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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Proceeding International Seminar of Islamic Studies International Journal of Humanities Education and Social Sciences International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) International Journal of Economic, Technology and Social Sciences (Injects) International Journal of Law and Society Journal of International Islamic Law, Human Right and Public Policy Journal Juris Sinergi International Journal of Society and Law
Andry Syafrizal Tanjung
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Physics Public Health Social Sciences Other

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ANALYSIS OF JUDICIAL PROCESSES TOWARD THE CRIMINAL ACTIONS OF CORRUPTION IN DEFENDANT CONDITIONS IN ABSENTIA IN ISLAMIC LAW PRESPECTIVES Andry Syafrizal Tanjung
Proceeding International Seminar of Islamic Studies INSIS 2 (January 2021)
Publisher : Proceeding International Seminar of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.43 KB)

Abstract

Islamic law in the legal system in Indonesia is one of the positive laws that apply in Indonesia. Islamic law is adhered to and obeyed by Muslims who are the largest population in Indonesia.In practice, Islamic law is one part of the applicable law in Indonesia, which has a very important and decisive role in regulating the life of the Indonesian nation.The state-society built by the Prophet SAW has provided some background and initial models of instruments and institutions that are important pillars of the existence of a state-society.So if from the perspective of modern constitutional science, there are three institutions of state power known as triaspolitica, namely the power of the legislative, executive and judiciary institutions, it turns out that Rasulullah SAW has practiced these three forms of institutions. Corruption is an extraordinary crime, has a systemic and widespread impact and has been placed as a violation of the economic and social rights of the people. It is not uncommon for perpetrators of criminal acts of corruption to run away during the trial process of corruption cases. If you look at it from the aspect of benefiting the Indonesian people as direct victims of the criminal act of corruption. Therefore, the trial process must continue even if the defendant runs away or is not present / in absentia.Keywords: Analysis, Corruption Crime, Defendant In Absentia, Islamic Law
Legal Analysis Of Explicit Costs On Corruption In Indonesia In The Islamic Law Prespective Andry Syafrizal Tanjung
Proceeding International Seminar of Islamic Studies INSIS 1 (December 2019)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

The community-state established by the Prophet has provided some background and initial models of instruments and institutions which have become important pillars of the existence of a state-society. So if in the perspective of modern state administration know the three institutions of State power or what is called the trias politica namely the power of the legislative, executive and judiciary bodies, it turns out that the Prophet Muhammad SAW had practiced these three forms of institution. The existence of a fair nature is a matter of politics, meaning that there is no necessity in political matters to adhere to the constitutional principle that the suspect is clean of all accusations until there is evidence to prove that he is guilty, that is the basis for the realization of justice in justice. Corruption is an extraordinary crime, has a systemic and broad impact and has been placed as a violation of the people's economic and social rights. Therefore, the imposition of criminal sanctions related to the compensation of the state is not only the financial loss of the state in the event of a criminal act of corruption but must pay attention to explicit costs as part of the social costs of corruption caused by corruption. The explicit costs consist of anticipation costs of corruption, costs due to and reactions to corruption. Not only is punishment as a deterrent effect or a state financial return solely that it views it from the law on the eradication of corruption by horse glasses, but it must be viewed from the aspect of the benefit of the Indonesian people as direct victims of corruption. So what must be achieved is "State Financial Recovery".
Juridical Analysis Contained With Civil Processors Manipulating Electronic Information Data In The Pre-Work Card Registration Project (Analysis Of The Medan District Court Decision With Case Number 542/pid.sus/2022/pn mdn) Sony Prayudha Winata; Andry Syafrizal Tanjung; Sumarno, Sumarno
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.997

