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All Journal SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Darma Agung Buletin Konstitusi INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Jurnal Kolaboratif Sains EduYustisia Jurnal Edukasi Hukum Indonesian Journal Education Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) International Asia Of Law and Money Laundering (IAML) JURNAL RETENTUM
Tengku Erwinsyahbana
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Protection of Children in Conflict with the Law in the Prosecution Process by the Public Prosecutor Ramadhani, Rizky Chairunisya; Tarmizi, Tarmizi; Erwinsyahbana, Tengku
Indonesian Journal Education Vol. 4 No. 3 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i3.1306

Abstract

The handling of children in conflict with the law requires a special approach prioritizing their best interests and future. This study analyzes the legal protection provided to children during the prosecution process by the Public Prosecutor at the Belawan District Attorney’s Office and identifies obstacles in implementation. Using an empirical juridical method with a qualitative approach through field interviews and document analysis, the study reveals that the protection of children’s rights has not been fully implemented according to the restorative justice principles mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System. Challenges include the limited number of trained child prosecutors and the inconsistent application of the ultimum remedium principle. The findings highlight the gap between normative legal frameworks and practical realities, emphasizing the need to strengthen prosecutor capacity and adopt holistic approaches combining legal, psychological, and social dimensions.
Implikasi Akta Perjanjian Pranikah dalam Upaya Perlindungan Suami Istri guna Kepentingan Pembagian Harta Bersama akibat Perceraian Risky Risky; Isnina Isnina; Tengku Erwinsyahbana
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6919

Abstract

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  
DISTRIBUTION OF JOINT PROPERTY DUE TO ANNULMENT OF MARRIAGE DUE TO ONE OF THE SPOUSES CHANGING RELIGION Putri, Devira Felisa; Erwinsyahbana, Tengku
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1288

Abstract

Religious conversion carried out by one of the couples in marriage has various legal consequences, especially in marriages that take place under Islamic law. One of the legal consequences that can arise is the annulment of marriage (fasakh) by the Religious Court because the legal requirements for marriage according to religious law are not met. The annulment of the marriage not only has an impact on the legal status of the husband and wife, but also has implications for the division of joint property obtained during the marriage bond. This study aims to analyze the legal consequences of marriage annulment because one of the couples changes religion and the mechanism of sharing joint property after the annulment of the marriage. The research method used is normative legal research with a regulatory approach and a conceptual approach. Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law. Thus, even if the marriage is declared null and void, the civil rights of the parties still receive legal protection.
Analysis of Fraud in Cybercrime Perspective Erwinsyahbana, Tengku; Rambey, Guntur
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 4 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i4.149

Abstract

The development of digital technology has transformed the landscape of conventional fraud crimes into more complex and sophisticated cybercrime crimes. This study analyzes the characteristics, modus operandi, legal arrangements, and obstacles to law enforcement against fraud in the perspective of cybercrime in Indonesia. Using a normative juridical approach, this study examines primary and secondary legal materials relevant to digital technology-based fraud crimes. The results showed that cyber fraud has distinctive characteristics such as the nature without geographical boundaries, the anonymity of the perpetrators, and the use of information technology as the main means of crime. The growing Modus operandi includes phishing, social engineering, electronic transaction fraud, digital identity theft, to cryptocurrency investment fraud. Regulation of Indonesian criminal law through Article 378 of the Criminal Code and Law No. 19 of 2016 on information and electronic transactions has provided a juridical foundation, but there is still a gap between the dynamics of technology and regulatory readiness. The main obstacles faced include the limited competence of the apparatus in digital forensics, the lack of valid electronic evidence, and the complexity of handling cross-jurisdictional cases. Optimizing handling requires increasing the capacity of law enforcement officers, harmonizing regulations, strengthening international cooperation, and improving digital literacy in a comprehensive and sustainable manner.
Co-Authors Adi Mansar Aldi, Muhammad Syukriza Guntur Rambey Hasyim, Rhizka Annisa Isnina Isnina MUhammad Yusrizal Putri, Devira Felisa Ramadhani, Rizky Chairunisya Ramlan Ramlan Ramlan Risky Risky Sintia, Imelia Siti Hajar Tarmizi Tarmizi Triono Eddy Yazir, Isti Risa Sunia