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All Journal JURNAL MUQODDIMAH : Jurnal Ilmu Sosial, Politik dan Hummaniora Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Health, Economics, and Social Sciences (IJHESS) PAMALI: Pattimura Magister Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Research in Social Science and Humanities Jurnal Hukum Sehasen Journal Evidence Of Law Dewantara: Jurnal Pendidikan Sosial Humaniora JUDGE: Jurnal Hukum TOFEDU: The Future of Education Journal Indonesian Journal of Multidisciplinary Sciences Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of Innovative and Creativity Social Sciences Journal JURNAL KELUARGA SEHAT SEJAHTERA International Journal of Society and Law
Abdul Rahman Maulana Siregar
Universitas Pembangunan Panca Budi
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Nursing Public Health Social Sciences Other

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MINING MANAGEMENT LICENSING: OPPORTUNITIES AND CHALLENGES FOR INDIGENOUS COMMUNITIES Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1568

Abstract

According to Presidential Regulation of the Republic of Indonesia Number 70 of 2023 concerning Allocation of Land for Investment, mining business permits may be granted to community organizations, as explained in Article 2 paragraph 1 letter f, Article 4 paragraph (5) letter c, Article 9, and Article 12 paragraph (1). This regulation also opens up the possibility of land allocation for various types of business entities, from small to large scale. However, one thing that is not yet clear is how indigenous communities can be more involved in mining management. That when talking about mining management permits for communities, the importance of accommodating indigenous communities is not only limited to the organizational level. Management of mineral and coal resources should contribute significantly to the economy and welfare of indigenous communities. Clear regulations are needed regarding the recognition and protection of the rights of indigenous communities as well as increasing the capacity of indigenous communities in the mining sector. This can be implemented through collaboration with BUMN in the mining sector as the aim is not only to focus on profit but also on community welfare as an agent of development.
JURIDICAL STUDY OF THE IMPLEMENTATION OF ADMINISTRATIVE MEASURES TO RESOLVE STATE ADMINISTRATIVE DISPUTES Bambang Harianto; Abdul Rahman Maulana Siregar; Fauzan
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.v4i3.1595

Abstract

The implementation of the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number: 6 of 2018, dated 4 December 2018 concerning Guidelines for Settlement of Government Administrative Disputes after taking administrative measures, which is a further regulation of the provisions in Articles 75, 76 and Article 77 of Law Number 30 of the Year 2014 concerning Government Administration, bringing changes to the State Administrative Justice system in Indonesia, namely related to Administrative Efforts. This then gives rise to several problems, namely first, whether administrative measures are an obligation that must be taken first before filing a state administrative dispute lawsuit with the State Administrative Court (PTUN); secondly, what is the procedure for making objections to State Civil Service (ASN) employment disputes? The aim of this research is to analyze and describe the application of administrative efforts to state administration disputes. Normative juridical research methods are used to answer this problem. The results of the research show that administrative efforts must be carried out as legal protection for the people in State Administration disputes, and the legal procedure is to carry out objection efforts in ASN disputes as regulated in Article 129 of Law Number 5 of 2014 concerning State Civil Apparatus, and the Judge will reject the party If the plaintiff has not taken the available administrative measures.
Implementation of Restorative Justice Towards the Criminal Act Aggravated Theft in The East Medan Sector Police Sagita Ifani Emri; Abdul Rahman Maulana Siregar; Rahmayanti Rahmayanti
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1813

