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Muhammad Arif Sahlepi

Universitas Pembangunan Panca Budi

Author-ID : 4008797

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IMPLEMENTATION OF PREVENTION AND ERADICATION OF NARCOTICS ABUSE AND ILLEGAL DISTRIBUTION AT THE BNN OF NORTH SUMATERA PROVINCE Wildan Fahriza; Muhammad Arif Sahlepi; Rahmayanti
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.40

This study analyzes the effectiveness of the implementation of Law Number 35 of 2009 concerning Narcotics in North Sumatra Province, focusing on the role of the National Narcotics Agency (BNN) in the Prevention, Eradication, Abuse, and Illicit Trafficking of Narcotics (P4GN) program. A juridical-sociological approach is used to evaluate how this law is implemented in a complex social context, as well as how factors such as coordination between institutions, rehabilitation capacity, and community acceptance affect its effectiveness. The findings show that the implementation of this law is often limited to ceremonial activities and is not accompanied by effective follow-up. In addition, limited rehabilitation facilities and lack of coordination between law enforcement agencies are major obstacles. This study recommends the adoption of a more comprehensive approach, including the possibility of legalizing marijuana with strict supervision, which has proven effective in developed countries in reducing the demand for heavy narcotics. This approach should be based on Soerjono Soekanto's law enforcement theory and the principle of maslahah in Islamic law, which emphasizes the importance of community welfare and prevention of harm. Thus, the P4GN policy in North Sumatra can be strengthened to provide maximum benefits and prevent the negative impacts of drug abuse.

Protection Law To Child: (Based on Constitution Number 35 of 2014 concerning Change on Constitution Number 23 Year 2002 about Protection Children (“Law 35/2014”)) Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi
International Journal of Law and Society Vol. 2 No. 3 (2025): 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.v2i3.691

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.

THE AUTHORITY OF THE PUBLIC PROSECUTOR IN CARRYING OUT CONFISCATION OF EVIDENCE OF CORRUPTION CRIMINAL ACTS IN PROSECUTION STAGE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.144

The Criminal Procedure Code (KUHAP) expressly authorizes investigators to confiscate in order to maintain the security and integrity of these objects, but the confiscation must be based on the conditions and procedures determined by law and the confiscation is intended for the purpose of proof, especially as evidence in court. The research method used is a normative juridical research approach, namely an approach carried out by examining theoretical approaches, concepts, reviewing laws and regulations related to the implementation of the authority of the Public Prosecutor in confiscating evidence of corruption crimes at the Prosecution Stage. Based on research that the legal process of confiscating evidence of corruption by the Public Prosecutor at the Prosecution Stage, if during the trial legal facts are found related to the defendant's assets that have not been confiscated at the investigation stage, then the Public Prosecutor can submit a request for confiscation permission to the Panel of Judges then after being granted then the Panel of Judges issues a Determination of Confiscation Permit from the Panel of Judges, Furthermore, the Public Prosecutor in following up on the determination makes a Minutes of Implementation of the Judge's Determination and Minutes of Implementation of Confiscation which are then attached to the case file and stated in the indictment regarding evidence.

AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.

LEGAL PROTECTION FOR DOCTORS IN THE CHALLENGE OF MEDICAL REFERRAL FOR PRISONERS AT CLASS II B LUBUK PAKAM PRISON INSTITUTION Emmeninta Florensia Surbakti; Muhammad Arif Sahlepi; Rahmayanti, Rahmayanti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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

There is a significant misalignment between existing regulations and practices on the ground, which not only hinders timely medical services but also places doctors at high legal risk. Law Number 22 of 2022 concerning Corrections and Government Regulation Number 32 of 1999 provide a legal framework for prisoner health services but their implementation often experiences obstacles. The research method used is empirical with data collection through direct observation and in-depth interviews with prisoners, doctors, and administrative staff. This study aims to understand in real terms how health services are provided and identify gaps between policy and daily practice. The study found that long and complicated bureaucratic processes and lack of adequate facilities are major obstacles to effective health care provision in prisons. Doctors are often reluctant to immediately refer prisoners to outside facilities without the approval of the prison warden, even if the patient’s medical condition requires immediate treatment. Based on these findings, the study recommends bureaucratic reforms to streamline the medical referral process, regular training for prison wardens and administrative staff, and stronger legal protection for doctors. The study underscores the importance of closer integration of prison health services with the national health system and strengthening oversight mechanisms to ensure effective and humane implementation of regulations.

LEGAL PROTECTION FOR CHILDREN Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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

The purpose of this study is to determine the forms of violence against children and the legal protection provided to children as victims of crime under Indonesian criminal law. Legal protection for children is a crucial issue that requires serious attention from various parties, including the government, society, and families. Children have fundamental rights that must be protected to ensure their proper growth and development. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, as well as the challenges and solutions that can be implemented to improve legal protection for children.

Law Enforcement Against Perpetrators of Domestic Violence in the Tual Regional Police Jurisdiction: A Research Study at the Tual Regional Police Sihombing, Yossri Mantaw; Sumarno; Muhammad Arif Sahlepi
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 1 (2025): Mei 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i1.1348

Law enforcement against perpetrators of physical violence in the household is an important part of protecting victims, especially women. This study aims to analyze the factors causing physical violence in the household, the efforts to overcome it carried out by the Tual Police, and the forms of law enforcement against perpetrators. This study uses a descriptive analytical method with a normative and sociological juridical approach. Data were obtained through interviews, observations, documentation, and literature studies. The results of the study indicate that the factors causing Domestic Violence in the jurisdiction of the Tual Police include alcohol abuse, economic problems, infidelity, and low legal education. The Tual Police have made efforts to overcome this through preventive and repressive measures, but the implementation of law enforcement still faces obstacles such as withdrawal of reports by victims, lack of facilities, and limited human resources. This study recommends increasing the capacity of law enforcement officers and public education as an effort to strengthen the protection system for victims of Domestic Violence.

