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All Journal Masalah-Masalah Hukum 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 DIDAKTIKA : Jurnal Kependidikan Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Pengabdian Masyarakat (ABDIRA) Proceeding International Seminar of Islamic Studies 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 SASI

Maswandi

Universitas Medan Area

Author-ID : 632795

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice 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.

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

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

Law Enforcement Against The Circulation Of Illegal Firecrackers In The City Of Medan In Welcoming The Holy Month Of Ramadan Maswandi Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 2 No. 1 (2023): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

The purpose of writing this article is to determine the factors of rampant sales and users of firecrackers in the city of Medan, to find out what efforts are faced by law enforcement against sales and users of firecrackers in the city of Medan and to find out what obstacles faced by law enforcement against sales and users of firecrackers in the city of Medan, especially in the holy month of ranadhan. The Data required in this paper are primary and secondary data. Primary Data obtained by conducting field research by interviewing respondents and informants. While secondary data obtained through literature research conducted by studying textbooks, legislation, and opinions parasarjana. Conclusion it is known that the factors undertaken by the police to be important in preventing the circulation of illegal firecrackers in the community, lack of public awareness of the law and the dangers posed by the use of illegal firecrackers, preventive countermeasures are carried out before the violation occurs by preventing the violation does not occur, barriers to the lack of information received, Lack of budget funds received by the National Police in carrying out patrol functions to cope with the circulation of firecrackers. It is recommended to all relevant parties to always provide counseling and socialization of the dangers of firecrackers to the community, so that Banda Aceh is safe from the circulation of firecrackers, because firecrackers are very disturbing to the comfort of the community,as parents it is very important to prohibit playing firecrackers, at least parents supervise children when playing firecrackers in the environment.

Akibat Hukum Pemutusan Hubungan Kerja Secara Sepihak Bagi Guru Pada Yayasan Pendidikan Pasca Putusan MK No.91/PUU-XIX/2021 Tentang Pengujian Formil Undang-Undang No.11 Tahun 2020 Tentang Cipta Kerja Terhadap Undang-Undang Dasar 1945 (Studi Pada Yayasan Pendidikan Nasional Khalsa Medan) Dewa Rohid; Maswandi Maswandi; Beby Suryani Fitri
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 1 (2023): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i1.1519

A specified time work agreement (PKWT) is a work agreement between workers/laborers and employers to enter into a work relationship within the time specified in Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation. The problem in this research is what are the legal consequences for unilateral termination of employment carried out by the Khalsa Medan National Education Foundation for workers who default on work agreements for a certain time that have been agreed upon, and how to resolve them. This study uses normative juridical legal research methods, the nature of the research is descriptive-analytical with a library research approach (Library Research) and field studies at the Khalsa National Education Foundation in Medan, then analyzed qualitatively. The results of the study show that unilateral termination of employment for teachers must be in accordance with statutory regulations with the aim of providing legal protection to each teacher in order to obtain the right to compensation for years of service obtained from the Khalsa Medan National Education Foundation.

Advocate Immunity Is Active When Integrity In The Exercise Of The Profession Jamillah Jamillah; Maswandi Maswandi
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3722

n the practice of law enforcement, many advocates who abuse the right of immunity of this profession and similarly in contrast, many other law enforcers do not understand the rightof Advocate immunity. This right of immunity will be strong if an advocate carries out hisprofession in line with his integrity. The results concluded that the application of the rightof immunity is successful if between law enforcement agencies work in accordance with thedignity of the law and each legal actor maintains professionalism according to the code ofethics and adheres to the principle of good faith to uphold the law and justice to benefit thewider community and the right of immunityKeywords: Immunity, Law, Integrity

Co-Authors Aliya, Najwa ARDIANSYAH ARDIANSYAH Arie Kartika Arifin, Syasyain Ariman Sitompul Ariman Sitompul Asmuni Asmuni Beby Suryani Fithri Beby Suryani Fitri Benni Ardinal Desen, Kana Dewa Rohid Duha, Junindra Erlinda Yurisinthae Fitri Yanni Dewi Siregar Hasbullah Hasbullah Hidayani, Sri Ingratubun, Fitriyah Isnaini Isnaini Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah Jamillah, Jamillah JUMARDI Junaidi Abdullah Ingratubun Junindra Duha khadapi, rio Khairuddin - Lestary, Septia Marsella Marsella Marsella, Marsella Muhammad Ansor Lubis Nanang Tomi Sitorus Pagar Pagar Panjaitan, Lola Purba, Jeni Indriani Qushaery, Ahmad Rafiqi Rafiqi Rafiqi Riswan Munthe, Riswan Rizkan Zulyadi Samsul Samsul Sanjaya, Raja Dewan Sitepu, Fadel Sitompul, Ariman Suryani Hardjo Tarigan, Indra Jaya Sakti Tengku Fachreza Akhbar A Utama Nst, Amrin Mulia Wenggedes Frensh Wessy Trisna Zuhirsyan, Muhammad

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