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All Journal JURNAL LITIGASI (e-Journal) JURNAL ILMIAH ADVOKASI SIGn Jurnal Hukum CIVITAS (JURNAL PEMBELAJARAN DAN ILMU CIVIC) Community Development Journal: Jurnal Pengabdian Masyarakat Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Educational Research and Social Sciences (IJERSC) Journal of Social Research International Journal of Humanities Education and Social Sciences IKA BINA EN PABOLO : PENGABDIAN KEPADA MASYARAKAT Journal of Law, Poliitic and Humanities International Journal of Science and Environment Enrichment: Journal of Multidisciplinary Research and Development Jurnal Penelitian Pendidikan Indonesia
Siregar, Risdalina
Fakultas Hukum, Universitas Labuhanbatu
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Analysis of Deviant Sexual Behavior (Same-Same Marriage) from a Legal Sociology Perspective Tondi Rivaldi Munthe; Risdalina Risdalina; Maya Jannah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1628

Abstract

This research is normative legal research that discusses sexual deviant behavior in same-sex marriages from the perspective of legal sociology in Indonesia. Based on Law Number 1 of 1974 concerning Marriage, marriage in Indonesia is defined as an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal family based on the belief in the Almighty God. Therefore, same-sex marriage is not legally recognized in Indonesia. Article 1 Law no. 1 of 1974 confirms that a valid marriage is between a man and a woman, so same-sex relationships are not considered a valid marriage. Even if same-sex marriage is legally recognized abroad, Indonesia still does not recognize it as a valid marriage. From a legal sociology perspective, factors that influence the occurrence of deviant sexual behavior (same-sex marriage) include: education and knowledge, environment, family, And culture.
Police Strategy in Eradicating Narcotics Trafficking Using Drug Detectors in the Rokan Hilir Legal Area Rahmad Ramadhan; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1629

Abstract

This research aims to determine the police's strategy in eradicating drug trafficking by using drug detectors. The method used in this research is normative legal research, namely research into problems by looking at the sources of applicable regulations related to police strategies in eradicating drug trafficking. Normative legal research examines law from an internal perspective with the research object being legal norms. The results of the discussion show that the police strategy in eradicating drug trafficking is carried out through electronic and non-electronic methods. The electronic method used is IMS (Ion Mobility Spectrometry) technology which is capable of detecting traces of drugs based on ion mobility, as well as X-ray technology which can detect drugs hidden in items or the body. Apart from electronic methods, the police also use non-electronic methods such as the use of sniffer dogs to detect the presence of drugs through sharp smell and wet chemistry methods which involve chemical reactions to identify the content of narcotic substances. This combination of strategies allows the police to increase effectiveness in detecting and eradicating drug trafficking, thus narrowing the space for narcotics crime perpetrators
Application of the Law to Perpetrators of Criminal Acts of Abortion and Owners of Illegal Abortion Practices (Study Decision Number 286/Pid.Sus/2021/Pn Jkt.Tim) Muhammad Fadlan; Risdalina Risdalina; Maya Jannah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1630

Abstract

This research uses normative legal research methods to examine the application of criminal sanctions against abortion perpetrators and owners of illegal abortion practices based on Decision Number 286/Pid.Sus/2021/PN Jkt.Tim. In this decision, the judge sentenced the defendant to imprisonment for 2 years and 6 months and a fine of Rp. 50,000,000.00, with the provision that if it was not paid, it would be replaced by imprisonment for 3 months. This decision was deemed appropriate because the defendant was legally and convincingly proven to have practiced illegal abortion together, violating Article 75 paragraph (1) in conjunction with Article 194 of Law no. 36 of 2009 concerning Health and Article 55 paragraph (1) 1 of the Criminal Code. The aggravating circumstance is that the defendant's actions are contrary to human values ​​and endanger the safety of other people. Meanwhile, mitigating circumstances are that the defendant behaved politely at trial, had never been convicted, and admitted his actions honestly and regretted them. The driving factor for the abortion was pressure from the work contract which caused witness R and witness NAS to be forced to have an abortion because they were worried about losing their jobs. Apart from that, illegal abortion practices are carried out for economic gain, where patients have to pay around IDR 8.5 million to have an abortion. This reflects weak supervision of illegal health practices and low awareness of the health dangers they cause
Digital Forensic Legal Study in Proving Criminal Defamation Cases (Decision Study Number 8/PID.SUS/2021/PN MSH) Maulana Putra; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1633

