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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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IMPLEMENTATION OF MARRIAGE ITSBAT ON UNRECORDED MARRIAGES STUDY OF DETERMINATION OF LUBUK PAKAM RELIGIOUS COURT (Number 17/Pdt.P/2024/PA.Lpk) Padma Putra Solihandhana; 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.v2i1.94

Abstract

Confirmation of marriageis a legal mechanism used to validate a marriage that has taken place but is not officially registered with an authorized marriage registration institution. In the Indonesian legal system, marriage registration plays an important role in providing legal protection for the rights of husbands, wives, and children. However, in practice, there are still many people who marry without official registration due to various factors, such as economic limitations, lack of legal understanding, and administrative constraints. This study aims to analyze the implementation of marriage validation at the Lubuk Pakam Religious Court by reviewing the decision of case Number 17/Pdt.P/2024/PA.Lpk. This study uses normative and empirical legal methods, with a positive legal approach and interviews with judges as the main data sources. The results of the study show that judges consider various aspects in deciding marriage validation cases, such as the validity of marriage according to Islamic law, the legal interests of the applicant, and compliance with applicable laws and regulations. The granting of a marriage confirmation request has significant legal implications, such as providing legal certainty regarding marital status, protecting the rights of spouses and children, and facilitating the administration of population administration. Therefore, efforts are needed to increase public awareness of the importance of marriage registration in order to avoid legal problems in the future. In addition, simplifying the administrative procedures for marriage confirmation for underprivileged communities is also an important recommendation in this study.
The Mechanism of Electronic Trials in Criminal and Civil Cases (A Study at the Takengon Class 1B Sharia Court) Rian Afriandi Putra; Mhd. Azhali Siregar; T. Riza Zarzani
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

Digital transformation in the Indonesian judicial system has become a strategic necessity in facing the challenges of the times and emergency conditions such as the COVID-19 pandemic. The Takengon Sharia Court Class IB, as a judicial institution in the special autonomy region of Aceh, has also implemented an electronic trial system (e-Court and e-Litigation) in civil cases and some Islamic criminal cases (jinayat). This study aims to analyze the case resolution mechanism, the implementation of the electronic trial system, and the obstacles faced in practice. Using the normative-empirical legal research method, the study was conducted through regulatory analysis such as PERMA Number 3 of 2018, PERMA Number 8 of 2022, and Aceh Qanun Number 6 and 7 of 2013–2014, supplemented by interviews and field observations. The results of the study show that the e-Court system has provided efficiency in civil cases, especially in terms of registration, payment, summons, and exchange of litigation documents. However, the implementation of online trials in jinayat cases is still limited due to the characteristics of Islamic criminal procedural law which requires the physical presence of the parties in the courtroom. Substantive obstacles include disharmony between national procedural law and PERMA, as well as limited mediation mechanisms and public openness. Meanwhile, technical obstacles include low digital literacy among the community, uneven infrastructure, and readiness of human resources. Therefore, harmonization of regulations, improvement of technological facilities, and ongoing training are needed so that the electronic justice system can function optimally and guarantee access to justice substantively.
Implications of the Implementation of the Marriage Age Limit After the Enactment of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage at the Pandan Religious Court Sri Rahmadani; Henry Aspan; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

