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Ismaidar I, Ismaidar

Universitas Pembangunan Panca Budi

Author-ID : 5434032

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LEGAL ANALYSIS OF THE IMPACT OF NARCOTICS USE ON THE HEALTH OF PRISONERS IN WOMEN'S PRISONS TANJUNG GUSTA BASED ON REGULATIONS LEGISLATION Lasma Sinambela; Ismaidar; Suci Ramadani
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.503

This study aims to analyze the legal impact of drug use on the health of inmates at the Tanjung Kusta Women's Detention Center and to examine the handling efforts based on applicable laws and regulations. Drug abuse in detention centers not only violates the law but also has serious impacts on the physical, mental, and social health of inmates, as well as hindering the goals of social development and reintegration. The research method used is empirical legal with a statutory approach, a conceptual approach, and a sociological approach. Primary data were obtained through interviews with prison officers, medical personnel, and inmates, while secondary data were obtained from laws and regulations, legal literature, and official reports. The research results show that legal regulations regarding the prohibition of narcotics use in detention centers are regulated in Law Number 35 of 2009 concerning Narcotics, Law Number 12 of 1995 concerning Corrections (as amended by Law Number 22 of 2022), and Regulation of the Minister of Law and Human Rights Number 6 of 2013 concerning Correctional Institutions/Detention Centers. The resulting impacts include organ damage, the risk of infectious diseases, mental disorders, decreased quality of guidance, and increased recidivism. Handling efforts are carried out through repressive, preventive, and rehabilitative measures, but their implementation is still hampered by limited supervision, facilities, and coordination between institutions. This study concludes that normatively, the existing legal framework is adequate, but its implementation in the field is not optimal. Strengthening the monitoring system, improving rehabilitation facilities, and synergy between relevant agencies are needed to ensure the protection of the health rights of drug-using inmates at the Tanjung Kusta Women's Detention Center.

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 Position of Customary Criminal Law in The Development of The Legal System in Indonesia Based on The Criminal Code Number 1 Of 2023 Telaumbanua, Servasius Edwin; Ismaidar, Ismaidar; Ramadani, Suci
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.v5i3.463

Customary Criminal Law (Hukum Pidana Adat) is an unwritten legal system that has long existed within indigenous communities and focuses on restoring social balance. Its existence has historically occupied a position of legal ambiguity, as it was not formally recognized in the old Penal Code (Wetboek van Strafrecht), which led to normative conflicts and legal uncertainty in practice. However, the enactment of Law Number 1 of 2023 concerning the Penal Code (KUHP) marks a significant milestone by recognizing the concept of living law (law that lives within society) as part of positive criminal law. This study aims to analyze the position and role of Customary Criminal Law following the implementation of the new Penal Code, focusing on two main aspects. First, it examines the position of Customary Criminal Law based on its norms and its implementation within the context of legal pluralism in Indonesia. Second, it explores the implications of the development of Customary Criminal Law within the national criminal law system, particularly in relation to the new Penal Code and the reforms of the Criminal Procedure Code (KUHAP). Using a normative juridical research method with legislative, conceptual, and case approaches, this study reviews various literature, court decisions, and dispute resolution practices in indigenous communities, including cases in Nias and Wamena. The results show that the recognition of living law in Articles 2 and 100 of Law Number 1 of 2023 provides formal legitimacy for Customary Criminal Law, transforming its status from mere social practice to a binding legal source.However, its implementation faces challenges, such as standardizing the process for proving the existence of customary law, ensuring the compatibility of customary sanctions with human rights principles, and harmonizing them with criminal procedural law. Therefore, clear technical regulations and synergy between law enforcement officials and customary institutions are required to establish an effective hybrid model, where restorative justice through customary law can be integrated with the state criminal justice system

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.

Corporate Criminal Liability In Environmental Pollution Crimes T. Riza Zarzani; Ismaidar Ismaidar; Mula Sihombing
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.101

Corporate crime against the environment is a major crime and is very dangerous for human life. Even though there are laws that regulate forms of legal sanctions for corporations, in fact environmental pollution still occurs. In environmental criminal cases involving corporations, the principle of absolute responsibility should be applied, so that the application of absolute responsibility can be expanded. This means that the sanctions that will be imposed on the perpetrators are not only civil compensation claims but also criminal legal protection. Legal sanctions for corporations proven to have committed criminal acts of environmental pollution include imprisonment, fines and additional penalties. Law Number 32 of 2009 concerning Environmental Protection and Management states that the criminal act referred to is committed by or on behalf of a legal entity, company, association, foundation or organization, the threat of a criminal fine is increased by one third. The method used in this research is normative legal, namely research that refers to legal norms contained in statutory regulations, literature, legal norms that exist in society and the data obtained. The type of research used is qualitative research which is carried out by examining literature materials in the field of law and legislation relating to legal policies for corporations that commit criminal acts of environmental pollution. This research aims to determine criminal liability for corporations that are proven to have committed environmental pollution and to determine the factors inhibiting criminal liability for corporations that have committed environmental pollution.

