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INDONESIA
Mahadi : Indonesia Journal of Law
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 29647185     DOI : https://doi.org/10.32734/mahadi
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other
Mahadi: Indonesia Journal of Law is an academic journal for Legal Studies published by Universitas Sumatera Utara. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning laws and legal system. The focus and scope of this journal are legal problems in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Business Law, Medical Law, Notary Law, Inheritance Law, Tax Law, Insurance Law, Environmental Law; Adat Law; Law on Marriage and Family, Cyber Law, Agrarian Law, Legal Philosophy and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 68 Documents
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How Can Legal Politics Advance Environmental Justice? A Case Study of Illegal Sea Sand Mining in Babi Island, Karimun, Riau Islands Baskoro, Aji
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Illegal sea sand mining poses significant challenges to environmental justice, particularly in Indonesia’s coastal regions. This research is motivated by the urgency to understand and evaluate legal policies to address the complexities of issues arising from sea sand mining activities. The study explores how environmental legal policies are applied to regulate and mitigate the impacts of illegal sea sand mining. Additionally, it examines the consequences of illegal mining on environmental justice, particularly concerning coastal ecosystem degradation and the livelihoods of local communities. Despite the existence of regulatory instruments such as Government Regulation No. 26 of 2023 on Marine Sedimentation Management and Law No. 32 of 2009 on Environmental Protection and Management, enforcement remains inadequate, allowing persistent violations that exacerbate ecological damage and social inequities. This study employs a normative legal method with a statutory and case study approach, analyzing secondary data from legal documents, academic literature, and media reports. Thematic, policy, and case analyses reveal significant implementation gaps, weak enforcement mechanisms, and insufficient community participation in environmental governance. The findings indicate that while existing legal frameworks provide a foundation for sustainable resource management, systemic weaknesses and fragmented governance hinder their effectiveness in preventing illegal activities. This research recommends strengthening regulatory enforcement, enhancing community empowerment through environmental education, and integrating sustainability principles into policy implementation. Additionally, fostering multi-stakeholder collaboration is crucial for addressing governance challenges and ensuring the equitable distribution of environmental benefits and risks. These strategies aim to promote environmental justice and sustainable coastal management in Indonesia.
Proof Concept in The Concept of The Legal State Situmorang, Boy Kresendo; Sukarmi; Hanif Nur Widhiyanti
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

The evidentiary process plays a crucial role in procedural law, particularly in business competition trials. As a fundamental aspect of legal proceedings, evidence must be properly utilized, presented, and maintained to ensure fairness. Ideally, parties involved should have the broadest possible access to present evidence that strengthens their position. In this context, business competition laws and regulations establish evidentiary mechanisms that serve as guidelines for law enforcers, including the Indonesia Competition Commission (KPPU) and the Commercial Court, to uphold justice effectively. This study aims to examine the evidentiary framework in business competition cases, particularly addressing conflicting norms that impose limitations on the use of evidence. Using a normative legal research method, the study employs literature review and case analysis to qualitatively assess the application of evidentiary principles. The findings highlight the concept of proportional proof in business competition cases, emphasizing the principle of due process of law. The study concludes that evidence in both legal science and business competition cases must adhere to the principle of due process to ensure fairness. Evidentiary procedures at the KPPU and in objection proceedings at the Commercial Court rely on legally recognized forms of evidence, including both direct and indirect evidence, in accordance with prevailing regulations.
Legal Discovery Through Judicial Activism By Judges In Criminal Cases Situmorang, Septriono; Nurini Aprilianda; Lucky Endrawati
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