Abstract

This study analyzes the application of restorative justice to aggravated theft crimes at the East Medan Police Sector between January 2022 and June 2025. The approach used is a normative-empirical study with a juridical-sociological framework. The normative aspect examines Article 363 of the Criminal Code, Law Number 2 of 2002, Police Regulation Number 8 of 2021, Attorney General Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. The empirical aspect captures practices at the East Medan Police Sector through case data, interviews with investigators, victims, and perpetrators, as well as administrative documentation. The caseload under Article 363 has been relatively stable at 28 to 46 reports per quarter, with motorcycle theft accounting for 57 to 64 percent. Restorative justice facilitation is selectively implemented in 4 to 8 cases per quarter, with a success rate of 60 to 75 percent, and a resolution time of 18 to 21 days, faster than the typical 40-day transfer of files. Key criteria include voluntary consent from the parties, non-recidivists, restitution of losses, and a lack of public unrest. Cases involving violence, serious threats, or those that disrupt public security are not transferred to restorative justice and remain in litigation. Findings indicate that this restorative justice mechanism is effective for certain cases, consistent with the principle of ultimum remedium, reduces the burden of the judicial process, and increases party satisfaction. However, obstacles arise from differing perceptions among law enforcement officials, concerns about the deterrent effect, and inconsistent post-mediation monitoring. The study recommends strengthening SOPs based on eligibility indicators, mediation training for investigators, formal coordination with prosecutors and courts, involvement of community leaders, and post-settlement monitoring by Bhabinkamtibmas to prevent recurrence and maintain accountability.
Application of the Principle of Propotionality in Sentencing for Criminal Acts of Assault Ahbym Faizan; Abdul Rahman Maulana Siregar; Rahmayanti Rahmayanti
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1817

Abstract

The principle of proportionality is an important principle in criminal law that serves to ensure a balance between the severity of the crime and the punishment imposed. In crimes of assault in Indonesia, the application of the principle of proportionality is crucial because variations in the form of assault often lead to differences in the level of culpability of the perpetrator and the impact on the victim. This study aims to analyze the application of the principle of proportionality in criminal justice practice, particularly in relation to judges' decisions in assault cases. The method used is a normative juridical approach by examining the provisions of the Criminal Code (KUHP), legal doctrine, and relevant court decisions. The results of the analysis indicate that the application of the principle of proportionality still faces several obstacles, such as disparities in decisions, judges' subjectivity in assessing mitigating and aggravating circumstances, and limited binding sentencing guidelines. Nevertheless, the principle of proportionality remains an important foundation in realizing substantive justice, by considering aspects of victim rights protection, crime prevention, and social reintegration for perpetrators. In conclusion, the application of the principle of proportionality in criminal acts of assault in Indonesia requires consistent application by judges, clearer sentencing guidelines, and strengthening the role of progressive law to achieve a balance between individual and societal interests.
The Application of Law Towards The Right to Health Services for Community Inmates (Study of Class II A Binjai Prison) Andi Gultom; Abdul Rahman Maulana Siregar; Suci Ramadani
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.2075

Abstract

Correctional inmates are members of society who, unable to adapt to life in other communities, commit violations that require isolation and serve their sentences. During this process, they will be placed in a correctional institution (LAPAS). Law No. 22 of 2022 concerning Corrections regulates the right to health services for all inmates. This is a crucial factor for inmates in facilitating all correctional activities in the prison. The research was conducted in Binjai City, specifically at the Class II A Binjai Correctional Institution (Lapas) Office. This study used an empirical juridical approach. Data obtained in the field were presented descriptively using an empirical normative approach.This study aimed to determine the provision of health services to inmates at the Class II A Binjai Prison and the obstacles faced in providing these services to inmates at the Class II A Binjai Prison. Based on the author's research findings, the health services provided are in accordance with applicable laws and regulations. However, overcapacity has resulted in suboptimal services. Obstacles faced in providing health services to inmates come from within the inmates themselves, due to the large number of inmates not yet registered as BPJS Kesehatan holders, a lack of awareness of administrative regulations, and overcapacity, which results in suboptimal health services
Criminal Law Politics on The Granting of Reintegration Rights to Community Inmates (Study at Class II A Binjai Prison) Sudarno Hariadi Nasution; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.2076

