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All Journal Substantive Justice International Journal of Law Reswara: Jurnal Pengabdian Kepada Masyarakat Law_Jurnal JURNAL ILMIAH GLOBAL EDUCATION Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) SENTRI: Jurnal Riset Ilmiah SWARNA SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum International Asia Of Law and Money Laundering (IAML) Legalpreneur Journal Jurnal Sosial, Politik dan Budaya (SOSPOLBUD) Tasyri' jle JGEN : Jurnal Pengabdian Kepada Masyarakat SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Kusbianto, Kusbianto
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Legal Sanctions Against Perpetrators Criminal Persecution That Resulted Serious Injury (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn) Azmi, Syariful; Kusbianto, Kusbianto; Zuliah, Azmiati; Fitriana, Fitriana
Legalpreneur Journal Volume 1, No. 2 April 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i2.3138

Abstract

Criminal acts of persecution it is a form of action that can harm others that is against the physical. One of them that can cause serious injury or it can even cause loss of life somebody.The act occurred the factors include less public behavior well controlled due to low level of education and environmental influences, less Association good that eventually resulted disputes both personal and groups. Problems that appointed in this study are how is the application of criminal law against the crime of persecution this resulted in severe injuries in The Samarinda District Court and what to consider judge's decision to drop verdict against criminal acts the resulting persecution serious injuries in court (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn
Application Of Legal Procedures In The Examination Of The E-Court System Kusbianto, Kusbianto; Zaen, Pratiwi Putri Marshanda
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3719

Abstract

AbstractThe development of Information Technology has entered into all aspects of people's lives. Technology makes everything easier, not least with the world of court governance, it is alsorequired to be able to develop along with the development of society by utilizingtechnological sophistication in the form of an internet network, which can create a systemin forming an application called E-court. E-court is a form of change in the administrationof cases that are more transparent and accountability. The problems in this study are: howthe rules of legal procedure in the examination of the e-court system, how the effectivenessof the process of settlement of lawsuits in the e-court system in court. Based on the resultsof research and discussion, the e-court system in the process of settling lawsuits in courtcourts based on the principle of simple, fast and low cost has been running as its functionbut in practice the trial is still done manually. And there are still obstacles that are felt byadvocates / justice seekers that hinder the legal process to be less effective in itsimplementationKeywords: Examination, E-Court System, Procedures.
Benefits And Legal Certainty For The Community On Participatory Mapping Services At The Medan City Land Office Utomo, Wahyu; Kusbianto, Kusbianto; Zuliah, Azmiati
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2636

Abstract

The purpose of this study was to determine the public service in Medan City Land Office. To find out the administrative system of land mapping in Medan City Land Office. To determine the effectiveness of legal benefits for the community on participatory mapping of Land Services at the Medan City Land Office. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study is the National Land Agency (BPN) is a vertical agency, as a vertical unit that organizes Land Services. Vertical service units are service units that are under the ministry / central institution but have services up to the regional level. The National Land Agency (BPN) is a Non-departmental government agency under and responsible to the president and headed by the head of the National Land Agency (BPN).BPN is regulated through Presidential Regulation Number 10 of 2006 concerning the National Land Agency. The administrative system of land registration in the National Land Agency of Medan through the right path that is through the procedures made by the agency to Agrarian. In PP No. 24 of 1997 regulates a number of lands that have been in doubt about the evidence to absenteeism as well as the process and evidence of their rights have been affirmed as land that can be converted into rights according to the Constitution with the development of a legal institution “adjudication” which is regulated in Article 24 FST of PP 24 of 1997. From the provisions of this PP, there are several other things that are the object of conversion or evidence that can be forwarded to be used in the management of land certificates. As for efforts to minimize obstacles undertaken by the Medan Land Office, namely: trying to eradicate scalpers, the need for increased quality and quantity of equipment so that it can be used properly, increased quality human resources means participating in following specifically in the Diploma program or Bachelor's level in cadastral mapping and measurement, seeking costs.
Indonesian Nationalism Facing Global Globalization Arios, Rion; Kusbianto, Kusbianto
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4732

