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Penegakan Hukum oleh Polri Terhadap Pelaku Tindak Pidana Judi Online (Studi pada Kepolisian Sumatera Utara) Kurniawan, M. Yundha; Siregar, Taufik; Hidayani, Sri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.2984

Abstract

Law enforcement is carried out by law enforcers. The implementation of the law in society, apart from depending on the legal awareness of the community, is also very much determined by law enforcement officials. Law enforcement by the Indonesian National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out in accordance with the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the Police. The increasing mode of online gambling crimes is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in revealing perpetrators of online gambling crimes. Lack of identity of perpetrators and lack of witnesses. Lack of evidence in the filing process. Lack of cooperation between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation between the Police and the Public Prosecutor in the process of investigating online gambling crimes
Dinamika Hukum Agraria dan Urbanisasi: Pengelolaan Hak Guna Ruang Bawah Tanah di Kota-Kota Besar Indonesia Lubis, Ikhsan; Siregar, Taufik; Lubis, Duma Indah Sari; Lubis, Andi Hakim
PROGRESIF: Jurnal Hukum Vol 18 No 2 (2024): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v18i2.5709

Abstract

This study addresses the main legal issue concerning the management of underground space in major cities in Indonesia amid rapid urbanization. The current regulations, such as the Basic Agrarian Law, do not provide clear provisions regarding the right to use underground space, leading to legal uncertainty and potential conflicts of interest. The position of this research is to analyze existing regulations through a normative juridical approach and propose legal solutions that are more adaptive to the needs of urban modernization. This paper examines the limitations of current regulations and suggests the need for more comprehensive, specific legislation governing underground space rights. The main findings of this study reveal the inadequacy of the existing legal framework in accommodating the management of underground space fairly and sustainably, and the urgency for regulatory reforms that are more responsive to Indonesia’s urbanization developments.
Analysis of the Role of Advocates in Industrial Relations Dispute Resolution: The Case of the Medan Manpower Office Limutra, William Leonardy; Siregar, Taufik; Ramadhan, M. Citra
Journal of Public Representative and Society Provision Vol. 4 No. 3 (2024): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v4i3.464

Abstract

Industrial relations dispute resolution is an important issue in the world of labor that requires the right legal approach. This study aims to analyze the role of advocates in resolving industrial relations disputes at the Medan City Manpower Office, especially in the mediation and litigation stages. The research method used is a qualitative approach with data collection through in-depth interviews, observations, and document studies. The data were analyzed descriptively by relating them to relevant theories and legal frameworks. The results of the study show that advocates have a strategic role in helping the parties to the dispute understand their rights and obligations, both through legal consultation, assistance in mediation, and legal representation in the litigation process at the Industrial Relations Court. In addition, advocates also contribute to the preparation of legal documents that support client claims. However, there are a number of obstacles faced by advocates, such as low legal understanding from the parties to the dispute, limited competence of mediators, and lack of supporting evidence. This obstacle often prolongs the duration of dispute resolution and reduces the effectiveness of mediation. This study concludes that the role of advocates is very important in creating a fair and efficient dispute resolution process. However, improvements are needed in the dispute resolution system, such as increasing legal literacy, training mediators, and optimizing mediation procedures. This finding is expected to contribute to the development of better industrial relations settlement practices, especially in the city of Medan.
TRANSFORMASI PENEGAKAN PRINSIP TABELLIONIS OFFICIUM FIDELITER EXERCEBO BAGI JABATAN NOTARIS DARI MESIR KUNO HINGGA SISTEM HUKUM INDONESIA Lubis, Ikhsan; Siregar, Taufik; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Law Jurnal Vol 5, No 1 (2024)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v5i1.5494

