Article Per Year (5 Year)
p-Index From 2021 - 2026
5.619
P-Index
This Author published in this journals
All Journal Jurnal Hukum Respublica JOURNAL EQUITABLE Ensiklopedia of Journal Jurnal Ilmu Hukum The Juris Pagaruyuang Law Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Asian Journal of Aquatic Sciences Eksekusi : Journal Of Law Collegium Studiosum Journal Journal of Social Research Journal Indonesia Law and Policy Review (JILPR) Innovative: Journal Of Social Science Research ANDREW Law Journal Journal of Social Science and Education Research
Harahap, Irawan
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

Published : 46 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 46 Documents
Search

 1   2   3   4   5 
LAW ENFORCEMENT AGAINST REFUGEES WHO VIOLATE THE RULES IN PEKANBARU CITY BASED ON PRESIDENTIAL REGULATION NUMBER 125 OF 2016 CONCERNING HANDLING OF REFUGEES FROM ABROAD Fahli, Zul; Triana, Yeni; Harahap, Irawan
EKSEKUSI Vol 7, No 1 (2025): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v7i1.34541

Abstract

ABSTRACT Article 30 paragraph (2) of Presidential Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad regulates sanctions for special placement/isolation of refugees who violate accommodation regulations." The purpose of the study is to analyze law enforcement against refugees who violate the rules in Pekanbaru City based on Presidential Regulation Number 125 of 2016; To analyze the inhibiting factors; To analyze efforts to overcome the obstacles. The research method is sociological legal research, legislative and case approaches; the research location is the National Unity and Politics Agency of Pekanbaru City; population and samples from relevant sources; data sources are primary, secondary and tertiary; data collection techniques are observation, structured interviews and document/literature studies; data analysis is qualitative with inductive conclusion drawing. Law enforcement has not been implemented properly, especially from 2020 to 2024, as evidenced by the fact that special placement sanctions have not been applied to refugees who violate. Second, inhibiting factors are legislative factors; law enforcement officers/government, community, facilities. facilities and culture.Keywords: Refugees, Presidential Regulation, Pekanbaru ABSTRAK Pasal 30 ayat (2) Peraturan Presiden Nomor 125 Tahun 2016 tentang Penanganan Pengungsi dari Luar Negeri mengatur sanksi penempatan khusus/ pengisolasian terhadap pengungsi yang melanggar tata tertib akomodasi.” Tujuan penelitian ialah Untuk menganalisis penegakan hukum terhadap pengungsi yang melanggar aturan di Kota Pekanbaru  berdasarkan Peraturan Presiden Nomor 125 Tahun 2016; Untuk menganamisis faktor yang menghambatnya; Untuk menganalisis upaya mengatasi hambatannya. Metode penelitiaan ialah penelitian hukum sosiologis, pendekatan perundang–undangan dan kasus; lokasi penelitian yaitu Badan Kesatuan Bangsa dan Politik Kota Pekanbaru; populasi dan sampel dari narasumber relevan; sumber data ialah primer, sekunder dan tersier; teknik pengumpulan data ialah observasi, wawancara terstruktur dan studi dokumen/kepustakaan; analisis data ialah kualitatif dengan penarikan  kesimpulan induktif. Penegkan hukumnya belum dilaksanakan dengan baik terutama tahun 2020 sampai 2024 dibuktikan terhadap para pengungsi yang melanggar, sanksi berupa penempatan secara khusus belum diterapka. Kedua, Faktor yang menghambat ialah Faktor perundang-undangan; aparat penegak hukum/ pemerintah, masyarakat, sarana. fasilitas dan kebidayaan.Kata Kunci: Pengungsi, peraturan Presiden, Pekanbaru
IMPLEMENTATION OF WORKER REGISTRATION AS PARTICIPANTS OF EMPLOYMENT SOCIAL SECURITY ADMINISTRATORS IN PRIVATE COMPANIES IN PEKANBARU CITY Sihotang, Tunggul; Afrita, Indra; Harahap, Irawan
EKSEKUSI Vol 7, No 1 (2025): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v7i1.34672

