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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..
LEGAL REVIEW FOR PERPETRATORS OF THE CRIMINAL ACTS OF EXPLOITATION OF HUMAN TRAFFICKING BASED ON THE TPPO LAW (Study of Case Decision Number: 2400/Pid.Sus/2023/Pn.Mdn) Ganda Permana Ketaren; Chairuni Nasution; Yasmirah Mandasari Saragih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3866

Abstract

In Indonesia, since the beginning of independence, the government has created the 1945 Constitution which includes protection for all Indonesian people and provides welfare for its citizens. The problem of "human trafficking" has now become a public problem that must be immediately addressed by the government, both central and regional, because without any action taken by the government in anticipating and handling this human trafficking case, it is feared that it will continue to extend the series of human trafficking cases. The formulation of the problem drawn in this study is how the criminal sanctions for perpetrators of human trafficking are based on the laws and regulations in force in Indonesia, How is the Author's Analysis of the application of the law for perpetrators of human trafficking crimes based on the study of Court decisions number: 2400 / pid.sus / 2023 / Pn.Mdn The research method carried out in this study is research using descriptive normative studies, namely describing, finding legal facts in full and systematically examining the problems studied. The results in this study, the Author has a different view of the Decision given by the judge, especially regarding the reduction of the defendant's sentence. This article also compares the Human Trafficking Law with Law Number 1 of 2023 which provides several changes in the eradication of human trafficking crimes.
Juridical Analysis Of The Crime Of Forging A Package C Diploma And Certificate Of The Results Of The Equality Education Exam In The Election Of Keuchik Gampong Alue Ie Mirah Pante Bidari District East Aceh Regency Munawir; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): August 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.135

Abstract

A diploma certifies that an individual has completed a level of education, serving as a key indicator of their qualifications. However, the modern era has seen a rise in diploma forgery, facilitated by technological advancements. This crime is a subset of letter forgery and is explicitly addressed in Indonesian law, including the Criminal Code (KUHP) and Law Number 20 of 2003 on the National Education System. Diploma forgery not only undermines legal norms but also violates academic ethics and the integrity of educational institutions. A notable case is Saifuddin Razali's use of a forged Package C diploma during the 2018 election for Keuchik Gampong Alue Ie Mirah, resulting in a four-month prison sentence. This study, titled "Juridical Analysis of the Crime of Counterfeiting Package C Diplomas and Certificates of Equivalency Education Exam Results in the Election of Keuchik Gampong Alue Ie Mirah, Pante Bidari District, East Aceh Regency," examines the legal implications and the broader impact of diploma forgery on society and education. The research highlights the importance of stringent legal measures to curb this malpractice and protect the integrity of academic credentials.
Implementation of restorative justice based on Aceh qanun number: 9 of 2008 on the settlement of the crime of persecution In Gampong Lam Rukam sub district Peukan bada Aceh Besar Regency M. Ryan citra Yudha; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): August 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.137

Abstract

Law enforcement encompasses three main elements: legal certainty, utility, and justice. Criminal law aims to realize justice in society by resolving criminal cases and protecting human rights. However, law enforcement processes often focus on punishing offenders without adequately addressing the victims' physical and psychological losses. The Indonesian Police implement strategic policies to achieve justice through restorative justice, as outlined in Police Regulation Number 6 of 2019 and Circular Letter Number SE/8/VII/2018. This approach aims to restore the victims' conditions to their original state or as close as possible. In Aceh, customary institutions are authorized to resolve community issues, supported by the Joint Decree between the Aceh Government, Aceh Police Chief, and Aceh Customary Council. Qanun Aceh Number 9 of 2008 also regulates the resolution of disputes through customary courts at the village and mukim levels. Customary judicial bodies in Aceh, such as Keuchik, Tuha Peut, Imeum Meunasah, ulama, and traditional leaders, function to resolve disputes peacefully. This study, titled "Implementation of Restorative Justice Based on Qanun Aceh Number 9 of 2008 in Resolving Assault Crimes in Gampong Lam Rukam, Peukan Bada District, Aceh Besar Regency," aims to review the legal basis for restorative justice for assault crimes in Indonesia and examine its implementation in Gampong Lam Rukam.
Crime Of Corruption Of Village Funds Committed By Geuchik Gampong Paya Lipah Bireuen Regency Aceh (ANALYSIS OF DECISION NUMBER: 44/PID.SUS-TPK/2021/PN.BNA) Nasril Rachmad; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): August 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.138

