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Kajian Normatif Tentang Tindak Pidana Pencemaran Nama Baik Di Dunia Maya Saragih, Yasmirah Mandasari; Lubis, Muhammad Ridwan
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 5, No 1 (2019): JURNAL YUSTISIA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study was to determine how the validity or legal domicile Electronic Information and Electronic Documents as evidence in the criminal act of defamation in cyberspace as well as to determine the application of the law on criminal acts of defamation in cyberspace. By using the method of normative legal research, it can be concluded that: 1. In the event of the power and value of the evidence, the evidence provided for in Article 184 Criminal Procedure Code, which is the strength of evidence of electronic evidence is free (volledig bewijskracht) and is not binding or specify ( beslissende bewijskracht). Probative value of all evidence based on the judge's assessment. Setting electronic evidence in UU ITE regulated in Chapter III of Information, Document and Electronic Signature, as well as Article 44 of Law ITE. Article 5 (1) of the EIT set explicitly that information or electronic documents and / or printouts are valid evidence. Furthermore, Article 5 (2) states that "Electronic Information and / or Electronic Document and / or printout ... an extension of the valid evidence in accordance with the Law of Procedure applicable in Indonesia". This provision confirms that electronic evidence has been received in evidence in the Indonesian legal system. However, the emphasis of this section is setting elektronlk evidence in the Criminal Procedure Law in Indonesia. 2. For the application of the law, especially criminal sanctions against perpetrators of defamation in cyberspace (cyber), which is where the application of this law in the review of the Penal Code and the Law on ITE. Application of the law on criminal defamation baikinimenggunakan principle of Lex specialist derogat legi generali is where setting defamation in cyberspace regulated in Article 27 paragraph (3) and Article 45 of Law ITE is "Lex specialists" of Article 310 of the Criminal Code that is "Lex generali "which makes synergy relationship rules of law on defamation cases. Defamation cases conducted by Prita Mulyasari in cyberspace since the enactment of new EIT Law became part of the reference. Application of criminal sanctions alone unspecified and may be subject to penalties of imprisonment and fined.
Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan) Lubis, Muhammad Ridwan
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i1.3464

Abstract

Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT Moh. Nurul Huda; Muhammad Ridwan Lubis
Jurnal Akta Vol 8, No 2 (2021): June 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i2.15459

Abstract

In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.
THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE Yasmirah Mandasari Saragih; Muhammad Ridwan Lubis
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.15627

Abstract

The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.
ANALISIS ALGORITMA BACKPROPAGATION DALAM MEMPREDIKSI TINGKAT KEBERHASILAN PELATIH SEPAKBOLA SEBAGAI SALAH SATU KEMAJUAN OLAHRAGA DI INDONESIA Muhammad Ridwan Lubis
KLIK- KUMPULAN JURNAL ILMU KOMPUTER Vol 6, No 3 (2019)
Publisher : Lambung Mangkurat University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20527/klik.v6i3.248

Abstract

The development of sports is an important role of a trainer and the management role that is in it. Determining the success of the trainer by using the criteria of experience, strategy and understanding of the trainer on the mental and spiritual conditions of each player is the first step in achieving success. Research using computational-based information technology is very much developed mainly by using neural network methods. Research using Artificial Neural Networks has been widely used, especially in the field of sports, especially football, including prediction results of soccer matches. In this study, the study of determining the success rate of soccer coaches as one of the advances in Indonesian football sports using the backpropagation algorithm was the goal of researchers to produce an effective decision in determining the success of football sports in Indonesia.Keywords: Coach, Football, Artificial Neural Network, Backpropagation Indonesian Perkembangan olahraga merupakan peran penting dari seorang pelatih dan peran manajemen yang ada didalamnya. Menentukan tingkat keberhasilan pelatih dengan menggunakan kriteria pengalaman, strategi dan pemahaman pelatih terhadap kondisi mental dan spiritual setiap pemain merupakan langkah awal dalam mencapai keberhasilan. Penelitian dengan menggunakan teknologi informasi berbasis komputasi sangat banyak dikembangkan terutama dengan menggunakan metode neural network. Penelitian dengan menggunakan Jaringan Saraf Tiruan sudah banyak digunakan terutama  dalam bidang olahraga terutama sepakbola, diantaranya adalah Prediksi hasil pertandingan sepak bola. Pada penelitian ini, penelitian tetang menentukan tingkat keberhasilan pelatih sepakbola sebagai salah satu kemajuan olahraga sepakbola diindonesia menggunakan algoritma backpropagation menjadi tujuan peneliti  untuk menghasilkan sebuah keputusan yang efektif dalam menentukan keberhasilan olahraga sepakbola di indonesia.Kata kunci: Pelatih, Sepakbola, Jaringan Saraf Tiruan, Backpropagation, Indonesia
Corporate Criminal Liability for Criminal Acts of Corruption Muhammad Ridwan Lubis; Panca Sarjana Putra; Yasmirah Mandasari Saragih
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.15234

