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All Journal Fox Justi : Jurnal Ilmu Hukum Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) International Journal of Law and Society International Journal of Law, Crime and Justice International Journal of Sociology and Law 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 International Journal of Management, Economic and Accounting
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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Analysis of Criminal Investigation of Sexual Abuse Against Mentally Disabled Children at the Aceh Tengah Police Department Khairul Huda Rizka; Fitri Rafianti; Mhd. Azhali Siregar
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.v2i3.150

Abstract

This study aims to analyze the investigation process of child molestation crimes against children with mental retardation at the Central Aceh Police, as well as to identify inhibiting factors and efforts to overcome obstacles in its implementation. This study uses an empirical juridical approach with a focus on the effectiveness of the implementation of laws and regulations, such as Law Number 8 of 1981 concerning Criminal Procedure, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study indicate that investigations of child victims with intellectual disabilities still face various structural, technical, and cultural obstacles, including limited technical regulations, a lack of investigator competence in an inclusive approach, and the absence of supporting facilities. This leads to a distortion of justice that deviates from the principle of due process of law and the substance of juvenile justice. Within the framework of responsive legal theory and corrective justice, it is concluded that reform of investigative procedures for children with special needs is a legal and ethical necessity. Investigations must be based not only on the objective of formal evidence, but also on the imperative of protecting and respecting human dignity. Therefore, the state is required to be a real, impartial protector, not merely an enforcer of procedures.
Cybercrime and Its Countermeasures in the Indonesian Legal System Zakiul Fuad; Mhd. Azhali Siregar
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.v2i3.152

Abstract

The rapid development of information technology has provided many conveniences in people's lives, but has also opened up opportunities for cybercrime, one of which is phishing. Phishing is a form of digital fraud by impersonating a trusted party to obtain sensitive information such as personal data and financial credentials. In Indonesia, the rise in phishing cases poses a serious threat to national digital security, especially with the low level of digital literacy in the community. This study aims to evaluate the effectiveness of the Electronic Information and Transactions Law (UU ITE) in dealing with phishing crimes and identify the main obstacles in its enforcement. The method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that normatively, the ITE Law contains several relevant articles to ensnare phishing perpetrators, such as Article 28 paragraph (1), Article 30, and Article 35. However, its effectiveness in practice is still limited due to the lack of an explicit definition of phishing, the difficulty of digital evidence, the weak capacity of law enforcement officers, and the lack of integration of handling mechanisms between agencies. Furthermore, the cross-border nature of phishing adds jurisdictional complexity and demands more intensive international cooperation. Therefore, legal reform is needed through the formulation of specific articles on phishing, strengthening the technical capacity of law enforcement agencies, and developing implementing regulations that support a swift and adaptive legal response to the dynamics of digital crime
The Imposition of Criminal Sanctions on Perpetrators of Pedophilia in the Indonesian Legal System Tarmina , Tarmina; Fitri Rafianti; Mhd. Azhali Siregar
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.v2i3.154

Abstract

This study examines the effectiveness of legal regulations in Indonesia in imposing criminal sanctions on perpetrators of pedophilia and formulates recommendations for legal reform to strengthen child protection in the future. The study uses a normative juridical approach that focuses on the study of written legal norms, particularly provisions in the Criminal Code (KUHP), Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 of 2014, and Law Number 17 of 2016 which introduced additional penalties in the form of chemical castration. The results of the study indicate that normatively the existing regulations are quite progressive, as seen from the increase in the minimum criminal penalty of five years and a maximum of fifteen years, increased sentences for perpetrators who have a special relationship with children, the introduction of restitution for victims, and additional special penalties. However, the effectiveness of these regulations still faces several obstacles, including a weak understanding of the characteristics of pedophilia among law enforcement officials, disparities in sentencing, limited restitution mechanisms, and minimal psychological protection for child victims in the judicial process. This study recommends several legal reform measures, including codifying specific laws regarding child protection, strengthening the explicit definition of pedophilia in the law, classifying criminal offenses based on severity, automated mechanisms for granting restitution, utilizing technology to protect victims in court, and strengthening rehabilitation programs for perpetrators with mental disorders. Furthermore, harmonizing national regulations with international instruments such as the Convention on the Rights of the Child is also crucial to ensure child protection standards align with global commitments. By implementing these reforms, it is hoped that the Indonesian legal system will not only serve to punish perpetrators but will also be able to deliver substantive justice by guaranteeing the recovery, protection, and best interests of children as victims of pedophilia
The Role Of The Police In Combating Terrorism Crimes Gilang Gemilang; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Askamaini Askamaini
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.108

