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Ismaidar I, Ismaidar
Universitas Pembangunan Panca Budi
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Criminal Sanctions Fine For Corporations as Performers of Criminal Acts of Corruption From the Perspective of the Theory of Dignified Justice Ismaidar Ismaidar; T. Riza Zarzani; Ongku Sapna Fella Hasibuan
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.121

Abstract

Korganization in nation building is very significant. Corporations can be said to be pillars of the nation's economy. Corporations are very influential not only on economic aspects, but also social, political and other aspects. As time goes by, crimes committed by corporations arise. The Criminal Code which does not recognize corporations as legal subjects opens up opportunities for individuals to take advantage of this legal loophole. The regulations governing corporate responsibility currently in effect are considered less effective and efficient. Provisions that clearly regulate "corporate criminal liability" are still at the Draft Criminal Code stage. Based on the research results, it was found that the corporate responsibility system has several doctrines or theories in determining responsibility. These theories include "identification doctrine, aggregation doctrine, reactive corporate fault, strict liability and vicarious liability." This research aims to increase knowledge regarding criminal responsibility by corporations. This research supports the immediate ratification of the Draft Criminal Code as an answer to legal problems regarding criminal acts committed by corporations. The method used in this research is normative juridical, with data collection techniques namely literature study. The data obtained in this research comes from writings or scientific works in the form of books, journals, dissertations and other literature.
Corporate Criminal Liability for the Crime of Forgery of Export Documents According to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs T. Riza Zarzani; Ismaidar Ismaidar; Sukardi Sukardi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.122

Abstract

Customs is everything related to the supervision of the traffic of goods entering or leaving the customs area as well as the collection of import and export duties. Based on this definition of customs, the Directorate General of Customs and Excise (DJBC) has a very strategic role in both supervision and service. Economic life between one country and another is increasingly interdependent so that legal provisions in the field of international trade and transnational business are increasingly necessary. As time goes by, the presence of corporations in the economy is like a double-edged sword. On the one hand, it can provide benefits for economic growth through state income in the form of taxes thereby increasing the country's foreign exchange and on the other hand, it can threaten state income because corporations often commit crimes to gain as much profit as possible by falsifying goods export documents. The 1945 Constitution of the Republic of Indonesia Article 1 paragraph 3 states that Indonesia is a legal state. In accordance with the concept of a rule of law, everything related to processes carrying out aspects of government power is based on law, including the law enforcement process in cases in the customs sector, especially in the export sector. This research uses normative legal research methods. Normative research is research carried out by examining library materials using data sourced from secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research was carried out by document study and literature study. Then it is described qualitatively to make it easier to draw conclusions from the data. The aim of this research is to determine the factors that cause corporations to commit criminal acts of falsifying export documents and to find out what corporate criminal liability is for criminal acts of falsifying export documents according to Law of the Republic of Indonesia Number 17 of 2006 concerning Customs.
Influence Political Law in Formation and Enforcement Law in Indonesia Rudi Salam Tarigan; Ismaidar Ismaidar; Tamaulina Br. Sembiring
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.293

Abstract

Indonesia continues to face complex political and legal challenges. The developing political dynamics are a factor that influences the implementation of legal policies based on the principles of justice and the needs of the community. Efforts to improve law enforcement are carried out by accommodating the aspirations of the community, increasing the professionalism of law enforcement officials, and legal institutions. Legal politics is an activity to monitor law enforcement to achieve the goals of the state that has been set. This research aims to discuss the role of legal politics in the formation and enforcement of law in Indonesia. This study uses secondary data, obtained from the literature of journals on legal politics. Conclusion: the implementation of legal policies is sometimes still influenced by the interests of political elites, who use their power to enforce the law. However, this can be prevented by increasing public awareness to monitor law enforcement based on Pancasila values actively.
Obstacles in Implementing Whiping Punishment for Violators of Islamic Law in Simeulue Regency Musmulyadi Musmulyadi; Ismaidar Ismaidar; Tamaulina Tamaulina
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.301

