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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 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

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

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

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

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

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.

LEGAL REVIEW OF THE PROTECTION OF CHILDREN'S RIGHTS IN TERMS OF MAINTENANCE RIGHTS AS A RESULT OF DIVORCE BASED ON THE VALUES OF JUSTICE A STUDY OF DECISIONS IN THE TANJUNG BALAI RELIGIOUS COURT Eddy Sumardi; Henry Aspan; Andoko , Andoko
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.v2i1.83

Divorce not only affects the relationship between husband and wife, but also has serious consequences for children, especially in terms of custody and support. In the Indonesian legal system, child maintenance rights after divorce are regulated in Law Number 1 of 1974 concerning Marriage which has been amended by Law Number 16 of 2019 and Law Number 35 of 2014 concerning Child Protection. The main principle in determining custody rights is the best interest of the child, as stated in national and international law. In Islamic law, hadhanah is generally given to the mother, especially for children who are not yet mumayyiz. This study aims to analyze legal protection of children's rights in post-divorce maintenance through a case study of the Tanjung Balai Religious Court's decision. The results of the study indicate that there are challenges in the implementation of court decisions, especially in the execution of custody rights and the fulfillment of child support. In some cases, court decisions are not followed by an effective execution mechanism, causing children's rights not to be fully fulfilled. Therefore, a clearer legal reconstruction is needed regarding post-divorce child care, including strengthening regulations regarding child support and the execution of court decisions. In addition, the shared parenting approach can be an alternative in maintaining children's welfare while still involving both parents in their care.

LEGAL REVIEW OF THE GRANTING OF MARRIAGE DISPENSATION BY THE COURT FOR UNDERAGE CHILD MARRIAGE BASED ON LAW NO. 16 OF 2019 AS AN AMENDMENT TO LAW NO. 1 OF 1974 CONCERNING MARRIAGE Maharani, Maharani; Henry Aspan; Azhali Siregar
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.v2i1.89

Child marriage is a phenomenon that still occurs in Indonesia even though the government has taken various steps to prevent it, one of which is through the revision of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage. In this regulation, the minimum age limit for marriage is raised to 19 years for men and women. However, this regulation still provides room for child marriage through the marriage dispensation mechanism, as regulated in Article 7 paragraph (2). This dispensation allows parents to submit an application to the religious court on urgent grounds. Ironically, in practice, the courts tend to grant almost all requests for marriage dispensation, which is contrary to the original purpose of the law to reduce the number of child marriages. This study aims to analyze the effectiveness of granting marriage dispensation from a legal perspective and its impact on the protection of minors. The research method used is a normative legal approach by analyzing related regulations, legal doctrines, and court decisions. The results of the study indicate that the marriage dispensation mechanism is still a legal loophole that allows the practice of child marriage to continue to occur. The main factors influencing the high number of marriage dispensations include social pressure, economic factors, and cultural norms that still consider early marriage as a solution to various family problems. Therefore, efforts are needed to tighten regulations, increase public legal awareness, and strengthen the role of child protection institutions so that marriage dispensation is not misused and truly functions as a child protection mechanism in accordance with the principle of legal benefit.

LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF FOR-WIVES AND CHILDREN AFTER DIVORCE IN INDONESIAN LAWS AND REGULATIONS BASED ON THE VALUES OF JUSTICE Ade Syafitri; Andoko , Andoko; 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.v2i1.90

Legal protection for the rights of ex-wives and children after divorce in Indonesia still faces challenges in its implementation. Although regulations such as the Marriage Law and the Compilation of Islamic Law have regulated the obligations of ex-husbands to provide iddah, mut'ah, and children's rights, weak law enforcement mechanisms often result in these rights not being fulfilled. The lack of criminal sanctions for negligent ex-husbands, disparity in treatment in cases of divorce by talak and divorce by lawsuit, and low public legal awareness are the main obstacles in the realization of this legal protection. This study uses a normative legal method with a descriptive-analytical approach to examine legal arrangements and related policy implementation. The results of the study indicate that stricter legal reforms are needed, including enforcing sanctions for ex-husbands who do not fulfill their obligations, implementing an inter-agency interconnection system to ensure the execution of decisions, and increasing women's legal awareness so that they can fight for their rights. With a more comprehensive policy, legal protection for women and children after divorce can be more optimal, creating justice based on the principle of welfare.

