Solok Nomor 6 Tahun 2013 Tentang Pajak Bumi Dan Bangunan Perdesaan Dan Perkotaan","authors":"Silvia Novita Sari, Yulfa Mulyeni, Eris Arianto","doi":"10.36665/sarmada.v5i1.148","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.148","url":null,"abstract":"Enforcement of administrative sanctions, namely a fine of 2% of the tax payable a maximum of 24 months from maturity, this results in non-compliance of taxpayers to carry out their obligations in paying PBB where tax payments made by taxpayers are not on time and there are still taxpayers who do not want to pay taxes. pay the UN. However, one of the current problems at the Solok City Tax Office is the lack of firmness in giving sanctions to taxpayers who violate their non-compliance in paying their taxes, so that taxpayers do not feel afraid not to pay their taxes. The purpose of the study was to determine the enforcement of administrative legal sanctions against non-compliance in paying land and building taxes in the city of Solok and the obstacles in the enforcement of land and building tax administrative sanctions in the city of Solok. The approach method used by the researcher in this study is sociological juridical, an approach that conceptualizes law as a norm, rule or principle to analyze data systematically with existing regulations, especially regulations relating to the enforcement of administrative sanctions for taxpayers who do not comply with paying property tax.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"48 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133725085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tanggung Jawab Pemerintah Memberikan Pelayanan Kesehatan Terhadap Masyarakat Dalam Mengatasi Pandemic Covid-19 Berdasarkan Undang-undang Nomor 36 Tahun 2009 Tentang Kesehatan","authors":"Rifqi Devi Lawra, Adriyanti Adriyanti","doi":"10.36665/sarmada.v5i1.144","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.144","url":null,"abstract":"Health is one of the basic human needs besides clothing, food and shelter. Healthy humans will be able to carry out all activities that are useful for their lives and vice versa sick humans cannot carry out daily activities properly. To realize a healthy human being is not only a personal responsibility but more broadly the responsibility of the state to its citizens. The government as the holder of executive power in charge of administering the government to achieve the country's goals must quickly respond to what is happening and developing in the community. In 2020 the world was hit by an outbreak of a disease caused by a virus called Corona Virus Disease which was later known as COVID-19. To provide health protection to the public, the government has issued a statutory regulation, namely Law Number 36 of 2009 concerning Health. In this law has been regulated about the government's responsibility in providing health protection as stated in Article 14 to Article 20 of Law No. 36 of 2009 concerning Health. Management of Government Responsibilities in Providing Health Services to the Community in Overcoming the COVID-19 Pandemic Based on Law No. 36 of 2009 concerning Health includes planning, organizing, mobilizing and supervising","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125869598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penataan Ruang Kawasan Nagari Dalam Rangka Mengoptimalkan Pariwisata Di Provinsi Sumatera Barat","authors":"Eris Arianto","doi":"10.36665/sarmada.v6i1.161","DOIUrl":"https://doi.org/10.36665/sarmada.v6i1.161","url":null,"abstract":"Regional development is one of the efforts to take advantage of all the potential of the area in supporting development activities. The potential of the area is the basic capital for the development of a community in improving its welfare. An area that is developed and developing is very much supported by the potential of the region. Based on the description above, it becomes a concrete reference that every spatial planning activity carried out by the West Sumatra Regional Government, always refers that all people's lives, including the economy, to build a just and prosperous society, it is necessary to take action to regulate the development of an integrated cultural area that is appropriate. with the regional spatial plan. Supporting and inhibiting factors that must be socialized to the community so that the development of integrated areas according to the regional spatial plan can be applied properly, namely socializing the factors of understanding legal substance, institutional structure, culture of local wisdom, community knowledge, facilities and infrastructure available for community members know and understand the application in the regulation of regional spatial planning in a region of West Sumatra, which directly or indirectly contributes greatly in participating in developing regional spatial plans in its territory. This research was conducted in Harau Kanagarian, 50 Kota Regency and South Tiku Nagari, Agam Regency.