Articles
Legal Review Of The Rights Of Child Prisoners At The Lubuk Pakam Correctional Institution
Bisbon Sibutar-Butar;
Yasmirah Mandasari Saragih
International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i2.23
Children in conflict with the law (ABH) who enter the detention center still have the right to be protected by law. So that legal protection for ABH is very important to run. that the existence of a child protection must be sought if we want to seek national development that can be satisfactory. Therefore, to strengthen the legal protection of children even if they are already in detention, there are several regulations that apply in the ius constitutum in Indonesia. The regulation according to the doctrine is called Child Law, which is a set of legal regulations governing children. This research is descriptive analysis. Data collection is carried out using documentation studies where all secondary data used in this study are collected using library research. Data processing is carried out to facilitate the analysis of data that has been obtained in accordance with the problems studied. Data analysis used in this research is qualitative analysis. Qualitative analysis is a specification of the nature of research to examine between theory and practice on the protection and rights of child prisoners at Lubuk Pakam Correctional Institution. Special coaching institutions are regulated in Law Number 3 of 1997 concerning juvenile courts article 61 paragraph (2), Law Number 11 of 2012 concerning the Juvenile Criminal Justice System article 82 paragraph (1), and Law Number 23 of 2002 Article 9 paragraph (1) concerning child protection where in the education system provided to juvenile prisoners in accordance with their interests and talents, juvenile prisoners are entitled to obtain their rights such as education just like children who are not in conflict with the law or loss of independence in accordance with their interests and talents, and if there are juvenile prisoners who have abilities from others will get special education.
The Role Of Correctional Officers In Combating The Entry Of Prohibited Goods In Class II Langkat Prison
Mitranda Seragih;
Yasmirah Mandasari Saragih
International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i2.26
The circulation and misuse of prohibited narcotics in society must be prevented and addressed. These prevention efforts must be strictly implemented in accordance with Law Number 35 of 2009 concerning Narcotics so that the problem of prohibited narcotics does not continue to grow in society as an epidemic that is bad for the development of the country. A number of cases of distribution of prohibited narcotics in prisons continue to be uncovered. Both in correctional institutions in big cities and in other small cities. The method is the same, carried out via cellphone and internet communication. In fact, it is absolutely impossible for a prison inmate to be able to freely use a cellphone and internet connection in a correctional institution. Because communication tools are prohibited items for a prison inmate. Correctional officers also admitted that they often carry out inspections of detention rooms, searching the prison inmates' possessions. The nature of the research used by the author in this law journal is analytical descriptive because this research describes in detail the social phenomena that are the subject of the problem. A descriptive study is intended to provide as precise data as possible about people, conditions or other symptoms. The type of research used in this writing is empirical juridical research, namely research into problems by looking at and paying attention to applicable legal norms connected to existing facts from the problems encountered in the research. Library Research (Library Research). The factors causing the increasing level of narcotics abuse consist of internal and external factors. The internal factors are religious factors and family factors, while external factors consist of economic and educational factors as well as social factors / environmental influences. The Langkat Class II Youth Correctional Institution has carried out both preventive and repressive measures against perpetrators of crimes involving prohibited narcotics, including providing counseling, coaching and arresting both the public and perpetrators of narcotics crimes. The application of legal sanctions against perpetrators continues to refer to the provisions regulated in Law Number 35 of 2009. In general, perpetrators of crimes involving prohibited narcotics in class II youth correctional institutions are users/using prohibited narcotics for their own consumption (addicts) so that sanctions are alleged to be violations of the provisions for users/consumers of prohibited narcotics.
Criminal Law and Scope of Criminal Law
Yolla Veronica Sembiring;
Yasmirah Mandasari Saragih;
Sumarno Sumarno;
Juita Novalia Br. Barus;
Welli Nirpa Pasaribu
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i3.55
Unitary state The Republic of Indonesia is a country with foundations on law ( Rechts Staat ). In space its scope there is a number of one of the principles that is principle legality . Scope law criminal interests oriented general . Criminal law is knowledge basics that everyone should know and understand student law . Based on description above as for formulation problem in This research is What do you mean with law criminal and how room scope law criminal . As for goals study based on formulation the problem above is For know and analyze understanding law criminal and for know and analyze room scope law criminal . This research is of a nature descriptive , analytical and comparative , viz research that describes , describes and analyzes data as well compare data regarding law criminal and space its scope . In principle there are two different meanings on Criminal Law , the so -called with ius poenale and ius puniendi . Space principles scope enactment rule law the punishment is divided become four that is principle Territoriality ( territorialiteits beginningsel ), basic Nationality active , basic Protection (National Passive ), and principles universality ( universaliteits beginssel ).
Corporate Responsibility for the Crime of Terrorism Financing in Indonesia
Yossri Mantaw Sihombing;
Yasmirah Mandasari Saragih;
Mhd. Azhali Siregar;
Abdur Rahman Sirait;
Teguh Hidayat Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i4.150
Criminal act Terrorism is a form of crime or serious violation human rights at the international level because it seriously endangers security and peace world . T he crime of terrorism which occurred in the territory of the unitary state of the Republic of Indonesia has resulted in loss of property and property and causing fear in society at large, thus having an impact on social life, economics, politics and international relations . One of the main factors supporting acts of terrorism is the existence of funding, meaning that terrorist activities will not take place if there are no funds. Therefore, it is very important to eradicate criminal acts of terrorist financing in order to minimize the occurrence of acts of terrorism. The research method used is normative legal research, namely legal research that uses secondary data by using a statutory approach and a conceptual approach . The data processing and analysis technique used in this research is a qualitative technique using deductive logic in order to draw conclusions from the problem formulation that has been described. The aim of this research is to determine the methods of collecting funds carried out by corporations for terrorism financing in Indonesia and to determine corporate responsibility for criminal acts of terrorism financing in Indonesia.
