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All Journal Pembaharuan Hukum Legal Standing : Jurnal Ilmu Hukum Jurnal Review Pendidikan dan Pengajaran (JRPP) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Journal of Research in Social Science and Humanities Jurnal Multidisiplin Dehasen (MUDE) Formosa Journal of Sustainable Research (FJSR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) JUDGE: Jurnal Hukum Innovative: Journal Of Social Science Research JURNAL KELUARGA SEHAT SEJAHTERA
Sahlepi, Muhammad Arif
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Eksistensi Pemberian Bantuan Hukum Terhadap Anggota Tentara Nasional Indonesia-Angkatan Darat Yang Melakukan Tindak Pidana Sahlepi, Muhammad Arif
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8776

Abstract

This article aims to analyze the current social life that should be equipped with military forces or often known as the Indonesian National Army as an apparatus that defends the sovereignty of the state and protects and protects the community from military and armed threats. In the regulation of legal aid to soldiers who commit criminal acts in accordance with the rules of legal aid according to the military justice law, criminal sanctions given to soldiers who commit criminal acts such as getting military disciplinary sanctions, imprisonment, administrative and scorcing or PTDH (Dismissal Not Honorably). the regulation of legal aid to Indonesian Army Soldiers who commit criminal acts, is regulated in the regulation of legal aid according to KUHAP, according to the Military Justice Law, Law R.I. Number 34 of 2004 concerning the Indonesian National Army, Rules of the TNI Commander and its derivatives and according to Law R.I. Number 16 of 2011 concerning Legal Aid. Keywords: Provision of Legal Aid; Indonesian National Army
Analisis Hukum Hak Anak Terhadap Korban Tindak Pidana Penganiayaan Anak Di Bawah Umur Ditinjau Dari Undang-Undang No. 35 Tahun 2014 Funna, Putri Khairani; Hasibuan , Lidya Rahmadhani; Sahlepi, Muhammad Arif
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.548

Abstract

This research is in the form of a legal analysis of children's rights which need to be considered in the final decision in cases of criminal acts of sexual abuse against perpetrators of criminal acts of sexual abuse. Which in Decision no. 640/Pid.Sus/2023/PN Mdn child victims did not get their rights in the decision and thus the result of the judge's decision in the form of a 13 year prison sentence was not in accordance with legal provisions because the results of the decision were unfair without considering the rights of children who were victims in criminal act, the judge hereby does not consider Law no. 35 of 2014 which explains the rights of children who are victims of criminal acts. This research was carried out using a descriptive approach with qualitative methods with a normative juridical research type based on secondary data sources taken from case studies of court decisions and laws with analysis using related legal materials.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN EKSPLOITASI SECARA SEKSUAL Simamora, Elsa Khairani Br; Siregar, Fitria Ramadhani; Sahlepi, Muhammad Arif
JURNAL KELUARGA SEHAT SEJAHTERA Vol 23 No 1 (2025): JURNAL KELUARGA SEHAT SEJAHTERA
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/jkss.v23i1.64686

Abstract

Children are individuals who legally require special protection due to limitations in dealing with problems, including when they become victims of crime. One form of crime that is very detrimental to children is sexual exploitation. Discussing legal regulations and forms of protection for children as victims of sexual exploitation. Acts of sexual exploitation as a serious crime against children's rights. Based on Article 59A of Law Number 35 of 2014 concerning Child Protection, the government is required to provide special protection for children who are victims of sexual exploitation. The protection provided consists of handling, psychological assistance, provision of social assistance and assistance in every legal process.
Accountability Of Perpetrators Of Murder Accompanied By Rape Of A Minor (Judgment Study Number 580/Pid.B/2022/PN.Stb) Susanti, Rulita; Sahlepi, Muhammad Arif; Ismaidar, Ismaidar
Jurnal Multidisiplin Dehasen (MUDE) Vol 4 No 4 (2025): Oktober
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v4i4.9255

Abstract

Murder and rape are criminal acts regulated under the Criminal Code (KUHP). Murder that results in the unlawful death of a person is regulated under Article 338 of the KUHP, with a penalty of up to 15 years in prison. Meanwhile, rape involving violence or the threat of violence is regulated under Article 285 of the KUHP, with a penalty of up to 12 years in prison, as well as under Law No. 12 of 2022 on Sexual Violence Crimes. Murder accompanied by the rape of a minor is a concurrent criminal offense regulated under Article 340 of the KUHP and Article 285 of the KUHP. In addition, the Child Protection Law is regulated under Law No. 35 of 2014, as the victim in this case is a minor. In this case, the judge will consider various factors, including the prosecutor’s demands, the fulfilled elements, and aggravating and mitigating circumstances. This research uses a normative-empirical method by examining existing case studies. The purpose of this research is to understand the criminal law enforcement for holding perpetrators accountable for murder accompanied by the rape of a minor. The results of the study indicate that the perpetrators can be charged under applicable articles, including Article 80 (3) in conjunction with Article 76 C of Law No. 35 of 2014 on Child Protection. The perpetrators are also proven legally and convincingly guilty of committing acts of violence against a child that resulted in death. The defendant was sentenced to 13 (thirteen) years in prison and a fine of IDR 1,000,000,000 (one billion rupiah), or in default, six (6) months of imprisonment.
Peran Kepolisian Resor Binjai Dalam Pelaksanaan Restorative Justice Terhadap Tindak Pidana Penganiayaan Anak Robby Yusuf Syahputra; Rahmayanti; Sahlepi, Muhammad Arif
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12435

