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All Journal JURNAL HUKUM Pembaharuan Hukum JURNAL MERCATORIA Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Darma Agung JUNCTO: Jurnal Ilmiah Hukum Jurnal Ilmiah METADATA JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Abdimas Bina Bangsa Jurnal Prointegrita Jurnal Pengabdian Masyarakat Hablum Minannas PKM Maju UDA JURNAL RETENTUM
Lubis, Mhd. Ansori
Universitas Darma Agung
Religion Humanities Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights Siregar, Syawal Amry; Siregar, Gomgom TP; Lubis, Muhammad Ansori
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3246

Abstract

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.
Legal Responsibility of Insurance Companies for Actions of Default in Insurance Agreements Yasid, Muhammad -; Siregar, Gomgom TP; Lubis, Muhammad Ansori; Devi, Ria Sintha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3951

Abstract

Insurance is one way to help the community in diverting risks from events that are not necessarily going to happen. In this case the insurance company as the insurer has an obligation to fulfill the agreement that has been agreed by him with the insured which is called the policy agreement. However, in practice, not a few insurance companies default on insurance agreements. This study uses a normative juridical method with a qualitative descriptive analysis. Based on the results of the study it was concluded that the legal responsibility that must be carried out by the insurance company against default in the insurance agreement is the fulfillment of the rights of the policyholder as the insured of the insurance, namely compensation to the insured for achievements that were not carried out by the insurance company. The insured party can sue the insurance company if it defaults, besides that if the insurance company defaults, the insurance company can be given sanctions such as written warnings, fines, restrictions on business activities, up to revocation of business licenses
Perlindungan Hukum Terhadap Anak dalam Upaya Pencegahan Tindak Pidana Kekerasan Seksual pada Anak Lubis, Muhammad Ansori
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8460

Abstract

Children are often victims of sexual violence. Children who become victims of this crime continue to increase, as if the perpetrators never feel the concern that the law will ensnare with severe sanctions. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, there are still many obstacles encountered. these obstacles are both obstacles from internal factors and obstacles from external factors. The implementation of legal protection for child victims of sexual violence in reality still cannot be implemented optimally in accordance with the policies of existing laws and regulations in Indonesia. In enforcing the law in the crime of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family and the community. Based on Law Number 35 of 2014 concerning the legal protection of children in article 64 (special protection of children in conflict with the law as referred to in article 59 paragraph (2) letter b) is carried out through: humane treatment by paying attention to needs in general, separation from adults, effective provision of legal aid and other assistance, or other cruel, inhuman and degrading treatment, avoidance of the imposition of the death penalty and/or life imprisonment, avoidance of arrest, detention or imprisonment, except as a last resort and within the shortest time. provision of justice before the court. Keywords: Legal Protection, Prevention, sexual
DISPUTE RESOLUTION THROUGH ARBITRATION IN SALE AND PURCHASE AGREEMENT Daudsyah, Teuku; Lubis, Muhammad Ansori
Jurnal Ilmiah METADATA Vol. 7 No. 3 (2025): Edition September 2025
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v7i3.924

Abstract

Dispute resolution outside the court can be grouped into two forms: dispute resolution carried out by the parties themselves and dispute resolution involving a third party. Regarding the involvement of this third party, it is also distinguished into two forms: a third party without decision-making authority (for example, a mediator) and a third party with decision-making authority. The legal force of an arbitration decision is the legal force for the disputing parties. is binding and must be implemented by the parties voluntarily. If the parties are unwilling to comply with the arbitration decision voluntarily, then the arbitration decision will be enforced. If any party objects to the arbitration body's decision, they can file an appeal. Objections must be filed within 14 (fourteen) working days from the time the business actor or consumer receives notification of the Consumer Dispute Resolution Body's decision
USE OF VILLAGE FUNDS BASED ON GOVERNMENT REGULATIONS NUMBER 60 OF 2014 Irwansyah, Irwansyah; Lubis, Muhammad Ansori
Jurnal Ilmiah METADATA Vol. 7 No. 3 (2025): Edition September 2025
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v7i3.925

Abstract

Village funds are managed in an orderly manner, in accordance with the provisions of laws and regulations, efficiently, economically, effectively, transparently, and responsibly, with due regard for a sense of justice and propriety, and prioritizing the interests of the local community. Regulations on the use of village funds based on Government Regulation Number 60 of 2014 are used for physical development and community empowerment. Village funds are a very helpful and very effective policy in supporting the implementation of village government programs. The implementation of the use of village funds received in stages directly from the APBN has supported village government programs to carry out village development prioritized in the maintenance of community welfare facilities and infrastructure, economic and social education enterprises, and the field of village community empowerment by developing entrepreneurship, as well as expanding individual economics through procurement or capital assistance.
THE ROLE OF THE PUBLIC PROSECUTOR AS AN IMPLEMENTER COURT DECISION IN A CASE THAT HAS BEEN PERMANENT LEGAL FORCE Nurita, Cut; Lubis, Muhammad Ridwan; Lubis, Muhammad Ansori
Jurnal Ilmiah METADATA Vol. 7 No. 3 (2025): Edition September 2025
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v7i3.926

