Article Per Year (5 Year)
p-Index From 2021 - 2026
2.203
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Penegakan Hukum Jurnal Sosial Humaniora Sigli Future Academia : The Journal of Multidisciplinary Research on Scientific and Advanced
Sahbudi, Sahbudi
Unknown Affiliation
Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 16 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 16 Documents
Search

 1   2 
Analisis Hukum Terhadap Putusan Pengadilan Mengenai Gugatan Ditolak karena Itikad Tidak Baik dalam Mediasi Kameria, Cica; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16244

Abstract

The background to this research is a court ruling rejecting a lawsuit because the plaintiff failed to demonstrate good faith during the mediation process, even though, in principle, everyone has the right to file a lawsuit. The purpose of this research is to determine the legal basis for the court's decision to reject the lawsuit due to a lack of good faith during the mediation process and to analyze its legal implications for the parties. The research method used is normative legal research with a statute approach and a conceptual approach. The research data sources were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively. The results indicate that the legal basis for rejecting the lawsuit due to a lack of good faith during the mediation process refers to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This ruling has legal implications, namely, that the lawsuit is declared inadmissible (niet ontvankelijk verklaard), resulting in the plaintiff having to file a new lawsuit, obligated to diligently follow the mediation process.z
Analisis Hukum Penanganan Kasus Pidana dengan Pelaku oleh Kepolisian dengan Pendekatan Restorative Justice (Studi di Polsek Medan Baru) Harahap, M. Yarhamuddin; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16245

Abstract

The juvenile criminal justice system in Indonesia, as regulated by Law Number 11 of 2012 on the Juvenile Criminal Justice System, Supreme Court Regulation Number 4 of 2014, and Police Regulation Number 8 of 2021, emphasizes the application of a restorative justice approach as an alternative to resolving cases involving children. This study employs an empirical juridical research method with normative and sociological approaches. Data were collected through literature review and interviews with police officers at the Medan Baru Police Sector. The research examines: (1) the legal framework governing restorative justice in Indonesian criminal law; (2) its implementation by investigators toward juvenile offenders at the Medan Baru Police Sector; and (3) the factors hindering its implementation. The findings indicate that restorative justice has a strong normative legal foundation. Its implementation at the Medan Baru Police Sector is carried out through diversion by prioritizing the best interests of the child and facilitating mediation between the offender, the victim, their families, and related parties. However, several obstacles remain, including limited resources, lack of public understanding, and technical constraints in the mediation process. Therefore, enhanced socialization, improved facilities, and active community participation are necessary to optimize the implementation of restorative justice in ensuring legal protection for children.
Analisis Peran Organisasi Kepemudaan Gerakan Pemuda Al Washliyah Provinsi Sumatera Utara Dalam Pencegahan Tindak Pidana Narkotika Di Kalangan Remaja Menurut Undang-Undang Nomor 40 Tahun 2009 Tentang Kepemudaan Siregar, Zulham Efendi; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16272

Abstract

Drug abuse has become a crisis that threatens various aspects of life, including physical, mental, and social health, and even the future of the younger generation. Globally, approximately 296 million people aged 15-64 will abuse drugs in 2023, representing approximately 5.8% of the adult population. In Indonesia, the prevalence of drug abuse in 2023 is projected to reach 1.73%, equivalent to 3.33 million people aged 15-64. Of this number, 312,000 are adolescents. This indicates that adolescents, as the nation's hope, are highly vulnerable to the distribution and influence of narcotics (BNN RI, 2025). The type of research used is empirical legal research. Empirical legal research is legal research that combines two approaches: a normative (legal) approach and a sociological (empirical) approach. The GPA plays a strategic role as an Islamic youth organization that not only fosters and develops the potential of its members but also serves as a moral bulwark in preventing drug crimes among adolescents through religious, educational, and social approaches. GPA's strategies and policies are comprehensive, encompassing internal development through enforcement of organizational rules, drug awareness campaigns, and the involvement of cadres in positive activities. GPA also synergizes its programs with government policies (particularly the P4GN) and collaborates with authorities and educational institutions. GPA's relationship with other youth organizations in North Sumatra is synergistic and collaborative, where cross-organizational cooperation further strengthens the collective movement against drugs and emphasizes the role of youth as the vanguard in safeguarding the nation's morality, health, and future.
Analisis Penegakan Hukum Yang Tepat Bagi Pelaku Penyalahgunaan Narkotika Dalam Perspektif Hak Asasi Manusia Kurniawan, Syahfrin; Joharsyah, Joharsyah; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16273

