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All Journal LAW REFORM Syntax Literate: Jurnal Ilmiah Indonesia Menara Ilmu MIZAN, Jurnal Ilmu Hukum Ensiklopedia Education Review Jurnal Menara Ekonomi : Penelitian dan Kajian Ilmiah Bidang Ekonomi Community Engagement and Emergence Journal (CEEJ) Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial Jurnal Christian Humaniora Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences NOMOI Law Review JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana ARSY : Jurnal Aplikasi Riset kepada Masyarakat Britain International of Humanities and Social Sciences (BIoHS) Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Ekonomi Jurnal Info Sains : Informatika dan Sains Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Research in Social Science and Humanities International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Bengkoelen Justice : Jurnal Ilmu Hukum International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Jurnal Hukum Sehasen Locus Journal of Academic Literature Review Journal Evidence Of Law Jurnal Nasional Teknologi Komputer Journal of Management Analytical and Solution Literacy : International Scientific Journals of Social, Education, Humanities Zona Manajerial: Program Studi Manajemen (S1) Universitas Batam International Journal of Economics and Management Research JUDGE: Jurnal Hukum International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Innovative: Journal Of Social Science Research Nusantara: Journal Of Law Studies Indonesian Journal of Multidisciplinary Sciences International Journal of Economic, Technology and Social Sciences (Injects) LAWYER: Jurnal Hukum Management Studies and Business Journal Jurnal Batavia Public Service And Governance Journal Social Sciences Journal Journal Of Management Analytical and Solution (JoMAS) International Journal of Law and Society International Journal of Sociology and Law JURNAL KELUARGA SEHAT SEJAHTERA Proceedings of The International Conference on Multidisciplinary Science Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice Jurnal Pengabdian Masyarakat Multi Disiplin Ilmu International Journal of Society and Law Ecoducation International Journal of Economics and Management Research Ipso Jure Journal of Strafvordering Indonesian Human Rights et Justicia
Henry Aspan
Faculty Of Social And Science, Universitas Pembangunan Panca Budi, Indonesia
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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
KEKUATAN HUKUM DAN BATASAN PERJANJIAN BERSAMA TERDAFTAR DALAM KONTEKS UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Rifa Zulkarnain; 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 | DOI: 10.70321/ijslcj.v2i1.72

Abstract

Industrial relations disputes are a common phenomenon in employment relations between employers and workers. The resolution of these disputes is very important to maintain the stability of conducive and fair industrial relations for both parties. In the legal system in Indonesia, the resolution of industrial relations disputes is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. One form of settlement accommodated by this law is through a Joint Agreement (PB). This study aims to determine the legal basis of the Joint Agreement in resolving industrial relations disputes, and how the execution of the registered Joint Agreement is determined and the legal efforts that can be taken against the execution of the registered Joint Agreement. The research method used in this study is the normative legal research method, by looking at, studying, and understanding legal materials, based on positive legal studies. From this study it can be concluded that the legal basis of the Joint Agreement is regulated in Articles 3 and 7 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, where the Joint Agreement is the result of the settlement of industrial relations disputes in a bipartite manner. The determination of the execution of the registered Joint Agreement is carried out through an application for execution at the Industrial Relations Court at the District Court in the area where the Joint Agreement is registered to obtain an execution determination. The legal remedies for the determination of the execution of the registered joint agreement are through the legal remedies of Cassation and Derden Verzet. This is because based on the provisions of Article 57 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes which explains that the procedural law applicable to the Industrial Relations Court is the Civil Procedural Law applicable to the Courts within the General Court environment.
EFFECTIVENESS OF CAUCUSES IN PEACE AGREEMENTS BY MEDIATION IN RELIGIOUS COURTS A STUDY IN THE TEBING TINGGI RELIGIOUS COURT Ahmad Junaidi; Azhali Siregar; 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 | DOI: 10.70321/ijslcj.v2i1.81

