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Ismaidar I, Ismaidar

Universitas Pembangunan Panca Budi

Author-ID : 5434032

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LEGAL REVIEW OF THE EFFECTIVENESS OF PROVIDING LEGAL AID BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Syaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.418

Technological advances in Indonesia have driven transformations in various sectors, including in the provision of legal aid services by advocates. This study examines the effectiveness of providing legal aid through digital media from a legal perspective, focusing on the opportunities and challenges faced in its implementation. Through a normative legal approach, this study analyzes the legal framework governing the practice of digital legal aid, including the Advocates Law, the ITE Law, and the Advocate Code of Ethics. The results of the study indicate that providing legal aid through digital media can increase the accessibility of legal services, especially for people in remote areas. However, its implementation still faces various challenges, such as the absence of specific regulations, data security issues, and digital infrastructure gaps. Advocates who provide services online can be categorized as Electronic System Organizers who must comply with the provisions of the ITE Law, especially regarding data protection and electronic transaction security. This study concludes that comprehensive regulatory updates are needed to regulate the practice of digital legal aid, as well as improving digital infrastructure and literacy to ensure service effectiveness. Key recommendations include the preparation of technical guidelines for the provision of digital legal aid and strengthening data security systems to protect client interests.

JURIDICAL REVIEW OF THE EFFECTIVENESS OF LEGAL AID PROVISION BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Sayaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.424

The rapid advancement of technology in Indonesia has catalyzed transformation across various sectors, including the provision of legal aid services by advocates. This study investigates the effectiveness of delivering legal aid through digital media from a juridical perspective, with particular emphasis on the opportunities and challenges associated with its implementation. Employing a normative juridical approach, the research examines the legal frameworks regulating digital legal aid practices, notably the Advocate Law, the Electronic Information and Transactions (ITE) Law, and the Advocate Code of Ethics. The findings indicate that digital media can significantly enhance the accessibility of legal services, particularly for communities in remote areas. Nevertheless, the implementation of digital legal aid faces persistent challenges, including the absence of specific regulatory provisions, concerns over data security, and disparities in digital infrastructure. Advocates providing online legal services may be classified as Electronic System Providers and are thus obliged to comply with the provisions of the ITE Law, especially those relating to data protection and the security of electronic transactions. The study concludes that comprehensive regulatory reforms are essential to govern the practice of digital legal aid effectively, alongside efforts to improve digital infrastructure and literacy. Key recommendations include the development of technical guidelines for digital legal aid delivery and the reinforcement of data security systems to safeguard clients’ interests.

Law Enforcement Against Perpetrators of Assault Crimes in the Jurisdiction of Tapanuli Utara Police towards Victims Who Have Died Habeahan, Delianto; Ismaidar; Muhammad Arif Sahlepi
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 1 (2025): Mei 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i1.1349

Law enforcement is the process of applying the law carried out by authorized parties in society to ensure that the law is implemented and obeyed by every citizen. This process involves security apparatus and courts that are responsible for examining and processing actions that violate the law as well as imposing sanctions on those proven guilty. Law enforcement against offenders of assault that causes the victim's death is regulated in Article 351 paragraph 3 of the Criminal Code, which addresses the crime of assault resulting in death. It states that if the act is assault that results in death, the guilty will be punished with a maximum prison sentence of 7 (seven) years. This research uses normative legal research by examining literature sources to obtain materials in the form of theories, concepts, principles, and legal regulations related to law enforcement against perpetrators of assault in the jurisdiction of the North Tapanuli Police towards victims who have died.

Law Enforcement Against the Criminal Acts of Lobster Seed Smuggling in West Tanjung Jabung Regency : Study of Case Register Decision Number: 144/Pid.Sus/2023/Pn.Klt Daniel Edward Hernando Situmorang; Ismaidar Ismaidar; Muhammad Arif Sahlepi
International Journal of Sociology and Law Vol. 2 No. 3 (2025): 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.v2i3.707

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law is enforced by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt ), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

Peran Advokasi Hukum dalam Bantuan Hak Rakyat Miskin terhadap Implementasi Posbakum Ismaidar Ismaidar; Andreas Nainggolan
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5432

An advocate is a legal professional who provides legal services both inside and outside the courtroom based on statutory law. During the Dutch colonial era, legal representation by advocates was extremely expensive, making it accessible only to individuals of high social status. At that time, indigenous people, who were generally impoverished, could not afford legal representation. However, this situation has changed with the enactment of Law No. 16 of 2011 on Legal Aid. This law guarantees the constitutional right of every individual to receive free and quality legal assistance, especially for underprivileged communities, through Legal Aid Posts (Posbakum). Advocates working at Posbakum help marginalized individuals understand their rights, provide legal consultations, and prepare essential legal documents.