The main problem is the existence of problems that arise after the amendment of Law Number 1 of 1974 concerning marriage at the Pandan Religious Court and the efforts made by the Pandan Religious Court against the emergence of problems after the amendment of Law Number 1 of 1974 concerning marriage. The purpose of this research is to describe and analyze the implications that arise and solutions after the amendment of Law Number 1 of 1974 concerning Marriage at the Pandan Religious Court. This type of research is field research, using a qualitative method with a case study approach. The results of the study show that, the implications that emerged after the amendment of Law number 1 of 1974 concerning marriage at the Pandan Religious Court are the increase in the number of marriage dispensation applications. The solution to the problems that arose after the amendment of Law Number 1 of 1974 concerning marriage at the Pandan Religious Court is to provide advice and a persuasive approach to the child to cancel his intention to marry at an early age, and if this is not considered acceptable to the child, then it is recommended to apply for a marriage dispensation. The results are based on the decision of the Religious Court. The conditions that must be met in filing a marriage dispensation application case at the Religious Court are as follows: 1). Application Letter, 2). Copy of the ID card of the parent/guardian concerned, 3). Copy of the Applicant's Family Card, 4). Copy of the Birth Certificate / ID card of the child, 5). Copy of ID card / birth certificate of the prospective husband/wife, 6). Copy of the child's last Education Diploma and/or certificate of still being in school from the child's school, 7). A copy of the Letter of Rejection from the Sub-district Religious Affairs Office and 8). Paying the cost of the case, the Applicant who cannot afford it can apply for a free marriage dispensation (prodeo)
LAW ENFORCEMENT PROBLEMS AGAINST DRUG USERS (Study Decision Number: 214/Pid.Sus/2024/PN.Mdn) Roslina Tiur Melia; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Narcotics circulation and abuse is one of the national problems that are taken seriously by the government, because it can cause damage to the nation's morale, perpetrators of narcotics crimes often get punishment based on court decisions that lack a sense of justice and legal certainty. In narcotics cases, there are several articles that are often used to ensnare perpetrators, namely Article 114, Article 112, and Article 127 of Law Number 35 of 2009 concerning Narcotics. The three articles, there are two articles that have multiple interpretations and unclear formulations, namely in Article 112 and Article 127 of Law Number 35 of 2009 concerning Narcotics. The multi-interpretation article will result in narcotics crime perpetrators (dealers) taking refuge as if they were victims of narcotics crimes. That this will have an impact on the imposition of punishment with a short sentence so that it causes injustice in the implementation process. This research is normative juridical, which is a method that describes or explains a fact systematically and then the analysis is carried out juridically by linking the data and facts obtained by analyzing court decisions related to criminal sanctions against perpetrators of narcotics crimes and related to applicable laws and regulations. The results of this study However, in the field of narcotics law enforcement, this seems to be much more difficult. Prioritizing criminal punishment seems to be very inherent in our law enforcement body. It takes extraordinary encouragement both at the local, national and international levels. Therefore, in relation to the case in this study, the Judge of the Medan District Court decided that the defendant was legally and convincingly guilty in accordance with the provisions of article 112 paragraph (1) of UURI No.35 of 2009 concerning Narcotics by imposing a criminal sentence on the defendant Veri Suriana als Veri, therefore with a prison sentence for 6 (six) years and a fine of Rp.1,000,000,000,- (one billion rupiah) with the provision that if the fine is not paid, it must be replaced with imprisonment for 6 (six) months.
JURIDICAL ANALYSIS OF PROVING GUILT IN PARTICIPATING IN THE CRIME OF THEFT ACCORDING TO PROVISIONS OF ARTICLE 55 OF THE CRIMINAL CODE (Study Decision Number: 15/Pid.S/2024/PN.Stb) Asmita Br. Sitepu; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

This study examines and examines participation (deelneming) which, among other things, includes the form of participation/involvement of a person both psychologically and physically by doing an act so that a criminal act occurs. The inclusion penalty is regulated in Article 55 of the Criminal Code which means that there are two or more people who commit a criminal act. This research is a type of normative research using secondary legal sources and using qualitative descriptive analysis. The results of this study show that the forms of participation can be divided into two parts, namely: first, the maker consisting of: the actor (pleger), the doenpleger, the participant (madepleger) and the advocate (uitlokker); Second, the helper consists of: the helper at the time the crime is committed and the helper before the crime is committed.
LEGAL PROTECTION OF CHILDREN AS PERPETRATORS OF NARCOTICS CRIMES AS AN EFFORT TO REFORM THE LEGAL SYSTEM IN INDONESIA (Study Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj) Diana Gultom; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

The involvement of children in narcotics crimes who become narcotics couriers is a series of malicious agreements in carrying out illegal narcotics trafficking, but in the capacity of the category of children who help in terms of trade or distribution by accompanying the owner of the goods by being promised or lured has often hit children of that age, this is a very concerning thing where the child has been dealt with and are classified as having committed narcotics crimes. In this case, the child has committed an act, malicious consensus without rights or against the law offering to sell, sell, buy, receive, become an intermediary in the sale and purchase, exchange or hand over Class I Narcotics which in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) tree trunks or in non-plant forms weighing more than 5 (five) grams. As a result of this incident, the child was charged as regulated and threatened with criminal punishment in Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The type of research in writing this thesis is carried out with a type of normative legal research in the form of literature research that uses 3 legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. This legal research focuses on literature studies which means that more will be studied and reviewed existing and applicable legal rules. The results of this study show that the Legal Protection of Children as Intermediaries in the Legal System in Indonesia in Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj. namely by referring to Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Child Criminal Justice System, Legally and convincingly proven guilty of committing a criminal act "Without the right to make a malicious conspiracy to sell Class I narcotics that are not plants weighing more than 5 grams, the Judge of the Binjai Court has imposed an action on the child, in the form of an action to be returned to the parents and ordered the child to be released from the custody of the Temporary Child Placement Institution (LPAS). The basis for the judge's consideration is the Juvenile Criminal Justice System as stipulated in article 69 paragraph (1) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. This Criminal Policy is a grand design of the Indonesian Government's legal politics which recognizes the human rights of children with the aim that children are the nation's asset capital that can be useful in the future so that special arrangements are needed in the settlement of cases that befall them. With the hope that the child can return to society as the nation's asset capital in the future.
TRANSFER OF RIGHTS TO CULTIVATED LAND ACCORDING TO LAW NO. 18 OF 2021 CONCERNING LAND/AGRARIAN AFFAIRS IN ISLAMIC LEGAL ANALYSIS Ivan Astavan Manurung; Mhd. Azhali Siregar; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.133

