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Buyung Solihin Hasugian
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sps@dharmawangsa.ac.id
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INDONESIA
Legalpreneur Journal
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
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 84 Documents
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. 
Suguh Hati As An Alternative Form Of Land Dispute Settlement In Plantation Kusbianto, Kusbianto
Legalpreneur Journal Volume 4, No. 1 October 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i1.7951

Abstract

This study examines the practice of suguh hati as an alternative form of land dispute resolution in plantations, especially in PT Perkebunan Nusantara (PTPN) in North Sumatra. Land disputes in the plantation sector often arise due to differences in views between Indigenous Peoples regarding communal land tenure rights with the concept of positive law that places the state as the ruler of the land. The mediation and treat heart approach is a non-litigation effort that is used to avoid horizontal conflicts and maintain social relations between the company and the tenant community. Treat the heart is understood as a form of moral and social compensation that reflects the goodwill and faith of mutual trust between the parties to the conflict. Through the decree of the Board of Directors of PTPN III number 3.11/SKPTS/01 / 2015, suguh hati was instituted internally as a legitimate dispute resolution instrument. The results showed that suguh hati is not just a social practice, but has developed into IUs factum which has the potential to become IUs constitutum, the source of new laws in National Agrarian Reform. These findings make an important contribution to the development of agrarian law and land dispute resolution in Indonesia that is more humane, participatory, and based on local wisdom. 
Revocation of islamic inheritance rights to the recipient of the obligatory will perspective maslahah Hasbi, Mhd
Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8197

Abstract

This study examines the issue of the cancellation of Islamic inheritance rights to the recipient of the obligatory will which is analyzed through the perspective of maslahah. The background of this study is the limitation of the regulation of mandatory wills in the compilation of Islamic law (KHI), especially Article 209, which does not explicitly regulate the mechanism for their cancellation, causing legal uncertainty in judicial practice. This research uses normative juridical method with conceptual approach and legislation. The results showed: first, the cancellation of the rights of the obligatory will can only be justified if it is based on causes recognized by the Shari'a, such as harming the heir or obstructive religious differences; second, the perspective of maslahah considers the cancellation to be legally valid if it aims to preserve greater benefits, but prohibited if it is carried out discriminatively; third, the absence of detailed arrangements on the mechanism for canceling the obligatory will in the KHI implies the weak protection of the recipient's civil rights. This study recommends a comprehensive renewal of the KHI in order to realize legal certainty and substantive justice in the Islamic inheritance system in Indonesia.
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Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8694

Abstract

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Cover of Journal Journal, Cover
Legalpreneur Journal Volume 4, No. 1 October 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i1.7954

Abstract

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The Trend Of Corruption The Medan District Court Kusbianto, Kusbianto; Tarmizi, Tarmizi; Sulistyowati, Sri
Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8664

Abstract

This study aims to analyze trends in corruption cases and the characteristics of defendants based on the level of education in the Corruption Court at the Medan District Court Class 1A specifically in the period 2020-2024. The method used is a quantitative descriptive approach by utilizing secondary data in the form of case decisions obtained from The Case Tracking Information System (SIPP). The results showed that the trend of corruption cases has increased significantly over the past five years, with a total of 596 cases and 611 defendants. From a demographic aspect, the majority of defendants are men, while women are relatively fewer. Based on the level of education, most of the defendants have a higher education background, especially Bachelor (S1), followed by master (S2) and doctorate (S3). These findings indicate that corruption is not directly influenced by the level of education, but rather related to internal factors such as greed and abuse of power. Therefore, efforts to eradicate corruption not only require a repressive approach through law enforcement, but also a preventive approach through anti-corruption education and strengthening moral integrity.
Legal Analysis Of Death Certificate Determination Through The District Court In The Perspective Of Population Administration (Decision Study No. 407 / Pdt.P / 2025 / PN Bks) Sitompul, Ariman
Legalpreneur Journal Volume 4, No. 1 October 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i1.7928

Abstract

This study aims to analyze the legal basis and consideration of judges in determining the application for the issuance of death certificates through the Bekasi District Court in Decision No. 407/Pdt.P / 2025 / PN Bks. This application was submitted by Sri Haryati as the wife of the late Bambang Sarwono Hadi who died in 1995 but was never registered with the Department of Population and Civil Registration (Disdukcapil). Because of the delay in reporting, the applicant must take the path of court determination in accordance with the provisions of Article 44 of Law Number 24 of 2013 concerning Population Administration and the Circular Letter of the Directorate General of Dukcapil number 472.12/932/DUKCAPIL of 2018. The research method used is normative juridical approach, by examining the legislation and analyzing the legal facts in the decision. The results showed that the judge took into account the formal and material aspects of the application by confirming the citizen's right to a document of residence. This ruling affirms the role of the court as a corrective instrument against the negligence of the population administration that has not been reported for a long time.
Theory And Practice Of Mediation In Karo Customary Law Community Gayo, Sabela
Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8549

Abstract

This study aims to examine the theory and practice of mediation in the Karo customary law community and see its relevance to the Indonesian national legal system. Karo people are known to have a strong social structure based on kinship and Customs, where mediation is the main mechanism in dispute resolution that emphasizes the value of deliberation and social harmony. This research uses normative juridical method with qualitative approach, supported by literature study and analysis of customary practices that are still in progress in the community. The results showed that mediation of adat Karo not only serves as an instrument of conflict resolution, but also as a means of maintaining social cohesion and strengthening community values. The role of indigenous figures such as kalimbubu, anak beru, and senina is dominant in this process. In the context of national law, customary mediation practices are aligned with restorative justice principles and have the potential to be integrated into formal legal systems. Despite challenges, such as lack of formal recognition and potential conflicts of jurisdiction, adat Karo mediation remains relevant and has strategic value in strengthening local wisdom-based laws.
Prevention Of Polyandry In The Perspective Of Islamic Law And Law No. 1 Year 2023 Maswandi, Maswandi
Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8643

Abstract

Marriage as a normatively protected and religious institution in Indonesia still faces the threat of polyandry practices that are contrary to moral values, religion, and applicable legal regulations. This study aims to examine the Prohibition of polyandry from the point of view of Islamic law and the construction of criminal sanctions in Law Number 1 of 2023 concerning the Criminal Code, as well as formulating an integrative prevention model. The method used is normative juridical approach through the study of literature with descriptive-analytical analysis. The results showed that all schools of jurisprudence have agreed by ijma ' ban polyandry because it is contrary to maqashid al-Sharia, especially the principle of hifzh Al-nasl and hifzh al-'irdh. Indonesia's positive law also prohibits the practice through the principle of monogamy and the provision of double marriage. The meeting point between the two legal systems is an important foundation in building a comprehensive prevention mechanism. The Integrative prevention Model includes institutional synergies between KUA, MUI, and law enforcement officials, strengthening premarital education, and digitizing national marriage records in order to realize equitable family resilience.