Articles
Kebijakan Hukum Terhadap Pelaku Tindak Pidana Pencucian Uang
Lestari Aprilia;
Taufik Siregar;
Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 1 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (968.376 KB)
|
DOI: 10.34007/jehss.v5i1.1291
The purpose of this study is to analyze legal arrangements, legal policies and countermeasures to prevent the occurrence of money laundering crimes according to Indonesian law, against money laundering criminals (Study Decision No. 630/Pid.Sus/2019/PN. Mdn). The nature of this research is analytical descriptive, by thoroughly and systematically describing legal policies against money laundering criminals using normative legal research. Law Number 8 of 2010, is a legal arrangement for the crime of money laundering, in Articles 3 and 4 it is an active money laundering crime, while in Article 5 it is passive. Legal policy against perpetrators of money laundering crimes where perpetrators must be held accountable for their actions. The panel of judges sentenced the Defendant to imprisonment for 5 (five) years and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine was not paid, it was replaced with imprisonment for 3 (three) months. In order to prevent and eradicate money laundering, including various criminal acts that produce illegal assets, a Financial Transaction Reports and Analysis Center (PPATK) has been established whose main task is to assist law enforcement in preventing and eradicating money laundering and serious crimes. others by providing intelligent information.
Penegakan Hukum Tindak Pidana Pencurian Dengan Kekerasan di Wilayah Hukum Polsek Pangkalan Berandan
Dediyansyah Putra Ginting;
Taufik Siregar;
Wessy Trisna
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 3 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1113.098 KB)
|
DOI: 10.34007/jehss.v4i3.940
The purpose of this study is to find out and analyze law enforcement and the obstacles that occur in the criminal act of theft with violence in positive law in the Pangkalan Berandan Police Legal Area. The research method used is normative law and empirical law (combined). The results of the study found that the crime of theft with violence in positive law. Law enforcement against the crime of theft with violence The Pangkalan Brandan Sector Police submit cases of theft with violence against vehicles that occur to law enforcement agencies to be processed in accordance with applicable legal provisions, where penalties or criminal sanctions imposed on perpetrators are expected to provide a deterrent effect to perpetrators in accordance with sentencing purposes. The obstacle factor in law enforcement in the crime of theft through violence is the victim dies, the perpetrator is a minor, the suspect easily escapes, and the perpetrator eliminates evidence.
Analisis Hukum terhadap Tanggungjawab Perusahaan Pemberi Izin Kapal Asing Sandar di Pelabuhan pada PT. Pelni Cabang Lhokseumawe
Rahalim Raja Muda Harahap;
Taufik Siregar;
Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 1 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (923.777 KB)
|
DOI: 10.34007/jehss.v5i1.1290
The problem in this research is how the legal arrangements regarding the granting of permits for foreign ships that will dock at ports in Indonesia, how the process of granting permits for foreign ships that will dock at the Port of Lhoksumawe and what are the constraints and responsibilities of PT. Pelni Lhoksumawe Branch in granting permits for foreign ships that will dock at the port. This type of research is directed to normative juridical law research. The nature of the research used in completing this thesis is descriptive analysis. Data collection techniques are carried out through: Library Research: namely by collecting and studying and analyzing concepts, theories, opinions or findings and statutory provisions related to law. Field research (Field Research), namely by conducting direct field research to obtain data such as interviews. In this case the researchers directly conduct research to PT. Pelni Lhoksumawe Branch which handles the port for foreign ships that will dock. Analysis of the data used in this study is to use qualitative methods.
