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Henry Aspan

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

Author-ID : 5496978

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

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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)
Publisher : CV. 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.

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)
Publisher : CV. 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)
Publisher : CV. 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

Consumer Protection in E-Commerce Business Agreements: A Study of Indonesian Positive Law Hotman Manullang; Dahlan Dahlan; Henry Aspan
Journal of Research in Social Science and Humanities Vol 5, No 2 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i3.466

Advances in information and communication technology have driven the development of e-commerce as a modern form of electronic-based business transactions. While online commerce offers convenience and efficiency, it also poses various risks for consumers, such as fraud, product nonconformity, and misuse of personal data. This situation places consumers in a weak position in their legal relationship with businesses, necessitating strong and effective legal protection. This study aims to analyze consumer protection regulations in e-commerce transactions based on Indonesian positive law and to examine the implementation of the principles of good faith and balance of interests as stipulated in Law Number 8 of 1999 concerning Consumer Protection. The research method used is normative legal research with statutory, conceptual, and literature study approaches. The results show that Indonesian positive law, through the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), Government Regulation Number 80 of 2019, and the Civil Code, has provided a normative foundation for consumer protection in electronic transactions. However, its implementation still faces obstacles such as weak supervision, difficulties in verifying the identity of business actors, and the suboptimal functioning of consumer dispute resolution institutions. The principles of good faith and balance of interests have also not been fully implemented due to the dominance of business actors in standard agreements, which tend to be detrimental to consumers.

Legal Protection For Consumers Of Parking Services Indonesia In Kabanjahe Listra Sembiring; Henry Aspan; Hasdiana Juwita Bintang
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.967

Conducting this research aims to find out what the legal relationship is between parking service users and parking service managers and what are the civil responsibilities of parking managers toward consumers of parking services. Using the normative legal research method, it was concluded: in the use of parking, both the manager and the consumer, have a legal relationship, namely the goods safekeeping agreement in this case so that the obligation in the parking agreement is that the consumer surrenders his vehicle to the parking manager to be placed in the parking area he manages, and pays parking fee (service) to the parking manager. The obligation of the parking manager is to maintain and maintain the consumer's vehicle safely while it is parked in the parking service area and must return it to the way it was originally received. Thus the legal responsibility of the parking manager for the loss of goods or vehicles belonging to consumers related to the existence of a standard clause on the transfer of responsibility in parking tickets is that the parking manager is obliged to be responsible for giving compensation to consumers whose vehicles are lost in the parking area managed by the parking manager because the manager parking is proven to have defaulted on the parking agreement which is a goods custody agreement.

The Problematic Management Of Waqf In Subulussalam (The Overlap Between Law Number 41 Of 2004 And Qanun Aceh Number 10 Of 2018) Endang Suhendra; Henry Aspan; Bambang Fitrianto
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.977

The Indonesian Waqf Board, abbreviated as BWI, is an independent institution established by the government to implement and develop waqf in Indonesia based on Article 47, paragraph 1 of Law Number 41 of 2004. Aceh is part of Indonesia within the scope of this legislation. However, because Aceh is a unique and autonomous region, Aceh has the authority to form its regulations governing Islamic law, including religious assets as regulated in Law Number 11 of 2006 concerning the Government of Aceh. Religious assets referred to in the law include zakat, infaq ṣadaqah, and waqf for the institution that regulates the management rights is an institution of specialty and specificity in the Government of Aceh and District / Municipal Government which, in carrying out its duties is independently authorized to maintain, maintain, manage and develop zakat, infaq, waqf assets and other religious assets, namely Baitul Mal by Aceh Qanun No. 10 of 2018 concerning Baitul Mal. The existence of two different institutions that manage waqf has resulted in the problematic management of waqf in Aceh and the overlapping rules and authorities of each institution. This research is a normative-empirical research with the category of live-case study based on empirical observations of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018 to analyze the Law used in the management of Waqf in Subulussalam Aceh. The normative legal research method is focused on analyzing legal documents and applying a library research approach. At the same time, the empirical legal research method requires direct observation, so research activities involve direct observation of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018.

