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All Journal Masalah-Masalah Hukum PAX HUMANA Journal of Education, Humaniora and Social Sciences (JEHSS) MIZAN, Jurnal Ilmu Hukum PERSPEKTIF JIIP (Jurnal Ilmiah Ilmu Pendidikan) JURNAL ILMIAH SIMANTEK NOMOI Law Review Jurnal Kewarganegaraan Visi Sosial Humaniora Nommensen Journal of Legal Opinion Jurnal Hukum PATIK Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah Jurnal Media Informatika Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Pengabdian Masyarakat Bestari (JPMB) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Legal and Cultural Analytics (JLCA) Golden Ratio of Data in Summary JUDGE: Jurnal Hukum Innovative: Journal Of Social Science Research Advokasi Hukum & Demokrasi Indonesian Journal of Law and Justice Causa: Jurnal Hukum dan Kewarganegaraan Kanun: Jurnal Ilmu Hukum GRONDWET Journal of Constitutional Law and State Administrative Law Journal of Health Education Law Information and Humanities
Budiman N.P.D Sinaga
Universitas HKBP Nommensen Medan, Indonesia
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Penegakan Asas Legalitas Terhadap Living Law Sebagai Dasar Hukum dalam Positivisme Pemindahan Hukum Adat Juita Sari Manalu; Budiman Sinaga
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.77

Abstract

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.
Review of The Constitutional Court’s Decision In The Dispute Over PHPU DPD 2024 (Perspective of Wrongful Acts In Civil Law) Iren Tina br Ginting; Budiman N.P.D. Sinaga
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.78

Abstract

This paper aims to examine the extent of the contribution of the Constitutional Court's decision Number 03-03/PHPU.DPD-XXII/2024 related to the dispute over the PHPU of DPD Members 2024 in relation to strengthening constitutional legitimacy in a country that adheres to a democratic system. The decision of the Constitutional Court Number 03-03/PHPU.DPD- XXII/2024 gives great meaning to the protection and advancement of the constitutional democratic system. The Constitutional Court plays an important role in maintaining and overseeing the course of the constitution, this can be seen from the full authority given to this institution to adjudicate at the first and final levels with final and binding decisions. This paper also analyzes the role of the PTUN as the highest judicial institution where in this decision the PTUN's decision was ignored, which caused the PTUN's position to be questioned due to deviations from the law that occurred. In this analysis, the decision of the Constitutional Court ends various political conflicts including closing all the dynamics of political interpretation of law in society
Analysis of Bawaslu's Authority as a Supervisory Institution in Resolving Election Disputes Manihuruk, Teresa Akgriana Putri; Sinaga, Budiman
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.852

Abstract

In enforcing Pilkada violations, the Election Supervisory Agency (Bawaslu) has the authority to supervise and resolve disputes over the electoral and regional election processes. This has been stated in the legislation that Bawaslu is authorized to deal with structured, systematic, and mass administrative violations in the application of law in Indonesia. In its settlement in the Constitutional Court also holds ownership of this authority with regard to disputes over election results that should be able to achieve legal certainty. In Law Number. 7 of 2017 concerning General Election Regulations, Bawaslu's role in monitoring and eradicating money politics is not ideal because it has obstacles that prevent and punish money politics in regional head elections. Bawaslu needs to continue to develop its human resources. The purpose of Bawaslu's establishment is to increase effectiveness as an election supervisory body and supervise the recruitment budget to create honest, fair and election results.
Efforts to Prevent Double Voter Data on Election Fairness Sitanggang, Putri Adila; Sinaga, Budiman
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.856

Abstract

In a democratic system, regional head elections (Pilkada) are essential pillars of electing leaders and representatives of the people. However, inaccurate voter data in the integrity of elections often causes problems in implementing elections, including double data. Double data not only undermines the principle of fairness but can potentially reduce public trust in democracy. Therefore, election monitoring is essential to maintain the fairness and openness of the voting process. People's constitutional rights are affected by this issue, as they need assistance to report changes in voter data or match unregistered data. According to the election monitoring results, almost all communities in Medan have conducted matching and research (cockpit) properly. However, the issue of double data is still a problem that Bawaslu must monitor again. The author collects information about the 2024 Pilkada from the Election Supervisory Board of Medan City. There is still double data in the community. This research aims to determine how well the cockpit works to avoid double data and how it affects voting and fairness. This research shows that most citizens of Medan City have followed the procedures when conducting cockpit, thus reducing the possibility of double data. Transparency, public trust, and community engagement in the elections also increased. In addition, this monitoring activity also provides suggestions for improving the double data prevention system, including increasing cooperation between election organizers and independent monitors, expanding cockpit socialization to the community, and using artificial intelligence-based technology for automatic detection. Such measures ensure integrity, fairness, and transparency in elections.
Fulfillment of Political Rights of Persons with Disabilities in the 2024 Elections in Indonesia Eliyanti, Roulita; Sinaga, Budiman
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.857

