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All Journal Ensiklopedia of Journal Jurnal Scientia Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Innovative: Journal Of Social Science Research Journal of Strafvodering Indonesian International Journal of Society and Law Journal of Strafvordering Indonesian
Yasmirah Mandasari Saragih
Universitas Pembangunan Panca Budi
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Juridical Analysis of Police Discretion on Traffic Violations by Children of Motorists Going to School Without a Driver's License (SIM) Yasnil Akbar Nasution; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.222

Abstract

Motorcycles have become an important part of Indonesia's life, but their use by minors who do not yet have a Driver's License (SIM) poses a high risk. This phenomenon shows that there is a social deviation triggered by weak parental and community control. Law Number 22 of 2009 regulates the obligation to have a driver's license for motorists, but many children still drive motorcycles. In this context, police discretion is important, where the police have the authority to make decisions based on the existing situation. This study aims to analyze the implementation of police discretion against traffic violations by school children who ride motorcycles without a driver's license, as well as identify obstacles in the implementation of such discretion. The results of the research are expected to provide insight into the challenges faced in law enforcement and increase legal awareness in the community, so as to create safe and orderly traffic.
JURIDICAL ANALYSIS OF ERADICATION OF CRIMINAL ACTS OF TERRORISM IN INDONESIA Yasmirah Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1268

Abstract

Indonesia is a country of law as stated in article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, Indonesia as a country of law means that all arrangements in national and social life and the state are based on applicable laws with the aim of protecting and regulate every community's rights and obligations so as to create a safe, peaceful and peaceful life. One of the functions of the state is to protect every citizen from all threats of crime both from within and from outside. Terrorism is one of the crimes that often occurs and can threaten the life of the nation in Indonesia. The bomb blast at the Makasar Cathedral Church and the attack on the National Police Headquarters are examples of real cases of terrorist attacks in Indonesia. The purpose of this research is to find out and analyze the factors that cause terrorism and what efforts the government must make to prevent criminal acts of terrorism in Indonesia from being effective. The research method used in this research is a normative juridical approach, namely research based on library data in order to collect secondary data and tertiary data related to the problem formulation in this research. The research specification used is analytical descriptive, that is, it does not only describe problems, but also analyzes using an approach to legal norms relating to criminal acts of terrorism, in this case the researcher examines efforts to eradicate and prevent criminal acts of terrorism based on the law. Number 5 of 2018 concerning the eradication of criminal acts of terrorism and is linked to the opinions of experts, and describes it in the form of research using secondary and tertiary data using qualitative research. Terrorist acts that occur in Indonesia cannot be separated from the influencing factors that cause terrorism to develop, such as narrow understanding of religion, minimal understanding of Pancasila ideology and even psychological factors. Many efforts have been made by the government to prevent the occurrence of criminal acts of terrorism, such as the formation of a special anti-terrorism agency and efforts to secure areas that have the potential for terrorism to carry out its actions. However, there are still many acts/cases of terrorist crimes that occur in Indonesia, such as the bombing of the Cathedral Church House of Worship in Makasar and the attack on the National Police Headquarters, showing that efforts to prevent terrorism in Indonesia have not been effective. So further efforts are still needed that are more focused on involving every level of society to participate in fighting terrorism and also involving former terrorists as an effort to eradicate terrorism from its roots.
THE ROLE OF THE POLICE IN PREVENTING CORRUPTION CRIMES IN INDONESIA M. Luqman Hakim Siregar; Yasmirah Mandasari Saragih; Kasim; Robert Napitupulu; Roland Banjarnahor
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1283

Abstract

This article aims to find out the role of the police in preventing criminal acts of corruption in Sumatra and what the police's efforts are in handling criminal acts of corruption in the North Sumatra region. This writing is motivated by problems in the area of ​​the North Sumatra regional police institution in the police position and wants to know more about the police in dealing with the problem of criminal acts. The research method used is the Normative Juridical method with a descriptive analysis approach. The results of this research are that the police's authority to prevent criminal acts of corruption is regulated in Law no. 2 of 2002 as stated in their duties and responsibilities in maintaining security and order, enforcing the law, providing protection, guidance and service to the community even when handling extraordinary criminal cases. Meanwhile, in carrying out investigations, the police and the Corruption Eradication Committee (KPK) also carry out investigations into complaints and further systematic handling is carried out by looking at operational procedural standards.
Criminalization of Perpetrators of Terrorism: A Criminal Law and National Security Approach Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonari Tua Silalahi; Ireny Natalia Putri Sihite
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/22m8jx80

Abstract

The crime of terrorism is a serious threat that can undermine the political, social, and economic stability of a country, especially in Indonesia. Its handling involves various approaches, including criminal law and national security policy. Law No. 5/2018 is the main legal basis in eradicating terrorism, providing broad authority for law enforcement officials in taking action against perpetrators. This research aims to evaluate the application of criminal law and national security approach in combating terrorism in Indonesia. A juridical-normative approach is used in analyzing data obtained through interviews with law enforcement officers, BNPT officials, and legal experts, as well as the study of related literature. The results show that although law enforcement against terrorism perpetrators in Indonesia has been implemented with severe criminal sanctions, the main challenge lies in the rehabilitation and deradicalization of perpetrators. Non-optimal deradicalization program has the potential to fail in reducing potential long-term threats. In addition, monitoring the funding of terrorism and the use of digital technology are important elements in prevention. Therefore, law enforcement must be carried out with due regard to human rights principles, involving collaboration between various institutions as well as educational and religious-based approaches. Success in combating terrorism requires a comprehensive strategy and good coordination between the government, society, and international institutions..
Co-Authors Bonari Tua Silalahi Fadillah Aditya Pratama Fauzan Fauzan Firman Halawa Ireny Natalia Putri Sihite Irma Fatmawati Jesslyn Elisandra Harefa Kasim M. Luqman Hakim Siregar M. Ryan citra Yudha Mhd. Ihwanuddin Hasibuan Mhd. Ihwanuddin Hasibuan Mhd. Sanip Heri Sinaga Munawir Nasril Rachmad Purwoko Rial Pradila Srg Ricky Pratama Ginting Ricky Pratama Ginting Rico Nur Ilham Risa Damayanti Robert Napitupulu Roland Banjarnahor Sardi Sayyid Muhammad Charafi Sulaiman Syaiful Asmi Yasnil Akbar Nasution