Abstract

Aceh Province is the only one in Indonesia that is given the authority to implement Islamic law in all aspects of community life. One aspect that is of concern to the Aceh government is the enforcement of Islamic law. Where, if there is a violation of Islamic law, the perpetrator will be subject to sanctions in the form of ta'zir with a punishment of caning in accordance with the level of his/her guilt after receiving a final verdict from the Aceh Sharia Court. This study uses a qualitative approach with a literature study type of research. In this case, the researcher examines various existing literature related to the implementation of caning punishment, both from books, journals, articles, and even print and electronic media. The results of the literature study show that the implementation of caning punishment in Aceh faces various obstacles in the form of limited budget, human resources, and rejection from many parties who view the implementation of caning punishment as contrary to respect for Human Rights (HAM).
Corporate Responsibility As A Legal Subject For Song Copyright Infringement Ismaidar Ismaidar; T. Riza Zarzani; Rahmah Hayati Sinaga
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.23

Abstract

Corporate crime is one of the activities or activities that arise in line with rapid developments in the economic and technological fields. The development of the position of corporations as business institutions is increasingly strengthening, making corporations as legal subjects dominate economic life without government control. One of the corporate violations that frequently occurs today is song copyright infringement. Violations that have a major impact on the music business, especially on songwriters as owners of original works . The law that regulates copyright infringement is Law Number 28 of 2014 concerning Copyright. Copyright is an exclusive right for the creator or recipient of the right to publish or reproduce his creation or work by giving permission to do so without prejudice to restrictions according to applicable laws and regulations. The method used in this research is a normative legal research method which examines laws and regulations in a society's legal system relating to corporate responsibility as a legal subject for violations of song copyright . The data collection method is qualitative descriptive analysis with emphasis on literature study. The aim of this research is to determine the factors that cause corporations as legal subjects to violate song copyright and the responsibility of corporations as legal subjects to violate song copyright.
Corporate Criminal Liability Against Pollution Environment Life T. Riza Zarzani; Ismaidar Ismaidar; Muhammad Mujahidin Za
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.27

Abstract

Environmental pollution that exceeds quality standards is often carried out by corporations. Law enforcement in the environmental sector, in addition to resolution through administrative law, also through the application of criminal law. In recent developments, law enforcement in the environmental sector has moved closer to a premium remedy . This research aims to analyze feasibility effective application of law in the environmental sector through normative legal research or library legal research using a juridical approach. In this research, it can be concluded that by implementing administrative sanctions against corporations, we should also apply criminal law to corporations that have repeatedly polluted the environment, so that the aim of the law, namely justice, can be accepted by the living creatures affected by it.
Decision Factors Court Constitution Related Results Election President 2024 Against Indonesian Politics and Law Ismaidar Ismaidar; Tamaulina Br. Sembiring; Raja Arsyadil Fiqry Siregar
International Journal of Social Welfare and Family Law Vol. 2 No. 1 (2025): International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v2i1.151

Abstract

The Republic of Indonesia is a constitutional state, as specified in Article 1, Paragraph (3) of the 1945 Constitution. As a nation that upholds the rule of law as the highest authority in its governmental system, the existence of the Judiciary plays a central role as an absolute requirement for upholding the supremacy of law to ensure justice. According to the provisions of Article 24, Paragraph (2), the Supreme Court and the Constitutional Court are institutions with the highest authority in enforcing law and justice in accordance with the mandate of the Constitution. The 2024 Indonesian Presidential and Vice-Presidential Election, also known as the 2024 Presidential Election, is the fifth such election in Indonesia to choose the President and Vice President of the Republic of Indonesia. The results of this election triggered various reactions from different groups. Criticism of the results, particularly from opposing candidates, was not uncommon. This debate occurred not only among political elites but also within the broader community. The purpose of this study is to examine the factors influencing the Constitutional Court's decision regarding the results of the 2024 Presidential Election and its impact on Indonesia's political and legal systems. This research employs a normative juridical legal approach, using library research as the primary data source. The study reveals that in resolving disputes over the 2024 Presidential Election results, the Constitutional Court considered valid and relevant evidence, despite dissenting opinions from some judges. The decision's impact-both in terms of the winner's legitimacy and public perception-can either enhance or deteriorate public views on the quality of Indonesia's democracy. This research is expected to provide deeper insights into the role of the Constitutional Court in safeguarding electoral integrity, addressing political controversies, and its implications for Indonesia's future political system.
IMPLEMENTATION OF THE ROLE OF THE MILITARY POLICE IN OVERCOMING NARCOTICS CRIMES COMMITTED BY THE INDONESIAN NATIONAL ARMY (STUDY AT POMDAM I/BB) Irfan Rizky Pradya; Ismaidar; Firman Halawa
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.52

