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Muhammad Arif Sahlepi

Universitas Pembangunan Panca Budi

Author-ID : 4008797

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Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana Nugraha Manuella Meliala; Ismaidar; Muhammad Arif Sahlepi
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.

Legal Regulations Regarding Criminal Acts of Fraud Against Civil Service Candidates Committed by Civil Servants Yudhistira, Bonar; Arif Sahlepi, Muhammad; Ramadani, Suci; Rahmayanti, Rahmayanti; Ismaidar , Ismaidar
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1822

Regarding the criminal act of fraud in the recruitment of civil servants involving corrupt civil servants, the author believes that Article 378 of the Criminal Code should be maximally applied to the defendant. This crime not only constitutes an individual offense but also undermines public trust, meritocracy, and good governance principles, causing both personal and institutional harm. Hence, the sentence of 1 year and 8 months imposed on Suwari Bin Sukadar by the Mojokerto District Court (Register Number 182/Pid.B/2024/Pn Mjk) seems too light and may not effectively deter potential offenders.

THE URGENCY OF IMPLEMENTING THE STANDARD OF PROOF IN CRIMINAL CASE TRIALS FOR THE DISCLOSURE OF MURDER OFFENSES Restika Ndruru; Muhammad Arif Sahlepi; Muhammad Azhali Siregar
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19237998

The crime of murder is classified as a serious offense because it involves the loss of life, which constitutes the most fundamental human right. The judicial process for the perpetrator must be conducted meticulously, transparently, and fairly. One of the key elements in criminal law enforcement to uncover the truth in murder cases is the standard of proof, namely the judge’s conviction based on at least two valid pieces of evidence as stipulated in Article 183 of the Indonesian Criminal Procedure Code (KUHAP). This study employs a normative juridical approach, which views law as a binding written norm that serves as the basis for resolving legal issues. Data were collected through library research by examining and analyzing various relevant sources such as books, journals, articles, and other scholarly works, both printed and online. The data were analyzed qualitatively, focusing on the examination of legal materials derived from legislation, literature, and related documents.

Implementation of Legal Protection for Children as Victims of Domestic Violence in Lau Gumba Village Sahlepi, Muhammad Arif; Tumiran, Tumiran; Rangkuti, Charles; Ardani, Syafira
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4481

This research aims to determine the implementation of legal protection for children as victims of domestic violence in Lau Gumba Village and to determine the obstacles faced in providing protection for children as victims of domestic violence. This research was conducted at the Berastagi District Police and the Berastagi District Prosecutor's Office using technical observation or direct observation and interviews, namely by communicating directly through interviews with several Berastagi District Police legal officers and other informants as well as distributing questionnaires to prosecutors at the Berastagi District Prosecutor's Office. In relation to the legal protection of children which has been stipulated in Law Number 23 of 2002 jo Unbdang - Law Number 35 of 2014 and Law Number 13 of 2006 concerning the protection of witnesses and victims which is the basis of the 1945 Constitution of the Republic of Indonesia as a rule that guarantees legal protection towards children who are victims of domestic violence. The author will provide an overview of the forms of legal protection for children who are victims of domestic violence in Lu Gumba Village which are not optimal from the perspective of Law Number 23 of 2002. The obstacles faced in providing legal protection for children as victims of violence in the household, namely: traditional constraints, psychological constraints of children and the constraints of ignorance of the children themselves and society. As well as several obstacles faced by law enforcement officers

Evaluation Of The Application Of Additional Punishment For Chemical Castration In Handling Perpetrators Of Sexual Violence Against Children Is Reviewed From Government Regulation (Pp) Number 70 Of 2020 Concerning Procedures For The Implementation Of Chemical Castration Israq, Yoldy; Ramadani, Suci; Sahlepi, Muhammad Arif
Journal of Research in Social Science and Humanities Vol 6, No 1 (2026): March 2026
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v6i1.571

This study aims to evaluate the application of additional punishment in the form of chemical castration to perpetrators of sexual violence against children as stipulated in Government Regulation (PP) Number 70 of 2020 concerning Procedures for the Implementation of Chemical Caster. The birth of the PP is the government's effort to provide maximum protection for children as victims of sexual crimes, as well as a form of deterrent effect for perpetrators. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data was obtained through literature studies by examining laws and regulations, legal doctrines, and related literature. The results of the study show that the application of chemical castration punishment still faces a number of challenges, both from the judicial, medical, and human rights aspects. From a juridical perspective, Government Regulation No. 70 of 2020 has provided technical guidelines related to the implementation mechanism, but there are still gaps in synchronization with other regulations, including the Criminal Code and health-related laws. From a medical perspective, chemical castration procedures require professional medical personnel and adequate health facilities, while from a human rights perspective, there is a debate about the relevance of this punishment to the principle of respect for human dignity. Thus, an evaluation of the application of chemical castration needs to be carried out comprehensively in order to ensure the protection of children's rights without ignoring the principles of justice and humanity.

