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All Journal Jurnal Akta Jurnal Review Pendidikan dan Pengajaran (JRPP) ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan JUNCTO: Jurnal Ilmiah Hukum East Asian Journal of Multidisciplinary Research (EAJMR) Journal of Public Representative and Society Provision
Frensh, Wenggedes
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Implementasi Asas Ultimum Remidium Terhadap Anak Sebagai Penyalahguna Narkotika (Studi Putusan Nomor 37/Pid.Sus-Anak/2022/PN Mdn) Waruwu, Noman Tuboiman; Frensh, Wenggedes; Muazzul, Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.1837

Abstract

Criminal sanctions should be an (ultimum remedium) last remedy if other criminal means are unable to overcome. Children who are caught in legal cases as drug abusers are not fully perpetrators and criminals who must be punished like adults. This study aims to determine the application of the ultimum remedium principle to children as drug abusers. The research method used is normative legal research method or also called library legal research or research that looks at library materials (secondary data). Normative legal research as a way to build a system of norms about principles, norms, legal rules, agreements, and doctrines, as well as court decisions. The results showed that the application of the ultimum remedium principle against children is the last resort and the imposition of punishment must be non-custodial.
International Cyber Governance: Strategies And Practices Against Cybercrime Yongsheng, Guan; Isnaini, Isnaini; Frensh, Wenggedes
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5095

Abstract

This research examines the complexities of cybercrime and the global efforts required to combat it. Highlighting the increasing sophistication of cyber threats, the study emphasizes the critical importance of international cooperation in cyber governance, the necessity of evolving technological solutions, policy frameworks, and effective legal measures. Utilizing a comprehensive literature review, the research defines the scope, selects relevant databases, incorporates reputable reports, evaluates sources for credibility, and meticulously documents findings. This structured approach ensures a thorough understanding of cybercrime complexities and governance measures. Key areas include balancing security and privacy, public-private partnerships, and ongoing vigilance and collaboration to strengthen cyber governance against dynamic threats.
The Strategic Role of the Inspectorate as an Internal Supervisor of the Mandailing Natal Regency Government El Husein, Rusmin; Isnaini, Isnaini; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.468

Abstract

This study aims to analyze the strategic role of the Inspectorate as the internal supervisor of the local government of Mandailing Natal Regency in supporting good governance. This study uses a qualitative approach with data collection techniques through in-depth interviews, document studies, and observations. The data was analyzed descriptively to identify the role of the Inspectorate, the legal basis that supports it, and the inhibiting factors faced. The results of the study show that the Inspectorate has a strong legal foundation, including Law Number 23 of 2014, Government Regulation Number 60 of 2008 concerning SPIP, and related regional regulations. The strategic role of the Inspectorate includes supervising the implementation of regional policies, preventing corruption, evaluating OPD performance, and early detection of potential risks. However, the implementation of the supervisory function faces several obstacles, such as limited human resources, lack of budget, suboptimal technology, and intervention from external parties. These findings are in line with the theory of internal oversight which emphasizes the importance of independence, transparency, and accountability in government management. This study recommends strengthening human resource capacity, optimizing information technology, increasing budget allocation, and protecting the independence of the Inspectorate. In conclusion, the Mandailing Natal Regency Inspectorate has an important role in creating a transparent and accountable government. However, to optimize this role, commitment from various parties is needed to overcome existing obstacles.
Analysis of Law Enforcement Against Children as Perpetrators of Violent Theft: A Case Study of the Southeast Aceh Police Irvandi, Irvandi; Ramadhan, M. Citra; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.494

Abstract

Law enforcement against children as perpetrators of violent theft is a complex issue that requires special attention, especially in the application of the principle of restorative justice in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the applicable legal rules, the implementation of law enforcement by the Southeast Aceh Police, as well as the obstacles faced in handling cases of children as perpetrators of violent theft. The research method used is qualitative with a case study approach, which involves in-depth interviews, observations, and document studies. The results of the study show that the rule of law prioritizes the principles of child rehabilitation and protection through a diversion mechanism to prevent children from the formal criminal justice system. The Southeast Aceh Police has tried to apply this principle, despite facing various obstacles, such as limited facilities for children, lack of trained human resources, and low public understanding of the restorative approach. This research emphasizes the importance of a holistic approach that involves various parties to increase the effectiveness of law enforcement against children. Support in the form of training officials, improving child-friendly facilities, and community education is needed to ensure the success of a fair juvenile criminal justice system and support the social reintegration of child offenders. Thus, this system can function optimally to protect children's rights, create justice for victims, and restore social harmony.
Effectiveness of Traffic Law Enforcement and Alternative Models for Solving It at the Central Tapanuli Police Wahono, Totok Catur; Isnaini, Isnaini; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 2 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i2.536

