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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum Journal of Gender and Social Inclusion in Muslim Societies Proceeding International Seminar of Islamic Studies Law and Justice
Muazzul, Muazzul
Universitas Medan Area
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak (Studi Putusan No. 67/Pid.Sus-Anak/2017/PN. Mdn) Muhammad Syahputra Lubis; Sri Hidayani; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (723.742 KB) | DOI: 10.31289/juncto.v1i1.202

Abstract

In the Indonesian constitution, children have a strategic role that is explicitly stated that the state guarantees the right of every child to survival, growth and development and to protect against violence and discrimination. This type of research is normative juridical and is analytical descriptive in nature. The legal consequences of criminal acts of theft committed by children are reviewed in Law No. 11 of 2012 is a two-year prison sentence because a child offender is proven to have committed the crime of theft by force. Judge's considerations on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing penalties on perpetrators of theft perpetrated by children is that the acts committed have fulfilled the elements in the indictment namely Article 365 paragraph 1 to 1e and to the Criminal Code , and considering incriminating matters, namely the perpetrators' actions which disturb the community and harming the victims, and consider mitigating matters, namely the defendant being polite and has never been convicted
Kajian Hukum Terhadap Tindak Pidana Mengedarkan Obat Yang Tidak Memiliki Izin Edar (Studi Putusan Nomor : 1131/Pid.Sus/2018/PN.Mdn) Anggi Nadya Nasution; Muazzul Muazzul; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.318

Abstract

Crimes in the pharmaceutical field, which are related to drug distribution without circulation authorization, have occurred in many regions in Indonesia. The rise of the circulation of illegal drugs proves that Indonesia's defense is still weak from the invasion of things that endanger the community. This type of research is normative research and the nature of the study used is analytical descriptive. Data will be analyzed by qualitative methods. Based on data analysis conducted Legal arrangements regarding drug distribution licenses are in the Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number HK.00.05.1.23.3516 Concerning Circulars of Drug Products, Traditional Medicines, Cosmetics, Food Supplements, and Food Sourced, Containing , Of Specific Ingredients and Or Containing Alcohol, Law No. 8 of 1999 concerning Consumer Protection, Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number 24 of 2017 concerning Criteria and procedures for drug registration. Presidential Regulation (Perpres) Number: 80 of 2017 concerning the Food and Drug Supervisory Agency (BPOM).
Tinjauan Yuridis Kompetensi Absolut Pengadilan Sebagai Faktor Penyebab Tidak Dapat Diterimannnya Gugatan (Studi Kasus Putusan No 150/Pdt.G/2016/PN Lbp) Dejan Gumelar Raja Guk-Guk; Utary Maharany Barus; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (892.234 KB) | DOI: 10.31289/juncto.v1i1.191

Abstract

Every party who wishes to file a lawsuit must have sufficient legal interest. To overcome the deficiencies faced by justice seekers in fighting for their interests, Article 119 HIR / Article 143 RBG authorizes the Chair of the District Court (PN) to advise and assist the plaintiffs in filing their claims. This type of research is normative juridical namely a research that deductively begins the analysis of the articles in the legislation governing the problem. The legal provisions are that the Lubuk Pakam District Court in this case is to resolve inheritance disputes over land disputes which incidentally become the Absolute Competence of the Religious Court, because it is very caseistic of a case which will later be entered and examined by a Judge. Legal protection there are parties to a dispute related to the non-receipt of a lawsuit due to absolute competence in court that legal protection there are parties to a dispute related to the non-receipt of a lawsuit due to absolute competence in court equally as getting legal protection means that both parties receive equal treatment by the court.
Kajian Kriminologi Terhadap Tindak Pidana Pencurian Sepeda Motor Tri Fahtur Rohman; Muazzul Muazzul; Wessy Trisna
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.v3i1.505

Abstract

Criminology covers a wide and diverse range of studies, causing criminology to be an interdisciplinary study of crime. Criminology does not only stop at the description of events and forms of crime on the surface, but also reaches traces of the causes or roots of the crime itself both from individuals and from sources of social, cultural, political and economic conditions, including various government policies (including legal formulation and law enforcement). Theft is taking something, which is wholly or partly owned by someone else, with the intention of being owned illegally, factors causing the occurrence of theft include educational factor, economic factor, social factor. The problem in writing this thesis is how the legal process of the crime of theft of motor vehicles in the case of the decision number: 1381/Pid.B/2017/PNMdn and how to deal with the crime of motor vehicle theft. The method used is normative juridical, namely research focused on examining the application of applicable rules or norms in positive law. The type of normative juridical research is carried out by examining various formal legal rules such as laws, regulations and literature which contins theoretical concepts which are then related to the problems that will be discussed in this study.
Tindak Pidana Perjudian Dalam Tinjauan Hukum Pidana (Studi Kasus Putusan Nomor 491/Pid.B/PN Mdn Tahun 2017) Rio Pambudi; Aulia Rosa Nasution; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.321

