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All Journal Jurnal Akta Jurnal Ilmiah Penegakan Hukum ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan JUNCTO: Jurnal Ilmiah Hukum Priviet Social Sciences Journal
Siregar, Fitri Yanni Dewi
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Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Analisis Pertanggungjawaban Pidana Terhadap Perusakan Hutan Di Kecamatan Batang Lubu Sutam Kabupaten Padang Lawas Lubis, Muhammad Koginta; Siregar, Fitri Yanni Dewi
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i1.11649

Abstract

This research aims to find out the consequences and impacts of forest destruction carried out by individuals and corporations, either directly or indirectly, as experienced by the people in the Batang Lubu Sutam District, Padang Lawan Regency, North Sumatra Province, who experienced direct impacts as a result. from forest destruction, namely flash floods accompanied by thousands of logs of wood and soil. This research is empirical legal research by testing laws and cases of forest destruction which have a direct impact on society in the form of flash floods using a statutory approach and a case approach, the data obtained is then processed and An in-depth analysis was carried out regarding rules, literature study, normative approach, concept testing and drawing conclusions. The data is then presented in a descriptive analysis related to criminal liability for forest destruction. The results of the research show that the form of criminal responsibility for perpetrators of forest destruction, whether carried out by individuals or corporations, must be strictly enforced, namely in the form of prison sentences and fines as a result of these actions, such as the flash flood accompanied by thousands of logs of wood and land that occurred in Batang District. Lubu Sutam, Padang Lawan Regency, as a result of forest destruction
Analisis Hukum Terhadap Wanprestasi pada Perjanjian Kerjasama Pengelolaan Kebun Kelapa Sawit (Studi: PT. Tepian Gayor Langkat) Tanjung, Putri Marwin; Ramadhan, Muhammad Citra; Siregar, Fitri Yanni Dewi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.3106

Abstract

This study aims to analyze the implementation of the oil palm plantation management cooperation agreement at PT. The edge of Gayor Langkat, identifies the default that occurred, and evaluates legal remedies and legal consequences arising from the violation. This study uses a normative juridical approach with qualitative descriptive analysis based on literature studies and interviews. The data was analyzed to identify defaults, legal remedies, and consequences in the agreement of PT. The banks of Gayor Langkat. The results of the study show that the implementation of the cooperation agreement between PT. The banks of Gayor Langkat and Darmawan Armiadi were declared in default due to violations of Articles 3, 4, and 8 related to written approvals, financial statements, and profit sharing. The Second Party failed to fulfill its obligations, causing the First Party to lose Rp. 138,726,000. After legal remedies such as reprimands, summonses, and lawsuits, the court ruled on default, canceled the agreement, and sentenced the Second Party to pay damages of Rp200,000,000. This case emphasizes the importance of a strong agreement, strict supervision, and compliance to prevent losses and ensure fairness.
Tinjauan Yuridis Pertimbangan Hakim Menjatuhkan Pidana Penjara dan Pelatihan Kerja Terhadap Anak Sebagai Pelaku Tindak Pidana Persetubuhan (Studi Putusan Pengadilan Negeri Medan Nomor 70/Pid.Sus-Anak/2024/PN Mdn) Risyadha, Angelica Kumala; Siregar, Fitri Yanni Dewi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6108

Abstract

This study analyzes judicial considerations in sentencing imprisonment and work training for a juvenile offender in a sexual intercourse case, using the Medan District Court Verdict No. 70/Pid.Sus-Anak/2024/PN Mdn as a case study. The research is grounded in the tension between retributive justice and the principle of restorative justice within Indonesia’s juvenile criminal justice system. A normative juridical method with a case study approach is employed, examining primary, secondary, and tertiary legal materials through literature review and descriptive-analytical analysis. The findings reveal that judicial considerations include legal aspects such as the Juvenile Criminal Justice System Act (UU SPPA) and the Criminal Code (KUHP), as well as non-legal aspects like the juvenile's age, social environment, and the psychological impact on the victim. The court’s decision combines retributive, restorative, substantive, and procedural justice, reflecting a holistic approach to child protection. The study concludes that achieving a balance between punishment and rehabilitation is essential for ensuring the rights of both juvenile offenders and victims, and for delivering justice that is fair and humane.
Deontological Study of the Binding Strength of Precontractual Promises: A Legal and Ethical Approach Siregar, Mahmul; Siregar, Fitri Yanni Dewi; Rafiqi, Rafiqi; Muniifah, Nur
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44757

Abstract

This study analyzes the binding force of pre-contractual promises from the perspective of deontological law and ethics. In contract law, pre-contractual promises often raise debates about their validity and legal consequences. This study uses a normative legal approach with descriptive qualitative analysis, which focuses on the analysis of legal norms governing pre-contractual promises. From a deontological ethics perspective, the fulfillment of a promise is considered a moral obligation that must be honored regardless of the consequences, based on the principles of honesty and integrity. This study highlights that the combination of deontological law and ethics approaches can provide a stronger normative basis for assessing pre-contractual obligations, increase legal certainty, and strengthen the principle of trust in business relationships and contractual negotiations. Deontological studies of the binding force of pre-contractual promises confirm that promises made before a formal contract have interrelated legal and ethical dimensions. From a legal perspective, although not always legally binding, the principle of promissory estoppel in common law and the principle of good faith in civil law can provide protection for parties who suffer losses due to unfulfilled pre-contractual promises. Meanwhile, from a deontological ethical perspective, the obligation to fulfill promises is based on universal moral principles, such as honesty and good faith, which form the basis of trust in business and legal interactions.
Analysis of unlawful acts regarding claims and the unlawful installation of confiscation sign (study of decision number 966/Pdt.G/2024/PN Medan) Sitompul, October Yohanes; Siregar, Fitri Yanni Dewi
Priviet Social Sciences Journal Vol. 5 No. 9 (2025): September 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i9.668

Abstract

This study aims to analyze unlawful acts in claims and the unauthorized installation of Sita signs. This study focuses on Decision No. 966/Pdt. G/2024/PN Medan, which involves a dispute between the Plaintiff and the Defendant regarding land rights. In this case, the Defendant installed a sita sign without permission from the Plaintiff, resulting in loss and a violation of ownership rights. To address this issue, references are made to agrarian law theories and relevant regulations. Data were collected through interviews with landowners, lawyers, and government officials, legal document analysis, and observations at the dispute location. The obtained data were analyzed qualitatively to understand the legal practices occurring, and the results of the study indicate that the defendant’s actions can be categorized as unlawful acts in accordance with Article 1365 of the Civil Code, which regulates liability for losses arising from unlawful acts.
Co-Authors Frensh, Wenggedes Hidayani, Sri Lubis, Muhammad Koginta MAHMUL SIREGAR Maswandi Maswandi, Maswandi Muniifah, Nur Rafiqi Rafiqi, Rafiqi Ramadhan, Muhammad Citra Risyadha, Angelica Kumala Sitompul, October Yohanes Tanjung, Putri Marwin