TINJAUAN YURIDIS SISTEM PEMBUKTIAN DALAM PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA Gulo, Efermin; Siregar, Azhali; Ismaidar, Ismaidar
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3299

Abstract: Corruption is an inseparable part of human history and is among the oldest forms of crime, often regarded as one of the diseases of society, similar to other crimes such as theft, which have existed since the dawn of humanity. The main issue faced today is that corruption tends to increase alongside prosperity and technological advancement. Experience shows that as a nation's development progresses, people's needs and desires grow, and one of the consequences may be a greater tendency to commit corrupt criminal acts. This research employs a normative legal method, which refers to legal norms found in statutory regulations, literature, societal legal norms, and relevant data, all of which are analyzed to address the research problems. This study clearly aims to analyze the application of land laws, using a qualitative research approach conducted through examining legal literature and regulations related to the topic of "A Juridical Review of the Proof System in Handling Corruption Crimes in Indonesia." The legal process is essential in establishing an effective anti-corruption system; therefore, justice must be fairly enforced. Fugitive corruptors who flee abroad must be brought back to their home country and sentenced appropriately. Eradicating corruption is the most urgent issue that must be addressed in the nation, as it has significantly hindered national progress. Corrupt practices have become so widespread and appear to be beyond government control. However, efforts to combat corruption are frequently obstructed by various complex challenges. This crime can occur anywhere, meaning it is not limited by space, time, or race. It is closely related to laws and regulations within the legal field that are positively enforced. Punishment is an unpleasant consequence (suffering) imposed by a judge through a verdict upon individuals who have violated criminal laws. Keywords: System, Proof, Corruption Crime.

Pengaruh Politik Hukum terhadap Kesehatan Masyarakat di Indonesia: Analisis Kebijakan dan Implementasi Ismaidar; Tamaulina Br. Sembiring; T. Ikhsan Ansyari Husny
Dinamika Hukum & Masyarakat Vol. 7 No. 2 (2024): DINAMIKA HUKUM DAN MASYARAKAT
Publisher : Fakultas Hukum Universitas Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30737/dhm.v7i2.6636

Artikel ini mengkaji hubungan antara politik hukum dan kesehatan masyarakat di Indonesia, dengan fokus pada dampak kebijakan hukum terhadap sistem kesehatan nasional. Penelitian ini menggunakan pendekatan yuridis normatif dan empiris untuk menganalisis berbagai kebijakan kesehatan dan implementasinya dalam konteks Indonesia. Hasil penelitian menunjukkan bahwa politik hukum memiliki pengaruh signifikan terhadap kesehatan masyarakat Indonesia. Berbagai produk hukum telah dihasilkan untuk mengatur sistem kesehatan nasional, namun implementasinya masih menghadapi berbagai tantangan, seperti kesenjangan infrastruktur kesehatan, keterbatasan anggaran, dan koordinasi antar lembaga yang belum optimal. Upaya reformasi kebijakan kesehatan yang disarankan mencakup penguatan sistem kesehatan primer, peningkatan anggaran kesehatan, pemerataan fasilitas kesehatan, dan pengembangan sumber daya manusia kesehatan. Keberhasilan implementasi kebijakan kesehatan juga bergantung pada koordinasi antar pemangku kepentingan, konsistensi implementasi, dukungan anggaran yang memadai, serta monitoring dan evaluasi berkelanjutan. Kata Kunci: Politik hukum, kesehatan masyarakat, kebijakan kesehatan, Indonesia, sistem kesehatan nasional