Law Enforcement in Uncovering the Perpetrators of Fraud Crimes Committed by BRI Link Employees Elisabeth Saragih; Muhammad Arif Sahlepi; Muhammad Azhali Siregar
Journal of Research in Social Science and Humanities Vol 5, No 2 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i3.465

Law enforcement is a crucial element in maintaining order and justice within society, particularly in addressing increasingly complex fraud crimes involving various parties, including financial institution employees. Fraud committed by BRI Link employees has serious implications for customer trust and the stability of the banking system. This study aims to examine the mechanisms of law enforcement in uncovering the perpetrators of fraud crimes committed by BRI Link employees and to identify the obstacles encountered in the enforcement process. The research employs a normative juridical method with statutory and case approaches. The study finds that the ambiguous legal status of BRI Link agents constitutes a major obstacle to law enforcement. The investigation process often faces challenges such as insufficient physical evidence, the dominance of digital evidence, and limited access to bank data. The complexity of technology and fragmented regulations further hinder investigations. Based on normative jurisprudence, Article 378 of the Indonesian Criminal Code (KUHP) serves as the main legal basis for prosecuting fraud crimes, while the Banking Act and Consumer Protection Act govern the rights and responsibilities of victims. To enhance the effectiveness of law enforcement, regulatory harmonization, investigator capacity building, and inter-institutional cooperation are essential

The Role of the Asahan Resort Police Samapta Unit in Handling Misdemeanor Crimes through a Restorative Justice Approach Siahaan, Hotlan Wanto; Sahlepi, Muhammad Arif; Rahmayanti, Rahmayanti
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.608

This study discusses the role of the Asahan Resort Police Samapta Unit in handling minor crimes through the application of a restorative justice approach. As one of the operational functions of the police, the Samapta Unit has the main task of maintaining public security and order, including rapid response to violations and misdemeanors. Through the restorative justice approach, Samapta seeks to resolve cases by prioritizing the restoration of relationships between perpetrators, victims, and the community, as well as minimizing lengthy judicial processes. The results of the discussion show that the role of Samapta includes preventive, responsive, and solutive actions through mediation, peace facilitation, and assistance in the peaceful case settlement process. The application of this approach is considered to be able to increase the effectiveness of case handling, reduce the burden of formal law enforcement, and strengthen public trust in the National Police. However, its success is still influenced by personnel commitment, supporting regulations, and active participation from related parties. This study emphasizes that the optimization of restorative justice by the Samapta Unit can be a strategic alternative in handling minor crimes that are more humane, fast, and just

The Crime Of Child Grooming As Digital Sexual Harassment In The Perspective Of Perpetrator Accountability According To Laws And Regulations In Indonesia Syavica, Zahrana; Sahlepi, Muhammad Arif; Rahmayanti, Rahmayanti
Journal of Research in Social Science and Humanities Vol 5, No 3 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.531

The phenomenon of child grooming that develops through digital media is a form of modern sexual violence that poses a serious threat to children as a vulnerable group. This practice is carried out by the perpetrator establishing communication, building closeness, and psychological manipulation of children for the purpose of sexual exploitation. This research aims to examine the criminal act of child grooming as a form of digital sexual violence and analyze the legal accountability of perpetrators according to laws and regulations in Indonesia. The research method used is normative juridical research with a legislative and conceptual approach. The results of the study show that the crime of child grooming has been regulated in Law Number 17 of 2016 concerning Child Protection and Law Number 12 of 2022 concerning the Crime of Sexual Violence. Both regulations affirm that perpetrators can be sentenced to criminal sanctions, either in the form of imprisonment or additional penalties, taking into account the aspect of child protection as a victim. Thus, the accountability of child grooming perpetrators not only emphasizes on the criminal aspect, but also on the prevention and recovery of victims.

Legal Protection for Doctors Providing Health Services: A Study of Decision Number 365 K/Pid/2012 Mahruzar, Rudi; Simarmata, Marice; Sahlepi, Muhammad Arif
Jurnal Multidisiplin Indonesia Vol. 5 No. 4 (2026): (2026): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v5i4.2672

Legal protection for doctors in the provision of health care services remains an important issue within the Indonesian legal system. This study analyzes the application of the principle of lex posterior derogat legi priori in Supreme Court Decision Number 365 K/Pid/2012 as well as the legal protection afforded to doctors. Objectives: a. To determine how the principle of lex posterior derogat legi priori is applied in the case of Supreme Court Decision Number 365 K/Pid/2012. b. To determine how legal protection is provided to doctors who deliver medical services to patients. The method used is normative juridical research with a statutory approach, a conceptual approach, and a case study of Supreme Court Decision Number 365 K/Pid/2012. Results: In Supreme Court Decision Number 365 K/Pid/2012, a normative conflict occurred between the Criminal Code (KUHP) as general criminal law and the Medical Practice Law as a newer and more specific law. The judicial review decision that acquitted the defendant reflects the application of the principle of lex posterior derogat legi priori as well as the positioning of criminal law as ultimum remedium. In the context of current positive law, the enactment of Law Number 17 of 2023 on Health and Criminal Code Number 1 of 2023 further strengthens legal protection for doctors who carry out their practice in accordance with professional standards and operational procedures. 1. Supreme Court Decision Number 365 K/Pid/2012 demonstrates the application of the principle of lex posterior derogat legi priori. 2. The importance of legal protection for doctors

Law Enforcement on State Intelligence Strengthening in Countering Information System Hacking as a Threat to Sovereignty in North Sumatera Manurung, Krismanto; Arif Sahlepi, Muhammad; Ramadani, Suci
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2235

This study aims to analyze law enforcement on strengthening state intelligence in an effort to counteract information system hacking as a form of cybercrime that has an impact on national stability and security. The research method used is normative juridical with a legislative and conceptual approach, through a study of relevant regulations such as the Law on Information and Electronic Transactions as well as provisions on state intelligence and cyber defense. The results of the study show that strengthening the state intelligence function, both through increasing the capacity of early detection, coordination between institutions, and optimizing the legal apparatus, is a crucial factor in preventing and overcoming information system hacking. However, there are still challenges in the form of limited resources, regulatory harmonization, and cross-sector collaboration. Therefore, continuous synergy is needed between law enforcement officials, intelligence agencies, local governments, and the community to strengthen the cybersecurity system as part of protecting state sovereignty in the digital era.

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

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