LEGAL REVIEW OF THE IMPLEMENTATION OF CERTIFICATION OF ENDOWMENT LAND TO AVOID DISPUTES FROM A POSITIVE LEGAL PERSPECTIVE IN INDONESIA BASED ON THE VALUE OF LEGAL CERTAINTY Herman , Herman; Henry Aspan; Mhd. Azhali Siregar
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.v2i1.92

Certification of waqf land plays an important role in ensuring legal certainty and preventing disputes that often occur due to unclear ownership status. In Indonesian positive law, waqf land is regulated in Law Number 41 of 2004 concerning Waqf and Government Regulation Number 42 of 2006, which requires every waqf land to be registered and certified by the National Land Agency (BPN). However, in practice, many waqf lands have not been certified due to lack of public awareness, administrative limitations, and bureaucratic obstacles. As a result, waqf land often becomes the object of dispute, especially when the heirs of the waqif try to reclaim the assets that have been donated. This study analyzes the implementation of waqf land certification to avoid disputes in a positive legal perspective based on legal certainty. Using the normative juridical method, this study examines the laws and regulations and obstacles in the implementation of waqf land certification in Indonesia. The results of the study indicate that waqf land certification can provide legal protection for waqf assets and ensure that the land continues to be utilized in accordance with the established social and religious objectives. Therefore, it is necessary to increase the effectiveness of certification through digitalization of land services, simplification of administrative procedures, and increasing the role of Nadzir in managing waqf land. With a better certification system, legal certainty for waqf land can be guaranteed, thereby avoiding potential disputes and strengthening the role of waqf in the social and economic development of the community.

LEGAL REVIEW OF MARRIAGE LEGALIZATION (ISTBAT NIKAH) BASED ON INTEGRATED HEARING IN RELIGIOUS COURTS ACCORDING TO STUDY AT PANDAN RELIGIOUS COURT Rivi Hamdani Lubis; Mhd. 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.v2i1.93

Marriage validation or itsbat nikah through an integrated trial at the Pandan Religious Court is a legal step that aims to provide legal certainty for couples whose marriages are not registered at the Office of Religious Affairs (KUA). Based on Law Number 1 of 1974 concerning Marriage, every marriage must be registered to obtain legal recognition. However, there are still many people who carry out underhand marriages (siri) without official registration, which causes various administrative problems, such as difficulties in processing children's birth certificates, family cards, and inheritance rights. This study aims to analyze the implementation of marriage confirmation through an integrated trial at the Pandan Religious Court and its compliance with applicable laws and regulations. The method used is a normative legal approach with an analysis of related legal regulations and court decisions in marriage confirmation cases. The results of the study indicate that integrated trials provide convenience for couples who do not yet have a marriage certificate, especially for the underprivileged. However, there are challenges in its implementation, such as limited resources and low public understanding of the importance of marriage registration. With an integrated trial, marriage confirmation can accelerate the process of marriage validation and provide legal protection for couples and their children. Therefore, efforts are needed to socialize and improve regulations so that marriage confirmation can be more effective in guaranteeing the legal rights of married couples and increasing legal certainty in marriage.

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 Andoko Andoko, Andoko Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Beby Sendy 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 Dira Dinda Alti 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 Henky Dalimunte Henny Saida Flora Herman , Herman Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Kiki Farida Ferine Kurniawan, Franky Lestari Lamindo Limbong Lestari, Dian Mahardi Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Manullang, Hotman Mariana Zhuo 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 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 Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Rozaini Rumengan, Angelina E. Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tanjung, Yahya Tarigan, Egi Christianta Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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