Abstract

The method used in this study is normative legal research, which focuses on analyzing legal issues by referring to applicable regulations related to the study of digital forensic law in proving defamation cases. This research is based on Decision Number 8/Pid.Sus/2021/PN Msh, which highlights the crucial role of digital forensics in revealing evidence and determining the defendant's accountability. In this case, the defendant, ALI TUAHAN, was accused of defamation through a Facebook post using the account "LIKENT LETWARU." Digital forensic experts provided evidence that the post violated Article 45A paragraph (2) in conjunction with Article 28 paragraph (2) of the ITE Law, which prohibits the intentional dissemination of information intended to incite hatred or hostility based on ethnicity, religion, race, and inter-group differences (SARA). The law carries a maximum penalty of six years' imprisonment and a fine of up to IDR 1,000,000,000.00. The court found that the defendant's post influenced public opinion and harmed the reputation of the Regent of Central Maluku and his family. As a result, the defendant was sentenced to two months’ imprisonment and required to pay court fees of IDR 2,000.00. This case highlights the growing importance of digital forensics in resolving social media-related criminal cases.
Legal Analysis Of Judges' Decisions On The Imposing Of Sanctions For Perpetrators Of The Criminal Act Of Murder Study Of Decision NO. 264/PID.B/2024/PN RHL Febri Kurniawan; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1668

Abstract

The method used in this research is normative legal research, namely research into problems by looking at the sources of applicable regulations relating to the title.Legal Analysis of Judge's Decision on the Imposition of Sanctions on Murder Perpetrators Study of Decision No. 264/PID.B/2024/PN RHL. InThe decision of the Rokan Hilir District Court No. 264/Pid.B/2024/PN Rhl has declared the Defendant Hari Kurniawan alias Ari bin Sugianto and has been proven legally and convincingly guilty of committing the crime of premeditated murder, as in the indictment of the Public Prosecutor by sentencing the Defendant to a prison sentence of 19 (nineteen) years.is very much in accordance with the concept of justice mentioned by John Rawls that the justice enforcement program with a people's dimension must pay attention to two principles of justice, namely: Providing equal rights and opportunities for the broadest basic freedoms as broad as the same freedom for everyone. The results of the study show that the judge in this decision based his considerations on Article 338 of the Criminal Code concerning ordinary murder, by adjusting the trial facts to the elements of the article. The judge's considerations involved subjective aspects, such as the defendant's psychological condition, and objective aspects, such as evidence and witness statements. Although the decision reflects elements of justice, several aspects, such as the application of maximum sanctions and efforts to prevent similar crimes, still require further evaluation. This study concludes that law enforcement in this case reflects the application of the principle of legality, but there is room for increased effectiveness through regulatory reform and more progressive implementation of criminal law.
Legal Analysis Of The Implementation Of Criminal Sanctions For Abusing Transportation And Trade Of Subsidized Fuel Oil (Study Of Decision Number 173/PID.B/LH/2024/PN RHL) Judge On The Practice Of Pharmacy Availability Muhammad Faisal; Risdalina Risdalina; Maya Jannah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1670

