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The Role of Deli Serdang Police Investigators in Handling the Occurrence of Laka Lantas Rasidin Saragih; Rahul Ardian Fikri; Abdul Razak Nasution
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Traffic accidents remain a significant concern in Indonesia, particularly in Deli Serdang, where the number of cases continues to rise. This study examines the role of Deli Serdang Police investigators in handling traffic accident cases, focusing on their tasks, challenges, and efforts to ensure effective legal processes. The research highlights that investigators play a crucial role in conducting comprehensive investigations, gathering evidence, and determining legal accountability in each case. However, investigators face numerous obstacles, including limited resources, insufficient evidence, and environmental factors that complicate the investigative process. The study underscores the importance of collaboration between law enforcement and the community, as well as the need for enhanced investigator training and public education on traffic safety to mitigate accidents.
Law Enforcement Against Criminal Acts Participates In Continuous Money Laundering As A Continued Act (Study of Supreme Court Decision Number: 559 Pk/Pid.Sus/2022) Isa Ramiati; Rahul Ardian Fikri; Abdul Razak Nasution
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Money laundering is a serious crime that threatens the economic and social systems, often involving sophisticated methods and multiple parties. This study analyzes the application of law in the Supreme Court decision Number: 559 PK/Pid.Sus/2022, which addresses the crime of continuous money laundering involving participation. The defendant, Gulabray Naraindas Keswani, was found guilty of continuous money laundering and sentenced to prison and a fine. Through an analysis of the legal considerations and application of legal principles such as inclusion (deelneming) and continuing acts (voortgezette handeling), this study highlights the judiciary's commitment to eradicating money laundering and its implications for law enforcement. This case sets a significant precedent for combating similar crimes in Indonesia.
The Role Of Investigators In Carrying Out Diversion On Children As Perpetrators Of Crimes (Study At The Deli Serdang Police Office) Palti Habeahan; Rahul Ardian Fikri; Abdul Razak Nasution
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Children as a vulnerable group face unique challenges in the justice system, both as perpetrators and victims of criminal acts. Addressing children involved in criminal offenses requires a balanced approach that prioritizes restorative justice over repressive measures to ensure their development and rehabilitation. This study examines the role of investigators in implementing diversion—a key aspect of restorative justice—at the Deli Serdang Police Station. It explores how diversion helps prevent stigmatization and reduces the negative impact of the judicial process on children. Additionally, the study identifies obstacles encountered by investigators during the implementation of diversion, including institutional and procedural challenges. The findings aim to enhance understanding of the critical role of law enforcement in protecting children’s rights and achieving effective justice.
Legal Protection For Policyholders Against Breach Of Insurance Contract By Insurance Companies (Analysis Of Decision Number 662/Pdt.G/2023/PN Jkt.Sel) Simanjuntak, Fadma Marcela; Nasution, Abdul Razak
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7851

Abstract

Insurance is an activity established by an individual to cover losses or risks that may occur to those involved in an insurance program. As policyholders, we are required to pay premiums, and the insurance company is expected to fulfill its obligations according to the insurance policy agreement. The problems addressed in this study are: How is the legal regulation regarding breach of contract (wanprestasi)? How is legal protection for policyholders provided? How is the legal resolution of the breach of contract case by the insurance company in case number 662/Pdt.G/2023/Pn Jkt.Sel? This research employs a descriptive-analytical approach. The type of research used in this study is normative legal research, which relies on secondary data. The research method used is library research, involving a review of various sources such as court decisions, journals, expert opinions, scholarly articles, and other readings. Insurance companies committing breaches of contract can cause significant losses for policyholders, as breach of contract refers to the failure to uphold an agreement or violate previously made commitments. The occurrence of such breaches stems from various reasons within the company, leading to their inability to fulfill their obligations to policyholders.
Criminal Liability Of Perpetrators Of Illegal Medical Practices (Perspective Of Law Number 17 Of 2023 Concerning Health) Muhammad Reski Ansyah; Abdul Razak Nasution
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.449