Abstract

Traffic law enforcement is one of the important efforts in creating order and driving safety. This study aims to analyze the effectiveness of law enforcement against traffic violations in the Central Tapanuli Police Station, identify the factors that cause the high number of violations, and propose a more effective alternative solution model. This study uses a qualitative method with a descriptive approach. Data was obtained through interviews with police officers and the public, observations at several traffic points, and documentation studies related to traffic policies and regulations. The results of the study show that law enforcement at the Central Tapanuli Police still faces various obstacles, including low public awareness of the law, lack of supervision, limited infrastructure, and poor driving culture. Law enforcement, which currently focuses more on repressive measures, has not been able to create a significant deterrent effect. Therefore, more effective alternative models are needed, such as the SIM Point System, Traffic Education for Offenders, Social Sanctions, and ETLE Strengthening. This model is expected to increase public awareness and reduce the number of traffic violations in a more sustainable manner. With the implementation of a more innovative and education-based strategy, it is hoped that the level of traffic compliance in Central Tapanuli can increase significantly. The conclusion of this study indicates that a combination of strict law enforcement and a preventive approach is the main key in creating a more orderly and safe traffic system.
Police Efforts in Tackling Oil Palm Theft in the Jurisdiction of the Serdang Bedagai Police Siregar, Lengkap Suherman; Zulyadi, Rizkan; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 2 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i2.538

Abstract

Oil palm theft is one of the crimes that often occur in the jurisdiction of the Serdang Bedagai Police. This crime is influenced by various factors, such as the economic condition of the community, the weak plantation security system, and the existence of an organized network of theft syndicates. This study aims to analyze the factors that cause oil palm theft, the role of the police in overcoming it, and the obstacles faced in the law enforcement process. The research method used is qualitative descriptive, with a case study approach in the jurisdiction of the Serdang Bedagai Police. Data was obtained through interviews with police officers, the community, and plantation officials, as well as documentation and observations in the field. The results of the study show that the Serdang Bedagai Police have made various efforts in dealing with oil palm theft through preventive, repressive, and pre-emptive approaches. These efforts include routine patrols, cooperation with plantations, legal socialization to the community, and law enforcement against perpetrators. However, there are still obstacles such as limited human resources, low public participation in reporting crimes, and the complexity of the theft syndicate network. To overcome this obstacle, synergy between the police, the community, and plantation companies is needed in improving the security system and creating alternative economic solutions for the surrounding community. With a more comprehensive approach, it is hoped that the number of oil palm theft in this region can be significantly reduced.
Optimizing the Performance of the Serdang Bedagai Police in Overcoming Traffic Incidents Nainggolan, Parlin; Zulyadi, Rizkan; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 2 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i2.539

Abstract

Traffic accidents are a serious problem that affects public safety and has a significant social and economic impact. This study aims to analyze the optimization of the performance of the Serdang Bedagai Police in overcoming traffic accidents in its jurisdiction. The research method used is qualitative with a descriptive approach. Data were obtained through interviews, observations, and documentation studies which were then analyzed in depth. The results of the study show that the main factors causing traffic accidents in Serdang Bedagai Regency are human factors, vehicle factors, and environmental factors. The Serdang Bedagai Police have made various efforts in dealing with traffic accidents, which include preventive, repressive, and rehabilitative approaches. Preventive efforts are carried out through socialization and driving safety education to the public. Repressive efforts are carried out through law enforcement such as electronic ticketing (ETLE) and vehicle raids, while rehabilitative efforts involve coordination with hospitals and psychological assistance for accident victims. Despite various efforts, this study found the main challenges faced, such as the lack of police personnel, low public awareness, and inadequate road infrastructure. Therefore, cooperation between the police, local governments, and the community is needed to improve traffic safety. With good synergy, it is hoped that the number of traffic accidents in Serdang Bedagai Regency can continue to decrease.
Criminal Policy Toward the Crime of Defamation in Cyberspace Through the Use of Deepfake AI Frensh, Wenggedes
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44884