Abstract

The existence of the police is essential in overcoming criminal acts of terrorism, because the police are structured in such a way from the regions to the center and are also in accordance with the duties and functions of the police in creating public security and enforcing the law. The problem raised in this research is: what are the steps taken by the National Police in tackling criminal acts of financing terrorism? What are the obstacles to the National Police in dealing with criminal acts of terrorism?This research is directed towards normative, or doctrinal, juridical legal research which is also referred to as library research or document study, because it is mostly carried out on secondary data in libraries. The results of the research and discussion explain the role of the National Police in overcoming criminal acts of terrorism, namely maintaining public security and order, which is a dynamic condition of society as one of the prerequisites for implementing the national development process in order to achieve national goals which are characterized by ensuring security, order and the rule of law, as well as fostering it. peace, which contains the ability to foster and develop the potential and strength of society in warding off, preventing and overcoming all forms of law violations and other forms of disturbance that can disturb society. The National Police's efforts to tackle terrorism include repressive efforts, preventive efforts and preemptive efforts. The obstacle for the National Police in tackling terrorism is that it is hampered by the synergy of cross-sectoral cooperation, namely between the police, regional government and other related agencies.
Criminal Liability Of Actors Who Participate In Terrorism Criminal Acts In Indonesia Sri Utami; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Darma Setiawan; Juita Novalia Br Barus
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.120

Abstract

The crime of terrorism is a form of crime with an international dimension that is very frightening to the public. Terrorism is a crime against humanity which is classified as an extraordinary crime because it has succeeded in creating chaos based on religion, sect or organization. This crime against humanity is regulated in Law of the Republic of Indonesia Number 5 of 2018 concerning Terrorism Crimes. Terrorist networks that are difficult to trace and have wide access make the problem of terrorism difficult to eradicate. Easy access between countries is one of the reasons why it is difficult to break the chain of terrorist networks. So efforts are needed through bilateral, regional and international cooperation to eradicate terrorism. The research method used in this paper uses normative legal research based on legal theories. By taking a legislative approach through literature study. This research aims to find out what causes perpetrators to commit criminal acts of terrorism and to find out what form of criminal law accountability exists for perpetrators who participate in criminal acts of terrorism in Indonesia.
JURIDICAL REVIEW OF THE IMPOSITION OF CRIMINAL SANCTIONS AGAINST NARCOTICS TRAFFICKING PERPETRATORS AS AN EFFORT TO ERADICATE DRUGS (Decision Study Number: 327/Pid.Sus/2023/PN.Mdn) Berry Prima; Mhd. Azhali Siregar
International Journal of Management, Economic and Accounting Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Narcotics crimes have recently become more and more common. Law Number 35 of 2009 concerning Narcotics does not provide a specific definition of the categories of users, sellers, dealers and dealers. The law only makes formulations about the types of drugs, there are many. This is sometimes a bit confusing in determining who owns the illegal goods. In reality, in the field, people who are just users even though in large numbers with dealers and owners and bookmakers overlap. In this case, Decision Number: 327/Pid.Sus/2023/PN.Mdn. imposes the death penalty on suspects as narcotics dealers in accordance with the provisions in article 114 paragraph (2) of Law Number 35 of 2009 concerning Narcotics. The methodology used in this study is normative legal research, using a statutory and philosophical approach. The result of this study is that the death penalty is a threatened criminal sanction and is the heaviest penalty against narcotics dealers, regulated in article 114 paragraph (2). Evidence Used by Investigators to Identify Suspects of Narcotics Abuse Similar to other criminal evidence, in the abuse of narcotics, the evidence used is also in accordance with the provisions of Article 184 of the Criminal Procedure Code which states that: "Valid evidence is: a. Witness statement b. Expert testimony c. Letter d. Instructions e. Defendant's statement. The application of the provisions of Article 114 paragraph 2 concerning narcotics trafficking, the sanction is the death penalty against narcotics dealers regulated in Law Number 35 of 2009 concerning Narcotics, technically contained in article 114 paragraph (2) and article 119 paragraph (2). Narcotics dealers are those who are proven in terms of the act of offering to sell, selling, buying, being an intermediary in buying and selling, exchanging, handing over or receiving narcotics by fulfilling the types and conditions, as well as the amount or level of narcotics they have.
Implementasi Rehabilitasi terhadap Narapidana Narkotika dalam Pembinaan di Lembaga Pemasyarakatan Kelas Iib Lubuk Pakam Jumaga Sihombing; Mhd. Azhali Siregar; T. Riza Zarzani
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.4459