Abstract

Law enforcement must consider three main elements: legal certainty, utility, and justice. Criminal law aims to achieve justice in society by resolving criminal cases and protecting human rights. However, the process often ends with punishing the perpetrator without adequately addressing the victim's physical and psychological losses. The Indonesian Police have adopted strategic policies to implement restorative justice, as outlined in Police Regulation Number 6 of 2019 and Circular Letter Number SE/8/VII/2018. This approach aims to restore victims to their original state as much as possible, fulfilling their interests and sense of justice. In Aceh, customary institutions are empowered to resolve community issues within their jurisdiction, supported by a Joint Decree and Qanun Aceh Number 9 of 2008, which regulate the resolution of minor offenses through customary courts. These courts, led by local leaders such as Keuchik, Tuha Peut, and Imeum Meunasah, work to resolve disputes peacefully and maintain community harmony. This study, titled "Implementation of Restorative Justice Based on Qanun Aceh Number: 9 of 2008 in the Settlement of Persecution Crimes in Gampong Lam Rukam, Peukan Bada District, Aceh Besar Regency," aims to review the legal basis for restorative justice for persecution crimes in Indonesia and examine its implementation in Gampong Lam Rukam.
Juridical Analysis Of The Crime Of Sexual Violence Against Children Based On Law Number 12 Of 2022 Concerning The Crime Of Violence Sexual And Legal Number 35 Of 2014 Concerning Child Protection Risa Damayanti; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): August 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.139

Abstract

Sexual violence is a deviation in societal sexual practices, characterized by coercive and violent actions that contradict social norms. One common form is sexual harassment, involving unwelcome sexual advances that disturb victims. Sexual violence affects individuals of all ages, from children to the elderly, degrading human dignity and disrupting societal peace. It is a constitutional right for citizens to be protected from such violence, as guaranteed by the 1945 Constitution. The digital realm has seen a surge in sexual violence cases, with 2021 recording the highest number of gender-based cases. Komnas Perempuan's annual report highlights various forms of online sexual violence, including cyber harassment, malicious distribution, and sextortion. The definition of sexual violence extends beyond physical acts to include psychological abuse and humiliation. Law Number 12 of 2022 categorizes several forms of sexual violence, including non-physical harassment, abuse, forced contraception, and electronic-based violence. Additionally, acts like rape, forced prostitution, and child exploitation are also recognized. Indonesia has ratified international conventions to eliminate torture and discrimination. However, the current Criminal Procedure Law inadequately protects victims, focusing more on defendants' rights. Article 23 of Law Number 12 of 2022 restricts resolving sexual violence cases outside the judicial process, except for child perpetrators. This study is titled "Juridical Analysis of the Crime of Sexual Violence Against Children Based on Law Number 12 of 2022 concerning the Crime of Sexual Violence and Law Number 35 of 2014 concerning Child Protection."
Crime Of Selling Narcotics Class I (Analysis of Decision Number: 124/Pid.Sus/2022/PN Ksp) Purwoko; Yasmirah Mandasari Saragih
International Journal of Society and Law Vol. 2 No. 2 (2024): August 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.140

Abstract

Indonesia's strategic geographical location as an archipelagic country makes it a prime target for narcotics traffickers, serving both as a distribution point and a transit hub. The narcotics problem in Indonesia has worsened, now affecting not only teenagers from affluent backgrounds but also low-income and impoverished individuals. This widespread abuse spans all social strata and age groups. Profits from the lucrative drug trade drive traffickers to exploit various means, including new drugs, routes, technologies, and vulnerable individuals, such as children. An estimated 1.5% of Indonesia's population is involved in narcotics abuse, with minors being significantly affected. While narcotics have legitimate medical uses, public misconceptions and misuse have led to severe health impacts. Despite comprehensive monitoring and law enforcement efforts, including the Narcotics Law (Law Number 35 of 2009), narcotics crimes persist and even escalate. The law aims to enhance the role of the National Narcotics Agency (BNN) in tackling these crimes. However, recent cases, such as the prosecution of Fahrulsyah alias Keleng Bin Samsul Bahar for selling Class I narcotics, highlight ongoing challenges. This study, titled "Crime of Selling Class I Narcotics (Analysis of Decision Number: 124/Pid.Sus/2022/Pn Ksp)," examines the effectiveness of current legal frameworks in combating narcotics trafficking and abuse.
Co-Authors Amos Harita Andi Gultom Ansori Maulana Bonari Tua Silalahi Chairuni Nasution Fadillah Aditya Pratama Fauzan Fauzan Firman Halawa Ganda Permana Ketaren Heru Suhendro Ireny Natalia Putri Sihite Irma Fatmawati Ismaidar I, Ismaidar Jesslyn Elisandra Harefa Kasim M. Luqman Hakim Siregar M. Ryan citra Yudha Majidah Pohan Mhd. Sanip Heri Sinaga Mhd.Ihwanuddin Hasibuan Munawir Nasril Rachmad Purwoko Rahmayanti 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 Tamaulina Br Sembiring Utreck Ricardo Yasnil Akbar Nasution