Abstract

Profesi notaris telah mengalami transformasi sejak era Mesir Kuno hingga era modern, di mana digitalisasi dan globalisasi menambah kompleksitas tugas yang dijalankan. Penelitian ini bertujuan untuk menganalisis evolusi profesi notaris, pengaruh konsep hukum Romawi seperti tabelliones dan tabularii terhadap sistem hukum Indonesia, serta strategi profesi ini dalam menghadapi tantangan digitalisasi tanpa mengabaikan prinsip hukum tradisional. Penelitian menggunakan metode yuridis normatif dengan bahan hukum primer dan sekunder, termasuk Undang-Undang Jabatan Notaris, Kitab Undang-Undang Hukum Perdata, dan Undang-Undang Informasi dan Transaksi Elektronik. Data dianalisis secara deskriptif kualitatif untuk mengevaluasi relevansi prinsip Tabellionis Officium Fideliter Exercebo dalam konteks modern. Hasil penelitian menunjukkan bahwa profesi notaris di Indonesia sangat dipengaruhi oleh tradisi hukum Romawi dan Eropa Kontinental, yang menekankan otentisitas dokumen dan kehadiran fisik. Digitalisasi memberikan peluang melalui konsep cyber notary, tetapi tetap memerlukan regulasi yang menjaga keabsahan dokumen hukum. Tantangan globalisasi menuntut kompetensi notaris dalam transaksi lintas negara. Kesimpulannya, profesi notaris harus mempertahankan prinsip tradisional sambil beradaptasi dengan inovasi teknologi dan kebutuhan masyarakat modern. Rekomendasi penelitian mencakup revisi regulasi, peningkatan pelatihan teknologi hukum, dan penguatan kerja sama internasional untuk menjaga relevansi dan kepercayaan terhadap profesi notaris.
Integration of Tumbaga Holing as a Legal Framework: Realizing Justice and Harmony in The Mandailing Traditional Society Lubis, Ikhsan; Siregar, Taufik; Lubis, Duma Indah Sari; Lubis, Andi Hakim
PERADA Vol 7 No 2 (2024)
Publisher : STAIN Sultan Abdurrahman Kepulauan Riau

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

Abstract

This study explores the integration of local values, particularly the Tumbaga Holing customary law, into Indonesia's national legal framework. Tumbaga Holing, as the customary legal system of the Mandailing community, plays a crucial role in regulating social life and maintaining communal harmony. However, the process of integrating it into positive law faces various challenges, ranging from differences in legal paradigms to the marginalization of communal rights (ulayat). This research adopts a normative juridical approach, analyzing specific articles within the Basic Agrarian Law (UUPA) and regulations related to indigenous communities. The results show that Tumbaga Holing has the potential to contribute to the national legal system, particularly in the areas of natural resource management and dispute resolution. However, challenges such as lack of formal recognition, legal bureaucracy, and political-economic power imbalances hinder this integration. Proposed solutions include strengthening indigenous institutions, promoting customary law awareness, and revising regulations to be more inclusive of indigenous communities. These efforts are expected to ensure that local values ??are fairly accommodated within the national legal framework.
Perlindungan Hukum terhadap Anak sebagai Penyalahguna Narkotika di Wilayah Hukum Polres Pelabuhan Belawan Saragih, Denny Hardi Pranata; Zulyadi, Rizkan; Siregar, Taufik
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (924.144 KB) | DOI: 10.34007/jehss.v5i3.1443

Abstract

The purpose of this study was to analyze the legal protection arrangements for child narcotics abusers and their obstacles in the Belawan Harbor Police Legal Area. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study indicate that the legal protection carried out against children as narcotics abusers in Indonesia based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has been regulated starting from the process of investigation, arrest, detention, prosecution, examination in court and correctional. The Belawan Harbor Police Resort has made efforts to protect children who use narcotics by fulfilling children's rights during the investigation process, as well as seeking to resolve cases through diversion. Various obstacle factors faced by the protection of children who abuse narcotics are deviant behavior from child suspects, pressure on children from narcotics networks, the detention time of children is relatively short, there are restrictions on diversion requirements as non-repetition of criminal acts, and the cost of resolving cases through diversion is relatively large for costs. rehabilitation and consultation costs. It is recommended that the police not use children to uncover narcotics networks. The government needs to consider revising the SPPA Law by removing the diversion restriction as regulated in article 7 paragraph (2). The government needs to consider fully covering the costs of rehabilitating children who use narcotics at a more reasonable cost standard.
Police Performance in Countering Narcotics Problems Wardana, Bagus Dwi Gangga; Siregar, Taufik; Pinem, Serimin
Journal La Sociale Vol. 6 No. 2 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i2.1979

