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Muhammad Arif Sahlepi

Universitas Pembangunan Panca Budi

Author-ID : 4008797

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EMPIRICAL STUDY OF THE APPLICATION OF CAN- ING AS A PUNISHMENT FOR VIOLATORS OF IS- LAMIC LAW IN ACEH PROVINCE (Case Study at the Satpol PP Office and Wilayatul Hisbah of Simeulue District) Mus Mulyadi; Rahmayanti; Muhammad Arif Sahlepi
International Journal of Society and Law Vol. 3 No. 2 (2025): Agust 2025
Publisher : Yayasan Multidimensi Kreatif

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

Aceh is a province with special status in Indonesia that has special authority in the imple- mentation of Islamic law, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. One form of its implementation is Qanun Aceh No. 6 of 2014 on Jinayat Law, which regulates a number of offences, including maisir (gambling), with penalties in the form of flogging, fines, or im- prisonment. This study aims to examine the application of flogging for maisir offenders in Simeulue Regency, covering the legal basis, implementation procedures, and level of effectiveness. The research questions include: (1) how flogging is applied to maisir offenders; (2) what are the stages of implemen- tation; and (3) to what extent is it effective in reducing violations. The research uses a qualitative de- scriptive method with a socio-legal approach. Data was obtained through literature review, field obser- vation, and interviews with Satpol PP and Wilayatul Hisbah officials, the Sharia Court, the prosecutor's office, and community leaders. The findings show that the application of flogging has a strong consti- tutional basis and is in accordance with the principles of Sharia law. The punishment is carried out openly in accordance with criminal procedure law and under the supervision of medical personnel. Statistics from the last five years show a decline in gambling cases from 11 cases in 2020 to 3 cases in mid-2024, reflecting a deterrent effect and increased public awareness of the law. However, obstacles such as limited human resources, supporting facilities, and cultural factors remain challenges. Overall, flogging is considered effective in reducing gambling offences, but institutional strengthening, inter- agency coordination, and continuous legal socialisation are still needed.

Procedures for Carrying Out Flogging Punishment Against Gamblers Applied in Simeulue District, Aceh Province Mus Mulyadi; Rahmayanti Rahmayanti; Muhammad Arif Sahlepi
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.50

Aceh is a province with special status in Indonesia that has special authority in the imple- mentation of Islamic law, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. One form of its implementation is Qanun Aceh No. 6 of 2014 on Jinayat Law, which regulates a number of offences, including maisir (gambling), with penalties in the form of flogging, fines, or im- prisonment. This study aims to examine the application of flogging for gambling offenders in Simeulue Regency, covering the legal basis, implementation procedures, and level of effectiveness. The research questions include: (1) how flogging is applied to gambling offenders; (2) what are the stages of imple- mentation; and (3) to what extent is it effective in reducing violations. The research uses a qualitative descriptive method with a socio-legal approach. Data was obtained through literature review, field observation, and interviews with Satpol PP and Wilayatul Hisbah officials, the Sharia Court, the pros- ecutor's office, and community leaders. The findings show that the application of flogging punishment has a strong constitutional basis and is in accordance with the principles of Sharia law. The implemen- tation is carried out openly in accordance with criminal procedure law and is supervised by medical personnel. Statistics from the last five years show a decrease in gambling cases from 11 cases in 2020 to 3 cases in mid-2024, reflecting a deterrent effect and an increase in compliance.

Peran Kepolisian Resor Binjai Dalam Pelaksanaan Restorative Justice Terhadap Tindak Pidana Penganiayaan Anak Robby Yusuf Syahputra; Rahmayanti; Sahlepi, Muhammad Arif
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12435

Indonesia as a country based on law based on Article 1 paragraph (3) of the 1945 Constitution provides special protection for children in conflict with the law. In this context, the Binjai Police Resort (Polres) has a strategic role in implementing Restorative Justice through different mechanisms as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze: (1) the application of Restorative Justice to juvenile criminal offenses at the Binjai Police Resort; (2) obstacles encountered in its implementation; and (3) the role of the Binjai Police Resort in realizing the goal of diversion. The research method used is empirical juridical with a qualitative approach. Data were obtained through document studies, direct observation, and in-depth interviews with the PPA investigation unit, victims, perpetrators, and community leaders. Data analysis was conducted descriptively-qualitatively with an emphasis on the effectiveness of the application of the law in practice. The results of the study show that the success rate of diversion at the Binjai Police is quite high, namely 72.7% in 2023 and 73.3% in 2024, although it decreased to 60% in 2025. Factors inhibiting the implementation of Restorative Justice include decreasing public understanding, resistance from victims, economic limitations of perpetrators, minimal child-friendly facilities, efforts to have certified human resources, monitoring, and suboptimal involvement.

