Claim Missing Document
Check
Articles

IMPLEMENTASI PENDAFTARAN MEREK SEBAGAI BENTUK PERLINDUNGAN HUKUM PADA UMKM DI KABUPATEN LANGKAT Azfin Binti Zulfian, Fitria; Maryani, Halimatul; Sintara , Dani; Bakti Harahap, Syharul
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 10 No. 2 (2025): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Universitas Nahdlatul Ulama Al Ghazali Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v10i2.1761

Abstract

The rapid advancement of the economy and technology, particularly in business and marketing, has intensified competition, requiring Micro, Small, and Medium Enterprises (MSMEs) to seize opportunities creatively through unique trademarks and services. A trademark plays a vital role in distinguishing a product’s origin, quality, and authenticity. This study examines the implementation of trademark registration as legal protection for the Fitztox brand owned by MSME entrepreneurs in Langkat Regency. Using a normative legal research method based on existing laws and regulations, the study finds that registering the Fitztox trademark under PT Nada Mustika Abadi ensures exclusive rights and legal certainty. Conducted online through the MSME registration system, the trademark is protected for ten years (July 28, 2023–July 28, 2033) and can be renewed for another decade. Such protection not only safeguards brand identity but also enhances MSME competitiveness and sustainability in a dynamic market environment
Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah dan Prinsip Keadilan Konstitusional: Analisis Putusan Mahkamah Konstitusi Nomor 152/PHPU.BUP-XXIII/2025 dalam Perspektif Demokrasi dan Nilai Islam Koko Nugroho; Halimatul Maryani
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the settlement of regional head election disputes in Indonesia through an analysis of Constitutional Court Decision No. 152/PHPU.BUP-XXIII/2025 concerning the 2024 Regent Election of Deli Serdang. The study aims to assess how the Constitutional Court resolves electoral disputes within the framework of constitutional justice and to evaluate the decision from the perspective of electoral justice and Islamic values relevant to Muslim societies. Employing a qualitative normative–empirical legal research approach, this article analyzes constitutional provisions, statutory regulations, and the Court’s legal reasoning (ratio decidendi), supported by limited empirical data related to the electoral context.  The findings indicate that the Constitutional Court consistently prioritizes procedural justice by strictly applying the vote-difference threshold as stipulated in Law No. 10 of 2016, thereby emphasizing legal certainty and political stability. However, this procedural orientation potentially constrains substantive justice, particularly when claims relate to the quality of the electoral process and voter participation affected by external conditions. From the perspective of Islamic legal and ethical principles—such as ʿadl (justice), amānah (trust), and maslaḥah (public interest)—the decision reflects institutional responsibility and formal legality, yet leaves room for a more socially responsive approach to electoral justice. This article contributes to existing scholarship by integrating constitutional law analysis with Islamic normative values, offering an interdisciplinary perspective on electoral dispute resolution in Muslim societies. It argues that incorporating ethical and social considerations alongside procedural requirements may strengthen public trust and enhance the substantive quality of democratic governance at the local level.
THE ROLE OF THE MEDIA IN SHAPING PUBLIC PERCEPTIONS OF NARCOTICS TRAFFICKERS: A CASE STUDY OF DECISION NUMBER 1235/PID.SUS/2025/PN MDN Arjuna; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the role of mass media in shaping public perceptions of drug dealers and its impact on the judicial process and judicial independence. The focus of the research is directed at mass media coverage of narcotics crime cases in Decision Number 1235/Pid.Sus/2025/PN Mdn, in which the defendant was sentenced to life imprisonment despite the public prosecutor demanding the death penalty. The findings indicate that mass media play a highly significant role in shaping public perceptions of drug dealers through mechanisms of framing and agenda setting. Media coverage, particularly that which emphasizes the large quantity of evidence and the disparity between the prosecutor’s demand and the judge’s decision, constructs a specific social reality that influences how the public understands narcotics cases. Such coverage has an indirect impact on the judicial process and perceptions of judicial independence. Although normatively and factually judges continue to render decisions based on the law and facts presented at trial, confrontational and sensational media framing has the potential to create moral pressure and affect public trust in judicial institutions. There is a correlation between the intensity and type of media framing and the level of public support for court decisions: the greater the intensity of coverage and the stronger the framing highlighting disparities between prosecutorial demands and judicial rulings, the greater the tendency for the public to be critical of or to reject judicial decisions. However, this correlation is social-communicative in nature and should not be interpreted as a causal relationship that binds judges in rendering their decisions.
JURIDICAL ANALYSIS OF EVIDENCE IN THE CRIMINAL ACT OF AGGRAVATED ASSAULT (CASE STUDY OF DECISION NUMBER 208/PID.B/2025/PN BNJ) Wahyudi; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