Scope of Law in Implementing the Law on Money Laundering in the Framework of Eradication of Criminal Acts of Corruption Efermin Gulo; Azhali Siregar; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 2 No. 3 (2025): 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.v2i3.742

White-collar crime has evolved to a transnational scale, transcending national boundaries. The crimes are increasingly sophisticated and well-organized, making them difficult to detect and eradicate effectively. Criminals continually seek to secure their proceeds through various means, including complex schemes of money laundering involving international financial networks. To enforce the law on money laundering, proof of the occurrence of money laundering is necessary. Therefore, prior to carrying out the investigation, several key elements must be understood, including the basic concepts of money laundering, the methods of money laundering, and indirect methods of evidence. The crime of money laundering is based on Law No. 15 of 2002 and has been carried out in accordance with the applicable provisions, namely Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), and the Procedural Law contained in Law No. 15 of 2002 concerning the Crime of Money Laundering as amended by Law No. 25 of 2003 concerning Amendments to Law No. 15 of 2002 concerning the Crime of Money Laundering. Obstacles that arise in investigating money laundering crimes can be categorized into two categories: legal and non-legal. Legal obstacles include provisions on bank secrecy, investigators' obligations to protect reporters and witnesses, investigators' incomplete perceptions of money laundering, and incomplete information from the Financial Transaction Reports and Analysis Center (PPATK). Non-legal obstacles include reporters not necessarily being victims, limited human resource capacity of investigators, lack of adequate facilities, minimal public awareness, insufficient institutional coordination, and technological gaps that hinder optimal enforcement efforts.

Accountability Of Perpetrators Of Murder Accompanied By Rape Of A Minor (Judgment Study Number 580/Pid.B/2022/PN.Stb) Susanti, Rulita; Sahlepi, Muhammad Arif; Ismaidar, Ismaidar
Jurnal Multidisiplin Dehasen (MUDE) Vol 4 No 4 (2025): Oktober
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v4i4.9255

Murder and rape are criminal acts regulated under the Criminal Code (KUHP). Murder that results in the unlawful death of a person is regulated under Article 338 of the KUHP, with a penalty of up to 15 years in prison. Meanwhile, rape involving violence or the threat of violence is regulated under Article 285 of the KUHP, with a penalty of up to 12 years in prison, as well as under Law No. 12 of 2022 on Sexual Violence Crimes. Murder accompanied by the rape of a minor is a concurrent criminal offense regulated under Article 340 of the KUHP and Article 285 of the KUHP. In addition, the Child Protection Law is regulated under Law No. 35 of 2014, as the victim in this case is a minor. In this case, the judge will consider various factors, including the prosecutor’s demands, the fulfilled elements, and aggravating and mitigating circumstances. This research uses a normative-empirical method by examining existing case studies. The purpose of this research is to understand the criminal law enforcement for holding perpetrators accountable for murder accompanied by the rape of a minor. The results of the study indicate that the perpetrators can be charged under applicable articles, including Article 80 (3) in conjunction with Article 76 C of Law No. 35 of 2014 on Child Protection. The perpetrators are also proven legally and convincingly guilty of committing acts of violence against a child that resulted in death. The defendant was sentenced to 13 (thirteen) years in prison and a fine of IDR 1,000,000,000 (one billion rupiah), or in default, six (6) months of imprisonment.

The Role of the Indonesian National Police in Realizing Restorative Justice in Cases of Criminal Defamation Through Social Media (Case Study at the Pematangsiantar Police Headquarters) Zendrato, Ferawati; Ismaidar, Ismaidar; Firman Halawa
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

