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All Journal Jurnal Akta Jurnal Ilmiah Penegakan Hukum Jurnal Abdi Ilmu International Conference of ASEAN Prespective and Policy (ICAP) Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial Al-Awqaf: Jurnal Wakaf dan Ekonomi Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences ADDIN JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana International Journal of Educational Research and Social Sciences (IJERSC) Fox Justi : Jurnal Ilmu Hukum Law Development Journal Qonun Jurnal Hukum Islam dan Perundang-Undangan Indonesian Journal Education Peradaban Journal of Law and Society JURNAL RETENTUM Al-Zayn: Jurnal Ilmu Sosial & Hukum Kanun: Jurnal Ilmu Hukum International Journal of Society and Law
Onny Medaline
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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The Waqf as The Social Institution and The Realization of Islam Nusantara: The Study in West Sumatera Medaline, Onny
ADDIN Vol 12, No 1 (2018): Addin
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v12i1.4544

Abstract

As a religion which concerned with the social, cultural, psychological and spiritual of the community, Islamic laws had the ability to answer the new problems, especially in all muamalah fields. The Islamic of Nusantara was the comprehension, experience, and implementation of Islam in mualamat of fiqih segment as the dialectical result among the syariat, cultural and  reality throughout the archipelago. The reality reflected on in waqf that became a dynamical ijtihadiyyat  laws along with the benefit which fulfilled the certain space, time and situation. The waqf as the social institution was the realization of the Islamic laws transformation to become a law formation which consisted of the funding system of tasawuf (ilahiyah) study and Islam absolute which grew as the social framework that had the ability to answer all the community needs in some of life fields which affected by the dynamic of space and time. In the context of social institution, the waqf was the  norm system which arranged all the human actions in order to fulfill the basic needs in community life, and it was  a part of  community norms which formed the social, religion institutions and the other institutions which protected by the state.
CASH ENDOWMENT (WAKAF TUNAI) DEVELOPMENT IN THE ERA OF THE ASEAN ECONOMIC COMMUNITY Medaline, Onny
ADDIN Vol 10, No 2 (2016): ADDIN
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v10i2.1304

Abstract

 The constitution No. 41 of 2004 has expanded the objects to be endowed, in general it’s not only the unmoving objects, but the moving object also becomes the object of endowments objects such as cash endowment (money). The management of endowment gets the understanding shift slowly, which is in the narrow sense as an entity limited endowments of worship only, but has now showed as the endowment understanding in the productive manner for the management of endowment property. So the system of cash endowment management needs the management models as the operational standard to use the funds maximally. In this era of MEA, cash endowment is expected to be one of the instruments to assist the government in the financial sector to develop the vital sectors that grow through existing Small and Medium Business (SMB) in the community. Instead, MEA is a challenge for modern development of cash endowment to be Islamic institutions be able to become a source of capital and investment for growth economy of community.
Aspek Hukum Pemanfaatan Sistem Pemerintahan Berbasis Elektronik (SPBE) Dalam Penyelenggaraan Administrasi Negara Harmayni Harmayni; Eka Nam Sihombing; Onny Medaline
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 3 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i3.5848

