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PENCEGAHAN TINDAK PIDANA PENCURIAN MELALUI PEMBINAAN DAN KONSELING PSIKOLOGI DI DESA PATUMBAK I KECAMATAN PATUMBAK Maswandi Maswandi; Nanang Tomi Sitorus; Khairuddin Khairuddin; Raja Dewan Sanjaya; Najwa Aliya
Devote: Jurnal Pengabdian Masyarakat Global Vol. 4 No. 4 (2025): Devote: Jurnal Pengabdian Masyarakat Global, 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/devote.v4i4.4707

Abstract

Community Service in Patumbak-I Village, Patumbak District is a village located in Deli Serdang Regency which is not far from Medan City with a distance of 21.8 km for 47 minutes. Community Service is a follow-up to the collaboration that has been carried out between Medan Area University and the Patumbak-I Village Government. This activity was carried out by conducting legal socialization with the theme "Prevention of Criminal Acts of Theft Through Psychological Guidance and Counseling in Patumbak I Village, Patumbak District". This theme is a very important issue to be conveyed and known so that the public knows the legal consequences of criminal acts of theft. The community service team carried out this service as a form of concern for the Patumbak-I village community by holding discussions on the theme of the service and the community service team did not give limits to participants to ask questions with problems of Criminal Acts of Theft. This service began on July 16-18, 2025 by meeting directly with the participants by carrying out the stages, namely preparation, implementation, and results. The results of the implementation of the activity were evaluated by the community service team regarding public knowledge of the crime of theft after the community service team socialized it so that the information conveyed to the community could be accepted as a whole. The problem experienced by the community was that the Supreme Court Regulation Number 2 of 2012 concerning the Settlement of Limitations of Minor Crimes (Tipiring) and the Amount of Fines in the Criminal Code which provided legal uncertainty to perpetrators of the crime of theft, where the community assumed that the perpetrators were released because the nominal value of the stolen goods was below 2.5 million and were not detained, so the Community Service team conveyed the solutions provided.
THE EFFECTIVENESS OF CORPORATE ADMINISTRATIVE SANCTIONS IN ENVIRONMENTAL LAW ENFORCEMENT IN MEDAN Dedy Armaya; Isnaini; Maswandi
JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL Vol. 18 No. 1 (2026): JUPIIS (JURNAL PENDIDIKAN ILMU-ILMU SOSIAL) JUNE
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/ybafg437

Abstract

This study analyzes the effectiveness of the application of administrative sanctions for corporations in environmental law enforcement at the Medan City Environmental Agency (DLH). The background of the research is the importance of administrative sanctions as a fast preventive and corrective instrument compared to criminal or civil channels. The method used is normative-empirical legal research with a normative juridical approach, supported by in-depth interviews and document studies. The results of the study show that normatively, the regulation of administrative sanctions in Law No. 32/2009 jo. Law No. 6/2023, Government Regulation No. 22/2021, and the Minister of Environment and Forestry Regulation No. 14/2024 is adequate and places corporations as subjects of environmental law. Empirically, the implementation of sanctions by the Medan City DLH shows relative effectiveness, reflected in the increase in corporate compliance with written warnings and government coercion, as well as changes in environmental management behavior. However, effectiveness has not been optimal due to obstacles such as the limited number of environmental supervisors, low legal awareness of business actors, weak coordination between agencies, and socio-economic dilemmas in imposing heavy sanctions (freezing/revocation of permits). It is necessary to strengthen institutional capacity, increase supervision, and foster sustainable compliance to realize more effective environmental law enforcement.  Keywords: Administrative Sanctions, Corporation, Environmental Law.
Tindak Pidana Pencurian Menurut Perma Nomor 2 Tahun 2012 Dalam Perspektif Hukum Islam ariman ariman; Maswandi Maswandi
Seminar Nasional Teknologi dan Multidisiplin Ilmu (SEMNASTEKMU) Vol. 5 No. 1 (2025): SEMNASTEKMU
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/869j7234

Abstract

Theft is a crime that gets serious attention in Indonesian criminal law and Islamic law. This study aims to analyze the application of the Supreme Court Regulation (PERMA) No. 2 of 2012 related to the limitation of misdemeanors in cases of theft and reviewing it from the perspective of Islamic criminal law. Using normative research methods with the approach of legislation and conceptual, this study found that PERMA No. 2 of 2012 which raised the limit value of minor theft losses to Rp2, 500, 000 has an impact on changes in law enforcement patterns, including increased settlement of cases through tipiring and restorative justice mechanisms. However, this rule also poses a dilemma because it has the potential to increase the number of petty thefts, especially in Plantation and livestock areas. Meanwhile, Islamic criminal law does not recognize the category of petty theft and emphasizes the absolute protection of property rights through hudud sanctions in the form of cutting hands, with certain exceptions that consider emergencies. This study concludes that both legal systems emphasize justice, but have different bases and orientations in looking at the value of losses, social impacts, and the condition of the perpetrator.  
APPLICATION OF RESTORATIVE JUSTICE IN DISPUTE RESOLUTION OF TRADEMARK CRIMES IN THE POLICE (STUDY OF THE NORTH SUMATRA REGIONAL POLICE) Tri Febriana Sinaga; Maswandi Maswandi; Azwir Agus
SOSIOEDUKASI Vol 15 No 2 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i2.7514