Conditional Release for Convictors of Narcotics Crimes From The Perspective of Indonesian Criminal Law Henny Saida Flora; Henry Aspan
Human Rights et Justicia Vol. 1 No. 1 (2025): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v1i1.518

Parole is one of the rights of prisoners granted for the purpose of social development and reintegration, as stipulated in the Indonesian correctional system. However, granting parole to prisoners convicted of drug offenses remains controversial, given that drug offenses are categorized as extraordinary crimes with far-reaching impacts on society and the nation's future generations. This study aims to analyze the legal provisions for parole for prisoners convicted of drug offenses and their implementation from the perspective of Indonesian criminal law. The research method used is normative legal research with both legislative and conceptual approaches. The results indicate that parole for prisoners convicted of drug offenses is regulated in the Corrections Law and its implementing regulations, with stricter requirements than for prisoners convicted of general crimes, particularly regarding sentence length, behavioral assessment, and the obligation to participate in rehabilitation and correctional programs. However, in practice, obstacles remain, including differences in interpretation, weak oversight, and public concerns about the potential for recidivism. Therefore, regulatory strengthening, procedural transparency, and optimized oversight are needed to ensure that the implementation of parole for prisoners convicted of drug offenses balances the objectives of punishment, legal certainty, and a sense of public justice. [Pembebasan bersyarat merupakan salah satu hak narapidana yang diberikan dalam rangka pembinaan dan reintegrasi sosial sebagaimana diatur dalam sistem pemasyarakatan di Indonesia. Namun, pemberian pembebasan bersyarat kepada narapidana tindak pidana narkotika masih menimbulkan kontroversi, mengingat tindak pidana narkotika dikategorikan sebagai kejahatan luar biasa yang memiliki dampak luas terhadap masyarakat serta masa depan generasi bangsa. Penelitian ini bertujuan untuk menganalisis pengaturan hukum mengenai pembebasan bersyarat bagi narapidana tindak pidana narkotika serta pelaksanaannya dalam perspektif hukum pidana Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa pembebasan bersyarat bagi narapidana tindak pidana narkotika telah diatur dalam Undang-Undang Pemasyarakatan beserta peraturan pelaksanaannya, dengan persyaratan yang lebih ketat dibandingkan dengan narapidana tindak pidana umum, khususnya terkait dengan lamanya masa pidana yang telah dijalani, penilaian perilaku, serta kewajiban mengikuti program rehabilitasi dan pembinaan. Namun demikian, dalam praktiknya masih terdapat berbagai kendala, antara lain perbedaan penafsiran, lemahnya pengawasan, serta kekhawatiran masyarakat terhadap potensi residivisme. Oleh karena itu, diperlukan penguatan regulasi, transparansi prosedural, dan optimalisasi pengawasan guna memastikan bahwa pelaksanaan pembebasan bersyarat bagi narapidana tindak pidana narkotika dapat menyeimbangkan tujuan pemidanaan, kepastian hukum, dan rasa keadilan masyarakat.]

CIVIL LIABILITY OF HOSPITALS FOR MEDICAL RISKS LEGAL REVIEW AND IMPLICATIONS FOR MEDICAL PRACTICE INDONESIA Pirma Ivan Ricky Manurung; Henry Aspan; Muhammad Arif Sahlepi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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

This study adopts a normative legal perspective to explore the configuration and extent of civil liability attributed to hospitals in Indonesia, with particular attention to patient losses arising from alleged medical negligence or malpractice. Employing a doctrinal approach grounded in the examination of statutory provisions and legal doctrines, the research identifies a notable evolution in the allocation of responsibility. Legal accountability, which was previously directed toward individual healthcare professionals, has progressively shifted to hospitals as institutional entities. Notably, the Hospital Law, as stipulated in Article 46 of Law Number 44 of 2009, assigns hospitals a central role as the entities responsible for legal consequences arising from healthcare services. This legislative orientation reflects the principle of vicarious liability as articulated in Article 1367 paragraph (3) of the Indonesian Civil Code, under which an institution may be held legally responsible for acts committed by individuals operating within its sphere of authority . Within this legal construct, hospitals are regarded as autonomous legal persons responsible for the conduct of all healthcare personnel operating within their organizational framework, including physicians, and are consequently obliged to provide compensation when patients incur harm. The analysis also highlights the necessity of drawing a clear distinction between acts of professional negligence that give rise to civil liability and medical risks that are inherently associated with clinical interventions and have been duly acknowledged through valid informed consent. Taken as a whole, the findings indicate that Indonesian law has developed a structured and stringent model of hospital accountability, serving not merely as a means of providing remedies to patients, but also operating as a regulatory instrument means to improve healthcare quality and strengthen clinical risk management, thereby ensuring substantive legal protection for patients..

