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Henry Aspan

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

Author-ID : 5496978

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MINING MANAGEMENT LICENSING: OPPORTUNITIES AND CHALLENGES FOR INDIGENOUS COMMUNITIES Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1568

According to Presidential Regulation of the Republic of Indonesia Number 70 of 2023 concerning Allocation of Land for Investment, mining business permits may be granted to community organizations, as explained in Article 2 paragraph 1 letter f, Article 4 paragraph (5) letter c, Article 9, and Article 12 paragraph (1). This regulation also opens up the possibility of land allocation for various types of business entities, from small to large scale. However, one thing that is not yet clear is how indigenous communities can be more involved in mining management. That when talking about mining management permits for communities, the importance of accommodating indigenous communities is not only limited to the organizational level. Management of mineral and coal resources should contribute significantly to the economy and welfare of indigenous communities. Clear regulations are needed regarding the recognition and protection of the rights of indigenous communities as well as increasing the capacity of indigenous communities in the mining sector. This can be implemented through collaboration with BUMN in the mining sector as the aim is not only to focus on profit but also on community welfare as an agent of development.

JURIDICAL REVIEW OF THE ARRANGEMENT AND IMPLEMENTATION OF CERTAIN TIME WORK AGREEMENTS IN LAW NUMBER 6 OF 2023 CONCERNING JOB COPYRIGHT AND LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT Etty Uyun; Henry Aspan; Dahlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1603

Law Number 6 of 2023 concerning Job Creation, there are changes to the provisions related to certain time work agreements (PKWT) which were previously regulated in Law Number 13 of 2003 concerning Employment. Law Number 6 of 2023 concerning Job Creation then experienced rejection from many workers because there were several changes to the provisions regarding fixed-term work agreements (PKWT) which were feared to result in changes to the time period within which a fixed-term work agreement (PKWT) could be entered into, the duration of which was determined. by a work agreement and is not regulated regarding the maximum limit in the law. The formulation of the problem in this research is, How does the regulation of fixed-term work agreements in Law Number 6 of 2023 and Law Number 13 of 2003 compare? What are the problems faced regarding the implementation of fixed-term work agreements after the enactment of the Job Creation Law? ?, This research uses a normative juridical method with a statutory approach and a conceptual approach. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research concern regulations and implementation as well as issues regarding fixed-term work agreements in Law Number 13 of 2003 concerning Employment and after the enactment of the Job Creation Law.

INDEPENDENCE OF THE CURATOR IN THE MANAGEMENT AND DISPOSAL OF BANKRUPTCY PROPERTY Zul Pahmi Harahap; Fitri Rafianti; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1622

The curator has an important role in a bankruptcy to manage and settle the bankruptcy assets. Article 1 point 5 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations states that what is meant by Curator is the Inheritance Property Office or an individual appointed by the court to manage and settle the assets of a bankrupt debtor under the supervision of a supervising judge. In carrying out the task of settling and managing bankruptcy assets, the curator must be independent and not take sides with either party. What is the curator's responsibility for the risk of loss in the Management and Settlement of Bankruptcy Assets? What is the curator's authority over bankrupt debtors who are not cooperative in a bankruptcy process? This research is normative legal research, the research was carried out by reviewing secondary data in the form of library materials, which include primary materials, secondary and tertiary materials. The entire data obtained (secondary data and primary data) was then processed systematically and qualitatively to produce writing. analytical descriptive. In this case, the researcher conducted an analytical juridical study to see the role and responsibilities of the curator in the management and settlement of bankruptcy assets.