Peranan Lembaga Bantuan Hukum Cahaya Kebenaran Dan Keadilan (YLBH-CKK) terhadap Masyarakat Miskin yang Mengalami Kasus Pidana di Pengadilan Negeri Kelas I B Kisaran
Julpan Hartono Suria Manja Manurung;
Taufik Siregar;
Rizkan Zulyandi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 4 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), May
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34007/jehss.v5i4.1704
The purpose of this research is to analyze the legal regulations regarding the provision of legal aid in Indonesia, the role of the The Truth and Justice Light Legal Assistance Institution for the poor who experience criminal cases and the constraints they face for the poor who experience criminal cases (Studies at Class IIA District Courts range). The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the research show that the provision of legal assistance to the poor is regulated in Law no. 16 of 2011 concerning Legal Aid. YLBH-CKK provides legal assistance based on requests for legal assistance from residents who have experienced criminal cases. The obstacles faced by YLBH-CKK for the poor are: the public still does not understand the Legal Aid Law by assuming that every transaction with a legal aid institution is synonymous with spending money The big one, there are no restrictions in law who are entitled to legal aid so that criminals who have become recidivists can apply for legal aid, there are advocates who ask for payment from clients receiving legal aid without heeding the applicable rules, weak supervision of advocates when interact with clients, as well as the lack of allocation of funds from the government.
Penegakan Hukum Terhadap Pelaku Usaha Yang Melakukan Kegiatan Usaha Pertambangan Tanpa Izin Usaha Pertambangan
Jikri Sinurat;
Rizkan Zulyadi;
Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 4 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), May
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34007/jehss.v5i4.1707
The purpose of this study is to analyze the urgency of criminal prosecution of perpetrators who carry out mining business activities without a business license, law enforcement in decision Number: 517/Pid.B/2021/PN.Lbp regarding criminal acts of mining without a business license, and the factors that cause the occurrence of criminal acts. mining crime without a business license in Deli Serdang Regency. The type of research used is normative legal research supported by field data through interviews with investigators at the Medan Metropolitan Police. Data analysis in this study was carried out by selecting secondary data from library research and field research data analyzed qualitatively. The results of this study are, the urgency of criminalizing business actors who carry out mining businesses without a permit in Indonesia, namely to avenge criminals' mistakes is also intended to protect the public, by creating order in carrying out mining business activities. Law enforcement against business actors who carry out mining business without a mining business permit in decision Number: 517/Pid.B/2021/PN.Lbp is not optimal and does not reflect a sense of justice. Factors causing the occurrence of cases of mining without a mining business permit in Deli Serdang Regency are divided into 2 (two), namely, internal factors and external factors. Internal factors consist of educational factors and economic factors. On external factors due to the lack of socialization related to mining business licenses and the complicated management of mining business permits.
Penegakan Hukum Oleh Polri Terhadap Pelaku Tindak Pidana Judi Online (Studi Pada Kepolisian Daerah Sumatera Utara)
Yundha Kurniawan;
Taufik Siregar;
Sri Hidayani
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/arbiter.v5i1.1671
Law enforcement is carried out by law enforcers. The implementation of the law in society, apart from depending on the legal awareness of the community, is also very much determined by law enforcement officials. Law enforcement by the Indonesian National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out in accordance with the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the Police. The increasing mode of online gambling crimes is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in revealing perpetrators of online gambling crimes. Lack of identity of perpetrators and lack of witnesses. Lack of evidence in the filing process. Lack of cooperation between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation between the Police and the Public Prosecutor in the process of investigating online gambling crimes
MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION: CUSTOMARY LAW PERSPECTIVE
Taufik Siregar;
Anwar Sadat Harap;
Ikhsan Lubis
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24815/kanun.v24i2.26532
The goal of this research is to describe mediation as an alternative technique of conflict settlement under customary law, in both criminal and civil matters. Dispute resolution processes based on customary law play an important role in decreasing litigation. Mediation is a cornerstone of traditional law-based dispute settlement. This study uses descriptive qualitative research to better understand the phenomenon of mediation as an alternative form of conflict settlement under customary law. The data was gathered through a literature review and document analysis. The technique of data analysis employed in this study was a qualitative descriptive technique based on Miles and Huberman's interactive model. The findings reveal that mediation aids indigenous people in three ways: (i) maintaining ownership of conflicts; (ii) utilizing parts of customary law and practice; and (iii) finding a solution that is consistent with their cultural values. Furthermore, it appears that in traditional civilizations, mediators strive to guarantee that "peace and harmony prevail in society" because of the agreement. As a result, people who still adhere to customary law may employ customary law mediation as an alternate means of settling problems
Criminal Policy on Tobacco Excise at North Sumatra Regional Office of The Directorate General of Customs and Excise (DGCE)
Nantama Mulyana;
Taufik Siregar;
Rizkan Zulyadi
Asian Journal of Social and Humanities Vol. 1 No. 09 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59888/ajosh.v1i09.61
This research was conducted to discuss the criminal policy on tobacco excise at North Sumatra Regional Office of the DGCE. The phenomenon of increasing excise rates every year does not reduce tobacco consumption in Indonesia but instead increases the circulation of illegal tobacco products. The research method used is normative juridical research supported by empirical data and interviews. The nature of this research is descriptive analysis. The results of the research on the policy of combating tobacco excise criminal offenses at the North Sumatra Regional Office of the DGCE refer to Law No. 11 of 1995 as last amended by Law No. 7 of 2021, Minister of Finance Regulation No. 237/PMK.04/2022, and DGCE Instruction No. INS-05/BC/2022 dated November 1, 2022. The North Sumatra Regional Office of the DGCE has not yet resolved tobacco excise criminal cases with restorative justice from 2021 to 2022. The obstacles faced by the North Sumatra Regional Office of the DGCE include the absence of implementing regulations for the law, the failure to implement the roles of Customs and Excise investigators, inadequate facilities and infrastructure, low legal awareness of the public, smoking culture, and negative perceptions of tobacco excise regulations.