Abstract

Narcotics crimes are part of extraordinary crimes which result in dependence on the user so that the recovery process takes a very long time and requires a very long period of time to eliminate the effects of dependence on illegal drugs, drug dependence will affect a person's way of thinking, It's not just the mindset that has changed, but it has a big impact on state order or state security, for example narcotics perpetrators from among members of the TNI, who really threaten the state and can destroy the image of law enforcement institutions. The aim of this research is how the role of the Military Police plays in overcoming narcotics crimes committed by the Indonesian National Army (study at Pomdam I/BB) and what are the obstacle factors in overcoming narcotics crimes committed by the Indonesian National Army (study at Pomdam I/BB ). The results of this research in terms of the role of military police are the same as ordinary investigators and all procedures for perpetrators are the same, but there is a specialization in the position structure where the position is removed from the TNI institution, the obstacles experienced by the TNI in dealing with Narcotics Crime, in terms of Investigations, administrative sanctions, witnesses, inaccurate evidence and difficulty in obtaining information from suspects of narcotics crimes.
LEGAL STUDY OF ABUSE OF OFFICE LEADING TO CRIMINAL ACT OF CORRUPTION IN INDONESIA Roland Sahat Uli Banjarnahor; Ismaidar; T. Riza Zarzani
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.100

Abstract

One of the things that hinders the country's economic growth is corruption. Any illegal activity directed at the country's economy or finances needs to be stopped and handled fairly. Abuse of authority, trust, or public or state office for personal gain is the reason that causes corruption. Corruption is classified as an extraordinary crime in order to hinder prosecution because it is difficult to prove the reason for the crime during the trial. those involved in corruption, and those who comply with it. The discussion in this studyHow is the Legal Study of Abuse of Office So That Corruption Occurs? And How is the Regulation of Abuse of Office in Corruption?, then the research method used is the normative legal research method, and the discussion of this study is, as regulated in Law Number 31 of 1999 and Law Number 20 of 2001 concerning the Eradication of Corruption, a legal study of the regulation of abuse of office so that corruption occurs is caused by abuse of authority in office.
EVALUASI PEMIDANAAN TERHADAP PENYALAH GUNA NARKOTIKA YANG MEMPENGARUHI OVER KAPASITAS RUTAN KELAS I LABUHAN DELI Sinambela, Lasma; Ismaidar, Ismaidar; Ramadani, Suci
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 10 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i10.3622