LEGAL PROTECTION FOR VICTIMS OF IDENTITY THEFT IN THE CYBER SCOPE FROM THE PERSPECTIVE OF NATIONAL CRIMINAL LAW Deny Prabowo; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.78

This study critically and in-depth examines the form and effectiveness of legal protection for victims of cyber identity theft within Indonesia's national criminal law system. Although Indonesia has legal instruments such as the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), in reality, victim protection remains very weak, formalistic, and non-operational. Victims of digital crime are left to struggle alone in a legal system that is slow, procedural, and lacks empathy. The offender-centered legal approach marginalizes victims' rights, even though identity theft directly impacts the honor, reputation, and security of citizens. This study uses a normative juridical method with a conceptual approach, analyzing various laws and regulations, victimology theory, legal protection doctrine, and jurisprudence. The results show that in addition to the lack of regulation in the Criminal Code regarding data as an object of crime, there is still fragmentation between institutions, weak digital forensic support, and the absence of an appropriate and victim-friendly recovery mechanism. The state cannot simply provide norms; it must also establish a concrete, swift, and responsive system to ensure that victims of digital crime receive substantive justice. This research confirms that victim protection must be a key agenda for future Indonesian criminal law reform, not merely legalistic discourse ungrounded in reality.

Efektivitas Kebijakan Hukum Pidana dalam Menjamin Perlindungan Hak Asasi Manusia terhadap Korban Perdagangan Orang di Indonesia Jesslyn Elisandra Harefa; Suci Ramadani; Muhammad Arif Sahlepi
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.52

The rapid development of information technology has opened up opportunities for new threats to national security, one of which is information system hacking. Cyberattacks not only cause economic losses and disrupt public services but also pose a serious threat to Indonesia's digital sovereignty. In this context, state intelligence plays a strategic role as the vanguard in detecting, analyzing, and countering various threats to the country's strategic information systems. However, strengthening the state intelligence function in countering hacking crimes still faces various obstacles, ranging from immature regulations, weak inter-agency coordination, to limited technology and human resources. This study aims to assess the effectiveness of strengthening state intelligence in countering information system hacking and to formulate the urgency of updating national legal policy to support the formation of a strong, integrated, and professional cyber intelligence system. Using normative legal research methods supported by conceptual and case-based approaches, this study concludes that strengthening state intelligence requires regulatory updates, institutional integration, and investment in technology and human resources to safeguard national sovereignty in the digital era.

Legal Certainty of Criminal Liability for Money Laundering in Corruption Cases Commited by Members of the Indonesian National Kasim, Kasim; Sahlepi , Muhammad Arif; Ismaidar, Ismaidar
East Asian Journal of Multidisciplinary Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i5.9180

This study aims to investigate the effectiveness of the Cooperative Learning approach in improving students' critical thinking and learning outcomes. Critical thinking is a core skill required for effective learning, yet many students struggle to develop this ability. The Cooperative Learning approach has been recognised as effective in improving engagement, collaboration and understanding of concepts in learning. However, research specifically exploring the impact of the Cooperative Learning approach on critical thinking and learning outcomes is limited. This research used a qualitative desk study approach to investigate the role of Cooperative Learning in improving critical thinking and learning outcomes. An in-depth literature review was conducted to gather evidence from various previous studies relevant to this topic. The results showed that the Cooperative Learning approach has a positive impact in improving students' critical thinking.

THE COMPARATIVE LAW ON THE CRIME OF SEXUAL VIOLENCE BETWEEN INDONESIA AND THE UNITED KINGDOM Sahlepi, Muhammad Arif; Nurita, Cut
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.35287

The sexual violence is often experienced by women although it does not rule out the possibility that men can also experience sexual harassment. Each country has different regulations from one another regarding the definition, regulation and punishment of the Crime of Sexual Violence, as well as Indonesia and the United Kingdom. The type of research used is normative legal research or juridical normative, namely legal research based on examining library materials or secondary data materials which include research on legal norms. The purpose of this research is to analyze the legal regulation of criminal acts of sexual violence in Indonesia and legal comparison of criminal acts of sexual violence between Indonesia and the UK. So far, cases of sexual violence that mostly occur against women and children, including boys, are often just drowned and difficult to reveal. When they enter the legal process, it is not necessarily going to provide justice to victims. There are things done in the UK that Indonesia can emulate. For example, the Reynhard case came to light because at the University of Manchester there is a telephone complaint service, which offers support for victims of sexual violence or for those affected.