Penegakan Hukum Tindak Pidana Korupsi Biaya Pemungutan Pajak Bumi dan Bangunan (PBB) Sektor Perkebunan di Pemerintah Kabupaten Labuhan Batu Selatan
Ane Fransiska Sianipar;
Rizkan Zulyadi;
Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (344.688 KB)
|
DOI: 10.34007/jehss.v5i3.1591
This study aims to find out and analyze the background, the modus operandi of the Corruption Cases, Land and Building Tax Collection Costs in South Labuhanbatu Regency and to recommend the political concept of criminal law against the abuse of authority by public officials related to corruption cases in Indonesia. The research method that the author uses is normative juridical with a statutory, bibliographical and legal case approach based on secondary data. The data obtained were analyzed by qualitative analysis. The results of the study, the factors causing the occurrence of criminal acts of corruption are due to the abuse of power inherent in him as a regional head, factors of encouragement/persuasion or invitations/suggestions from parties or groups within the Regent's power to act corruptly, as well as factors of gaps or weaknesses law. Related to the administration of PBB collection for the Plantation Sector and the weak rules that emphasize "state losses" in corruption cases. So this, through legal regulations made by the Regent of Labusel as legitimacy for his corrupt actions to harm state finances. The modus operandi of the corruption case was carried out together with the modus operandi of making the Regent's Regulation Number 84 C of 2011 the legal basis for citing PBB of the plantation sector. Criminal Law Politics Against the Abuse of the Authority of Public Officials Related to Corruption Cases in Indonesia can be carried out by penal law enforcement and law enforcement through non-penal means.
Penerapan Hak Asasi Manusia dalam Penyidikan Perkara Pidana Pencurian Kendaraan Bermotor di Polrestabes Medan
Cordyn Parulian Tuah Purba;
Taufik Siregar;
Rizkan Zulyandi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (854.063 KB)
|
DOI: 10.34007/jehss.v5i3.1436
The purpose of this research is to analyze the application of human rights, the obstacle factors and efforts to overcome them against the suspected perpetrators of motor vehicle theft at the investigation stage at the Medan Police. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study indicate that the Medan Police as a law enforcement officer has tried to implement human rights in carrying out investigations into criminal acts of ranmor, and still prioritize the purpose of the investigation, which is to make the case clear and find the suspect. The obstacles faced in the effort to implement human rights for ranmor suspects are: the police must try to fully uncover the ranmor case even with various examination techniques, the intervention of the ranmor victim during the investigation and while in detention, being given lessons in the form of physical violence, and the behavior of the suspect who often does not cooperative during the investigation process so as to force the investigator to conduct an examination using physical force. The efforts that can be made to overcome the obstacles faced in the effort to implement human rights for ranmor suspects are: trying to fully uncover the case without using physical violence, firmly rejecting all forms of intervention from victims of the ranmor crime, and providing understanding for the ranmor suspect on the importance of attitude. cooperatively during the investigation for the purpose of mutual interest.