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All Journal USU LAW JOURNAL Abdimas Talenta : Jurnal Pengabdian Kepada Masyarakat JURNAL EDUCATION AND DEVELOPMENT JOURNAL OF SCIENCE AND SOCIAL RESEARCH Unes Law Review JISIP: Jurnal Ilmu Sosial dan Pendidikan MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review Jurnal Al-Hikmah Buletin Konstitusi Law_Jurnal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Locus: Jurnal Konsep Ilmu Hukum Fiat Iustitia: Jurnal Hukum Locus Journal of Academic Literature Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Fiat Iustitia : Jurnal Hukum Indonesia Law Review (ILREV) Jurnal Pencerah Bangsa AL-SULTHANIYAH GRONDWET Journal of Constitutional Law and State Administrative Law Binamulia Hukum
Edy Ikhsan
Prgogram Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara
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Pelaksanaan Peraturan Pemerintah Nomor 48 Tahun 2008 Tentang Pendanaan Pendidikan Terkait Pungutan Sekolah Pada Sekolah Menengah Negeri Di Medan Jimmy Carter A.; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The legal basis for implementing levies is Article 51 PP Nmor 48 of 2008 number (5) letter c No 48 of 2008 concerning Education Funding which must follow the provisions stipulated in Article 52 of Government Regulation Number 48 of 2008 concerning Education Funding. Levies outside the provisions of legislation constitute illegal levies that have criminal sanctions depending on the case by case that occurs. The forms of levies in State High Schools in Medan are called School Fees or often called SPP in accordance with Government Regulation No. 48 of 2008. Some Medan Senior High Schools are still carrying out levies outside of school fees such as Research, School Sports Week, Christmas Money, Retreats, Study Tours , Qurban, Teacher's Day, Pool Money, LKS book money, Class Cash, Principal Cup, Farewell, etc. PP 48 of 2008 has not been fully implemented in the State High School in Medan. The implementation of PP 48 of 2008 is still experiencing problems, namely chaos that occurs during meetings / deliberations between Schools, School Committees, and other stakeholders.   Keywords : education funding, levies
Analisis Penerapan Peraturan Menteri Kelautan dan Perikanan RI No. 2/Permen-KP/2015 tentang Larangan Penggunaan Alat Penangkapan Ikan Pukat Hela (Trawls) dan Pukat Tarik (Seine Nets) di Wilayah Pengelolaan Perikanan Negara RI Sebagai Upaya Perlindungan Te Bayu Putra Samara; Syafruddin Kalo; Madiasa Ablisar; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Provisions regarding fishing gear for trawlers around the Indonesian Ministry of Maritime Affairs and Fisheries No. 2 / PERMEN-KP / 2015 concerning the Prohibition of the Use of Fishing Tools for Trawlers and Trawlers (Seine Nets) in the Areas Addressing the Fisheries of the Republic of Indonesia. The use of fishing gear issued is fishing gear for trawlers and trawlers. On September 10, 2016, at around 17:00 West Indonesia Time, there was a burning of KM. Star of the Sea and KM. Kurnia Jaya Welcome to the boat in Asahan Regency and Tanjung Balai City, which is carried out by traditional fishing communities that use nets. At the time of this repair, there was also a persecution by the community of securing a motor boat named KM. Star of the Sea and KM. Kurnia Jaya Selamat, who prevented the burning carried out by the fishing community. The reason for burning is done because the fishing gear that uses the trawl (Trawl) (Trawl Tiger) is not environmentally friendly and the habitat of fish roasted / damages the preservation of the marine environment. The results of the fishing community interviews with fishermen who use puput netting tools explain the causes of the boat ride and the persecution in Tanjung Balai - Asahan related to traditional fishing communities in Asahan Regency and Tanjung Balai City asking for help and support for the operation of motorboats / engines using trawlers " Trawl ”which can result in damage to coral reefs or marine biota habitat and the livelihoods of fishermen using traditional fishing gear. Because it can reduce fish income from the results of the entrepreneurs who use the trawl tool.   Keywords : trawls, seine nets, traditional fishermen
Pelaksanaan Pengawasan Dan Pengamatan Terhadap Pola Pembinaan Anak Oleh Hakim Pengawas Dan Pengamat Pengadilan Negeri Medan Kurniati Siregar; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. According to Article 277 of KUHAP, Supervisory Judge and Observer are assigned to help the Head of Court do supervision and observation on court’s verdicts on imprisonment. According to SEMA No. 7/1985 on Operational Manual of the Tasks of Supervisory Judge and Observer, the visit of a Judge to Penitentiary should be once in three months to examine the truth of the Minute of the Implementation of court’s verdict, to gather the prisoners’ data, to interview wardens and prisoners concerning treatment of prisoners. The result of the research in the Medan District Court and LPKA Medan showed that the implementation of supervision and observation done by supervisory judges and observers of the Medan District Court on prisoners in LPKA was not optimal. The judges only visited LPKA once in six months, the child prisoners who wanted to be interviews had already been prepared by LPKA management. Some obstacles were as follows: law does not regulate the tasks of judges, there was lack of supervisory judges and observers, judges were burdened by limited time and work load, there was double standard (dualism) in the institutional system in implementing supervision and observation, and there was lack of facility and infrastructure.   Keywords : supervisory judge, child, court.