Abstract

ABSTRACT Background: Article 15 paragraph (1) of Law Number 24 of 2011 concerning BPJS, regulates the obligation of employers to register themselves and their workers as BPJS Participants." Research objectives: To analyze the implementation of registration; To find inhibiting factors and efforts to overcome them. Research methods: sociological legal research; legislative and case approaches; research location: BPJS Pekanbaru Branch Office; population and samples from relevant sources; data sources: primary, secondary, tertiary; data collection techniques: observation, structured interviews, document/library study; data analysis: qualitative; conclusion: inductive.  Research results: the regulations have not been implemented well. Conclusion: First, the implementation of worker registration as BPJS Employment participants in private companies in Pekanbaru City has not yet been carried out in accordance with legal provisions in 2022 to 2024, where of the 13 companies and cooperatives there are still some workers whose employers have not registered as BPJS Employment participants. Second, the inhibiting factor is the factor of law enforcement/government officials, namely lack of understanding of regulations, efforts to overcome them are providing technical guidance; Lack of supervision and control from local agenciesKeywords: Participants, BPJS, Private Companies ABSTRAK Latar belakang Pasal 15 ayat (1) Undang-Undang Nomor 24 Tahun 2011 tentang BPJS, mengatur kewajiban pemberi kerja mendaftarkan dirinya dan pekerjanya sebagai Peserta BPJS.” Tujuan penelitian: Untuk menganalisis implementasi pendaftaran; Untuk menemukan faktor yang menghambat dan upaya mengatasi. Metode penelitiaan: penelitian hukum sosiologis; pendekatan perundang–undangan dan kasus; lokasi penelitian: Kantor Cabang BPJS Pekanbaru; populasi dan sampel dari narasumber relevan; sumber data: primer, sekunder, tersier; teknik pengumpulan data: observasi, wawancara terstruktur, studi dokumen/kepustakaan; analisis data: kualitatif; kesimpulan:  induktif.  Hasil penelitian: regulasi itu belum diimplementasikan dengan baik. Kesimpulan: Pertama, Implementasi pendaftaran pekerja sebagai peserta BPJS Ketenagakerjaan pada perusahaan swasta di Kota Pekanbaru belum berjalan sesuai ketentuan hukum di tahun 2022 sampai 2024, dimana dari 13 perusahan dan koperasi masih ada sebagian pekerja yang belum didaftarkan pemberi kerjanya sebagai peserta BPJS Ketenagakerjaan. Kedua, Faktor yang menghambat ialah  Faktor aparat penegak hukum/pemerintah yaitu kurang memahami regulasi, upaya mengatasinya menyelenggarakan bimbingan teknis; Kurangnya pengawasan dan kontrol dari dinas setempatKata Kunci: Peserta, BPJS, Perusahaan Swasta
PENEGAKAN HUKUM TERHADAP PELAKU KEKERASAN FISIK DALAM RUMAH TANGGA Nugraha, Ahmad Angga; Harahap, Irawan; Pardede, Rudi
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1675

Abstract

This includes physical assaults, including actions against minors such as slapping, or more severe acts involving deadly weapons. Furthermore, physical violence may involve hitting, injuring the body with blunt objects, sharp weapons, or other technology-related means (e.g., electricity). The use of violence may cause various injuries such as bruises, stab wounds, lacerations, or even injuries that lead to death. Threats or acts of violence can occur directly, through speech, body language, or indirectly (via letters, phone calls, or third parties) with the intent of using physical force against another person. The purpose of this research is To analyze the enforcement of the law against perpetrators of physical domestic violence based on Law No. 23 of 2004 on the Elimination of Domestic Violence in the jurisdiction of the Pekanbaru Police Resort; To examine the legal process and effectiveness in the handling of physical domestic violence cases; To identify efforts to overcome obstacles in enforcing the law against perpetrators of physical domestic violence in the same jurisdiction. This study employs a sociological legal research method. Based on the research findings, it is known that the enforcement of the law against perpetrators of physical domestic violence in accordance with Law No. 23 of 2004 in the jurisdiction of the Pekanbaru Police Resort has not been running effectively. This is evident from the continued prevalence of domestic violence cases in society. The persistent occurrence of domestic violence reflects the fact that the law has not yet been fully felt by victims—especially women and children, who are most vulnerable to abuse. One of the fundamental underlying issues behind weak law enforcement in domestic violence cases is the strong influence of patriarchal culture embedded in the social structure. In a patriarchal system, men are positioned as the dominant authority in the household, while women are expected to be obedient and submissive.
AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI TANAH MELALUI PUTUSAN PENGADILAN NEGERI TERHADAP KEPEMILIKAN HAK ATAS TANAH Agustin, Elvan; Fahmi; Harahap, Irawan
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1630