In exercising the authority to decide criminal cases, Judges sometimes cannot decide proportionally according to their beliefs because they are often faced with binding to written laws that are rigid, both material and formal criminal law. So that in order to resolve disputes it is felt that Judges must play an active role in using a new rule or changing an old rule, that is where Judges create law (Judge made law) through Judicial Activism. The purpose of this study is to describe, examine, and analyze the factors underlying Judges in implementing Judicial Activism practices in criminal cases in order to ensure the upholding of the Objectives of Law, namely Justice, Benefit and Certainty. Then what obstacles are faced, and parameters or benchmarks that can be done so that Judges can implement Judicial Activism in criminal cases. This study uses a sociological juridical approach method, with the research specification being descriptive analytical. The data used in this study are secondary data, obtained through literature studies which are then analyzed qualitatively using Progressive Legal Theory and the Theory of Judicial Freedom and Legal Discovery (Rechstvinding). The results of this study are: (1). Judges' decisions that apply Judicial Activism in criminal cases at least consider several factors, including legal developments that always follow a society that moves quickly, in addition, laws or other regulations are not always complete to solve a legal case concretely, and also several other factors. (2). Obstacles that arise in the practice of Judicial Activism in criminal cases are divided into two factors, namely internal factors that originate from the personality and emotionality of the judge himself, then external factors related to the legal system of a country. (3). The solution presented is to encourage judges to use their authority as guaranteed by the Law on Judicial institution to carry out rechtsvinding and not just apply the law (rechtoepassing) through the method of legal discovery, namely the interpretation method and the argumentation method.
The Implementation of Good Corporate Governance on Employee Compliance at PT. Sri Pamela Medika Nusantara in Tebing Tinggi City Dina Mariana; Ginting, Budiman; Aflah
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

This study aims to examine the effect of the implementation of Good Corporate Governance (GCG) on employee compliance at PT. Sri Pamela Medika Nusantara in Tebing Tinggi. The application of GCG principles is considered crucial in enhancing the efficiency and effectiveness of company operations, particularly in the healthcare sector, which requires high ethical and professional standards. This research was conducted using a juridical-empirical approach with a descriptive-analytical method. Data for this study was obtained through interviews, literature studies, documentation, and the distribution of questionnaires. The collected data were then analyzed using a qualitative descriptive approach. The results of this study indicate that the application of GCG principles at PT. Sri Pamela Medika Nusantara has a significant impact on employee compliance. Supporting factors include a strong understanding of GCG principles, such as transparency, accountability, and fairness, which have been shown to encourage employees to comply with company policies. The commitment of the company’s management also plays a vital role in creating a work environment that supports the optimal implementation of GCG. However, inhibiting factors that may reduce the effectiveness of GCG implementation, such as employees’ lack of knowledge about applicable regulations and the company’s work culture not fully supporting GCG principles, were also identified. Moreover, non-compliance with GCG principles can have negative consequences for the company, both in terms of reputation and legal aspects. Ongoing non-compliance could lead to legal actions, including employee termination or more severe sanctions, which may affect the company’s sustainability and performance.
Strengthening and Empowering Smart Parenting in Communities to Realize Gender Sensitivity and Equity in Families Daulay, Harmona; Sukarja, Detania
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

In order to support the SDGs program which is also relevant to Presidential Instruction No. 9 of 2000 concerning Gender Mainstreaming (PUG), various efforts are needed by the government together with the community to practice social habitus to uphold gender equality and justice. Parents (Parenting) provide affection, protection, socialization and so on. This parenting role provides an overview of parents ideally carrying out parenting roles with knowledge of educating children, social insight, PUG insight and gender equality as well as legal insight. Moving from this condition, the community service team sees the importance of strengthening and empowering the parenting community to be given insight and knowledge of gender sensitivity and various laws and regulations related to the role of parents and children's rights in the family. This is assumed to be an effort to take preventive action against events and legal consequences so that they can be prevented as early as possible. Partnering with Ranggi Literacy House which carries out various parenting strengthening in communities that are marginalized communities. the implementation of community service is carried out by providing insight into gender sensitivity, socialization and gender justice education sociologically in the practice of habitus and combining this legal insight where this is a basic right for children to receive legal protection.
Combating Commercial Sexual Exploitation Of Children In Medan City Hanan; Suhaidi; Mahmud Mulyadi; Mahmul Siregar
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