Abstract

ABSTRAKPemanfaatan Sistem Pemerintahan Berbasis Elektronik (SPBE) merupakan bagian penting dalam reformasi birokrasi guna mewujudkan tata kelola pemerintahan yang efisien, efektif, transparan, dan akuntabel. Penelitian ini bertujuan untuk menganalisis posisi hukum SPBE dalam administrasi negara di Indonesia, mengkaji permasalahan hukum dalam implementasinya di Dinas Kependudukan dan Pencatatan Sipil Kota Medan, serta merumuskan upaya optimalisasi penerapannya. Metode penelitian yang digunakan adalah penelitian hukum empiris dengan pendekatan perundang-undangan dan pendekatan konseptual, melalui studi literatur terhadap berbagai regulasi dan doktrin hukum. Analisis dilakukan menggunakan teori kepastian hukum, pemanfaatan hukum, dan efektivitas hukum. Hasil penelitian menunjukkan bahwa secara normatif, SPBE memiliki dasar hukum yang kuat melalui Peraturan Presiden Nomor 95 Tahun 2018 dan Undang-Undang Nomor 24 Tahun 2013. Namun, implementasinya masih menghadapi kendala berupa keterbatasan infrastruktur teknologi, rendahnya literasi digital masyarakat, kekurangan sumber daya manusia, serta masih adanya antrean layanan langsung. Berdasarkan teori efektivitas hukum, penerapan SPBE dinilai efektif secara normatif dan struktural, tetapi belum optimal secara sosiologis. Oleh karena itu, diperlukan peningkatan kapasitas sumber daya manusia, sosialisasi literasi digital, penguatan kebijakan internal, serta komitmen pimpinan untuk mendukung keberlanjutan layanan administrasi berbasis elektronik. Kata Kunci: SPBE, Administrasi Negara, Kepastian Hukum, Efektivitas Hukum, Disdukcapil Kota Medan ABSTRACTThe implementation of the Electronic-Based Government System (SPBE) constitutes an essential component of bureaucratic reform aimed at achieving governance that is efficient, effective, transparent, and accountable. This study seeks to analyze the legal position of SPBE in state administration in Indonesia, examine the legal issues arising from its implementation at the Population and Civil Registration Office (Disdukcapil) of Medan City, and formulate strategies to optimize its application. The research method employed is empirical legal research using a statutory approach and a conceptual approach, conducted through literature studies on various laws and legal doctrines. The analysis is carried out using the theories of legal certainty, legal utility, and legal effectiveness. The findings indicate that, from a normative perspective, SPBE has a strong legal foundation as stipulated in Presidential Regulation Number 95 of 2018 and Law Number 24 of 2013. However, its implementation still faces several challenges, including limited technological infrastructure, low levels of public digital literacy, insufficient human resources, and the persistence of long queues for in-person services despite the availability of online services. Based on the theory of legal effectiveness, the implementation of SPBE is considered effective from normative and structural perspectives, but not yet optimal from a sociological standpoint. Therefore, efforts are needed to enhance human resource capacity, increase public digital literacy awareness, strengthen internal policies, and ensure consistent leadership commitment to support the sustainability of electronic-based administrative services. Keywords: SPBE, State Administration, Legal Certainty, Legal Effectiveness, Population and Civil Registration Office of Medan City
The Effectiveness of Law Enforcement Against Online Gambling Crimes in the Jurisdiction of the Medan Police Based on the ITE Law and the Criminal Code Muhammad Hafizullah; Onny Medaline
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.741

Abstract

Online gambling is a cybercrime that continues to increase in Indonesia, including in the jurisdiction of the Medan Police. Data shows that after experiencing a drastic decline from 40 cases in 2020 to just 5 cases in 2023, online gambling cases surged back to 40 cases in 2024 and peaked in 2025 with 46 cases (a 700% increase from 2023). This study aims to analyze the effectiveness of law enforcement against online gambling crimes based on Article 27 paragraph (2) of the ITE Law and Article 303/303 bis of the Criminal Code in the Medan Police. This study uses an empirical legal research method with a sociological juridical approach through in-depth interviews with investigators, prosecutors, and case document studies for the 2020-2025 period. The data was analyzed using Soerjono Soekanto's theory of legal effectiveness which assessed five factors: legal substance, law enforcement, facilities and facilities, society, and legal culture. The results of the study show that law enforcement has not been optimally effective with an effectiveness rate of around 59% (less effective category). The trend of cases decreasing drastically in 2023 but surging again in 2024-2025 indicates that law enforcement is temporary and has not been able to provide a long-term deterrent effect. Inhibiting factors include: limited competence of investigator human resources in digital forensics (only 30% are certified), lack of digital forensic facilities, regulations that have not been optimal to regulate cross-border jurisdictions, low public legal awareness, and coordination between institutions that has not been maximized. The seasonal pattern shows that the peak of cases occurs in November-December (bonus season and year-end celebrations) with an average of 5.2 cases per month, while the July-August period is the lowest period. Recommendations for increasing effectiveness include: improving regulations, increasing human resource capacity through international certification, procurement of digital forensic tools and building ISO-standard forensic labs, strengthening coordination through inter-agency MoU, and implementing a comprehensive "4P" strategy (Prevention, Prosecution, Protection, Partnership) with a special focus on prevention in the peak period (October-December).
A Legal Review of the Implementation of Government Goods and Services Procurement in Sibolga City from the Perspective of Transparency and Accountability Principles Pursuant to Presidential Regulation Number 16 of 2018 Feby Sri Audina; Onny Medaline
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.749