Abstract

The practice of this criminal act of corruption that involves corporations is an extraordinary crime and is very detrimental to the state. The direct consequences of these crimes to society are financial losses, job losses, and even loss of life due to the crisis. Researchers use normative juridical research methods with 3 (three) approaches to examine two problems discussed with normative research methods. It was found that corporate crime against corruption contained five theories of strict liability according to the law (strict liability) where historically the law began to pay more attention and the principle of absolute responsibility as a punishment needed to prevent retaliation then changed. be a responsibility based on the element of error
Pertanggungjawaban Pelaku Tindak Pidana Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia Akibat Kelalaian Muhammad Ridwan Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 2 (2018): EDISI JANUARI 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i2.357

Abstract

Smooth traffic will bring smoothness in all efforts; otherwise, if traffic cannot create smoothness and regularity well, it causes many congestion and accidents which may influence to all social life. In writing this thesis, the author applies the method of literature review (library research) to examine secondary data and field research by doing research in the District Court Class I Medan and Medan Police. The factors affecting the increase of traffic accidents on the highways are caused by people’s lack of awareness and adherence to obey any traffic regulations. People always blame law enforcement officers (police) without realizing and filtering their own mistakes first. Indeed, to create the military and regularity in the traffic there must be a good cooperation between law enforcement officers and the people because without intertwining between the rights and obligations of law of the enforcement officers and the public, it is impossible to create tranquility, order and comfort in traffic. Such traffic accidents have happened since years ago and always increase up to now in Indonesia.
Pelecehan Seksual Terhadap Anak Di Bawah Umur Dalam Persfektif Hukum Islam Dan Hukum Pidana Muhammad Ridwan Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 17, No 3 (2018): Edisi Mei 2018
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v17i3.591

Abstract

Abstract The prohibition of khalwat (or lewd acts) as the enforcement of the Islamic rules and customs among people in Nangroe Aceh Darussalam Province is to protect the community from various forms of destructive activities or deeds, to prevent the people as early as possible from committing adultery, to increase community participation, to prevent and eradicate the occurrence of khalwat (or lewd acts), and to close the opportunity for moral damage. The law enforcement apparatus found obstacles to settle the khalwat cases; consequently, the case was not transferred to the Syar'iyah Court (a court based on Islamic rules). The constraints of the difference to categorize khalwat (or lewd act) are due to the customary law that still prevails in society, the imperfect law, lack of wilayatul hisbah officers (Islamic law enforcers), lack of legal awareness and knowledge, and environmental factors.
Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan) Muhammad Ridwan Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 20, No 1 (2020): Edisi September 2020
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v20i1.3463

Abstract

Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
HUKUMAN MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DAN HUBUNGANNYA DENGAN HAK ASASI MANUSIA Muhammad Ridwan Lubis
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 18, No 2 (2019): Edisi Januari 2019
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v18i2.1087

Abstract

Abstract Capital punishment is the toughest criminal punishment of all types of crimes; therefore, the threat of capital punishment is only directed at certain criminals. The offense threatened with capital punishment, is relatively smaller than the others. Such death penalty is a type of punishment that always causes pros and cons because it is considered contrary to human rights. Based on the above background, this journal discussion presents the relationship between the death penalty and human rights.The implementation of capital punishment is the most violent reaction to a crime because it does not provide an opportunity for the perpetrators to correct their behavior. On the other hand, the capital punishment is also a tool for fulfilling legal objectives, and it can also be a kind of shock therapy for other criminals or people who intend to commit crimes. The regulation of the death penalty in Indonesian criminal law as well as in other laws and regulations is still maintained because it is in accordance with the spirit of Pancasila and the 1945 Constitution of the Republic of Indonesia so that the death penalty is not contrary or violates human rights.