Abstract

Information technology is now a two-eyed sword because, in addition to contributing to the advancement of human well-being, progress, and civilization, it is also an effective means of committing acts against the law. A new legal regime known as cyber law or telematics law has emerged in recent times. Cyber law is internationally used for legal terms related to the use of information and communication technology. Similarly, telematic law is an embodiment of the convergence of telecommunications law, media law, and computer law. Speaking of crime in information technology is not out of the rules governing the crime, then it was the basis of the birth of the Act No. 11 of 2008 on Electronic Information and Transactions and now amended to the Law No. 1 of 2024 on Amendment of the Law No. 11 of 2008 on Information and Electronic Transaction. The criminal offense of falsification of documents through the Internet belongs to the category of cybercrime, which can be committed by both individuals and organizations. Cybercrime is a term that refers to criminal activity, with a computer or computer network being the tool, target, or place of crime. Electronic Information Manipulation Crimes themselves are a frequent occurrence in Indonesia. There are many court rulings that judge electronic information manipulation crimes; one of them is the ruling of the Medan State Court with registration number 542/Pid.Sus/2022/PN Mdn, where the accused is named Angga Risnawan. The date of birth of the accused is 22 years of private employment. The accused was found guilty of committing “those who committed, ordered, and accompanied acts intentionally and without the right or against the law of manipulating, creating, altering, eroding, or corrupting electronic information and/or electronic documents with the aim of making the electronic information and/or electronic document considered authentic data
Juridical Review Of The Enforcement Of Criminal Laws For Illegal Tobacco Trafficers Without Excise Reviewed From Legislationconcerning Excise Reimanda Zepanta Ginting; Andry Syafrizal Tanjung; M. Hary Angga Pratama Sinaga
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1210

Abstract

The case of the circulation of illegal goods, especially cigarettes without duty in Tanjung Balai City, is a case that is attracting serious attention, because there were a lot of catches by Teluk Nibung Customs and Excise officers during the 2021 to 2022 period, in the form of 2,313,172 cigarettes. With a total value of goods of Rp. 9,840,000,000.00 (nine billion eight hundred and forty million rupiah) with a total potential state loss of Rp. 3,913,000,000.00 (three billion nine hundred and thirteen million rupiah). This research aims to determine the factors causing the circulation of illegal cigarettes without duty in Tanjung Balai, law enforcement against the circulation of illegal cigarettes without duty in Tanjung Balai, as well as obstacles and efforts to enforce the law on the distribution of illegal cigarettes without duty.The nature of research in writing a thesis uses descriptive analysis, the type of research uses Normative law while the data collection method uses Library Research, and the type of data in this research uses Secondary Data. Criminal acts regarding fake excise stamps and the use of used BKC excise stamps are regulated in Article 55 of Law no. 39 of 2007 and factors that can hinder the Directorate General of Customs and Excise and related agencies from effectively monitoring and enforcing the law on the distribution of illegal tobacco in the city of Medan are the lack of public awareness of illegal tobacco, weak supervision and enforcement carried out by the relevant authorities. , there is still a lack of awareness of Tobacco producers in producing illegal Tobacco. The government is expected to increase State revenues from the excise sector along with efforts to safeguard State revenues and issue several strategic policies, namely by neutralizing the market for Illegal Tobacco products.
EFFORTS TO OVERCOME CRIMINAL ACTS OF NARCOTICS ABUSE Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.324

Abstract

Narcotics abuse has a very bad impact on the continuity of a nation's generations. To anticipate this, cooperation from all components of society, such as families, from school to university level, and the government must be united in efforts to prevent narcotics in the surrounding environment. The formulation of the research problem is: 1) How is the police investigation process organized for perpetrators of narcotics abuse? 2) What efforts are made by law enforcers to prevent narcotics abuse? This is a normative research with sources of legal materials in this research being primary and secondary legal materials, techniques for collecting legal materials using documentation recording methods and reading statutory regulations related to the problem and analyzed using qualitative descriptive. From the results of observations and research, the police were given authority to carry out investigations and investigations up to the filing of P-21, the Police carry out investigations if there is a report; caught. The implementation of the investigation originates from three things as stated in the Criminal Procedure Code, steps that must be taken by all levels of society in efforts to prevent and control Narcotics in the community, including: 1. Promotive Methods, 2. Preventative Methods, 3. Repressive Methods, 4. Curative Methods, 5 Rehabilitation.
Jurisdictional Analysis of Diversion for Children Accusing the Crime of Child Rape: Case Study Number 45/Pid.sus-Child/2022/PN Mdn Shintauli Sihombing; Andry Syafrizal Tanjung
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.63