The purpose of this study is to describe the role of the Pematangsiantar Police in realizing restorative justice in cases of criminal acts of defamation through social media and also to describe how defamation is regulated based on the perspective of Law No. 8 of 2011 as amended by Law No. 19 of 2016 concerning Information and Electronic Transactions contained in Article 27 paragraph (3) and the obstacles and efforts of the Pematangsiantar Police in realizing restorative justice. This research is descriptive and analytical in nature, obtained through normative and empirical legal approaches. Data collection techniques in this study were carried out using interview methods and literature studies. The types of data used in this study are primary data consisting of laws and secondary data consisting of various reading materials related to the research title, such as books, articles, journals, and literature. Based on the research results, it shows that (1) the regulation of criminal acts of defamation through social media has been regulated in Article 27 paragraph (3) of the ITE Law and the explanation of the implementation is in the Joint Decree of the ITE Law which is a guideline for the Pematangsiantar Police, (2) the role of the Pematangsiantar Police in realizing restorative justice in cases of criminal acts of defamation through social media includes receiving complaints, summonses, investigations and inquiries, examinations in which the police apply a resolution using the restorative justice method until it is successful with the stage of terminating the case if both parties agree to make peace, (3) The obstacles faced by the Pematangsiantar Police in realizing restorative justice at the investigation and inquiry stages are the difficulty in bringing the parties together, the failure to reach an agreement and the absence of a special budget allocated for the restorative justice process. To overcome these obstacles, efforts need to be made, namely: investigators should take a more humanistic approach to both parties, improve the quality and professionalism of human resources of law enforcement officers.

Co-Authors , Rahul Ardian Fikri Agus Adhari 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 Aritonang, Timotius Asmawiah Nainggolan August Saut Maringan Sihombing Azhali Siregar Azhar AR Azhar. AR Bahirra, Aruf 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 Efendi Rangkuti, Ewin Efermin Gulo Efraim Abigail Bukit Elisabeth Saragih Erwin Efendi Rangkuti Fadillah Aditya Pratama Fadillah Aditya Prtama Firman Halawa Firman Halawa Gulo, Efermin Habeahan, Delianto Haharap, Rizki Nanda Fauzi Harahap, M. Emirsyah Hussein Haris Putra Utama Limbong Harun Firman Kurniansyah Hasibuan, Helviana Heru Suhendro Hutabarat, Samuel Ibrahim Ibrahim Irfan Rizky Pradya Irfan Rizky Pradya Ismed Jesslyn Elisandra Harefa Joko Christopher Samosir Jona Wira Karya Kasim Kasim Kevin Maisyan Rizaldi Mendrofa Krismanto Manurung Lasma Sinambela Lidya Rahmadani Hasibuan, Lidya Rahmadani Lindawati Br Surbakti M. Luqmannul Hakim Siregar Mangara Hutagalung Marice Simarmata MHD AZHALI Siregar Mhd. Ihwanuddin Hasibuan Muhamad ilham Muhammad Aldin Muhammad Arif Sahlepi Muhammad Daud Tarigan Muhammad Faiz Hadi Muhammad safar Mus Mulyadi Nasution, Sudarno Hariadi Netty br Siahaan Netty BR. Siahaan Nugraha Manuella Meliala Nurdiana, Citra Pakpahan, Andika Kelvin Franata Panenggaran, Nuke PERMAI YUDI Prabowo, Deny Putriani Nduru Rahmayanti Rahmayanti Rahmayanti Rahmayanti Ramadani, Suci Restika Ndruru Rhea Ditya Aulawi Rifqi Fairuz Ula Risdawati, Irsyam Riza Sirait Robby Yusuf S Sembiring Roland Sahat Uli Banjarnahor 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 Sihombing, Yossri Mantaw Silaen, Reinhard Mark Luhut Sinaga, Rahmah Hayati sinergilp, T Riza Zarzani sinergilp, Zufarnesia Sirait, Abdur Rahman Siregar, Azhali Siti Annisa, Siti Sitorus, Deskia Renata Suci Ramadani Sulaiman Sumarno Sumarno . Suramin Suramin Susanti, Rulita Suwirza, Eka Syaharani, Nabilah Syahranuddin, Syahranuddin T. Ikhsan Ansyari Husny Tamaulina Br Sembiring Tamaulina Br. Sembiring Tamaulina Br.Sembiring Tamulina Br. Sembiring Tengku Muhammad Reza Fikri Dharmawan Tengku Riza Zarzani Tengku Riza Zarzani N Welli Nirpa Pasaribu Wirandi Dalimunthe Yasmirah Mandasari Saragih Yoldy Israq Yossri Mantaw Sihombing Yudhistira, Bonar Yulia Christy Shintara Aruan Zahra Syavica Zahrana Syavica Zendrato, Ferawati Zeno Eronu Zalukhu Zulkarnain, Rifa

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