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All Journal Jurnal Sosial Politik dan Hukum
Achmad Zulfikar Siregar
Fakultas Syari’ah dan Hukum, Universitas Islam Negeri Sumatra Utara
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Profesi Guru Abdillah Tarigan; Achmad Zulfikar Siregar
Jurnal Sosial Politik dan Hukum Vol. 1 No. 01 (2024): Jurnal Sosial Politik dan Hukum
Publisher : Jurnal Sosial Politik dan Hukum

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Legal protection for educational institutions is like teachers interpreted as efforts made by the government to protect teachers and other education personnel in carrying out their professional duties, both protection in legal, welfare, professional, and social aspects. Through research conducted in a normative juridical manner, this study concluded that legal protection for teachers in the educational process related to violent crimes has been fully regulated in various laws such as Law Number 14 of 2005 concerning Teachers and Lecturers and Government Regulation Number 74 of 2008 concerning Teachers. Where explained in both laws, punishment or sanction of students for the purpose of teaching by teachers is not a violent crime. Legal protection of teachers in the educational process related to acts of violence in the field of education should be applied using penal policies and non-penalty policies. The use of the policy by looking at the factors and background of criminal acts in the field of education occurs, especially by considering the purpose of the teaching process carried out by teachers.
Penerapan Sanksi Pidana Sesuai Ketentuan KUHP Terhadap Pelaku Aborsi Yolanda Hendartin; Achmad Zulfikar Siregar
Jurnal Sosial Politik dan Hukum Vol. 1 No. 01 (2024): Jurnal Sosial Politik dan Hukum
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This study aims to analyze the application of criminal sanctions in accordance with the provisions of the Criminal Code (KUHP) against abortion perpetrators in Indonesia. Abortion, which is defined as the termination of a pregnancy before the fetus is capable of living outside the womb, is unlawful except under certain conditions provided for by law. This research uses normative juridical methods with a statutory approach and case analysis. Data was collected through literature studies and related legal documents. The purpose of making this article is to contain the responsibility of perpetrators of abortion acts that are not in accordance with ARTICLE 75 PARAGRAPH (2) OF LAW NUMBER 36 OF 2009 CONCERNING HEALTH. The results showed that the application of criminal sanctions against abortion perpetrators depends largely on the circumstances and conditions behind the act, as well as the judge's interpretation of the applicable law. In addition, the study found a need to clarify and update legal provisions related to abortion in order to increase legal certainty and fairness. It is hoped that the results of this research can contribute to the development of criminal law in Indonesia related to handling abortion cases.
Perkembangan Hukum Perdata Di Indonesia Mhd Fikri Muzaki; Achmad Zulfikar Siregar
Jurnal Sosial Politik dan Hukum Vol. 1 No. 01 (2024): Jurnal Sosial Politik dan Hukum
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Changes and developments in civil law arise because law is dynamic, this is also influenced by human civilization which is increasingly shifting along with technological developments and global warming. Civil law is essentially closely related to strengthening the internal supervisory function which replaces the external supervisory function. The development of modern civil law is because its basis is always related to the relationship between the government regime and society, so that it can strengthen society's participatory role in certain aspects. One form of modernization of civil law that is developing includes; Contract agreement law, consumer protection law, and labor law, as a form of strengthening internal functions related to external control functions.
Sosiologi Hukum Dan Hubungan Hukum Terhadap Perubahan Sosial Iqbal Harry Wibowo; Achmad Zulfikar Siregar
Jurnal Sosial Politik dan Hukum Vol. 1 No. 01 (2024): Jurnal Sosial Politik dan Hukum
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Simple and modern society urgently need a legal system that regulate the interaction between one another. Organized community life based on social norms and regulations established institutional. However, other forms of social life does not always run normally in accordance with social norms and regulations existing institutional. Thus social change is a necessity in society. Social change is closely related to the law. Law has a very close correlation with social change as between law and social change have interdependencies. On the one hand, the social changes must be in line with the rules of law, and on the other hand, precisely the rules of law which must conform to certain social changes.
Kedudukan Pancasila Dalam Sumber Segala Sumber Hukum Mhd Ferdiwansyah; Achmad Zulfikar Siregar
Jurnal Sosial Politik dan Hukum Vol. 1 No. 01 (2024): Jurnal Sosial Politik dan Hukum
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Pancasila as the source of all legal sources has gained juridical legitimacy through TAP MPR Number XX / MPR / 1966 concerning the Momerendum DPR-GR concerning the source of legal order of the Republic of Indonesia and the order of the laws and regulations of the Republic of Indonesia. After the reform, the existence of pancasila was reaffirmed in Law Number 12 of 2011 concerning laws and regulations. Pancasila as the source of all sources of law means that the national legal system must dutch pancasila. However, the existence of the pancaila is increasingly eroded in the national legal system. This is based on several factors, namely: the resistance to the New Order which uses pancasila as a tool for the perpetuation of authoritarian power. The strengthening of pluralism makes contradictions or disharmonization arise in law. Pancasila is also often only used as a symbol of law. For this reason, efforts need to be made to implement pancasila as the source of all laws in the national legal system, namely: making pancasila a legal view so that there are no more legal contradictions due to the application of legal pluralism. Pancasila must have a position as the top of laws and regulations so that pancasila has binding power against all types of laws and regulations so that it does not violate the principle of lex superiori derogate legi inferiori.
Co-Authors Abdillah Tarigan Iqbal Harry Wibowo Mhd Ferdiwansyah Mhd Fikri Muzaki Yolanda Hendartin