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Criminal Law Policy in Addressing Transnational Crimes Against Cases of Human Trafficking Harefa, Jesslyn Elisandra; Ramadani, Suci; Sahlepi, Muhammad Arif
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.v5i4.470

Abstract

Human trafficking is a form of transnational crime that has a broad impact on security, public order, and human rights. This crime involves cross-border networks with increasingly complex modus operandi, necessitating comprehensive and adaptive criminal law policies. This study aims to analyze criminal law policies addressing human trafficking in Indonesia, with an emphasis on prevention, prosecution, and victim protection. The method used is normative legal research with legislative, conceptual, and comparative approaches. The analysis shows that combating human trafficking requires synergy between national regulations, international cooperation, increased capacity of law enforcement officials, and effective victim protection mechanisms. Furthermore, integrating criminal law policies with social, economic, and employment policies is crucial to addressing the root causes of this crime. This study concludes that the success of criminal law policies in addressing human trafficking is largely determined by consistent implementation, official commitment, and public participation.
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

Abstract

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.
Implementation of Legal Protection for Children as Victims of Domestic Violence in Lau Gumba Village Muhammad Arif Sahlepi; Tumiran Tumiran; Charles Rangkuti; Syafira Ardani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

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
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: 10.54443/morfai.v6i2.4990

Abstract

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.
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 4 (2025)
Publisher : Utan Kayu Publishing

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

Abstract

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 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

Abstract

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.
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