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Legalpreneur Journal
Published by Universitas Dharmawangsa
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
We provide editors and reviewers on topics related to legal issues globally. The scope of articles published in this journal is related to the Department of Law available in the Master Of Law at Dharmawangsa University, where the purpose of this journal is to provide a forum for academics, practitioners and researchers to publish research manuscripts or conceptual manuscripts. The scope of articles published in this journal deals with topics in the fields of Comparative Law, Customary Law, Constitutional Law, Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions related to the study of law.
Arjuna Subject : Umum - Umum
Articles 6 Documents
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Search results for , issue "Volume 3, No. 2 April 2025" : 6 Documents clear
Accountability For Corruption Of Village Funds By The Head Of Paridanggaran Village Toba Samosir Regency (Study Verdict Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn) Panjaitan, Uli; Kusbianto, Kusbianto; Simamora, Melki Suhery
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6244

Abstract

Cases of abuse that occur in village fund management are carried out with various modus operandi such as drafting a budget above the market price and then paying based on other agreements, borrowing while the village fund by moving funds to a personal account and then not being returned. The formulation of the problem is how the village fund deviation by The Village Head of Paridanggaran, Toba Samosir regency, North Sumatra Province, how the accountability of perpetrators of village fund corruption in the decision of PN. Tipikor Number : 55 / Pid.Sus-TPK/2018 / FR.Mdn, how the basis of consideration of the judge handed down the verdict against the defendant in the decision of PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the deviation of village funds by the head of Pardinggaran Village related to village funds in 2016 Toba Samosir regency, North Sumatra province is the village fund budget that has been disbursed by the defendant Marhuarar Pangaribuan as the head of Pardinggaran village, but in carrying out activities using village funds not included other village officials, should be used to finance activities in accordance with the draft Paridanggaran village budget. Accountability perpetrators of corruption in the village Fund decision PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn is Marhuarar Pangaribuan sentenced to prison for 2 years 6 months and a fine of Rp.50.000.000, - (fifty million rupiah).
The Crime Of Having An Abortion Without Indication Of A Medical Emergency And Pregnancy Due To Rape (Decision Study Number 170 / Pid.Sus / 2019 / PN Bau) Fredy, Fredy; Ruslan, Ruslan; Nurhayati, Nurhayati
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6245

Abstract

Abortion is a social phenomenon that is becoming more and more alarming every day. A pregnant woman out of wedlock is forced to choose an abortion related to 12 reasons both internal and external underlying. Although the fetus belongs to the woman who is carrying it, abortion or the murder of the womb committed by herself is an act that is punishable, provided for in Article 346 of the Criminal Code. The judge in deciding the case of abortion cases in addition to paying attention to the provisions written in the law in order to fulfill the purpose of the conviction to provide a deterrent effect and improve, also uses his conscience based on a sense of Community Justice. The purpose of this study is to analyze the case study of the decision of the Baubau District Court decision number 170/Pid.Sus / 2019 / PN Bau concerning illegal abortion in accordance with Article 75 of Law Number 36 of 2009 concerning health is connected with the purpose of punishment. This research method uses normative juridical approach. The results showed that even if a woman aborts her own fetus without indication of a medical emergency and as a result of rape, she is punished according to applicable law. The panel of judges in this case has used his conscience considering the mitigating or aggravating circumstances of the defendant. The judge's consideration in giving the verdict has fulfilled the sense of justice and educated the public to avoid illegal abortion.
Cover of Journal Jurnal, Cover
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6241

Abstract

Cover of Journal
Juridical Review Of The Dissolution Of Marriage For Buddhists In Indonesia (Decision Study No. 66 / Rev.G./ 2024 / PN Mdn) Safnul, Dody; Azmi, Syariful; Halimatusdiyah, Halimatusdiyah
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6246