Abstract

This paper contains that nurturing the spirit of nationalism in the minds of the younger generation since childhood will make them more resilient to negative influences and rampant moral change in the era of globalization. So, by strengthening morality and ethics through Pancasila Education, Indonesia's young generation will be better prepared to face globalization and maintain Indonesian identity at the same time. Cultural values that are characteristic of the Indonesian nation, such as mutual cooperation, silahturahmi, hospitality in the community become basic privileges that can make individuals of Indonesian society to love and preserve their own national culture. But the characteristics of the Indonesian people who are known as a friendly society and manners are now beginning to fade since the entry of foreign culture into Indonesia that can not be selected properly by the people of Indonesia. Therefore, in this case the government has an important role to maintain the values of Indonesian culture in the lives of its people. The following are some ways to maintain Indonesian culture so as not to be affected by foreign cultures that are negative, 1) foster a strong spirit of nationalism, such as the spirit of loving domestic products and culture. 2) instill and practice the values of Pancasila as well as possible. 3) instill and implement religious teachings with the best. 4) selective against foreign cultures entering Indonesia. 5) strengthen and maintain the identity of the nation so as not to fade. That way the community can act wisely in determining the attitude so that the identity and personality of the nation does not fade because of foreign cultures that enter Indonesia in particular.
Law Enforcement of Corruption Offenses in Village Budget (APBDes) Development Sector of Salaon Dolok Village Government (Analysis of Court Decision Number: 49/Pid.Sus-TPK/2023/PN Mdn) Andayani, Sintia; Kusbianto, Kusbianto; Nadirah, Ida
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.41

Abstract

This study reviews the judicial decision of the Medan District Court Number 49/Pid.Sus-TPK/2023/PN Mdn on corruption in village fund management (APBDes) in the development sector. In this case, village officials committed authority abuse by falsifying accountability documents, diverting budgeted funds to cover up previous audit findings, and leaving planned physical infrastructure projects uncompleted. The trial's evidentiary process relied on documentary evidence including accountability reports, disbursement records, and details of suspicious transactions plus forensic audit results that confirmed state financial losses amounting to Rp383,896,956.97 as well as witness testimonies supporting these irregularities. Effective law enforcement requires a complete investigation and prosecution with coordination and sanctions proportionate to the crime so that it can serve as a deterrent for similar future acts; however, the quality of judicial decisions and public confidence are still affected by internal problems such as inconsistent integrity and professional capacity of law enforcement personnel, together with external problems such as political interference, inadequate supervision mechanisms, low community legal awareness, and insufficient witness protection. Strengthening institutional independence, inter-agency coordination, oversight intensity, and sustained legal education for communities are essential to achieving greater consistency and credibility in handling village budget corruption cases.
Opportunities and Challenges to Strengthen the Role of Non-Judge Mediators in Realizing Humanist and Effective Justice Seniman Nainggola, Gunar; Kusbianto, Kusbianto; Trisna Dewi, Ayu
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.466

Abstract

Mediation as part of the civil justice system in Indonesia has received juridical reinforcement through Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Court, which affirms the strategic role of non-judge mediators in resolving disputes amicably. This article aims to analyze the role of non-judge mediators following the enactment of Supreme Court Regulation No. 1 of 2016, identify opportunities and challenges in the implementation of court mediation, and assess their contribution to the efficiency of dispute resolution in order to realize a humanistic and effective judicial system. This study employs a normative legal method with statutory and conceptual approaches. The results indicate that non-judge mediators play a significant role in increasing the success of mediation through participatory and communicative approaches. Nevertheless, the optimization of their role still faces normative, structural, and cultural challenges, requiring regulatory reinforcement, enhancement of mediator competencies, and institutional support within the judiciary.
Criminal Law Policy in the Eradication of Narcotics Crimes in the Belawan Port Area H.Habeahan, Abdul Ryfay; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.472

Abstract

Narcotics crimes constitute serious and transnational forms of organized crime, in which port areas represent highly vulnerable entry points for illicit drug trafficking. Belawan Port, as a strategically important international port in Indonesia, has significant potential to be exploited as a gateway for the smuggling and distribution of illegal narcotics. This study aims to analyze the regulation of criminal law policy in combating narcotics crimes in port areas, examine the implementation of criminal law policy in the Belawan Port region, and identify the obstacles encountered in its enforcement. The research employs a normative juridical method, utilizing statutory and conceptual approaches supported by secondary legal materials. The findings indicate that criminal law policies related to narcotics control have been comprehensively regulated; however, their implementation at Belawan Port has not been fully effective due to structural, substantive, and cultural constraints. Therefore, strengthening inter-agency coordination among law enforcement authorities and adopting a more integrated approach combining penal and non-penal measures are necessary to enhance the effectiveness of narcotics crime prevention and eradication in port areas.
Implementation of Criminal Law Policy in Handling Narcotics Crimes at Asahan Police Station Syamsuar, Noji; Kusbianto, Kusbianto; Zuliah, Azmiati
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.473

Abstract

Narcotics crimes constitute serious offenses that threaten public security, public health, and social order. Their control requires the implementation of a comprehensive criminal law policy based on a clear normative framework. This article aims to analyze the implementation of criminal law policy in handling narcotics crimes at the Asahan Police Resort, the factors influencing its implementation, and the obstacles encountered. This study employs a normative juridical research method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The results indicate that criminal law policy on narcotics crimes has been normatively regulated under Law Number 35 of 2009 on Narcotics; however, its implementation still faces challenges, including limited supporting facilities, constraints in law enforcement capacity, and the complexity of narcotics-related crimes. Therefore, strengthening an integrated and effective criminal law policy is essential to enhance law enforcement performance.
Application of Restorative Justice Approach in Handling Cases of Alleged Medical Malpractice by the Police: Study at The North Sumatra Police Franshery Malau, Togu; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.483