Abstract

The coaching system for drug convicts is carried out in correctional institutions, where Correctional Institutions are a form of criminal punishment (imprisonment). In the rehabilitation process, victims of narcotics abuse are not objects but subjects. Criminal punishment (punishment) is not merely giving suffering to deter, but an element of guidance and coaching with the aim that lawbreakers can realize their mistakes and not repeat their actions again, and can return to society and carry out their social functions properly. The purpose of this study was to find out the concept of fostering convicts through rehabilitation, Implementation of Rehabilitation of Narcotics Prisoners in Lubuk Pakam Class II B Prison, Effectiveness of implementing Narcotics Rehabilitation in Lubuk pakam Class II B. This research is included in the descriptive research with the type of empirical juridical research using qualitative analysis methods.From the results of the research it is known that the concept of rehabilitation in the process of coaching prisoners is aimed not only at the mentality of prisoners but also treating dependence on narcotics themselves so that prisoners can recover physically and mentally. Implementation of rehabilitation is based on the provisions of Law Number 35 of 2009 concerning Narcotics and several rules for the implementation of rehabilitation, the Implementation of Fehabilitation in the Class IIB Lubuk Pakam Penitentiary includes medical rehabilitation and social rehabilitation. The implementation of medical rehabilitation includes the Health Examination Stage, the Detoxification Stage, the mental and emotional stability stage of the sufferer. While social rehabilitation includes personality development and independence development and the application of medical rehabilitation and social rehabilitation at the Lubuk Pakam Class IIB Penitentiary is quite effective in reducing the repetition rate (recidivist) of convicts who have completed their sentence, convicts who have served a period of detention have recovered from dependence on narcotics, but the environment outside the prison can affect the re-use by inmates.
Optimalisasi Pelaksanaan Pembinaan Narapidana dalam Merubah Perilaku Warga Binaan : (Studi di Lembaga Pemasyarakatan Pemuda Kelas III Langkat) Sarah Febyola; Mhd. Azhali Siregar; Abdul Razak Nasution
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.4460

Abstract

Optimization of the justification for the establishment of prisoner guidance so far, is based on policies that maintain the types of criminal penalties as regulated in Article 10 of the Criminal Code. Prisoner guidance is one type of sanction in criminal law that is often used as a means to overcome crime problems. The use of prisoner guidance as a means to punish perpetrators of criminal acts began in the late 18th century which was based on the ideology of individualism and the humanitarian movement. Prisoner guidance increasingly plays an important role and shifts the position of the death penalty and corporal punishment which are considered cruel.In general, the image of prison is a very scary place, not getting good food, sleeping on the floor and being bitten by mosquitoes, there is torture and it is very uncomfortable, it is difficult to communicate with the outside world and family, there is no entertainment and suffering and limited in everything. Teguh Prasetyo, explained that prison gives an image to the general public, as a place where criminals are deprived of their freedom and tortured and employed or trained so that they can form good behavior and character after leaving prison. Therefore, the image was changed to prisoner development. The image of prison that gives a scary image to the general public, aims to provide a deterrent element for criminals, so that they become aware and change their evil attitudes and behavior. Based on the background above, the following problem formulation is determined: How to Optimize the Implementation of Prisoner Development in Changing Behavior Towards Inmates?. This research is an empirical legal research, which examines the optimization of the implementation of prisoner guidance in changing the behavior of inmates carried out at the Class III Langkat Youth Penitentiary. The implementation of empirical legal research aims to see the empirical conditions of the optimization of the implementation of prisoner guidance in changing the behavior of inmates at the Class III Langkat Youth Penitentiary, as well as its influence on changes in prisoner behavior.
Recovery Efforts for Victims of Terrorism Crimes in Indonesia Mula Sihombing; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Welli Nirpa Pasaribu; Delianto Habeahan
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.138

