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JURIDICAL REVIEW OF THE IMPLEMENTATION OF THE PRINCIPLES OF JUSTICE IN JUDGES' DECISIONS IN LAND DISPUTE CASES Rolando Marpaung; Micael Jeriko Damanik; Parlindungan Purba; Elfrida Feronika
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.23

Abstract

Land disputes are disputes that arise due to conflicts of interest over land. Land disputes cannot be avoided nowadays. This requires improvements in the field of planning and use of land for the welfare of society and most importantly legal certainty therein. The government has made various efforts to resolve land disputes quickly in order to avoid the accumulation of land disputes, which can be detrimental to the community because the land cannot be used because the land is in dispute1. Legal resolution efforts regarding land disputes or disputes are regulated in Presidential Decree no. 20/2015 concerning the National Land Agency (BPN) Article 3 points 3 and 4 states that the Head of BPN has the task of carrying out policies in the field of determining land rights, land registration and community empowerment as well as in the field of regulating, structuring and controlling land policy.
LEGAL PERSPECTIVE ON AGRARIAN CONFLICT IN INDUSTRIAL DEVELOPMENT IN INDONESIA Dikki Saputra Saragih; Micael Jeriko Damanik; Parlindungan Purba; Dewi Riama
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.24

Abstract

Government policy in the industrial sector is considered 'failed' in industrialization in Indonesia because it ignores the culture of innovation and resource potential. Both rely on human problems as the main foundation of life. Experience in many countries where the industrialization process has always been successful proves that they always prioritize humans as the source and goal of the creation of industry itself. On the other hand, the function of law as a medium for industrialization in Indonesia cannot foster a culture of innovation because it only serves industrialized economic activities. The idea proposed to improve this case is to use two pillars, namely innovation culture and social structure, as the basis for industrialization planning and the function or use of law in economic development in Indonesia.
ERADICATION OF CRIMINAL ACTS OF TERRORISM AND PROTECTION OF HUMAN RIGHTS IN INDONESIA Parlindungan Purba; Rolando Marpaung; Micael Jeriko Damanik; Hendrik Wahyu
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.26

Abstract

The Law on the Eradication of Terrorism Crime certainly implies the existence of coercive actions by the state against individuals or groups that commit acts of terror in Indonesia. There are allegations of actions that have the potential to violate Human Rights in the process of arrest and detention of individuals suspected of being terrorists. The intended action was allegedly carried out by law enforcement officers, especially in the practice of implementing Article 28 of the Law referred to in terms of regulating arrests and detentions that were not yet in line with respect and protection of human rights. This research is a descriptive analytical study that wants to describe what is legitimate or not a regulatory restriction of human rights, in the paradigm of "Principles of Provisions on the Restriction and Reduction of Human Rights in the International Covenant on Civil and Political Rights" by the state. Therefore, the government must take corrective measures in advance of law enforcement efforts to avoid any alleged human rights violations in the practices of arrest and detention. In addition, efforts to investigate, prosecute and examine the trial must be based on strong reasons in accordance with the existing procedures and oversight mechanisms.
APPLICATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) PRINCIPLES IN BUSINESS PRACTICES IN INDONESIA Parlindungan Purba; Micael Jeriko Damanik; Dikki Saputra Saragih; Finceria Trikasari Lawolo
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.27

Abstract

The application of criminal sanctions to the implementation of corporate social responsibility (CSR) is an important issue in company law. There is a lack of harmony between the regulations governing CSR, such as the Monetary Regulations, the Law on Social and Ecological Obligations of Limited Liability Organizations, and the Regulation on Risk-Limited Organizations. Although these guidelines set out social and ecological obligations for organizations, there is a lack of clarity in determining the types of sanctions that can be applied for violations of CSR commitments. The importance of approval of CSR continues to be linked to the quality of CSR practices. As a legal consequence, permits can be used as a tool to enforce CSR commitments. However, the lack of clarity in the approval guidelines causes confusion in the implementation of sanctions, including criminal sanctions. Therefore, it is necessary to consider revisions in the legislation governing CSR to avoid inconsistency and ambiguity in the implementation of CSR sanctions.
THE ROLE OF ADMINISTRATIVE SANCTIONS IN ENVIRONMENTAL PROTECTION IN INDONESIA Rolando Marpaung; Dikki Saputra Saragih; Micael Jeriko Damanik; Putri Hutasoit
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.28

Abstract

This research aims to find out how administrative sanctions are applied in efforts to protect and manage the environment in Indonesia and what factors hinder the implementation of these sanctions. This research uses respectful legal research methods and achieves the following objectives: 1. Administrative sanctions in efforts to protect and manage the environment: written warnings, government coercion, freezing of environmental permits, revocation of environmental permits, and administrative fines imposed by the government without going through court proceedings against the perpetrators businesses or activities that violate environmental administration provisions. Administrative sanctions are used to prevent violations and enable the government to stop such violations and allow the government to stop such violations. 2. Legal regulations and law enforcement agencies prevent the application of administrative sanctions in efforts to protect and manage the environment. There are no guidelines for implementing administrative sanctions that regulate how fines are determined and how much fines are imposed for delays in implementing government coercion, so people are free to decide for themselves. This also applies to different law enforcement agencies that have the authority to apply administrative sanctions in environmental cases.
ETHICAL IMPLICATIONS OF THE ADVOCATE PROFESSION IN LAW ENFORCEMENT IN INDONESIA Rolando Marpaung; Micael Jeriko Damanik; Dikki Saputra Saragih; Sherhan; Desniar Dachi
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.31