Abstract

In connection with this, Legislation in the Health Sector was made. Based on Article 1 paragraph (1) of Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice Permits and Implementation of Medical Practices, "Medical practice is a series of activities carried out by doctors against patients in carrying out health efforts". The doctor has a Registration Certificate (STR) or has officially held the profession of doctor, dentist, specialist doctor, specialist dentist. After having an STR, a doctor who wants to practice medicine is required to have a Practice License (SIP). The obligation to have a SIP is contained in Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice License and Implementation of Medical Practice. This research uses normative juridical research, as for what is meant by the type of normative juridical research is library legal research because in normative legal research is carried out by examining library materials or secondary data only, where the data collection tool used in research is by library research. The results of this study are that the legal relationship between doctors and patients is regulated by law as an agreement. As a result, doctors are required to carry out the object of the agreement in accordance with their professional expertise. As a result, doctors are required to carry out the object of the engagement in accordance with their professional expertise. As a result, a doctor can be held legally liable in both criminal and civil courts. In terms of criminal law, a doctor who does not carry out his duties and profession in accordance with the procedure may be subject to a number of provisions of the Criminal Code, especially due to negligence resulting in the death of the patient.
Tinjauan Hukum Terhadap Program Pembinaan Kemandirian Dalam Mendukung Ketahanan Pangan Nasional Pada Rutan Tanjung Pura Faisal, Agus; Nasution, Abdul Razak
Locus Journal of Academic Literature Review Vol 4 No 3 (2025): June
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v4i3.470

Abstract

Program pembinaan kemandirian pada Rutan Tanjung Pura bertujuan untuk meningkatkan kemandirian ekonomi masyarakat dan mendukung ketahanan pangan nasional. Namun pelaksanaan program ini masih memiliki beberapa kendala, seperti keterbatasan sumber daya dan kurangnya kesadaran masyarakat tentang pentingnya kemandirian pangan. Dalam tinjauan hukum, program pembinaan kemandirian pada Rutan Tanjung Pura harus memperhatikan beberapa aspek, seperti ketersediaan pangan, program ini harus memastikan ketersediaan pangan yang cukup dan berkualitas untuk masyarakat. Kemandirian ekonomi, program ini harus meningkatkan kemandirian ekonomi masyarakat melalui pelatihan dan pendampingan. ketahanan pangan. Program ini harus mendukung ketahanan pangan nasional melalui pengembangan sistem pangan yang berkelanjutan. Dalam implementasinya, program pembinaan kemandirian pada Rutan Tanjung Pura harus melibatkan berbagai pihak, seperti pemerintah, masyarakat, dan lembaga swadaya masyarakat. Selain itu, program ini juga harus memperhatikan aspek-aspek hukum, seperti peraturan perundang-undangan tentang pangan dan kemandirian ekonomi. Perlu dilakukan peningkatan koordinasi antara instansi terkait: Perlu dilakukan peningkatan koordinasi antara instansi terkait untuk meningkatkan efektivitas dan efisiensi program pembinaan pada Rutan Tanjungpura.
LEGAL ANALYSIS OF LEGAL TREATMENT OF DETAINEES WHO HAVE VIOLATED PUBLIC ORDER (CASE STUDY: MEDAN IMMIGRANT PRISON) Febri Hariono Nababan; Abdul Razak Nasution; T Riza Zarzani
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.v1i2.41

Abstract

This research aims to find out: 1) the differences between Deteni and Rudenim and 2) how Implementation detainees are treated who violate public order. The type of approach used is qualitative research. This means research that describes, explains, analyzes and develops the legal construction of state sovereignty from an immigration perspective. The results of the research discussion are: 1) Detainees based on Law Number 6 of 2011 concerning Immigration Article 1 paragraph 35 are foreign residents of Immigration Detention Centers who have received a detention decision from Immigration officials. Foreigners in this case are people who are not Indonesian citizens. Meanwhile, the Immigration Detention Center is a Technical Implementation Unit that carries out immigration functions as a temporary shelter for foreigners who are subject to Immigration Administrative Action. 2) Legal treatment for detainees who violate public order will depend greatly on the type of violation committed, its severity, and the regulations in force at the immigration detention center.
LEGAL PROTECTION AND DETERRENT EFFECT ON BULLYING PERPETRATORS IN INDONESIA Anggi Putra Dito Harahap; T Riza Zarzani; Abdul Razak Nasution
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.v1i2.51

