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All Journal Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Pena Justisia: Media Komunikasi dan Kajian Hukum NOMOI Law Review Proceeding International Seminar of Islamic Studies EduYustisia Jurnal Edukasi Hukum INSPIRING LAW JOURNAL
Rajarif Syah Akbar Simatupang
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Peranan Filsafat Hukum Dalam Perlindungan Anak di Indonesia Simatupang, Rajarif Syah Akbar
EduYustisia Vol 2, No 3 (2024): Februari - Mei
Publisher : Universitas Muhammadiyah Sumatera Utara

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Abstract

The Indonesian state has responsibility for the welfare of children constitutionally in the 1945 Constitution of the Republic of Indonesia. Hierarchically, various legal products were issued and ratified which became the basis for policies and regulations in child protection in Indonesia. Child protection already has national legal products and international legal products which have been ratified by Indonesia. Children's rights are part of human rights contained in the 1945 Constitution of the Republic of Indonesia and the United Nations Convention on the Rights of the Child. The research method used is normative juridical research, namely legal research carried out by examining library materials or secondary data. The concept of a rule of law based on Pancasila certainly upholds and pays attention to human and national values, and because naturally children are the most vulnerable human figures in terms of defending their own safety and interests, and are vulnerable to becoming victims of interference from other human beings who have more Being an adult and being strong first is synonymous with legal protection for children, and this is also reflected in the constitution. Legal Philosophy studies the nature of seeking justice. Legal philosophy is a philosophy or part of philosophy that directs (focuses) its reflection on law or legal phenomena. Legal philosophy is not aimed at questioning certain positive laws, but rather at reflecting on law in its generality or law as such.
WAR CRIMES FROM THE PERSPECTIVE OF ISLAMIC LAW AND INTERNATIONAL LAW Simatupang, Rajarif Syah Akbar; Ritonga, Arifin Said; Sihombing, Daulat; Lubis, Pangiutan Tondi; Mansar, Adi
Proceeding International Seminar of Islamic Studies INSIS 6 (February 2024)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

War is the highest form of conflict between humans that involves the use of weapons. War is a human tragedy that causes death and priceless losses. War always gives rise to various economic, political and social consequences that degrade human values. As a form of awareness of the consequences and consequences of war, it was agreed to establish International Humanitarian Law. In line with the Preamble to the 1945 Constitution of the Republic of Indonesia, Indonesia is one of the countries that has ratified the international convention on International Humanitarian Law. Conceptually, Islamic law, national law and international law regulate the conditions of war. However, in practice, the terms of the war were not implemented consistently and consistently until the war turned into a war crime. The aim of this research is, firstly, to examine and analyze Islamic law, national law and international law regarding war crimes, secondly to examine and analyze forms of efforts to enforce national law and international law regarding war crimes. The research method uses a type of normative research which places law as a system of norms, the subject of the study is conceptualized in the norms that apply in society, this type of research is taken through literature, which means legal research by examining library materials or documents.
ENFORCEMENT OF LAW ON CONSUMER PROTECTION TO INCREASE THE VALUE OF JUSTICE Nainggolan, Ibrahim; Koto, Ismail; Simatupang, Rajarif Syah Akbar
NOMOI Law Review Vol 4, No 2 (2023): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17398

Abstract

The problems faced by society are not only related to the choice of goods, but are much more complex and involve the perception of all parties, both business actors and consumers, regarding the importance of consumer protection. Consumer protection law or consumer law can be understood as all legal provisions that regulate the rights and obligations of consumers and producers arising from efforts to fulfill their needs. The word comprehensive is intended to describe that it covers all differences in law according to its type. This research is normative legal research, namely legal research that places law as a building system of norms. Normative legal research is law that is conceptualized in terms of norms or rules that apply in society. In regulating consumer protection legal regulations in fulfilling the value of justice in Indonesia today optimally and providing opportunities for consumers and economic actors to achieve their rights and fulfill their obligations equally.
Criminology Review of the Crime of Child Trafficking for the Purpose of Prostitution Simatupang, Rajarif Syah akbar
Inspiring Law Journal Vol 1, No 1: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Based on the results of the study, it was stated that the causes of the crime of trafficking in children for the purpose of prostitution were poverty (economic) factors and non-existent or inadequate employment opportunities. Legal protection for child victims of child trafficking for the purpose of prostitution can be done in various ways, including through rehabilitation efforts, efforts to protect from identity reporting through mass media and to avoid labeling, providing safety guarantees, receiving assistance or advocacy during the case process and afterward. as well as providing accessibility to obtain information on case developments. Factors affecting the legal protection of child victims of the crime of trafficking in children for the purpose of prostitution are in terms of legislation due to the weakness factor of the law itself in ensnaring perpetrators of criminal acts of trafficking in children and the threat of punishment is still relatively light. Another thing is also because there is no law that specifically regulates the problem of child trafficking, the indifference of the people themselves who tend to be ignorant in seeing the phenomenon of child trafficking, in addition there are also a small number of people who turn out to legalize their children to become prostitutes in order to help the family economy
Perlindungan Terhadap Anak Berhadapan Dengan Hukum Simatupang, Rajarif Syah Akbar
EduYustisia Vol 3, No 2 (2024): Oktober-Januari
Publisher : Universitas Muhammadiyah Sumatera Utara

