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The Role of the Police in Combating the Crime of Theft with Violence within the Jurisdiction of the Aceh Tenggara Resort Police Abdi Ridho; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.584

Abstract

This study aims to analyze the role of the Police in addressing violent theft crimes and the obstacles faced by the Aceh Tenggara Police Resort. The research uses an empirical method with a qualitative descriptive approach. Data were obtained through observation, interviews with police personnel, and documentation related to crime prevention efforts. Data analysis was conducted by examining the roles, strategies, and challenges faced in the implementation of police duties. The results show that the role of the Aceh Tenggara Police Resort is carried out in an integrated manner through preemptive, preventive, and repressive efforts, including legal guidance and public awareness programs, routine patrols in high-risk areas, and law enforcement from investigation to prosecution. The support of Bhabinkamtibmas and active community cooperation enhances the effectiveness of prevention and case resolution, thereby maintaining public security and order. The obstacles faced include limited personnel and infrastructure, difficult-to-access geographical conditions, and technical investigation challenges, such as insufficient evidence and uncooperative witnesses. To overcome these challenges, the Aceh Tenggara Police Resort optimizes investigation management, personnel assignment, cross-functional coordination, persuasive approaches, technology utilization, and regular evaluation of investigations
Law Enforcement On The Safeguarding Of Evidence That Has Become Legally Binding (In Kracht Van Gewijsde) In Corruption Crimes (A Study At The Attourney’s Office Of South Tapanuli District) Stiven Jhasen Sinaga; Suci Ramadani; Ismaidar Ismaidar
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10972

Abstract

Corruption is a form of crime that has a direct impact on the welfare of society. Corruption is an unlawful act carried out to enrich oneself, another person, or a corporation, which is detrimental to state finances or the country's economy. Corruption is also a crime that is included in the category of special crimes because it has different specifications from general crimes both in procedural law and material (substance), especially in the handling of evidence of special crimes whose origins must be examined so that the handling of the crime does not harm parties who are not involved. Corruption is also regulated in various regulations such as Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Law Number 15 of 2002 concerning the Crime of Money Laundering, Law Number 30 of 2002 concerning the Corruption Eradication Commission, the latest Criminal Code (Law Number 1 of 2023), and so on. The law has regulated a number of provisions aimed at strengthening and perfecting the eradication of corruption in Indonesia as well as anticipating and eradicating various increasingly sophisticated corruption modes, as well as increasing the effectiveness of law enforcement related to corruption crimes. The method used is an empirical juridical approach with direct field research studies at the South Tapanuli District Attorney's Office. Mechanisms and Procedures for Securing Evidence in Corruption Crimes according to the provisions of the Criminal Procedure Code and the Corruption Crime Law. The provisions of evidence according to the Criminal Procedure Code are regulated in articles 39-46 of the Criminal Procedure Code starting from Confiscation, Storage of Confiscated Objects, Management of Confiscated Objects / evidence after having permanent legal force. Meanwhile, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes regulates more specifically the management of evidence, especially related to assets resulting from corruption by means of Asset Confiscation (Article 18 of the Corruption Law). Confiscation of Assets suspected of originating from criminal acts of corruption, Blocking and Custody, to Execution of Decisions. The Role of the Prosecutor's Office in Securing Evidence that has been In Kracht in corruption cases. The Prosecutor's Office through the Asset Recovery and Evidence Management division has a role in managing evidence as regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-027/A/JA/10/2014 Concerning Guidelines for Asset Recovery. In practice, the management of evidence carried out by the Prosecutor's Office through the Asset Recovery and Evidence Management Division consists of 5, namely: Direct Sales, Indirect Sales, Determination of Use Status, Grants, and Destruction. Implementation of Evidence Securing in the Practice of Corruption Law Enforcement at the South Tapanuli District Prosecutor's Office. Evidence Securing in criminal acts of corruption at the South Tapanuli District Prosecutor's Office often takes the form of documents, financial transactions, and letters.
Analysis of Criminal Responsibility of Indirect Perpetrators in Corruption Crimes: A Literature Review of the Supreme Court Decision Number 2383 K/Pid.Sus/2023 Mhd. Ilham Nasution; Muhammad Arif Sahlepi; Ismaidar Ismaidar
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.11246

