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Henry Aspan

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

Author-ID : 5496978

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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.

The Role of Marriage Agreements in Separation of Assets in Mixed Marriages Between Indonesian Citizens (WNI) and Foreign Citizens (WNA) Putri Shabrina, Shoniya Dwi; Aspan, Henry; Rafianti, Fitri
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2244

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) have seen a significant increase year by year. This phenomenon can lead to various legal issues, one of which concerns the separation of property in marriage to protect the constitutional rights of Indonesian citizens, particularly regarding land ownership. A prenuptial agreement is a legal tool that couples can use to arrange the separation of property in a legitimate and written manner. The purpose of this research is to analyze the role of prenuptial agreements in the separation of property for mixed couples, especially in the context of protecting property rights and legal certainty. The method used is normative legal research with a legislative approach, utilizing data sources in the form of laws and regulations, particularly Law No. 1 of 1974 concerning marriage. The analysis results indicate that prenuptial agreements are crucial in avoiding the commingling of assets, especially to protect the ownership of Indonesian citizens over immovable assets, which are restricted by the Basic Agrarian Law. In mixed marriages, such situations can disadvantage Indonesian citizens regarding land ownership rights, which would become joint property. According to Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), it is stated that foreign nationals are not allowed to own land in Indonesia. As regulated in Article 29 of the Marriage Law, it provides a solution through property separation that can offer protection for Indonesian citizens to safeguard their land ownership rights and assets. The implementation of prenuptial agreements in mixed marriages still faces many challenges, one of which is the insufficient role of notaries and marriage registration institutions in providing education to couples intending to marry. Therefore, there is a need for stronger legal education to support the effectiveness of prenuptial agreements in legal practice in Indonesia. This research concludes that prenuptial agreements play a very important role in providing legal protection for mixed marriages between Indonesian citizens and foreign nationals in the mechanism of property separation. The property separation agreement not only protects the constitutional rights of Indonesian citizens over land but also helps avoid potential legal conflicts that may arise in the future

Tindak Pidana Melakukan Penelataran dalam Lingkup Rumah Tangga yang dilakukan Oleh Suami (Analisis Putusan Nomor: 47/Pid.Sus/2024/PN.Bnj) Rozakiya, Aliftha; Siregar, MHd Azhali; Aspan, Henry
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2395

Penelitian ini bertujuan untuk menganalisis penerapan hukum terhadap tindak pidana penelantaran dalam lingkup rumah tangga yang dilakukan oleh suami berdasarkan Putusan Nomor 47/Pid.Sus/2024/PN.Bnj serta mengkaji faktor-faktor yang menjadi pertimbangan hakim dalam menjatuhkan putusan. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan peraturan perundang-undangan (statute approach) melalui analisis terhadap peraturan hukum dan putusan pengadilan yang relevan. Sumber bahan hukum terdiri atas bahan hukum primer, sekunder, dan tersier yang dianalisis secara kualitatif dengan metode deskriptif-analitis. Hasil penelitian menunjukkan bahwa penerapan hukum dalam putusan tersebut telah sesuai dengan ketentuan Pasal 49 huruf a juncto Pasal 9 ayat (1) Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga. Majelis hakim membuktikan unsur tindak pidana melalui fakta persidangan yang menunjukkan terdakwa tidak memberikan nafkah kepada istri dan anak-anaknya sejak tahun 2018 hingga 2023. Pertimbangan hakim dalam menjatuhkan putusan mencakup durasi penelantaran, status terdakwa sebagai Pegawai Negeri Sipil, dampak terhadap korban, serta keadaan yang memberatkan dan meringankan. Putusan pidana penjara selama tiga bulan mencerminkan upaya hakim dalam menyeimbangkan aspek keadilan, kepastian hukum, dan kemanfaatan hukum dalam penanganan tindak pidana penelantaran rumah tangga.

