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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Humanities Education and Social Sciences Journal of Innovation Research and Knowledge International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Dinamika Hukum Dan Masyarakat Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Journal of International Islamic Law, Human Right and Public Policy Jurnal Multidisiplin Indonesia International Journal Of Synergi In Law, Criminal And Justice Jurnal Ilmiah Multidisiplin International Journal of Society and Law Green Social: International Journal of Law and Civil Affairs Prosiding Seminar Nasional Ilmu Hukum International Journal of Social Welfare and Family Law JURNAL TEKNOLOGI, KESEHATAN DAN ILMU SOSIAL
Tamaulina Br. Sembiring
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DYNAMICS AND LEGAL POLITICAL CHALLENGES OF SIMULTANEOUS REGIONAL ELECTIONS IN INDONESIA TOWARDS EFFICIENCY AND STABILITY Denny Prabowo; ismaidar, Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.65

Abstract

Regional head elections (Pilkada) in Indonesia have undergone significant changes over time, from the appointment model to direct and simultaneous elections. These changes aim to create a more inclusive, efficient, and stable democratic system. However, simultaneous Pilkada faces various challenges, such as high political costs, inconsistencies in the schedule for regional head elections with the election of DPRD members, and mechanisms for filling regional head positions during the transition period that lack transparency. This study uses normative methods with a legislative and conceptual approach to analyze key regulations, including Law Number 32 of 2004, Law Number 1 of 2015, and Constitutional Court Decision Number 55/PUU-XVII/2019. The results of the study show that direct regional elections provide greater space for public participation, but the high political costs raise the risk of corruption, collusion, and nepotism. On the other hand, regional head elections through the DPRD have the potential to reduce political costs, but are vulnerable to internal politicization. Therefore, reform of simultaneous regional election regulations is needed to align local and national election schedules, strengthen the mechanism for filling regional head positions, and control political costs. In addition, an evaluation of the direct election model by considering the return of regional head elections through the DPRD is one option that is worth studying to create a more efficient and accountable democratic system. The study’s recommendations include strengthening independent oversight, stricter regulation of campaign funding, and comprehensive political education for the public. With the right reforms, simultaneous regional elections can be an effective instrument in supporting local democracy and better local governance in Indonesia.
TRANSFORMATION OF RESTORATIVE JUSTICE IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM TOWARDS A JUST AND REHABILITATIVE LEGAL APPROACH Tengku Muhammad Reza Fikri Dharmawan; Ismaidar, Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.74

Abstract

Restorative Justice (RJ) offers a new paradigm in the Indonesian criminal justice system that focuses on restoration, reconciliation, and rehabilitation rather than just punishment. Although various regulations such as Attorney General Regulation Number 15 of 2020, Circular Letter of the Chief of Police Number SE/8/VII/2018, and PERMA Number 2 of 2012 have supported the implementation of RJ, this approach still faces various challenges. Inconsistent regulations and minimal capacity of law enforcement officers are the main obstacles in the effective implementation of RJ principles. This lack of integration of regulations creates legal uncertainty, while the lack of training and technical guidance hinders officers from managing conflicts fairly and inclusively. This study analyzes the importance of RJ transformation through the establishment of an independent Restorative Justice Law. This law is expected to unify various sectoral regulations, expand the scope of RJ implementation, increase accountability, and equip officers with adequate capabilities to implement RJ consistently. With a clear legal basis, the Indonesian criminal justice system can move towards a more just and rehabilitative approach, in accordance with the values ​​of Pancasila. The research results recommend the establishment of an integrated legal framework, intensive training for law enforcement officers, and public education to improve public understanding of RJ. Thus, RJ can be an effective transformation tool in realizing a humanistic and sustainable criminal law system.
TRANSFORMATION OF LEGAL POLITICS IN INDONESIA FROM LIBERAL DEMOCRACY TO PANCASILA DEMOCRACY Christianto , Christianto; Ismaidar , Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.75

