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All Journal Masalah-Masalah Hukum JUPIIS: Jurnal Pendidikan Ilmu-ilmu Sosial JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area Publikauma : Jurnal Administrasi Publik Universitas Medan Area JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum Jurnal Hukum Prasada DIDAKTIKA : Jurnal Kependidikan Pena Justisia: Media Komunikasi dan Kajian Hukum Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Pengabdian Masyarakat (ABDIRA) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Proceeding International Seminar of Islamic Studies Jurnal Interpretasi Hukum Prioritas : Jurnal Pengabdian Kepada Masyarakat DEVOTE: Jurnal Pengabdian Masyarakat Global Journal of Public Representative and Society Provision International Asia Of Law and Money Laundering (IAML) Jurnal AGRISEP: Kajian Masalah Sosial Ekonomi Pertanian dan Agribisnis Legalpreneur Journal Seminar Nasional Teknologi dan Multidisiplin Ilmu SASI Jurnal Kajian Hukum dan Sosial

Maswandi

Universitas Medan Area

Author-ID : 632795

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Nursing Physics Public Health Social Sciences Other

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Polyandry Marriage in Criminal Law Studies in Indonesia Asmuni Asmuni; Pagar Pagar; Maswandi Maswandi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 4 (2020): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i4.1423

This study discusses polyandry marriage in criminal law studies in Indonesia. In terms of marriage, there are still some Muslim women who violate Islamic law, either secretly who will carry out further marriages even though they are still married to other men (polyandry marriage), even though both are in the Qu’ran and Hadith which prohibits this act because it is an act of adultery with the threat of positive punishment as regulated in the Criminal Law Number 1 of 1946 and the Islamic Criminal Law. Because this polyandry marriage does not only involve the perpetrator but also other parties so that the marriage is carried out, the criminal arrangements in the Criminal Code related to polyandry marriage can be punishable with a sentence ranging from 9 months to 7 years in prison. In fact, polyandry marriage according to the Qoran and Hadith can be subject to death penalty, death penalty 100 times or imprisonment for 1 year.

Implementation of Heritage Distribution in the Community in Islamic Law Antropology Perspective (Study On Simalungun Tribe In Kuta Baru Village, Tebing Tinggi, Serdang Bedagai Regency) Muhammad Zuhirsyan; Maswandi Maswandi; Jamillah Jamillah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 2, No 4 (2019): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v2i4.593

This study aims to discuss implementation of heritage distribution in the community in Islamic law antropology perspective (study on Simalungun tribe in Kuta Baru Village, Tebing Tinggi, Serdang Bedagai Regency). As for the object of the same study of Simalungun tribe has not been found. One of the Muslim communities of the Simalungun tribe found in Kuta Baru Village, Tebing Tinggi Sub-District, Serdang Bedagai Regency, North Sumatra. The result shows that there are several forms of the implementation of the distribution of inheritance by the Simalungun Muslim population. Among them is to divide based on the provisions that have been made by their parents during his lifetime. There are also those who divide according to Islamic law through a division that only considers the male portion is twice as large as girls. It was also found that the distribution of the inheritance was not carried out and the management of the land according to the level of needs of each of them.

PENERAPAN HUKUMAN MATI BAGI KORUPTOR DALAM PERSPEKTIF ISLAM DI INDONESIA Maswandi Maswandi
JURNAL MERCATORIA Vol 9, No 1 (2016): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v9i1.353

The application of the death penalty in Indonesia is the most severe punishments were applied to cases which are considered an extraordinary crime (extra-ordinary crime) as the case Terrorists, Drug, Makar and Corruption, the death penalty has a foundation as stipulated in Article 10 letter a figure 1e of the Code of Penal. In corruption cases are death penalty as stipulated in Article 2 paragraph (2) of Law No. 31 of 1999 amended by Law No. 20 of 2001 on Corruption Eradication. Despite the threat of the death penalty for criminals, but in fact until now none of the Decision of the Court of Corruption (Corruption) in Indonesia who dared break the criminals with death sentences, but quite clearly both national law or in the perspective of Islam to justify the enactment of punishment die for criminals who commit corruption under certain circumstances and the perpetration of crimes that can be destructive to the life of the nation.

Putusan Verstek dalam Hukum Acara Perdata Maswandi SH., MH
JURNAL MERCATORIA Vol 10, No 2 (2017): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v10i2.1153

Dalam proses persidangan di depan Pengadilan Negeri dikenal adanya putusan akhir sebagai putusan yang berfungsi untuk mengakhiri sengketa atau perkara. Putusan verstek sebagai putusan hakim Pengadilan Negeri dalam perkara perdata adalah salah satu putusan yang masuk dalam golongan putusan akhir. Dalam hukum acara perdata Indonesia mengenai putusan verstek ini diatur dalam pasal 125 H.I.R/149R.Bg. ketidakhadiran para pihak tergugat pada hari sidang yang telah ditentukan adalah salah satu syarat untuk bisa dijatuhkannya putusan verstek oleh hakim Pergadilan Negeri yang memimpin sidang dalam perkara perdata.

