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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.