Abstract

Mediation is a dispute resolution mechanism that is required before a case is examined in court, as regulated in Supreme Court Regulation (PERMA) Number 1 of 2016. One method in mediation that aims to increase the effectiveness of dispute resolution is caucus, which is a separate meeting between the mediator and one party without the presence of the other party. This study analyzes the effectiveness of the caucus method in achieving peace in divorce cases at the Tebing Tinggi Religious Court. The approach used is sociological juridical with a qualitative descriptive method through document studies and observations of the divorce mediation process. The results of the study indicate that the caucus method has a strategic role in helping the parties reveal hidden interests, calm emotions, and build trust in the mediation process. However, the effectiveness of this method is still influenced by various factors, such as minimal understanding of the parties regarding the function of the caucus, the limited time for mediation which is only 30 days, and the mediator's skills in utilizing this session optimally. Other obstacles faced include distrust between the parties, resistance to mediation, and lack of legal understanding regarding the caucus in PERMA No. 1 of 2016. To overcome these obstacles, it is necessary to increase public understanding of the benefits of mediation, as well as strengthening more detailed regulations regarding the procedures for implementing caucuses in PERMA. In addition, mediators must improve their skills in building trust and digging for information effectively in caucus sessions. By optimizing the caucus method, it is hoped that mediation can become a more efficient alternative for resolving disputes, reducing the burden of cases in court, and providing a more humane solution in divorce cases.
Co-Authors Abdul Rahman Maulana Siregar Abdul Rahman Maulana Siregar Abdul Razak Nasution Abul Fauzi Tarigan Ade Syafitri Afif Badawi Agus Adhari Agus Adhitama Ahmad Junaidi Alfred Trisakti Aliftha Rozakiya Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Amun Kamil Siregar Andi Fahri Hasibuan Andoko , Andoko Anggy Auliawan Ansori Maulana Ari Prabowo Ari Suganda Arifin Bernad Tampubolon Aryani Atika Windynata Sipayung Ayu Kurnia Sari Azhali Siregar Bambang Fitrianto Bambang Fitrianto Beby Sendy Benny Nova Berton Lumban Tobing Bonny Azwan Boy Alexander Hutasoit Caroline Mellisa Chandra Dewi Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Dedi Hermawan Sinaga Dedi Saputra Waruwu Delima Nasution Deni Karnius Zebua Dhermawan, M. Ryan Dian Mahardi Lestari Dina Andiza Dira Dinda Alti Djamaludin R Pasaribu Doly Amanda NST Duma Milanta Durra Sadrina Hasan Dwi Faradina Eddy Sumardi Eko Sahputra Elly Rumengan Endang Suhendra Etty Sri Wahyuni Etty Uyun Etty Uyun Etty Uyun Fadlan Fadlan Firman Marganda Tampubolon Fitri Rafianti Fitri Rafianti Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Freddi Agus Hutapea Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hani Mefleh O. Hamdon Hardi Hermawan Hasdiana Juwita Bintang Hasdiana Juwita Bintang Hendra Julianto Marselinus Tarigan Hendro Gunawan Henky Dalimunte Henny Saida Flora Henny Saida Flora Herman , Herman Heru Kurniawan Hilbertus Sumplisius M. Wau Hotman Manullang Indawati Lestari indrawan, muhammad isa indrawan Irawan Soerodjo Irawati Irawati Irmanto Brampu Irmanto Brampu Irsyam Risdawati Ismed Ismed Jemmy Rumengan Jon Heder Depari Jonly Harmon Hadi Purba Juan Carlos Hutabarat 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 Mardiani Putri Harahap Mariana Zhuo Marice Simarmata Mariduk Lumban Tobing Mhd Azhali Siregar MHD AZHALI Siregar Mhd Azhali Siregar MHd Azhali Siregar Mhd. Azhali Siregar Mhd. Azhali Siregar Mhd. Azhali Siregar Mohamad Ismed Muhammad Alief Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Buzjany Dzikry Muhammad Chairul Muhammad Edwin Syahputra Lubis Muhammad Fauzy Daulay Muhammad Husni Dalimunthe Muhammad Iqbal Anwar Muhammad Juang Rambe Muhammad Rinaldi Tarigan Muhammad Riza Murnita, Eva Mutia Octavia Nana Kartika Ngaliman, Ngaliman Ninda Krisnawati Septarini Hulu Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Pirma Ivan Ricky Manurung Pratiwi Mandasari Priyatna, Escha Gusnadhi Putra Hutomo Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Rafianti, Fitri Rahmad Mirad Ralph Alfred Jericho David Kelana Zendrato Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Ridha Novita Sari Rifa Zulkarnain Rika Armayanti Riki Andreas Simbolon 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. Sahlan Pege Siregar Sardi Sardi Sembiring, Brema Risdianto Shoniya Dwi Putri Shabrina Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sri Wahyuni Suhendra Simangunsong Sulyaprilawati Battri Siahaan Sumarno Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani 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 Yemima Br Ginting Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Yuhelson Yuhelson Yunda Amalia Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu