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Henry Aspan

Faculty Of Social And Science, Universitas Pembangunan Panca Budi, Indonesia

Author-ID : 5496978

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LEGAL PROTECTION FOR DEBTORS IN SHARIA ECONOMIC CASES SKMHT DECISION NUMBER 723/PDT.G/PA Gtlo Yopa Emalia Fajarini; Henry Aspan; Dahlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3395

This journal discusses the legal issues related to the disbursement of financing facilities amounting to Rp. 80,000,000,- by DEFENDANT I without any valid Mortgage Rights binding on SHM No. 34/Buladu, which resulted in the disbursement being considered invalid. Decision Number 723/PDT.G/2021/PA.Gtlo confirms that the deeds made do not meet the formal requirements and must be declared null and void by law. This study also highlights legal protection for debtors in the context of sharia economics, with a focus on fiduciary guarantees regulated in Law No. 42 of 1999. The case discussed involves the confiscation of fiduciary guarantee objects due to the debtor's default, as well as the importance of SKMHT (Power of Attorney to Charge Mortgage Rights) as a legal instrument to secure the creditor's position. This study uses normative legal methods and identifies the factors causing the debtor's default, as well as the correct procedures in issuing APHT (Deed of Granting Mortgage Rights). The results of the study indicate that there is abuse of conditions in the agreement and breach of promise by the debtor, and emphasize the importance of understanding the rights and obligations of debtors and creditors in debt agreements.

ANALYSIS OF LEGAL PROTECTION OF FULFILLMENT OF CHILDREN'S RIGHTS IN DIVORCE CASES IN MEDAN, NORTH SUMATRA Mutia Octavia; Henry Aspan; Beby Sendy
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3396

Divorce can be imagined as very sad when viewed from the perspective of a child's life. After a husband and wife officially divorce, Law No. 35 of 2014, especially Article 14, emphasizes that every child has the right to be raised by their own parents, unless there are valid reasons and/or legal regulations that indicate that the separation is in the best interests of the child and is the last consideration. This study aims to determine the fulfillment and legal protection that children receive in divorce cases. The obligations of both parents that must be fulfilled as regulated in Law No. 35 of 2014, Article 9 concerning child protection, state that when a divorce occurs, parents are still obliged to fulfill the child's rights with full affection. The results of this study were conducted to determine how children's rights are fulfilled in divorce in North Sumatra. This study was conducted with information sources from the Indonesian Child Protection Agency (LPAI) in North Sumatra. The results of this study indicate that with divorce, children's rights have not been fully fulfilled. However, to be able to realize this, awareness of both parents is needed that there are still children's rights that must be fulfilled after a divorce occurs.

LEGAL REVIEW OF THE REFUND PROCEDURE IN CASES OF FAILURE TO PAY A LAND SALE-PURCHASE DEED IN A LAWSUIT ORIGIN OF DEBT AND RECEIVABLE (Court Decision Study Number: 760/Pdt.G/2023/PN.Mdn) Reza Ananda Syahputra; Henry Aspan; Siti Nurhayati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3632

The land sale and purchase deed serves as authentic evidence in business transactions protected by civil law, as regulated in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, which states that this deed is the basis for registering the transfer of rights at the Land Office. However, in practice, disputes often occur due to a lack of clarity in the agreement, violation of the agreement, or one of the parties failing to fulfill its obligations. In the case of Decision No. 760/Pdt.G/2023/PN.Mdn, the dispute arose when the plaintiff requested a refund for a land sale and purchase transaction that initially involved debts and land certificate guarantees. This case is important to analyze, especially in the context of civil law regarding the formal and substantive requirements of civil lawsuits. The formulation of the problem in this study is What is the legal procedure for refunding funds in cases of default on land sale and purchase deeds, What are the legal considerations of the court in assessing the lawsuit filed by the plaintiff, Is the judge's decision in Decision No. 760/Pdt.G/2023/PN.Mdn has provided adequate legal protection for the parties involved. This research was conducted using a descriptive approach with qualitative methods with a normative juridical research type based on secondary data sources taken from case studies of court decisions and laws with analysis using related legal materials. The results of the study indicate that the plaintiff's claim in this case is declared vague (obscuur libel) because the posita and petitum are unclear, and there is a lack of written evidence supporting the plaintiff's claim. The Panel of Judges also stated that there was an error in determining the defendant (error in persona), so the lawsuit does not meet the formal requirements. To avoid this, the lawsuit must be drafted with a clear posita and petitum, supported by strong evidence, and addressed to the appropriate defendant. By fulfilling the formal and substantive requirements, the lawsuit can be deemed not vague and has a chance of being accepted in court.