Abstract

The Cancellation of Land Sale and Purchase Deeds through Court Decisions Has Complex Implications. It not only alters the legal status of land ownership but also affects the civil rights of the parties involved, the legal responsibilities of the Land Deed Official (PPAT), and administrative arrangements at the National Land Agency (BPN). Therefore, the cancellation process must be carried out carefully and based on strong evidence to avoid creating new legal uncertainties in society. The method used is normative legal research. Based on the research findings, Legal Protection for Good Faith Buyers emphasizes that every land sale and purchase transaction must comply with applicable legal provisions. A good faith buyer—one who purchases land honestly and without knowledge of legal defects in the transaction—is entitled to legal protection. If a land sale and purchase deed is cancelled by a court decision, the good faith buyer must be protected through compensation or a refund to ensure their rights are not neglected. The Legal Consequences of the Cancellation of a Land Sale and Purchase Deed through a Court Decision impact the ownership status of the land. Such cancellation causes the land rights to revert to the seller, and the buyer can no longer claim ownership. In this case, a refund or compensation becomes an essential step to restore the good faith buyer’s position. Additionally, the land administration process must be updated to reflect the new status of the land in accordance with the court's decision.
IMPLEMENTASI PENGELOLAAN BARANG BUKTI TINDAK PIDANA DI WILAYAH HUKUM POLRESTA PEKANBARU Muhardi, Dekky; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1680

Abstract

In the jurisdiction of the Pekanbaru City Police Resort, as part of the Indonesian National Police tasked with maintaining public security and order, the management of criminal evidence should be carried out professionally, transparently, and in accordance with applicable legal provisions, as stipulated in the Indonesian Criminal Procedure Code (KUHAP), the Indonesian Criminal Code (KUHP), and internal police regulations. The purpose of this research is to analyze the implementation of criminal evidence management within the jurisdiction of the Pekanbaru City Police Resort, to examine the obstacles in its implementation, and to explore efforts to overcome these obstacles. The research method used is sociological legal research. Based on the research findings, it is known that the implementation of criminal evidence management in the jurisdiction of the Pekanbaru City Police Resort has not been running as it should. Although the formal procedures for managing evidence have been regulated through procedural law and internal police regulations, in practice, some pieces of evidence are still being stored within individual units rather than in centralized, standardized facilities. The obstacles in implementing evidence management include lack of coordination between investigators and other relevant units involved in the criminal justice process, inadequate infrastructure and storage facilities, and the absence of an optimal internal supervision system over evidence management processes. Efforts to overcome these challenges include strengthening inter-departmental coordination, encouraging the digitization of evidence administration systems, improving physical storage facilities, and pushing for adequate budget allocation from the police institution as well as support from local governments to ensure that evidence storage facilities meet ideal standards. Additionally, enhancing the integrity and professionalism of personnel involved in the management of criminal evidence is also a crucial measure.
LEGAL CERTAINTY IN THE SUSPENSION OF CRIMINAL CASES DUE TO THE EXISTENCE OF CIVIL CASES IN THE LEGAL JURISDICTION OF THE KAMPAR RESORT POLICE Hartono, Wandi; Harahap, Irawan; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.453

Abstract

In the practice of criminal law enforcement in the jurisdiction of the Kampar Resort Police, legal issues often arise when a criminal case overlaps with a civil dispute. For instance, in cases involving alleged fraud or embezzlement, the reported party frequently argues that the matter is essentially a civil issue due to the existence of an agreement or contractual relationship between the parties. In this context, a legal question emerges regarding whether a criminal case may or should be suspended due to an ongoing or unresolved civil case. This situation creates tension between the principles of substantive justice, the doctrine of ultimum remedium in criminal law, and the principle of legal certainty. The objectives of this research are: to analyze legal certainty in the suspension of criminal cases due to the existence of civil cases within the jurisdiction of the Kampar Resort Police; to analyze the obstacles to legal certainty in such suspensions; and to analyze efforts to overcome these obstacles. The method used in this study is sociological legal research. Based on the findings, legal certainty in the suspension of criminal cases due to civil disputes in the Kampar Police jurisdiction has not been properly implemented. This is due to the legal provision that states criminal cases are not bound by civil proceedings. However, in practice, there is inconsistency in the application of this principle. In some instances, the criminal process continues despite ongoing civil litigation, while in others, it is suspended without a clear legal basis aside from the existence of a civil suit. The obstacles to legal certainty in the suspension of criminal cases include the lack of clear regulations and technical guidelines regarding the criteria and limits of suspension, limited protection for investigators' authority in making sensitive legal decisions, and conceptual confusion between criminal and civil matters, compounded by inadequate understanding among law enforcement officers. Efforts to overcome these obstacles include developing an internal policy framework in the form of technical guidelines or Standard Operating Procedures (SOPs) that detail when and under what conditions a criminal case may be suspended due to a civil dispute; the need for careful and well-documented legal assessments by investigators in every suspension process; and the establishment of official regulations or guidelines within the Indonesian National Police explicitly governing the limits and procedures for suspending criminal cases related to civil matters.
ANALISIS KRITIS AKSES DAN EKSKLUSI DALAM REGULASI KEHUTANAN UNDANG-UNDANG NOMOR 41 TAHUN 1999 TENTANG KEHUTANAN Suwarno, Eno; Harahap, Irawan
ANDREW Law Journal Vol. 4 No. 1 (2025): JUNI 2025
Publisher : ANDREW Law Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61876/alj.v4i1.41

