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Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa Ginting, Haryanto; Muazzul, Muazzul
Jurnal Ilmiah Penegakan Hukum Vol 5, No 1 (2018): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.

Tinjauan Hukum tentang Peralihan Hak Atas Tanah melalui Perjanjian Gadai di Bawah Tangan Pulungan, M. Teguh; Muazzul, Muazzul
Jurnal Ilmiah Penegakan Hukum Vol 4, No 2 (2017): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

Legal Review of Transition of Land Rights Through The Gift Agreement Under HandsAbstractThe aim of research is basically about what the legal consequences of the transfer of land rights are through the underhanded pawning agreement and the application of the law to the transfer of land rights through a pawn agreement under the hand. To discuss these issues, research is carried out in the literature and by carrying out case studies on the decisions of civil cases no. 13 / PDT.G / 2011 / PN-LP. A scientific study can be believed to be true if it is arranged with the right method. Arrangement of liens on the building land is contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land regulated by article 7 of Law No. 56 Prp 1960. Withdrawal of conclusions based on the results of the study of the case is the regulation of liens on the building land contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land.

Peran Reserse Kriminal Umum Sebagai Penyelidik Dalam Tindak Pidana Curat Dan Curas (Studi Di Polrestabes Medan) Hardiyanto, Hardiyanto; Marlina, Marlina; Muazzul, Muazzul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v2i2.132

This article discusses the problems regarding the factors causing the increase in criminal by theft robbery in Medan, what is the role of the General Criminal Agency of the Polerstabes Medan and what are the barriers Sin dealing with theft and robbery in the city of Medan. This study uses normative juridical legal research methods, with qualitative analysis. The data used are secondary data using primary legal sources. The results obtained in this study are that the cause of the increase in the level of criminal acts of theft and robbery is internal and external factors of the perpetrators of crime. General Criminal Agency Polrestabes Medan has a role as an investigator and investigator in criminal acts of theft and robbery that can use the authority given by the Criminal Procedure Code and police law. Obstacles obtained by criminal investigators can be categorized as barriers to juridical and non-juridical servitude.

Analisis Hukum Terhadap Peran Jurusita Pajak Dalam Pelaksanaan Penagihan Pajak Aktif Di Kantor Pelayanan Pajak Madya Medan Panjaitan, Monica Christina; Muazzul, Muazzul; Barus, Utary Maharani
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.870

The results of research and discussion explain the role of tax authorities in the implementation of active tax collection in the Medan Tax Office Medan to taxpayers after the first passive billing. Then in the implementation of active billing there are several stages in the implementation of billing, the issuance of warning letters, the issuance of forced mail, warrants foreclosure, and announcement of the auction. The procedure of execution of active tax collection by the tax authorities in Medan Tax Office Medan has been in accordance with the rules and applicable law. However, in terms of disbursement of tax arrears is still not optimal due to the realization of the target set has not been achieved.

Analisis Yuridis Tentang Kekerasan Terhadap Anak Didik Di Sekolah Dasar Negeri 21 Padang Sidempuan Lysha, Yeni; Marlina, Marlina; Muazzul, Muazzul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.871