Law Enforcement Against Perpetrators of Assault Crimes in the Jurisdiction of Tapanuli Utara Police towards Victims Who Have Died Habeahan, Delianto; Ismaidar; Muhammad Arif Sahlepi
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 1 (2025): Mei 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i1.1349

Law enforcement is the process of applying the law carried out by authorized parties in society to ensure that the law is implemented and obeyed by every citizen. This process involves security apparatus and courts that are responsible for examining and processing actions that violate the law as well as imposing sanctions on those proven guilty. Law enforcement against offenders of assault that causes the victim's death is regulated in Article 351 paragraph 3 of the Criminal Code, which addresses the crime of assault resulting in death. It states that if the act is assault that results in death, the guilty will be punished with a maximum prison sentence of 7 (seven) years. This research uses normative legal research by examining literature sources to obtain materials in the form of theories, concepts, principles, and legal regulations related to law enforcement against perpetrators of assault in the jurisdiction of the North Tapanuli Police towards victims who have died.

Law Enforcement Against the Criminal Acts of Lobster Seed Smuggling in West Tanjung Jabung Regency : Study of Case Register Decision Number: 144/Pid.Sus/2023/Pn.Klt Daniel Edward Hernando Situmorang; Ismaidar Ismaidar; Muhammad Arif Sahlepi
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.707

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law is enforced by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt ), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

INTEGRATION OF CUSTOMARY LAW IN THE PRINCIPLE OF LEGALITY TOWARDS A JUST INDONESIAN CRIMINAL LAW SYSTEM Tonnes Gultom; Henry Aspan; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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

The principle of legality is the main pillar in criminal law which functions to guarantee legal certainty and protect human rights from arbitrary actions. In the Indonesian criminal law system, this principle is reflected in Article 1 paragraph (1) of the Criminal Code which states that no act can be punished except based on previously existing written legal provisions. However, the application of the principle of legality which is too positivistic and narrow is considered less relevant in a pluralistic Indonesian society which still upholds customary law as part of living social norms. This thesis aims to reconstruct the principle of legality in the Criminal Code so that it can accommodate living legal values in society (living law) without ignoring the principles of the rule of law and protection of human rights. The method used is a juridical-normative research with a historical, conceptual, and comparative legal approach. The results of the study show that the recognition of customary law in the criminal system has obtained constitutional legitimacy through Article 18B paragraph (2) of the 1945 Constitution and legal support in the 2022 Criminal Code Bill. The proposed reconstruction of the legality principle emphasizes the importance of a balance between written law and local values, through strict verification mechanisms, limitations on sanctions, and strengthening the capacity of law enforcement officers to understand legal pluralism. Thus, this reconstruction is expected to be able to create a national criminal law system that is more contextual, fair, and in accordance with the identity of the Indonesian nation.

Co-Authors , Rahul Ardian Fikri Abdul Rahman Maulana Siregar Ahmad Albar Alpino Apriyanto Siahaan Charles Rangkuti Christine Natalia Pangaribuan Daniel Edward Hernando Situmorang Deny Prabowo Dewa Sujira Emmeninta Florensia Surbakti Fahmy Syaputra Harahap Fazizullah Fazizullah Febrina Safitri Ferry Irmawan Firman Halawa Funna, Putri Khairani Habeahan, Delianto Halawa, Firman Hanifah Anas Hanifah Anas Harefa, Jesslyn Elisandra Hasibuan , Lidya Rahmadhani Hasiholan Simamora Hendra Agustinus Henry Aspan Hepy Krisman Laia Ismaidar Ismaidar , Ismaidar Ismaidar I, Ismaidar Jesslyn Elisandra Harefa Juni Hendrianto Karolus Agung Dery Rianto Kasim Kasim Ketaren, Eme Pepayosa Br Lailan Shafina Lubis, Hawani Mamanda Tarigan, Fitra Marlina, Marlina Marzuki Marzuki Marzuki Meliala, Nugraha Manuella MHD AZHALI Siregar Muhammad Azhali Siregar Muhammad Daud Tarigan Muhammad Fadhil Wibisana muhammad Yamin Lubis Mus Mulyadi Mustamam Mustamam Nasution, Chairuni Nelvita Purba Nugraha Manuella Meliala Nurita, Cut Pahala Raja Situmorang Pandu Hikma Winata Batubara Patar Banjarnahor Purba, Nelvita Purba, Nelvitia Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Ramadani, Suci Redyanto Sidi Redyanto Sidi Restika Ndruru Ris Piere Handoko Robby Yusuf Syahputra Robet Padli Robet Padli Romy Maranatha Ginting Sakina, Putri Yosida Saptha Nugraha Isa Saragih, Elisabeth Sastra Wirawan Shafina, Lailan Sihombing, Yossri Mantaw Simamora, Elsa Khairani Br Simamora, Hasiholan sinergilp, Zufarnesia Siregar, Fitria Ramadhani Siregar, Muhammad Azhali Siswandi Perwira Negara Siregar Sri Sulistyawati SRI UTAMI Sry Ningsih Saragih Sumarno Susanti, Rulita Susilawati Susilawati Suwardana, Rudi syafira ardani Syarifuddin Syarifuddin Syavica, Zahrana T. Ikhsan Ansyari Husny Tengku Mabar Ali Tengku Riza Zarzani N Tonnes Gultom Tumiran Tumiran Venny Zahara Wibi Eka Prabowo Wildan Fahriza Yamin Lubis Yasmirah Mandasari Saragih Yudhistira, Bonar Zamzam Mubarok

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