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Abstract

Perlindungan bagi anak sangat penting, karena anak adalah aset pembangunan di masa depan bangsa. Ketika fisik, mental, dan sosial mereka telah berkembang dengan baik, itu berarti saatnya bagi anak-anak ini untuk melanjutkan generasi sebelumnya. Oleh sebab itu, bangsa Indonesia sebagai bagian dari komunitas global berkomitmen untuk menjamin terpenuhinya hak anak, sehingga ditetapkan bahwa perlindungan anak adalah bagian dari hak asasi manusia. Tanda-tandanya adalah adanya jaminan dalam konstitusi, guna memastikan tercapainya masa depan anak Indonesia yang sejahtera, berkualitas, dan terlindungi. Metode penelitian adalah suatu proses pengumpulan dan analisis data yang dilakukan secara sistematis, untuk mencapai tujuan tertentu. Pengumpulan dan analisis data dilakukan secara alami, baik kuantitatif maupun kualitatif, eksperimental dan non-eksperimental, interaktif dan non-interaktif. Metode Penelitian yang digunakan yaitu penelitian yuridis normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder. Perlindungan anak bertujuan untuk memastikan bahwa setiap hak yang dimiliki anak tidak mengalami kerugian. Perlindungan anak bersifat melengkapi hak-hak lain yang secara sederhana menjamin bahwa anak-anak akan menerima apa yang mereka perlukan agar dapat bertahan hidup, berkembang, dan tumbuh. Hak anak pada dasarnya merupakan hak asasi manusia yang sudah melekat pada anak sejak lahir ke dunia, bahkan ketika anak masih berada dalam kandungan, yang didasarkan pada hukum dan peraturan perundang-undangan yang berlaku. Ini mencakup hak asasi manusia mengenai hak untuk pertumbuhan dan perkembangan fisik, mental, dan sosial secara utuh serta hak atas perlindungan dari kekerasan dan diskriminasi oleh siapa pun, di mana semua ini harus didasarkan pada undang-undang sebagai penjamin berlakunya hak-hak tersebut. Tujuannya tentu agar anak yang telah terlindungi hak-haknya ini dapat berguna bagi bangsa, agama, serta keluarga.
Kajian Hukum Terhadap Anak Yang Melakukan Tindak Pidana Narkotika Dalam Perspektif Kriminologi Studi di Polresta Deli Serdang Rajarif Syah Akbar Simatupang; Abdul Hakim Siagian; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (832.654 KB) | DOI: 10.34007/jehss.v5i2.1187

Abstract

This study aims to find out the causal factors, modus operandi and prevention efforts of children who commit narcotics crimes in the perspective of criminology in Deli Serdang Police.. This research uses normative legal methods by using a normative juridical approach (Legal Reseach) to obtain secondary data conducted by research and interview, to obtain primary data through library materials and invitees. The results showed that the legal study of children who commit narcotics crimes in the perspective of criminology, based on indicators are as follows: First, the causative factors of narcotics crimes committed by children are internal factors (factors obtained by children from the family and from within the child themselves and external factors (factors obtained from the environment, association, economic situation and cultural influences abroad). Second, the modus operandi carried out by children in committing narcotics crimes is carried out in groups and individuals, the child can use narcotics by lying to parents in terms of material (pocket money) to commit criminal acts of theft. Third, the efforts and prevention so that narcotics crimes committed by children are not repeated through the existence of legal policies consisting of repressive and preventive efforts by the Deli Serdang Police.
The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking Rajarif Syah Akbar Simatupang; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6444