JURIDICAL STUDY ON THE PHENOMENOLOGY OF DIGITAL CRYPTOCURRENCY ASSETS FROM A LEGAL PERSPECTIVE TAX COLLECTION AND SHARIA QANUN IN INDONESIA Rico Nur Ilham; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 5 (2024): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i5.1937

This study analyzes the phenomenology of cryptocurrency digital assets from the perspective of taxation and sharia law in Indonesia. Cryptocurrency, as a digital innovation based on blockchain technology, has received significant attention both as an alternative investment and a means of transaction. However, its existence poses regulatory challenges, especially in terms of taxation and compliance with sharia principles. This study uses a normative legal method with a legislative and conceptual approach to understand how tax regulations and sharia law regulate cryptocurrency transactions in Indonesia. Data were obtained through literature studies, analysis of relevant legal documents, fatwas, and Qanuns, and interviews with legal and sharia experts. The results of the study show that the Indonesian government has begun to regulate taxes on cryptocurrency transactions through several policies, although there are still challenges in their implementation, such as assessing transaction values and accurate reporting. From a sharia perspective, views on cryptocurrency vary. Some scholars accept cryptocurrency as halal, while others consider it haram due to speculative reasons and the lack of clear underlying assets. In Aceh, as a province with full implementation of sharia law, regulations related to sharia financial transactions are more complex. This study recommends harmonization between tax regulations and sharia law to create legal certainty and justice for all parties involved. The government is expected to strengthen regulations and supervision of cryptocurrency transactions and conduct socialization and education to the public regarding tax obligations and sharia principles related to cryptocurrency. With a comprehensive and integrative approach, it is hoped that a cryptocurrency regulatory system can be created that is fair, efficient, and in accordance with positive and sharia legal values in Indonesia.

REVIEW OF LEGAL PROTECTION FOR CRIMINAL ACTS CHILD NARCOTICS AS DRUG DEALERS IN Law 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection (Study of Decision Number 7/Pid.Sus/2024/PN Mdn) Daniel Mulia; T. Riza Zarzani; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3865

This research analysis is related to the Review of Legal Protection for Narcotics Crimes for Children as Drug Dealers in Law 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection (Decision Study: 7/Pid.Sus-Anak/2024/PN.Mdn. Which in this case occurred where in this case the perpetrator of a narcotics crime was a minor and committed the crime of narcotics distribution and was subject to punishment based on article 114 Paragraph 1 with a sentence of life imprisonment or a minimum of 5 years and a maximum of 20 years, the final decision in the trial was deemed by the author to not fulfill the elements of child protection by considering that the child was a victim ordered by the defendant Teguh and dropped out of 6th grade elementary school because of family economic factors and laziness in studying as regulated in Law 35 of 2014 concerning child protection the judge's decision regarding legal protection for criminal acts of child narcotics dealers based on Law No. 35 of 2009 concerning Narcotics and Law no. 35 of 2014 concerning Child Protection where by considering these two laws, children who commit criminal acts can obtain their rights and can be.

LEGAL REVIEW OF ONLINE GAMBLING CRIMES IN INDONESIA ACCORDING TO LAW NUMBER 11 OF 2008 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS Novan Trianda Matondang; Henry Aspan; T. Riza Zarzani
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3982

Modern developments that drive advancements in technology and the internet have had a positive impact on society. People can easily access everything available on electronic media. However, the development of internet-based electronic media can also have negative impacts, such as the emergence of new social problems, namely the emergence of online gambling cases. Online gambling is a form of betting between players using money as the wager determined by the player and the online gambler, conducted on electronic media connected to the internet. Online gambling is illegal and violates existing societal values and norms. The type of research used in this journal is normative juridical legal research, which emphasizes efforts to find and analyze legal rules, legal principles, and legal doctrines, including the objectives of law and applicable values of justice. The analytical method applied uses a deductive reasoning approach, by collecting information and data through the study of relevant legal literature. What are the legal provisions for criminal acts of gambling via the internet according to Law Number 11 of 2008 concerning Information and Electronic Transactions? What is the criminal responsibility for online gambling using the internet according to Law Number 11 of 2008 concerning Information and Electronic Transactions. Therefore, there is a need for strict criminal sanctions imposed on online gambling perpetrators. The provisions for criminal acts for online gambling perpetrators in Indonesia are regulated in Article 303 bis of the Criminal Code, Article 2 paragraphs (1), (2), (3) of Law No. 7 of 1974 concerning Gambling Publication and Article 27 paragraph 2 Jo. Article 45 paragraph 2 of the ITE Law

IMPLEMENTATION OF ALTERNATIVE DISPUTE RESOLUTION IN RESOLUTION OF DISPUTES DUE TO BUILDING FAILURE IN BUILDING CONTRACTING AGREEMENTS Muhammad Ari Syahputra; Redyanto Sidi; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i5.1213

There is a building failure in terms of the time period after the construction work was handed over for the last time (FHO), when viewed from the substance of the work, the building failure has occurred in part or in full malfunction of the results of the construction work from a technical, benefit, safety and health perspective Work; in summary the time after the FHO, due to non-functioning construction work results. The specifications of the research used are descriptive analysis and normative legal research. The technique of collecting legal material that will be used as a source in this study is library research, namely collecting legal material by reading laws and regulations, official documents, journals, articles from the internet, as well as other literature that is closely related to The issues discussed are based on secondary legal materials. The implementation of the project or building construction involves various parties who take part in it, namely the employer, the architect and the contractor. A contracting agreement is an agreement between one party (the contractor) and another party or (the contractor) in which he binds himself to carry out a work regarding the manufacture of a work (het maken van werk) by receiving a price according to the specified price. Efforts to settle alternative dispute resolution in the settlement of contracting disputes through several efforts such as arbitration, negotiation, mediation or by making efforts or applying court channels if they are not resolved out of court.

