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Agung Suharyanto
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INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
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Articles 312 Documents
Peran Advokasi Serta Bantuan Hukum Dalam Perlindungan Santri yang Mendapatkan Kekerasan di Pondok Pesantren Ismaidar, Ismaidar; Nasution, Ahmad Ridwan; Dhillon, Erick Singh
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.15710

Abstract

Violence against students in Islamic boarding schools (pesantren) is a phenomenon that requires serious attention, considering that Islamic boarding schools are religious-based educational institutions that are supposed to uphold moral values, ethics, and the protection of human rights. This study aims to analyze the role of advocacy and legal aid in providing legal protection for students who are victims of violence in Islamic boarding schools. The research method used is normative juridical research with a legislative approach and a sociological approach, through literature study and field data collection in the form of interviews and documentation. The results of the study indicate that advocacy and legal aid play a crucial role in ensuring the fulfillment of the rights of students as victims, both in the reporting process, legal assistance, and psychological recovery. However, their implementation still faces various obstacles, including a lack of legal understanding in Islamic boarding schools, the existence of strong power relations, and stigma against victims. Therefore, it is necessary to strengthen the role of legal aid institutions, increase legal awareness, and synergy between Islamic boarding schools, law enforcement officials, and the community to realize effective and equitable legal protection for students who are victims of violence.
Analisis Kebijakan Pemerintahan Desa dalam Menangani Tindak Pidana Penyalahgunaan Narkotika di kalangan Remaja di Desa Sei Buluh Kecamatan Perbaungan Kabupaten Serdang Bedagai Daulay, Raja Martua; Muhlizar, Muhlizar; Joharsyah, Joharsyah
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.15914

Abstract

This study examines village government policies in addressing drug abuse among adolescents. The study, conducted in Sei Buluh Village, Perbaungan District, Serdang Bedagai Regency, has seen a steady increase in the use of narcotics and illegal drugs (Narkoba) over the past five years. This study used a qualitative descriptive method. Research data were collected through a literature review that included reviewing and analyzing books, articles, texts, and relevant laws and regulations. Collect instruments such as interviews with relevant parties involved in the study. Then, the types and sources of data were categorized into two main types: primary data and supporting data. In order to process the research data, the researcher applied qualitative analysis techniques, namely data reduction, data presentation, and drawing and verifying conclusions. The results of the study indicate that the Sei Buluh Village government has taken concrete steps in developing local policies aimed at preventing drug abuse among adolescents. This demonstrates a serious effort in maintaining the security and welfare of village residents. In addition to prevention efforts, the village government must also maintain order by involving security forces and law enforcement in handling cases of drug abuse.
Analisis Peran Penyidik Pegawai Negeri Sipil Dalam Penanganan Kasus Perniagaan Dan Peredaran Satwa Yang Dilindungi Dalam Dan Luar Kawasan Hutan (Studi Kasus Di Seksi I Balai Gakkum Wilayah Sumatera Utara) Junaidi, Junaidi; Joharsyah, Joharsyah; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16115

Abstract

Analysis of the Concrete Role of Civil Servants in Handling Cases of Trade and Distribution of Protected Wildlife Within and Outside Forest Areas (Case Study in Section I of the North Sumatra Regional Law Enforcement Agency). This study aims to determine the role of civil servant investigators in Section I of the North Sumatra Regional Law Enforcement Agency in eradicating the crime of protected wildlife trade and also to identify the obstacles experienced by civil servant investigators in Section I of the North Sumatra Regional Law Enforcement Agency in preventing cases of trade and distribution of protected wildlife in North Sumatra. The type of research used is normative juridical research and an empirical juridical approach. Based on the results, it can be concluded that the role of civil servant investigators (PPNS) has a significant responsibility in carrying out investigations, inquiries, and law enforcement for violations of laws and regulations governing the protection and preservation of protected wildlife.
Analisis Hukum Dispensasi Perkawinan Anak di Bawah Umur (Studi Pengadilan Agama Medan) Hamid, Abdul; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16117