Abstract

This study aims to analyze in-depth the criminal liability of indirect perpetrators in corruption crimes through a literature review of Supreme Court Decision Number 2383 K/Pid.Sus/2023. The phenomenon of corruption as an extraordinary crime often involves intellectual actors who are not directly involved in the physical losses of state finances, but control the crime through policies, official authority, or structured acts of omission. This study uses a normative juridical approach by examining laws and regulations related to criminal law doctrines regarding participation, as well as the judges' considerations in the decisions reviewed. The results of the analysis indicate that indirect perpetrators can be held criminally responsible if their role through policies, directives, or acts of omission clearly contributes to the occurrence of corruption crimes. The Supreme Court in this decision expanded the application of the doctrine of participation, which allows orderers and intermediaries to be subject to criminal sanctions even though they do not directly carry out physical actions. The element of fault (mens rea) for indirect perpetrators is proven through knowledge and intent regarding potential deviations arising from their instructions or authority. Causally, the established policy has been proven to be a determining factor in enabling the occurrence of the crime. This decision has significant implications for the effectiveness of the justice system in addressing structured corruption and provides a deterrent effect for structural authority holders. However, this broadening of interpretation also presents challenges to legal certainty and the risk of disparity in decisions due to the lack of standard guidelines in assessing the degree of involvement of indirect perpetrators. This study emphasizes the importance of developing clear and consistent legal guidelines and improving the capacity of judges to understand the doctrine of inclusion to maintain the principle of proportionality of punishment and legal certainty in Indonesia.
Cyber Criminal Law Analysis on Electronic Medical Record Protection (Study at Mitra Medika Premier Hospital Medan) Esti Budi Rahayu; Ismaidar Ismaidar
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.11284

Abstract

In today's digital era, the development of information technology has revolutionized various aspects of human life, including in the field of health. The use of electronic medical records in hospitals has become a common standard, allowing for more efficient storage of patient data and faster access for medical personnel. However, along with these advances, there have also been legal challenges, especially related to the protection of patients' personal data. The problems discussed are how the implications of cyber criminal law on the protection of electronic medical records in hospitals, what are the obstacles and obstacles in protecting electronic medical records at Mitra Medika Premier Medan Hospital and how cyber crime prevention efforts in protecting electronic medical records at Mitra Medika Premier Medan Hospital. The research used is empirical juridical using data collection methods through field research and library research. Literature Studies is obtained through reading, studying and studying books, laws and regulations, journals or data in the form of library materials while field studies are carried out by interview method. Some forms of violations that may occur in the management of electronic medical records at Mitra Medika Premier Medan Hospital are Unauthorized Access: When the login of an absent health worker is entrusted to another health worker to replace data entry and Data Collection: Patient data is used by unauthorized parties, for example photos of laboratory results. The efforts made by Mitra Medika Premier Medan Hospital in protecting health data include: Strengthening Technology Infrastructure: Implementing firewalls, antivirus, and data encryption, Routine Audits: Ensuring that the system runs according to security standards, Increasing Staff Awareness: Regular training related to data protection and Update/development of information technology systems, especially related to data security.
Political Law Mining Mineral and Coal When Law Number 23 of 2014 Concerning Regional Government is in Effect Tamulina Br. Sembiring; Ismaidar Ismaidar; August Saut Maringan Sihombing
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 1 (2025): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i1.66

Abstract

Enforcement of Law Number 23 of 2014 concerning Government Area change significantly the governance of the energy and mineral resources (ESDM) sector, including mineral and coal mining (minerba). With this regulation, the authority to manage minerba mining is transferred from the district/city government to the central and provincial governments, thus giving rise to various legal implications. Disharmony between Law Number 23 of 2014 and Law Number 4 of 2009 concerning Mineral and Coal Mining shows inconsistencies in the division of authority. This study examines the legal politics which underlies the management of mineral and coal mining in Indonesia, the impact of regulations on regional institutions, as well as importance harmonization regulation to prevent overlapping policies. This study also highlights the importance of implementing the principle of lex specialis derogat legi generali to resolve conflicts of legal norms. The findings indicate the need for revision of related legal products to improve the efficiency and effectiveness of natural resource governance in order to achieve the goal of equitable public welfare.
IMPLEMENTATION OF MEDICAL CHECKS (MCU) IN THE WORKFORCE IN HOTEL COMPANIES Helviana Hasibuan; Irsyam Risdawati; Ismaidar Ismaidar
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5588