Analisis Yuridis Tindak Pidana Perjudian Dalam Qanun Aceh No. 6 Tahun 2014 Tentang Jinayat Dengan KUHP Fahmi Jalil; Madiasa Ablisar; Edy Ikhsan; Mohammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Real implementation of Aceh Qanun No. 6 of 2014 concerning Jinayat Law which excludes the provisions of gambling contained in KUHP which can be seen in a number of decisions of the Sharia Court, including the Decision of the Kuala Simpang Sharia Court No. 38/JN/2015/MSy-Ksg dated February 4, 2015 M to coincide with the 25th Rabiul Akhir 1437 H which states guilty in accordance with Article 18 of Qanun Aceh No. 6 of 2014 concerning Jinayat Law.   Keywords: jinayat, maisir and gambling
Penjatuhan Pidana Terhadap Penyalahguna Narkotika Untuk Diri Sendiri (Studi Putusan Pengadilan Negeri Lubukpakam No. 1100/Pid.Sus/2016/PN.Lbp Dan Putusan Pengadilan Negeri Semarang No. 529/Pid.Sus/2016/PN.Smg) Bornok Simanjuntak; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The imposition of imprisonment for abusers or narcotics addicts becomes less optimal when the number of prison capacity or state detention centers becomes over capacity because the occupants are dominated by addicts and drug abusers.Keywords: narcotics abuse, prison and rehabilitation crimes
Hukuman Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Berdasarkan Ketentuan Undang-Undang Nomor 17 Tahun 2016 Jamaluddin Jamaluddin; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Sexual violence in children is a form of child abuse in which adults of teenagers abused a child for sexual stimulations. Almost all cases reveal that the perpetrator of sexual violence is the victim’s close relatives, such as biological parents, step parents, uncles, teachers, and neighbors. Based on the above problem, the problem of this thesis is as follows. How is the provision of criminal sanctions against the perpetrators of moral offenses according to Law No 17/2016. This case has encouraged the establishment of provisions based in the Law No. 17/2016. The regulations on castration penalty are stipulated in Article 81 paragraph (7) as referred to in paragraphs (4) and (5) stating that the perpetrator is sentenced with castration by chemicals accompanied with rehabilitations. Chemical castration is the injection of anti testosterone substance into males to reduce testosterone hormone, most of which is produced by lydig in testis. The provisions of a witness of chemical castration penalty are stipulated in the Law No. 1/2016 on the Second Amendment to the Law No. 23/2002 on Child Protection becoming the Law No. 35/2014. Article 81 paragraphs (1) until (8), 82, and 81A of the Law has an additional penalty for the perpetrator, one of which is the castration penalty to the perpetrator of sexual violence to undergo children.   Keywords : chemical castration penalty, sexual violence in children
Penal Policy to Children As Recidivists Reviewed From Law No. 35/2014 On Child Protection : A Study On Surakarta District Court Ruling No.02/Pid.Sus.Anak/2014/PN.Skt. Erwin Pangihutan Situmeang; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Penal system for children today still does not provide justice for them. It is grounded on the Penal Code, Law Number 11/2012 on Child Criminal Justice System (hereinforth is referred to as UU SPA), and Law Number 35/2014 on child protection which implementation is not yet maximum to secure children’s rights and future as either the perpetrators or victims.. The policy to children to prevent recidivists is made by 2 (two) ways; namely penal policy and non-penal policy. Penal policy is the policy made based on best legal formulation for children, either from the Law maker, law enforcer, or law abiding society. Non-penal policy that is more preventive to social effects and imprisonment, is the last effort for children as recidivists. The ruling Number 02/PID.Sus.Anak/2014/PN.Skt which punishes the child with the weighting for being a recidivist needs to be reviewed. UU SPA and Law on Child Protection need to revise the punishment for children to be more treating, not torturing. Punishment for children should be made based on double track system stating that imprisonment and treatment sanctions have to be balanced.   Keywords: judge’s ruling, children as recidivists, child protection