Application Of Criminal Sanctions Against Corporations For Human Trafficking In Indonesia Muhammad Safar; T. Riza Zarzani; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.107

In recent years, news about human trafficking both domestically and across countries has increasingly been broadcast in print and electronic media. The rise in crimes that occur is caused by various factors that encourage perpetrators to commit crimes. Human trafficking is a practice of modern slavery that degrades dignity and can threaten the survival of the general public. The target or targets of this trading practice are usually people who earn low income and have low education. It is important to know that this crime can be committed individually or collectively. It is said to be joint if it is carried out in the name of a business entity and in the interests of the corporation based on the work relationship and work environment of the corporation. Corporations as legal subjects for the criminal act of trafficking in persons are regulated in Article 13 of Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. The current obstacle is that the implementation or application of punitive sanctions against corporations is still not firm. This can be seen from the increasing number of cases where the perpetrator is a business entity or corporation. The method used in this research is a normative legal research method which examines legal materials such as books or articles that discuss human trafficking using secondary data for detailed analysis. qualitative. The aim of this research is to determine the factors that cause corporations to commit criminal acts of human trafficking in Indonesia and to find out how criminal sanctions are applied against corporations for criminal acts of human trafficking in Indonesia.

Criminal Law Sanctions for Illegal Logging of Forests Carried Out by Corporations Based on Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Damage Ismaidar Ismaidar; T. Riza Zarzani; Arnovan Pratama Surbakti
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.109

Forest areas are open natural resources that have potential and an important role in supporting human needs. However, as time goes by, natural resources in the forestry sector are starting to decline due to the large number of business entities or corporations carrying out illegal logging activities. If this is allowed to continue continuously, damage to Indonesia's forests will increase and will have a major impact on the economy due to decreased state income. The research method used in this research is a normative legal method which examines Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and other laws as research material by taking a statutory approach (Statute Approach) obtained from literature studies ( Library Research). This research aims to determine the impact of illegal logging carried out by corporations and to determine criminal legal sanctions for illegal logging carried out by corporations based on Law number 18 of 2013 concerning Prevention and Eradication of Forest Damage. From the problem formulations above, it can be concluded that corporate crime resulting from illegal logging activities is a major crime and is very dangerous and threatens the lives of humans, animals and plants.

Application Of Criminal Law Against Corporations For Criminal Actions Of Tax Evavasion Based On Law Of The Republic Of Indonesia Number 28 Of 2007 Concerning General Provisions And Procedures For Taxation Ismaidar Ismaidar; T. Riza Zarzani; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.116

Constitutionally, tax collection is regulated in Article 23A of the 1945 Constitution of the Republic of Indonesia which confirms that taxes and other coercive levies are for state needs as regulated by law. Tax regulations themselves are regulated in Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures. Tax is an official state levy on taxpayer citizens. What is meant by taxpayer is an individual or entity including taxpayers, tax holding agents and tax collectors who have tax rights and obligations in accordance with the provisions of tax laws and regulations. As time goes by and the development of economic globalization, there is a lot of potential for crimes or crimes in the economic sector committed by corporate business actors. The difficulty of holding corporations criminally liable results in many material and immaterial losses to the state. However, criminal liability in the form of strict liability can provide a solution to this problem. Where full corporate criminal liability (strict liability) states that corporations can be held criminally liable. This research uses normative research methods by taking a statutory approach and a conceptual approach. The data obtained in this research was through literature study by collecting data from secondary legal materials, namely primary data, secondary data and tertiary data related to the problem formulations that will be discussed in this research. Then the data obtained is analyzed and described qualitatively. The aim of this research is to determine the modus operandi of perpetrators in committing criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures and to find out how criminal law is applied to corporations for criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures.

Analysis of the Role of Legal Politics and Challenges in Post-Reformation Legal Reform Ismaidar Ismaidar; Tamaulina Br Sembiring; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.291

Legal politics is one of the central concepts in the legal system which is closely related to state policy in the formation, application and change of law. This article examines the role of legal politics in legal reform in Indonesia post-1998 reform, with a focus on the challenges faced in implementing legal policies as well as evaluating the effectiveness of the changes that have been made. This research uses a qualitative approach with analytical descriptive methods, which aims to describe how legal politics can be an instrument that determines the direction and substance of legal reform in Indonesia. The results of this research show that although there has been progress in legal reform, major challenges still exist, especially related to the implementation of legal policies which are influenced by political dynamics which do not always support the creation of an effective and just legal system.

