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All Journal Fox Justi : Jurnal Ilmu Hukum International Journal of Law and Society Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice International Journal of Society and Law
Mhd. Azhali Siregar
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Corporate Responsibility for the Crime of Terrorism Financing in Indonesia Yossri Mantaw Sihombing; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Abdur Rahman Sirait; Teguh Hidayat Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.150

Abstract

Criminal act Terrorism is a form of crime or serious violation human rights at the international level because it seriously endangers security and peace world . T he crime of terrorism which occurred in the territory of the unitary state of the Republic of Indonesia has resulted in loss of property and property and causing fear in society at large, thus having an impact on social life, economics, politics and international relations . One of the main factors supporting acts of terrorism is the existence of funding, meaning that terrorist activities will not take place if there are no funds. Therefore, it is very important to eradicate criminal acts of terrorist financing in order to minimize the occurrence of acts of terrorism. The research method used is normative legal research, namely legal research that uses secondary data by using a statutory approach and a conceptual approach . The data processing and analysis technique used in this research is a qualitative technique using deductive logic in order to draw conclusions from the problem formulation that has been described. The aim of this research is to determine the methods of collecting funds carried out by corporations for terrorism financing in Indonesia and to determine corporate responsibility for criminal acts of terrorism financing in Indonesia.
LEGAL PROTECTION FOR NURSES IN IMPLEMENTING PROFESSIONAL AND INDEPENDENT HEALTH SERVICES (STUDY AT MURNI TEGUH MEMORIAL HOSPITAL) Yusuf Sitinjak; Mhd. Azhali Siregar; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i1.123

Abstract

Health services are defined as the provision of health efforts in a series of maintenance and improvement of personal health levels, all health service activities are carried out based on legal principles contained in binding regulations.Nursing as an integral part of health services has great leverage in health development efforts.The purpose of this study is to determine and examine the role and responsibilities of nurses in the implementation of professional and independent health services, and to determine and examine legal protection for nurses in the implementation of professional and independent health services. The preparation of this Thesis uses the Normative-Empirical Research Method used in the form of literature, journals, scientific articles and laws and regulations as well as related documents from various written sources related to the research and supported by empirical research in the form of interview results with various related parties. Then analyzed using qualitative analysis techniques and presented descriptively. The results of this study are: (1) The function of nurses in nursing practice consists of independent functions, interdependent functions and dependent functions. In relation to these functions, nurses have the ability to be responsible in carrying out their functions; (2) Legally, the nursing profession receives legal protection based on Article 53 paragraph (1) of Law Number 23 of 1992 and Article 1367 paragraph (1) of the Civil Code and Article 1367 paragraph (3). Based on these findings, Article 273 of Law Number 17 of 2023 concerning Health provides legal protection for health workers and medical personnel who carry out medical actions in health services. Health workers who are proven to be negligent can be subject to legal sanctions as referred to in Article 440 paragraphs (1) and (2); However, before being subject to criminal sanctions, the problem must be resolved through non-judicial channels as referred to in Article 310 of the Law. Medical personnel are not subject to sanctions if they can provide evidence that their work and actions are in accordance with professional standards, professional service standards, operational procedure standards, professional ethics, and patient requirements.
LEGAL ANALYSIS OF THE EVIDENCE ASPECTS IN DEFAMATION CASES Diki Jan Ramadana Tarigan; T. Riza Zarzani; Mhd. Azhali Siregar
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

Abstract

This study aims to determine the efforts of the Prosecutor's Office in proving criminal charges of defamation based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), from the perspective of the Prosecutor's Office. Perspective of the Criminal Procedure Code (KUHAP). This research is a normative legal research that is prescriptive and applied, and in terms of its objectives it is included in normative or doctrinal legal research. The types of data used include primary data and secondary data. The data collection technique used is library research in the form of books, legal regulations, documents, and others. Data analysis uses a syllogistic method through deductive thinking. Based on the results of the research and discussion, it is concluded that the prosecutor's office in its statement uses evidence in accordance with the provisions of Article 184 of the Criminal Procedure Code concerning valuable evidence in the form of witness statements, expert opinions, letters, instructions, statements from the defendant but does not provide electronic evidence as referred to in Article 5 paragraph (1) and paragraph (2) and Article 44 of the ITE Law concerning electronic evidence. In this case, the prosecution presented evidence, but not proof, in the form of a screenshot of the Facebook page used as the site for the electronic defamation. However, because Indonesia adheres to the Wettelijk negative evidence system, the judge considered the testimony of witnesses, experts, and the defendant sufficient to make a decision.
RELATIONSHIP OF INVESTIGATION AUTHORITY IN DRUG CRIMES AFTER THE RULING OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE Berton Lumban Tobing; Henry Aspan; Mhd. Azhali Siregar
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.v1i2.42

