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PERSPECTIVE ON THE STUDY OF THE PROTECTION AND EDUCATION OF MUMAYYIZ CHILDREN IN MARRIAGE ISSUE Nurhimmi Falahiyati; Jelly Leviza
Jurnal Scientia Vol. 12 No. 04 (2023): Education, Sosial science and Planning technique, 2023, Edition September-Nov
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/scientia.v12i04.3052

Abstract

The marriage law actually regulates all goodness for married couples who are legally bound according to their respective religions and beliefs according to this law with the hope of prosperity and happiness in the marriage. Marriages that break up due to divorce often result in children who don't know anything, who end up becoming victims and not getting the protection they deserve. With so many cases of divorce at a young age of marriage, there are many children who are victims of divorce who still really need protection from their parents. The aim of this research is to find out the legal arrangements regarding child protection in Indonesia, the position of children who have not yet mumayyiz due to the breakdown of marriage and legal protection for children who have not mumayyiz due to the breakdown of marriage (analysis of Decision Number 0678/Pdt.G/2014/PA.Bkn). Based on the research results, it can be concluded that legal regulations regarding child protection in Indonesia are regulated in various applicable laws and regulations, including the 1945 Constitution, Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2003 concerning Protection. Children in conjunction with Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2003 concerning Child Protection. The position of children who are not yet mumayyiz due to the breakdown of the marriage.
Juridical Review of Replacement Certificates of Land Rights Due to Loss at the Medan City Land Office Hutagalung, Yuni Mifta Afida; Falahiyati, Nurhimmi; Ahmad, Akiruddin
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.851

Abstract

An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir.
Perlindungan Hukum Tentang Tenaga Kerja Wanita Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Jo. Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Rizka Kartika; Nurhimmi Falahiyati; Zuhri Arif
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 6 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i6.2643

Abstract

Pelnellitian ini belrtuljulan ulntulk 1) melngeltahuli pelrlindulngan telrhadap telnaga kelrja wanita di KFC Adam Malik Meldan, 2)  melngeltahuli pellaksanaan pelrlindulngan hulkulm telrhadap telnaga kelrja wanita melnulrult ULndang-ulndang Nomor 13 Tahuln 2003 telntang keltelnagakelrjaan KFC Adam Malik Meldan, 3) melngeltahuli kelndala yang hadapi olelh pelmelrintah di dalam pelrlindulngan hulkulm telnaga kelrja wanita dan solulsinya belrdasarkan ulndang-ulndang Nomor Tahuln 2023. Jelnis pelnellitian ini adalah yulridis elmpiris. Pelndelkatan yang digulnakan  pelndelkatan pelrulndang-ulndangan (Statultel Aprroach), pelndelkatan kasuls (Casel Approach), pelndelkatan Konselptulal (Concelptulal Approach). Bahan hulkulm yang digulnakan telrdiri dari tiga jelnis, yaitul bahan hulkulm primelr, selkulndelr, dan telrsielr. Telknik pelngulmpullan data yang digulnakan adalah obselrvasi, wawancara, dan dokulmelntasi. Telknik analisis data yang digulnakan analisis delskriptif. Belrdasarkan hasil pelnellitian yang dilakulkan telrhadap pelrlindulngan hulkulm telrhadap pelkelrja pelrelmpulan di KFC Adam Malik  dapat disimpullkan bahwa pelnellitian ini melnulnjulkkan bahwa KFC Adam Malik tellah belrulpaya ulntulk melmbelrikan pelrlindulngan kelpada pelkelrja pelrelmpulan dalam melmatulhi selbagian belsar keltelntulan yang diatulr dalam ULndang-ULndang Keltelnagakelrjaan telrkait pelrlindulngan hak pelkelrja pelrelmpulan. Namuln, masih telrdapat belbelrapa aspelk yang bellulm selpelnulhnya ditelrapkan delngan baik di lapangan
Analisis Hukum Dispensasi Perkawinan Anak di Bawah Umur (Studi Pengadilan Agama Medan) Hamid, Abdul; Ahmad, Akiruddin; 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.v12i2.16117