Abstract

This research examines the implementation of goods and services procurement within the Sibolga City Government (Pemko Sibolga) from the perspective of transparency and accountability principles as mandated by Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services (Perpres 16/2018), as subsequently amended by Presidential Regulation Number 12 of 2021. The research employs a normative legal research methodology utilizing three approaches: the statutory approach, the conceptual approach, and the case approach. Legal materials consist of primary legal materials comprising statutory regulations, secondary legal materials comprising doctrines, scientific journals, and state institution reports, and tertiary legal materials comprising legal dictionaries and encyclopedias. The research yields three principal findings. First, Perpres 16/2018 normatively accommodates the principles of transparency and accountability comprehensively through an SPSE-based e-procurement mechanism, the mandatory publication of the General Procurement Plan (RUP) through SiRUP, the establishment of a permanent and structural Procurement Work Unit (UKPBJ), a structured protest mechanism, and a multi-layered oversight system involving APIP, BPK, KPK, and DPRD. Second, the implementation of transparency and accountability principles in Sibolga City Government procurement continues to face significant obstacles, including: limited UKPBJ human resources holding procurement competency certificates; suboptimal utilization of SPSE and SiRUP due to information technology infrastructure limitations; weak public complaint mechanisms and whistleblower protection; the absence of a Procurement Agent to assist OPDs with limited capacity; and insufficiently optimal legislative oversight by the Sibolga City DPRD over the procurement process. Third, these obstacles originate from a combination of factors relating to legal substance, law enforcement capacity, facility and infrastructure limitations, and bureaucratic culture, as explained by Soerjono Soekanto's legal effectiveness theory. The research recommends: issuance of a Mayoral Regulation specifically governing UKPBJ, regulating career progression and functional allowances for procurement positions; acceleration of procurement competency certification programs for all PPK, Election Working Group, and Procurement Officers; strengthening of information technology infrastructure supporting SPSE; establishment of a public-friendly complaint system with confidential whistleblower protection; and reinforcement of the oversight functions of the Sibolga Regional Inspectorate and DPRD.
Weaknesses of Administrative Sanctions for Construction Services: Analysis of AUPB and its Impact on Effectiveness Nurliana Ritonga; Triono Eddy; Onny Medaline
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.336-347

Abstract

The provision of construction services plays a strategic role in national development, but in practice it is still marred by various violations that indicate weak compliance with regulations, technical standards, and work contracts. This study aims to analyze the nature of violations in construction services, examine the application of the General Principles of Good Governance (AUPB) in imposing administrative sanctions, and evaluate the effectiveness of administrative sanction regulations in ensuring legal compliance. The research method used is normative legal research with a statutory and conceptual approach, supported by an analysis of relevant primary and secondary legal materials. The results show that violations in construction services are systemic and multidimensional, and have the potential to develop from administrative violations to civil and criminal offenses. The application of AUPB in imposing administrative sanctions has not been optimal, as reflected in inconsistencies, lack of transparency, and weak accountability. Furthermore, the regulation of administrative sanctions is still general and does not provide clear parameters regarding the classification of violations and the proportionality of sanctions, thus implicating its low effectiveness as a law enforcement instrument. In conclusion, the effectiveness of administrative sanctions in construction services has not been fully able to encourage compliance and ensure orderly construction implementation. Therefore, it is necessary to update more operational regulations, strengthen the supervisory system, and internalize the AUPB in government practices in order to realize law enforcement that is fair, accountable, and oriented towards protecting public interests.
Criminal Liability Mechanism for Corporations That Do Not Register Their Workers' Health Insurance After the Birth of The Job Creation Law Chandra Syahputra; Muhammad Arifin; Onny Medaline
Indonesian Journal Education Vol. 4 No. 3 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i3.1307