Abstract

The restorative justice approach represents a contemporary paradigm within the Indonesian criminal justice system that emphasizes the resolution of criminal cases through the restoration of relationships between victims, offenders, and the community in a proportional manner. This approach is particularly relevant in handling alleged medical malpractice cases, considering their close connection to professional negligence and the legal relationship between medical practitioners and patients. This study aims to analyze the legal framework governing the application of restorative justice in criminal case handling, specifically alleged medical malpractice cases by the police, and to examine its implementation during the investigation and inquiry stages at the North Sumatra Regional Police. In addition, this research identifies the obstacles faced by law enforcement authorities in applying the restorative justice approach. The research method employed is normative juridical research combined with an empirical approach, conducted through literature review and interviews with police officers. The findings indicate that, from a normative perspective, the police possess an adequate legal basis to implement restorative justice. However, in practice, several challenges remain, including limited public understanding, differing perceptions among victims, the complexity of medical evidence, and caution among law enforcement officers in exercising discretion. Therefore, strengthening technical regulations and enhancing investigators’ capacity are necessary to ensure effective and equitable implementation.
Perlindungan Hukum Dokter terhadap Pemberian Obat yang Mengakibatkan Alergi Obat Berat pada Pasien Fredy, Fredy; Kusbianto, Kusbianto; Azmi, Syariful
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 6 No. 3 (2026): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v6i3.8079

Abstract

Dokter tidak dapat menghindarkan dirinya dari kasus alergi obat berat. Kejadian alergi obat berat tidak dapat diduga sebelumnya, terjadi saat muncul respon sistem imun yang berlebihan disebabkan obat yang digunakan. Penelitian ini bertujuan untuk mengungkapkan fakta alergi obat berat yang merupakan risiko medis, bukan malpraktik yang merupakan kelalaian medis. Penelitian ini menggunakan metode yuridis normatif dan bersifat deskriptif analitis dengan pendekatan perundang-undangan dan konseptual. Analisis data secara kualitatif terhadap data primer dan data sekunder yang didukung oleh wawancara dengan beberapa informan (dokter) melalui saluran whats app. dengan kesimpulan dilakukan melalui metode deduktif. Hasil penelitian menunjukkan bahwa tanggung jawab hukum dokter gugur ketika dokter memberikan obat sesuai dengan standar profesi, standar medis dan standar prosedur pelayanan. Tidak adanya bukti malpraktik berarti Pasal 474 UU 1/2023 tidak dapat diterapkan terhadap tindakan dokter yang termasuk kelompok risiko medis, karena risiko medis tidak memenuhi salah satu unsur dari Pasal tersebut. Semua sengketa medis yang ada harus mendapat rekomendasi dari Majelis Disiplin Profesi sebagai dasar penyerahan sengketa medis ke peradilan umum. Dengan adanya beberapa aturan informed consent, rekam medis, contribution negligence dan assumption of risk, dapat dijadikan sebagai alasan peniadaan hukuman. Perselisihan yang timbul akibat kesalahan dokter diselesaikan terlebih dahulu melalui alternatif penyelesaian sengketa
Co-Authors Abraham Abraham Abrar, Muhammad Aulia Adiputra, Adiputra Agung Dwi Laksono Ananda, M. Rizky Andayani, Sintia Arios, Rion Ayu Trisna Dewi Azmi, Syariful Desranta, Vincent Elina, Elina Fitriana Fitriana Franshery Malau, Togu Fredy Fredy Guntari, Suryani H.Habeahan, Abdul Ryfay Lubis, Arif Maulana Lubis, Rafnila Maysarah, Andi MELKI SUHERY SIMAMORA Miftahuddin Miftahuddin Nadirah, Ida Nurhayati Nurhayati Panjaitan, Uli Pramono, Rahman Pranoto, Agus Rahmat, Tomy Aldista Ruslan Ruslan Safnul, Dody Sahputra, Rilawadi Saputra, Iqbal Saputra, Rilawadi Satar, Abdul Seniman Nainggola, Gunar Sigit Purnomo Sirait, Mangatur Sitompul, Ariman Sri Sulistyowati Suparman Suparman Surnada, Surnada Syafrizal, Dedek Syamsuar, Noji Tarmizi Tarmizi Wahyu Utomo Wahyu, Ahmad Braja Yazid, Fadhil Yudha, Nano Eka Zaen, Pratiwi Putri Marshanda Zuliah, Azmiati