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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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Perlindungan Hukum Terhadap Pekerja Outsourcing (Studi Pada PT. Arina Tama Persada) Pardede, Fransthahi Hamonangan; Nurhayati, Siti; Aspan, Henry
Jurnal Christian Humaniora Vol 9, No 2 (2025): November
Publisher : Institut Agama Kristen Negeri Tarutung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46965/jch.v9i2.2672

Outsourcing workers in Indonesia must be protected to achieve welfare. Outsourcing workers at the Animal, Fish, and Plant Quarantine Center of North Sumatra placed through the company PT Arina Tama Persada for the status of working as a cleaning service have several obstacles in obtaining their rights that are not fulfilled. The main rights of workers that are not fulfilled are regarding work contracts/agreements. The contract is only made verbally between PT Arina Tama Persada and outsourcing workers. As regulated in Article 18 of Law No. 35 of 2021, it is clearly stated that the employment relationship between the outsourcing company and the workers/laborers employed is based on the PKWT and PKWTT which must be made in writing. When workers ask for an employment agreement to PT Arina Tama Persada as the work provider company, they always do not respond and state that the contract is made verbally. This study uses an empirical legal method with a field approach through interviews and observations, as well as literature studies. The results of the study show that the management of PT Arina Tama Persada as the work provider company who is not willing to be interviewed is clear evidence of the company's lack of openness in providing the rights of outsourcing workers at the North Sumatra Animal, Fish and Plant Quarantine Center with the status of a cleaning service. The management of PT Arina Tama Persada, verbally but not willing to be interviewed, admitted that there were many shortcomings in the fulfillment of workers' rights. PT Arina Tama Persada was the winner of a government auction to employ outsourced workers at the Animal, Fish, and Plant Quarantine Center of North Sumatra. Because the work deals with the interests of outsourced workers at the Animal, Fish, and Plant Quarantine Center of North Sumatra with the status of cleaning service, then PT Arina Tama Persada as the provider of outsourced workers should be transparent.

PENYULUHAN HUKUM TENTANG PERLINDUNGAN KONSUMEN DALAM TRANSAKSI ONLINE BAGI MASYARAKAT PEDESAAN Aspan, Henry
Jurnal Pengabdian Masyarakat Disiplin Ilmu Vol. 3 No. 2 (2025): Jurnal Pengabdian Masyarakat Multi Disiplin Ilmu Juli 2025
Publisher : Yayasan Cita Cendikiawan Al Kharizmi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jpmasdi.v3i2.6798

Latar belakang: Perkembangan teknologi informasi yang pesat telah mengubah pola transaksi masyarakat dari konvensional menjadi berbasis digital. Transaksi online kini menjadi bagian dari kehidupan sehari-hari, tidak hanya di perkotaan tetapi juga mulai merambah ke wilayah pedesaan. Kemudahan berbelanja secara daring melalui e-commerce, media sosial, dan marketplace menjadi daya tarik tersendiri bagi masyarakat pedesaan yang ingin mengakses barang dan jasa tanpa harus pergi ke kota. Metode pengabdian: Metode yang digunakan dalam kegiatan adalah dengan memberikan penyuluhan berupa materi dalam bentuk PPT. Hasil pengabdian: Dari hasil kuesioner pre-test dan post-test, diketahui terjadi peningkatan pemahaman hukum dari rata-rata nilai 56 (sebelum penyuluhan) menjadi 84 (setelah penyuluhan). Peserta juga menyatakan bahwa mereka kini lebih berhati-hati dalam berbelanja online dan mengetahui hak-hak yang dapat mereka tuntut jika mengalami kerugian. Kesimpulan: Tingkat kesadaran hukum konsumen di pedesaan masih rendah, terutama terkait hak-hak konsumen dan prosedur penyelesaian sengketa dalam transaksi digital. Kurangnya literasi digital dan informasi hukum menjadi hambatan utama dalam melindungi diri dari potensi penipuan atau praktik perdagangan tidak adil di platform online.

JURIDICAL STUDY ON THE PHENOMENOLOGY OF DIGITAL CRYPTOCURRENCY ASSETS FROM A LEGAL PERSPECTIVE TAX COLLECTION AND SHARIA QANUN IN INDONESIA Rico Nur Ilham; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 5 (2024): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i5.1937

This study analyzes the phenomenology of cryptocurrency digital assets from the perspective of taxation and sharia law in Indonesia. Cryptocurrency, as a digital innovation based on blockchain technology, has received significant attention both as an alternative investment and a means of transaction. However, its existence poses regulatory challenges, especially in terms of taxation and compliance with sharia principles. This study uses a normative legal method with a legislative and conceptual approach to understand how tax regulations and sharia law regulate cryptocurrency transactions in Indonesia. Data were obtained through literature studies, analysis of relevant legal documents, fatwas, and Qanuns, and interviews with legal and sharia experts. The results of the study show that the Indonesian government has begun to regulate taxes on cryptocurrency transactions through several policies, although there are still challenges in their implementation, such as assessing transaction values and accurate reporting. From a sharia perspective, views on cryptocurrency vary. Some scholars accept cryptocurrency as halal, while others consider it haram due to speculative reasons and the lack of clear underlying assets. In Aceh, as a province with full implementation of sharia law, regulations related to sharia financial transactions are more complex. This study recommends harmonization between tax regulations and sharia law to create legal certainty and justice for all parties involved. The government is expected to strengthen regulations and supervision of cryptocurrency transactions and conduct socialization and education to the public regarding tax obligations and sharia principles related to cryptocurrency. With a comprehensive and integrative approach, it is hoped that a cryptocurrency regulatory system can be created that is fair, efficient, and in accordance with positive and sharia legal values in Indonesia.