assault according to the provisions of the applicable criminal law consists of the Court summoning witnesses and victims to provide testimony at the trial, the Court conducting physical evidence testing, examination and response of the defendant to defend himself and respond to the evidence presented, the Court assessing witness testimony, physical evidence, and other documents to ensure the truth of the facts. The analysis of evidence for the crime of serious assault in the Decision of the Binjai District Court Number 208 / Pid.B / 2025 / PN Bnj has been carried out correctly by the panel of judges. Criminal liability for the perpetrator of serious assault in the Decision of the Binjai District Court Number 208 / Pid.B / 2025 / PN Bnj is liability with a prison sentence of 5 years because it has been legally and convincingly proven to have committed acts of serious assault against the victim. The defendant's actions were carried out consciously, not under duress or without justification.
JURIDICAL ANALYSIS OF THE APPLICATION OF ARTICLE 170 PARAGRAPH (1) OF THE INDONESIAN CRIMINAL CODE IN THE CRIME OF COLLECTIVE VIOLENCE (A STUDY OF DECISION NUMBER 1935/PID.B/2025/PN MDN) Taslim; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Criminal Code (KUHP) in the crime of collective violence, to examine the legal construction of violence committed by joint force from the perspective of positive Indonesian criminal law, and to analyze the legal reasoning of judges in rendering a decision in Case Number 1935/Pid.B/2025/PN Mdn. The results of the study show that the application of Article 170 paragraph (2) point 1 of the KUHP, which provides for a maximum imprisonment of seven years if the offender intentionally damages property or if the violence used results in injuries, has been carried out appropriately, as all elements of the offense were proven lawfully and convincingly. The legal construction of the crime of violence committed by joint force places the element of collective action as the primary aggravating factor without requiring a detailed division of roles. The judges’ legal considerations in this case reflect a balance between juridical, sociological, and philosophical aspects, taking into account the protection of victims, the social impact of the act, and fairness for the defendants. Accordingly, the decision can be legally justified and reflects the objectives of sentencing within the framework of positive Indonesian criminal law.
ANALYSIS OF JUDICIAL CONSIDERATIONS IN IMPOSING PUNISHMENTS FOR NARCOTICS CRIMES (A STUDY OF DECISION NUMBER 1891/PID.SUS/2025/PN MDN) Jeffri; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Narcotics crimes constitute an extraordinary crime that has serious impacts on security and the future of the nation’s younger generation, thereby requiring firm and just law enforcement. This research aims to analyze the application of substantive criminal law and the judicial considerations in imposing criminal sanctions on the defendant in Decision Number 1891/Pid.Sus/2025/PN Mdn, using a normative legal research method with statutory and case study approaches, supported by primary and secondary legal materials. The results of the study indicate that the application of substantive criminal law in the decision is in accordance with Law Number 35 of 2009 on Narcotics, with proof based on lawful evidence as stipulated in Article 184 of the Criminal Procedure Code (KUHAP). The judges’ considerations were carried out comprehensively by taking into account both juridical and non-juridical aspects, including the fulfillment of the elements of the offense, the role of the defendant, the type and quantity of narcotics, as well as aggravating and mitigating circumstances, so that the sentence imposed reflects the principle of proportionality and a balance between legal certainty, justice, and expediency.
DISPARITY IN JUDGES’ DECISIONS ON THE CRIME OF AGGRAVATED THEFT (AN ANALYSIS OF DECISION NUMBER 968/PID.B/2025/PN MDN AND DECISION NUMBER 1445/PID.B/2025/PN MDN) Suko Madioso; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the results of the study, it shows that the form of disparity in the judge's decision in the case of aggravated theft based on decision number 968 / Pid.B / 2025 / PN Mdn and Number 1445 / Pid.B / 2025 / PN Mdn is the difference in sentencing to the defendant, namely a 4-year prison sentence for Defendant M. Irfan and a 5-month prison sentence for Defendant Fasi Duhu Baene. The judge's consideration in deciding the defendant's guilt in decisions number 968 and Number 1445 is appropriate. The suitability of the judge's decision with the provisions of criminal law related to aggravated theft in decisions number 968 and number 1445 has been implemented well and the provision of proportional sanctions is appropriate except in Decision Number 1445 which is less proportional because the Defendant was only sentenced to 5 months in prison.
CRIMINAL LIABILITY OF A WIFE WHO PLANNED THE MURDER OF HER HUSBAND IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 284/PID.B/2025/PN MDN Revalino Perangin-Angin; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the research results, it shows that the process and standard of proof of the element with premeditation in the crime of premeditated murder committed by a wife against her husband begins with collecting various evidence that supports the existence of a prior plan. Then the Judge conducts an objective evaluation of all the evidence and statements submitted. The judge's consideration in assessing the evidence and trial facts related to the motive in the premeditated murder case based on the Medan District Court Decision Number 284 / Pid.B / 2025 / PN Mdn is appropriate. The criminal liability of the wife who planned the murder of her husband based on Decision Number 284 is sentenced to 18 years in prison or 2 years lighter than the maximum prison sentence stipulated by Article 340 of the Criminal Code. The leniency of criminal liability is due to mitigating factors for the defendant, namely the defendant has children, one of whom is still in education.
Kekerasan Dalam Rumah Tangga (Sosialisasi UU Nomor 23 Tahun 2004 Tentang Penghapusan KDRT) Disna Anum Siregar; Tri Reni Novita; M. Faisal Husna; Halimatul Maryani
Amaliah: Jurnal Pengabdian Kepada Masyarakat Vol 8 No 1 (2024): Amaliah: Jurnal Pengabdian Kepada Masyarakat
Publisher : LPPI UMN AL WASHLIYAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32696/ajpkm.v8i1.2928

