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CRIMINAL ACTS OF WIVE'S ABANDONMENT BASED ON LAW NUMBER 23 OF 2004 CONCERNING ELIMINATION OF VIOLENCE IN HOUSEHOLD (Analysis of Judgment 85/pid.sus/2019/PN.sbh) Aulia Rahman Hakim Hasibuan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.817

Abstract

One form of crime that occurs in the household environment is domestic violence (KDRT). The thing that is dreamed of by a couple in a marriage is to form a family that is able to provide eternal happiness and create harmony and peace besides having children in accordance with Law Number 1 of 1974 concerning Marriage. Regarding the elimination of domestic violence, it is regulated in Law Number 23 of 2004. Today household neglect of wives is still common, although various efforts have been made to reduce or even overcome it. Based on this, the problem arises what factors cause neglect in the household and how to punish perpetrators of domestic violence. Then research is needed, namely the type of empirical legal research. In this case law is conceptualized as an empirical phenomenon that can be observed and researched in the field. Factors that cause neglect in the household are economic problems, infidelity and behavioral factors. The problem of sentencing from the analysis of cases of neglect in the household raised the conviction of the defendant with a very light 6 month prison sentence that should have been.
Perilaku Masyarakat Dalam Pengelolaan Modal Pinjaman Amartha Pembiayaan Murabahah Usaha Mikro Kecil Perspektif Ekonomi Islam Hernawaty Hernawaty; Aulia Rahman Hakim Hasibuan; Riyanti Fatwani
el-Amwal Vol 6, No 2 (2023): September
Publisher : LPPM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/el-amwal.v6i2.12884

Abstract

Penelitian ini bertujuan untuk mengetahui perilaku masyarakat dalam mengelola dan menggunakan modal pinjaman Amartha pembiayaan Murabahah usaha Mikro Kecil dalam perspektif ekonomi Islam di Desa Nagori Silau Malaha, Kecamatan Siantar, Kabupaten Simalungun. Penelitian ini menggunakan data primer yang di peroleh dari hasil wawancara langsung dan dokumentasi. Penelitian ini menggunakan pendekatan deskriptif kualitatif dengan tekhnik keabsahan data menggunakan trianggulasi. Informan yang di gunakan dalam penelitian ini adalah sebanyak 14 resonden yaitu nasabah yang menggunakan pinjaman modal Amartha pembiayaan Murabahah untuk usaha Mikro Kecil. Dari hasil penelitian ditemukan bahwa pinjaman modal Amartha belum sepenuhnya bisa menambah pendapatan perekonomian keluarga nasabahnya dikarenakan perilaku nasabahnya (perilaku masyarakat) yang menggunakan pinjaman modal untuk kebutuhan konsumtif dan keperluan diluar usaha, juga tidak sesuai dengan perspektif ekonomi Islam karena nasabahnya menggunakan pinjaman tidak sesuai dengan akad dan kesepakatan antara pihak Amartha dengan nasabah, selain itu perilaku masyarakat desa ini juga termasuk kedalam perilaku dusta (bohong) atau tidak jujur (wanprestasi) karena menyalahi kesepakatan dan akad perjanjian pinjaman modal dan juga termasuk kedalam perilaku penyelewengan
Legal Protection of Children as Victims of Domestic Violence Pasaribu, Robby Naldo Shunan; Hasibuan, Aulia Rahman Hakim
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.6966

Abstract

This study aims to discuss the legal basis for child protection as a victim of domestic violence (KDRT) and examine the legal protection policy by the state for children who are victims of domestic violence. A type of normative juridical research, which discusses certain legal phenomena and analyzes them based on laws regulations, and norms that live in society. The results of this study show that the legal regulation of children as victims of domestic violence is regulated in Law Number 35 of 2014 concerning Child Protection, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 11 of 2012 concerning the Child Criminal Justice System. Legal policies for children who are victims of domestic violence include: physical and psychological protection, legal assistance, social and psychological rehabilitation, as well as protection in the legal and judicial process. This protection not only ensures protection like a child but also comprehensive recovery or rehabilitation.
DIVERSION LEGAL RULES AS A SETTLEMENT OF CRIMINAL CASES AGAINST CHILDREN WHO COMMIT MURDER Aulia Rahman Hakim Hasibuan; Happy Krisman Laia; Aliza Ayu Novila
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.v1i2.24