Abstract

A code of ethics is the implementation of guidelines or guidelines for behavior that have been outlined by a professional code of ethics. The purpose of this research is to find out the role of legal professional ethics in law enforcement efforts in Indonesia. To find out what the function of the Indonesian Advocate Code of Ethics is for advocates in carrying out their profession. This type of research is normative juridical legal research. Normative juridical legal research is research that conceptualizes law as what is written in statutory regulations or laws as rules or norms which are benchmarks for human behavior that is considered appropriate. Conclusion The code of ethics for the legal profession plays a very important role for Advocates in law enforcement. Ethics is essentially a view of life and guidelines on how people should behave.
THE ROLE OF THE POLICE IN OVERCOMING THE CRIME OF BEGAL IN THE MEDAN CITY AREA Micael Jeriko Damanik; Parlindungan Purba; Venni Monika Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.35

Abstract

In this in-depth study, the creator hopes to understand the criminal sanctions for perpetrators of the wrongful act of Robbery with Brutality (BEGAL), the elements that cause the wrongful act of robbery with brutality, and the duties of the police regarding criminal demonstrations of robbery with brutality. in Medan City and the police. In this examination the author used a strategy of examining the information used which was recorded in hard copy form as a result of this exploration, especially subjective examination. Subjective examination means highlighting more valid and clear investigations and this subjective exploration strategy is also expected to illustrate the examination of information in a narrative manner. Robbery with barbarity (BEGAL) or the danger of brutality is an act of lawlessness that disturbs society. Robbery as a traditional wrongdoing has really turned into a criminal specialty that still disturbs Indonesian culture where this wrongful act of robbery is carried out in the city by seizing or taking motorized vehicles, usually the perpetrators complete their activities by using firearms, weapons. sharp and so on. where executions usually took place in distant streets.
LEGAL AND ETHICAL ASPECTS OF THE USE OF AI TECHNOLOGY IN THE WORLD OF EMPLOYMENT IN INDONESIA Dikki Saputra Saragih; Parlindungan Purba; Micael Jeriko Damanik; Serfasius Siwanahono
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.36

Abstract

Continuous advances in information technology, such as artificial intelligence (AI), open up new and exciting opportunities for shared value creation among economic actors. However, little is known about the mechanisms and processes of AI-enabled value co-creation. While scholars agree that AI technologies are significantly changing human activities and human capital, we currently do not have an adequate understanding of how humans and AI technologies interact in the co-creation of value. This is the central phenomenon investigated in this Journal. Specifically, using Service-Dominant Logic (S-DL) as a lens, this study investigates the activities, roles, and resources exchanged in AI-enabled value co-creation, using competitive intelligence creation as the research context. The analysis shows that the value co-creation process enabled by AI is a complex interaction between human and non-human actors performing one of six different roles either jointly or independently.
SOSIALISASI PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN SEKSUAL DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK DI GKPS JL BINJAI KM.7 Marpaung, Rolando; Micael Jeriko Damanik; Bornok Simanjuntak; Porniswan Putra Zega; Rosalina Ginting
Jurnal Abdimas Mutiara Vol. 2 No. 2 (2021): JURNAL ABDIMAS MUTIARA
Publisher : Universitas Sari Mutiara Indonesia

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Abstract

Sebagaimana diatur dalam Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak, perlindungan hukum pada anak adalah upaya untuk menjamin bahwasannya setiap anak mendapatkan haknya. Tindakan kekerasan pada anak memiliki akibat yang signifikan seperti tekanan psikologis, trauma, malu, stress, dan ketakutan yang berlebihan pada korban, sehingga negara dan masyarakat bertanggung jawab untuk memberikan perlindungan pada korban. Pengabdian kepada Masyarakat ini bertujuan memahami hak-hak ataupun perlindungan hukum bagi korban kekerasan seksual dikaji dari Undang- Undang No 35 Tahun 2014. Dalam studi kasus ini di Dinas Pemberdayaan Perempuan, Perlindungan Anak, dan Pemberdayaan Masyarakat Kota Medan (DP3APM). Pengabdian kepada Masyarakat ini menggunakan pendekatan deskriptif kualitatif, dengan mencakup studi dokumentasi dan wawancara. Hasil Pengabdian Kepada Masyarakat menunjukkan bahwa anak-anak yang menjadi korban kekerasan seksual, pornografi, dan kejahatan lainnya mendapatkan perlindungan khusus yang tercantum dalam Pasal 59A, 67B, dan 69A Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak, serta perlindungan dan upaya yang diberikan oleh Dinas Pemberdayaan Perempuan, Perlindungan Anak, dan Pemberdayaan Masyarakat Kota Medan, seperti reintegrasi, memberikan perlindungan dan menegakkan hukum bersama aparat penegak hukum.