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126968367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proses Penindakan Pelanggaran Kode Etik Polisi Pelaku Tindak Pidana Berdasarkan Peraturan Kapolri Nomor 14 Tahun 2011 Tentang Kode Etik Profesi Kepolisian Negara Republik Indonesia Di Polres Solok Kota","authors":"Adriyanti Adriyanti, Afchelyna Anugrah Putri","doi":"10.36665/sarmada.v5i1.139","DOIUrl":"https://doi.org/10.36665/sarmada.v5i1.139","url":null,"abstract":"In carrying out their duties and functions as law enforcement officers, the police must comply with applicable laws and regulations, one of which is the regulation governing professional ethics, namely the National Police Chief Regulation Number 14 of 2011 concerning the Police Professional Code of Ethics. In the police code of ethics, one of which states that every member of the police must \"abstain from disgraceful actions and attitudes, and take the lead in every action to overcome the difficulties of the surrounding community\". The National Police Professional Code of Ethics is based on the formulation of Article 1 number 5 of the Regulation of the National Police Chief No. 14 of 2011 concerning the Police Professional Code of Ethics, which are norms or rules that constitute a unified ethical or philosophical foundation relating to behavior and speech regarding mandatory matters. prohibited, appropriate or inappropriate by members of the National Police in carrying out the duties of authority and responsibility of the position. As a profession, it is necessary to prevent violations of the professional code of ethics, because the police is a job that has a high and prestigious social status. Violation of the police code of ethics is any act committed by a member of the police that is contrary to the professional code of ethics of the police. There are several factors that influence the occurrence of violations of the code of ethics by members of the National Police, ranging from decreased moral integrity, loss of independence, economic demands, lack of income, weak supervision, to non-compliance with the code of ethics of the legal profession that binds them.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129492923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tanggung Jawab Notaris Terhadap Legalisasi Dan Waarmeking Akta Dibawah Tangan Menurut Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris","authors":"Yulia Nizwana, Yurike Fransiska Duri","doi":"10.36665/sarmada.v5i2.157","DOIUrl":"https://doi.org/10.36665/sarmada.v5i2.157","url":null,"abstract":"Notary is one of the oldest branches of the legal profession in the world. This notary position is not placed in the judicial, executive or legislative institutions. Notaries have a very strategic position in the realm of civil law, because this profession involves the most basic and very basic matters in every legal act, especially in making deeds. Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in the Notary Position Act or based on other laws. In addition to authentic deed, there is also an underhand deed. To make a private deed more legally binding, this deed must be registered with the notary's office. Deed registration can be done by legalization or waarmeking. According to Suryana, legalization is the ratification of letters made under the hand in which all parties who made the letter come before a notary, and the notary reads and explains the contents of the letter, then the letter is dated and signed by the parties and finally only in legalization by a notary. While waarmeking is registration by affixing a stamp and then registering it in the registration book provided for it. Therefore, the researcher wants to know how the notary's responsibility for the legalization and waarmeking of under-handed deeds according to Law Number 2 of 2014 concerning Notary Positions. This research uses sociological juridical research. The data used are primary data and secondary data. Primary data was obtained through interviews with respondents while secondary data was obtained through literature study. The collected data is then analyzed qualitatively so that it can answer the existing problems. Based on the research that has been done, it is known that the Notary can be held responsible for legalization if the contents of the deed contain legal defects due to the notary's error either intentionally or due to negligence. Notaries are individually responsible for the deeds they make. As for waarmeking, the notary cannot be held accountable because the deed was made by the parties without the notary knowing about the contents of the deed.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"843 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116174925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyelesaian Sengketa Medik Oleh Komite Etik Dan Hukum Di Rumah Sakit Umum Daerah Arosuka","authors":"Aermadepa Aermadepa, Dinda Almunawarah","doi":"10.36665/sarmada.v5i2.159","DOIUrl":"https://doi.org/10.36665/sarmada.v5i2.159","url":null,"abstract":"This research  aims to knowing  the resolution of medical disputes by the Ethics and Law Committee at the Arosuka Regional General Hospital. The type of research used is sociological juridical. The research was conducted by examining how to resolve medical disputes by the Ethics and Legal Committee at RSUD Arosuka. The data used were primary data obtained through interviews with members of the Ethics and Legal Committee at RSUD Arosuka and secondary data. Secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data collected will be analyzed qualitatively so that it can provide answers to the problems studied. The process of resolving medical disputes at the Arosuka Regional Hospital is carried out by reviewing the request to classify the problem. Then the ethical and legal committee is also assisted by the medical committee and the nursing committee in determining whether the case is medical negligence, medical risk, default or ethical violation. Furthermore, disputes are resolved by way of deliberation, kinship through mediation. In resolving disputes by means of mediation, the Ethics and Legal Committee of Arosuka Hospital is still asking for help from outside the hospital. because no member of the ethics and law committee has the competence to become a mediator. So that the role of the ethics and hospital law committee has not been maximized in resolving disputes that occur.","PeriodicalId":447765,"journal":{"name":"Jurnal Sarak Mangato Adat Mamakai","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122948648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}