Abstract

The transformation of legal politics from liberal democracy to Pancasila democracy is an important phenomenon in the history of the legal journey in Indonesia. This change reflects the nation's efforts to create a political and legal system that is in accordance with the personality, culture, and values ​​of Pancasila as the state ideology. During the liberal democracy era, law was oriented towards protecting individual rights and the supremacy of law with a legalistic approach. However, this system faced various obstacles, such as political instability, ideological polarization, and weak consistency in law enforcement. Through the Presidential Decree of July 5, 1959, Indonesia began the transition to Pancasila democracy, which emphasizes the values ​​of deliberation, mutual cooperation, and social justice. This transformation has major implications for legal politics, including a change in legal orientation from individualistic to collective and contextual. However, the implementation of Pancasila democracy is not free from challenges, such as the politicization of law, social inequality, and weak legal culture. This study uses normative methods with a legislative and historical approach to analyze changes in the legal system as well as challenges and opportunities in the implementation of Pancasila democracy today. The results of the study show that, although there are obstacles in the implementation of Pancasila principles, the reform era offers great opportunities to strengthen the legal system through the integration of Pancasila values ​​in legislation, strengthening legal institutions, and digitalizing legal processes. With the right strategy, the values ​​of Pancasila democracy can be integrated more effectively into national legal politics, creating an inclusive, just, and sustainable legal system. This research is expected to contribute to the development of legal political theory and become a reference in efforts to strengthen Pancasila democracy as a legal basis in Indonesia.
Legal Review Of Children Who Commit Traffic Violations Eddy; Yasmira Mandasari Saragih; Tamaulina Br. Sembiring; Eri Siswanto
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Traffic violations involving children are increasingly found in everyday life. Children, who in this case are categorized as a person under the age of 18, are often involved in various forms of traffic violations, such as driving a motor vehicle without a driver's license, violating traffic signs, riding and driving at dangerous speeds. This phenomenon raises concerns, especially due to the high risk of accidents and the potential for casualties. In this paper, we will discuss criminal liability for children who commit traffic violations and legal sanctions for children who commit traffic violations. The method applied in this study is the normative juridical method, a deductive approach that uses theory as a starting point to answer research questions. This study will analyze articles in laws and regulations related to legal studies of children who commit traffic violations. Legal sanctions against children who commit traffic violations can be in the form of criminal or non-penal actions. Criminal sanctions are more educational in nature such as warnings, supervision, and coaching in special institutions. Meanwhile, non-penal actions such as guidance or counseling are prioritized so that children can understand mistakes and correct their behavior. The system aims to ensure that children are given the opportunity to change. The application of sanctions against children who commit traffic violations must pay attention to the balance between law enforcement, the best interests of the child, and prevention goals. Despite violations, an approach based on the protection of children's rights remains the basis for coaching efforts.
DIGITALISASI LAYANAN PUBLIK DAN TANTANGAN NYA DALAM PERSPEKTIF HUKUM ADMINISTRASI NEGARA Tamaulina Br. Sembiring; Jeni Alfikri Ginting; Luthfia Azahra; Muhammad Fadli; Fahmi Fahrurozi; Muhammad Fachrur Rozi
Journal of Innovation Research and Knowledge Vol. 5 No. 2: Juli 2025
Publisher : Bajang Institute

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Abstract

Digitalisasi layanan publik merupakan salah satu bentuk transformasi yang tidak dapat dielakkan dalam tata kelola pemerintahan modern. Perkembangan teknologi informasi dan komunikasi telah mengubah cara negara dalam menjalankan fungsi pelayanannya kepada publik. Melalui digitalisasi, pemerintah berupaya meningkatkan efisiensi birokrasi, mempercepat akses pelayanan, memperkuat transparansi, serta menciptakan pelayanan public yang lebih responsif dan adaptif terhadap kebutuhan masyarakat. Namun demikian, pelaksanaan digitalisasi ini juga membawa konsekuensi hukum yang kompleks, terutama dalam kerangka hukum administrasi negara yang secara tradisional dibangun atas dasar hubungan langsung antara pejabat publik dan warga negara dalam proses administrasi. Artikel ini bertujuan untuk membahas bagaimana hukum administrasi negara mengatur dan menyikapi dinamika digitalisasi pelayanan publik, serta mengidentifikasi kendala hukum yang muncul seiring dengan perubahan sistem pelayanan dari konvensional menjadi digital.
IMPLEMENTASI KONSTITUSI TERHADAP PERLINDUNGAN HAK ASASI MANUSIA DALAM PRESPEKTIF HUKUM TATA NEGARA Harry Gusti Atmaja; Iftitah Rizkya Cahyani; Lutfiah Ananda Nasution; Pema Suryanta Bintang; Suntya Indah Lestari; Tamaulina Br. Sembiring
Journal of Innovation Research and Knowledge Vol. 5 No. 2: Juli 2025
Publisher : Bajang Institute