Abstract

Children are a valuable treasure for parents. This is proven when married couples or parents who do not or have not had offspring or children then they try to find or get them even though they spend a lot of possessions. Likewise with the country. Both developed and developing countries really need children as the nation's successors. As world civilization continues to develop, parents are increasingly unwilling to give birth or have children for various reasons.The research specifications used in this research are analytical descriptive, that is, trying to describe or describe events and occurrences without carrying out hypotheses and statistical calculations. The data obtained will be presented systematically, the data required in this research is secondary data and primary data. This research is descriptive analysis, descriptive analysis, namely research aims to describe in detail, systematically and comprehensively everything related to this research problem and also normative juridically, namely research based on Ministerial regulations, books, along with analyzing Decision Number 45 /Pid.Sus-Anak/2022/Pn Mdn. Law Number 11 of 2012 concerning the Juvenile Justice System has the most basic substance in this law, namely the strict regulation of Restorative Justice and Diversion which is intended to keep children away from the justice process and avoid stigmatization of children who are in conflict with the law and are expected to can return to the social environment naturally. Factors that cause children to become perpetrators of criminal acts of sexual intercourse are due to causes in the form of environmental factors, faith factors, Social and Cultural Factors in the form of social and cultural factors can also influence children's views on sexuality and violence. Criminal acts committed by children must normatively seek diversion while still paying attention to the diversion requirements as regulated in Article 7 of the Juvenile Criminal Justice System Law. However, from the cases studied by the author, based on the District Court Decision, namely Decision Number 45/Pid.Sus-Anak/2022/Pn Mdn, the case does not meet the legal requirements for diversion even though the perpetrator is a child.
The Implementation Of Prosecution Termination Based On Restorative Justice In Traffic Accident Cases Resulting In Death Due To Negligence At The Asahan District Prosecutor's Office Yosia Korintin Marpaung; Andry Syafrizal Tanjung; Syahranuddin
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 5 No. 2 (2024): October 2024
Publisher : CERED Indonesia Institute

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Abstract

Traffic accidents resulting in fatalities due to driver negligence are one of the crimes that often occur in Indonesia, including in Asahan Regency. In many cases, this incident was not done intentionally, but purely due to unplanned negligence (culpa).This type of research uses an empirical legal research method, this research combines a normative approach (statutory regulations and legal doctrine) and an empirical approach (observation of practices in the field), especially at the Asahan District Attorney's Office.Termination of prosecution based on restorative justice is regulated in the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This approach emphasizes the restoration of the original state and the restoration of relations between the perpetrator, victim, and community, rather than on retaliation through punishment. The application of termination of prosecution based on Restorative Justice to traffic accident cases due to negligence resulting in death at the Asahan District Attorney's Office in the application of restorative justice at the Asahan District Attorney's Office has been carried out in accordance with applicable regulations. In cases of traffic accidents due to negligence resulting in death, termination of prosecution can be carried out if the victim or his/her family has forgiven the perpetrator and a peaceful agreement is reached without any coercion or pressure and intimidation. The Public Prosecutor has an important role in facilitating this process and the Public Prosecutor as a facilitator ensures that formal and substantive requirements are met.
Persepsi Hakim Pengadilan Tinggi Medan terhadap Keadilan dalam Proses Pengambilan Keputusan Vinna ApriskaPutri Siregar; Andry Syafrizal Tanjung
Juris Sinergi Journal Vol. 1 No. 2 (2024): JSJ-September
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v1i2.69