Legal Protection for Witnesses in The Criminal Act of Theft Based on The Criminal Code (KUHP) Tarigan, Hendra Julianto Marselinus; Aspan, Henry; Zarzani, Riza
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10622

The crime of theft as regulated in Chapter XXII, Article 362 of the Criminal Code is theft in its basic form. The elements are, namely the "objective" element, there is an act of taking, the object taken is something, the item is wholly or partially owned by another person. The crime of theft with violence is regulated in Article 365 of the Criminal Code, and also includes all the elements outlined in Article 363 paragraph 1 of the Criminal Code. This prolonged tendency has ultimately become a taboo in society. The victim is considered the party that receives help, with the assumption of punishing the perpetrator of the crime alone; unless the victim is also a witness, to help in providing evidence in the crime, the rest returns to the goal and view of punishing the perpetrator alone. In Indonesia itself, there are regulations regarding the protection of victims and witnesses, such as in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. With these regulations, witnesses and victims should receive proper guarantees and not need to feel threatened or harmed. Because victims are the ones who suffer, they should receive assistance or facilitation in reporting or filing complaints with the authorities. Therefore, this research was conducted using normative legal research (normative legal research method). The normative legal research method is a legal literature study conducted by examining literature or secondary data. This research was conducted to obtain materials in the form of theories, concepts, legal principles, and related legal regulations. The data obtained in this study will be analyzed qualitatively in accordance with the specific nature of the research, to examine the relationship between theory and practice in witness protection in theft crimes. Qualitative data analysis. Legal protection for witnesses and witnesses in theft crimes involves guaranteeing a sense of security from potential threats arising from the presence of a suspect or his accomplice. Legal protection for victims of theft crimes, although it has been implemented well, it would be better if there were efforts made by law enforcement officers in overcoming or suppressing the occurrence of violent theft crimes by conducting education on the dangers of theft crimes, patrolling, and also forming community groups that are responsive to a crime. By paying attention to law enforcement officers in making policies towards victims and witnesses, they pay more attention to the aspect of interest in this case, victims and witnesses as people who suffer physically and mentally really need all efforts or policies that support the achievement of justice that should be obtained by the victims.

Juridical Analysis of The Application of Penalties For Perpetrators of Narcotics Crimes Depari, Jon Heder; Aspan, Henry; Zarzani, Riza
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i1.11371

The purpose of this writing is to find out the Implementation of Criminal Law for Narcotics Crime Offenders and the legal status of the use of Narcotics in Law Number 35 of 2009 concerning Narcotics. By using the normative legal research method. Criminal Law for Narcotics Crime Offenders According to Law Number 35 of 2009 In the Article there is a minimum criminal threat of 4 (four) years. Legal Status Against the Use of Narcotics in Law Number 35 of 2009 concerning Narcotics, namely the criminal provisions contained in Law Number 35 of 2009 concerning Narcotics are formulated in Chapter XV Criminal Provisions Articles 111 to Article 148.

RESOLUTION OF LAND OWNERSHIP DISPUTES BETWEEN OWNERS OF OWNERSHIP CERTIFICATES AND OWNERS OF COMPENSATION DECLARATIONS (Study Decision Number: 78/Pdt.G/2023/PN Mdn) Doly Amanda NST; Henry Aspan; Dina Andiza
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

Land ownership disputes remain a frequent issue in Indonesia, particularly between owners of Land Ownership Certificates and those who control the land based on compensation letters. These differences in the basis of ownership and evidence of land ownership often give rise to legal conflicts that end up in court. This study aims to review a general overview of agrarian law in Indonesia, analyze the factors causing land ownership disputes between owners of Land Ownership Certificates and owners of compensation letters, and analyze the resolution of these disputes based on Medan District Court Decision Number 78/Pdt.G/2023/PN Mdn. The research method used is normative legal research with a statutory and case-based approach. Data sources used are primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that land ownership disputes are influenced by disorderly land administration, low public legal awareness, overlapping land ownership, and differences in understanding between customary law and positive law. Medan District Court Decision Number 78/Pdt.G/2023/PN Mdn affirms that a Land Ownership Certificate is a strong and primary piece of evidence as long as it is issued in accordance with legal procedures and there is no evidence of administrative flaws. Therefore, land registration is a crucial instrument for ensuring legal certainty and protection of land rights.

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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