Abstract

In a democratic system, regional head elections (Pilkada) are one of the important pillars to elect leaders and representatives of the people. However, inaccurate voter data in the integrity of elections often causes problems in the implementation of elections including double data. Double data not only undermines the principle of fairness but also has the potential to reduce public trust in democracy. Therefore, election monitoring is essential to maintain the fairness and openness of the voting process. People's constitutional rights are affected by this issue, as they need assistance to report changes in voter data or match unregistered data. Almost all communities in Medan have conducted matching and research (coklit) properly, according to the election monitoring results. However, the issue of double data is still a problem that must be monitored again by Bawaslu. The author collects information about the 2024 Pilkada from the Election Supervisory Board of Medan City. That there are still many double data that occur in the community. The purpose of this research is to find out how well the coklit works to avoid double data and how it affects voting and fairness. This research shows that most citizens of Medan City have followed the procedures when conducting coklit, thus reducing the possibility of double data. Transparency, public trust, and community engagement in the elections also increased as a result. In addition, this monitoring activity also provides suggestions for improving the double data prevention system, including increasing cooperation between election organizers and independent monitors, expanding coklit socialization to the community, and using artificial intelligence-based technology for automatic detection. Such measures are essential to ensure integrity, fairness and transparency in elections.
Analysis of Bawaslu's Responsibility in Violations of the Neutrality of the State Civil Apparatus that Result in Losses to Voters in the 2024 Election Marbun, Enjelika; Sinaga, Budiman
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.879

Abstract

The 2024 elections in Indonesia face various challenges, including violations of election neutrality committed by the State Civil Apparatus (ASN). This violation not only damages the integrity of the election but also has the potential to cause harm to voters. This study aims to analyze Bawaslu's obligations related to these violations and the impact on voters who feel disadvantaged. The research method used is normative juridical analysis with data analysis obtained from relevant legal regulations, official documents, and previous studies. The results showed that violations of ASN neutrality significantly impacted people's voting rights, and many voters felt pressured or disadvantaged by these actions. The research also identified that Bawaslu is legally responsible for addressing these violations and compensating the aggrieved parties. The implications of these findings point to the importance of implementing strict sanctions for violators to ensure fairness in the electoral process and the protection of voters' rights. In conclusion, there is a need to strengthen regulations and education for ASNs to prevent the recurrence of violations in the future.
Civil Liability for the Use of Personal Data by Political Parties in Election Testimony Verification Sipakkar, Rika Yanti; Sinaga, Budiman N.P.D
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.945

Abstract

In a democratic system, regional head elections Pilkada are one of the important pillars to elect leaders and representatives of the people. However, inaccurate voter data in the integrity of elections often causes problems in the implementation of elections including double data. Double data not only undermines the principle of fairness but also has the potential to reduce public trust in democracy. Therefore, election monitoring is essential to maintain the fairness and openness of the voting process. People's constitutional rights are affected by this issue, as they need assistance to report changes in voter data or match unregistered data. Almost all communities in Medan have conducted matching and research coklit properly, according to the election monitoring results. However, the issue of double data is still a problem that must be monitored again by Bawaslu. The author collects information about the 2024 Pilkada from the Election Supervisory Board of Medan City. That there are still many double data that occur in the community. The purpose of this research is to find out how well the coklit works to avoid double data and how it affects voting and fairness. This research shows that most citizens of Medan City have followed the procedures when conducting coklit, thus reducing the possibility of double data. Transparency, public trust, and community engagement in the elections also increased as a result. In addition, this monitoring activity also provides suggestions for improving the double data prevention system, including increasing cooperation between election organizers and independent monitors, expanding coklit socialization to the community, and using artificial intelligence-based technology for automatic detection. Such measures are essential to ensure integrity, fairness and transparency in elections.
Legal Protection for Consumers Who Suffer Losses Due to Damage to Electronic Goods by Land Expeditions Bethsaidah Putri Sitorus; Budiman.N.P.D Sinaga; Sovia Febrina Tamaulina Simamora
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13797

Abstract

The legal responsibility of land shipping companies, such as Jalur Nugraha Ekakurir Limited Company, Citra Van Titipan Kilat Limited Company, and Indonesian Post Limited Company, for damage to electronic goods owned by consumers as well as the legal protection available to consumers who suffer losses are the main focus of this study. With the increase in e-commerce transactions, the role of expedition companies is increasingly important in ensuring the safety and integrity of the goods sent. Using a normative legal approach, this study analyzes the applicable norms and regulations, and identifies consumer rights based on Law Number 8 of 1999 on Consumer Protection. The results of the analysis show that expedition companies have an obligation to provide compensation for damages incurred during the delivery process, unless they can prove that the loss was caused by factors beyond their control. In addition, consumers have the right to resolve disputes through non-litigation and litigation channels. The resulting recommendations emphasize the need for increased awareness of expedition companies regarding their legal responsibilities and education for consumers about their rights in e-commerce transactions.
Efektivitas Perlindungan Hukum Terhadap Saksi Pelapor dalam Menanganani Pelanggaran Pemilu Cantika, Trielvani Margaretha; Sinaga, Budiman
Innovative: Journal Of Social Science Research Vol. 5 No. 2 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i2.18182

