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Yasmirah Mandasari Saragih
Universitas Pembangunan Panca Budi
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Illegal Mining Business in Pidie Aceh Regency (Analysis of Decision Number: 58/PID. B/LH/2022/PN. SGI) Sayyid Muhammad Charafi; 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.v2i2.141

Abstract

Indonesia, an archipelagic country with over 17,000 islands and vast natural resources, faces significant challenges in managing its mining sector. The expansive geographical area and abundant natural wealth present both opportunities and risks. While mining activities contribute to national income and economic growth, they also pose serious environmental and regulatory issues. Illegal mining, in particular, exacerbates these problems, leading to environmental degradation and loss of state revenue. Despite the implementation of stringent regulations, illegal mining persists, undermining legal mining operations and environmental sustainability. The case study of illegal mining in Pidie Regency, Aceh, highlights the challenges faced by local authorities in enforcing mining laws. The case of Satria bin Wagiran and Rizki Wahyudi, charged with illegal gold mining, underscores the enforcement difficulties and legal repercussions associated with unauthorized mining activities. This research explores the legal framework governing mining in Indonesia, the impact of illegal mining, and the effectiveness of current enforcement mechanisms. The analysis of Decision Number: 58/Pid.B/LH/2022/PN. SGI provides insights into the legal consequences for illegal mining and the need for improved regulatory measures to safeguard natural resources.
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): August 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.
Application of Sanctions for State Civil Apparatus Who Violate Personnel Discipline Case Study in Office Offices Education and Culture of Medan City Majidah Pohan; Yasmirah Mandasari Saragih; Tamaulina Br. Sembiring
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 1 (2025): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i1.72

Abstract

In order to achieve national goals, a State Civil Apparatus is required, this is regulated in Article 12 of Law no. 20 of 2023 states that: "ASN employees play the role of planners, implementers and supervisors of the implementation of general government tasks and national development through the implementation of professional policies and public services, free from political intervention, and free from practices of corruption, collusion and nepotism. Every ASN must have high abilities and qualities and be balanced with high work discipline. The level of employee discipline is seen from attendance which is calculated from coming and going home, dressing neatly, carrying out duties and obligations on time, and. not committing acts that violate the provisions of the Law. This research uses a type of empirical juridical research, namely research that is directly carried out by researching in the field and directly visiting the location that is the research material with the focus being field research research, we seek answers to the efforts of the Medan City Regional Civil Service Agency in implementing sanctions for State Civil Service Employees who violate the rules regarding work discipline. Research findings show that there are still state civil servants in the Medan City Education Office who commit disciplinary violations, including minor, moderate and serious violations. In its implementation, enforcement of sanctions against State Civil Apparatus in the Government Area of ​​the Medan City Education Service is carried out according to established rules. These regulations are stated in Law Number 5 of 2014 concerning State Civil Apparatus and Regulation of the Mayor of Medan, North Sumatra Province No. 58 of 2023. The mechanism includes that if there is a violation, the ASN will be summoned. The summons is intended to carry out an inspection process by the Examination Team. After the examination is carried out and the mistake is proven, the ASN concerned is sentenced to punishment as regulated in Article 7 paragraph (1) of the government regulation, consisting of three levels of disciplinary punishment, including light disciplinary punishment consisting of an oral warning , a written warning and a statement of dissatisfaction. in writing. The type of moderate disciplinary punishment consists of postponing periodic salary increases for one year, postponing promotions for one year, and demotion to a lower level for one year. Meanwhile, the types of severe disciplinary punishment consist of demotion to a lower level for three years, transfer in order to be demoted to a lower level, release from office, honorable dismissal not at one's own request as an ASN, and dishonorable dismissal as a State Civil Apparatus.
Characteristics of Law and Legal Research Methods Ansori Maulana; Yasmirah Mandasari Saragih; Tamaulina Br Sembiring; Amos Harita; Andi Gultom
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 1 (2025): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i1.76

Abstract

Law has a regulatory and coercive nature, which means that everyone must obey the existing orders and prohibitions to maintain order and justice in society. The main purpose of law is to create order and justice. The legal research method is a way used to study legal rules and their application. This research is usually conducted with a scientific approach, namely looking for relevant data to answer existing problems. One method used is qualitative research, where researchers examine existing legal literature or sources to understand legal concepts more deeply. In legal research, there are two main approaches: first, studying the legal texts themselves normative studies, and second, seeing how the law is applied in society empirical approaches. These two approaches help us understand the law from a theoretical and practical perspective.
LAW ENFORCEMENT REGARDING VIOLATIONS OF REGIONAL RESTAURANT TAXES IN LABUHANBATU UTARA DISTRICT IS REVIEWED FROM REGIONAL REGULATION NUMBER 9 OF 2011 CONCERNING RESTAURANT TAX Heru Suhendro; Yasmirah Mandasari Saragih; Ismaidar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1596

Abstract

Restaurant Tax is a tax on services provided by restaurants for a fee, which also includes restaurants, cafeterias, canteens, stalls, bars, and the like including catering/catering services, which are regulated in North Labuhanbatu Regency Regional Regulation Number 9 of 2011 concerning Local tax. This Empirical Legal Research focuses on how is law enforcement regarding restaurant tax violations in the North Labuhanbatu District in terms of Regional Regulation Number 9 of 2011? And what are the inhibiting factors in collecting restaurant tax in North Labuhanbatu Regency? The data source used is primary data, obtained from field research and documents, and supplemented with secondary data. The results of the research conducted show that law enforcement regarding restaurant tax violations in North Labuhanbatu Regency based on North Labuhanbatu Regency Regional Regulation Number 9 of 2011 concerning Regional Taxes is still very lacking, especially criminal law enforcement in accordance with the provisions contained in this regulation.
CRIMINAL RESPONSIBILITY AGAINST VILLAGE HEADS WHO COMMIT CRIMINAL ACTS OF VILLAGE FUND CORRUPTION Utreck Ricardo; Yasmirah Mandasari Saragih; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1599

Abstract

Corruption is a special criminal act. One form of equitable and just national development is development carried out not only in urban areas, but also in rural areas through the provision of Village Funds from state finances. However, the state's efforts, in this case the central government, to develop villages seem to be hampered by criminal acts of corruption committed by unscrupulous Village Heads. The problem formulation that will be the main topic of discussion is what are the legal procedures for managing Village Funds which originate from State Finance? What is the criminal responsibility for individual Village Heads who commit criminal acts of Village Fund corruption? This research is normative juridical research, namely research that refers to legal norms contained in Legislation, Court Decisions and legal norms that exist in society regarding what happens in reality in society which is related to the research material. In this research, it can be concluded that individual Village Heads who commit criminal acts of Village Fund corruption can be charged under Article 2 or Article 3 in conjunction with Article 18 Paragraph (1) letter b of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption Crimes. The author's advice to law enforcement officials, especially the justice profession, is to prioritize the principles of law enforcement in deciding cases and in giving punishment to corruptors in Indonesia.
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