Abstract

Mugging is basically a criminal act of taking someone else's property against the law followed by violence or threats of violence, even in other conditions it can also be followed by other crimes such as murder and rape. This crime is currently often committed by minors, environmental factors greatly influence the occurrence of mugging, starting from motorcycle gang groups whose members are partly minors. So that violent crimes by taking other people's property on the street are often committed by children which results in the child being in conflict with the law. Diversion is a way out for resolving children who are in conflict with the law. The purpose of this study is to determine the meaning of diversion and the rules of diversion law as well. This study is included in descriptive research with a type of normative juridical research, which uses data sources from secondary data, then the analysis method is qualitative analysis. From this study, it can be concluded that diversion is an effort to divert the settlement of juvenile criminal cases from the criminal justice process to a process outside the courts. Regulations on diversion are regulated in various laws and regulations, namely, Law on the Juvenile Criminal Justice System Number 11 of 2012 Article 6 to Article 15, which explains that diversion must be attempted at every level of examination (investigation, prosecution, and examination in court), Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Under 12 (Twelve) Years of Age, this regulation regulates the procedures and implementation of diversion, as well as special handling for children under 12 years of age who commit crimes, and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, this Regulation provides technical guidelines for the implementation of diversion by law enforcement officers, including judges, in handling juvenile cases.
THE RULE OF LAW FOR CRIMINAL DEFAMATION OF PRODUCT REVIEWS ON SOCIAL MEDIA Aulia Rahman Hakim Hasibuan; Indra Utama Tanjung; Kharisma Preety Queen Cindai Br Panjaitan
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.v1i2.37

Abstract

With the development of technological advances in economic activities and electronic commerce, it can create a loophole for criminal defamation of a product that is given a review or assessment by its consumers. The problem is whether the reviews are true based on the facts perceived by consumers of the product or deliberately to provide negative reviews in order to drop the selling value of the product. The Criminal Code regulates the criminal offence of defamation in Article 310 paragraph (1) and 310 paragraph (2). In its development, the criminal offence of defamation committed through electronic media is also regulated in Article 27 paragraph (3) of the Electronic Information and Transaction Law. The purpose of this research is to find out the legal regulation of criminal defamation of a product on social media based on positive law in Indonesia, and to find out how a review can be said to be a criminal defamation. This research is included in descriptive research with the type of normative juridical research, which uses data sources from secondary data, then the analysis method is qualitative analysis. The legal regulation of criminal defamation of a product review on social media based in Indonesia is regulated in Article 27 paragraph (3) Jo. Article 27 Paragraph (3) of the Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Forms of actions that can be considered as defamation through product reviews on social media include if someone deliberately spreads false information or spreads slander about products or producers on social media.
THE ROLE OF MUI OF NORTH SUMATRA AND BPJPH OF THE MINISTRY OF RELIGIOUS AFFAIRS IN MONITORING PRODUCT HALAL STANDARDS CHALLENGES AND STRATEGIES IN CONSUMER PROTECTION Bambang Fitrianto; Aulia Rahman Hakim Hasibuan; Harun Firman Kurniansyah
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.v1i2.50

Abstract

In the era of globalization, the demand for halal products is increasing, especially in Indonesia, which has the largest Muslim population in the world. The Indonesian Ulema Council (MUI) of North Sumatra and the Halal Product Assurance Agency (BPJPH) of the Ministry of Religious Affairs play an important role in ensuring that products in circulation meet the established halal standards. This study analyzes the challenges faced by both institutions in overseeing halal standards, including complex coordination and supervision issues. Using a normative-sociological approach, data were collected through literature studies and analyzed qualitatively. The results of the study indicate that regulatory harmonization, information technology development, and public education are the main strategies implemented to strengthen the halal product assurance system. In addition, strict law enforcement is also identified as a key factor in protecting consumers from products that do not meet halal standards. This study emphasizes the importance of cross-institutional cooperation and technological innovation to ensure justice and legal certainty in protecting Muslim consumers in Indonesia.
Criminal Responsibility for Perpetrators of Child Assault (Analysis of Decision Number 2784/Pid.B/2021/Pn Mdn) Daulay, Puspa Ainni; Sidi, Redyanto; Hasibuan, Aulia Rahman Hakim
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13908