Abstract

This study aims to analyze Law Number 41 of 1999 on Forestry using the access theory developed by Ribot and Peluso. The focus of the analysis is directed at key articles that govern authority, classification, licensing, and law enforcement in forest management in Indonesia. The method employed is normative legal research using content analysis techniques applied to legal documents and scholarly literature. The results show that the state is not only a legal actor that regulates access through law, but also actively produces access through institutional structures, administrative procedures, and exclusive power relations. The provisions of Law No. 41/1999 predominantly facilitate access for capital-intensive actors such as corporations and state institutions, while customary and local communities face structural and legal barriers in obtaining benefits from forest resources. This study concludes that the Forestry Law is centralistic in nature and does not adequately ensure access justice for vulnerable groups. Therefore, a reformulation of the regulation is needed to be more inclusive and decentralized, with formal recognition of community-based access arrangements.
PENERAPAN HUKUM TERHADAP PELAKU PENYEBARAN KONTEN PORNOGRAFI Rizki, Muhammad; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1710

Abstract

Pornography in Indonesia is a serious concern for the government, as the Associated Press once stated that Indonesia could become the next haven for pornography. This is due to the ease with which erotic or sensual images and information can now be downloaded and accessed simply for viewing or enjoyment. Certain individuals have taken advantage of this situation by developing and commercializing pornographic materials. Such content can now be found almost anywhere, with virtually no restrictions on accessing pornographic videos or images. The spread of pornographic content through the internet has become increasingly easy and fast, necessitating firm actions to prevent it. The objective of this study is to analyze the enforcement of the law against individuals who distribute pornographic content under Law No. 44 of 2008 on Pornography (Case Study at the Criminal Investigation Unit of Pekanbaru City Police). Specifically, it aims to examine the obstacles in the implementation of criminal law against the distribution of pornographic content, and to analyze the efforts and solutions to overcome these obstacles under the same law. The research method used is a sociological legal approach. The findings reveal that the enforcement of the law against perpetrators of pornographic content distribution has been carried out by the Criminal Investigation Unit of the Pekanbaru City Police in accordance with the provisions of the Pornography Law and the Law on Electronic Information and Transactions (ITE Law). Legal enforcement involves stages of investigation, inquiry, and case transfer to the prosecution, guided by relevant criminal provisions. However, the enforcement is not yet fully effective, as many cases remain undisclosed or do not proceed to prosecution—particularly those involving distribution through social media and digital applications. The obstacles identified include: difficulties in digital evidence collection due to the use of anonymous accounts and VPNs by perpetrators; limited forensic digital capabilities among law enforcement officers; ambiguous legal norms within the Pornography Law that lead to varied interpretations; and low public awareness regarding the dangers of distributing obscene content. Additional challenges include cultural and psychological barriers that deter victims from reporting, and weak coordination among institutions and digital platform providers in addressing pornographic content. Proposed solutions include: enhancing law enforcement capacity through digital forensic training; harmonizing legal norms to make them clearer and more operational; increasing digital literacy and legal education among the public; and optimizing cooperation between the government and internet service providers. A restorative justice approach can also be considered in certain cases, especially those involving children or adolescents, to ensure that law enforcement remains humane. Furthermore, the establishment of a dedicated cybercrime unit to professionally and sustainably handle digital pornography cases is essential.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL Sistha, Windy Widya; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1715