Abstract

The implementation of a judge's decision that has permanent legal force is the most important part of the judicial process because this is where true justice is upheld . The role of the public prosecutor as the implementer of court decisions in criminal cases that have permanent legal force is to be able to carry out execution based on excerpts from court decisions. A copy of the decision or excerpt of the decision (criminal) that has been sent to the parties (defendant and prosecutor), then the excerpt of the criminal decision can be used as a basis for execution, because it contains the verdict or dictum of the decision, but the legal considerations are no longer included. The mechanism for implementing court decisions in criminal cases that have permanent legal force is that the clerk must send a copy of the decision to the prosecutor's office to be implemented by the public prosecutor. The obstacles faced by the public prosecutor in implementing court decisions in cases that have permanent legal force are the messengers who have permanent legal force but the copy of the decision has not been submitted to the prosecutor's office, the public prosecutor's efforts in facing obstacles in implementing court decisions that have permanent legal force are to coordinate with the relevant courts to immediately send a copy of the decision to the prosecutor's office.
DISCRETION OF LAW ENFORCEMENT OFFICIALS IN HANDLING CHILDREN WHO COMMIT CRIMES: A STUDY OF COMPLIANCE WITH THE PRINCIPLES OF RESTORATIVE JUSTICE Lubis, Muhammad Ansori
Jurnal Ilmiah METADATA Vol. 7 No. 3 (2025): Edition September 2025
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v7i3.927

Abstract

The discretionary power of law enforcement officials in handling juvenile delinquency cases represents a critical juncture where legal formalism intersects with restorative justice principles. This study examines the extent to which law enforcement discretion aligns with restorative justice frameworks when processing children in conflict with the law. Utilizing a qualitative approach with case study methodology, this research analyzes 45 cases of juvenile delinquency handled by law enforcement agencies across three jurisdictions over a two-year period (2022-2024). Data were collected through in-depth interviews with 30 law enforcement officials, legal practitioners, and juvenile justice stakeholders, supplemented by document analysis of case files and policy documents. The findings reveal significant variations in discretionary practices, with compliance rates to restorative justice principles ranging from 42% to 78% across jurisdictions. Key factors influencing discretionary decisions include organizational culture, training exposure to restorative justice approaches, severity of offenses, victim-offender dynamics, and institutional support mechanisms. The study identifies four discretionary typologies: formalistic enforcers, contextual mediators, welfare-oriented facilitators, and hybrid practitioners. While formal policies endorse restorative approaches, implementation gaps persist due to insufficient training, limited resources, ambiguous procedural guidelines, and resistance to paradigm shifts from retributive to restorative models. The research contributes to juvenile justice literature by mapping the discretionary landscape and its alignment with restorative justice imperatives, offering evidence-based recommendations for policy reform, capacity building, and institutional strengthening to enhance child-centered justice delivery systems.
The Settlement of Children's Cases Through Diversion: Role of Leader Community for Justice Lubis, Muhammad Ansori; Nurita, Cut; Sanni, Tajudeen
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.46436

Abstract

The prison punishment model makes law enforcement behavior only oriented towards punishment, so that the concept of diversion is only used as an option, without considering the importance of the success of its implementation, this study is expected to produce objectives to determine, analyze and study the role of the community in resolving cases of children in conflict with the law through diversion. This study used a socio-legal approach. The results of the study state that, Diversion, as part of restorative justice, aims to restore the condition of victims and perpetrators, and repair relationships damaged by criminal acts, not just to impose punishment. In addition, the issue of child criminal cases can also be resolved through non-formal mechanisms based on standard guidelines. Forms of non-formal handling can be carried out through diversion as a mediation process facilitated by law enforcement at every level. In the case of Children in Conflict with the Law, necessary to present community leaders to provide considerations for the success of diversion so that it achieves the value of justice.
Co-Authors Ade Tamara Marpaung Ahmad Zukri Alrasyid Alusianto Hamonangan Anhar, Chairil Antonyus Hutahayan Bilin Santoriko Sinaga Budiono Saputro Cut Nurita Darwin S. Pangaribuan Darwin Sinabariba Daudsyah, Teuku Devi Siringo-ringo Diana R. Hutasoit Donna Mariana Hutabarat Fauzi, Mhd. Iqbal Fidelis P Simamora Fidelis Pangondian Simamora Fitriani Fitriani Fitriani Fitriani Frans Sindi Butar-Butar Gaol, Jonner Lumban Gomgom TP Siregar Harles R. Gultom Immanuel Barasa Irwansyah Irwansyah Joel Morgan Sinaga Kevin Donaro Marpaung Lase, Yones Irawan Lestari Victoria Sinaga Lestari Victoria Sinaga Lewister D Simarmata Madianta Br Ginting Maidin Gultom Marbun, Jaminuddin Masdi Anwarta Depari Mhd Taufiqurrahman Muhammad Ridwan Lubis Muhammad Siddiq Muhammad Yassid Nanci Yosepin Simbolon Nasution, Muhammad Yasid Nasution, Yasid Nata Pardamean Panjaitan Nazlah Rachma Panggabean Ndruru, Onekhesi Nikson Silitonga Novi Juli Rosani Zulkarnaen Novi Juli Rosani Zulkarnain Nurita, Cut Olivia Kristanti Sianturi Putri Ningsih Pardede Rahmadani, Gema Ramsi Meifati Barus, Ramsi Meifati Reza Fahlevi Kasbi Reza Nurul Ichsan Ria Sinta Dhevi Ria Sintha Devi ROGERS, MAURICE Sanni, Tajudeen Silaban, Rudolf Simarmata, Lewister d. Siregar, Syawal Amry Syaputra, Muhammad Yusrizal Adi Taufiqurrahman, Mhd. Terbit Terbit Thio, Wenny Prata Surya Toto Hartono Tri Pranata Purba Tutur Adp Sinaga Venny Fraya Hartin Nst Wina Finely Putri Simangunsong Yasid, Muhammad -