Law Enforcement against Corporations for Wildlife Crimes which are Protected Under the Constitution of the Republic Indonesia Number 5 of 1990
Arnovan Pratama Surbakti;
Yasmirah Mandasari Saragih;
Sumarno Sumarno
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i4.153
Indonesia is rich in diverse natural resources, namely animal natural resources and vegetable natural resources. One of the gifts of Almighty God which can be used as a source of the country's economy for national development. However, as time goes by, the species that breed in the forest are starting to become endangered. This is caused by the behavior of people or business entities who only think about personal interests without thinking about the impact of what they have done. A corporation involved in crimes involving protected wild animals will be charged in accordance with the applicable articles to provide a deterrent effect against the perpetrators. This research aims to find out the types of crimes against protected wild animals and to find out how law enforcement is carried out against corporations that commit crimes against protected wild animals based on Law of the Republic of Indonesia Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems. This research is normative legal research. The data collection method is by conducting a literature review of legal materials whose data sources come from secondary legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data is described qualitatively descriptively and then analyzed to obtain conclusions from the problem formulations.
Certainty Law For Health Workers In Health Services
Iyo Iko Rasaki;
Yasmirah Mandasari Saragih;
Marice Simarmata
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i4.199
Health services aim to maintain and improve the quality of health, as well as prevent and treat diseases in the community.This study aiming to analyze the legal certainty for health workers in health services, using the normative legal method. The data source comes from a literature review. The results of this study indicate that Law Number 17 of 2023 regarding Health brings significant changes to the legal certainty for health workers in Indonesia in terms of health services. Previously, legal certainty for health workers was spread across various separate laws. However, with the enactment of Law Number 17 of 2023, this legal protection has become more integrated and comprehensive. Updates regarding the protection of health workers include increasing the rights of health workers, including affirmation of compliance with professional standards and ethics. There are improvements in rights, salary, performance allowances, health insurance, and opportunities for self development. This protection is strengthened by giving health workers the authority to stop services if there is a violation of ethics. It is necessary to strengthen operational procedures and work standards that can be a reference for health workers in carrying out their duties, thereby reduce the risk of negligence that can result in criminal sanctions and additional regulations are also needed to ensure a fair legal mechanism for health workers in facing accusations of negligence, by considering ethics and professional aspects in their work.
The Role of the Village Deliberative Body in Monitoring Village Fund Allocation in the Perspective of Law Number 14 of 2016
Suramin Suramin;
Yasmirah Mandasari Saragih;
Ismaidar Ismaidar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v1i4.201
Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.
Law Enforcement Against Criminal Acts of Drug Abuse Committed by Children
Ryan Fadli Siregar;
Yasmirah Mandasari Saragih;
Fauzan Fauzan;
Putriani Nduru;
Ibrahim Ibrahim
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v2i1.295
Children are the future generation of the nation that must be protected, especially when dealing with the law. Law enforcement against perpetrators of drug abuse crimes committed by children has been effective. Drug abuse has a very bad impact on the continuity of a nation's generation. To anticipate this, cooperation is needed from all components of society, such as families, from school to university level, and the government must unite in efforts to prevent narcotics in the surrounding environment. Using the perspective of Law Number 35 of 2009, this study attempts to analyze how narcotics crimes committed by children are prosecuted legally. Drug abuse is a serious crime that can endanger the security and sovereignty of the state, as well as the growth and future of the state, according to a normative legal approach that includes analysis of laws and regulations and previous events. Illegal drug use is prohibited, according to Law Number 35 of 2009. Research findings show that, despite the need for legal action against children who use drugs, the juvenile criminal justice system uses Restorative Justice strategies along with the concept of diversion to protect children from stigma.
Law Enforcement Against Illegal Parking Attendants as Perpetrators of Extortion Crimes With the Restorative Justice Method in the Jurisdiction of the Medan Sunggal Police
Yolla Veronica Sembiring;
Yasmirah Mandasari Saragih;
T. Riza Zarzani
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
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DOI: 10.62951/ijls.v2i1.323
Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.
SANKSI HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PENGGELAPAN DANA (ANALISIS PUTUSAN NOMOR: 1073/PID/2024/PT MDN)
Gunawan, Adinda Julia;
Saragih, Yasmirah Mandasari;
Ramadhani, Suci
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia
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DOI: 10.33559/eoj.v7i2.2921
Abstract: The crime of embezzlement in the legal sense is an unlawful act by hiding goods/property belonging to another person by one or more people without the knowledge of the owner of the goods with the aim of controlling or using them for other purposes. The purpose of this study is to analyze the law enforcement of the crime of embezzlement according to the law and to find out the causes of embezzlement and what sanctions are given to perpetrators of the crime of embezzlement in the Medan High Court decision with case number 1073/Pid/2024 Pt Mdn. The nature research uses descriptive. This type of research is normative research while the data collection method uses library research and the type of data in study uses secondary data. Law enforcement of perpetrators of the crime of embezzlement is regulated in Articles 372-377 of the Criminal Code. The crime of embezzlement that the author raises is the crime of embezzlement of funds committed by the defendant who is proven to have embezzled funds, the defendant's actions are subject to criminal sanctions in Article 372 of the Criminal Code and impose a sentence on the defendant with 2 years in prison.Keywords: Embezzlement of funds; Criminal sanctions; Criminal act.