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All Journal Journal Analytica Islamica Unes Law Review Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Zaid Alfauza Marpaung
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS YURIDIS PENANGGULANGAN PENYALAHGUNAAN DATA PRIBADI DALAM BENTUK PHISING YANG DILAKUKAN OLEH PAID VERIFIED ACCOUNT DI MEDIA SOSIAL MENURUT UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Dewana Saputra; Zaid Alfauza Marpaung
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.804

Abstract

This research discusses the handling of personal data abuse in the form of phishing carried out by paid verified accounts on social media according to Law Number 27 of 2022 concerning Personal Data Protection. The problem raised in this study is the rampant phishing crime against personal data abuse on social media. The research method used in this study is juridical-normative with sources of legal materials, namely: Laws, previous legal research results, opinions of legal experts, works from legal experts and other sources of information that are useful for this study. The results of this study reveal that the Personal Data Abuse Law in tackling phishing crime against personal data abuse, by strengthening personal data protection through several efforts, such as imposing sanctions, establishing a special authority agency, encouraging the government to strengthen cyber security and increasing digital literacy for the community as a form of participation. with the aim of minimizing the possibility of personal data abuse, such as phishing on social media by paid verified accounts. The handling of personal data abuse through the Personal Data Protection Law is good if it is fully implemented, but it would be even better if various modus operandi of personal data abuse could be explicitly or clearly written in it, so that there are no gaps for violators to escape from the articles of the Personal Data Protection Law. Then regarding the Personal Data Protection Authority Agency must stand independently and independently, so that there is no conflict of interest that can injure and disrupt the enforcement of personal data protection in Indonesia.
Implementasi Konsep Pertanggungjawaban Pidana Islam dalam Hukum Positif Indonesia Diana Sri Utami; Siti Hadijah; Cintami Grece Novita Ramadani; Humairah Hannani; M. Rahman Rizki; Zaid Alfauza Marpaung
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.772

Abstract

Indonesia's positive legal system is not in line with Jinayah's thoughts of accountability. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of unlawful actions (actus reus), which is in line with sharia principles. The aim of this research is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature about Islamic criminal law and its implementation in countries with Islamic law. The research results show that, although there are fundamental differences between Islamic law and Indonesian positive law, several elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values ​​that live within it
Analisis Hukum Pajak Bea Cukai terhadap Barang-Barang Bawaan Tenaga Kerja Indonesia Perspektif Peraturan Menteri Keuangan Nomor 141 Tahun 2023 dan Al-Maslahah Fajar Mahalim Harahap; Zaid Alfauza Marpaung
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i1.7321

Abstract

The phenomenon of labor migration, particularly Indonesian Migrant Workers (TKI), is a complex socio-economic issue in Indonesia. Migrant workers contribute significantly to the country's foreign exchange through remittances, but they face various challenges, including customs regulations when bringing goods back to the country. This study aims to analyze the Customs Tax on Goods Carried by Indonesian Workers from the perspective of the Minister of Finance Regulation Number 121 of 2023 and Al masalahah. And this type of research uses normative legal research whose sources of primary, secondary, tertiary legal materials are collected and analyzed qualitatively. This study concludes that to overcome this problem, the Indonesian government issued PMK Number 141 of 2023, which aims to provide convenience and legal certainty for migrant workers in carrying their luggage. This regulation regulates the exemption of import duties for certain goods and is expected to simplify the customs process and improve protection for migrant workers. Although this PMK makes a positive contribution, it still needs better evaluation and socialization to ensure effective implementation in the field. This research also examines Al-Maslahah values in the context of tax and customs policies, with the hope of creating justice and welfare for migrant workers.
LEGAL PROTECTION FOR COMMUNITIES AFFECTED BY TOFU FACTORY WASTE IN BANGUN SARI BARU VILLAGE, TANJUNG MORAWA DISTRICT FROM THE PERSPECTIVE OF MASLAHAH MURSALAH Kurnia Fanny; Zaid Alfauza Marpaung
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25769

Abstract

Legal protection for communities affected by tofu factory waste is very important to ensure that the community has a healthy and safe environment and that tofu factories are responsible for managing their waste. This study aims to analyze the problem of environmental pollution caused by the operational activities of tofu factories in Bangun Sari Baru Village in the implementation of Law No. 32 of 2009 and Maslahah Mursalah. This study uses an empirical juridical method and a case study approach, data obtained through field observations and interviews are then analyzed qualitatively using deductive logic. The results of the study indicate that tofu factories in Bangun Sari Baru Village do not have environmental permits and discharge waste without prior processing, this causes pollution and public health problems.
RESTORATIVE LEGAL PROTECTION FOR VICTIMS OF PALM OIL FRUIT THEFT: A CASE STUDY IN THE JURISDICTION OF THE BANGUN PURBA POLICE SECTOR Dewi Kentri Saragih; Zaid Alfauza Marpaung
Journal Analytica Islamica Vol 15, No 4 (2026): ANALYTICA ISLAMICA (In Press)
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i4.30753

Abstract

The theft of oil palm fruit is a criminal offense that frequently occurs in plantation areas and causes losses to victims, both in terms of economic harm and psychological impact. Along with the development of the criminal justice system, the settlement of criminal cases is no longer solely focused on imposing sanctions on offenders but also emphasizes the restoration of victims’ rights and interests through a restorative justice approach. This study aims to examine the forms of restorative protection provided to victims of oil palm fruit theft and to identify the various obstacles encountered in its implementation within the jurisdiction of the Bangun Purba Sector Police. This study employed an empirical legal research method with a qualitative approach. The research data were obtained through interviews with police officers, victims, and other relevant parties, supported by an analysis of applicable laws and regulations and relevant literature. The findings indicate that restorative protection for victims is implemented through mediation between offenders and victims, the provision of compensation or restitution, formal apologies, and the settlement of cases through peaceful agreements facilitated by the police.
EMPLOYMENT PROTECTION IN THE CONSTRUCTION SECTOR IN WAGE DISPUTES FROM THE MAQASID SYARI'AH PERSPECTIVE Krisnadi Kusuma Suwandi; Zaid Alfauza Marpaung
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28489

Abstract

Informal construction workers constitute one of the most vulnerable labor groups, particularly in matters related to wage rights. The absence of clear contracts, the dominant position of employers, and the limited availability of legal protection mechanisms place these workers in a weak bargaining position. This study aims to analyze the forms of legal protection available to informal construction workers in wage disputes based on Indonesian positive law and to compare them with the perspective of Maqasid al-Shari’ah. This research employs an empirical legal method with a sociological approach. The findings reveal that although legal protection is normatively provided through labor regulations, its implementation remains ineffective due to weak supervision, the absence of written agreements, low legal literacy among workers, and highly hierarchical employment relations. From the perspective of Maqasid al-Shari’ah, practices such as unilateral wage deductions, delayed payments, and unclear employment agreements constitute violations of the principles of hifz al-māl (protection of wealth) and hifz al-nafs (protection of life), and contradict the value of justice (‘adl).
Co-Authors Cintami Grece Novita Ramadani Dewana Saputra Dewi Kentri Saragih Diana Sri Utami Fajar Mahalim Harahap Humairah Hannani Krisnadi Kusuma Suwandi Kurnia Fanny M. Rahman Rizki Nurhabibah Siregar Siti Hadijah Siti Nur Azizah Veithzal Rivai Zainal Wahyu Erian