Abstract

Protection of workers’ rights is a vital aspect of implementing social security in Indonesia. The enactment of Law Number 11 of 2020 concerning Job Creation brought significant changes to labor law, including adjustments to the mechanism of social security implementation previously governed by Law Number 24 of 2011 concerning the Social Security Administration Agency (BPJS). Using a normative juridical method with legislative, conceptual, and case approaches, this study analyzes secondary data from laws, doctrines, and court decisions. The findings show that despite the Job Creation Law reaffirming corporate obligations to register workers in social security programs, many corporations still neglect this duty due to weak supervision and limited enforcement. Administrative sanctions are strengthened, but criminal sanctions remain subsidiary and rarely applied. Obstacles to corporate criminal liability include difficulties in proving corporate intent, limited technical procedures for investigation, and weak coordination among authorities. The study recommends clearer implementing regulations to define corporate fault, representative liability, and proportional sanctions.
Digital Transformation in Improving Legal Services by Notaries Who Apply the Cyber Notary Concept Rizka Syafriana; Ida Hanifah; Onny Medaline
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 1 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/djfz7d70

Abstract

The era of Digital Disruption is marked by the shift in people's activities from conventional systems to information technology-based systems that prioritize efficiency and flexibility. The development of the internet and digital economy also affects the field of notary, so notaries are required to be able to adapt through the use of technology in carrying out their duties as makers of authentic deeds. The regulation of electronic transactions in Law Number 11 of 2008 concerning Information and Electronic Transactions and the authority of notaries in the Law on Notary Positions are the normative basis in studying the application of the concept of cyber notary. The problems of this research include the application  of cyber notary in improving legal services, factors that hinder its implementation, and regulatory models relevant to digital transformation. This research aims to make a theoretical contribution to the development of notary literature related to cyber notaries as well as practical contributions for notaries and the public in understanding digital transformation in the legal field. The method used is normative-empirical research with a legislative approach and qualitative analysis of primary and secondary legal materials. This research is explanatory and prescriptive analytical. The results of the study show that the implementation of cyber notary still faces juridical obstacles, especially related to the limits of authority, the validity of the deed, and the strength of legal proof. The absence of special regulations regarding cyber notaries in the Indonesian legal system is the main obstacle in its implementation. In conclusion, digital transformation in notary is an inevitable need in the era of globalization. However, in order for the implementation of cyber notary to run effectively and provide legal certainty, progressive, comprehensive, and adaptive regulatory reforms are needed to bridge the gap between technological developments and the national legal system.
Co-Authors , Rahmad Sembiring Ayumi Kartika Sari Chandra Syahputra Dartimnov Dartimnov Daud, Azzam Hasan Dini Ramadani Sinaga Dira Dinda Alti Eka NAM Sihombing Faisal Faisal Feby Sri Audina Harmayni Harmayni Henry Aspan Herlindah, Herlindah Ida Hanifah Ida Nadirah Iqbal Maulana Irma Fatmawati Juli Moertiono Koto, Ismail Mariam Sati Merry Agnes Moertino, R. Juli Muhammad Arifin Gultom Muhammad Hafizullah Nadirah, Ida Nellis Ramadhanti Nurhilmiyah Nurliana Ritonga Pane, Jannuba Munawarah Rafianti, Fitri Rizka Syafriana Rizka Syafriana Sahari, Alpi Semarta PA, Harianto Frans Siti Nurhayati Siti Nurhayati Tengku Riza Zarzani N Triono Eddy Ulya, Mujahidah