Claim Missing Document
Check
Articles

Kajian Hukum Model Penyelesaian Kasus Melalui Hukum Pidana Adat Sebagai Upaya Penyelesaian Sengketa Di Luar Pengadilan Miduk Sinaga; Edi Warman; Triono Eddy
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.58 KB) | DOI: 10.34007/jehss.v5i3.1304

Abstract

This study aims to find out the legal arrangements for implementing customary law in Indonesia and the process of resolving criminal cases through customary criminal law as an effort to settle disputes outside the court. This study uses normative legal research specifications, using qualitative data analysis with a doctrinal legal approach, collecting data by means of literature studies and interviews. The results of the research show that the application of adat has received recognition from several instruments, including Article 18 B paragraph (2) of the 1945 Constitution, Article 5 paragraph (3) of the Emergency Law of the Republic of Indonesia Number 1 of 1951 and Article 15 paragraph (2) of the International Covenant on Civil and Political Rights (ICCPR). Circular of the Chief of Police Number: SE/8/VII/2018, Director General of Legal Entities for the General Court of the Republic of Indonesia No: 1691/DJU/SK/PS.00/12/2020 and Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020 which regulates that certain crimes can be resolved through a Restorative Justice mechanism. The Process of Settlement of the beating/fighting that occurred around 2001 in Sosordolok Village, Kec. Daily, Kab. Samosir, a young man A (perpetrator) beat youth B (victim), the problem was that the mediator was Raja Bius), Mr. Monang Sinaga as a trusted party as an intermediary or mediator. The process of resolving the case was carried out at the Sosordolok village hall ending in peace, then a kind of "Mangindahani" was carried out, meaning "giving food" and paying medical expenses to the victim.
Peran Polri Dalam Menanggulangi Tindak Pidana Penghinaan Dan/Atau Pencemaran Nama Baik Melalui Media Elektronik (Studi di Polda Sumatera Utara) Mhd Raja Lubis; Triono Eddy; Alpi Sahari
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1010.393 KB) | DOI: 10.34007/jehss.v5i2.1183

Abstract

The role of the National Police in tackling criminal acts of humiliation and/or defamation through electronic media is in accordance with the normative role that is in accordance with Police Law Number 2 of 2002. Technological advances show a correlation of increasing crime rates, especially in the field of cyber crime.    The    data    collection    techniques    used    are    interviews    and    literature    study,    the    type    of    data    used    in    this    study    is    primary    data    consisting    of    laws    and    secondary    data    consisting    of    various    kinds    of    reading    materials    related    to    research    titles    such    as    books    on    cyber    crimes.    crime,    articles,    journals    and    literature.  Based on legal research, it can be concluded as follows:  Criminal policies in cyber crimes according to the context of Indonesian criminal law have been regulated in Article 27 Paragraph (3) Junto Article 45 Paragraph (3) Law no. 8 of 2011 as amended by law no. 19 of 2016 concerning Information and Electronic Transactions specifically for perpetrators of criminal acts of humiliation and or defamation through social media. The role of the National Police in tackling criminal acts of humiliation and/or defamation through electronic media, especially in the North Sumatra Regional Police, has been in accordance with its normative role, namely in accordance with Police Law Number 2 of 2002.
Ecological Crisis and Human Security: A Legal Analysis of the Exploitation of the Sei Ular River Eddy, Triono; Agustina, Agustina; Purnomo, Sagita
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44891

Abstract

River empowerment for tourism and sustainable agriculture has a positive impact on environmental sustainability and community welfare. However, these positive benefits have not been fully felt by the community in Sei Ular River, North Sumatra. Increasingly rampant illegal mining activities have deprived the community of their social rights, especially for a good and healthy environment. Government policies and existing legal instruments have not been optimal in solving the problem due to inconsistencies in law enforcement, lack of coordination between authorities, and low public awareness to protect river ecosystems. The research conducted is normative juridical, namely analyzing written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to retrieve data systematically, factually, and accurately on a problem based on applicable laws and legal norms. The results of this study indicate that regulations and legal protection for the community due to illegal mining in Sei Ular River have been regulated starting from laws, government regulations, to regional regulations, but these legal instruments have not been effective enough in protecting the community from the impact of illegal mining activities, as a result, there have been violations of fundamental rights that affect community welfare. Empowerment of the Sei Ular River for tourism and sustainable agriculture and its concrete benefits, namely, involving the community in the management of tourist destinations in the river area, building dams and irrigation channels for farmers, socialization, strict action (sanctions) against illegal mining actors, actively collaborating with various parties in conducting surveillance to protect the Sei Ular River ecosystem. In addition, the government also requires illegal mining actors who pollute the Sei Ular River to compensate affected communities and restore the environmental damage caused.
Data theft and the law on protection of personal data: A thematic analysis Asmadi, Erwin; Mansar, Adi; Eddy, Triono; Dewata, Mukti Fajar Nur; Wajdi, Farid; Ghapa, Norhasliza binti
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.27661

