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Articles

Juridical Review of The Regulation of Criminal Acts Against Child Abuse Accompanied by Acts of Violence Atika Windynata Sipayung; Henry Aspan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i3.338

Abstract

Child protection is a very important issue because children are the next generation of the nation and the implementers of future development. In Indonesia, child protection aims to ensure children's rights to live, grow, and develop optimally in accordance with human dignity. However, despite increased protection efforts, cases of crimes against children, such as molestation accompanied by violence, have also increased. These crimes have a significant impact on victims, violate human rights, and damage children's dignity and mental health. The Indonesian government has passed Law No. 35 of 2014 concerning Child Protection to provide legal clarity and legal certainty in handling cases of child molestation. This law includes the process of investigation, prosecution, and examination in court. The main issue discussed was how criminal liability for the perpetrators of molestation of minors was accompanied by violence, as well as the basis for the judge's consideration in the case, especially in the study of decision number 83/Pid.sus/2021/PN Sgl.
Juridical Review of Criminal Arrangements in the Case of Violent Theft Amanda Dwi Priaguna; Henry Aspan; Fitria Ramadhani Siregar
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i3.339

Abstract

Law enforcement in Indonesia has various kinds of legal issues with various scenarios and motives for criminal acts committed. One of them is the Crime of Theft with Violence. . In this case, the Crime of Theft with Violence is qualified as a theft that is included in the case of theft with aggravation regulated in Article 363 of the Criminal Code and Article 365 of the Criminal Code. The crime of theft with violence in positive law. Law enforcement against the crime of theft with violence and handing over cases of theft with vehicle violence that occur to law enforcement to be processed in accordance with the applicable legal provisions, where the punishment or criminal sanctions imposed on the perpetrator are expected to provide a deterrent effect to the perpetrator in accordance with the purpose of the crime. The obstacles in law enforcement in the crime of theft through violence are the victim who died, the perpetrator is a minor, the suspect easily escapes, and the perpetrator leaves evidence.
THE ROLE OF THE STATE IN EFFORTS TO PROTECT CHILDREN'S RIGHTS FROM THE PERSPECTIVE OF LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION Muhammad Iqbal Anwar; T. Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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

Abstract

This study aims to analyze the role of the state in protecting children's rights based on Law Number 35 of 2014 concerning Child Protection (UU PA). The research method used is library research with a qualitative approach and content analysis techniques. Data were obtained from literature studies on laws and regulations, policy documents, and previous research results related to child protection. The results of the study show that the state has a central role in ensuring the fulfillment of children's rights through three main aspects: regulation, policy implementation, and law enforcement. The Child Protection Law mandates the state to ensure the rights of survival, growth and development, protection from violence and discrimination, and children's participation. However, implementation in the field still faces serious challenges, such as the high number of cases of violence against children (molestation, abuse, bullying), limited access to education and health, and weak coordination between institutions. KPAI data (2023) shows an increase in cases of violence against children by 15% in the last three years, which indicates that the role of the state is not yet optimal. This study also identified that the Child Protection Act has not been fully effective due to the unclear monitoring mechanism, low budget allocation, and a permissive community culture towards violence. On the other hand, partial success is seen in the implementation of restorative justice and diversion in the juvenile criminal justice system, which reduces stigmatization of juvenile perpetrators of crimes. The conclusion of the study emphasizes the importance of strengthening regulations to strengthen sanctions for perpetrators of child crimes, increasing cross-sector synergy (government, community, non-governmental organizations), and massive education on children's rights. Strategic recommendations include the establishment of an integrated reporting system, increasing the capacity of law enforcement officers, and optimizing the role of local governments in the Child-Friendly Regency/City program.
AKIBAT HUKUM YANG DI TIMBULKAN DARI SUATU PERKAWINAN BEDA AGAMA DI INDONESIA (Analisis Penetapan No. 91/Pdt.P/2022/PN Bks) Murnita, Eva; Siregar, Abdul Rahman Maulana; Aspan, Henry
JURNAL KELUARGA SEHAT SEJAHTERA Vol 23 No 1 (2025): JURNAL KELUARGA SEHAT SEJAHTERA
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/jkss.v23i1.64702