Abstract

Legal Analysis of Marriage Dispensation for Minors (Medan Religious Court Study). This study aims to determine the legal provisions regarding Marriage Dispensation for Minors based on PERMA Number 5 of 2019 and other related regulations; to determine the considerations of Medan Religious Court judges regarding the granting of Marriage Dispensation for those who are granted and those who are rejected; and to determine the legal protection for minors who are applying for marriage dispensation. The research method employed in this study is qualitative, utilizing a normative legal approach. The research approaches used are the statute approach and the case approach. The results of the study indicate that the implementation of Perma Number 5 of 2019 prioritizes the best interests of children, specifically in relation to health risks to women's reproductive health. The decision to grant marriage dispensation must include a comprehensive evaluation of the child's physical health and educational readiness, as well as the long-term impacts that may arise from early marriage; and legal protection for minors who apply for marriage dispensation as reviewed from Law Number 16 of 2019 concerning marriage, does not reflect legal protection for the community, due to the low age limit stipulated in the Law.
Analisis Yuridis Terhadap Eksekusi Putusan Kewajiban Pemberian Nafkah Anak di Bawah Umur Akibat Perceraian Orang Tua (Studi Pengadilan Agama Medan) Marilin, Eka Irwan; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16145

Abstract

Living together is an essential characteristic of human existence, including within the family context. However, divorce often raises issues related to the fulfillment of children's rights, particularly child support. This study aims to: 1) analyze the legal provisions regarding the execution of child support decisions for minors as a consequence of divorce; 2) examine the mechanism for implementing child support decisions in religious court practice; and 3) identify the obstacles faced by Religious Courts and their implications for the protection of children's rights. The study used a case study approach with qualitative descriptive methods. Data were obtained through interviews and observations with authorities at the Medan Religious Court, including judges, court clerks, junior law clerks, and bailiffs. The results indicate that obstacles to the execution of child support decisions are influenced by internal and external factors. Internal factors include the judge's limited authority to compel the losing party and the formalistic and time-consuming execution procedures. External factors include low legal awareness, weak economic conditions, bad faith on the part of the party owing child support, and limited supervisory facilities. These obstacles impact the effectiveness of post-divorce child rights protection.
Analisis Penguatan Pencegahan Kejahatan (Crime Revention) Melalui Pemolisian Masyarakat (Community Policing) guna Memantapkan Pemeliharaan Keamanan Dan Ketertiban Masyarakat Hartanto, Dadang; Setyo I, Yustinus; Hamid, Supardi; Yundini, Yundini; Lubis, Rahmadsyah
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16152

Abstract

This study aims to analyze the strengthening of crime prevention through community policing to strengthen the maintenance of public security and order. This research method is This study uses a qualitative approach. A qualitative approach is used to see how policies, programs, and activities reflect the strengthening of crime prevention through community policing in maintaining public security and order. The method used in empirical research. Data collection techniques through document studies and through questionnaires that will be distributed via Google Forms. Next, data analysis is carried out with the stages of data reduction, data presentation, and drawing conclusions. The results of this study found that the jurisdiction of the Riau Regional Police Headquarters has implemented strengthening of crime prevention through community policing by synergizing with various levels of society. All police ranks from the Polsek level to the Polres level have carried out this task. Strengthening crime prevention has been directed at increasing organizational and personnel capacity. The large number of tasks that are not actually the main tasks of functional units still poses an obstacle in the implementation of the implementation of the strengthening results that have been built and worked on. The crime prevention methods used still tend not to fully adapt to the local context and are still strongly oriented towards the methods developed at the Riau Regional Police Headquarters.
Analisis Yuridis Perlindungan Konsumen Dalam Produk Halal Berdasarkan UU No 33 Tahun 2014 Tentang Jaminan Produk Halal (Studi Pada Lembaga Pembela Konsumen Negeri) Lubis, Andi Nursin; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16239

Abstract

This research focuses on a legal analysis of consumer protection in halal products based on Law No. 33 of 2014 concerning Halal Product Assurance (UU JPH), with the study locus at the State Consumer Defense Institute (LPKN). The problems studied cover three main aspects, namely: legal regulations regarding halal product assurance in Indonesia, normative weaknesses still inherent in the JPH Law, and obstacles faced by LPKN in protecting consumers in dispute resolution. The research methodology uses a normative and empirical legal approach supported by a statute approach and literature study. Data sources consist of primary legal materials in the form of laws and regulations, secondary legal materials in the form of literature and scientific works, and tertiary legal materials functioning as supporting analysis. The analysis technique is carried out qualitatively with grammatical, systematic, and historical interpretations, resulting in the construction of comprehensive legal arguments. The research findings indicate that the JPH Law stipulates the obligation of halal certification for all products circulating in Indonesia, with the technical implementation function being held by the Halal Product Assurance Organizing Agency (BPJPH) and the authority to issue fatwas being delegated to the Indonesian Ulema Council (MUI). The results of this study emphasize the importance of strengthening a more transparent halal product assurance system, decentralizing authority in the certification process, and increasing the capacity of consumer protection agencies. Public education regarding the significance of halal certification also needs to be promoted to strengthen Muslim consumer protection and ensure legal certainty in trade practices.
Perlindungan Hukum Terhadap Pegawai Pengelola Anggaran Atas Kesalahan Administrasi Yang Menyebabkan Kerugian Negara (Studi Pada Dinas Ketahanan Pangan, Tanaman Pangan Dan Hortikultura Provinsi Sumatera Utara) Husna, Wardatul; Sahbudi, Sahbudi; Arif, Zuhri
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16242