Abstract

Indonesia as a country based on law based on Article 1 paragraph (3) of the 1945 Constitution provides special protection for children in conflict with the law. In this context, the Binjai Police Resort (Polres) has a strategic role in implementing Restorative Justice through different mechanisms as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze: (1) the application of Restorative Justice to juvenile criminal offenses at the Binjai Police Resort; (2) obstacles encountered in its implementation; and (3) the role of the Binjai Police Resort in realizing the goal of diversion. The research method used is empirical juridical with a qualitative approach. Data were obtained through document studies, direct observation, and in-depth interviews with the PPA investigation unit, victims, perpetrators, and community leaders. Data analysis was conducted descriptively-qualitatively with an emphasis on the effectiveness of the application of the law in practice. The results of the study show that the success rate of diversion at the Binjai Police is quite high, namely 72.7% in 2023 and 73.3% in 2024, although it decreased to 60% in 2025. Factors inhibiting the implementation of Restorative Justice include decreasing public understanding, resistance from victims, economic limitations of perpetrators, minimal child-friendly facilities, efforts to have certified human resources, monitoring, and suboptimal involvement.
THE COMPARATIVE LAW ON THE CRIME OF SEXUAL VIOLENCE BETWEEN INDONESIA AND THE UNITED KINGDOM Sahlepi, Muhammad Arif; Nurita, Cut
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.35287

Abstract

The sexual violence is often experienced by women although it does not rule out the possibility that men can also experience sexual harassment. Each country has different regulations from one another regarding the definition, regulation and punishment of the Crime of Sexual Violence, as well as Indonesia and the United Kingdom. The type of research used is normative legal research or juridical normative, namely legal research based on examining library materials or secondary data materials which include research on legal norms. The purpose of this research is to analyze the legal regulation of criminal acts of sexual violence in Indonesia and legal comparison of criminal acts of sexual violence between Indonesia and the UK. So far, cases of sexual violence that mostly occur against women and children, including boys, are often just drowned and difficult to reveal. When they enter the legal process, it is not necessarily going to provide justice to victims. There are things done in the UK that Indonesia can emulate. For example, the Reynhard case came to light because at the University of Manchester there is a telephone complaint service, which offers support for victims of sexual violence or for those affected. 
Law Enforcement in Uncovering the Perpetrators of Fraud Crimes Committed by BRI Link Employees Saragih, Elisabeth; Sahlepi, Muhammad Arif; Siregar, Muhammad Azhali
Journal of Research in Social Science and Humanities Vol 5, No 3 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i3.465

Abstract

Law enforcement is a crucial element in maintaining order and justice within society, particularly in addressing increasingly complex fraud crimes involving various parties, including financial institution employees. Fraud committed by BRI Link employees has serious implications for customer trust and the stability of the banking system. This study aims to examine the mechanisms of law enforcement in uncovering the perpetrators of fraud crimes committed by BRI Link employees and to identify the obstacles encountered in the enforcement process. The research employs a normative juridical method with statutory and case approaches. The study finds that the ambiguous legal status of BRI Link agents constitutes a major obstacle to law enforcement. The investigation process often faces challenges such as insufficient physical evidence, the dominance of digital evidence, and limited access to bank data. The complexity of technology and fragmented regulations further hinder investigations. Based on normative jurisprudence, Article 378 of the Indonesian Criminal Code (KUHP) serves as the main legal basis for prosecuting fraud crimes, while the Banking Act and Consumer Protection Act govern the rights and responsibilities of victims. To enhance the effectiveness of law enforcement, regulatory harmonization, investigator capacity building, and inter-institutional cooperation are essential
Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana Meliala, Nugraha Manuella; Ismaidar; Sahlepi, Muhammad Arif
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 3 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Maret - April 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i3.1961