Abstract

Currently, humanity is experiencing rapid advancements in science and technology. Information and communication technology has undergone significant developments, particularly with the emergence of Artificial Intelligence (AI). This progress has ushered in the digital era, where people interact in cyberspace through social media platforms that utilize AI. While the use of AI in social media brings positive impacts by enhancing interactions in cyberspace, it also presents the potential for cybercrimes, including defamation through AI-based technology known as Deepfake. Several notable cases of defamation using Deepfake AI have occurred, such as the case of Raffaela Spone in the United States, who sent defamatory Deepfake content targeting members of the Victory Vipers cheerleading team; the manipulated video of Ukrainian President Volodymyr Zelenskyy; the Deepfake video of Indian actress Rashmika Mandanna wearing revealing clothing; and cases involving manipulated Deepfake videos of Indonesian public figures such as Prabowo Subianto, Gibran Rakabuming Raka, and Sri Mulyani. In Indonesia, there is still a lack of clear regulation concerning defamation through the use of Deepfake AI and how to address such crimes through criminal policy. This study aims to examine efforts to combat cyber defamation using Deepfake AI by applying both penal and non-penal criminal policy approaches. The research employs a normative juridical method, using secondary data sources and deductive analysis. The findings show that efforts to address the crime of cyber defamation using Deepfake AI can be implemented through penal policy using formulation strategies, and through non-penal policy by eliminating criminogenic factors contributing to cyber defamation with Deepfake AI. Penal policy countermeasures can be pursued under Law No. 11 of 2008 in conjunction with Law No. 19 of 2016, specifically Article 27 paragraph (3). Non-penal approaches involve the use of Deepfake AI detection technologies, protection of digital identities, digital literacy education, and the enhancement of personal data security.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA KORUPSI DALAM PENGELOLAAN ANGGARAN PROGRAM KARTU INDONESIA PINTAR KULIAH Silaban, Robby Adeputra; Frensh, Wenggedes
Jurnal Review Pendidikan dan Pengajaran Vol. 8 No. 2 (2025): Volume 8 No. 2 Tahun 2025
Publisher : LPPM Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jrpp.v8i2.44914

Abstract

Penelitian ini menganalisis secara yuridis kasus tindak pidana korupsi dalam pengelolaan anggaran bantuan pendidikan Program Kartu Indonesia Pintar Kuliah (KIP-K) oleh Pengurus Yayasan STKIP Al-Maksum Langkat. Studi dilakukan berdasarkan Putusan Nomor 81/Pid.Sus-TPK/2024/PN Mdn. Penelitian ini bertujuan untuk mengkaji aspek pemidanaan serta pertimbangan hakim terhadap pelaku yang terbukti melakukan tindak pidana korupsi secara berlanjut dan bersama-sama. Metode yang digunakan adalah yuridis normatif, dengan pendekatan perundang-undangan dan putusan pengadilan. Hasil penelitian menunjukkan bahwa unsur-unsur Pasal 3 jo Pasal 18 UU No. 31 Tahun 1999 jo UU No. 20 Tahun 2001 telah terpenuhi, termasuk unsur penyalahgunaan kewenangan dan kerugian keuangan negara, sehingga pemidanaan yang dijatuhkan dinilai telah sesuai dengan asas keadilan dan kepastian hukum.
Co-Authors Duha, Wiraswan El Husein, Rusmin Hidayani, Sri IRVANDI, IRVANDI Isnaini Isnaini Maswandi Maswandi, Maswandi Muazzul, Muazzul Nainggolan, Parlin Prayuda, Chandra Ramadhan, M. Citra Silaban, Robby Adeputra Siregar, Fitri Yanni Dewi Siregar, Lengkap Suherman Siregar, Taufik Wahono, Totok Catur Waruwu, Noman Tuboiman Yongsheng, Guan Zulyadi, Rizkan