Abstract

This study discusses legal protection and deterrent effects on perpetrators of bullying in Indonesia, with a primary focus on bullying committed by children in the school environment. Bullying is a form of physical or psychological violence that can have significant negative impacts on perpetrators and victims. In a legal context, bullying is considered an unlawful act that requires serious attention. This study uses a normative juridical method with a descriptive approach to analyze related laws and regulations, especially the Child Protection Law (Law No. 35 of 2014) and the Juvenile Criminal Justice System (Law No. 11 of 2012). The results of the study indicate that there are various forms of legal protection for child perpetrators, such as the right to diversion to avoid formal trials, as well as other basic rights in accordance with the principles of restorative justice. The deterrent effect on perpetrators can be achieved through the application of criminal sanctions and proportional actions, such as imprisonment as regulated in Article 80 of Law No. 35 of 2014. In addition, diversion as an out-of-court settlement approach is considered effective in reducing the negative impact of the judicial process on children, while encouraging recovery for victims. This study concludes that legal protection and the implementation of diversion for perpetrators of bullying are important steps in creating a just, rehabilitative, and preventive legal system. The recommendations of this study include increasing consistent legal implementation and socialization to the community to reduce the number of bullying among children.
LAW ENFORCEMENT AGAINST THE CUSTOMARY RIGHTS OF INDIGENOUS PEOPLES OF PAPUA (STUDY OF SUPREME COURT DECISION NUMBER 1900/K/PDT/2024) Finisia Bako; Abdul Razak Nasution
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

This study was conducted with the aim of determining the legal aspects of customary rights of indigenous peoples in the considerations of judges who decide on customary rights lawsuits in the Supreme Court decision number: 1900/K/Pdt/2024. This study uses normative juridical with a descriptive approach that aims to analyze carefully to solve problems in accordance with the applicable legal framework. In this study, the data sources used are secondary data in the form of Supreme Court case decisions number: 1900/K/Pdt/2024, laws and regulations and literature related to the research problems. Based on the results of the Supreme Court decision Number 1900/K/PDT/2024, it confirms the recognition of the customary rights of Papuan indigenous peoples as a form of collective ownership that is inherited from generation to generation. In this case, the customary land belonging to the Mandacan family is declared to remain theirs because it was never released through a legal mechanism according to customary law. However, land acquisition by other parties, including the issuance of Building Use Rights (HGB) certificates by the National Land Agency (BPN), was carried out without the consent or legal compensation to the customary owners. This action is considered an unlawful act because it does not respect the rights of indigenous peoples guaranteed by Article 18B of the 1945 Constitution. This decision also highlights the important role of state institutions, such as the BPN, in ensuring that land administration processes are carried out with respect for customary law and the rights of indigenous peoples.
CRIMINAL PROVISIONS FOR PERPETRATORS OF TERRORISM FROM THE PERSPECTIVE OF INDONESIAN CRIMINAL LAW Jacky Wicaksana; Fitria Ramadhani Siregar; Abdul Razak Nasution
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3979

Abstract

Terrorism is an extraordinary crime that requires extraordinary measures. Terrorism has become a global phenomenon that has spread to almost every country in the world, including Indonesia. As in other regions, terrorism in Indonesia also has a theological and ideological basis and networks that make it strong resistance. To date, the crime of terrorism is one of the serious threats to national security. Terrorism is a theme that attracts the attention of many groups, especially academics, to study it from various aspects. Acts of terrorism often occur in Indonesia. The incident that occurred domestically, which made the image of Indonesia as a country that is unsafe for foreign citizens was the case of the Bali Bombing. Indonesian society generally condemned the act. The crime of terrorism resulted in the death of many victims, is very contrary to the Qur'an and Law Number 5 of 2018, so that the perpetrators must be subject to criminal sanctions or punishment as a result of their actions, namely the death penalty. This study uses a normative juridical approach method, with analytical descriptive research specifications. The data used in this study are secondary data obtained through literature studies, then analyzed qualitatively using law enforcement theory and Islamic justice theory. The results of this study are that the Government has made a new law in an effort to prevent acts of terrorism, namely Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Determination of Government Regulations in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism into Law. Article 6 explains that: "Any person who intentionally uses violence or threats of violence that create an atmosphere of terror or fear in people on a widespread basis, causes mass casualties by depriving others of their freedom or loss of life and property, or causes damage or destruction to strategic vital objects, the environment or public facilities or international facilities shall be punished with imprisonment of at least 5 (five) years and a maximum of 20 (twenty) years, life imprisonment, or the death penalty."