Abstract

Legal Analysis of Marriage Dispensation for Minors (Medan Religious Court Study). This study aims to determine the legal provisions regarding Marriage Dispensation for Minors based on PERMA Number 5 of 2019 and other related regulations; to determine the considerations of Medan Religious Court judges regarding the granting of Marriage Dispensation for those who are granted and those who are rejected; and to determine the legal protection for minors who are applying for marriage dispensation. The research method employed in this study is qualitative, utilizing a normative legal approach. The research approaches used are the statute approach and the case approach. The results of the study indicate that the implementation of Perma Number 5 of 2019 prioritizes the best interests of children, specifically in relation to health risks to women's reproductive health. The decision to grant marriage dispensation must include a comprehensive evaluation of the child's physical health and educational readiness, as well as the long-term impacts that may arise from early marriage; and legal protection for minors who apply for marriage dispensation as reviewed from Law Number 16 of 2019 concerning marriage, does not reflect legal protection for the community, due to the low age limit stipulated in the Law.
Analisis Yuridis Terhadap Eksekusi Putusan Kewajiban Pemberian Nafkah Anak di Bawah Umur Akibat Perceraian Orang Tua (Studi Pengadilan Agama Medan) Marilin, Eka Irwan; Ahmad, Akiruddin; 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.v12i2.16145

Abstract

Living together is an essential characteristic of human existence, including within the family context. However, divorce often raises issues related to the fulfillment of children's rights, particularly child support. This study aims to: 1) analyze the legal provisions regarding the execution of child support decisions for minors as a consequence of divorce; 2) examine the mechanism for implementing child support decisions in religious court practice; and 3) identify the obstacles faced by Religious Courts and their implications for the protection of children's rights. The study used a case study approach with qualitative descriptive methods. Data were obtained through interviews and observations with authorities at the Medan Religious Court, including judges, court clerks, junior law clerks, and bailiffs. The results indicate that obstacles to the execution of child support decisions are influenced by internal and external factors. Internal factors include the judge's limited authority to compel the losing party and the formalistic and time-consuming execution procedures. External factors include low legal awareness, weak economic conditions, bad faith on the part of the party owing child support, and limited supervisory facilities. These obstacles impact the effectiveness of post-divorce child rights protection.
Analisis Yuridis Perlindungan Konsumen Dalam Produk Halal Berdasarkan UU No 33 Tahun 2014 Tentang Jaminan Produk Halal (Studi Pada Lembaga Pembela Konsumen Negeri) Lubis, Andi Nursin; Ahmad, Akiruddin; 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.v12i2.16239

Abstract

This research focuses on a legal analysis of consumer protection in halal products based on Law No. 33 of 2014 concerning Halal Product Assurance (UU JPH), with the study locus at the State Consumer Defense Institute (LPKN). The problems studied cover three main aspects, namely: legal regulations regarding halal product assurance in Indonesia, normative weaknesses still inherent in the JPH Law, and obstacles faced by LPKN in protecting consumers in dispute resolution. The research methodology uses a normative and empirical legal approach supported by a statute approach and literature study. Data sources consist of primary legal materials in the form of laws and regulations, secondary legal materials in the form of literature and scientific works, and tertiary legal materials functioning as supporting analysis. The analysis technique is carried out qualitatively with grammatical, systematic, and historical interpretations, resulting in the construction of comprehensive legal arguments. The research findings indicate that the JPH Law stipulates the obligation of halal certification for all products circulating in Indonesia, with the technical implementation function being held by the Halal Product Assurance Organizing Agency (BPJPH) and the authority to issue fatwas being delegated to the Indonesian Ulema Council (MUI). The results of this study emphasize the importance of strengthening a more transparent halal product assurance system, decentralizing authority in the certification process, and increasing the capacity of consumer protection agencies. Public education regarding the significance of halal certification also needs to be promoted to strengthen Muslim consumer protection and ensure legal certainty in trade practices.
Analisis Hukum Terhadap Putusan Pengadilan Mengenai Gugatan Ditolak karena Itikad Tidak Baik dalam Mediasi Kameria, Cica; Ahmad, Akiruddin; 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.v12i2.16244