Abstract

The method used in this thesis research is normative legal research, namely research on problems by looking at the sources of applicable regulations related to the title legal analysis of the implementation of criminal sanctions for abusing transportation and trade of subsidized fuel oil (study of decision number 173 / pid.b / lh / 2024 / pn rhl . The judge's decision in case Number 173 / PID.B / LH / 2024 / PN RHL which has sentenced Defendant II Hendra Saputra alias Hendra bin Jasrianto to imprisonment for 1 (one) year 6 (six) months and a fine of Rp. 250,000,000.00 (two hundred and fifty million rupiah) each with the provision that if the fine is not paid it is replaced with imprisonment for 1 (one) month according to the researcher has reflected a sense of justice . The difference in punishment between the perpetrator and the person who participated in the crime is in accordance with Article 28 of Law Number 4 of 2004 concerning Judicial Power, which states: [1]Judges are required to explore, follow and understand the legal values and sense of justice that exist in society. In considering the severity of the crime, judges are required to also pay attention to the good and evil nature of the defendant. Criminal decisions are not only punishment but also the basis for re-socializing the convict so that it is hoped that he will not commit crimes again in the future so that danger to society can be avoided.
Criminal Responsibility For Determination Of Suspects Of Duck Theft Assault Through Video Recording Evidence Obtained From Whatsapp At Labuhanbatu Police Muhammad Rizkiyawan Rafiyanto; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1747

Abstract

Criminal liability for the determination of suspects in the abuse of duck theft which is proven through video recordings that have been sent many times to the victim's family so that this is seen from the aspect of Article 184 of the Criminal Procedure Code and the aspect of Law Number 19 of 2016 concerning Electronic Transaction Information (ITE) so that the video recording evidence used as evidence by the Labuhanbatu Police investigators fulfills the elements to determine a suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained via WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of the crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by Labuhanbatu Police investigators fulfilling the elements to determine the suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained through WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of a crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by investigators from the Labuhanbatu Police for duck theft does not reflect the law enforcement expected for the perpetrators who force the perpetrators to be determined as suspects to be held accountable for their actions. This researcher uses the Normative Juridical research method using primary data and secondary data with the interview method as supporting data with related agencies by drawing deductive conclusions. The results of the study explain that (1) Law enforcement against vigilante actions that meet the elements of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning abuse must be processed in accordance with applicable legal regulations in order to create law enforcement and legal certainty and justice for the victim. (2) The legal consequences of vigilante actions have resulted in the law not running properly but must be applied in accordance with the applicable legal mechanism for the investigation process so that when determining suspects for perpetrators it can be more effective so that there needs to be an increase in legal awareness in society so that society understands its rights and obligations, and law enforcement officers must improve the performance of law enforcement so that the law enforcement desired by society can be realized. (3) Criminal responsibility for the perpetrators of the duck theft assault has been determined as suspects by investigators from the Labuhanbatu Police, although in the end peace was made between the victim and the suspects as a form of responsibility for the perpetrators taking the law into their own hands for the duck theft carried out by the victim, although the victim will still be processed through the applicable law for his actions
Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan) Gusria Amara; Risdalina Siregar; Indra Kumala Sari Munthe
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.326

Abstract

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.
UNCOVERING LEGAL GAPS IN DIGITAL BANKING: CUSTOMER PROTECTION AND BANK ACCOUNTABILITY IN INDONESIA Sriono; Risdalina; Kusno; Kumalasari M, Indra; Syahyunan, Hengki
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18538

Abstract

The rapid growth of digital banking in Indonesia has necessitated robust legal frameworks to protect digital bank users. This study examines the legal protection available to digital bank customers, focusing on the confidentiality of personal data and the responsibilities of banks under Indonesian law. Utilizing a normative juridical research method, the study relies on library research and an analysis of relevant laws and regulations. The findings reveal that the current legal framework for safeguarding the confidentiality of bank customer data in Indonesia is fragmented and lacks a unified regulatory approach. Legal protection remains incomplete, as it relies on the interplay of multiple regulations without offering comprehensive safeguards. Moreover, the existing mechanisms for addressing breaches of data confidentiality place responsibility primarily on banks, with criminal and administrative liabilities serving as the main avenues for recourse. The novelty of this research lies in its critical evaluation of the gaps in Indonesia's regulatory landscape concerning digital banking, highlighting the need for a cohesive legal framework to ensure stronger protections for customer data. This study contributes to the discourse on digital banking regulation by providing a nuanced understanding of the challenges in safeguarding customer data in Indonesia. It offers valuable insights for policymakers, legal practitioners, and financial institutions in enhancing data protection measures and fostering trust in digital banking.
Balance of monodualistic principles in different efforts at the level of investigation on child abuse of narcotics crime Panjaitan, Bernat; Risdalina, Risdalina; Kusno, Kusno
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 9 No. 4 (2023): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020232280

