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All Journal Jurnal Daulat Hukum Journal Analytica Islamica JOURNAL OF SCIENCE AND SOCIAL RESEARCH JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Unes Law Review Jurnal Jatiswara JRTI (Jurnal Riset Tindakan Indonesia) Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Hikmah Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan JUNCTO: Jurnal Ilmiah Hukum Mutawasith: Jurnal Hukum Islam LEGAL BRIEF Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat EduInovasi: Journal of Basic Educational Studies Mediation : Journal Of Law Jurnal Legisia JUSTICIA SAINS: Jurnal Ilmu Hukum SENTRI: Jurnal Riset Ilmiah Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal Al-jina'i Al-islami
Zaid Alfauza Marpaung
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

 1 
Analysis of the Dusturiyah System on Community Participation in the 2024 Presidential Election Re-vote (Study at TPS 21, Sei Putih Tengah Village, Medan Petisah District Rizki Hsb, Nuryolanda; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1219

Abstract

This research was motivated by a discrepancy in determining the voter list for the 2024 general election at TPS 21, Sei Putih Tengah Subdistrict, Medan Petisah District. Due to this discrepancy, a revote (PSU) was carried out. The aim of this research is to find out how siyasah dusturiyah analyzes the community's participation in the 2024 presidential election re-voting at TPS 21, Sei Putih Tengah sub-district, Medan Petisah sub-district. This research uses empirical legal (sociological) research methods sourced from primary and secondary data, namely obtained directly from the community and official documents from the KPU, the Election Law, books and literature related to Siyasah Dusturiyah. The research results showed that of the 236 voter lists, only 108 people exercised their voting rights. This reflects a decline in voter participation due to various factors, such as distrust of the election process, political fatigue, or a lack of outreach regarding the importance of repeat voting. From Siyasah Dusturiyah's view, re-voting can strengthen the legitimacy of election results because this process ensures that the election runs are in accordance with the principles of fairness and openness. On the other hand, if re-voting is not carried out transparently, this could actually lead to distrust of election organizers.
Review of Islamic Criminal Law and Positive Regarding Combined Criminal Acts (Case Analysis Study of TNI AL Bintara Candidates in Padang) Ayu, Aina Putri; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1171

Abstract

This study aims to discuss the review of Islamic criminal law and national criminal law related to the combination of criminal acts in the case of prospective TNI AL NCO students in Padang, West Sumatra. This study applies the method of field legal research (legal research). The results of the study reveal that positive law adopts three theories that are combined in the concept of punishment, namely cumulative theory, absorption theory, and mixed theory. The three theories are listed in Articles 60 to 71 of the Criminal Code, regulating the combination of criminal acts of concursus idealis, concursus realis, and voortgezette handeling. The application of the combined theory of punishment in positive law is designed to comply with the principles of justice, benefit, and legal certainty. Conceptually, this idea has fundamental differences with Islamic criminal law. In positive law, various criminal acts carried out by one perpetrator are subject to one type of reward according to the provisions that the criminal acts are carried out in a close time or continuously, so that they are included in ongoing actions. This provision is looser than Islamic law, recognizing the imposition of one punishment for several acts if the acts have the same purpose. If they have different purposes, the perpetrator must be given the appropriate punishment with the type of criminal punishment that has been committed
Criminal Law Enforcement Against Cyber Phising Perpetrators (Study of decision Number 85/Pid.Sus/2022/PN Bjb) Harahap, Amalia Zahra; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Cyber ??phishing crimes are the result of technological advances that allow attacks without physical interaction. This problem is getting worse and is a serious threat to public safety. This study examines the phenomenon of theft and hacking of personal data in a digital context, especially related to cyber phishing violations. This study also evaluates the criminal law framework in Indonesia that regulates these crimes. The methodology used is normative law with a conceptual approach, namely analyzing written laws from library materials, and collecting data from academic literature. The analysis in this study refers to the provisions of the applicable laws. This study aims to determine how criminal law applies to phishing perpetrators in decision No.85/Pid.Sus/2022/PN.Bjb and, explore the relationship between this problem and the Criminal Code, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Personal Data Protection Law. The results of the study discuss how the criminal law system deals with cybercrimes such as phishing, to overcome this crime problem, it is important to increase public awareness, provide education, and strengthen personal data security.
Criminal Law Regulations Against Cyber Harassment Perpetrators Through Social Media Ritonga, Amany Zuhairah; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to determine the criminal law regulations for perpetrators of cyber harassment through social media. Basically, problems that occur in society occur because of the reciprocal relationship that occurs due to the process of social interaction. Law Number 11 of 2008 con-cerning Information and Electronic Transactions (ITE) and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, shows the state's commitment to providing legal protection to its citizens, especially those who are victims of sexual violence. One form of sexual crime that is given protection is electronic-based sexual violence as stated in the provisions of Article 4 letter i. The research method used in normative legal research is commonly referred to as doctrinal legal research or library research. The research approach uses qualitative analysis, legal mate-rials in the form ofprimary, secondary and tertiary legal materials. The research results con-cluded that cyberharassment through social media is a problem that affects all levels of society. Social media users who become victims of Cyberharassment often suffer from serious psy-chological impacts such as Post-Traumatic Stress Disorder (PTSD). Victims can report through the Ministry of Communication and Information or law enforcement officers. Therefore, it is necessary to regulate the law for perpetrators of cyberharassment, so that there are no more victims of such actions.
Co-Authors Achyar Zein, Achyar Adil Lubis, Muhammad Hafizh Ainur Rahma, Ainur Al-Hakimi, Shiddiq Alfarizi, Dava Anggraini, Sabna Ayu, Aina Putri Barus, M. Hafiz Ramdhani Dalimunthe, Aidil Putra Efendi, Lusi Rahmadhani Fanny, Kurnia Hafizsyah, Muhammad Harahap, Amalia Zahra Irham, Muhammad Iqbal Lubis, Fauziah M. Rizal Mhd. Syahnan Mughiroh, Hafizul Muhammad Faisal Hamdani Muhammad, Mar’ie Ma’arif Nawir Yuslem, Nawir Panjaitan, Budi Sastra Pulungan, Sofia Zuhro Zein Puspita, Asti Nurul Putra, Dedetri Ramadani, Ramadani Rambe, Ahmad Razaki Ritonga, Alvina Hardiyanti Ritonga, Amany Zuhairah Rizki Hsb, Nuryolanda Sakinah, Dinda Gaby Saputra, Dewana Simanjuntak, Tigor Ahmad Thabrani Solin, Rina Syah, Cerah Andika