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Henry Aspan

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

Author-ID : 5496978

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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.

LEGAL RESPONSIBILITIES AND PROTECTION OF PATIENT PRIVACY IN THE USE OF VIRTUAL REALITY AS A NEW METHOD IN DRUG ABUSE REHABILITATION Jonly Harmon Hadi Purba; Henry Aspan; Muhammad Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Virtual Reality (VR) technology has been rapidly developing and applied in various fields, including medicine. In the context of drug abuse rehabilitation, VR offers an innovative therapeutic approach that is effective in reducing the desire to use drugs. In Indonesia, drug abuse continues to increase, especially among adolescents, so an effective rehabilitation method is needed. Although VR shows great potential, its application poses legal challenges, especially related to legal liability and protection of patient privacy. This study analyzes the existing legal framework in Indonesia and highlights the need for stricter regulations to ensure patient safety and privacy in the use of VR. A comprehensive legal approach will support the development of VR as a safe and ethical rehabilitation method.

LEGAL IMPLICATIONS OF THE IMPLEMENTATION OF ARTICLE 2 OF LAW NUMBER 1 OF 2023 ON THE INDONESIAN CRIMINAL JUSTICE SYSTEM Zulkarnain Pasaribu; T. Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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The implementation of Article 2 of Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a significant change in the national legal landscape by formally recognizing the living law in society, including customary law, as the basis for sentencing. This article represents a shift from the principle of formal legality, which primarily recognizes written law, to the principle of material legality that is more inclusive of local norms and values in the criminal justice system. The recognition of customary law in the Criminal Code demonstrates the integration of local wisdom into the national legal framework, ensuring that justice is upheld in a manner that is appropriate to the diverse social and cultural realities of Indonesian society. However, the incorporation of customary law into the national legal system presents challenges in harmonizing it with universally recognized principles of justice and human rights. This study examines the legal implications of the implementation of Article 2 on the criminal justice system, focusing on its impact on law enforcement, prosecution, and decision-making in court. This study also explores potential conflicts between customary law and national law, especially regarding consistency in law enforcement and protection of human rights. This study highlights the need for careful integration of customary law to maintain legal certainty and justice, while respecting Indonesia's cultural diversity. The findings of this study are expected to provide constructive recommendations for policymakers and legal practitioners in managing the application of customary law in the criminal justice system in Indonesia.

INTEGRATION OF CUSTOMARY LAW IN THE PRINCIPLE OF LEGALITY TOWARDS A JUST INDONESIAN CRIMINAL LAW SYSTEM Tonnes Gultom; Henry Aspan; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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The principle of legality is the main pillar in criminal law which functions to guarantee legal certainty and protect human rights from arbitrary actions. In the Indonesian criminal law system, this principle is reflected in Article 1 paragraph (1) of the Criminal Code which states that no act can be punished except based on previously existing written legal provisions. However, the application of the principle of legality which is too positivistic and narrow is considered less relevant in a pluralistic Indonesian society which still upholds customary law as part of living social norms. This thesis aims to reconstruct the principle of legality in the Criminal Code so that it can accommodate living legal values in society (living law) without ignoring the principles of the rule of law and protection of human rights. The method used is a juridical-normative research with a historical, conceptual, and comparative legal approach. The results of the study show that the recognition of customary law in the criminal system has obtained constitutional legitimacy through Article 18B paragraph (2) of the 1945 Constitution and legal support in the 2022 Criminal Code Bill. The proposed reconstruction of the legality principle emphasizes the importance of a balance between written law and local values, through strict verification mechanisms, limitations on sanctions, and strengthening the capacity of law enforcement officers to understand legal pluralism. Thus, this reconstruction is expected to be able to create a national criminal law system that is more contextual, fair, and in accordance with the identity of the Indonesian nation.

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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