Abstract

Overcapacity of correctional institutions in Indonesia is still a serious problem, one of the main causes is the high criminal prosecution rate against drug abusers. Repressive approach through prison sentences proved unable to resolve the root of addiction, and it worsens the condition of the correctional institution, including Class I Rutan Deli. The study aims to evaluate the effectiveness and impact of criminal offences on drug abusers, analyze applicable legal policies, and assess the contribution of such policies to the overcapacity of the termite. This Research Method uses empirical juridics with a qualitative approach, where data is obtained through library studies, legal documentation, as well as direct interviews with routine officers, law enforcement officials, and inmates. The results of the study showed that criminalizing narcotic abusers was ineffective in addressing addiction and actually increased the risk of residivism. Most of the drug inmates in the routine are users, not dealers, who should get rehabilitation, not prison. Applicable legal policies, particularly Law No. 35 of 2009 on Narcotics, actually provide space for rehabilitative approaches. However, its implementation on the ground is still minimal due to the dominance of the punishment approach. Law enforcement is more oriented to prison criminal criminal than to provide rehabilitation services. As a result, the correctional system becomes overwhelmed and the recovery process for drug abusers does not run optimally. Evaluation of conditions in Class I Rutan Labuhan Deli showed that the penalty directly impacted the surge in the number of residents of the routine and aggravated overcapacity. Therefore, the study recommends reforming legal policy by putting forward rehabilitative approaches and restorative justice. Interagency synergies, rehabilitation agencies, and paradigm changes in the criminal justice system in order to handle drug abusers to be more effective, humane, and sustainable.
Co-Authors , Rahul Ardian Fikri Abdul Rahman Maulana ABDUL RAHMAN MAULANA SIREGAR Abdul Rahman Maulana Siregar 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 Aruf Bahirra Asmarawati, Elly Asmawiah Nainggolan August Saut Maringan Sihombing Aulia Rahman Hakim Hasibuan Azhali Siregar Azhar AR Azhar. AR Bahirra, Aruf Bambang Fitrianto Barus, Enda Leginta Batubara, Muhammad Miftahur Rizki Berlian Evi Yenni Pakpahan Betsyeda Valentina Tarigan 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 Devi Nur Anisa Dewi, Fatia Sari Dhillon, Erick Singh Dodi Sampe Malem Tarigan Efermin Gulo Efraim Abigail Bukit Elisabeth Saragih Erwin Efendi Rangkuti Fadillah Aditya Pratama Fadillah Aditya Prtama Fahdi, Achmad Faruq Rozy Firman Halawa Fitria Ramadhani Siregar Fitrianto, Bambang Frendy Sihotang Frendy Sihotang Gea, Alex Sokhian Gemilang, Gilang Ginting, Enus Graha Ananda Zugusti Lubis 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, Ongku Sapna Fella Heru Suhendro Hutabarat, Samuel Ibrahim Ibrahim Iman Irdian Saragih Irfan Rizky Pradya Jesslyn Elisandra Harefa Joko Christopher Samosir Jona Wira Karya Kaaisar Romolus Deo Sianipar Kasim Kasim Kevin Maisyan Rizaldi Mendrofa Kezia Novrianti Goknauli Br. Sitanggang Kharisda Novtri Gratia Gulo Kospiyandi Krismanto Manurung Lasma Sinambela Lasma Sinambela Lidya Rahmadani Hasibuan, Lidya Rahmadani Lidya Rahmadhani Hasibuan Lindawati Br Surbakti Lucas Medianov Grand Lumbanbatu, Bima Lume Hetty Alphani Simbolon Lusy Ayumas M. Luqmannul Hakim Siregar M. Tegar Pratama Majidah Pohan Mangara Hutagalung Manihuruk, Yani Indah Sari Manullang, Dasdo Parlindungan Marice Simarmata Maya Sari Novita Meliala, Nugraha Manuella Mhd Azhali Siregar MHD AZHALI Siregar Mhd.Ihwanuddin Hasibuan Muhamad ilham Muhamad Ilham Muhammad Aldin Muhammad Arif Sahlepi Muhammad Daud Tarigan Muhammad Fadly Abdina Muhammad Faiz Hadi Muhammad Harimanka S Harahap Muhammad Mujahidin Za Muhammad Reza Triangga Triangga Muhammad safar Muhammad Safar Mula Sihombing Mus Mulyadi Musmulyadi, Musmulyadi Nadia Novitri Hasibuan Nasution, Ahmad Ridwan Nasution, Chairuni Nasution, Sudarno Hariadi Netty br Siahaan Netty BR. Siahaan Netty BR. Siahaan Nugraha Manuella Meliala Nurdiana, Citra Ongku Sapna Fella Hasibuan Pakpahan, Andika Kelvin Franata Panenggaran, Nuke PERMAI YUDI Purnomo, Sagita Putriani Ndruru Putriani Nduru Rahmah Hayati Sinaga Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Raja arsyadil fiqry siregar Ramadani, Suci Ramayanti, Ramayanti Restika Ndruru Rhea Ditya Aulawi Rifki, Mhd. Rifqi Fairuz Ula Rika Suryana Surbakti Riza Sirait Robby Yusuf S Sembiring Rohasiholan Doloksaribu Roland Sahat Uli Banjarnahor Rudi Salam Tarigan Ryan fadli Safar, Muhammad Saputra, Defri Dwi Saragih, Elisabeth Saragih, Romy Rohadi Sari Sania Tampubolon 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 Sirait, Abdur Rahman Siti Annisa, Siti Sitorus, Deskia Renata Suci Ramadani Sukardi Sukardi Sulaiman Sumarno 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 Tengku Muhammad Reza Fikri Dharmawan Tengku Riza Zarzani Tengku Riza Zarzani N Tri Sandi Triangga, Muhammad Reza Triangga Welli Nirpa Pasaribu Wildan Fahriza Wirandi Dalimunthe Yasmirah Mandasari Saragih 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 Zeno Eronu Zalukhu Zufarnesia Zulfa Almira Zulkarnain, Rifa