Abstract

Marriage in Buddhism aims to create a happy family, so for that the faithful must follow the teachings of the Buddha about the practice of the right life. The formulation of the problem is how the legal arrangements relating to the dissolution of marriage due to divorce of Buddhists, how the legal consequences of the dissolution of marriage of Buddhism. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that in the case of divorce, the Buddhists follow the law of the Republic of Indonesia No. 1 of 1974 on marriage. Article 38 of Law No. 1 of 1974 states that a marriage can be dissolved by death, divorce, or by a court decision. As a result of the divorce law on the position, rights and obligations of the former husband/wife according to Article 41 letter c of Law No. 1 of 1974 is that the court may require the former husband to provide living expenses and/or determine an obligation for the former wife. Normative provisions in Article 41 letter c of Law No. 1 of 1974 are related to Article 11 of Law No. 1 of 1974 which contains normative provisions that a woman who breaks up her marriage applies a waiting period, which then this article has been spelled out in Article 39 of Government Regulation No. 9 of 1975 which contains imperative provisions that for a widow, so the waiting time for widows who are still menstruating is set 3 (three times) holy with at least 90 (ninety) days and for those who are not menstruating set 90 (ninety) days. If the marriage is broken, and the widow is pregnant, the waiting period is set until she gives birth.
Criminal Acts Of Attempted Rape Yanng Resulting In A Sense Of Fear ( See Also Decision No. 474 / Pid/2013 / Pt-Mdn) Sahputra, Rilawadi; Basri, Hasan
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6239

Abstract

Sexual violence is a serious offense that involves the coercion of sexual relations without consent, and affects victims in various aspects of their lives. In Indonesia, coercion of sexual relations with violence or threats against women outside of marriage is a complex social problem. The issue of sexual violence, especially involving attempts to force a woman to have sex outside of marriage through violence or threats of violence, has become a profound problem and affects many aspects of human life, both legally, socially, and psychologically. These actions not only violate human rights, but also reflect the deep gender inequality in society. This study aims to examine the phenomenon from three main perspectives: legal, social, and psychological. From a legal perspective, the sexual coercion of a woman outside of marriage through violence or the threat of violence constitutes a serious violation of the laws governing human rights and the protection of women. In this context, in Indonesia, sexual violence is regulated in law No. 12 of 2022 on the crime of sexual violence (TPKS), which provides greater protection for victims and establishes more severe sanctions for perpetrators. Socially, this phenomenon highlights the structural injustices that often occur, in which victims are often blamed or ignored by society, as well as the existence of social stigma towards victims of sexual violence. Patriarchal social norms and gender inequality further exacerbate this situation, leading many victims to feel isolated and afraid to report the violence they experience. From a psychological perspective, sexual coercion can leave a deep traumatic impact on the victim. Such Trauma not only affects the emotional and mental state of the victim in the short term, but can also continue in the long term, affecting interpersonal relationships, and overall mental health. Psychological disorders such as post-traumatic stress disorder (PTSD), depression, anxiety, as well as feelings of inferiority are often experienced by victims of sexual violence. This study aims to provide a more comprehensive picture of the interaction between these three perspectives and how legal, social, and psychological factors play a role in shaping victim experiences as well as in sexual violence prevention and response efforts. Thus, the results of this study are expected to contribute to the development of more effective policies in addressing the problem of sexual violence, as well as increasing public awareness of the importance of protecting women and the mental well-being of victims of sexual violence.
Juridical Analysis Of Sharp Weapon Abuse (Case Study Of Medan District Court Decision No. 2277/Pid.B / 2023 / PN Mdn) Sitompul, Ariman; Winarko, Bagus
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6240

Abstract

Imprisonment as a form of sanction for violations of the law, including the use of sharp weapons (sajam), is a complex issue in the context of law enforcement and social rehabilitation. This study aims to explore the impact of prison sentences on offenders involved in sajam use cases, as well as to understand how experiences in prison can contribute to learning from mistakes and behavior change in the future. The research method used is normative juridical research by conducting research systematically legal norms . The results showed that prison sentences often serve not only as a deterrent to crime, but also as a means of rehabilitation that can help offenders realize the consequences of their actions. However, many offenders feel that the punishment does not provide enough deterrent effect, especially if it is not balanced with an effective rehabilitation program. Prevention efforts need to be done through strict law enforcement, public awareness campaigns, and regulating access to sharp weapons in order to reduce crime rates and create a safer environment. 

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