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All Journal JURNAL PENDIDIKAN TAMBUSAI Jurnal Ilmiah Penegakan Hukum Jurnal Sosial Humaniora Sigli Reswara: Jurnal Pengabdian Kepada Masyarakat UNES Journal of Swara Justisia Al-MIKRAJ: Jurnal studi Islam dan Humaniora Jurnal Smart Hukum (JSH) Future Academia : The Journal of Multidisciplinary Research on Scientific and Advanced
Nurhimmi Falahiyati, Akiruddin Ahmad
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Peran Organisasi Kepemudaan Gerakan Pemuda Al Washliyah Provinsi Sumatera Utara Dalam Pencegahan Tindak Pidana Narkotika Di Kalangan Remaja Menurut Undang-Undang Nomor 40 Tahun 2009 Tentang Kepemudaan Siregar, Zulham Efendi; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16272

Abstract

Drug abuse has become a crisis that threatens various aspects of life, including physical, mental, and social health, and even the future of the younger generation. Globally, approximately 296 million people aged 15-64 will abuse drugs in 2023, representing approximately 5.8% of the adult population. In Indonesia, the prevalence of drug abuse in 2023 is projected to reach 1.73%, equivalent to 3.33 million people aged 15-64. Of this number, 312,000 are adolescents. This indicates that adolescents, as the nation's hope, are highly vulnerable to the distribution and influence of narcotics (BNN RI, 2025). The type of research used is empirical legal research. Empirical legal research is legal research that combines two approaches: a normative (legal) approach and a sociological (empirical) approach. The GPA plays a strategic role as an Islamic youth organization that not only fosters and develops the potential of its members but also serves as a moral bulwark in preventing drug crimes among adolescents through religious, educational, and social approaches. GPA's strategies and policies are comprehensive, encompassing internal development through enforcement of organizational rules, drug awareness campaigns, and the involvement of cadres in positive activities. GPA also synergizes its programs with government policies (particularly the P4GN) and collaborates with authorities and educational institutions. GPA's relationship with other youth organizations in North Sumatra is synergistic and collaborative, where cross-organizational cooperation further strengthens the collective movement against drugs and emphasizes the role of youth as the vanguard in safeguarding the nation's morality, health, and future.
Perlindungan Hukum Terhadap Kreditor Separatis Atas Hak Eksekusi Jaminan Debitor Lembaga Keuangan Berdasarkan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan Penguatan Sektor Keuangan (Studi : Balai Harta Peninggalan (Bhp) Medan) Ma’arif, Amar; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16277

Abstract

The position of secured creditors in the Indonesian bankruptcy regime has shifted significantly following the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUPPSK). Separatists traditionally have the privilege of executing collateral objects without being subject to the general bankruptcy mechanisms stipulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). However, the revocation of some of the UUKPKPU norms by the UUPPSK has created normative uncertainty, particularly regarding the limited access of secured creditors to bankruptcy instruments if the debtor is a financial services institution under the exclusive authority of the Financial Services Authority (OJK). Using a normative and empirical juridical approach, along with statutory, conceptual, and case study analysis, the study shows that although the UUKPKPU still legitimizes secured creditors' right to execute, its regulation is reduced by the validity of the stay period and the limitation of locus standi in financial institution bankruptcy cases. This situation creates tension between the interests of secured creditors seeking legal protection for their property rights and the regulator's goal of maintaining financial system stability. The research findings confirm that the legal configuration following the UUPPSK has not fully guaranteed the certainty and protection of secured creditors' rights, and has created a normative vacuum that has the potential to disrupt the balance between individual creditors' interests and the public interest in the context of financial sector stability.
Analisis Kedudukan Perma No. 1 Tahun 2016 Tentang Prosedur Mediasi Sebagai Dasar Penyelesaian Perselisihan Yang Bermuatan Tindak Pidana Dalam Perspektif Hukum Pidana Surya, Muhammad Langga; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16424

Abstract

This study examines the legal status of the Indonesian Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures when applied to disputes containing criminal elements. Although PERMA is primarily designed to strengthen mediation mechanisms in civil cases, in practice many disputes originate in the civil domain but subsequently generate criminal consequences, such as fraud allegations arising from loan agreements, domestic violence emerging from family conflicts, or embezzlement issues stemming from business disputes. These situations raise questions regarding the extent to which PERMA may influence or serve as a basis for resolving cases involving criminal offenses. Using a normative juridical method with statutory, conceptual, and case approaches, this study finds that PERMA is hierarchically subordinate to statutory laws and therefore cannot override the Indonesian Criminal Code (KUHP) or the Criminal Procedure Code (KUHAP). Consequently, PERMA cannot serve as a legal basis for terminating criminal proceedings, as such mechanisms are strictly regulated under KUHAP. Nevertheless, the principles of mediation embodied in PERMA can be adopted analogically to support restorative justice, particularly in minor offenses or complaint-based crimes. Peace agreements may be considered by judges in sentencing or by prosecutors in applying the principle of opportunity. Thus, while PERMA cannot halt criminal processes, it can function as a normative reference that strengthens a more humanistic and efficient approach to criminal case resolution without compromising legal certainty.
Co-Authors Ahmad, Akiruddin Ahyar, Muhammad Akmal armanila, Armanila Dian Mandayani Ananda Nasution Harahap, Abdul Mukhikwal Harmuzan, Harmuzan Hutagalung, Reinhard Hasiholan Hutagalung, Yuni Mifta Afida Kartika, Mega Ma’arif, Amar Nanda, Satria Qori Rizqiah H Kalingga Rambe, Akbar Alwi Rokan, Muhammad Nuqfizar Khair SAFIRA, JIHAN Sahbudi Sahbudi, Sahbudi Simangunsong, Santi Siregar, Zulham Efendi Sitanggang, Lamtiur Surya, Muhammad Langga Tajhi, Ahmad Irham