FINANCIAL BEHAVIORAL BIASES (PRESENT BIAS AND OVERCONFIDENCE) ON CONSUMER DEBT DECISION MAKING AMONG MANUFACTURING WORKERS IN BATAM Etty Sri Wahyuni; Henry Aspan; Faris Ramadhan
International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Vol. 6 No. 2 (2026): April
Publisher : CV. Radja Publika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19969283

This study investigates the influence of present bias and overconfidence on consumer debt decision-making among manufacturing workers in Batam, Indonesia, incorporating financial literacy as a moderating variable. Batam, a strategic free trade zone and major industrial hub, faces a growing phenomenon of consumer over-indebtedness fueled by the rapid expansion of digital lending platforms and online loans among its workforce. A quantitative cross-sectional survey design was employed, with a sample of 215 manufacturing workers drawn from Batam’s major industrial estates through purposive sampling. Data were collected via validated Likert-scale questionnaires and analyzed using Structural Equation Modeling–Partial Least Squares (SEM-PLS) with SmartPLS 4.0. The findings reveal that: (1) present bias exerts the strongest positive and significant effect on consumer debt decisions (β = 0.387; p < 0.001); (2) overconfidence positively and significantly affects consumer debt decisions (β = 0.294; p < 0.001); (3) financial literacy significantly weakens the relationship between present bias and consumer debt decisions (β = –0.168; p < 0.01); however, (4) financial literacy does not significantly moderate the relationship between overconfidence and consumer debt decisions (β = –0.074; p > 0.05). These findings reveal an asymmetric moderation effect, indicating that conventional financial education is effective in mitigating present bias but insufficient in reducing overconfidence, which requires fundamentally different intervention approaches targeting metacognition rather than knowledge acquisition. The study contributes to behavioral finance literature by extending the application of hyperbolic discounting and overconfidence theories to consumer debt contexts in developing-country industrial zones and offers practical implications for financial regulators and corporate financial wellness programs.

Countering Online Drug Trafficking Networks through the Application of Cybersecurity Technology: A Case Study of the Labuhanbatu Resort Police Andi Fahri Hasibuan; Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i2.109

This research analyzes the characteristics of pretrial rulings that annul the suspect designation by the Corruption Eradication Commission (KPK) and its implications for the performance and independence of the institution. Regulatory changes through Law No. 10 of 2015 and Law no. 19 of 2019 pose challenges related to the principles of justice, legal certainty, and the integrity of legal processes. Pretrial decisions that invalidate the suspect designation emphasize the importance of adherence to legal procedures and the protection of human rights in the enforcement of anti-corruption laws. Judicial oversight through pretrial is necessary to maintain a balance between KPK's independence and the protection of individual rights. The findings underscore the need for clearer and more accountable regulations to ensure effective and fair anti-corruption efforts

Co-Authors ABDUL RAHMAN MAULANA SIREGAR Abdul Rahman Maulana Siregar Abdul Razak Nasution Abul Fauzi Tarigan Ade Syafitri Agus Adhari Ahmad Junaidi Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Angelina E. Rumengan Anggy Auliawan Ansori Maulana Ari Prabowo Ari Suganda Aryani Atika Windynata Sipayung Ayu Kurnia Sari Azhali Siregar Bambang Fitrianto Bambang Fitrianto Beby Sendy Benny Nova Berton Lumban Tobing Chandra Dewi Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua 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 Etty Uyun Fadlan Fadlan Fadlan Fadlan Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Freddi Agus Hutapea Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hardi Hermawan Hasdiana Juwita Bintang Hasdiana Juwita Bintang Hendra Julianto Marselinus Tarigan Henky Dalimunte Henny Saida Flora Henny Saida Flora Herman , Herman Hilbertus Sumplisius M. Wau Hotman Manullang Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Irmanto Brampu Ismed Ismed Jemmy Rumengan Jon Heder Depari 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 Mhd. Azhali Siregar Mhd. Azhali Siregar Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Buzjany Dzikry 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 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 Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Rozaini Rumengan, Angelina E. Sardi Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sri Wahyuni Sulyaprilawati Battri Siahaan Sumarno Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tarigan, Egi Christianta Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wahyu Numan Prasetya Wau, Hilbertus Sumplisius M. Yahya Tanjung Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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