Abstract

Terrorism is a criminal act that poses a serious threat to the sovereignty of every country which can pose a danger to security, world peace and disrupt the welfare of society. A crime that has an extraordinary traumatic impact on the victim so that it requires efforts to recover from the crime of terrorism. In this case, the role of the state is really needed in order to provide the rights of the victims of this crime. The purpose of this research is to find out what efforts are being made to help the recovery of victims of criminal acts of terrorism in Indonesia and to find out what obstacles are faced when making efforts to recover victims of criminal acts of terrorism in Indonesia. The research method used is a normative legal research method which uses library materials as main data, namely secondary legal materials. Then the legal materials are analyzed descriptively qualitatively to obtain results and conclusions from the problem formulations that have been determined. The results of this research indicate that efforts to recover or medically treat victims of terrorism continue to use the same legal basis as the disaster law which has the authority to provide assistance to victims in hospitals. Because all victims of criminal acts of terrorism are the responsibility of the government, which in practice always faces many obstacles.
Legal Protection of Children Involved in Crime of Terrorism Prananta Garcia Ginting; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Ongku Sapna Fella Hasibuan; Daniel Edward H Situmorang
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.147

Abstract

Terrorism is a crime related to humanity accompanied by serious threats that have an impact on the integrity and sovereignty of a country. In Indonesia itself, criminal acts of terrorism are a serious problem. Because in their implementation they not only involve adults but also involve children who do not know or understand anything about terrorism. Children as victims of criminal acts of terrorism really need legal protection so that these children can get their rights back. The research method used in this paper uses normative legal research methods. Meanwhile, the technique for collecting legal materials is carried out by conducting a literature study of secondary legal materials. Then, based on legal theories, it is analyzed qualitatively to obtain conclusions from the problem formulations that have been determined. This research aims to find out the process of handling children involved in criminal acts of terrorism and to find out what form of legal protection is given to children involved in criminal acts of terrorism. The results of this research indicate that the process of handling children involved in criminal acts of terrorism is carried out by implementing the Juvenile Criminal Justice System with the conceptrestorative justiceand children will receive protection from violence and discrimination, namely guaranteeing the protection of children's rights to live, grow, develop and participate optimally in accordance with human dignity.
Co-Authors Abdul Razak Nasution Abdul Razak Nasution Abdur Rahman Sirait Agustira Sitorus Amriza Putra Askamaini Askamaini Asmita Br. Sitepu Azhar. AR Bambang Fitrianto Berry Prima Berton Lumban Tobing Daniel Edward H Situmorang Darma Setiawan Delianto Habeahan Deni Karnius Zebua Diana Gultom Diki Jan Ramadana Tarigan Febrianda, Febrianda Fitria Ramadhani Gilang Gemilang Henky Dalimunte Henry Aspan Herman , Herman Ivan Astavan Manurung Juita Novalia Br Barus Jumaga Sihombing Khairul Huda Rizka Mula Sihombing Nadya Prameswari Ongku Sapna Fella Hasibuan Padma Putra Solihandhana Prananta Garcia Ginting Rafianti, Fitri Rahmayanti , Rahmayanti Rian Afriandi Putra Rivi Hamdani Lubis Roslina Tiur Melia Rudi Salam Tarigan Sarah Febyola Sri Rahmadani SRI UTAMI Suci Ramadhani Tarmina , Tarmina Teguh Hidayat Siregar Tengku Riza Zarzani N Welli Nirpa Pasaribu Yasmirah Mandasari Saragih Yossri Mantaw Sihombing Yusuf Sitinjak Zakiul Fuad