Abstract

The background of this research is based on the many cases of state losses arising from administrative errors by employees, which are often not based on intent, but have the potential to result in criminal sanctions. The purpose of this research is to determine the form of legal protection for budget management employees who commit administrative errors, analyze the mechanism for resolving state losses, and examine the efforts of the Food Security, Food Crops and Horticulture Service of North Sumatra Province in preventing administrative errors. This research uses an empirical juridical method with a statutory approach and a case approach, through literature studies, observations, and interviews with relevant sources. The results show that legal protection for budget management employees is provided through the principle of **ultimum remedium**, the principle of presumption of innocence, and the provisions of Law Number 30 of 2014 concerning State Administration. The mechanism for resolving state losses prioritizes administrative channels and claims for compensation (TP-TGR), while criminal channels are only taken if there is evidence of abuse of authority or malicious intent. The North Sumatra Food Security, Food Crops, and Horticulture Agency is working to improve employee competency through training, implementing a government internal control system (SPIP), and implementing multi-layered oversight to minimize administrative errors.
Analisis Hukum Peran Kepala Desa Sebagai Mediator Perdamaian Desa dalam Menyelesaikan Sengketa Rumah Tangga (Studi pada Kantor Kepala Desa Deli Muda Hulu) Pertiwi, Dian; Sahbudi, Sahbudi; Muhlizar, Muhlizar
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16243

Abstract

As the lowest level of government, the village plays a crucial role in maintaining order and resolving conflicts within the community. One of the Village Head's obligations, as stipulated in Law Number 6 of 2014 in conjunction with Law Number 3 of 2024, is to resolve disputes arising within the village, including domestic disputes. In Deli Muda Hulu Village, the high divorce rate reported by the Seirampah Religious Court indicates that domestic disputes are a serious issue. This underscores the importance of the Village Head's role as a peace mediator before disputes escalate to litigation. The study found that the Village Head of Deli Muda Hulu played a significant role as a communication facilitator and informal mediator, prioritizing deliberation and family values. Conflict resolution through village mediation can prevent escalation of disputes, maintain family honor, and preserve local community values. However, several weaknesses exist, both from the perspective of the litigants—such as lack of adherence to agreements and high emotional factors—and from the perspective of the village, such as limited legal authority, insufficient mediation capacity, and minimal official documentation. Village mediation agreements have the legal force of a private civil agreement, but lack enforceable power. Therefore, this study recommends the need to improve the capacity of village heads, more systematic documentation of mediation results, and the establishment of Legal Aid Posts (Posbakum) in villages. Posbakum is expected to strengthen legal aspects, provide legal education, and assist communities to ensure that mediation outcomes are fairer, more effective, and in accordance with the principles of legal protection.
Analisis Hukum Terhadap Putusan Pengadilan Mengenai Gugatan Ditolak karena Itikad Tidak Baik dalam Mediasi Kameria, Cica; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16244

Abstract

The background to this research is a court ruling rejecting a lawsuit because the plaintiff failed to demonstrate good faith during the mediation process, even though, in principle, everyone has the right to file a lawsuit. The purpose of this research is to determine the legal basis for the court's decision to reject the lawsuit due to a lack of good faith during the mediation process and to analyze its legal implications for the parties. The research method used is normative legal research with a statute approach and a conceptual approach. The research data sources were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively. The results indicate that the legal basis for rejecting the lawsuit due to a lack of good faith during the mediation process refers to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This ruling has legal implications, namely, that the lawsuit is declared inadmissible (niet ontvankelijk verklaard), resulting in the plaintiff having to file a new lawsuit, obligated to diligently follow the mediation process.z

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