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): September
Publisher : 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): September
Publisher : 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

LEGAL REVIEW OF NARCOTICS ABUSE AND PREVENTION EFFORTS Deni Karnius Zebua; Mhd. Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.135

Drug abuse is a serious problem that impacts not only health but also social, economic, legal, and national security consequences. While narcotics have legitimate uses in medicine and research, they are often misused beyond these purposes, leading to dependency, impaired quality of life, and even threatening the future of the younger generation. This study examines two important aspects: efforts to prevent drug abuse and law enforcement against drug crimes in Indonesia. The method used is normative legal research with a conceptual approach, referring to laws and regulations, legal doctrine, and relevant literature. The results show that preventing drug abuse requires an integrated strategy through promotive, preventive, curative, rehabilitative, and repressive approaches. Promotive and preventive approaches serve to provide education and build public awareness from an early age, while curative and rehabilitative approaches play a role in helping addicts break free from dependence. On the other hand, a repressive approach is implemented to take firm action against producers, distributors, and users who violate the law. Furthermore, law enforcement against drug abuse is based on Law Number 35 of 2009, which stipulates severe criminal sanctions, including the death penalty, and requires rehabilitation for addicts. Law enforcement is carried out through penal and non-penal channels, involving law enforcement officials, rehabilitation institutions, and the wider community. Major challenges include internationally organized drug crime networks, weak oversight, and the potential for corruption among officials. Therefore, drug eradication cannot be left to one sector alone but must involve synergy between the government, law enforcement, families, schools, and the community. Comprehensive efforts that combine legal and health aspects are expected to reduce drug abuse rates and protect the nation's future generations from the threat of destruction.

Implementation of Criminal Penalties Against Perpetrators of Sexual Violence Viola Gemmy Gemaya; Henry Aspan; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.136

The purpose of this paper is to determine how criminal penalties are applied to perpetrators of sexual violence and the main obstacles in implementing criminal penalties against perpetrators of sexual violence in the current legal system. The data collection technique used in this study is document study or library research, and the data analysis used in this study is qualitative analysis. Currently, there is a law regulating the Crime of Sexual Violence, namely Law Number 12 of 2022. The presence of this law is a hope for the community to reduce the growth of sexual violence cases that occur in Indonesia. Obstacles experienced include protracted legal processes (undue delay), evidence, the absence of articles regulating specific sexual crimes, intimidation from perpetrators, and lack of support from the victim's immediate environment.

Legal Analysis of the Importance of Legal Protection for Victims of Identity Forgery Crimes Eko Sahputra; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.138

Indonesia is a country of law, with various legal regulations in place to protect a person's rights. However, this does not make Indonesia free from crime. Theft often occurs in society, with various methods, one of which is through identity fraud. Identity is a characteristic, sign, or identity inherent in a person, evidenced by an authentic deed. Having an identity is crucial in national life, as without it, it will be difficult to obtain legal protection and certainty in any relationship that arises or disappears in the interests of national life. The protection for owners of falsified personal data on the Pre-Employment Card assistance website is stipulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 27 of 2022 concerning Personal Data Protection. This study uses a normative legal research method. Data collection was conducted through literature and document studies. Data analysis was conducted using descriptive analytical methods and a qualitative approach. The results of the study indicate that the implementation of personal data protection efforts is still far from being implemented, thus posing a risk of personal data leaks, which can lead to other related crimes such as identity forgery, identity misuse, and illegal identity trading, which result in losses for personal data owners.

Analysis of the Effectiveness of the Execution of Mortgage Rights from the Perspective of the Principle of Good Faith and Balance of Interests Ismed, Ismed; Fitri Rafianti; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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

Parate execution of mortgage rights is a legal instrument that grants extraordinary authority to creditors to auction collateral objects without going through the courts, as stipulated in Article 6 and Article 14 paragraph (2) of Law Number 4 of 1996 concerning Mortgage Rights. This mechanism is normatively claimed as a form of efficiency and legal certainty in resolving problem loans. However, in practice, the implementation of parate execution is fraught with inequality and potential violations of the principle of justice, especially for debtors. Many debtors are forced to lose assets through public auctions conducted unilaterally, without room for negotiation, without adequate supervision, even at auction prices that do not reflect fair market value. As a result, instead of settling their debts, debtors are trapped in the trap of remaining debt after execution. This proves that the law has been used to perpetuate the economic domination of creditors and ignore the basic rights of debtors. This research shows that the concept of parate execution in the UUHT does not fully reflect the principles of good faith and balance of interests as mandated in Article 1338 paragraph (3) of the Civil Code and the decisions of the Constitutional Court. The imbalance in bargaining position between creditors and debtors is not compensated by adequate legal protection. Therefore, it is necessary to reformulate the norms, including limiting the right of unilateral execution, strengthening the space for negotiation, and developing alternative auction mechanisms that are fairer and more transparent. Without fundamental corrections, parate execution will continue to be a tool for legalizing structural inequalities that harm social justice and negate the spirit of the law as a guardian of the human rights of every citizen.

Consumer Protection in E-Commerce Business Agreements: A Study of Indonesian Positive Law Manullang, Hotman; Dahlan, Dahlan; Aspan, Henry
Journal of Research in Social Science and Humanities Vol 5, No 3 (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.

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 Angelina E. Rumengan Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Beby Sendy Berton Lumban Tobing CHANDRA DEWI 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 Fadlan Fadlan 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 Herman , Herman Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati 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 Nasution, H. Abdul Razak 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 Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini 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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