Abstract

Sexual harassment is regulated under Law Number 12 of 2022 concerning the Crime of Sexual Violence. Article 4 paragraph 2 of the law stipulates that anyone who commits non-physical actions such as gestures, writings, and/or words related to another person's body parts or sexual desires can be subject to criminal sanctions for non-physical sexual harassment. Offenders proven to have violated this law may face imprisonment of up to nine months and/or a maximum fine of IDR 10 million. The purpose of this research is to analyze the legal protection for victims of sexual violence based on the perspective of Law Number 12 of 2022 concerning the Crime of Sexual Violence, and to analyze the legal consequences of such protection. The method used is normative legal research. Based on the findings, the legal protection for victims of sexual violence under this law represents a significant milestone in Indonesia’s legal framework. The law progressively places the victim at the center of the legal process and broadens the definition of sexual violence beyond what was previously outlined in the Criminal Code (KUHP). Through this law, victims are granted broader rights, including legal assistance, rehabilitation, protection from intimidation, and recovery services. On the other hand, law enforcement officers have greater legal obligations to carry out investigations and trials with a victim-centered approach. The legal consequences of this protection not only affect the perpetrators in the form of criminal sanctions and additional penalties, but also impose institutional responsibilities on the state, including the provision of recovery services and reforming legal approaches. However, implementation challenges such as limited understanding among law enforcement, lack of support facilities, and low public legal literacy remain significant obstacles that must be addressed.
ANALISIS YURIDIS TERHADAP PENERAPAN UNSUR DILAMPAUINYA BAKU MUTU LINGKUNGAN DALAM PUTUSAN HAKIM PADA KASUS KEBAKARAN LAHAN Sormin, Yohanes Untung; Kadaryanto, Bagio; Harahap, Irawan
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1716

Abstract

The objective of this research is to analyze the Juridical Analysis of the Application of the Element of Exceeding Environmental Quality Standards in Judges’ Decisions on Land Fire Cases, and to examine the legal consequences arising from such application. The method used is normative legal research. Based on the research findings, it is known that the juridical analysis of the application of the element of exceeding environmental quality standards in judicial decisions on land fire cases shows that this element plays a central role in proving the occurrence of environmental pollution or damage. Environmental quality standards serve as objective benchmarks established through regulation to determine whether the environmental condition remains within acceptable limits or has been polluted. In land fire cases, the exceedance of air, soil, or water quality standards becomes strong evidence that an environmental law violation has occurred. However, in judicial practice, the application of this element remains suboptimal. Many court decisions have not used scientific test results related to environmental quality standards as a primary legal consideration. This is due to several factors, including the limited technical capacity of law enforcement officers, weak scientific evidence presented by investigators and prosecutors, and the lack of judges' understanding of technical aspects in environmental law. As a result, many perpetrators of land fires, particularly corporations, are not held fully accountable under the law. Legal consequences of applying the element of exceeding environmental quality standards in judicial decisions on land fire cases include criminal sanctions, the application of the strict liability principle, obligations for compensation and environmental restoration, and administrative sanctions such as revocation of business licenses or suspension of activities
Co-Authors Afrita, Indra Agustin, Elvan ALFARISI , SALMAN Arifin, Dhani Fratama Ariyanto, Yuli Azmi, Bahrum Bagio Kadaryanto, Bagio Bangun, Tri Suranta Eno Suwarno Ernawaty, Beby Fahli, Zul Fahmi Fanny Fanny Hanipah Haq, Miftahul Hartono, Wandi Hutagaol, Hendra Dm Kadri m, Tri Novita Sari Manulang, Johanes Gabe Saputra Muhammad Rizki Muhardi, Dekky Nainggolan, Awet Lestari Nugraha, Ahmad Angga Oktapani, Silm Pardede, Rudi Pratiwi, Riantika ratiwi, Riantika P Saputra, Dodi Ripo Sihombing, Rainer Wilona Sihotang, Tunggul Silaen, Gabriel Francius Sinaga, Richard Siregar, Anta Arief Siregar, Marito Sistha, Windy Widya Sormin, Yohanes Untung Susi Susanti Suwisman, Suwisman Tampubolon, Subiarto Aprido Thamrin Thamrin Triana, Yeni Welli, Dion Winstar, Yelia Nathassa Yalid Yalid