Abstract

This study examines the transition of rights over cultivated land to private ownership, focusing on Indonesian positive legal regulations and analyzing them from an Islamic legal perspective. The background to this research stems from the reality that much land in Indonesia, particularly ex-HGU (HGU) or abandoned land, has long been cultivated by communities without legal certainty. Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration provides a new legal framework that allows cultivators to obtain ownership rights to the land, provided they meet administrative and substantive requirements. The research method used is normative legal research with a statutory and conceptual approach, examining applicable positive legal provisions and Islamic legal principles related to land ownership and management. Under positive law, the process of transferring rights to cultivated land to ownership involves an inventory of the object and subject, verification of ownership, proof of continuous land management, release of rights from the previous party, and issuance of a certificate by the National Land Agency (BPN). Meanwhile, under Islamic law, land ownership can be obtained through the concepts of ihya' al-mawat (reviving dead land) and iqtha' (land granting by the ruler), with the basic principles of justice (al-'adl), benefit (al-mashlahah), and the prohibition of land abandonment. The analysis shows that the policy in Government Regulation No. 18 of 2021 is in accordance with sharia principles, especially regarding the granting of rights to cultivators who use the land productively and sustainably. The integration of positive law and Islamic law is expected to create a land system that is just, sustainable, and supports the welfare of the community. This study recommends that policy implementation be accompanied by strict supervision to prevent land speculation and ensure that land continues to be used for the common good.
LEGAL REVIEW OF NARCOTICS ABUSE AND PREVENTION EFFORTS Deni Karnius Zebua; Mhd. Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.135

Abstract

Drug abuse is a serious problem that impacts not only health but also social, economic, legal, and national security consequences. While narcotics have legitimate uses in medicine and research, they are often misused beyond these purposes, leading to dependency, impaired quality of life, and even threatening the future of the younger generation. This study examines two important aspects: efforts to prevent drug abuse and law enforcement against drug crimes in Indonesia. The method used is normative legal research with a conceptual approach, referring to laws and regulations, legal doctrine, and relevant literature. The results show that preventing drug abuse requires an integrated strategy through promotive, preventive, curative, rehabilitative, and repressive approaches. Promotive and preventive approaches serve to provide education and build public awareness from an early age, while curative and rehabilitative approaches play a role in helping addicts break free from dependence. On the other hand, a repressive approach is implemented to take firm action against producers, distributors, and users who violate the law. Furthermore, law enforcement against drug abuse is based on Law Number 35 of 2009, which stipulates severe criminal sanctions, including the death penalty, and requires rehabilitation for addicts. Law enforcement is carried out through penal and non-penal channels, involving law enforcement officials, rehabilitation institutions, and the wider community. Major challenges include internationally organized drug crime networks, weak oversight, and the potential for corruption among officials. Therefore, drug eradication cannot be left to one sector alone but must involve synergy between the government, law enforcement, families, schools, and the community. Comprehensive efforts that combine legal and health aspects are expected to reduce drug abuse rates and protect the nation's future generations from the threat of destruction.
Criminal Legal Aspects Of The Use Of Artificial Intelligence (AI) As A Means Of Fraud From The Perspective Of ITE Law Rudi Salam Tarigan; Mhd. Azhali Siregar; Rahmayanti , Rahmayanti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.143

Abstract

The rapid development of information and communication technology has brought about various innovations, one of which is artificial intelligence (AI). However, despite its benefits, AI also has the potential to be misused as a means to commit crimes, particularly digital fraud. This study aims to analyze the criminal law aspects of the use of AI as a tool for fraud crimes from the perspective of the Electronic Information and Transactions Law (UU ITE). The method used is a normative juridical approach by reviewing relevant laws and regulations, legal literature, and case studies. The results of the study indicate that although the ITE Law does not explicitly regulate the use of AI, criminal provisions in articles related to electronic fraud can be applied to perpetrators who use AI to defraud. Furthermore, there is an urgency for policymakers to formulate more comprehensive regulations to anticipate AI-based digital crimes. This study recommends the need for national legal updates that are adaptive to technological advances, as well as increasing the capacity of law enforcement officials in detecting and handling cybercrimes involving AI
Systematic Specialist Lex Principle in Determining State-Owned Bank Employees as Suspects on Charges of Corruption Azhar. AR; Mhd. Azhali Siregar; Suci Ramadhani
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

Study This aiming for to study implementation lex specialis principle systematic in determination suspect state-owned bank employee who is suspected do act criminal corruption. In Indonesia, it often happen overlap overlap between provision Constitution Banking and Law Action Criminal Corruption, which gives rise to uncertainty law and differences judge's decision. Lex specialis principle systematic emphasize election provision more laws specific moment happen clash between law. Approach research used is legal normative with method descriptive analytical, relying on studies bibliography and analysis decision courts, including Decision Supreme Court Number 2405 K/ Pid.Sus /2016. Research results show that provision Constitution Banking should more prioritized in context banking, although there is inconsistency in its implementation by the authorities enforcer law. The need for strengthening understanding to principles law criminal special and application lex specialis principle systematic in a way consistent for ensure certainty law and justice in the sector banking.
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