LEGAL PROTECTION FOR PRISONERS IN ILLNESS WHO REQUIRE HOSPITAL TREATMENT Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.43

Indonesia has ratified the Convention Against torture and other cruel, inhuman or degrading treatment or punishment (adopted and opened for signature and accession by General Assembly Resolution 39/46 of 10 December 1984 into Law Number 5 of 1998 which came into effect on 28 September 1998 . The Convention relates to the promotion and protection of the rights of prisoners which are accommodated in the prohibition of torture and other treatment or punishment that is cruel, inhuman and degrading to human dignity. Suspects who are detained and experiencing health problems, it is in the interests of investigative examinations and for the smooth running of examination of suspects requires treatment. In Indonesia, regulations regarding the rights of prisoners in the health sector are contained in several laws, including based on the decision of the Minister of Justice of the Republic of Indonesia No. 1995 concerning Corrections, Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Inmates. Health services for prisoner patients are carried out in a promotive, preventive, curative and rehabilitative manner, the implementation of which is currently not yet running optimally, this is indicated by the fact that health services for prisoners have not been carried out on a scale, integrated, integrated and sustainable basis. The implementation of care for prisoners in sick conditions who require hospital treatment will run well if in the system of fulfilling the rights of prisoners they are positioned not only as objects of detention, but also as active participants. In this case, prisoners themselves also determine the implementation of their rights.

EQUALITY BEFORE THE LAW: A CRITICAL REVIEW OF LEGAL IMPLEMENTATION IN INDONESIA Henry Aspan; Agus Adhari; Ansori Maulana
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.46

Criminal Law is part of the national legal system that has been in effect since independence until now. The implementation of criminal law experiences ups and downs along with the development of society and even becomes a sharp focus when it has not provided justice and prosperity and is still considered an instrument of power to protect state administrators and a weapon for ordinary people when fighting criminal law. country. The implementation of criminal law in Indonesia aims to provide protection, peace, order and legal certainty to the community. Although there are objectives that provide protection, especially personal or individual interests in exercising the rights of citizens. Meanwhile, the purpose of this writing is to provide an understanding that Criminal Law is a chain of laws and regulations that apply in Indonesia and its content focuses on the Criminal Code and Criminal Procedure which reaches all levels of society.

ANALYSIS OF HALAL CERTIFICATES POST THE ISSUE OF LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES RESEARCH STUDY OF MEDAN CITY Sardi; Henry Aspan; Tamaulina Br Sembiring
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.v2i3.87

A significant step in regulating halal certification in Indonesia occurred with the enactment of Law no. 33 of 2014 concerning Halal Product Guarantees. This law replaces previous regulations and establishes a more comprehensive legal framework to regulate the halal certification process. With this law, it is hoped that a solid foundation can be created to maintain the certainty and quality of halal products in the domestic research market This discuss about How Arrangement About Hal Certificates in Indonesia?, What Factors That Become Inhibitor In Making Or Publishing Halal Certificate ? How Implementation To Post Halal Certification Constitution Number 33 of 2014 Concerning Guarantee Halal Products ? Through approach qualitative with studies case as method main , research This identify change authority and structure institutions , potential contradictions and domination of the Halal Inspection Institute (LPH), as well as governance and infrastructure challenges in implementation halal certification . The research results show the unclear role of LPH, potential conflicts of authority, and obstacles in governance and infrastructure. To overcome this obstacle, the proposed solution involves clarifying the role of LPH, close collaboration between relevant institutions, establishing clear guidelines and standards, improving infrastructure and human resources, active involvement of related parties, updating and harmonizing policies, and improving monitoring and evaluation systems. This research emphasizes the importance of regulatory updates, involvement of related parties, and harmonization with international standards to increase efficiency and fairness in the halal certification system.

Financial Analysis Of Entrepreneurship Education Etty Sri Wahyuni; Henry Aspan; Putri Mauliza
International Journal of Economics and Management Research Vol. 2 No. 3 (2023): December : International Journal of Economics and Management Research
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ijemr.v2i2.119

This is a literature review on the study of the financial aspects of entrepreneurial activities. This study seeks to serve as a preliminary mapping in the process of developing learning materials and preparing financial competencies that entrepreneurs and aspiring entrepreneurs must master for business management. Collecting and analyzing literature on financial studies in order to construct a curriculum for financial education in the context of entrepreneurship is the method employed. This study's findings indicate that it is necessary to map learning materials and compile a study of a set of financial knowledge that enhances the business development skills of entrepreneurs. At the conclusion of this research, suggestions, and implications for future academic studies and learning are also provided.

DALIHAN NATOLU CUSTOMARY LAW AS AN ALTERNATIVE SOLUTION IN PREVENTION AND ERADICATION OF NARCOTICS CRIMINAL OFFENCES Oskar Refelino Tambunan; T Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.54

Drug crimes are a serious threat in Indonesia, and the positive legal approach has not been effective enough in overcoming it. Dalihan Na Tolu customary law, which applies in the Batak Toba community, offers an alternative community-based solution through three main pillars: Mora, Kahanggi, and Anak Boru. These principles, which emphasize respect, responsibility, and togetherness, can support drug prevention through social control and character education. This study explores the potential of Dalihan Na Tolu customary law as a holistic approach integrated into the national legal system, helping to ease the burden on formal law enforcement and strengthening community participation. By recognizing this customary law, drug prevention efforts are expected to be more effective, inclusive, and sustainable.

Child Neglect Crime Based on Law Number 35 of 2014 Riza, Muhammad; Aspan, Henry; Riza Zarzani, T.
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 1 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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

Every child has dignity that should be upheld, and every child born must receive their rights without the child asking. The act of neglecting a child is a criminal act, because this act does not reflect the humanistic side of humans themselves and violates the law. For children, legal protection is a priority because children tend not to be able to become complete individuals. Child protection is carried out to create conditions so that every child can fulfill their rights and obligations for the child's natural, physical, mental and social growth and development. Child protection is also an embodiment of justice in a society, so child protection is sought in various areas of state and social life.

Settlement of Mild Criminal Offence of Livestock Theft Based on Aceh Qanun Number 9 Year 2008 in Aceh M. Ramadhan S.; Aspan, Henry
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 1 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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

Aceh is a provincial area which is a special legal community unit and is given special authority to regulate and manage its own government affairs and the interests of the local community. Minor crimes that can be resolved by customary institutions as mandated by Article 13 of Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs that can be resolved in a customary manner through customary institutions. Meurah Mulia District, North Aceh Regency also practices the settlement of minor crimes based on Qanun Number 9 of 2008. The problem to be studied in this study is the Implementation, Settlement of Minor Criminal Acts of Theft of Livestock. The approaches used in this thesis are the Historical approach, the Sociological approach, and the Normative approach. The types of research are field research and library research. The data analysis model uses an interactive model, namely data reduction, data reduction presentation and conclusions. The minor crime of livestock theft that occurred in Meurah Mulia District, North Aceh Regency has been implemented properly according to the regulations in Qanun Number 9 of 2008 with different verdicts. The settlement of the minor crime of livestock theft is carried out using peaceful settlement and compensation. The minor crime of livestock theft that occurred in Meurah Mulia District, North Aceh Regency has ended effectively. The effectiveness indicator is assessed from the completion of the entire series of settlements of the minor crime of livestock theft in accordance with Article 16 of Aceh Qanun Number 9 of 2008.

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 Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Bambang Fitrianto Beby Sendy Berton Lumban Tobing Chandra Dewi Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Depari, Jon Heder Dhermawan, M. Ryan Dian Mahardi Lestari Dina Andiza Dira Dinda Alti Doly Amanda NST Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Etty Uyun 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 Hasdiana Juwita Bintang Henky Dalimunte Henny Saida Flora Herman , Herman Hotman Manullang Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Juli Purwanti Kiki Farida Ferine Lestari Lamindo Limbong Lestari, Dian Mahardi Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Mariana Zhuo Marice Simarmata 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 Juang Rambe Muhammad Riza Murnita, Eva Mutia Octavia Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Pirma Ivan Ricky Manurung Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Putri Shabrina, Shoniya Dwi Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Riska Febria Afrila Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Rozaini Rozakiya, Aliftha Rumengan, Angelina E. Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sulyaprilawati Battri Siahaan Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tarigan, Egi Christianta Tarigan, Hendra Julianto Marselinus Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yahya Tanjung Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zarzani, Riza Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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