Abstract

This paper examines the issue of criminal liability in cases of group assault resulting in child victimization, with reference to Court Decision No. 2784/Pid.B/2021/PN Mdn. Utilizing a normative juridical method and a descriptive approach, the study finds that the criminal act of violence against a child occurred within the context of a youth brawl. The analysis of the court's decision establishes that the defendant committed physical violence causing injury to the child. The court found the defendant guilty of violating Article 80(1) of Law of the Republic of Indonesia No. 35 of 2014, which amends Law No. 23 of 2002 on Child Protection, and sentenced the defendant to imprisonment. The findings underscore the necessity of effective law enforcement in cases of violence against children and call for comprehensive legal protection for child victims.Keywords: criminal liability, group assault, child violence
LEGAL STUDY OF THE AUTHORITY OF THE MEDAN HIGH COURT IN CORRECTING CRIMINAL DECISIONS IN DOMESTIC VIOLENCE CASES Sempati Uli Artha Tambunan; Tika Hairani; Aulia Rahman Hakim Hasibuan
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.v2i1.70

Abstract

What is desired by couples in a marriage is to form a family that is able to provide eternal happiness and create harmony and peace in addition to having children in accordance with Law Number 1 of 1974 concerning Marriage. Domestic violence (KDRT) is a form of violence that has characteristics that occur in the home environment, involving family members as perpetrators and victims. However, domestic neglect of wives still often occurs, although various efforts have been made to reduce and even overcome it. Based on this, the problem arises of what factors cause domestic neglect and how to punish perpetrators of domestic violence. Therefore, research is needed, namely the type of empirical legal research. In this case, the law is conceptualized as an empirical symptom that can be observed and studied in the field. The factors that cause domestic neglect are economic problems, infidelity and behavioral factors. The problem of punishment from the analysis of cases of domestic neglect that were raised was the imposition of a criminal sentence on the defendant with a very light 6-month prison sentence. Regarding the elimination of domestic violence, this is regulated in Law Number 23 of 2004.
EFFECTIVENESS OF ENVIRONMENTAL CRIMINAL LAW ENFORCEMENT IN CASES OF ENVIRONMENTAL CRIME OF ILLEGAL LOGGING CASE STUDY AT THE SUMATERA ELEPHANT FOUNDATION Adillah Fajar Siddiq; Abdulrahman Nur Wahidin; Aulia Rahman Hakim Hasibuan
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.v2i1.71

Abstract

Illegal logging is a significant environmental problem, especially in developing countries with large tropical forest areas. This activity not only causes forest degradation, but also has an impact on the loss of biodiversity, climate change, and socio-economic conflicts in local communities. This study aims to analyze the causal factors, impacts, and mitigation efforts of illegal logging. The results show that the main factors that trigger illegal logging include weak law enforcement, high demand for illegal wood, and economic pressure at the local level. The impacts include ecosystem damage, increased carbon emissions, and decreased quality of life for indigenous and local communities. To overcome this problem, effective strategies include increasing supervision, empowering local communities, implementing strict policies, and cooperation between countries in controlling the illegal wood trade. This study recommends a holistic approach involving various stakeholders to protect forests sustainably. The Sumatran Elephant Foundation has a very important role in overcoming this problem. As a conservation institution, Yagasu not only monitors and documents illegal logging activities, but is also active in conducting education and advocacy activities to the community about the importance of protecting mangrove forests and how to properly process mangrove products.
LEGAL REVIEW OF CORPORATE CRIMINAL LIABILITY IN CORRUPTION CRIMINAL ACTS Tri Sandi; Lidya Ramadhani Hasibuan; Aulia Rahman Hakim Hasibuan
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

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

Abstract

The phenomenon of corruption involving corporations is increasingly rampant in Indonesia. As a legal entity, a corporation can be held criminally responsible for corruption offenses committed. This research aims to analyze the legal provisions regarding corporate criminal liability in corruption crimes and the forms of criminal responsibility that can be imposed on corporations. The research method used is normative legal research with an approach based on laws and regulations, as well as case study analysis of Supreme Court rulings related to corruption offenses committed by corporations. The research findings indicate that the legal framework concerning corporate criminal liability in corruption offenses is regulated in various laws such as Law No. 31 of 1999 jo. Law No. 20 of 2001 on the Eradication of Corruption Crimes, as well as Supreme Court Regulation No. 13 of 2016 on Procedures for Handling Criminal Cases Involving Corporations. Forms of criminal liability that can be imposed on corporations include fines, corporate dissolution, and revocation of business licenses. The case study of Supreme Court Decision No. 927 K/Pid.Sus-LH/2021 shows that the Supreme Court rejected the cassation request and revised the sentence imposed on the corporation, reducing the fine from IDR 20 billion to IDR 2 billion, with the provision that assets be seized if the fine is not paid.