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Abstract

Human rights are basic rights that are very important and inherent in every person from birth. In Indonesia, the 1945 Constitution (UUD 1945) serves as the protector of human rights. The purpose of the legal system in Indonesia is to safeguard and defend these rights. This thesis will discuss how the Indonesian legal system protects human rights by looking at the application of the constitution in everyday democratic practice. We will review the basic laws relating to human rights, the mechanisms for protecting human rights in the Indonesian legal system, as well as the challenges faced in their implementation. This analysis shows that the Indonesian constitution provides a strong legal basis for protecting human rights, especially in the context of freedom of democracy in the country, from the perspective of the people
A JURIDICAL ANALYSIS OF THE ROLE OF HOSPITAL MANAGEMENT IN OPTIMIZING HEALTHCARE SERVICES: A CASE STUDY AT REGINA MARIS HOSPITAL Revelino Pangaribuan; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

This study discusses the initial limits of authority of hospital management in improving the quality of health services, with a case study at Regina Maris Hospital, Medan. Hospitals as public service institutions have complex structures that require professional management within a legal framework. The focus of the study includes: (1) the initial limits of authority of hospital management in managing service quality, (2) legal and administrative factors that influence this authority, and (3) challenges and solutions in its implementation. The method used is normative juridical with an analysis of statutory regulations, legal doctrine, as well as Gustav Radbruch's theory of legal certainty and AV Dicey's theory of administrative law. The research results show that Regina Maris Hospital management has exercised its authority in accordance with the principles of legality and accountability, including in establishing service standards, managing human resources, implementing a hospital management information system (SIMRS), and guaranteeing patient rights. Regulatory factors such as accreditation obligations and competency standards serve as the main limits of authority. Challenges faced include limited human resources, delays in adopting information technology, and financial management constraints. Nevertheless, Regina Maris Hospital has implemented solutions in the form of ongoing training, educational collaboration, internal audits, and service financing innovations. This study recommends that hospital management adapt its managerial systems to regulatory and technological developments, strengthen human resources, and encourage digital transformation in healthcare services. A regulatory-based and accountable approach will establish hospitals as institutions that ensure quality service, fairness, and legal protection for the community on a sustainable basis.
CHALLENGES IN THE IMPLEMENTATION OF LAW NUMBER 21 OF 2019 ON THE QUARANTINE OF ANIMALS, FISH, AND PLANTS IN PREVENTING THE ENTRY OF QUARANTINE FISH PESTS AND DISEASES IN NORTH SUMATRA Muhammad Arif Suparman; Tamaulina Br. Sembiring
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3742

Abstract

Quarantine practices in Indonesia have evolved since the Dutch East Indies era and have undergone significant changes, particularly with the enactment of Law No. 21 of 2019. This law integrates animal, fish, and plant quarantine and aligns regulations with current issues. However, its implementation faces challenges, especially in preventing the entry of Quarantine Fish Pests and Diseases (HPIK), such as the case of Koi Herpes Virus in Lake Toba. This study aims to identify obstacles in preventing the entry of HPIK in North Sumatra Province. The research employs a normative legal approach with prescriptive methods and a statutory approach. Data were collected through literature studies and analyzed using a qualitative-descriptive method. The findings indicate that several direct and indirect factors hinder the implementation of Law No. 21 of 2019 in preventing the entry of HPIK in North Sumatra. These include suboptimal field implementation due to numerous unofficial entry points, insufficient human resources, inadequate facilities and infrastructure, ineffective education and outreach channels, and limited community involvement in regulatory formulation.
ANALYSIS OF THE URGENCY OF MINIMUM EDUCATION STANDARDS FOR LEGISLATIVE CANDIDATES IN ELECTION IN ENSURING THE QUALITY OF LEGISLATION IN INDONESIA Iman Sejati Zendrato; Tamaulina Br. Sembiring
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3752