Abstract

Gambling is basically a game where there are parties who bet each other to choose one choice among several choices where only one choice is correct and being a winner means that the player who loses the bet will give the bet to the winner. Gambling rules and bets are determined and agreed before the match starts. Talking about "Gambling" which is forbidden by religion, is also expressly prohibited by positive law. This can be seen from the provisions of article 303 of the Criminal Code, Jo. Law No.7 of 1974 concerning Control of Gambling Jo. PP.No. 1981 Jo. Presidential Instruction and Minister of Home Affairs Instruction No.5, April 1, 1981. The type of research used in writing this thesis is to use normative legal research methods. Normative legal research is research that studies the study of documents, namely using various secondary data such as statutory regulations laws, court decisions, legal theories, and can be in the form of opinions of scholars. As for efforts to prevent gambling so that it can be overcome, it is desirable for religious leaders and law enforcers to often conduct socialization such as lectures at places of worship so that they are aware that gambling is prohibited in any form.
Kajian Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Dilakukan Suami terhadap Isteri Ditinjau Dari Aspek Psikologi Kriminal Bela Safira Sinaga; Muazzul Muazzul; Wessy Trisna
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.v3i1.476

Abstract

Domestic violence is any act against someone, especially women, which results in physical, sexual, psychological, and / or neglect of the household, including threats to commit acts, coercion, or illegal deprivation of liberty within the scope of the household. The research method used is normative legal research with descriptive analysis research characteristics. Based on research on the role of criminal psychology against perpetrators of domestic violence committed by husbands against wives, there is a Psychiatric Visum et Repertum (VeR) which is made to explain a person's mental status using psychiatry and based on the results of psychiatric examinations for the benefit of law enforcement. As well as the law enforcement process against perpetrators of domestic violence if it is related to the criminal psychology of criminals. So it is hoped that criminal psychology can be a consideration for law enforcement officials in resolving a case. Both from the psychological side of the perpetrator and the victim's psychological, thus criminal psychology can be used as a benchmark in imposing punishment in accordance with the crime committed by the perpetrator in accordance with their psychology. Therefore, it is also hoped that law enforcers will understand psychological concepts.
Penegakan Hukum Pidana Terhadap Pelaku Kejahatan Tanpa Hak Membawa Senjata Tajam (Studi Putusan Nomor 3058/Pid.Sus/2021/Pn.Mdn) Hanisyah Irani Lubis; Aulia Rosa Nasution; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 1 (2023): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i1.1507

Abstract

In Indonesia itself, it has imposed a ban on possessing sharp weapons that can injure other people or even actions that are carried out under the pretext of self-protection. The use of sharp weapons for which the designation is not clear has the potential to lead to acts or criminal acts that are classified as crimes. The method used in this study is normative juridical, namely a research method that examines document studies, namely by using various data such as legislation, legal theory of court decisions. Indonesia Number 12 of 1951 Article 2 paragraph (1) which states that whoever carries, controls, keeps, hides, uses a stabbing weapon, or stabbing weapon, is punished with a maximum prison sentence of ten years and criminal law enforcement against perpetrators of crimes without rights. Bringing Sharp Weapons Based on Decision No. 3058/Pid.Sus/2021/PN.Mdn can be known by the judge's verdict which gave a criminal sentence of 10 (ten) months in prison.
Implementasi Asas Ultimum Remidium Terhadap Anak Sebagai Penyalahguna Narkotika (Studi Putusan Nomor 37/Pid.Sus-Anak/2022/PN Mdn) Waruwu, Noman Tuboiman; Frensh, Wenggedes; Muazzul, Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.1837

Abstract

Criminal sanctions should be an (ultimum remedium) last remedy if other criminal means are unable to overcome. Children who are caught in legal cases as drug abusers are not fully perpetrators and criminals who must be punished like adults. This study aims to determine the application of the ultimum remedium principle to children as drug abusers. The research method used is normative legal research method or also called library legal research or research that looks at library materials (secondary data). Normative legal research as a way to build a system of norms about principles, norms, legal rules, agreements, and doctrines, as well as court decisions. The results showed that the application of the ultimum remedium principle against children is the last resort and the imposition of punishment must be non-custodial.
ISLAMIC LAW PARADIGM OF EFFORT TO CHILDREN EDUCATIONAL PROTECTION Lubis, Andi Hakim; Muazzul, Muazzul; Mhd Hasbi, Mhd Hasbi
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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