Abstract

Considering the risk of infection and spread of disease in the workplace, it is necessary to provide health checks or what is called a medical check-up (MCU) for workers. This research aims firstly to find out how medical check-ups are implemented for workers and, secondly to find out the supporting and inhibiting factors for implementing medical check-ups at the Santika Premiere Dyandra Hotel Medan. This research uses qualitative research, which is descriptive using a theoretical basis to present information according to facts in the field, interview data collection techniques, and documentation. The results of the research show firstly, Hotel Santika Premiere Dyandra Medan has implemented medical check-ups for its workforce but it is still not optimal by Minister of Manpower Regulation 02 of 1980 concerning the Implementation of Occupational Health Checks. Supporting factors for carrying out medical check-ups are government regulations and hotel SOP rules which require workers to carry out medical check-ups, while the inhibiting factor for carrying out medical check-ups at hotels is the high cost of medical check-ups at hospitals/clinics.Key words: Hotels; Occupational health and safety (K3); Medical check-up
Legal Protection for Female Victims of Rape with Disabilities (A Study of Court Decision Number: 250/Pid.Sus/2023/Pn Pbm) Samuel Simangunsong; Chairuni Nasution; Ismaidar Ismaidar
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.617

Abstract

Women with disabilities are part of vulnerable groups who also play an important role in sustainable development. In Indonesia, the protection of women and persons with disabilities is a crucial aspect of guaranteeing human rights; however, various forms of violence and discrimination continue to occur, including rape against women with disabilities. This study formulates two main issues, namely: (1) how the implementation of Law of the Republic of Indonesia Number 8 of 2016 on Persons with Disabilities functions as formal criminal law in Indonesia, and (2) how legal protection is provided to female victims of rape with disabilities based on the study of Court Decision Number 250/Pid.Sus/2023/PN Pbm. This research employs a normative legal approach with a case study type. Data were collected through library research on statutory regulations, court decisions, legal literature, and reports from official institutions. The analysis was conducted descriptively, juridically-normatively, and critically, with an additional juridical-sociological approach to assess the implementation of the law in judicial practice. Data sources include court decision texts, relevant laws and regulations, legal literature, journals, and supporting documents. The findings indicate that the implementation of Law of the Republic of Indonesia Number 8 of 2016 in formal criminal law remains partial, although it has begun to move toward an inclusive justice system. Law enforcement officers are obliged to provide reasonable accommodation for persons with disabilities, including interpreters, psychologists, and legal companions. The case study of Decision Number 250/Pid.Sus/2023/PN Pbm demonstrates adequate repressive legal protection, reflected in the aggravation of punishment for the perpetrator and empathetic treatment of the victim; however, rehabilitative and preventive dimensions still need to be strengthened. In conclusion, Law of the Republic of Indonesia Number 8 of 2016 provides a legal basis for the protection of women with disabilities, yet its implementation remains inconsistent. Strengthening inter-agency coordination and improving the capacity of law enforcement officers are necessary to ensure comprehensive, fair, and equitable legal protection in accordance with the Constitution and international human rights standards
Criminal Case of Unlicensed Mining (PETI) of Bauxite Ore by the Criminal Investigation Unit of Tanjung Pinang Police Ismaidar Ismaidar; Tamulina Br. Sembiring; Muhammad Aldin
Harmony Philosophy: International Journal of Islamic Religious Studies and Sharia Vol. 2 No. 1 (2025): February: Harmony Philosophy: International Journal of Islamic Religious Studie
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/harmonyphilosophy.v2i1.66

Abstract

Tanjung Pinang City, with its natural resource potential in the form of bauxite ore, has experienced problems related to illegal mining activities (PETI) involving CV. Tri Karya Abadi. This case began with a report by PT Kemayan Bintan regarding theft and land grabbing in 2009. Investigations showed that CV. Tri Karya Abadi, despite having a limited permit, carried out exploitation outside the permitted area, utilizing heavy equipment and manipulative methods to obtain maximum profit. These activities resulted in the export of large amounts of bauxite to foreign countries. The investigation by the Criminal Investigation Unit of the Tanjung Pinang Police faced procedural obstacles, but succeeded in determining the main suspect and documenting the violations through the Investigation Report (BAP). In its resolution, this case dragged various parties with the application of sanctions based on Law No. 4 of 2009. An important lesson from this case is the need for synergy between the community, the police, and related agencies to prevent and take firm action against illegal mining activities. Consistent law enforcement with a multi-door system approach is key to protecting the environment and ensuring legal compliance.