Abstract

The government is responsible for providing legal protection as part of the service to ensure that every citizen feels safe. In order to guarantee legal certainty in reporting election violations, the government needs to provide legal protection. This is in line with Article 1 Paragraph 2 of the 1945 Constitution of the Republic of Indonesia which states that sovereignty lies in the hands of the people, so that their constitutional rights must be respected and upheld by the state. The implementation of elections is often accompanied by various forms of violations. To overcome this problem, Law No. 13 of 2006 concerning Protection of Witnesses and Victims was issued. As a further step, the government established the Witness and Victim Protection Agency (LPSK) to provide protection and assistance to witnesses and victims. In cases of election crimes, LPSK plays a role in protecting witnesses, where witnesses can apply for protection in accordance with applicable procedures. LPSK is responsible for ensuring protection that includes the rights and obligations of witnesses in the process of resolving violations. This protection is provided through two approaches, namely a combination of the procedural rights model and the service model.
ANALISIS KINERJA BAPEMPERDA DALAM PEMBUATAN PERATURAN DAERAH DI DPRD DELI SERDANG Siburian, Manuel Martin; Sinaga, Budiman NPD
Jurnal Media Informatika Vol. 6 No. 2 (2025): Jurnal Media Informatika
Publisher : Lembaga Dongan Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55338/jumin.v6i2.5145

Abstract

Analisis kinerja anggota Bapemperda Deli Serdang dalam pembentukan peraturan daerah di DPRD Deli Serdang menunjukkan hasil yang baik dalam ditinjau dari beberapa aspek, yaitu kecepatan, ketepatan, kejelasan, tindak lanjut, daya tanggap, produktivitas, ketepatan waktu, disiplin kerja, dan kewenangan. Anggota Bapemperda menunjukkan respons yang cepat terhadap rancangan peraturan daerah (ranperda). Ketepatan waktu pelaksanaan juga sesuai dengan jadwal dan tugas pokok dan fungsi (tupoksi) yang ditetapkan. Dalam melaksanakan tugas dan tanggung jawab, Bapemperda berhasil merespons semua ranperda tanpa ada yang diabaikan.Tindak lanjut terhadap keluhan masyarakat yang berhubungan dengan peraturan daerah juga dikelola dengan baik. Ketepatan waktu dalam pembentukan perda sesuai dengan undang-undang yang berlaku, dan semua perda yang dihasilkan telah melalui proses harmonisasi dan rapat yang sesuai waktu. Disiplin kerja di Bapemperda sudah sangat baik, dengan kehadiran anggota yang jelas dan tidak ada hambatan dalam pelaksanaan tugas. Kewenangan atau Akuntabilitas Bapemperda juga terjaga dengan baik dalam membuat peraturan daerah dan tidak ada yang tertutup, di mana semua tindakan dapat jelas pertanggungjawabannya kepada masyarakat, dengan fokus utama pada kebutuhan masyarakat, bukan kepada publik dalam membuat perda, Oleh karena itu,  peraturan daerah yang dihasilkan oleh Bapemperda dan seluruh anggota DPRD dapat dikategorikan sebagai perda yang baik.
Co-Authors Adirman Budi Nduru Bahtiar Girsang Baru Tulus Obtain Siambaton Batee, Lasmin Bethsaidah Putri Sitorus Cantika, Trielvani Margaretha Dimpos Manalu Eliyanti, Roulita Elya July Ananta Sihombing Ewin Simbolon Formansyah Gea Fransiskus takdir dachi Habeahan, Besty Hisar Siregar Hutabarat, Bonita Minarti E. Iren Tina br Ginting Janpatar Simamora Januari Sihotang Jherry Napitupulu Johnson Pasaribu Juita Sari Manalu Kasman Siburian Kasman Siburian LAIA, NELI ROSMARIYANA Lintong S. Situmorang Manalu, Iren Betti Manihuruk, Teresa Akgriana Putri Manullang, Elika Marbun, Enjelika Marlan Hutahaean Marthin Simangungsong MONALISA, VERONICA Panjaitan, Deby Natasya Pasaribu, Jhonson Pasaribu, Kondios M Pasaribu, Kondios M D Pasrah Kasih Sejati Hulu Raymando, Samuel Reine Sinaga Rina Fisensia Simamora Sahat H. M. T. Sinaga Samuel Raja A.S Manurung Samueli Daeli Sianturi, Widia Kartika Sari Sibarani, Asiroht Can Sauli Sibarani Can Sauli Siburian, Kasman Siburian, Manuel Martin Sidauruk, Jinner Sihombing, Lexmana SILABAN, CHARLES ROMUAL Simamora, Rina Fisensia Simbolon, Martina Sipakkar, Rika Yanti Sitanggang, Putri Adila Sitepu, Desy Febrina Sovia Febrina Tamaulina Simamora threesy agustina Yanti J. Nababan Yolivia, Yolivia Gracia Lubis