Abstract

Based on the setting for determining criminal policies that are in accordance with the values of people's lives, the setting for determining criminal policies is contained in the Criminal Code as general provisions and in the special criminal provisions of Law No. 35 of 2009 as a special crime that regulates narcotics. Based on this, the problem that will be discussed is how the monodualistic principle in eradicating criminal acts of narcotics abuse committed by children is contrary to the law related to Law No. 35 of 2009 and Law No. 11 of 2012. This research is normative juridical research, namely research conducted by examining library materials or secondary data. In terms of implementing the diversion, there are several things that make it impossible. There are several factors that cause the diversion of children who abuse narcotics to not be achieved,namely internal and external factors. @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-536870145 1107305727 0 0 415 0;}
Co-Authors Abd. Hakim Abdul Hakim Abdul Hakim Abdul Hakim Abdul Hakim Agus Fajri Ahmad Ansyari Siregar Ahmad Ansyari Siregar Ahmad Badawi harahap Ahmad Hariandi Alcapon Sidabutar Aldo Fiqri Maulana Ali Djamhuri Amarullah Siregar Armando, Fadli Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Butar-Butar, Kornelius Daud Yusuf Simanjuntak Dewi Patima Hutagalung Dona Antonio Edi Pratama Sitepu Elviana Sagala Elviana Sagala Fajar Fisheri Nasution Fatria Dewi Febri Kurniawan Febriyanti Irzansyah Firmansyah Firmansyah Gunawan Nasution, Sakti Gusria Amara Hefa Ruspita Helmika Suradi Amri Hengki Syahyunan Herman Danu Indra Kumala Sari M Indra Kumala Sari M Indra Kumala Sari Munthe Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M. Indra Kumalasari Munthe Indra Kumalasari Munthe Irma Shintia Kumaralo Junus, Nasran Khairani Amalia Tambunan Kumalasari M, Indra Kumalasari, Indra Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Lia Fazira Lisa Ayu Ningsih Lorent Tampubolon Maulana Putra Maya Jannah Maya Jannah Maya Jannah Muhammad Fadlan Muhammad Faisal Muhammad Fauzan Hasibuan Muhammad Muiz Hariansyah Hasibuan Muhammad Rizkiyawan Rafiyanto Muhammad Yusuf Siregar Muhammad Yusuf Siregar Muhammad Yusuf Siregar Mukhsin Juniardo Siregar Nimrot Siahaan Nimrot Siahaan Nisak, Khairun Panjaitan, Bernat Parlindungan Siregar Poriaman Poriaman Poriaman, Poriaman Prihartono Prihartono Purba, Didin Alberto Purba, Josua Sotarduga Rahmad Ramadhan Rambe, Sapani Martua Retni Ayu Syafitri Riki Afri Rizki Ritonga, Muhammad Khoirul Ryan Saputra Sahala Pardamean Harahap Santi Rambe Sigit Ardiansyah Sinaga, Dini Febrianti Br Sophian Parbue Simamora Sopian Sopian Sriono, Sriono Tambunan, Haris Nixon Tondi Rivaldi Munthe Wahyu Simon Tampubolon Wahyu Simon Tampubolon Yusnaidar Yusnaidar Zainal Abidin Pakpahan Zuwena Apdolipah