Procedure for issuing Polandandri Marriage Certificate at KUA (Case Study of the Issuance of Marriage Certificate of Polyandri Actors) Maswandi Maswandi
Proceeding International Seminar of Islamic Studies INSIS 1 (December 2019)
Publisher : Proceeding International Seminar of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.406 KB)

The purpose of this study was to explore the procedure for issuing a polyandry deed at KUA (Office of Religious Affairs). The object of research is the procedural issuance of the deed of polyandry. This type of research is descriptive qualitative. Where the various phenomena found will be analyzed qualitatively and objectively. The method of collecting data in research uses library research and interviews with several related parties. Analysis of the data used is descriptive by using literature studies in the form of books both Civil Law and fiqh munakahah including fatwas. The results show that the Ministry of Religion has established various procedures related to the implementation of marriage and polygamy which are selective that must be obeyed by every Muslim to do polygamy. The Religious Courts have an important role in fulfilling polygamy procedures. However, there is still a possibility that polyandri marriages will occur due to administrative negligence and / or forgery that has been carried out either by various

The Management of Debtor's Assets Declared Bankrupt by the Commercial Court Jamillah; Maswandi; Bambang Lesmono
Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial Vol 7 No 4 (2020): Konfrontasi, December
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/konfrontasi2.v7i4.134

This study deals with the management of debtor's assets declared bankrupt by the commercial court. The establishment of the Commercial Court is a differentiation step (specialization) of the general court made possible by Law no. 14 in 1970 Jo. UU no. 35 of 1999 Jo. UU no. 4 of 2004 concerning the Justice Law and the establishment of this Commercial Court is the separation of jurisdiction to examine bankruptcy applications from the District Court to the Court Commerce. The result shows that the arrangement and management of the assets of the Debtor after being declared bankrupt by the Commercial Court, the bankrupt Debtor does not have the right to manage and settle all of his assets, and the management and settlement of all the assets of the Debtor will be resolved by the Supervisory Judge, Curator and Creditors Committee, each of whom has different duties, the supervisory judge has the duty to supervise all actions taken by the curator.

Legal Protection for Consumers on Online Trade of Imported Food Products That Do Not Have a Circulation License in Indonesia Maswandi; Jamillah; Widyawati Anggresia Manihuruk
Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial Vol 8 No 4 (2021): Konfrontasi, December
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/konfrontasi2.v8i4.163

Legal protection for consumers for online trading of imported food products without a distribution permit is something that is very important to do in Indonesia, considering that for consumers to obtain any goods through buying and selling is not something difficult in the era of modern technology at this time with the presence of online media, but maintaining the health of certain food products is the main goal for everyone. The presence of online media makes it easier for consumers and business actors to access buying and selling transactions. The online media that are widely used by business actors include Instagram, Facebook, WhatsApp and so on. However, the existence of several products in the form of imported food without a distribution permit sold online from business actors will certainly have a negative impact on consumers as buyers, especially the impact on health caused by food products. Although Law no. 8 of 1999 concerning Consumer Protection can be used as an umbrella to provide protection for consumers. However, considering that the regulation does not stipulate a supervisory mechanism for business actors who do not have a distribution permit, so that the legal protection that is implemented cannot run properly as determined, that's why there are still many business actors in trading imported food products that do not yet have a license. distribution permit which ultimately does not provide legal protection for consumers properly is the cause of the weak regulation on consumer protection.

Proses Pembuktian dalam Tindak Pidana Pembunuhan yang Dilakukan Istri terhadap Suaminya (Studi Pada Polrestabes Medan Terkait Putusan No. 907/Pid.B/2020/PN.Mdn) Benni Ardinal; Maswandi Maswandi; Wessy Trisna
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 1 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center

The purpose of this study was to examine the responsibility and process of proving the wife as the perpetrator of the crime of murdering her husband at the Medan Polrestabes regarding the decision no. 907/Pid.B/2020/PN.Mdn. The type of research is normative juridical law, namely normative legal research on legal principles. To prove the act that is charged to a defendant in a belief that the defendant is really guilty, the court conducts an examination process known as proof. Article 184 paragraph (1) of the Criminal Procedure Code has regulated the evidence that is recognized as valid in the trial, namely in the form of witness testimony, expert testimony, letters, instructions, and statements of the defendant. The results of the study indicate that the responsibility of the defendant Zuraida Hanum, has been legally and convincingly proven guilty of committing a crime. Premeditated Murder Committed Together, as charged in the Public Prosecutor's Primary Indictment, sentenced the defendant to the death penalty. The proof process is to check the crime scene, carry out an investigation into the discovery of the corpse, the Police to make a Model A Police Report, the Medan Police to receive an abundance of police reports from the Kutalimbaru Police, the disposition of the police report is received by the assistant investigator Bripka Okma Brata, to complete the mindik (letters), calling witnesses, checking CCTV from the victim's house until the scene of the corpse is found, conducting pre-reconstruction at the house of the murder victim.