Criminal Law Politics Against Corruption Criminal Acts Through Hand-Catching Operation Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.292

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Co-Authors , Rahul Ardian Fikri Agus Adhari Ahmad Irham Tajhi Ali Sam'un Alimal Yusro Siregar Amartila, Luna Kendis Amos Harita Andi Gultom Andreas Nainggolan Andry Syafrizal Tanjung Angga Sahputra Sirait Annur, Rahmi Mailiza Ansori Maulana Anwar Ibrahim Arda Gerdana Purba Aritonang, Timotius Arnovan Pratama Surbakti Asmarawati, Elly Asmawiah Nainggolan August Saut Maringan Sihombing Azhali Siregar Azhar AR Azhar. AR Bahirra, Aruf Bambang Fitrianto Barus, Enda Leginta Batubara, Muhammad Miftahur Rizki Berlian Evi Yenni Pakpahan Bonar Yudhistira Bonari Tua Silalahi Br Barus, Mika Vinsensia Br. Barus, Juita Novalia Bukit, Efraim Abigail Chairuni Nasution Christine Natalia Pangaribuan Dalimunthe, Wirandi Daniel Edward Hernando Situmorang Denny Prabowo Dewi, Fatia Sari Efendi Rangkuti, Ewin Efermin Gulo Efraim Abigail Bukit Elisabeth Saragih Erwin Efendi Rangkuti Fadillah Aditya Pratama Fadillah Aditya Prtama Faruq Rozy Firman Halawa Fitrianto, Bambang Gemilang, Gilang Ginting, Enus Graha Ananda Zugusti Lubis Gulo, Efermin Habeahan, Delianto Habibi, Haris Haharap, Rizki Nanda Fauzi Hairi Putra, Azfar Hamdi Armaoyuda, Ihsan Hanafian, Hanafian Harahap, M. Emirsyah Hussein Haris Putra Utama Limbong Hartama, Hartama Harun Firman Kurniansyah Hasibuan, Helviana Hasibuan, Ongku Sapna Fella Heru Suhendro Hutabarat, Samuel Ibrahim Ibrahim Iman Irdian Saragih Irfan Rizky Pradya Ismed Jesslyn Elisandra Harefa Joko Christopher Samosir Jona Wira Karya Kasim Kasim Kevin Maisyan Rizaldi Mendrofa Kospiyandi Krismanto Manurung Lasma Sinambela Lidya Rahmadani Hasibuan, Lidya Rahmadani Lindawati Br Surbakti Lumbanbatu, Bima Lusy Ayumas M. Luqmannul Hakim Siregar Majidah Pohan Mangara Hutagalung Manihuruk, Yani Indah Sari Marice Simarmata Maya Sari Novita Meliala, Nugraha Manuella MHD AZHALI Siregar Mhd. Ihwanuddin Hasibuan Muhamad ilham Muhammad Aldin Muhammad Arif Sahlepi Muhammad Daud Tarigan Muhammad Faiz Hadi Muhammad Mujahidin Za Muhammad Safar Muhammad safar Mula Sihombing Mus Mulyadi Musmulyadi Musmulyadi Nasution, Chairuni Nasution, Sudarno Hariadi Netty br Siahaan Netty BR. Siahaan Nugraha Manuella Meliala Nurdiana, Citra Ongku Sapna Fella Hasibuan Pakpahan, Andika Kelvin Franata Panenggaran, Nuke PERMAI YUDI Prabowo, Deny Purnomo, Sagita Putriani Ndruru Putriani Nduru Rahmah Hayati Sinaga Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Raja arsyadil fiqry siregar Ramadani, Suci Restika Ndruru Rhea Ditya Aulawi Rifki, Mhd. Rifqi Fairuz Ula Rika Suryana Surbakti Risdawati, Irsyam Riza Sirait Robby Yusuf S Sembiring Rohasiholan Doloksaribu Roland Sahat Uli Banjarnahor Rudi Salam Tarigan Safar, Muhammad Sahlepi , Muhammad Arif Sahlepi, Muhammad Arif Saputra, Defri Dwi Saragih, Elisabeth Saragih, Romy Rohadi Sayaharani, Nabilah Sembiring , Tamaulina Br. Sembiring, Tamaulina Br. Servasius Edwin Telaumbanua Sihite, Ireny Natalia Putri Sihombing, Yossri Mantaw Silaen, Reinhard Mark Luhut Sinaga, Rahmah Hayati Sinambela, Lasma Sindi Aulia sinergilp, T Riza Zarzani sinergilp, Zufarnesia Sirait, Abdur Rahman Siregar, Azhali Siti Annisa, Siti Sitorus, Deskia Renata Suci Ramadani Sukardi Sukardi Sulaiman Sumarno Sumarno . Suramin Suramin Suramin, Suramin Surbakti, Arnovan Pratama Susanti, Rulita SUSANTO Suwirza, Eka Syaharani, Nabilah Syahranuddin, Syahranuddin T. Ikhsan Ansyari Husny Tamaulina Br Sembiring Tamaulina Br. Sembiring Tamaulina Br.Sembiring Tamaulina Tamaulina Tamulina Br. Sembiring Telaumbanua, Servasius Edwin Tengku Muhammad Reza Fikri Dharmawan Tengku Riza Zarzani Tengku Riza Zarzani N Tri Sandi Welli Nirpa Pasaribu Wida Azlina Wildan Fahriza Wirandi Dalimunthe Yasmirah Mandasari Saragih Yoldy Israq Yossri Mantaw Sihombing Yudhistira, Bonar Yulia Christy Shintara Aruan YUSUF AFANDI, MUHAMMAD Zahra Syavica Zahrana Syavica Zakiy, Alfathin Zefri Ansari Zendrato, Ferawati Zeno Eronu Zalukhu Zulfa Almira Zulkarnain, Rifa

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