Abstract

Countering narcotics crimes is one of the major challenges faced by the police, especially the Medan Police, considering the complexity of this crime which has an impact on various aspects of people's lives. This study aims to analyze the legal rules that underlie police performance, the role of the police in overcoming narcotics crimes, and the obstacles faced in the process. The research method used is a quantitative approach with data collection techniques through questionnaires, observations, and document studies. The sample consisted of Medan Police personnel and the local community. The results of the study show that the legal rules that underlie the role of the police, such as Law Number 35 of 2009 concerning Narcotics and the Regulation of the National Police Chief Number 14 of 2012, have provided a strong foundation in the implementation of their duties. The role of the police includes law enforcement, prevention through education, and rehabilitation for victims of narcotics abuse. However, the police face obstacles in the form of limited human resources, increasingly complex modus operandi of perpetrators, lack of community cooperation, and limited budget. These results show the importance of increasing police capacity through technology training, more adequate budget allocation, and active community involvement in narcotics control efforts. Collaboration between the police, government, and the community is needed to create a safer and drug-free environment, especially in the Medan area.
Juridical Evaluation of Articles 112 and 127 of Law Number 35 of 2009 Concerning Narcotics Daulay, Cinthya Audi; Siregar, Taufik; Isnaini, Isnaini
Journal La Sociale Vol. 6 No. 2 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i2.1980

Abstract

This study aims to evaluate the application of Articles 112 and 127 in Law Number 35 of 2009 concerning Narcotics and analyze judges' considerations in the application of law and evidence in cases recorded in Decision Number: 154/Pid.Sus/2023/PN.Bnj and Decision Number: 294/Pid.Sus/2023/PN.Bnj. This research uses qualitative research methods with a normative juridical approach and case studies. The results of the study show that the application of Article 112 often does not distinguish between users and drug dealers, so that drug users are often sentenced to heavier penalties even if they are not involved in narcotics trafficking. Meanwhile, Article 127 which provides space for rehabilitation has not been consistently applied by judges in handling cases of narcotics users. Analysis of the two decisions shows that there are inconsistencies in the use of Articles 112 and 127, which have implications for justice for perpetrators of narcotics crimes. Therefore, it is recommended that judges consider the rehabilitation factor for drug users more and not only focus on prison sentences. This research is expected to contribute to the development of a fairer and more humane narcotics law policy in Indonesia.
Implementation of the Role of Ankum and Papera in the Process of Resolving Military Cases in the Jurisdiction Susanto, Arif; Siregar, Taufik; Amal, Ridha Haykal
Journal La Sociale Vol. 6 No. 2 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i2.1981

Abstract

This study aims to analyze the implementation of the role of Ankum (Superiors Who Have the Right to Sentence) and Papera (Case Submission Officers) in the process of resolving military crime cases in the jurisdiction of the Medan High Military Court I. The approach used is qualitative with descriptive-analytical methods through in-depth interviews, document studies, and observations. The focus of the research includes three main aspects, namely the case administration process in the military judicial environment, the application of fast, precise, and simple judicial principles after the integration of the one-stop system under the Supreme Court of the Republic of Indonesia, and the role of the unitary commander in case resolution. The results of the study show that the case administration process still faces obstacles, especially in terms of the completeness of documents and the accuracy of procedures by Ankum and Papera. Although the one-stop system provides an opportunity to speed up the case process, technological limitations and internal resistance are challenges in the application of the principle of fast, precise, and simple justice. In addition, the role of the unit commander as the initial decision-maker greatly affects the smooth process of resolving cases, even though there is a disparity in the understanding of military law among Ankum. This study recommends increasing legal training for Ankum and Papera, stricter supervision of the implementation of legal procedures, and accelerating the digitalization of the military judicial administration system. Thus, these findings make an important contribution to efforts to improve the military justice system to realize efficiency, transparency, and justice.
Factors Causing Disparity in Judges' Decisions in Narcotics Cases Rahayu, Dessy; Siregar, Taufik; Amal, Ridha Haykal
Journal La Sociale Vol. 6 No. 2 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i2.1983

Abstract

This study aims to analyze the factors that cause the disparity in judges' decisions in narcotics cases in Indonesia. The disparity of judges' decisions refers to the difference in the results of decisions between one judge and another in similar cases. The factors that cause this disparity can come from various aspects, both internal and external, that affect the objectivity of the judge in giving the verdict. Some of the factors found include differences in interpretation of the law, the social and cultural background of judges, as well as pressure from the public and the media. In addition, the subjectivity of judges and inconsistency in the application of legal provisions also play a role in creating injustice in the criminal justice system. This study uses a qualitative research method with a literature study approach and interviews with legal practitioners. The results of the study show that the disparity in judges' decisions in narcotics cases can be minimized by having clear standard operating procedures (SOPs), increasing the capacity of judges in understanding narcotics cases, and providing more intensive professional ethics training. The study also suggests the need for tighter supervision of judges' decisions to ensure that every decision taken is in accordance with the principles of justice and applicable law.