Abstract

Indonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator's responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim.
Land Registration in Indonesia: Between Policy and Legal Certainty Ramadhani, Rahmat; Lubis, Taufik Hidayat; Lubis, Ummi Salamah; Koto, Ismail; Simatupang, Rajarif Syah Akbar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6151

Abstract

Legal certainty of land is an absolute must to maintain the stability of land use in development and to realize legal certainty of land ownership for people who want to deal with the land. Legal certainty as intended in land registration will result in the granting of a land title certificate by the National Land Agency as an institution that organizes state administration to those entitled, and can be relied on by the owner of his property to act as a strong means of proof of a person's land rights. The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, searches for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by presenting the material of legal events or legal products in detail to facilitate interpretation in the discussion. Article 1 paragraph (1) of PP No. 24 of 1997 states that Land Registration is a series of activities carried out by the government continuously, sustainably and regularly, including the collection, processing, opening and presentation as well as maintenance of physical data and legal data in the form of maps and lists regarding land plots and apartment units, including the provision of proof of rights for land plots that already have rights and ownership rights for apartment units with certain rights that burden them. There is an appeal from the government in the context of implementing land registration, namely that the community should not expect the land registration committee to come to survey community lands that have not been registered and then the lands are registered in order to guarantee legal certainty, but the community may on its own initiative gather people or residents whose land does not yet have a certificate and prepare letters or legal basis for ownership of the lands
PELAKSANAAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA PERSPEKTIF NILAI KEADILAN Simatupang, Rajarif Syah Akbar
Jurnal Yuridis Vol 11 No 1 (2024): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v11i1.8356

Abstract

One of the elements that must exist in a legal and democratic state is the protection of human rights, including child protection, which will determine the future of the Indonesian state and ensure that future generations have clear regulations. This research is normative legal research, namely legal research that places law as a building block of norms. The juvenile criminal justice system is used by law enforcement to decide criminal sanctions against children who commit criminal acts or children who are in conflict with the law. The best interests of the child must be the main priority in child punishment. However, according to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Juvenile criminal justice falls under the scope of the General Court. In completing diversion and restorative justice procedures in accordance with statutory provisions for children in conflict with the law, Settlement efforts use mediation, conciliation, and restitution methods simultaneously to unite the parties in a settlement. Therefore, it is mandatory to ensure that cases of children in conflict with the law do not involve the judicial process. Instead, the case was transferred outside the judicial process (non-litigation).
DIGITAL-BASED MONITORING OF THE FULFILLMENT OF VOTING RIGHTS FOR PERSONS WITH DISABILITIES IN THE 2024 MEDAN CITY REGIONAL HEAD ELECTIONS Hadita, Cynthia; Anshari Sibarani, Fauzi; Akbar Simatupang, Rajarif Syah
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26605

Abstract

Fulfillment right choose for person with disabilities disability is an integral part of inclusive democracy , but in practice Still often experience obstacles , good from side accessibility information , infrastructure , and mechanism participation in the political process . Research This leave from problem lack of oversight and transparency in fulfillment right political disability in elections Head of Medan City Region in 2024, where the limitations manual mechanisms often give rise to data bias and potential neglect rights . Purpose study This is analyze effectiveness monitoring digital -based as instrument For ensure participation political disability can protected and guaranteed optimally . Method research used is approach juridical-empirical with technique data collection through studies library , interview with voters disability , organizer elections , as well as observation supported fields utilization application digital monitoring . Research results show that monitoring digital -based capable increase transparency , data accuracy , and give room more participation wide for person with disabilities disability . However Thus , it was found challenge in the form of limitations digital literacy , internet networks , and Not yet integration system digital surveillance with regulations elections . Therefore that , innovation technology need strengthened through policy responsive law for democracy inclusive truly can realized.
Co-Authors Abdul Hakim Siagian Adi Mansar Anshari Sibarani, Fauzi Hadita, Cynthia Ida Hanifah Koto, Ismail Lubis, Pangiutan Tondi Nainggolan, Ibrahim Rahmat Ramadhani, Rahmat Ritonga, Arifin Said Rizkan Zulyadi Sihombing, Daulat Taufik Hidayat Lubis Ummi Salamah Lubis