Legal Review Of The Leakage Due To Misrepresentation Of Local Original Revenue Funds In Tebing Tinggi City In 2025 Saptha Nugraha Isa; Muhammad Arif Sahlepi; Suci Ramadani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.155

Tebing Tinggi City Regional Regulation Number 1 of 2024 serves as the basis for collecting Regional Taxes and Regional Levies, including in the entertainment sector. However, the implementation of night market entertainment at Sri Mersing Field showed a significant leakage of Regional Original Revenue (PAD). An investigation by the Anti-Corruption Community Communication (KOMAKI) revealed potential regional losses reaching more than IDR 439 million from the activities that took place from April 22 to June 5, 2025. This loss came from various levies such as food, beverages, parking, entertainment, advertising, and cleaning that were not paid legally, even though they were included as tax objects according to Article 23 and Article 27 of Regional Regulation No. 1 of 2024 concerning Regional Taxes and Regional Levies. Strong suspicions point to systematic tax evasion by legal entity night market organizers (corporations). This violation is not only administrative in nature, but has the potential to become a criminal offense based on Article 102 of Regional Regulation No. 1 of 2024 in conjunction with Article 181 of Law No. 1 of 2022, and can even be qualified as a criminal act of corruption by corporations according to Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Therefore, the importance of law enforcement for economic crimes that reaches structural aspects, including apparatus accountability and public oversight, is key to preventing systemic neglect in regional governance. This article aims to evaluate the form of violation of the Law on Misappropriation of Regional Original Revenue Funds. Normative legal research with field data shows an element of intent in tax evasion. Therefore, firm legal steps are needed to prevent repeated losses and strengthen the regional government oversight system. This approach is in line with the ideal of Law (Dassolen) to bridge intentionality with empirical reality (Dassein).

Criminal Execution Of Payment Of Compensation What The Public Prosecutor Did In The Case Of Corruption Christine Natalia Pangaribuan; Suci Ramadani; Muhammad Arif Sahlepi
International Journal of Society and Law Vol. 3 No. 3 (2025): December 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i3.649

This study analyzes the effectiveness and challenges of the Public Prosecutor (JPU) as the sole executor in carrying out the penalty of paying substitute money (UP) in corruption cases. Replacement money, which is regulated in Article 18 of the Corruption Law, is an additional criminal sanction that is essential to recover state financial losses (asset recovery). This normative-empirical legal research identifies that normatively the prosecutor has the strong authority to confiscate and auction the assets of the convict if the UP is not paid within one month. However, in practice, the prosecutor faces significant obstacles, mainly due to: 1) The act of transferring the convict's assets triggers a lawsuit against a third party (derden verzet), which delays the execution process; and 2) Technical limitations in asset tracing to track assets disguised through money laundering schemes. It was concluded that it is necessary to strengthen synergy between institutions and the optimal use of TPPU legal instruments to ensure the success of asset recovery and achieve restorative criminal law goals.

Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana Meliala, Nugraha Manuella; Ismaidar; Sahlepi, Muhammad Arif
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 3 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Maret - April 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i3.1961

This research aims to evaluate the effectiveness of the implementation of restorative justice by the District Court of Medan in achieving legal certainty for all parties involved in the legal process. The research method used is normative juridical legal research, focusing on written regulations and other legal materials. Data collection is conducted through literature review to explore concepts, theories, or opinions regarding Legal Certainty in the Implementation of Restorative Justice. The analysis is qualitative, explaining the relationship between types of data, selection, and data processing to be systematically outlined. The conclusion of the analysis will include answers to the issues raised and evidence of the truth or falsity of the hypotheses proposed. The results of the research indicate that the Indonesian Criminal Justice System has undergone renewal with the introduction of the concept of restorative justice. This involves perpetrators, victims, and other stakeholders in seeking fair solutions and peace after criminal events. The Public Prosecutor's Office plays a crucial role in prosecution, and the principle of "enn en ondeelbaar" asserts its functional unity. Restorative Justice has been regulated in laws and regulations, providing opportunities for victims and perpetrators to participate in peaceful case resolution. Restorative Justice offers an alternative to criminal case resolution outside the courtroom, focusing on restoration and reconciliation. In the District Attorney's Office of Medan, the process requires detailed administration. The regulation of victim protection in criminal law is stipulated in Indonesian positive law. Restorative Justice is applied in the general court environment with the aim of creating legal certainty and justice for all parties involved. Legal certainty in the application of Restorative Justice allows for various alternative handling of criminal offenses outside the courtroom, such as out-of-court settlements. This can reduce case backlog and high costs, as well as shorten the resolution process compared to litigation. Restorative Justice also prioritizes substantive justice with a focus on the interests of victims and restoring conditions to pre-criminal levels.

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

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