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All Journal Pembaharuan Hukum DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Hukum Samudra Keadilan Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah METADATA Jurnal Al-Hikmah Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Meta Hukum Jurnal Abdimas Maduma
Ibnu Affan
Universitas Islam Sumatera Utara
Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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TINJAUAN YURIDIS PANCASILA SEBAGAI STAATFUNDAMENTALNORM DALAM MENGHADAPI KAPITALISME PENYELENGGARAAN PENDIDIKAN DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 12 TAHUN 2012 Ojak Manurung; M. Yamin Lubis; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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In practice, in the implementation of education in the field, the main idea is to get a large profit from the implementation of this education, especially in several non-government educational institutions. The formulation of the problem in this thesis is how to regulate the crime of money laundering, how to change the paradigm in the implementation of higher education in Indonesia after the issuance of Law Number 12 of 2012 concerning Higher Education, what is the form of the threat of capitalism currently facing the Indonesian nation in the administration of higher education what is the position of Pancasila as the fundamental norm in facing the threat of capitalism to the implementation of higher education in Indonesia. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the paradigm shift in the implementation of higher education in Indonesia after the issuance of Law Number 12 of 2012 concerning Higher Education is seeking, discovering, disseminating, and upholding the truth. The form of the threat of capitalism currently faced by the Indonesian nation in the implementation of higher education is in the form of materialism, consumerism, hedonism, pragmatism, and instant attitudes that have become a serious threat to efforts to educate the nation's children to become superior human resources. All forms of barriers to education must be removed, including those caused by the inability to reach the cost of education. The position of Pancasila as a fundamental norm in facing the threat of capitalism to the implementation of higher education in Indonesia is that the strengthening of national identity, nationalism and culture is important for the education world to pay attention to in relation to the influence of globalization.
ANALISIS KEBIJAKAN KEWAJIBAN VAKSINASI COVID-19 OLEH PEMERINTAH TERHADAP SETIAP WARGA MASYARAKAT DALAM PERSPEKTIF HAK ASASI MANUSIA DAN HAK KONSTITUSIONAL WARGA NEGARA Oskar Arifandi Ginting; M. Yamin Lubis; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The role of the state in fulfilling the basic needs of the people is very necessary, especially in the form of comprehensive health services, with health being recognized as one of the human rights. The formulation of the problem in this thesis is how to regulate the implementation of vaccination against citizens, what are the factors that cause rejection from the community towards the implementation of vaccination programs organized by the government, whether the obligation to carry out vaccinations against citizens is contrary to human rights and constitutional rights of citizens. This type of research is normative juridical, namely research based on law. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. The results of the study indicate that the regulation of the implementation of vaccination against citizens is regulated in the Indonesian constitution which guarantees health insurance for its citizens, as embodied in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. by the government, health workers who have survived Covid-19 still have doubts about being vaccinated, the environment, namely if the people closest to them are against and continue to influence them, there is a possibility that they will also be against the effectiveness of vaccines, mindsets, values ​​held and people doubt the halalness of vaccines. The obligation to carry out vaccination of citizens is a basic right that must be guaranteed, because health is part of the primary needs of every human being and in the perspective of fulfilling the basic rights of citizens to health, the government is bound by the responsibility to ensure adequate access for every citizen to health services that appropriate and optimal as an effort to respect, protect and fulfill state obligations by implementing human rights norms on the right to health.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK DALAM KASUS KEKERASAN SEKSUAL (Studi Kasus Putusan Pengadilan Negeri Banda Aceh) Rangga Setyadi; Muhammad Yamin; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Legal protection for women and children in cases of sexual violence in the city of Banda Aceh is regulated in various laws and regulations, namely national laws and regulations that apply specifically to the Aceh region, in the form of Qanun. Law enforcement against perpetrators of sexual violence against children in the city of Banda Aceh, there has been a dualism of law. The Aceh government, in addition to implementing the laws and regulations that apply nationally, also implements Qanun No. 6/2014 on Jinayat. Legal protection for women and children in cases of sexual violence at the Banda Aceh District Court is carried out through the imposition of the fairest verdicts against the defendants. In this case, the justice meant is justice for the victim. The verdict handed down by the Banda Aceh District Court against the defendant in the case of sexual violence against women (rape) is still too light, so that it has not brought justice to the victim, which is part of the form of legal protection for the victim.
PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA INFORMAL MENURUT UNDANG UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PEKERJA MIGRAN Berkat Anugrah Kurunia Situmorang; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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It is appropriate, the state guarantees rights, opportunities, and provides protection for every citizen without discrimination to get a job and decent money income, both at home and abroad in accordance with their expertise, skills, talents, interests and abilities. The formulation of the problem in this thesis is how to regulate informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers, how to protect informal Indonesian migrant workers according to Law Number 18 of 2017 concerning Protection of Migrant Workers, how are the obstacles in providing protection for migrant workers Informal Indonesia according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and efforts to overcome it. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the regulation of the placement of Indonesian migrant workers is based on statutory regulations, namely Law 13 of 2003 concerning Manpower, Law of the Republic of Indonesia Number 18 of 2017 concerning Protection of Indonesian Migrant Workers, Regulation of the Minister of Manpower of the Republic of Indonesia Number 22 of 2014 concerning Implementation of Placement and Protection of Indonesian Workers Abroad. Protection of informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and its derivative regulations are the guidelines for labor attaches and / or appointed foreign officials. However, this is not easy considering the complexities of protecting Indonesian migrant workers abroad, as well as things that may not be unexpected beforehand. The obstacle in providing protection for informal Indonesian migrant workers is the weakness of supervision in line with the governance structure between the central government, the Ministry of Manpower as the issuer of the license and the sectoral manpower office in the regions.
KEBIJAKAN PERCEPATAN PENANGANAN COVID-19 DI KOTA BINJAI BERDASARKAN PERATURAN WALIKOTA BINJAI NOMOR 16 TAHUN 2020 TENTANG KARANTINA DALAM RANGKA PERCEPATAN PENANGANAN CORONA VIRUSES DISEASES 2019 (COVID-19) DI KOTA BINJAI Ratno Mulyadi Catur Suharto; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The spread of Corona Virus Disease 2019 (Covid-19) in Binjai City has increased which has an impact on the economy, social, security and welfare of the people in Binjai City. The formulation of the problem in this thesis is how the policy setting for the acceleration of handling Covid-19 in the city of Binjai is based on the Binjai Mayor Regulation Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19, how is the implementation of the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the context of implementing policies acceleration of the handling of Covid-19 in Binjai City, how to protect social and economic rights of the community related to the implementation of policies to accelerate the handling of Covid-19 in Binjai City. This type of research is normative juridical, namely research based on legislation and empirical juridical, namely by conducting interviews with staff/employees of the Social Service of Binjai City. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results show that the policy setting for the acceleration of handling COVID-19 in the city of Binjai is based on the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19 is to suppress and decide the spread of Covid-19 in the City of Binjai and the purpose of the establishment of this Mayor Regulation is as a guideline for implementing health quarantine in the context of accelerating the handling of COVID-19 in the Binjai City area. The implementation of the Binjai Mayor's Regulation Number 16 of 2020 concerning Quarantine in the context of implementing the policy to accelerate the handling of Covid-19 in Binjai City is much less effective because people feel that they have not received legal protection. The protection of social and economic rights of the community related to the implementation of the policy to accelerate the handling of Covid-19 in Binjai City is that the Binjai City government is responsible for order, security, comfort and welfare of the community.
PENEGAKAN HUKUM TERHADAP PECANDU DAN PENYALAHGUNA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Studi Putusan Pengadilan Negeri Kisaran Nomor 296/Pid.Sus/2021/PN.Kis) Syamsul Adhar; Marlina Marlina; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Law enforcement against narcotics crimes has been widely carried out by law enforcers, as well as many perpetrators who have been sentenced to court decisions and are serving sentences in correctional institutions. The formulation of the problem in this thesis is how to regulate the law for narcotics addicts and abusers, How is law enforcement against narcotics addicts and users according to Law Number 35 of 2009 concerning narcotics, What is the basis for judges' considerations in making decisions against narcotics users and abusers in Decision Number 296 /Pid.Sus/2021/PN.Kis. The type of this research is normative juridical, namely research based on law and empirical juridical by conducting research at the Asahan Police Station. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. The results of the study indicate that the legal regulation of narcotics crimes based on Law Number 35 of 2009 concerning Narcotics prioritizes rehabilitation of narcotics addicts and users, but the criminal sanctions for narcotics dealers and precursors are very high. Law enforcement against addicts and narcotics users according to Law Number 35 of 2009 concerning Narcotics includes non-penal policy countermeasures, namely pre-emptive (counseling) and preventive (prevention) efforts. The judge's consideration in making a decision against the perpetrators of narcotics crimes in the decision of the Kisaran District Court Number 296/Pid.Sus/2021/PN.Kis is that the defendant must be held accountable for his actions in accordance with the decision handed down by the judge, namely imprisonment for 9 (nine) years and a fine 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it will be replaced with imprisonment for 4 (four months) is appropriate for coaching to be carried out.