Abstract

Community Service (PkM) activities have been carried out with the title domestic violence, socialization of law number 23 of 2004 concerning the elimination of domestic violence in Tanjung Harapan Village, Serba Jadi District, Serdang Bedagai Regency. The lack of knowledge among village residents regarding the legal consequences of domestic violence has an impact on the potential for family disharmony in the future. Therefore, families need to be provided with enlightened legal education in living family life in order to avoid violence in the family environment. The method used in PkM activities is in the form of legal education counseling/socialization which includes face-to-face lectures accompanied by question-and-answer discussions. The results obtained from this PkM activity have further enlightened and increased the understanding of the residents of Tanjung Harapan village that domestic violence can trigger prolonged marital breakdown and even divorce. The conclusion of this PkM activity material is that domestic violence is a violation of human rights and a crime against human dignity and is a form of discrimination. Violence in any form and carried out for any reason is a form of crime that cannot be justified and can be reported as a criminal act so that the perpetrator can be prosecuted
Aspek Hukum Kesiapsiagaan dan Penanganan Darurat oleh Unit Penjinakan Bom Satuan Brimob Polda Sumatera Utara dalam Perspektif Hukum Humaniter Andriyan Mauriz Hans Purba; Halimatul Maryani
Jurnal Begawan Hukum (JBH) Vol. 3 No. 2 (2025): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v3i2.135

Abstract

The threat of terrorism involving the use of explosives poses a serious challenge to Indonesia’s national security, particularly in strategic regions such as North Sumatra. The suicide bombing incident at the Medan Police Headquarters in 2018 serves as a clear example of the urgency of preparedness and emergency response by the Bomb Disposal Unit (JIBOM) of the Brimob Unit at the North Sumatra Regional Police. Handling such situations requires not only high-level technical expertise but must also adhere to the principles of International Humanitarian Law (IHL) to ensure the protection of civilians. This study aims to examine the preparedness of the JIBOM Unit, assess emergency handling procedures for explosive threats based on national regulations, and analyze the conformity of these actions with the principles of humanitarian law. The research uses a normative and empirical juridical approach through literature review, field observation, and interviews with JIBOM personnel. The findings reveal that the JIBOM Unit has implemented an effective preparedness system through regular training, the use of modern technologies such as EOD robots and X-ray scanners, and the application of an integrated command system. Emergency handling procedures are carried out in accordance with police standard operating procedures (SOP) while prioritizing civilian safety. From a legal standpoint, JIBOM's actions align with key humanitarian principles such as distinction, proportionality, humanity, and military necessity, even though Indonesia is not in an armed conflict. This study emphasizes the importance of strengthening regulations, enhancing inter-agency coordination, and improving public literacy to support the lawful and humane execution of bomb disposal operations.