Abstract

Indonesia's national legal policy is based on the state's vision, as formulated in the Preamble to the 1945 Constitution of the Republic of Indonesia, namely to protect the entire nation, advance public welfare, and enhance the nation's intellectual life, as well as to contribute to maintaining world order to achieve social justice.This research was conducted in Binjai City, specifically at the Class II A Binjai Penitentiary Office. This research employed an empirical juridical approach. Data obtained in the field were presented descriptively using an empirical normative approach.This research aimed to determine the criminal law policy regarding the granting of reintegration rights to inmates at the Class II A Binjai Penitentiary and the obstacles encountered in granting reintegration rights to inmates at the Class II A Binjai Penitentiary. Based on the research findings, the author found that the implementation of the rules and policies granting reintegration rights to inmates is based on Law No. 12 of 1995, which has been amended by Law No. 22 of 2022 concerning Corrections. The obstacles faced in granting reintegration rights come from the correctional inmates themselves due to a lack of concern for the administrative rules and conditions stipulated for granting reintegration rights to correctional inmates.
Analysis of a Court Ruling on Criminal Sanctions for a Minor Perpetrator of Rape (Study of Court Ruling No. 70/Pid. Sus-Anak/2024/PN Medan) Cindi Patricia Surbakti; Abdul Rahman Maulana Siregar; Aulia Rahman Hakim Hasibuan
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2234

Abstract

This study discusses legal considerations regarding criminal sanctions and work training for children as perpetrators of sexual intercourse crimes, focusing on Medan District Court Decision Number 70/pid.sus Anak/2024/PN Medan as the source case. This is done to ensure that children in conflict with the law continue to receive supportive care for future guidance and rehabilitation. Conversely, children can also be criminalized. Therefore, the issues discussed include the legal basis governing the criminal responsibility of children towards children and the considerations taken by judges when they make decisions after being found guilty by a judge in accordance with Article 81 Paragraph (2) Article 76d of the Child Criminal Justice System Law (SPPA Law). This study uses a normative juridical method with a case study approach, examining materials from secondary and tertiary law, literature reviews, and descriptive analysis. This study also focuses on providing recovery to victims to achieve a more balanced justice in the Juvenile Criminal Justice System in Indonesia. The results of the study show that the judge's considerations include legal aspects such as (UU SPPA). However, the considerations in the verdict are inaccurate because they do not pay enough attention to the future of the victims..
Legal Analysis of The Implementation of Restorative Justice in Domestic Violence Cases Nora Elida Manurung; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2240

Abstract

This study aims to analyze the implementation of restorative justice in domestic violence (DV) cases from a positive legal perspective. The approach used is normative juridical, examining legislation, doctrine, and cases. Restorative justice, as an alternative to resolving criminal cases, emphasizes restoring relationships between perpetrators, victims, and the community without neglecting substantive justice. In cases of domestic violence, its implementation faces a dilemma between social recovery and protecting the rights of victims, particularly women and children. The analysis shows that the implementation of restorative justice in DV cases can only be carried out with caution, while still observing the principle of non-discrimination and the victim's right to a sense of security. The effectiveness of restorative justice in DV cases depends heavily on oversight of its implementation.
Criminal Responsibility of Children Who Are Bullying That Results in Serious Injury Utari Debora; Abdul Rahman Maulana Siregar; Rahmayanti Rahmayanti
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2242

Abstract

Criminal liability for children who perpetrate bullying resulting in serious injury is an increasingly prominent issue with the rise in cases of violence between children. The focus of this research is on Indonesian legal regulations, the application of criminal sanctions, and the age limit for criminal liability under the Juvenile Criminal Justice System Law. This research uses a normative juridical method by examining laws and regulations, literature, and related cases. The findings in this discussion indicate that bullying resulting in serious injury can be classified as a crime with criminal consequences or actions, but its implementation must still consider the principle of the child's best interests. Diversion can only be implemented if the crime is not categorized as serious, so in cases of serious injury, diversion opportunities are limited. This research emphasizes the importance of a proportional and recovery-oriented approach for both perpetrators and victims to ensure the achievement of the goals of child development and protection in the criminal justice process.
Diskrepansi Putusan Pengadilan dalam Kasus Tindak Pidana Narkotika: Analisis dengan Pendekatan Teori Keadilan Eri Siswanto; Abdul Rahman Maulana Siregar; Mhd. Azhali Siregar
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.2396