Abstract

The enforcement of narcotics laws in Indonesia continues to face significant challenges, particularly in distinguishing drug abusers as victims of addiction rather than conventional offenders. This study, titled “Human Rights-Based Legal Enforcement for Narcotics Abusers: A Study of the National Narcotics Agency (BNNK) Serdang Bedagai”, aims to examine the human rights protections afforded to narcotics abusers, assess appropriate sanctions under the Narcotics Law, and identify obstacles and potential solutions within the jurisdiction of BNNK Serdang Bedagai. Using normative and empirical juridical methods with statutory and conceptual approaches, data were collected through literature studies and interviews with relevant stakeholders, followed by qualitative descriptive analysis. The findings indicate that human rights protections for narcotics abusers have been guaranteed by the 1945 Constitution, Law No. 39 of 1999 on Human Rights, and Law No. 35 of 2009 on Narcotics, which mandate both medical and social rehabilitation for addicts. However, in practice, law enforcement officers often impose imprisonment without considering rehabilitation, thereby potentially violating rights to health and justice. The appropriate sanction for narcotics abusers is rehabilitation, as they are categorized as victims requiring recovery. Key obstacles include limited rehabilitation facilities, societal stigma, and inadequate understanding of human rights perspectives among officers. Strengthening institutional coordination, expanding rehabilitation infrastructure, and increasing public awareness are essential to ensuring humanistic and rights-based narcotics law enforcement.
Perlindungan Hukum Terhadap Kreditor Separatis Atas Hak Eksekusi Jaminan Debitor Lembaga Keuangan Berdasarkan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan Penguatan Sektor Keuangan (Studi : Balai Harta Peninggalan (Bhp) Medan) Ma’arif, Amar; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16277

Abstract

The position of secured creditors in the Indonesian bankruptcy regime has shifted significantly following the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUPPSK). Separatists traditionally have the privilege of executing collateral objects without being subject to the general bankruptcy mechanisms stipulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). However, the revocation of some of the UUKPKPU norms by the UUPPSK has created normative uncertainty, particularly regarding the limited access of secured creditors to bankruptcy instruments if the debtor is a financial services institution under the exclusive authority of the Financial Services Authority (OJK). Using a normative and empirical juridical approach, along with statutory, conceptual, and case study analysis, the study shows that although the UUKPKPU still legitimizes secured creditors' right to execute, its regulation is reduced by the validity of the stay period and the limitation of locus standi in financial institution bankruptcy cases. This situation creates tension between the interests of secured creditors seeking legal protection for their property rights and the regulator's goal of maintaining financial system stability. The research findings confirm that the legal configuration following the UUPPSK has not fully guaranteed the certainty and protection of secured creditors' rights, and has created a normative vacuum that has the potential to disrupt the balance between individual creditors' interests and the public interest in the context of financial sector stability.
Analisis Kedudukan Perma No. 1 Tahun 2016 Tentang Prosedur Mediasi Sebagai Dasar Penyelesaian Perselisihan Yang Bermuatan Tindak Pidana Dalam Perspektif Hukum Pidana Surya, Muhammad Langga; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16424

Abstract

This study examines the legal status of the Indonesian Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures when applied to disputes containing criminal elements. Although PERMA is primarily designed to strengthen mediation mechanisms in civil cases, in practice many disputes originate in the civil domain but subsequently generate criminal consequences, such as fraud allegations arising from loan agreements, domestic violence emerging from family conflicts, or embezzlement issues stemming from business disputes. These situations raise questions regarding the extent to which PERMA may influence or serve as a basis for resolving cases involving criminal offenses. Using a normative juridical method with statutory, conceptual, and case approaches, this study finds that PERMA is hierarchically subordinate to statutory laws and therefore cannot override the Indonesian Criminal Code (KUHP) or the Criminal Procedure Code (KUHAP). Consequently, PERMA cannot serve as a legal basis for terminating criminal proceedings, as such mechanisms are strictly regulated under KUHAP. Nevertheless, the principles of mediation embodied in PERMA can be adopted analogically to support restorative justice, particularly in minor offenses or complaint-based crimes. Peace agreements may be considered by judges in sentencing or by prosecutors in applying the principle of opportunity. Thus, while PERMA cannot halt criminal processes, it can function as a normative reference that strengthens a more humanistic and efficient approach to criminal case resolution without compromising legal certainty.
Co-Authors Abdul Hamid Ahmad, Akiruddin Ahyar, Muhammad Dian Pertiwi Harahap, M. Yarhamuddin Husna, Wardatul Hutagalung, Reinhard Hasiholan Joharsyah, Joharsyah Junaidi Junaidi Kameria, Cica Kurniawan, Syahfrin Lubis, Andi Nursin Lubis, Malik Ahmad Marilin, Eka Irwan Ma’arif, Amar Muhlizar Muhlizar Nanda, Satria Nurhimmi Falahiyati, Akiruddin Ahmad Purba, Nelvitia Siregar, Zulham Efendi Surya, Muhammad Langga Zuhri Arif