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Ismaidar I, Ismaidar

Universitas Pembangunan Panca Budi

Author-ID : 5434032

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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.

Juridical Study of the Application of the Integrated Assessment Team (TAT) to Suspects Suspected of Narcotics Abusers at the National Narcotics Agency of Langkat Regency Netty BR. Siahaan; Rahmayanti; Ismaidar
International Journal of Society and Law Vol. 3 No. 3 (2025): December 2025
Publisher : Yayasan Multidimensi Kreatif

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

This study aims to analyze the application of the Integrated Assessment Team (TAT) to suspects suspected of being narcotics abusers at the National Narcotics Agency (BNNK) of Langkat Regency from a juridical perspective. TAT is a mechanism formed based on Law Number 35 of 2009 concerning Narcotics, by involving medical and legal elements to provide recommendations for appropriate treatment for narcotics abusers. The procedure for implementing TAT starts from submitting an assessment application by investigators, administrative examinations, medical and legal assessments, to determining recommendations in the form of medical and social rehabilitation or follow-up legal processes. The results of the study show that the implementation of TAT at BNNK Langkat in general is in accordance with the provisions of the law, where most suspected narcotics abusers are recommended to undergo rehabilitation. However, several obstacles were still found, including the limitations of rehabilitation facilities, differences in perception between TAT elements, and public stigma against narcotics abusers. Therefore, the existence of TAT is very important to realize more humane, proportional, and fair law enforcement, while supporting rehabilitation efforts for narcotics abusers in Lalat Regency.

The Role of the Deli Serdang District Attorney's Office in Postgraduate Education Management Prosecution of Corruption Harahap, M. Emirsyah Hussein; Ismaidar, Ismaidar
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.7853

The role of the Deli Serdang District Attorney's Office in prosecuting corruption crimes is very important in providing a deterrent effect for perpetrators of corruption. With firm and fair prosecution, the Deli Serdang District Attorney's Office can show that corruption is a serious crime that will not be tolerated. This is expected to create fear and a deterrent effect for other potential perpetrators of corruption, so that they think twice before committing corruption. The deterrent effect is very important to create an anti-corruption culture in society. In addition, it also plays a role in returning state losses due to corruption. Through the prosecution process, the Deli Serdang District Attorney's Office can demand that perpetrators pay compensation or return assets. This study uses empirical legal research through field research. The data collection method used in this study is the library research method and the field research method. Data collection was carried out through interviews conducted at the Deli Serdang District Attorney's Office. The Deli Serdang District Attorney's Office in carrying out prosecution coordinates with other institutions in handling corruption crimes such as Expert Witnesses, the Corruption Eradication Commission (SPDP to avoid overlapping) and the State Detention Center (Detention Center). In addition, it tries to prepare evidence and witnesses in the process of prosecuting corruption crimes by preparing various evidence in court, such as: Coordination with related parties, including the Village Head, Sub-district Head and with witnesses who are directly related to corruption cases in witness examinations at the Investigation stage, an Identity Card (KTP) and Mobile Phone Number are attached.

Penerapan Efektivitas Pengawasan Hukum terhadap Manajemen Kepegawaian Daerah dalam Era Otonomi : Tantangan, Solusi, dan Implikasi terhadap Akuntabilitas Pemerintahan Berlian Evi Yenni Pakpahan; Ismaidar Ismaidar; Suci Ramadani
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.57

This study discusses the implementation of the effectiveness of legal oversight of regional personnel management in the era of regional autonomy. Regional autonomy grants broad authority to regional governments to regulate and manage public interests, including in the management of state civil servants (ASN). However, this authority often gives rise to problems, such as nepotism, politically motivated job transfers, and weak accountability in personnel management. Legal oversight is an important instrument to ensure that all personnel policies and practices are implemented in accordance with the principles of legality, professionalism, and accountability. The research method used is normative legal research with a statutory, conceptual, and case approach, as well as qualitative analysis of regulations and personnel oversight practices. The results of the study indicate that the effectiveness of legal oversight is greatly influenced by the consistency of regulatory implementation, the strength of supervisory institutions such as the State Civil Service Commission (KASN) and the State Civil Service Agency (BKN), and the legal culture of regional apparatus. Strict enforcement of sanctions against violations also plays an important role in maintaining the integrity of the merit system. The conclusion of this study confirms that effective legal oversight can prevent abuse of authority, strengthen the professionalism of civil servants (ASN), and support the achievement of regional autonomy goals, namely improving the quality of public services and public welfare. Therefore, strengthening regulations, supervisory institutions, and internalizing the values of good governance are necessary to realize transparent, accountable, and integrity-based regional personnel management.

THE IMPACT OF POLITICAL LEGAL DEVELOPMENTS ON LAW ENFORCEMENT IN INDONESIA Ismaidar; Anwar Ibrahim
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 3 (2024): FEBRUARY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i3.356

Laws are guidelines and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that law is always faced with the question of whether the law can achieve justice. Related to this legal concept, legal politics is defined as activities that determine patterns and ways of forming laws, overseeing the operation of laws, and updating laws for the purposes of the State. Therefore, law is a determinant of politics, and is also related to democracy in the sense that political activities are regulated and must comply with legal rules. Law is viewed from the perspective of das sollen (necessity), viewing that law must be guided by the relationships between members of society. Meanwhile, those who view it from the point of view of das sein (reality), empiricists see that law is greatly influenced by politics, not only in the process of making it, but also in its empirical realities. So that law is influenced by politics and even today, legal autonomy in Indonesia is often intervened by politics, not only in terms of its creation, but also in its implementation, both in terms of law enforcement. This research aims to find out what is the impact of legal political developments on law enforcement in Indonesia? How does legal politics exist in law enforcement in Indonesia? The method used in research is normative juridical.

POLITICAL LEGAL IN SETTING THE AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 AND MARRIAGE DISPENSATION IN PERMA NUMBER 5 OF 2019 Ismaidar; Alimal Yusro Siregar
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 3 (2024): FEBRUARY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i3.368

Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage increases the minimum age for marriage for both men and women to 19 years. This is not just equalizing the minimum age for men and women, but there are government legal policies to improve the quality of Indonesian marriages. The age limit for marriage for citizens is in principle intended to ensure that couples who are getting married are expected to have maturity of thought, mental maturity and adequate physical strength. The legal politics of marriage dispensation in Indonesia are related to Marriage Law. Marriage dispensation is regulated in the law because the minimum age limit for marriage has been changed to 19 years for both sexes. Marriage dispensation legal policies are influenced by philosophical and sociological considerations such as justice, benefit, expediency and legal certainty. PERMA Number 5 of 2019 provides guidelines and standards for judges in considering and determining dispensational marriages and paying attention to the best interests of children. However, clearer clarification is needed from the State regarding the emergency situation that allows marriage dispensations and stricter procedures for marriage dispensation to prevent premature marriage.

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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