Abstract

Introduction to the Problem: Data theft and leakage have severe consequences and can harm individuals, organizations, and society. Such problems also frequently occur in Indonesia massively. Purpose/Study Objectives: This study aims to analyze the efficacy of legal measures, particularly Law Number 27 of 2022, in addressing these issues and explores challenges hindering effective enforcement. Design/Methodology/Approach: This study employs a qualitative approach, specifically thematic analysis, to examine the legal landscape of personal data protection in Indonesia, utilizing Law Number 27 of 2022 as the primary document for analysis. The data was then transferred to Nvivo 12 Plus for coding, classification, and coding based on units of analysis, including theme identification and text search to find words, phrases, or text patterns. Findings: The study reveals that substantial steps, including the enactment of the Personal Data Protection law, have been taken to address data theft in Indonesia. The law establishes criminal consequences, encompassing imprisonment, fines, restitution, or a combination thereof. However, despite these measures, challenges persist, including limited law enforcement capacity, insufficient awareness of data protection, constrained inter-agency cooperation, and the swift pace of technological advancements. Furthermore, issues such as limited digital evidence, sluggish legal processes, low reporting rates, ineffective penalties, and difficulties in enforcing laws in cyberspace compound the challenges faced by law enforcement in Indonesia. Paper Type: Research Article
The Urgency of Regulating Elements of Community Participation In The Toll Road Investment Process In Indonesia Simon, Simon; Eddy, Triono; Ramlan, Ramlan
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.44622

Abstract

The development of toll road infrastructure in Indonesia represents one of the national government's strategic priorities to accelerate economic growth, improve connectivity, and enhance regional mobility. Nevertheless, the success of toll road investment projects cannot be measured solely from government policies or investor commitments, but also relies heavily on the involvement and active participation of the community as key stakeholders. Community participation plays a vital role in ensuring the transparency, accountability, legitimacy, and sustainability of toll road projects, particularly considering their significant social, economic, and environmental impacts. This study aims to examine the necessity of regulating community participation elements in the toll road investment process in Indonesia. The research employs a normative juridical method, combining a statutory and case approach, with a focus on legal provisions, policy frameworks, and practical experiences. The findings indicate that the current regulatory framework governing public participation remains fragmented, sectoral, and insufficient in guaranteeing inclusivity and fairness. Therefore, more precise, comprehensive, and enforceable regulations are urgently needed to strengthen public involvement mechanisms. These should include structured consultation forums, open and timely access to information, as well as adequate protection of rights and compensation for affected communities. By institutionalizing such participatory mechanisms, toll road investments can be developed within an inclusive legal framework that not only ensures justice for communities but also fosters investor confidence and project sustainability. Ultimately, embedding community participation in toll road investment regulations will contribute to the long-term success of infrastructure development and support Indonesia’s vision of equitable, sustainable, and participatory economic growth.
THE EVIDENTIARY VALUE OF VISUM ET REPERTUM IN RAPE CASES AND ITS RELATION TO THE LEGALITY OF ABORTION Azaria, Elvina; Azaria, Elvina; Eddy, Triono; Moertiono, Juli
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.v14i2.26171

Abstract

Rape is a serious crime that causes physical harm and deep psychological trauma to the victim. One of the main challenges in law enforcement is proof, as it often occurs without witnesses. This study aims to analyze the legal evidence of Visum et Repertum (VeR), its relation to the legality of abortion for victims, and the legal protection for doctors performing conditional abortion in Indonesia. Using a normative juridical method, the study finds that VeR is crucial as scientific evidence and an administrative requirement for conditional abortion, while also protecting victims’ rights. Practical challenges include limited forensic personnel, examination costs, social stigma, and insufficient legal protection for medical practitioners. Legal uncertainties create doubts in implementing conditional abortion. The study emphasizes improving VeR quality, raising awareness of victims’ rights, and strengthening legal protection for doctors to ensure justice and legal certainty.
LEGAL DISCOVERY REGARDING AGE LIMIT REQUIREMENTS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES IN GENERAL ELECTIONS (A Study of Decision Number 90/PUU-XXI/2023) Siregar, Salman; Eddy, Triono; Koto, Ismail
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.v14i2.26198

