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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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Whistleblowers as Anti-Fraud in Banking Crimes from a Maslahah Perspective Marpaung, Zaid Alfauza; Syahnan, Mhd; Panjaitan, Budi Sastra
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12422

Abstract

This research aims to examine the important role of whistleblowers in exposing banking crimes from the perspective of maslahah in Islamic law. The study employs a qualitative-normative approach using a literature review method based on positive legal regulations and scholarly works related to maslahah theory developed by maqasid scholars. The legal sources consist of primary legal materials such as the Corruption Crime Law, the Financial Services Authority, and the Law on the Protection of Witnesses and Victims, as well as secondary legal materials in the form of books, journals, and scientific articles. Since this research is normative, the main focus is on the study of positive legal norms rather than empirical field data. The analysis was conducted qualitatively through categorization and deductive reasoning. The results indicate that whistleblowers play a strategic role in detecting and exposing fraudulent practices due to their direct access to internal information that is not available to the public. The fraud in question includes various forms of legal and ethical violations that occur in the banking sector and may harm customers, financial institutions, and the overall stability of the economy. From the maslahah perspective, the existence of whistleblowers represents an effort to protect the public interest, particularly in maintaining honesty, justice, and property within the muamalah (social transaction) system. The study recommends strengthening legal protection mechanisms for whistleblowers to ensure their security and prevent potential threats, intimidation, or retaliatory actions. Furthermore, the study highlights the importance of establishing a reporting system that is both technically and institutionally secure, while also oriented toward public benefit by promoting civic participation in oversight and strengthening the effectiveness of law enforcement and transparent governance.
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.
Konsep Bantuan Hukum Dalam Perspektif Hukum Pidana Islam; Analisis Sosial-Historis Mughiroh, Hafizul; Marpaung, Zaid Alfauza
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 2 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i2.9836

Abstract

This study examines the concept of legal aid in Islamic criminal law, focusing on the importance of ensuring fair and equal access to legal justice. Legal aid plays a crucial role in understanding individual rights within the context of Islamic law and ensuring that judicial processes align with the principles of Islamic justice. The research employs a qualitative method with a normative juridical approach. The findings reveal that the concept of legal aid in Islamic criminal law not only facilitates access to legal proceedings but also promotes social justice and the protection of human rights within the framework of Sharia. In the Islamic judicial system, defendants, victims, witnesses, prosecutors, and guardians all have equal rights to adequate legal assistance. Defendants are entitled to a fair defense in court, while victims and witnesses require legal protection for their rights. Prosecutors are responsible for providing appropriate legal aid to uphold fair law enforcement, and guardians ensure that justice is properly administered within society.
Penerapan Asas Hukum Pidana Islam dalam Mengatasi Kejahatan Kontemporer Anggraini, Sabna; Pulungan, Sofia Zuhro Zein; Rahma, Ainur; Puspita, Asti Nurul; Solin, Rina; Marpaung, Zaid Alfauza
Mediation : Journal of Law Volume 3, Nomor 3, September 2024
Publisher : Pusdikra Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51178/mjol.v3i2.2316

Abstract

This article examines the application of Islamic criminal law standards in the context of contemporary crime anticipation. Islamic criminal law, which is based on ethical and moral values, offers a relevant approach to dealing with various forms of crime today, such as cybercrime, bullying based on fear, and insults. This research distinguishes several standards of Islamic criminal law, enumerates standards of justice, legal certainty and practicality, and looks at how these standards can be coordinated into a positive legal framework to make legal enactment more successful. Additionally, this article emphasizes the importance of justice and beneficial remedies in dealing with offenders, in order to re-establish exasperated social relationships. Thus, the application of Islamic criminal law standards is expected to provide comprehensive and relevant regulations in facing the challenges of modern crime, while still paying attention to human rights standards and human values.
Penegakan Hukum Terhadap Penangkapan Ikan Secara Ilegal oleh Kapal Asing Ritonga, Alvina Hardiyanti; Marpaung, Zaid Alfauza
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12009