Abstract

Handling drug crimes in Indonesia faces significant challenges related to the differences in authority between the National Narcotics Agency (BNN) and the Indonesian National Police (Polri). Differences in arrest times and dualism in investigative authority have legal consequences that affect the human rights of suspects and the effectiveness of law enforcement. The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) brings major changes in the regulation of special crimes, including narcotics, which raises issues related to the principle of lex specialis. This study aims to identify and analyze changes in investigative authority, the legal implications that arise, and how to improve coordination between law enforcement agencies. Normative legal research methods are used to analyze relevant laws and court decisions. The results of the study indicate that the elimination of Article 111 of Law Number 35 of 2009 and its replacement with new provisions in Law Number 1 of 2023 requires adaptation from law enforcers. In addition, the implementation of rehabilitation as an alternative to punishment marks a shift towards a more restorative justice system.
DECENTRALIZATION OF POLICY AND HANDLING OF DRUG ABUSE IN LABUHANBATU DISTRICT Henky Dalimunte; Henry Aspan; Mhd. Azhali Siregar
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.v1i2.43

Abstract

Drug abuse is a serious problem in Indonesia, including in Labuhanbatu Regency, which has experienced a significant increase in drug abuse cases. Policy decentralization gives local governments the authority to address this issue according to local conditions, but often faces challenges such as limited resources, poor coordination, and limited institutional capacity. This study uses a qualitative approach with legislative and case study methods, is descriptive-analytical, and focuses on the analysis of legislation and policy implementation at the local level. Data were obtained from policy documents, official reports, and through documentation and observation techniques of legal products. The analysis was carried out using thematic analysis methods, categorizing the main themes from the results of documentation and observation to answer the formulation of the problem and achieve the objectives of the study. The results of the study indicate that the implementation of policy decentralization in Labuhanbatu Regency requires strengthening through the formation of comprehensive Regional Regulations (Perda), which include the preparation of an annual Regional Action Plan (RAD), the formation of an integrated cross-sector team, strengthening rehabilitation services, utilizing technology, and community participation in drug prevention and handling efforts. With a measured, structured, and participatory approach, it is hoped that the decentralization policy can be implemented effectively to optimize the handling of drug abuse in Labuhanbatu Regency.
LEGAL PROTECTION FOR REPORTERS OF DRUG CRIMES BASED ON LAW NUMBER 35 OF 2009 Nadya Prameswari; Mhd. Azhali Siregar; Fitria Ramadhani
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.v1i2.59

Abstract

The participation of the community in helping law enforcement officials to prevent and eradicate narcotics abuse is expected to make a very large contribution, considering that the number of personnel of the apparatus itself is very minimal if it has to supervise the illicit circulation of narcotics in the territory of Indonesia which consists of thousands of islands. Based on the actions that will threaten the safety of the witness, it is necessary to have a guarantee of security and protection from the authorities. For this reason, without being asked for witnesses, the authorities must provide security guarantees and the best protection for witnesses if they later experience threats or intimidation from narcotics syndicates.
LEGAL REVIEW OF CHILD PROTECTION IN FULFILLING THEIR RIGHTS AFTER DIVORCE AND ITS IMPLEMENTATION IN MEDAN RELIGIOUS COURT DECISIONS Agustira Sitorus; T. Riza Zarzani; Mhd. Azhali Siregar
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.v2i1.82

Abstract

Divorce not only affects the husband and wife, but also has serious consequences for the children born from the marriage. One important aspect that must be considered after a divorce is the fulfillment of children's rights, especially regarding custody, maintenance, and affection from both parents. Although legal regulations in Indonesia, such as Law Number 1 of 1974 concerning Marriage, Law Number 35 of 2014 concerning Child Protection, and the Compilation of Islamic Law have clearly regulated the obligations of parents towards children after a divorce, the implementation of these regulations still faces various obstacles. Many cases show that fathers who are required to provide maintenance often avoid their responsibilities, which has a negative impact on the welfare of children. This study uses an empirical normative legal method with a statutory and comparative law approach to analyze the effectiveness of legal protection for children after divorce, especially in the Medan Religious Court decision. The results of the study indicate that although the court decision has determined the amount of maintenance that must be given, in practice the execution of the decision often encounters obstacles, both due to the low level of father compliance and weak law enforcement mechanisms. Therefore, a more effective policy reformulation is needed, including simplifying execution procedures, strengthening legal sanctions for negligent parents, and a more active role for the state in ensuring the fulfillment of children's rights. With these steps, it is hoped that children's rights after divorce can be protected more optimally, so that the welfare and legal certainty for children remain guaranteed.
THE URGENCY OF REGULATION OF SIGHAT TAKLIK TALAK TO PROTECT WIVES' RIGHTS IN MARRIAGE FROM A POSITIVE LEGAL PERSPECTIVE IN INDONESIA Febrianda, Febrianda; Mhd. Azhali Siregar; T. Riza Zarzani
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.v2i1.87