Abstract

Persepsi Hakim mengenai keadilan memiliki dampak besar terhadap keputusan yang diambil. Proses yang dilalui hakim dalam pengambilan keputusan tidak hanya melibatkan penerapan hukum secara formal, tetapi juga membutuhkan keterampilan untuk menyeimbangkan berbagai unsur, seperti kepastian hukum, keadilan untuk pihak-pihak terkait, dan dampak sosial dari keputusan tersebut. Namun, dalam praktiknya, pengambilan keputusan sering kali terhambat oleh berbagai tantangan, seperti tekanan publik, pengaruh politik, serta kemungkinan konflik kepentingan yang dapat memengaruhi independensi hakim dalam membuat keputusan yang adil. Metode yang digunakan dalam penelitian ini adalah kualitatif deskriptif yang mencakup wawancara dengan hakim di Pengadilan Tinggi Medan mengenai pandangan mereka tentang keadilan dalam proses pengambilan keputusan. Temuan penelitian ini bertujuan untuk memberikan wawasan tentang pandangan hakim di Pengadilan Tinggi Medan dan faktor-faktor yang memengaruhi pandangan hakim tentang keadilan. Tanggung jawab dan kode etik hakim sangat penting untuk memastikan tercapainya keadilan, kepastian, dan manfaat hukum.
Legal Analysis Of Restorative Justice In The Settlement Of Theft Cases Based On Prosecutor's Regulation No. 15 Of 2020 And Islamic Law Andry Syafrizal Tanjung; Beby Sendy; Gian Randa Juangsah
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i1.593

Abstract

The law is made to maintain a balance between the interests of individuals, groups and other living beings. The Attorney General of the Republic of Indonesia has issued Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecutions Based on Restorative Justice, this is to provide solutions to problems in handling cases for theft crimes regulated in the regulation. In Islamic law, the settlement of cases of theft can also be resolved by peace based on justice, this is based on the Qur'an, Ash-Shuraa': 40 and the Qur'an surah al-nisaa‟ verse 149.
THE ROLE OF THE PADANG LAWAS RESORT POLICE'S DRUG RESEARCH UNIT IN HANDLING OFFENSES DRUG CRIMINAL Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung; Ismaidar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1597

Abstract

Drug crimes are special crimes regulated in Law number 35 of 2009 concerning Narcotics crimes. The research aims to find out the role of the Padang Lawas Police Drug Investigation Unit in handling drug crimes, what obstacles are experienced in the investigation process for handling drug crimes. The type of research used is empirical juridical research (field study). This research is descriptive in nature, the location of this research was carried out at the Padang Lawas Resort Police Drug Research Unit. The subject of this research is the police who have the authority to handle drug crimes in the Padang Lawas Resort Police Drug Investigation Unit. Data collection techniques were carried out by means of observation, interviews, document study. The research results show the role of the Padang Lawas Resort Police's drug investigation unit in accordance with Law Number 2 of 2002 concerning the Republic of Indonesia Police and Law no. 35 of 2009 concerning Narcotics Crimes, the obstacles experienced in the investigation process are,Lack of budget, inadequate facilities and infrastructure, lack of drug investigation personnel, a culture of society that still covers things up, each perpetrator being tied to each other and changing illegal crime techniques, in terms of efforts to overcome these obstacles, the Padang Resort Police Narcotics Investigation Unit Lawas making the village drug-free is a solution to minimizing the illegal circulation of drugs.
Co-Authors Beby Sendy Gian Randa Juangsah Ismaidar I, Ismaidar M. Hary Angga Pratama Sinaga MHD AZHALI Siregar Mhd. Ihwanuddin Hasibuan Muhammad Rafandi Harahap Reimanda Zepanta Ginting Shintauli Sihombing Sony Prayudha Winata Sumarno . Syahranuddin Vinna ApriskaPutri Siregar Yosia Korintin Marpaung