Abstract

The reality in the life of society, interfaith marriages occur as an undeniable reality. In practice, many couples want to live together but do not get married because they are based on different religions or beliefs. There are also couples who have lived together or "kumpul kebo" because of a reason in their relationship, namely different religions. The type of research is normative legal research. In accordance with Article 34 and Article 36 of Law Number 24 of 2013 concerning Population Administration, the marriage of Applicant I and Applicant II was carried out in a Christian manner, so the court ruling must be reported by the applicants to the Population and Civil Registration Service of Bekasi City no later than 60 days since the court ruling has permanent legal force and then the Civil Registration Officer records the Marriage Certificate Register and issues an extract of the marriage certificate and is given to the Applicants.
RELATIONSHIP OF INVESTIGATION AUTHORITY IN DRUG CRIMES AFTER THE RULING OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE Berton Lumban Tobing; Henry Aspan; Mhd. Azhali Siregar
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.v1i2.42

Abstract

Handling drug crimes in Indonesia faces significant challenges related to the differences in authority between the National Narcotics Agency (BNN) and the Indonesian National Police (Polri). Differences in arrest times and dualism in investigative authority have legal consequences that affect the human rights of suspects and the effectiveness of law enforcement. The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) brings major changes in the regulation of special crimes, including narcotics, which raises issues related to the principle of lex specialis. This study aims to identify and analyze changes in investigative authority, the legal implications that arise, and how to improve coordination between law enforcement agencies. Normative legal research methods are used to analyze relevant laws and court decisions. The results of the study indicate that the elimination of Article 111 of Law Number 35 of 2009 and its replacement with new provisions in Law Number 1 of 2023 requires adaptation from law enforcers. In addition, the implementation of rehabilitation as an alternative to punishment marks a shift towards a more restorative justice system.
DECENTRALIZATION OF POLICY AND HANDLING OF DRUG ABUSE IN LABUHANBATU DISTRICT Henky Dalimunte; Henry Aspan; Mhd. Azhali Siregar
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.v1i2.43

Abstract

Drug abuse is a serious problem in Indonesia, including in Labuhanbatu Regency, which has experienced a significant increase in drug abuse cases. Policy decentralization gives local governments the authority to address this issue according to local conditions, but often faces challenges such as limited resources, poor coordination, and limited institutional capacity. This study uses a qualitative approach with legislative and case study methods, is descriptive-analytical, and focuses on the analysis of legislation and policy implementation at the local level. Data were obtained from policy documents, official reports, and through documentation and observation techniques of legal products. The analysis was carried out using thematic analysis methods, categorizing the main themes from the results of documentation and observation to answer the formulation of the problem and achieve the objectives of the study. The results of the study indicate that the implementation of policy decentralization in Labuhanbatu Regency requires strengthening through the formation of comprehensive Regional Regulations (Perda), which include the preparation of an annual Regional Action Plan (RAD), the formation of an integrated cross-sector team, strengthening rehabilitation services, utilizing technology, and community participation in drug prevention and handling efforts. With a measured, structured, and participatory approach, it is hoped that the decentralization policy can be implemented effectively to optimize the handling of drug abuse in Labuhanbatu Regency.
BALANCE BETWEEN LAW ENFORCEMENT AND SOCIAL PROTECTION IN DRUG ABUSE CRIMES (STUDY AT LABUHANBATU RESORT POLICE) Delima Nasution; Henry Aspan; T Riza Zarzani
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.v1i2.45