Abstract

Restorative justice is an approach in the criminal justice system that focuses on victim recovery, perpetrator rehabilitation, and community recovery that aims to create a more holistic solution by involving all parties affected by the crime in the settlement process. The formulation of the problem in this study is how the regulation of restorative justice in the North Sumatra Regional Police, how the mechanism for resolving brand crimes in the police, and how the application of restorative justice in the North Sumatra Regional Police in brand crimes. The purpose of this study is to review and analyze the regulation of Restorative Justice in the North Sumatra Regional Police, analyze and analyze the mechanism for resolving brand crimes in the Police, and analyze and analyze the application of Restorative Justice in the North Sumatra Regional Police in Brand Crimes. This type of research uses normative juridical research that is descriptive-analytical and qualitative analysis. The results of the study explain the regulation of restorative justice in the North Sumatra Regional Police, there are various regulations such as the old Criminal Code, the Police Law, the Decree of the Chief of Police No. Pol: B / 3022 / XII / 2009 / SDEOPS concerning Handling Cases Through Alternative Dispute Resolution, Perkapolri No. 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice and Law No. 1 of 2023 concerning the National Criminal Code and Law No. 25 of 2025 concerning the New Criminal Code. Meanwhile, the mechanism for resolving trademark crimes in the police is carried out through mandatory complaints from victims and investigations by the police to resolve trademark crimes in the police. Regarding the application of restorative justice in trademark crime cases by the North Sumatra Regional Police, not a single case can be resolved using a restorative justice approach because there are key factors, namely legal, social, and cultural factors.
LEGAL ANALYSIS OF THE APPLICATION OF CONSUMER PROTECTION TO SPARE PARTS WARRANTY IN THE SALE AND PURCHASE OF HONDA MOTORCYCLES (STUDY IN CV. GRAHA HONDA MARTUBUNG) Sugio Sugio; Maswandi Maswandi; Azwir Agus
SOSIOEDUKASI Vol 15 No 2 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i2.7600

Abstract

The growth of the automotive industry, particularly motorcycles in Indonesia, has driven an increase in sales and purchase transactions, where spare parts warranties are one of the important factors in consumer decision-making. However, uncertainties often arise regarding warranty implementation, leading to conflicts between sellers and buyers. This study aims to analyze the implementation of consumer protection related to spare parts warranties in motorcycle sales and purchase transactions at CV. Graha Honda Martubung, as well as identify inhibiting factors and applicable solutions. The research method used is empirical juridical with a descriptive analytical approach. Data was collected through library research and field research, including interviews with company representatives, consumers, and relevant legal experts. The results show that the implementation of spare parts warranties at CV. Graha Honda Martubung is largely in accordance with regulations, but there are several obstacles such as insufficient socialization to consumers regarding warranty terms, claim procedures that are still considered complicated, and limited stock of certain spare parts. Based on the analysis results, this study provides recommendations including increased socialization, simplification of claim procedures, and better stock management to improve services and consumer protection.
Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi Maswandi; Jamillah Jamillah; Junindra Duha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4213

Abstract

The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act
LEGAL RESPONSIBILITY OF CONSTRUCTION SERVICE PROVIDERS TOWARDS CONSUMERS FOR BREACH OF AGREEMENT (DECISION STUDY NUMBER: 740/PDT.G/2019/PN.MDN) Alisya Yasmin Alka Siregar; Maswandi; M. Ridha Haykal Amal
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22660054

Abstract

The legal relationship between a construction service provider and a consumer arises from an agreement that creates rights and obligations for the parties. In its implementation, default by a construction service provider can cause losses for consumers so that certainty regarding the form of legal responsibility is needed. The formulation of the problem in this study is: (1) how are the legal regulations regarding the liability of construction service providers to consumers for default in an agreement in Indonesia; (2) what are the legal consequences of default committed by construction service providers to consumers; and (3) what is the responsibility of construction service providers to consumers for default in an agreement based on the Medan District Court Decision. This study aims to analyze the legal regulations, legal consequences, and forms of liability of construction service providers to consumers for default based on the Medan District Court Decision. The research method used is normative juridical legal research with a descriptive analytical nature through a literature study of laws and regulations, doctrines, and court decisions. The research results show that the liability of construction service providers for breach of contract is regulated in the Civil Code, Law Number 2 of 2017 concerning Construction Services, Government Regulation Number 22 of 2020 as amended by Government Regulation Number 14 of 2021, and Law Number 8 of 1999 concerning Consumer Protection. Service providers proven to have committed breach of contract are required to be responsible in accordance with the contents of the agreement and the provisions of applicable laws and regulations.
Expansion of the Crime of Money Laundering in the National Criminal Code: The Problem of Limitations on Threatened Crimes of 4 Years or More Maswandi Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 5 No. 2 (2026): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v5i2.165

Abstract

Money laundering constitutes a transnational offense that undermines financial system integrity and economic stability, with predicate offense determination in Indonesia relying on a four-year imprisonment threshold under Article 2(1)(z) of Law Number 8 of 2010, a criterion textually preserved in Article 607 of the new Criminal Code (Law Number 1 of 2023) without substantive re-evaluation. This study aims to examine the normative consistency of this threshold across both regulatory regimes, identify its legal implications for law enforcement effectiveness, and formulate an ideal concept for expanding predicate offense coverage. Employing normative legal research through statute and conceptual approaches, the study analyzes primary and secondary legal materials descriptively and argumentatively. Findings reveal that the threshold's textual continuity conceals unresolved substantive gaps, allowing high-value economic crimes particularly taxation offenses to escape prosecution, weakening corporate criminal liability through the directing mind doctrine, and obstructing asset recovery via the follow the money approach. Comparative analysis with Singapore and Malaysia confirms that Indonesia remains bound to a rigid predicate crime list model. The study concludes that lawmakers should introduce alternative mechanisms based on proceeds' value, strengthen in rem forfeiture instruments independent of predicate offense proof, and expedite passage of the Asset Forfeiture Bill.