PENERAPAN HUKUM PIDANA TERHADAP PENCUCIAN UANG DALAM TINDAK PIDANA KEJAHATAN NARKOTIKA (Putusan Mahkamah Agung Nomor 250 K/Pid.Sus/2018) Arisman Freddy Manalu; Nelvitia Purba; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The crime of money laundering as a crime has a distinctive feature, namely that this crime is not a single crime but a multiple crime. The crime of money laundering does not stand alone because the assets placed, transferred, or transferred by means of integration are obtained from a criminal act, meaning that there has been another criminal act that preceded it. The formulation of the problem in this thesis is how to regulate the crime of money laundering, how to apply the law of money laundering in narcotics crime cases, how the legal basis for judges to return the assets of the defendant in the Supreme Court decision Number 250 K / Pid.Sus / 2018. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the regulation of money laundering in case Number 250 K / Pid.Sus / 2018 is regulated in Article 3 of Law Number 8 of 2010. Murtala Ilyas Bin Ilyas was legally and convincingly proven guilty of committing the crime of money laundering and imposing a crime. to the defendant with imprisonment for 8 (eight) years and a fine of Rp. 5,000,000,000.00 (five billion rupiah) provided that if the fine is not paid, then it is replaced by imprisonment for (three) months. The legal consideration of the judge returning the defendant's assets was because the evidence was obtained between 2002 and 2006, namely the period before the tempus delicti of 2009 to 2016, so the evidence had to be returned to the defendant Murtala Ilyas.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU EIGENRICHTING (MAIN HAKIM SENDIRI) YANG MENGAKIBATKAN KORBAN JIWA MENURUT KUHP (Studi Putusan Nomor 8/PID. B/2018/PN. BKS) Astopan Siregar; Marlina Marlina; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Violence is indeed a phenomenon that is often encountered in Indonesian society lately. In fact, the existing law in Indonesia has not been able to provide strict punishments for perpetrators of vigilantism (eigenrichting). The formulation of the problem in this thesis is how to regulate criminal offenses in the form of vigilante actions according to the Criminal Code, how to qualify for vigilante offenses (eigenrichting) that result in fatalities in criminal law, what is the basis for judges' considerations in making decisions against perpetrators of vigilante action. (eigenrichting) in Decision Number 8/PID.B/2018/PN. Bks. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the regulation of criminal offenses in the form of taking vigilante action according to the Criminal Code is regulated in Article 170, Article 351, Article 406, Article 338 and in the decision of the act as regulated and threatened with punishment in the decision Number 8/Pid. B/2018/PN. Bks perpetrators of acts of vigilantism were charged with Article 170 paragraphs (1) and (2) in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The qualification for the offense of vigilante action (eigenrichting) that results in fatalities in criminal law is that the defendant has fulfilled all the elements of the indictment in Article 170 of the Criminal Code so that the panel of judges sentenced the defendant to imprisonment for 8 (eight) years. The basis for the judge's consideration in making a decision against the perpetrator of the vigilante act (eigenrichting) is in Decision Number 8/PID.B/2018/PN. Bks is that during the trial process there was no forgiving reason or justification that could erase the criminal and unlawful nature of the defendant.