Abstract

Narcotics crime is a serious issue with widespread impacts on society. In Indonesia, despite the existence of Law No. 35 of 2009 on Narcotics, law enforcement against drug abusers and addicts still faces various challenges, including the imbalance between imprisonment and rehabilitation. The majority of narcotics cases result in imprisonment, even though the law mandates rehabilitation, indicating a disparity in legal application. This study employs a normative legal approach to analyze the law enforcement mechanisms in Labuhanbatu Regency, focusing on the balance between law enforcement and legal protection for drug abusers. The study's findings indicate that despite comprehensive law enforcement efforts, including legal actions, medical and social rehabilitation, and strict supervision of the investigative process, imprisonment remains dominant in practice. This balance is achieved through the integration of deterrence theory, Community Policing, and human rights, emphasizing the importance of rehabilitation and social reintegration for drug abusers. In conclusion, to achieve fair and proportional legal protection, there is a need for reform in legal application, with a greater focus on rehabilitation over imprisonment, as well as the enhancement of the integrity and professionalism of law enforcement officers.
LEGAL IMPLICATIONS OF DRUG USE IN TRADITIONAL MEDICINE BASED ON A HEALTH LAW PERSPECTIVE Mariduk Lumban Tobing; Muhammad Azhali Siregar; 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.v1i2.46

Abstract

The use of kratom and cannabis in traditional medicine has long been practiced, but it has now become the subject of debate due to the risk of misuse. Several countries, such as Thailand, have legalized cannabis for medical purposes, considering economic stability and public health. However, this legalization faces challenges, particularly concerning the increase in narcotics abuse. Therefore, it is essential to conduct a comprehensive evaluation of legalization policies, balancing the medical benefits and the risks of misuse, with strict regulation and effective oversight. In Indonesia, the legalization of cannabis remains a sensitive issue, strictly governed by Law No. 35 of 2009. Based on data on narcotics seizures, including cannabis and Methamphetamine, rational criminal policies are crucial to controlling drug circulation and ensuring that legalization, if implemented, supports both public health and economic welfare.
LEGAL POLITICS OF REVOKING THE EXTRAORDINARY CRIME STATUS OF CORRUPTION CRIMINAL ACT THROUGH THE NEW KUHP AND ITS IMPLICATIONS FOR THE INDONESIAN CRIMINAL JUSTICE SYSTEM Amlan, Amlan; 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.v1i2.47

Abstract

After independence, the Indonesian Criminal Code (KUHP) was implemented nationwide through Law No. 73 of 1958, ending legal dualism in Indonesia. In 1971, anti-corruption efforts were formalized through Law No. 3 of 1971, later updated by Law No. 31 of 1999 and Law no. 20 of 2001. These changes introduced the principle of reverse burden of evidence and severe sanctions for corruption offenders. Subsequent Constitutional Court decisions reinforced the legality of corruption cases by restricting criminal acts to explicitly defined legal actions. However, the removal of the extraordinary crime status for corruption under Law No. 1 of 2023 raises concerns over the reduced deterrent effect and the weakening of the KPK's authority. Comprehensive reform is needed to ensure anti-corruption enforcement remains grounded in Pancasila and the Constitution.
IMMIGRATION SUPERVISION OF FOREIGNERS APPLYING FOR RESIDENCE PERMITS IN INDONESIA Duma Milanta; Mhd Azhali Siregar; 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.v1i2.63

Abstract

To regulate the various types of foreign nationals leaving and entering Indonesian territory, government policy in the immigration sector adheres to the principle of selective policy, namely a policy based on selective principles. Based on this principle, only foreigners can provide benefits to the welfare of the people, nation and State of the Republic of Indonesia, who do not endanger security and order and are not hostile to either the people or the Unitary State of the Republic of Indonesia . In this research, researchers use normative legal studies, namely research that focuses on examining the application of rules or norms. The literature study was carried out with the aim of obtaining secondary data, namely through a series of reading, quoting and reviewing legislation related to the problem. The targets of supervision of foreigners in Indonesia are supervision of their whereabouts (immigration) and supervision of the activities of foreigners while they are in Indonesia. The aspect of monitoring the activities of foreigners requires coordinated activities between agencies in terms of implementing supervision. The Minister of Law and Human Rights as the coordinator at the Central (National) Level together with other relevant government bodies or agencies as the implementer of coordinated supervision of foreigners is called the Coordination of Supervision of Foreigners. A residence permit granted by a State to a foreigner is a form of State sovereignty as a legal State which has complete authority to determine and regulate restrictions for foreigners to stay in a State. This permission is not something that a foreigner can do, but is a privilege given by the State to foreigners
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