The Management Of The Border Region In Perspective International Law (Indonesia-Malaysia) Maswandi Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 1 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Mastery of ownership of a region is one of the goals of a country. Problems related to the border between Indonesia and Malaysia often occurs since the independence of each country. Persengketaaan the border region generally arise because of differences in views about the boundary line between one Country over the boundary line which is located in the image. International law has long since set up with a clear and provide legal certainty about the border region of a country. The determination of the boundaries of a country is determined by the processes of international law, both use the concept of self-determination, the principle of uti possidetis, and the boundaries of the state. So the determination of the boundaries of a country are expected to no longer pose a conflict. A bilateral agreement between the Uk and the Netherlands in the period before the independence of Indonesia and Malaysia, has been providing legal certainty about the boundaries between the two countries. So, the legal basis of the colonial government such should be used as reference material for Indonesia and Malaysia to determine the area of each region. Cooperation with the management of the border region between Indonesia and Malaysia need to be improved. This is of course a view that the region border on the Island of Borneo to truly experience inequality, better facilities and infrastructure between the two countries.Quality improvement resources to local communities through capacity building programe, is expected to enhance the role of law enforcement that is based on the local wisdom of the community of the border region.

Critical Note The Authority Of TUN To The Cluster Of Government Administration Of Omnibus Law “Cipta Kerja” In Indonesia Muhammad Ansor Lubis; Maswandi Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

In the concept of a state of law, everything must be done according to law, so that the government must submit to the law, not the law that must submit to the government, especially to the Mahakamh decision of the Constitution number 91/PUU-XVIII/2020 regarding the formal Uuck test that has broad consequences for the interests of the community, especially in testing the authority of TUN, such as the discretionary requirement that eliminates the “provisions in the legislation”, and changes in Article 53 of the Government Administration Law that releases the authority of TUN in testing the government's silence. The formulation of the problem in this paper is intended to provide a critical note and / or input for the improvement of the substance of UUCK to kewenagan Tun, especially in the cluster of Government Administration in Article 175 UUCK (changes to Law No. 30 year 2014 on Government Administration (ADPEM law)). Provisions that should be maintained or should be abolished. The research method used is normative jurisi research method. Normative research requires the approach of legislation (statute Approach) and conceptual approach. Data collection techniques used are through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is descriptive. The conclusion in this paper is found that, first: Uuck's legal politics can be read as the spirit of the state in synchronizing, harmonizing, and eliminating sectoral egos; second: Uuck's provisions that must be maintained are Article 24 of the ADPEM law; third: the amendment to Article 53 of the ADPEM law on the “release “of the Administrative Court's authority in” testing " a government silence to be considered a positive fictitious decision is not necessary, because the Administrative Court's authority to test the government silence that is considered granted is important and vital

Co-Authors Adam Agus Sugiyarso Alisya Yasmin Alka Siregar Amrin Mulia Utama Nasution Andi Hakim Lubis Andi Putra Silaban ARDIANSYAH ARDIANSYAH Arie Kartika Arifin, Syasyain ariman ariman Ariman Sitompul Ariman Sitompul Azwir Agus Azwir Agus Azwir Agus Bambang Lesmono Beby Suryani Fithri Beby Suryani Fitri Benni Ardinal Dedy Armaya Desen, Kana Dewa Rohid Erlinda Yurisinthae Fauzi Wikanda Fitri Yanni Dewi Siregar Hasbullah Hasbullah Hasibuan, Erwin Hidayani, Sri Ingratubun, Fitriyah Isnaini Isnaini Isnaini Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah, Jamillah JUMARDI Junaidi Abdullah Ingratubun Junindra Duha khadapi, rio Khairuddin Khairuddin Lestary, Septia M. Ridha Haykal Amal Marsella Marsella Marudut Hasiholan Gultom Muhammad Ansor Lubis Muhammad Citra Ramadhan Najwa Aliya Nanang Tomi Sitorus Pagar Pagar Panjaitan, Lola Purba, Jeni Indriani Qushaery, Ahmad Rafiqi Rafiqi Rafiqi Rahmi Lubis Raja Dewan Sanjaya Riswan Munthe Rizkan Zulyadi Samsul Samsul Shinta Nikita Sitepu, Fadel Sugio Sugio Suryani Hardjo Tarigan, Indra Jaya Sakti Tengku Fachreza Akhbar A Tri Febriana Sinaga Vicky Fadian Wenggedes Frensh Wessy Trisna Widyawati Anggresia Manihuruk Windy Sri Wahyuni Zuhirsyan, Muhammad

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