Abstract

Education plays a crucial role in improving the quality of legislative candidates. A good quality education will equip them with knowledge, skills, and a deep understanding of various issues, as well as better analytical skills in making informed decisions for the benefit of the public. This analysis of the urgency of establishing higher minimum educational standards for legislative candidates in elections focuses on the impact on the quality of legislation in Indonesia. Currently, Law Number 7 of 2017 concerning Elections only requires a minimum education equivalent to high school for legislative candidates. However, the legislative function demands a high level of understanding of law, public policy, and government administration. This low educational standard contributes to the poor quality of legislative products produced, as evidenced by the minimal implementation of the National Legislation Program (Prolegnas) and the numerous laws that do not favor the public interest. This research uses a descriptive qualitative method with a normative juridical approach to examinelegislative candidacy regulations, as well as the relationship between the educational standards of legislative candidates and the quality of legislation in Indonesia.The study's findings indicate that improving the educational standards of legislative candidates is an urgent need for political system reform and better governance. Essentially, education is not merely a formality, but a crucial foundation for developing qualified legislative candidates capable of effectively carrying out their duties and responsibilities, as well as making positive contributions to regional and national development. Therefore, regulatory reforms related to increasing the minimum educational requirements for legislative candidates can serve as a strategic tool to ensure high-quality, professional, and open-minded legislation.
STRATEGY FOR IMPLEMENTING FISH QUARANTINE POLICY IN NORTH SUMATRA IN THE CONTEXT OF PREVENTING THE ENTRY OF QUARANTINE FISH PESTS AND DISEASES BASED ON LAW NUMBER 21 OF 2019 Muhammad Arif Suparman; Tamaulina Br. Sembiring
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.472

Abstract

Quarantine practices in Indonesia have evolved since the Dutch East Indies era and have undergone significant transformations, particularly with the enactment of Law No. 21 of 2019. This law integrates the quarantine of animals, fish, and plants, and aligns regulations with contemporary issues. However, its implementation faces challenges, especially in preventing the entry of Quarantine Fish Pests and Diseases (QFPD), such as the case of Koi Herpes Virus in Lake Toba. This study aims to analyze strategies to prevent the entry of QFPD in North Sumatra. The research employs a normative legal method with a prescriptive and statutory approach. Data were collected through literature review and analyzed descriptively and qualitatively. The findings of the study identify and analyze several strategies for preventing the entry of QFPD in North Sumatra, including: institutional integration of quarantine under the Indonesian Quarantine Agency (Barantin), utilization of digital systems and Big Data, a layered quarantine inspection approach (pre-border, at-border, and post-border), risk-based surveillance and inspection, strengthening diagnostic laboratory capacity through modern technology and inter-laboratory networks, stakeholder education and capacity building, enhancement of national and international cooperation, periodic monitoring and reporting for early detection, and strict law enforcement to ensure compliance with quarantine regulations.
Co-Authors Abdul Rahman Maulana Siregar Adiasih, Ning AFRIZAL AFRIZAL Alimal Yusro Siregar Ansori Maulana Aura Ananda .P. Dalimunthe Basri Berkat Perjuangan Ndruru Bonus Tarigan Christianto , Christianto Dahlan Dahlan Dahlan Denny Prabowo Desy Radhiyah Eddy Edi Budi Mulia Endah Rantau Itasari, Endah Eri Siswanto Fahmi Fahrurozi Fuja Andre Sal Gressia Sitanggang Harry Gusti Atmaja Helmawan Trintono Subekti Hotman Manullang Iftitah Rizkya Cahyani Iman Sejati Zendrato Irma Novianti Ismaidar , Ismaidar Ismaidar I, Ismaidar Ismidar Ismidar Jeni Alfikri Ginting Joe Vans Rajs Johan Berkat Fanolo Joito Rajagukguk Kayla Putri .A. Matondang Kiki Fadhilah Kiki Maharani Fadhilah Lara Fitri Yani Simarmata Loso Judijanto Lutfiah Ananda Nasution Luthfia Azahra M al affu M. Agung Hidayah Nst M. Homayun Lubis Majidah Pohan Muhammad Arif Suparman Muhammad Fachrur Rozi Muhammad Fadli Muhammad Imam Drajat Muhammad Irfan Faisal Barus Muhammad Raihan Mumtaz Jasmine Napitupulu, Yehezkiel Kristanto Nuke Panenggaran Pema Suryanta Bintang Raja arsyadil fiqry siregar Restika Ndruru Revelino Pangaribuan Rico Palentino Kacaribu Ririn Eka Ariyanti Rudi Salam Tarigan Saphta Nugraha Isa Shazland Abdurrahman Sigit Tri Satya Sitepu Siregar, Vinna Siti Nurhayati Sumarno Suntya Indah Lestari Suvanzi Binsar Aritonang T. Ikhsan Ansyari Husny Tasya Feronica Siregar Tengku Muhammad Reza Fikri Dharmawan Tika Hairani Tiofani Naura Br. Tobing Tria Wahyu Artita Wida Azlina Yasmira Mandasari Saragih Yasmirah Mandasari Saragih