TINJAUAN YURIDIS PENCEGAHAN PENYELUNDUPAN BALLPRESS DI WILAYAH HUKUM KEPOLISIAN RESORT ASAHAN DALAM PERSPEKTIF KUHP (Studi Putusan Nomor 85/Pid. Sus/2018/PN. Tbk) Dian Pranata Simangunsong; Nelvitia Purba; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The crime of smuggling is very rampant in Indonesia, it's just that in imposing criminal sanctions, its implementation only focuses on imprisonment, because the formulation of the Customs Law is not explicitly regulated on the concept of returning state losses, so that every time a criminal act of smuggling occurs, the state is always at a loss. The problems in this discussion are how to regulate the law regarding the illegal smuggling of used clothes in the Republic of Indonesia, how the obstacles and efforts made by the Asahan Resort police in preventing ballpress smuggling, how to enforce the law against the perpetrators of the ballpress smuggling crime in the decision Number 85/Pid. Sus/2018/PN.Tbk. This study uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results of the study show that the legal regulation of smuggling in Indonesia is regulated in Law no. 17 of 2006 concerning Customs, Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 that imported goods must be in a new condition and Decree of the Minister of Industry and Trade No. 642/MPP/Kep/9/2002 concerning Changes Appendix I No.230/MPP/Kep/7/1997 states that new and used rags are prohibited for import by importers to enter Indonesia and Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/2015 concerning the Prohibition of the Import of Used Clothing . The obstacles that the Asahan Resort police do in preventing ballpress smuggling are perpetrators who provide fictitious information during the examination process. Efforts to prevent criminal acts of smuggling are carried out with 2 kinds of efforts, namely preventive and repressive efforts. Law enforcement against perpetrators of criminal acts of ballpress smuggling in Decision Number 85/Pid.Sus/2018/PN. Tbk is the perpetrator sentenced to imprisonment for 2 (two) years and a fine of Rp. 50,000,000, - (fifty million rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.
PERTANGGUNGJAWABAN PIDANA PERUSAKAN GEDUNG DAN FASILITAS RUTAN OLEH NARAPIDANA (Analisa Putusan Pengadilan Nomor 311/Pid.Sus/2019/PN. Sgi) Edumanihar Siagian; Suhaidi Suhaidi; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The treatment of differences in State Detention Centers is still frequent, so that this can lead to jealousy among detainees. One form of crime or crime that occurs in State Detention Centers is the destruction of spaces / buildings and facilities by inmates. The formulation of the problem in this thesis is how the factors that cause the destruction of the building and facilities of the detention center by inmates, what is the criminal responsibility of prisoners who destroy buildings and detention facilities, how judges consider in verifying the crime of destroying detention buildings and facilities in the verdict. Court Number 311 / Pid.Sus / 2019 / PN Sgi. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the factors that led to the destruction of the building and facilities of the detention center were dispenser problems in which the prisoners and prisoners were angry and objected because the dispensers that had previously been distributed and placed in the rooms of the prisoners had been taken back by the guards. / Rutan employees. The criminal responsibility for the convict who destroys the building and facilities of the detention center is that the defendant is sentenced to 9 (nine) months imprisonment. The judge's consideration in making a decision on the crime of destroying the buildings and facilities of the detention center in the Court Decision Number 311 / Pid.Sus / 2019 / PN Sgi is that the Panel of Judges has considerations starting from the demands of the Public Prosecutor, the fulfillment of the elements in accordance with the articles charged. and there are no justifying and forgiving reasons, so that they are found guilty, as well as burdensome and mitigating things.
Co-Authors Abdul Rahmat Tumanggor Adil Akhyar Aldy Efendi Simatupang Andi Ananta Grilya Utama Arbin Rambe Arisman Freddy Manalu Astopan Siregar Berkat Anugrah Kurunia Situmorang Budiono Danial Syah Dhoory Vinevera Sigiro Dian Pranata Simangunsong Dian Puri Aghni Edumanihar Siagian Efrida Yanti Fadhlan Ferimon Ferimon Gerriyent Gerriyent Iskandar Muda Lukman Hakim Lubis M Yamin Lubis M. Yamin Lubis Mahmud Mulyadi Marlina Marlina, Marlina Marzuki Marzuki Mhd. Idrus Tanjung Miroharjo, Didik Mohd. Natsir Muhammad Aldwi Ashary Muhammad Aldwi Ashary Muhammad Ikhsan Siregar Muhammad Yamin Muhammad Zubi Mukidi, Mukidi Munawar Munawar Mursal Nazrul Aswad Nelvetia Purba Nilma Lubis Nova Anggoro Andryanto Ojak Manurung Oktavianus Nathanael Oskar Arifandi Ginting Purba, Nelvitia Rangga Setyadi Ratno Mulyadi Catur Suharto Riza Eiflal Romy Sastra Namuda Siregar Sisilia Florina Yanti Sofian Teojui Buulolo Suhaidi Suhaidi Syamsul Adhar Vindo Montana