Peranan Polres Deli Serdang Dalam Pelaksanaan Diversi Untuk Anak Pelaku Tindak Pidana : Studi Keputusan Bupati Deli Serdang No. 2283 Tahun 2016 Tentang Tim Pelaksana Forum Diversi Dan Keadilan Restoratif Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Randy Anugrah Putranto; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of diversion in Deli Serdang Regency based on Law No. 11 of 2012 concerning the Child Criminal Justice System and Deli Serdang District Decree No. 2283 of 2016 concerning the Implementation Team of the Diversity and Restorative Justice Forum in Handling Children in Conflict with the Law in Deli Serdang Regency is an effort made to achieve the diversion goal optimally in the form of avoiding detention, avoiding labeling as a criminal, proposing interventions needed by victims or the perpetrators without going through a formal process and avoiding children from following the criminal justice process in order to avoid the negative influence and implications of the process. Keywords: children, criminal acts and diversity
GRANT SULTAN IN ROYAL DELI AT 1890-1942 Muhammad Nur; Suprayitno .; Edy Ikhsan
Jurnal Education and Development Vol 9 No 3 (2021): Vol.9.No.3.2021
Publisher : Institut Pendidikan Tapanuli Selatan

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Abstract

This research is entitled “Grant Sutan Di kerajaan Deli 1890-1942”. In the discussion, there are two main points in this problem, namely explaining the background of the policy and its implementation in the field. Previously, to see the changes that have occurred and the supporting factors that support the general picture of Gemeente Medan. From this investigation, it can be seen that the factors behind the existence of the colonial Sutan policy regarding burial land rights in Gemeente Medan were the development of the Gemeente Medan government, the management of infrastructure in Gemeente Medan, and the regulation and prevention of inter-ethnic conflicts. In the part that is the core of this research problem regarding the implementation of the colonial government policy regarding the Grant land in Gemeente Medan in 1890-1942. In this section the regulations regarding statutory regulations, the management body for the distribution of land for grants, and government regulations that apply to government policies regarding the distribution of grants. The formation of Gemeente Medan was based on a decree contained in Staatsblad 1909 No. 180, one of the contents is a matter of land arrangement. Arrangements are arranged based on grouping carried out based on existing groups. The policy in effect has a practical objective for the city government, namely to generate tax money and income for the financial treasury of Gemeente Medan. However, burial ground arrangements also have a purpose in urban and environmental planning. Apart from that, laws and regulations and policies for European groups, according to the government, have contributed greatly to the development of Gemeente Medan. In general, the regulations regarding the division of Grant's land in Gemeente Medan were divided into two, namely the land for the Earthutera and the Eroah people which was managed by the Gemeente government and the Sultanate. This management sometimes results in overlapping policies between the two governments. Gemeente government regulations regarding the agreement for all residents of the Gubernemen even though they live in the sultanate. Meanwhile, the sultanate had the authority to regulate burial land assistance under their jurisdiction, so that the Gemeente government did not have the authority to regulate the area of ​​the sultanate.
Analisis Akta Wasiat Atas Harta Bersama Yang Dilaksanakan Setelah Suami Meninggal Berdasarkan Putusan Pengadilan Agama No: 2304/Pdt.G/2017/PA Medan Putra Rizki Akbar; Sunarmi Sunarmi; T. Keizerina Devi Azwar; Edy Ikhsan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.147

Abstract

A letter of will has to be contained in the deed, in line with the provision stipulated in article 921 of the Civil Code which states that one shall list all the assets that were present at the time of the death of the donor or testator. When heir’s rights are violated, he is allowed to take legal efforts by claiming for his absolute or legal portion through a civil lawsuit to Religious Court, an example of which is the case in the Religious Court Ruling No.2304/Pdt.G/2017/PA Medan. The inherited assets disputed in this ruling belong to Drs. H. AUL and Hj. AHN. When they were still alive, Hj. AHN had drawn up two deeds regulating the provision and sharing of her assets. Due to these deeds, the siblings and nephews of H.AUL, the legitimate husband of Hj. AHN, did not