REGULATIONS AND CONCEPTS OF TRADE LEGAL FORM IN THE COUNTRIES OF BRUNEI DARUSSALAM AND INDONESIA Zulfahmi Harahap; Rico Nur Ilham; Sardi; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1340

This research aims to determine the legal regulations and concepts of trade law in Brunei Darussalam and Indonesia as regulated in the Laws of Brunei, Chapter 106 Contracts. There are 5 points that can be studied from the regulations in these 2 countries, namely: Legal Entity Status, Partnership Establishment, Partnership Organs, Responsibilities and Partnership Dissolution. This is a reference for updating Partnership regulations in Indonesia in the future by referring to Brunei Darussalam state regulations. This research is normative legal research, namely research that prioritizes library research to obtain secondary data. The approach used in this research is a statutory approach.

GENERAL OVERVIEW OF HEALTH LAW IN INDONESIA Dwi Faradina; Tri Faranita; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1561

Initially, health development relied on efforts to treat disease and restore health, shifting to implementing comprehensive health efforts with an emphasis on efforts to prevent disease and improve health. Adequate health legal instruments are intended to provide legal certainty and comprehensive protection for both providers of health efforts and communities receiving health services. The legal basis for health is regulated in Law Number 36 of 2009 concerning health. Health Law is all legal provisions that relate directly to health maintenance/services. This concerns the rights and obligations of receiving health services (both individuals and levels of society) as well as the implementation of health services in all its aspects, organization, facilities, medical service standards and so on. A Health Worker is any person who dedicates themselves to the health sector and has knowledge and/or skills through education in the health sector, which for certain types requires authority to carry out health efforts. As legal subjects, actors in the health sector such as doctors, dentists, hospital directors, heads of health services, heads of divisions, heads of community health centers always carry out legal actions. Legal actions taken if they conflict with applicable regulations will result in legal sanctions.

EFFORTS TO FULFILL THE HEALTH RIGHTS OF PRISONERS IN PLACES OF DETENTION Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1562

One of the rights of prisoners is to receive health insurance, but often detainees' health rights are not fulfilled. This is clearly very contradictory where in the Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-PK.04.10 of 1990 concerning Patterns of Development for Prisoners/Detainees, the Minister of Justice of the Republic of Indonesia states in section C regarding health care. Apart from that, Law Number: 39 of 1999 concerning Human Rights Article 4 emphasizes the importance of fulfilling the health rights of prisoners and one of the rights that prisoners have is contained in Government Regulation Number: 58 of 1999 Article 9, namely regarding responsibility for prisoner care, prisoners have the right to receive prisoner care including physical and spiritual care, in terms of health services. However, its implementation is very difficult if it is carried out in accordance with existing regulations, because the expected conditions are different from the conditions in reality. In reality, we often find various kinds of obstacles faced by the management of places of detention, these obstacles include overcapacity in prisons, there is still a lack of special officers in the health sector in the management of places of detention which is still hampered by the problem of limited budget funds. .

Co-Authors Abdul Rahman Maulana Siregar Abdul Razak Nasution Ade Syafitri Agus Adhari Ahmad Junaidi Alief, Muhammad Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Andoko Andoko, Andoko Angelina E. Rumengan Anggy Auliawan Ansori Maulana Ari Prabowo Ari Prabowo Ari Prabowo, Ari Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Beby Sendy Berton Lumban Tobing CHANDRA DEWI Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Dhermawan, M. Ryan Dian Mahardi Lestari Dira Dinda Alti Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Fadlan Fadlan Fadlan Fadlan Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Ginting, Gloria Gita Putri Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hardi Hermawan Hasdiana Juwita Bintang Henky Dalimunte Herman , Herman indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Kiki Farida Ferine Kurniawan, Franky Lestari Lamindo Limbong Lestari, Dian Mahardi Lestari, Indawati Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Manullang, Hotman Mariana Zhuo Mariduk Lumban Tobing MHD AZHALI Siregar Mhd. Azhali Siregar Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Edwin Syahputra Lubis Muhammad Fauzy Daulay Muhammad Husni Dalimunthe Muhammad Iqbal Anwar Muhammad Riza Murnita, Eva Mutia Octavia Nasution, H. Abdul Razak Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Rosli, Rozaini Rozaini Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tanjung, Yahya Tarigan, Egi Christianta Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)