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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Journal of International Islamic Law, Human Right and Public Policy
Mhd. Ihwanuddin Hasibuan
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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 Social Sciences Other

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EFFORTS TO OVERCOME CRIMINAL ACTS OF NARCOTICS ABUSE Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.324

Abstract

Narcotics abuse has a very bad impact on the continuity of a nation's generations. To anticipate this, cooperation from all components of society, such as families, from school to university level, and the government must be united in efforts to prevent narcotics in the surrounding environment. The formulation of the research problem is: 1) How is the police investigation process organized for perpetrators of narcotics abuse? 2) What efforts are made by law enforcers to prevent narcotics abuse? This is a normative research with sources of legal materials in this research being primary and secondary legal materials, techniques for collecting legal materials using documentation recording methods and reading statutory regulations related to the problem and analyzed using qualitative descriptive. From the results of observations and research, the police were given authority to carry out investigations and investigations up to the filing of P-21, the Police carry out investigations if there is a report; caught. The implementation of the investigation originates from three things as stated in the Criminal Procedure Code, steps that must be taken by all levels of society in efforts to prevent and control Narcotics in the community, including: 1. Promotive Methods, 2. Preventative Methods, 3. Repressive Methods, 4. Curative Methods, 5 Rehabilitation.
IMPLEMENTATION OF RESTORATIVE JUSTICE AS AN ALTERNATIVE FOR CHILD CRIMINAL RESOLUTION Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama; Syaiful Asmi Hasibuan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 1 (2023): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i1.334

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
JURIDICAL STUDY OF THE CRIMINAL ACTS OF DEFENSE IN VIEW FROM THE ITE LAW NUMBER 19 OF 2016 Yasmira Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham; Ricky Pratama Ginting; Sardi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.944

Abstract

This research was conducted with the aim of finding out how the application of legal sanctions for perpetrators of criminal acts of defamation according to the ITE Law Number 19 of 2016 and how the impact of ITE Law Number 19 of 2016 has on legal changes in society. By using normative juridical research methods. In submitting criticism or opinion, it is protected by human rights and applicable laws and regulations. The criminal act of Defamation is strictly regulated in Law Number 19 of 2016 namely in Articles 27, 28 and Article 29 which prohibits distributing and/or transmitting and/or making electronic information accessible, which contains insults and/or defamation. Good name. Article 27 paragraph 3 of the ITE Law, In order to be categorized as a criminal act of defamation, the following elements must be proven: Intentional existence, without rights (without permission), with the aim of attacking reputation or honor, attacking accusations to make it known to the public. The Electronic Information and Transaction Law (UU ITE), which has been passed by the government along with the rapid development of information technology, aims to maintain and maintain polite behavior in cyberspace. However, the Indonesian people feel that the existence of the ITE Law actually hinders freedom of expression and issuing opinions. Moreover, there is misuse of the benefits of the ITE Law, namely the state apparatus to silence people who have criticized the state. In this journal, the author explains the various influences of the ITE Law on people's lives and the impacts it has. In conclusion, the principles of the ITE Law actually have good intentions to protect Indonesian people from misuse of social media. The community also wants the government to immediately remove articles that are prone to being misused for freedom of expression and to be able to create a democratic state from both the people and the government.
THE ROLE OF THE PADANG LAWAS RESORT POLICE'S DRUG RESEARCH UNIT IN HANDLING OFFENSES DRUG CRIMINAL Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung; Ismaidar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1597

Abstract

Drug crimes are special crimes regulated in Law number 35 of 2009 concerning Narcotics crimes. The research aims to find out the role of the Padang Lawas Police Drug Investigation Unit in handling drug crimes, what obstacles are experienced in the investigation process for handling drug crimes. The type of research used is empirical juridical research (field study). This research is descriptive in nature, the location of this research was carried out at the Padang Lawas Resort Police Drug Research Unit. The subject of this research is the police who have the authority to handle drug crimes in the Padang Lawas Resort Police Drug Investigation Unit. Data collection techniques were carried out by means of observation, interviews, document study. The research results show the role of the Padang Lawas Resort Police's drug investigation unit in accordance with Law Number 2 of 2002 concerning the Republic of Indonesia Police and Law no. 35 of 2009 concerning Narcotics Crimes, the obstacles experienced in the investigation process are,Lack of budget, inadequate facilities and infrastructure, lack of drug investigation personnel, a culture of society that still covers things up, each perpetrator being tied to each other and changing illegal crime techniques, in terms of efforts to overcome these obstacles, the Padang Resort Police Narcotics Investigation Unit Lawas making the village drug-free is a solution to minimizing the illegal circulation of drugs.
LEGAL SANCTIONS FOR THE CRIMINAL ACT OF LAND CLAIMS IN A POSITIVE AND CRIMINAL LAW PERSPECTIVE ISLAMIC CRIMINAL LAW Mhd. Ihwanuddin Hasibuan; Mark G. Maffett; Bob Feinbrg
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.2

Abstract

The research aims to find out what the penalties are for perpetrators of criminal acts of land grabbing from a positive criminal law perspective and the penalties for perpetrators of criminal acts of land grabbing from a criminal law perspective. The type of research method used by normative juridical research. Secondary data sources were obtained from Al-Qur'an, Hadith, Fiqh Jinayah books, and the Criminal Code. Then it is analyzed using a qualitative descriptive method, namely explaining everything in the main issues firmly based on the problem formulation which is concluded inductively. Based on the results of the research, it can be concluded that the legal sanction for the crime of land grabbing according to the positive criminal law contained in the Criminal Code (KUHP) can be punished according to the provisions of article 385 by 4 years' imprisonment, whereas in Islamic criminal law the sanction of imprisonment can be imposed with the fingertips. ta'zir.
LEGAL MEASURES IN HANDLING CRIMINAL ACTS IN CORPORATE PERSPECTIVE LAW NO. 20 OF 2021 CONCERNING CRIMINAL ACTS OF CORRUPTION M. Fajri Hidayatullah; Novita Aulia Lubis; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 2 (2023): July (July-September)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i2.1046

Abstract

Corruption is a culture that is very difficult to get rid of, especially related to corporations and government agencies which are very vulnerable to occur and this is an action that is very detrimental to the state and has a lasting effect on future regeneration, especially in Indonesia which is no stranger to experiencing corruption problems. This can be considered a problem. Corruption is an ordinary crime problem, this is a wrong statement for ordinary people who think this is normal. But we need to underline that corruption is an act that has a very large negative impact compared to other criminal problems, whatever the form of the problem that leads to criminal acts of corruption, it is certain that it is very fatal and cannot be tolerated. According to the large legal dictionary which states that corruption is included in the realm of extraordinary crime, it is an extraordinary crime that is special in handling and by law it overrides general legislation. If we relate it to the criminal law system that we have, in dealing with corruption problems that occur in the corporate area, we also experience the same thing, namely difficulties in application and implementation, why is that? requires the ability to think intelligently and a strict system and is required to have a pattern of good thinking.
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.
Co-Authors Andry Syafrizal Tanjung Bob Feinbrg Fadillah Aditya Pratama Ismaidar I, Ismaidar M. Fajri Hidayatullah Mark G. Maffett Novita Aulia Lubis Ricky Pratama Ginting Rico Nur Ilham Sardi Sulaiman Syaiful Asmi Hasibuan, Syaiful Asmi Yasmira Mandasari Saragih Yasmirah Mandasari Saragih