This study examines the violence against students in SD Negeri 21 Padang Sidempuan School conducted by teachers, school friends. The forms of violence experienced by students in leaming and learning process are physical and verbal violence, and protection received by students as victims who experience violence and juridical decision taken by the judge to the perpetrators of violence. This study aims to firstly understand the form of legal arrangements for children and teachers; secondly, to know the occurrence of violence against students in primary school Padang Sidempuan, Third, to analyze the application of juridical law by judges on the verdict number 747 / pid.sus / 2015 / Pn psp to perpetrators of violence against students. This study uses normatical juridical research that is to analyze and explain and analyze normative provisions related to the research content. The method used is descriptive analysis with approach to review verdict number 747 / pid.sus / 2015 / pn psps. Data were collected through document studies and literature relating to violence against students and regulations or legislation. Then the data in the analysis is qualitatively normative and interpreted. The results of this study indicate that: 1) the form of arrangements for children and teachers in teaching and learning process refers and guided by Law Number 20 of 2003 on National education system that is, in Article 4 which contains the principles of education and Article 12 contains the rights and obligations leamers. 2) other forms of violence against students in primary schools that are often accepted are discrimination, perpetrated by teachers, sexual assault such as his ass, mocked, physical abuse in the form of physical punishment such as pinched, thrown using chalk, markers towards the face of students, beaten Thighs with ruler. They perpetrate violence to their students by reason of no discipline, noisy in the classroom, not doing the exercises or homework (homework) and not discipline in studying in the classroom .. 3) The application of the law by the judge on the verdict number 747 / pid, sus / 2015 / Pn psp to the perpetrators of violence is fair because the judge only sentenced with imprisonment 3 months and the defendant did not undergo the confinement because the defendant has been serving the trial period for 6 months

PERLINDUNGAN ANAK PERSPEKTIF HUKUM ISLAM (Sosiologi Hukum Islam Sebagai Pendekatan Pengkajian) Muazzul Muazzul; Andi Hakim Lubis
Journal of Gender and Social Inclusion in Muslim Societies Vol 2, No 1 (2021)
Publisher : Pusat Studi Gender dan Anak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jgsims.v2i1.9639

AbstrakKekerasan terhadap anak di Indonesia pun masih cukup tinggi. "Survei Kekerasan Terhadap Anak Indonesia 2013" dari Kementerian Sosial memperlihatkan bahwa kekerasan yang dialami anak laki-laki lebih besar dibandingkan anak perempuan. Jumlahnya mencapai hampir separuh populasi anak laki-laki, tepatnya 7.061.946 anak atau 47,74 persen. Pada anak perempuan, prevalensinya mencapai 17,98 persen (2.603.770 anak). Dilihat berdasarkan jenisnya, anak-anak Indonesia cenderung mengalami kekerasan emosional dibandingkan fisik. Sebanyak 70,98 persen anak laki-laki dan 88.24 persen anak perempuan pernah mengalami kekerasan fisik. Untuk kategori kekerasan emosional, sebanyak 86,65 persen anak laki-laki dan 96,22 persen anak perempuan menyatakan pernah mengalaminya. Anak-anak yang mengalami kekerasan tidak semuanya mendapatkan perlindungan secara hukum, hal ini dikarenakan keterbatasan lembaga hukum dan perlindungan anak, selain itu, pihak-pihak yang menjadi korban tidak ingin masalahnya diselesaikan secara hukum melainkan menganggap hal tersebut adalah hal biasa dalam kehidupan sehari-hari. Penelitian ini menggunakan pendekatan kualitatif, yaitu mendeskripsikan serta menganalisis bagaimana hukum Islam memandang perlindungan anak sekaligus dilihat dari sudut pandang sosiologi hukum islam. Pendekatan ilmu sosial merupakan penerapan ajaran Islam yang dilakukan di dalam kehidupan manusia. Pendekatan ini digunakan untuk memahami pola keagamaan seseorang dalam lingkungan masyarakat. Gejala tersebut bersifat lahir diteliti dengan menggunakan ilmu sosial seperti halnya sosiologi, antropologi dan lain-lain. Dengan menggunakan pendekatan sosiologis ini bertujuan untuk mengupas perilaku keagamaan seseorang dalam kehidupan bermasyarakat. Melalui pendekatan tersebut, maka agama dapatdengan mudah dipahami oleh masyarakat, karena turunnya suatu agama disebabkan untuk kepentingan sosial. AbstractViolence against children in Indonesia is still quite high. "Survey of Violence Against Indonesian Children 2013" from the Ministry of Social Affairs shows that the violence experienced by boys is greater than that of girls. The number reaches almost half of the male population, to be exact 7,061,946 children or 47.74 percent. In girls, the prevalence reached 17.98 percent (2,603,770 children). Judging by the type, Indonesian children tend to experience emotional violence compared to physical. A total of 70.98 percent of boys and 88.24 percent of girls have experienced physical violence. For the category of emotional violence, as many as 86.65 percent of boys and 96.22 percent of girls stated that they had experienced it. Children who experience violence do not all get legal protection, this is due to the limitations of legal institutions and child protection, in addition, the parties who are victims do not want the problem to be solved legally but consider it a normal thing in everyday life. This study uses a qualitative approach, namely describing and analyzing how Islamic law views child protection as well as from the perspective of the sociology of Islamic law. The social science approach is the application of Islamic teachings in human life. This approach is used to understand a person's religious pattern in the community. These symptoms are outwardly researched using social sciences such as sociology, anthropology and others. By using this sociological approach, it aims to explore a person's religious behavior in social life. Through this approach, religion can be easily understood by the community, because the decline of a religion is due to social interests.

Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa Haryanto Ginting; Muazzul Muazzul
Jurnal Ilmiah Penegakan Hukum Vol 5, No 1 (2018): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v5i1.1977

The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.

Tinjauan Hukum tentang Peralihan Hak Atas Tanah melalui Perjanjian Gadai di Bawah Tangan M. Teguh Pulungan; Muazzul Muazzul
Jurnal Ilmiah Penegakan Hukum Vol 4, No 2 (2017): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v4i2.1959

Legal Review of Transition of Land Rights Through The Gift Agreement Under HandsAbstractThe aim of research is basically about what the legal consequences of the transfer of land rights are through the underhanded pawning agreement and the application of the law to the transfer of land rights through a pawn agreement under the hand. To discuss these issues, research is carried out in the literature and by carrying out case studies on the decisions of civil cases no. 13 / PDT.G / 2011 / PN-LP. A scientific study can be believed to be true if it is arranged with the right method. Arrangement of liens on the building land is contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land regulated by article 7 of Law No. 56 Prp 1960. Withdrawal of conclusions based on the results of the study of the case is the regulation of liens on the building land contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land.

Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak M Syahputra Lubis; Sri Hidayani; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.502

Children are an inseparable part of human survival and the survival of the nation and state. In the Indonesian constitution, children have a strategic role that is expressly stated that the state guarantees the right of every child to survival, growth and development as well as protection from violence and discrimination. Therefore, the best interests of children should be lived out as the best interests for the survival of humanity. The legal consequences of criminal acts of theft committed by children are reviewed in accordance with Law No. 11 of 2012 and based on decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn is imprisonment for two years because child offenders are proven to have committed theft by violence. Consideration of the judge on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing punishments on the perpetrators of criminal acts of theft committed by children is that the acts committed have fulfilled the elements in the indictment, namely Article 365 paragraph 1 to 1e and the second Criminal Code, and consider incriminating matters, namely the actions of the perpetrators disturbing the community and harming the victim and considering mitigating matters, namely the defendant is polite and has never been punished.

Peranan Kepolisian Dalam Memberantas Tindak Pidana Pencurian Dengan Kekerasan Di Wilayah Patumbak (Studi Kasus Di Polsek Patumbak) Fransisco Lumban Batu; Taufik Siregar; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Violent theft is one of the diseases of society which merges with crime, which in the historical process from generation to generation turns out that the crime is a crime that harms and tortures others. This type of research is normative juridical that is by means of library research. The results of this study are the role of the Patumbak police in violent theft as stipulated in Article 365 of the Criminal Code, in accordance with the duties and authorities of the police, conducting investigations and investigations as well as arresting the perpetrators and processing in accordance with applicable legal provisions, the factors causing the crime of theft with violence in the Patumbak Sector Police Sector are due to economic factors, social factors and illegal drugs, education factors and also the lack of guidance. Obstacles in efforts to deal with violent theft due to the lack of police personnel in the field in the Patumbak Sector Police area, the ability of the police to handle cases is still lacking, the lack of tools needed by members of the National Police in handling cases and the vast area of the Patumbak Sector Police.

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