Abstract

This research aims to evaluate the effectiveness of the implementation of restorative justice by the District Court of Medan in achieving legal certainty for all parties involved in the legal process. The research method used is normative juridical legal research, focusing on written regulations and other legal materials. Data collection is conducted through literature review to explore concepts, theories, or opinions regarding Legal Certainty in the Implementation of Restorative Justice. The analysis is qualitative, explaining the relationship between types of data, selection, and data processing to be systematically outlined. The conclusion of the analysis will include answers to the issues raised and evidence of the truth or falsity of the hypotheses proposed. The results of the research indicate that the Indonesian Criminal Justice System has undergone renewal with the introduction of the concept of restorative justice. This involves perpetrators, victims, and other stakeholders in seeking fair solutions and peace after criminal events. The Public Prosecutor's Office plays a crucial role in prosecution, and the principle of "enn en ondeelbaar" asserts its functional unity. Restorative Justice has been regulated in laws and regulations, providing opportunities for victims and perpetrators to participate in peaceful case resolution. Restorative Justice offers an alternative to criminal case resolution outside the courtroom, focusing on restoration and reconciliation. In the District Attorney's Office of Medan, the process requires detailed administration. The regulation of victim protection in criminal law is stipulated in Indonesian positive law. Restorative Justice is applied in the general court environment with the aim of creating legal certainty and justice for all parties involved. Legal certainty in the application of Restorative Justice allows for various alternative handling of criminal offenses outside the courtroom, such as out-of-court settlements. This can reduce case backlog and high costs, as well as shorten the resolution process compared to litigation. Restorative Justice also prioritizes substantive justice with a focus on the interests of victims and restoring conditions to pre-criminal levels.
Perlindungan Hukum Terhadap Korban Tindak Pidana Pemerasan dan atau Pengancaman dalam Penagihan Pinjaman Online (Analisis Putusan Nomor 438/Pid.Sus/2020/PN Jkt.Utr) Sakina, Putri Yosida; Fikri, Rahul Ardian; Sahlepi, Muhammad Arif
Innovative: Journal Of Social Science Research Vol. 5 No. 3 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i3.19644

Abstract

Penelitian ini menganalisis perlindungan hukum terhadap korban tindak pidana pemerasan dan atau pengancaman dalam penagihan pinjaman online di Indonesia, dengan studi kasus Putusan Nomor 438/Pid.Sus/2020/PN Jkt.Utr. Menggunakan metode penelitian yuridis normatif dengan pendekatan deskriptif, penelitian ini mengungkapkan bahwa perlindungan hukum diberikan dalam bentuk preventif melalui POJK Nomor 77/POJK.01/2016 dan pedoman perilaku AFPI, serta represif melalui penerapan sanksi pidana berdasarkan UU ITE dan KUHP. Analisis putusan pengadilan menunjukkan bahwa praktik penagihan dengan cara intimidasi dan ancaman melalui media elektronik telah memenuhi unsur tindak pidana dalam Pasal 45 ayat (4) jo Pasal 27 ayat (4) UU ITE, yang dibuktikan dengan penjatuhan vonis satu tahun penjara dan denda Rp70 juta kepada terdakwa. Penelitian ini merekomendasikan penguatan regulasi dan pengawasan terhadap industri fintech, serta koordinasi yang lebih baik antara aparat penegak hukum, OJK, dan platform digital untuk mencegah praktik penagihan ilegal.
Victimological Study of Children as Victims of Acts Criminal Trafficking in People Lubis, Hawani; Halawa, Firman; Sahlepi, Muhammad Arif
Formosa Journal of Sustainable Research Vol. 3 No. 7 (2024): July 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i7.10629

Abstract

Victimology is the study of victimization, which includes analysis of the causes and effects of victimization in a social context. This term comes from Latin victima (victim) and logos(knowledge). Victimology seeks to understand various aspects of victimization and the criminal process, as well as the factors that lead to someone becoming a victim and their impact on the individual and society. In Indonesia, child protection is regulated in several laws which aim to ensure the welfare and rights of children. Based on Law Number 23 of 2002 concerning Child Protection, every child has the right to practice religion, think and express themselves according to their age and level of intelligence under the guidance of their parents. This law also emphasizes children's rights to know and be cared for by their biological parents. Meanwhile, Law Number 35 of 2014 defines children as individuals who are not yet 18 years old, including those who are still in the womb. This law emphasizes the need to protect children to ensure they can live, grow and develop optimally, and are protected from violence and discrimination. Protection of children is also regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This law aims to tackle and criminalize all forms of human trafficking that involve exploitation. The definition of human trafficking according to this law includes acts such as recruiting, transporting, harboring, and receiving a person with threats or violence, fraud, forgery, or abuse of power, both within the country and between countries, with the aim of exploitation. With these various regulations, it is hoped that children can be protected from various forms of violence, exploitation and rights violations that they may experience
Co-Authors , Rahul Ardian Fikri Ardani, Syafira Funna, Putri Khairani Halawa, Firman Harefa, Jesslyn Elisandra Hasibuan , Lidya Rahmadhani Ismaidar I, Ismaidar Ketaren, Eme Pepayosa Br Lubis, Hawani Meliala, Nugraha Manuella Nasution, Chairuni Nurita, Cut Rahmayanti Ramadani, Suci Rangkuti, Charles Robby Yusuf Syahputra Sakina, Putri Yosida Saragih, Elisabeth Simamora, Elsa Khairani Br Siregar, Fitria Ramadhani Siregar, Muhammad Azhali Susanti, Rulita Tumiran