receive any assets. The plaintiffs consider that Defendant I and Defendant II act as if they have full rights over the assets of AUL and AHN, in fact the plaintiff thinks that he is also rightful over the assets of AUL. Reconciliation between both parties has ever been attempted but it failed; thus, the plaintiffs finally file a civil lawsuit to the court. In their lawsuit, they state that they disagree to the action taken by AHN and want to claim for revocation of the deeds in order that they can receive some of the assets inherited by AUL and AHN. This is an analytical descriptive research that describes and analyzes data systematically to provide as conscientious da as possible about humans. The data collection technique employed in this research is combination of documentary study and field research. This research collected secondary data consisting of primary, secondary, and tertiary legal materials. The status of joint property is entitled due to death parting husband and wife as regulated in article 96 paragraph (1) of Islamic Law Compilation which states that half of joint property becomes the right of the other spouse (husband or wife) who lives longer. In this case, the wife has the right to make a will which object belongs to joint property after death of her husband, as long as there is not any violation to the requirements for validation and limitations made by the testator during the drawing up of the deeds. If the limitations are violated, according to Article 201 of Islamic Law Compilation, the will takes only 1/3 of the inheritance. The will drawn up by Defendant II as a Notary has surpassed maximum limit of 1/3 without the consent from Plaintiff I until IX and Defendant III until Defendant VIII as heirs, also, the will was drawn up when AHN was in the state of serious illness which was 1 month after her death. Therefore, the deeds can be revoked because they violated some prevailing regulations
Co-Authors Afnila Afnila Agusmidah Agusmidah Alvi Syahrin Alvi Syahrin Alvi Syahrir Apnes Perlindungan Zaro Hura Areza, Tri Sandi Muji Arie Kartika Bayu Putra Samara Bornok Simanjuntak Brunner, Emil BUDIMAN GINTING Chairul Bariah Denny Reynold Octavianus Dian Maya Sari Edi Warman Edi Yunara Ediwarman Ediwarman Ediwarman Ediwarman Ekaputra, Mohammad Elizabeth Nela Sari Elmas Dwi Ainsyiyah Elyna Simanjuntak Erwin Pangihutan Situmeang Eva Santa R Sitepu Eva Syahfitri Nasution, Eva Syahfitri Fahmi Jalil Fahri Rahmadhani Faisal Akbar Faisal Akbar Nasution Fajar Amanah Ariga Faomasi Laia Farah Diba Batubara Gita Cristin Debora Sihotang Hamidansyah Putra Putra Harris, Abd. Hasballah Thaib Hasim Purba Hasim Purba HASIM PURBA Hijrah Purnama Sari Ariga Idha Aprilyana Sembiring Indri Romauli Marbun, Luya Iwan Wahyu Pujiarto Jamaluddin Jamaluddin Jamil, Rafiqoh Putriana Jelly Leviza Jimmy Carter A. Jusmadi Sikumbang Kaban, Maria Keke Wismana Purba Khairul Anwar Hasibuan Kondios Meidarlin Pasaribu Kurniati Siregar M. Ichsan Rouyas Sitorus Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Mangasitua Simanjuntak Marlina Marlina Marlina, Marlina Mazmur Septian Rumapea Miki Yanti P. Mirza Nasution Mirza Nasution Misalina Br. Bukit Mohammad Eka Putra Muhammad Akbar Siregar Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Ihsan Muhammad Nur Muhammad Yamin Lubis, Muhammad Yamin Munthe, Arfansyah Nasrun Pasaribu Nasution, Junisyah Nasution, Mirza NINGRUM NATASYA SIRAIT Nurbaiti Pendastaren Tarigan Pinem, Faisal Hadi Pohan, Desi Permatasari Purba, Asrot Putra Rizki Akbar Putri Ramadhona Rambe Ramadani Ramadani Ramli Tambunan Randy Anugrah Putranto Renhard Harve Reni Asmara Ariga Ridha Fahmi Ananda Rina Melati Sitompul Rinaldi Rinaldi Rosmalinda Rosnidar Sembiring Rudy Rudy Runtung Runtung Saddam Hussein Saddam Yafizham Lubis Saidin Saidin Santi Silaban, Susi Sari Kartika Sembiring Selviani Ariga Siagian, Putri Rumondang Sibarani, Fauzi Anshari Silitonga, Glotty Christina Sinulingga, Indra Kurnia Sisera, Perida Apriani Sri Budi Astuti Sugeharto Imam Wibowo Suhaidi Suhaidi Sunarmi, Sunarmi Suprayitno Suprayitno Sutiarnoto Sutiarnoto Syafruddin Kalo Syaiful Asmi Hasibuan, Syaiful Asmi Syarifah Lisa Andriati T. Keizerina Devi Azwar T.Keizerina Devi Azwar Tan Kamello Tan Kamello Tri Sandi Muji Areza Utary Maharani Barus Utary Maharani Barus Utary Maharany Barus Wahyudi Chandra Wessy Trisna Yasmin Faris Bashel Yati Sharfina Desiandri Yosef Warmanto Panggabean Yowa Abardani Lauta Yulinda Regina C. Lumban Gaol Yusuf Hanafi Pasaribu Zahra, Dania Zai, Fransiskus Rahmad