Abstract

This study examines law enforcement efforts against illegal fishing practices by foreign vessels in the waters of Belawan, North Sumatra, a strategic area bordering the Malacca Strait and vulnerable to transnational crimes. The primary focus of this research is to analyze the law enforcement model applied in the Belawan maritime area, identify structural and legal obstacles encountered, and evaluate the effectiveness of the approaches used by law enforcement agencies. This study employs a qualitative approach, with data collection techniques including document analysis, field observations, and interviews with relevant stakeholders. Data analysis techniques consist of data reduction, data display, and inductive conclusion drawing. The research findings reveal that the law enforcement model in the Belawan area combines both preventive and repressive measures, involving coordination among institutions such as the Ministry of Marine Affairs and Fisheries (MMAF), the Marine and Fisheries Resources Surveillance (PSDKP), the Indonesian Navy, and community-based surveillance groups (Pokmaswas). A declining trend in the number of apprehended foreign fishing vessels in recent years indicates a degree of success in enforcement. The originality of this study lies in its specific identification of institutional obstacles, such as overlapping authority, limited patrol resources, and the lack of harmonization in maritime legal regulations. Therefore, the study recommends stronger institutional integration, modernization of maritime surveillance technologies, and harmonization of legal frameworks as strategic measures to enhance the effectiveness of law enforcement in Belawan waters and surrounding areas.
ANALISIS YURIDIS PENANGGULANGAN PENYALAHGUNAAN DATA PRIBADI DALAM BENTUK PHISING YANG DILAKUKAN OLEH PAID VERIFIED ACCOUNT DI MEDIA SOSIAL MENURUT UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Saputra, Dewana; Marpaung, Zaid Alfauza
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.804

Abstract

This research discusses the handling of personal data abuse in the form of phishing carried out by paid verified accounts on social media according to Law Number 27 of 2022 concerning Personal Data Protection. The problem raised in this study is the rampant phishing crime against personal data abuse on social media. The research method used in this study is juridical-normative with sources of legal materials, namely: Laws, previous legal research results, opinions of legal experts, works from legal experts and other sources of information that are useful for this study. The results of this study reveal that the Personal Data Abuse Law in tackling phishing crime against personal data abuse, by strengthening personal data protection through several efforts, such as imposing sanctions, establishing a special authority agency, encouraging the government to strengthen cyber security and increasing digital literacy for the community as a form of participation. with the aim of minimizing the possibility of personal data abuse, such as phishing on social media by paid verified accounts. The handling of personal data abuse through the Personal Data Protection Law is good if it is fully implemented, but it would be even better if various modus operandi of personal data abuse could be explicitly or clearly written in it, so that there are no gaps for violators to escape from the articles of the Personal Data Protection Law. Then regarding the Personal Data Protection Authority Agency must stand independently and independently, so that there is no conflict of interest that can injure and disrupt the enforcement of personal data protection in Indonesia.
POLIGAMI TANPA IZIN ISTERI: PERSPEKTIF HUKUM ISLAM DAN POSITIF Marpaung, Zaid Alfauza; Irham, Muhammad Iqbal; Zein, Achyar
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9476

Abstract

The purpose of this article is to discuss the impact of polygamous marriages without the consent of the wife from the perspective of positive and Islamic law. Polygamy that is carried out secretly without the wife's permission or knowledge causes many disputes that disrupt household harmony and even lead to divorce. This is because the wife does not accept it, feels betrayed, and hurt. Indonesian marriage law basically adheres to the principle of monogamy. However, there are exceptions for men who can have more than one wife, with the condition of the wife's permission. The method used is normative legal research through a conceptual approach and legislation, whose data comes from primary, secondary and tertiary legal materials. The data is then collected and analyzed qualitatively. The results showed that polygamous marriages secretly without the knowledge and consent of the wife are unlawful. The legal consequences of such violations can be prosecuted criminally as stipulated in Article 279 of the Criminal Code and can be requested for annulment to the court. From the point of view of Islamic law, polygamous marriages are allowed in emergency situations that prioritize justice and the goal of benefit. If these conditions cannot be met and the marriage is detrimental to the household, then polygamy is haram.  Keywords: Marriage, Polygamy, Wife's Permission, Islamic Law, Positive Law
Penerapan Hak Narapidana Wanita Hamil di Lembaga Permasyarakatan:: Studi Kasus di Lapas Wanita Kelas II A Tanjung Gusta Medan Efendi, Lusi Rahmadhani; Marpaung, Zaid Alfauza
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.424

Abstract

As indonesia citizens, of course we have rights that have existed since birth. Likewise for convicts who are serving their sentence in prison, women convicts should pay more attention to their rights when they are in prison because as women they have the nature to conceive, give birth and breastfeed. pregnant women in correctional institutions and how to implement the rights of pregnant women inmates in prisons. The author uses the Juridical Empirical Method in this study using a purposive sampling approach. The results of the study are that pregnant female prisoners in the class IIA female correctional facility in tanjung gusta Medan have not all of their rights have been fulfilled where there is still a lack of facilities in correctional institutions and there are no doctors who are specifically in the correctional institution. Keywords: rights of pregnant women convicts; legal arrangements in prison
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