Abstract

Diskrepansi putusan pengadilan dalam kasus tindak pidana narkotika dengan menggunakan pendekatan teori keadilan berdasarkan adanya fenomena perbedaan putusan terhadap perkara dengan karakteristik serupa menimbulkan persoalan terkait konsistensi penerapan hukum dan rasa keadilan bagi para pihak. Secara normatif, tindak pidana narkotika telah diatur dalam Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika, yang mengatur ancaman pidana berat baik bagi pengguna maupun pengedar. Namun dalam praktik peradilan, sering muncul disparitas vonis yang mencerminkan adanya perbedaan penafsiran hukum maupun pertimbangan hakim. Berdasarkan teori keadilan, perbedaan tersebut perlu dianalisis apakah masih dapat dibenarkan demi mewujudkan keadilan substantif atau justru menimbulkan ketidakpastian hukum. Penelitian ini bertujuan untuk mengidentifikasi penyebab diskrepansi putusan serta menilai sejauh mana putusan tersebut konsisten dengan prinsip keadilan hukum. Dengan pendekatan yuridis-normatif, penelitian ini diharapkan memberikan kontribusi dalam memperkuat integritas peradilan dan mendorong penerapan hukum narkotika yang lebih adil, proporsional dan sejalan dengan nilai-nilai keadilan yang hidup di masyarakat
Co-Authors Abdi Ridho Ahbym Faizan Alberto Paskah Tarigan Alfonso Pahala Manihuruk Andi Gultom Andronius Basado Siahaan Angga Sahputra Sirait Ari Antonius Sibarani Aswindari Harahap Aulia Rahman Hakim Hasibuan Bambang Agus Pariyono Bambang Harianto Bima Lumbanbatu Briski Viktor Sinaga Cindi Patricia Surbakti Clara Hotmaida Siregar Derta Simbolon Dio Dera Darmawan Doni Sabda Tanjung Eddy Eddy Eri Siswanto Erlina Damanik Erwin Juliandi Sipakkar Etty Uyun Farlin Subeki Fauzan Fitra Mamanda Tarigan Freddi Agus Hutapea Haris Habibi Haykal Ramadhan Adrianto Hempi Wanty Saragih Henry Aspan Imam Saputra Ireny Natalia Putri Sihite Ismaidar Ismaidar Ismaidar I, Ismaidar Ismaidar Ismaidar Ismaidar Ismaidar Ismaidar Ismaidar Ismaidar Ismaidar Jhoni Muda Pratama Barus Kaaisar Romolus Deo Sianipar Kevin Maisyan Rizaldi Mendrofa Khairuddin Siregar Leonard Martinus Bosko Sinaga Medi Islamta Sembiring Meutia, Cut Yeni Mhd. Azhali Siregar Muhammad Arif Sahlepi Muhammad Reza Triangga Triangga Musannif Nadia Novitri Hasibuan Nora Elida Manurung Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Redyanto Sidi Rico Nur Ilham Rifqi Fairuz Ula Rio Aginta Ginting Riza Firdaus Rohasiholan Doloksaribu Sagita Ifani Emri Sagita Purnomo Sakramen Sembiring Sardi Sidi, Redyanto Sonya Evalin Br. Silalahi Sri Devi Zebua Suci Ramadani Suci Ramadani Suci Ramadani Sudarno Hariadi Nasution Sumarno Sumarno Sumarno Syahranuddin Utari Debora Yoshep Ferdinand Sitompul Zulfahmi Harahap