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All Journal Sultan Agung Notary Law Review Al Yasini: Jurnal Keislaman, Sosial, Hukum dan Pendidikan
July Esther
Universitas HKBP Nommensen Medan
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis of The Proof Strength of Visum Et Repertum in Cases of Assault Resulting in Death (Decision Number 1294/2025Pid.B/PN Mdn) Ariel Pasudeo Hutabarat; July Esther; Jusnizar Sinaga
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v8i1.51975

Abstract

Criminal evidence is crucial for justice, where Visum Et Repertum as expert testimony (Article 184 paragraph 1 of the Criminal Procedure Code) proves the causal relationship between the assault and the victim's death. This case involves defendants Revan Rainsyah and Hanif who committed assault together against Fajar Marlaba Khudri on May 2, 2025 in Medan, using sharp weapons until the victim died. The research is normative, prescriptive, and analytical juridical, examining positive legal norms, court decisions, and theories such as negative wettelijk bewijsstelsel and presumption of innocence. The approach includes a statute approach (Criminal Procedure Code Articles 184-188), a case approach (analysis of decisions), and a conceptual approach (doctrine of evidence). Visum Et Repertum Number 45 / VER / V / 2025 / RS Bhayangkara (dr. Surjit Singh, Sp.FK) proves head lacerations, skull fractures, and brain hemorrhages on the victim's body, strengthening witness testimony, clues, and forming the judge's conviction. The judge fulfilled the elements of Article 354 paragraph 2 in conjunction with Article 55 paragraph 1 of the Criminal Code, imposing a sentence of 7 years and 6 months in prison for each defendant, taking into account aggravating factors (victim's death, public unrest) and mitigating factors (regret, zero recidivism).
Tanggung Jawab Hukum Marketplace Terhadap Konsumen Dalam Kasus Wanprestasi Transaksi Online Delon Austin Sirait; July Esther
Al Yasini : Jurnal Keislaman, Sosial, hukum dan Pendidikan Vol 10 No 05 (2025)
Publisher : Konsorsium Dosen Institut Agama Islam Al-Yasini Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55102/alyasini.v10i05.94

Abstract

The development of digital technology has driven the growth of buying and selling transactions through marketplace platforms. However, this phenomenon is not free from the risk of default by sellers, such as delivery of goods that do not match, late delivery, or goods not delivered at all. In this context, marketplaces as digital platform providers have a strategic role in providing legal protection for consumers. This study aims to examine the definition of default in online transactions according to Indonesian law, analyze the forms of marketplace legal responsibility, identify legal remedies that consumers can take, and evaluate consumer legal protection based on applicable laws and regulations. The research method used is a literature study with a qualitative approach. The results show that default in online transactions constitutes a violation of electronic contracts as regulated in the Civil Code and the ITE Law. Marketplaces can be held legally responsible if they are negligent in carrying out their obligations to supervise and protect consumers. Consumers have the right to pursue legal remedies through complaints to the National Consumer Protection Agency (BPKN), the Non-Governmental Consumer Protection Agency (LPKSM), or through litigation. Regulations that protect consumers include Law No. 8 of 1999 concerning Consumer Protection and the ITE Law. This research contributes to strengthening the legal position of consumers in the digital commerce ecosystem.
Co-Authors Ariel Pasudeo Hutabarat Delon Austin Sirait Jusnizar Sinaga