Abstract

Central Bureau of Statistics data about the number of children out of school by level of education for the last 3 years showed that there are many children who do not go to school in Indonesia is still apprehensive. The number of children who are not in school From 2019 to 2021 for Elementary and the equivalent  is (0.85), (0.62), (0.65). Whereas Junior High School and the equivalent  in the same year are (6.92), (7.29), (6.77) and Senior High School and the equivalent  in the same year are (23.75), (22.32), ( 21,47). Meanwhile, Islamic teachings place great emphasis on protecting children because children are the next generation of the nation who can disseminate Islamic teachings based on the Quran and Hadith. This study used a qualitative approach which described and analyzed how Islamic law views child protection, especially regarding the fulfillment of children's educational rights. It resulted that the implementation of children's right to education are an important pillar for efforts to increase the degree of humanity and the advancement of human civilization which in Islam is known as hifz al-'aql (maintenance of reason). Islam teaches that education for every human being is very important. Everyone is required to study science until the end of his life. Allah SWT said in the Al-Mujadilah verse 11 which means "Allah will raise up to suitable ranks and degrees those of you who believe and who have been granted knowledge".
The Role of the Code of Ethics and Code of Conduct in Maintaining the Honor and Dignity of Judges Lubis, Andi Hakim; Zulyadi, Rizkan; Pinem, Serimin; Siagian, Fahrizal S.; Muazzul, Muazzul
Law and Justice Vol. 9 No. 1 (2024): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v9i1.4760

Abstract

The public has high expectations of judges and the judicial system, given that the judiciary is an institution authorized to decide cases and provide justice. However, in recent years, the public has been watching the behavior of judges and the quality of their decisions in adjudicating cases. Not a few judges' decisions invite criticism and cynicism, lead to public distrust, and form a considerable skepticism towards the judiciary. The research method used is normative legal research. This research is descriptive analytical. The data collection technique was carried out by means of literature study. The result of the research is that the role of ethical guidelines and judge behavior is needed in order to maintain and uphold the honor and dignity, as well as the behavior of judges. The code of ethics and behavior of judges is the core inherent in the profession of judges containing ethical and moral values, to realize a court that has good authority and dignity. Obstacles arise from within the judiciary itself, especially in relation to the lack of effective internal supervision, and the tendency to increase various forms of abuse of authority by judges. The implementation of the Code of Ethics and Code of Conduct for Judges must be carried out effectively without interference from various parties with interests. So as to be able to maintain the dignity, honor and nobility of the judicial profession.   Masyarakat memiliki ekspektasi yang tinggi terhadap hakim dan sistem peradilan, mengingat peradilan adalah lembaga yang berwenang untuk memutuskan perkara dan memberikan keadilan. Namun, dalam beberapa tahun terakhir, publik mencermati perilaku hakim dan kualitas putusannya dalam mengadili perkara. Tidak sedikit putusan hakim yang mengundang kritik dan sinisme, menimbulkan ketidakpercayaan masyarakat, dan membentuk skeptisisme yang cukup besar terhadap lembaga peradilan. Metode penelitian yang digunakan adalah penelitian hukum normatif. Penelitian ini bersifat deskriptif analitis. Teknik pengumpulan data dilakukan dengan cara studi kepustakaan. Hasil penelitian ini adalah peran pedoman etika dan perilaku hakim sangat diperlukan dalam rangka menjaga dan menegakkan kehormatan dan keluhuran martabat serta perilaku hakim. Kode etik dan perilaku hakim merupakan inti yang melekat pada profesi hakim yang mengandung nilai-nilai etika dan moral, untuk mewujudkan peradilan yang berwibawa dan bermartabat. Hambatan muncul dari internal lembaga peradilan sendiri, terutama terkait dengan belum efektifnya pengawasan internal dan kecenderungan meningkatnya berbagai bentuk penyalahgunaan wewenang oleh hakim. Penerapan Kode Etik dan Pedoman Perilaku Hakim harus dilakukan secara efektif tanpa adanya campur tangan dari berbagai pihak yang memiliki kepentingan. Sehingga mampu menjaga keluhuran martabat, kehormatan dan keluhuran profesi hakim.
Co-Authors Andi Hakim Lubis Anggi Nadya Nasution Asmuni Asmuni Aulia Rosa Nasution Bela Safira Sinaga Dejan Gumelar Raja Guk-Guk Fahrizal S.Siagian Fransisco Lumban Batu Ginting, Haryanto Hanisyah Irani Lubis Harahap, Mhd Yadhi Hardiyanto Hardiyanto Haryanto Ginting Lubis, Andi Hakim Lysha, Yeni M Syahputra Lubis M. Teguh Pulungan Marlina Marlina Mhd Hasbi, Mhd Hasbi Mubarak, Ridho Muhammad Syahputra Lubis Panjaitan, Monica Christina Pulungan, M. Teguh Revi Fauzi Putra Mina Rio Pambudi Rizkan Zulyadi Serimin Pinem Sri Hidayani Taufik Siregar Tri Fahtur Rohman Utary Maharani Barus, Utary Maharani Utary Maharany Barus Waruwu, Noman Tuboiman Wenggedes Frensh Wessy Trisna