Abstract

Sighat ta'lik talak is an agreement made by a husband after the marriage contract, which gives the wife the right to file for divorce if the husband violates the agreed provisions. In the Islamic legal system in Indonesia, sighat ta'lik talak is recognized in the Compilation of Islamic Law (KHI) and several related regulations, but does not yet have a strong legal basis in Law Number 16 of 2019 concerning Marriage. As a result, sighat ta'lik talak is often viewed as a formality without a deep understanding of its legal implications. In practice, violation of sighat ta'lik talak does not immediately lead to divorce, but must be submitted to the Religious Court to obtain a legal decision. This study uses a normative legal method with a doctrinal-deductive approach and analysis of legal regulations related to sighat ta'lik talak. The results of the study indicate that sighat ta'lik talak has an important role in protecting the rights of wives, especially in cases of neglect of livelihood and domestic violence. However, there are still obstacles in its implementation, including the lack of public understanding and the absence of regulations governing the legal consequences for husbands who violate sighat ta'lik talak. Therefore, it is necessary to strengthen the position of sighat ta'lik talak in Indonesian positive law to be more effective in providing legal protection for wives. In addition, a revision of the sighat ta'lik talak clause to be more relevant to current social and economic conditions is also urgent.
LEGAL REVIEW OF THE IMPLEMENTATION OF CERTIFICATION OF ENDOWMENT LAND TO AVOID DISPUTES FROM A POSITIVE LEGAL PERSPECTIVE IN INDONESIA BASED ON THE VALUE OF LEGAL CERTAINTY Herman , Herman; Henry Aspan; Mhd. Azhali Siregar
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.v2i1.92

Abstract

Certification of waqf land plays an important role in ensuring legal certainty and preventing disputes that often occur due to unclear ownership status. In Indonesian positive law, waqf land is regulated in Law Number 41 of 2004 concerning Waqf and Government Regulation Number 42 of 2006, which requires every waqf land to be registered and certified by the National Land Agency (BPN). However, in practice, many waqf lands have not been certified due to lack of public awareness, administrative limitations, and bureaucratic obstacles. As a result, waqf land often becomes the object of dispute, especially when the heirs of the waqif try to reclaim the assets that have been donated. This study analyzes the implementation of waqf land certification to avoid disputes in a positive legal perspective based on legal certainty. Using the normative juridical method, this study examines the laws and regulations and obstacles in the implementation of waqf land certification in Indonesia. The results of the study indicate that waqf land certification can provide legal protection for waqf assets and ensure that the land continues to be utilized in accordance with the established social and religious objectives. Therefore, it is necessary to increase the effectiveness of certification through digitalization of land services, simplification of administrative procedures, and increasing the role of Nadzir in managing waqf land. With a better certification system, legal certainty for waqf land can be guaranteed, thereby avoiding potential disputes and strengthening the role of waqf in the social and economic development of the community.
LEGAL REVIEW OF MARRIAGE LEGALIZATION (ISTBAT NIKAH) BASED ON INTEGRATED HEARING IN RELIGIOUS COURTS ACCORDING TO STUDY AT PANDAN RELIGIOUS COURT Rivi Hamdani Lubis; Mhd. Azhali Siregar; Henry Aspan
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.v2i1.93

Abstract

Marriage validation or itsbat nikah through an integrated trial at the Pandan Religious Court is a legal step that aims to provide legal certainty for couples whose marriages are not registered at the Office of Religious Affairs (KUA). Based on Law Number 1 of 1974 concerning Marriage, every marriage must be registered to obtain legal recognition. However, there are still many people who carry out underhand marriages (siri) without official registration, which causes various administrative problems, such as difficulties in processing children's birth certificates, family cards, and inheritance rights. This study aims to analyze the implementation of marriage confirmation through an integrated trial at the Pandan Religious Court and its compliance with applicable laws and regulations. The method used is a normative legal approach with an analysis of related legal regulations and court decisions in marriage confirmation cases. The results of the study indicate that integrated trials provide convenience for couples who do not yet have a marriage certificate, especially for the underprivileged. However, there are challenges in its implementation, such as limited resources and low public understanding of the importance of marriage registration. With an integrated trial, marriage confirmation can accelerate the process of marriage validation and provide legal protection for couples and their children. Therefore, efforts are needed to socialize and improve regulations so that marriage confirmation can be more effective in guaranteeing the legal rights of married couples and increasing legal certainty in marriage.
Co-Authors Abdur Rahman Sirait Agustira Sitorus Asmita Br. Sitepu Azhar. AR Bambang Fitrianto Berton Lumban Tobing Deni Karnius Zebua Diana Gultom Diki Jan Ramadana Tarigan Febrianda, Febrianda Fitria Ramadhani Henky Dalimunte Henry Aspan Herman , Herman Ivan Astavan Manurung Khairul Huda Rizka Nadya Prameswari Padma Putra Solihandhana Rafianti, Fitri Rahmayanti , Rahmayanti Rian Afriandi Putra Rivi Hamdani Lubis Roslina Tiur Melia Rudi Salam Tarigan Sri Rahmadani Suci Ramadhani Tarmina , Tarmina Teguh Hidayat Siregar Tengku Riza Zarzani N Yasmirah Mandasari Saragih Yossri Mantaw Sihombing Yusuf Sitinjak Zakiul Fuad