Abstract

This study examines the legal aspects of the Constitutional Court (MK) Decision No. 90/PUU-XXI/2023, focusing on legal discovery, the age limit for presidential and vice-presidential candidates, and the legal consequences of the ruling. The research employs a normative juridical approach with a descriptive-analytical method, using statutory and case approaches and secondary data sources, including primary, secondary, and tertiary legal materials. The findings indicate that the MK ruling introduces new norms, positioning the Court as a positive legislature, with a ne ultra petita decision consistent with judicial authority principles. The minimum age limit of 40 years for candidates remains reasonable compared to global leadership trends (20–50 years). The principles of intergenerational and equality justice, as mandated by Pancasila’s fifth principle, have been implemented since the 2024 election by allowing experienced young public officials to participate. The MK decision is final and binding, and must be accommodated by Parliament in forming or amending legislation, reaffirming the MK’s role as the guardian and ultimate interpreter of the constitution
Legal Liability of Electronic Money Corruption as a Crime of Origin of Money Laundering Crime Ritonga, Arifin Said; Triono Eddy; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6718

Abstract

Money is a very crucial aspect of human life. Changes in the way we use money are evolving rapidly, along with advances in technology and information. Both notes and coins have transformed into electronic money. The law, specifically Article 17 to Article 22 of the ITE Law, regulates electronic transactions, also known as e-commerce buying and selling contracts. Article 17 paragraph (2) of the ITE Law states that parties conducting electronic transactions as mentioned in paragraph (1) must act in good faith when interacting and/or exchanging electronic documents and electronic information during such transactions. Article 18 paragraph (2) states that the party conducting electronic transactions as mentioned in paragraph (1) This research is a normative legal research, namely a legal study that positions law as a structured system of norms. The type of normative legal research is law that is formulated based on norms or rules that apply in society and become a guideline for the behavior of each individual. Money laundering in general can be defined as an act or actions that transfer, use or perform other actions or the proceeds of a criminal act that is often carried out by crime organizations or individuals who commit acts of corruption, narcotics trafficking, and other criminal acts. The goal is to hide or obscure the origin of the illicit money so that it can be used as if it were legitimate money.
Co-Authors Abd. Rahim Adha, Mhd. Hendara Adi Mansar Afdal Junaidi Agustami Lubis Agustina Agustina Agustina AHMAD YASIR LUBIS Akalafikta Jaya Alfi Sahari Ario Putranto Aris Wibowo Asrul Taufik Harahap Aulia Rosa Nasution Azaria, Elvina Azaria, Elvina Berlin Sinaga Dewata, Mukti Fajar Nur Didik Miroharjo Edi Warman Edi Warman Ediwarman Ediwarman Erwin Asmadi Erwin Wijaya Siahaan Farid Wajdi Farid Wajdi Fathin Abdullah Fauzi, Ahmad Foni Mega Wahyuni Galuh Nawang Kencana Ghapa, Norhasliza binti Ghofur Hidayat Girsang, Cosman Oktaniel Heni Pujiastuti Herikson P. Siahaan Hery Widijanto Hubertus Manao IBRAHIM, NURIJAH Ida Nadhirah Ida Nadirah Johanes M. Aritonang Khairur Rahman Nasution Khamozaro Waruwu Koto, Ismail Lilawati Ginting Limbong, Dayat M. Arief Kurniawan M. Rizqi Darmawan Mahmud Mulyadi Manao, Hubertus Marlina, Dr Marlina, Marlina Mhd Raja Lubis Miduk Sinaga Moertiono, Juli Muhammad Adli, Muhammad Mukhtar I Kadoli Mustafa Nasution Nurijah Ibrahim P. A. JUANDA PANJAITAN Pamilu Hamonangan Panjaitan, Dian Affandi Parningotan, Richard Nayer Pronika Julianti Manihuruk Purnomo, Sagita Purwoko, Agus Putri Raudhatul Zannah Ramlan Ramlan Ramlan, H. Reni Astuti Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rinda Adida Sihotang Ritonga, Arifin Said Sabrudin, Wahyu Sabrudin Sahari, Alpi Sariani Silalahi, Hotmaria Sastro, Heru Prabowo Adi Sianturi, Senior Sihotang, Tumpak Mangasi Silalahi, Andre Simanjuntak, Adelina Pratiwi Simon Simon Siregar, Salman Siti Holija Harahap Surya Perdana Surya Wahyu Danil Juni Harsya Dalimunthe Tengku Erwinsyahbana Tito Alhafezt Togi P. O Verdinan Verdinan Yazir, Isti Risa Sunia Yemi Mandagi Yusuf Hondawantri Naibaho