Abstract

The background to this research is a court ruling rejecting a lawsuit because the plaintiff failed to demonstrate good faith during the mediation process, even though, in principle, everyone has the right to file a lawsuit. The purpose of this research is to determine the legal basis for the court's decision to reject the lawsuit due to a lack of good faith during the mediation process and to analyze its legal implications for the parties. The research method used is normative legal research with a statute approach and a conceptual approach. The research data sources were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively. The results indicate that the legal basis for rejecting the lawsuit due to a lack of good faith during the mediation process refers to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This ruling has legal implications, namely, that the lawsuit is declared inadmissible (niet ontvankelijk verklaard), resulting in the plaintiff having to file a new lawsuit, obligated to diligently follow the mediation process.z
Analisis Hukum Penanganan Kasus Pidana dengan Pelaku oleh Kepolisian dengan Pendekatan Restorative Justice (Studi di Polsek Medan Baru) Harahap, M. Yarhamuddin; Ahmad, Akiruddin; 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.v12i2.16245

Abstract

The juvenile criminal justice system in Indonesia, as regulated by Law Number 11 of 2012 on the Juvenile Criminal Justice System, Supreme Court Regulation Number 4 of 2014, and Police Regulation Number 8 of 2021, emphasizes the application of a restorative justice approach as an alternative to resolving cases involving children. This study employs an empirical juridical research method with normative and sociological approaches. Data were collected through literature review and interviews with police officers at the Medan Baru Police Sector. The research examines: (1) the legal framework governing restorative justice in Indonesian criminal law; (2) its implementation by investigators toward juvenile offenders at the Medan Baru Police Sector; and (3) the factors hindering its implementation. The findings indicate that restorative justice has a strong normative legal foundation. Its implementation at the Medan Baru Police Sector is carried out through diversion by prioritizing the best interests of the child and facilitating mediation between the offender, the victim, their families, and related parties. However, several obstacles remain, including limited resources, lack of public understanding, and technical constraints in the mediation process. Therefore, enhanced socialization, improved facilities, and active community participation are necessary to optimize the implementation of restorative justice in ensuring legal protection for children.
Analisis Hukum Pelanggaran Lalu Lintas oleh Pelajar dan Upaya Penanggulangannya di Wilayah Hukum Polres Langkat Efendi, Efendi; Ahmad, Akiruddin; Akmal, Akmal; Simanjorang, Marulita
Journal of Law & Policy Review Vol 3, No 2 (2025): Journal of Law & Policy Review, December 2025
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v3i2.1070

Abstract

This study aims to analyze the factors contributing to traffic violations among junior high school students and to examine the countermeasures implemented by the Langkat Police. The research employs a normative-empirical legal approach, combining analysis of statutory regulations with empirical field data. The findings reveal that various factors, including low legal awareness, negligence, lack of knowledge of regulations, and family and social environments, influence traffic violations among students. The most common violations include not wearing helmets, not possessing a valid driving license, and incomplete vehicle documentation. The countermeasures undertaken by the Police include pre-emptive, preventive, and repressive approaches. These efforts have helped reduce the number of violations; however, their effectiveness largely depends on the synergy among law enforcement agencies, families, and educational institutions. Therefore, a collaborative and sustainable approach is required to enhance legal awareness and establish a culture of traffic discipline among students.
Analisis Yuridis terhadap Tindakan Bullying di Lingkungan Sekolah Ditinjau dari Undang-Undang 35 Tahun 2014 Tentang Perlindungan Anak Studi pada MIS Bina Bangsa Ahmilla Kusfadia; Akiruddin Ahmad; Zuhri Arif
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8495

Abstract

This study aims to analyze bullying in the school environment as a violation of children's rights based on Law Number 35 of 2014 concerning Child Protection and to examine the forms of legal protection provided by schools to victims of bullying at MIS Bina Bangsa. This research is empirical legal research using a juridical-empirical approach, which examines the implementation of legal norms in real conditions. Data were collected through interviews, observations, and documentation studies, and analyzed qualitatively. The results show that bullying at MIS Bina Bangsa occurs in verbal, physical, cyberbullying, and psychological forms, which constitute violations of Article 59, Article 76C, and Article 76D of Law Number 35 of 2014. Legal protection efforts implemented by the school include teacher supervision, character education, anti-bullying socialization, and coordination with parents. However, these efforts have not been optimally implemented due to the absence of standardized operating procedures (SOPs) for handling bullying cases. Practically, this study implies the need for schools to formulate clear anti-bullying SOPs, strengthen teachers’ capacity in identifying and handling bullying cases, enhance collaboration with parents, and integrate child protection principles into school policies. These findings are expected to contribute to strengthening child protection mechanisms in primary educational institutions.