The crime of commercial sexual exploitation of children has become a major issue both nationally and internationally because it is considered a gross violation of human rights. Indonesia is one of the countries that is committed to combating the commercial sexual exploitation of children. It is reported that North Sumatra is one of the senders and receivers of the trafficked children. Medan, one of the cities in North Sumatra is included in the category of sender and recipient. This is supported by the geographical location of Medan which is very strategic as the capital of North Sumatra province. Based on this, the problems discussed in this research were: 1) How to manage the child protection from commercial sexual exploitation of children in accordance with the laws and regulations in Indonesia; 2) What response to commercial sexual exploitation of children in Medan was; 3) What obstacles found in the prevention of commercial sexual exploitation of children in Medan were. This research used descriptive analytical method with juridical normative approach by describing how the commercial sexual exploitation of children (CSEC) happened and how to overcome it. The legal source materials used were primary, secondary, and tertiary legal materials. The results showed that the regulations of commercial sexual exploitation of children have been regulated generally on national and international scale. Crime prevention efforts against sexual exploitation of children in Medan was based on two approaches, penal and non-penal policy. It could be seen from the penal policy of the Court Verdicts No. 1554/Pid.B/2012/PN.Mdn and No. 2743/ Pid.B/2006/PN.Mdn in which the defendants were found guilty. But it seemed that the sentences did not meet the elements of justice. While in the non-penal policy, some efforts to prevent were applied in Medan, such as preventive and repressive supervision and handling the CSKA. There were three obstacles found in the prevention of CSEC; in terms of legislation, law enforcement officials, and culture.
Clean Coal Energy: The Perspective of Environmental Law on Steam Power Plants in Indonesia Yulida, Devi; Novindra, Dedy
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

The use of coal as a primary energy source in Indonesia has made a significant contribution to meeting the nation's electricity demand. However, coal utilization also leads to serious environmental impacts, such as greenhouse gas emissions and air pollution. Clean Coal Energy has emerged as a solution that is expected to reduce environmental impacts through the application of technologies, such as carbon capture and storage (CCS), which aim to capture and store CO2 produced during coal combustion. Nevertheless, the implementation of this technology must align with environmental regulations, both those outlined in international legal instruments and those applicable in Indonesia. This study aims to examine the concept and implementation of clean coal energy in Steam Power Plants (PLTU) in Indonesia, as well as to review environmental law perspectives related to this matter. The writing employs a juridical-normative method, with a legislative approach and a conceptual approach. The research is conducted by qualitatively examining secondary data, which includes primary legal materials and secondary legal materials. These data are then presented in a narrative text. The research findings indicate that although clean coal energy can be a temporary alternative in the energy transition, its implementation still faces significant challenges. These challenges include issues related to regulations, high investment costs, and the effectiveness of the technology in reducing environmental impacts. Therefore, more integrated policies between environmental protection and national energy policies are needed, so that this technology not only reduces carbon emissions but also supports long-term environmental sustainability.
The Implementation of Tax Expenditures in Indonesian Tax Law: Evaluating Impacts on MSMEs and Economic Justice Muhammad Rudy Aqbar; Hafizhah, Annisa; Ari Wijayanto
Mahadi: Indonesia Journal of Law Vol. 4 No. 01 (2025): Vol. 04 NO. 01 (2025): February Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Tax expenditure policies, such as the 0.5% Final Income Tax rate stipulated by Government Regulation No. 23 of 2018, aim to foster the growth of Micro, Small, and Medium Enterprises (MSMEs) by reducing their tax burdens. These policies have shown positive impacts, particularly in improving tax compliance and alleviating the fiscal burden of MSMEs. However, challenges remain, including low tax literacy, bureaucratic complexities, and geographical disparities that hinder smaller and remote MSMEs from accessing these benefits. This paper examines how such policies align with human rights principles, such as the right to decent work and equitable economic access, while offering recommendations to ensure more inclusive implementation. By enhancing tax literacy, simplifying bureaucracy, and extending incentives to underserved MSMEs, tax expenditure policies can serve as an effective instrument to promote economic justice and sustainable development.
The Office Of Religious Affairs As A Marriage Registration Agency For All Religions (Study Of The Office Of Religious Affairs In Medan Selayang) Sembiring, Idha Aprilyana; Barus, Utary Maharany; Yefrizawati; Agusmidah; Mulhadi; Yati Sharfina D; Putri Rumondang Siagian
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

The Office of Religious Affairs (KUA) is a government agency with the authority to register marriages among Muslims. For those who marry according to Islam, the registration is carried out at the KUA together with the marriage ceremony. Currently, there is a proposal to expand the role of the KUA as a marriage recorder not only for Muslims but for all religions proposed by the Minister of Religion. This proposal certainly raises pros and cons from various parties, both in society, government officials and religious leaders.. This research was conducted using a normative legal research method by searching for literature materials, both primary, secondary and tertiary legal materials related to this research study. This research was conducted to examine the urgency of revitalizing the role of the KUA as an institution for registering marriages for all religions and how the realization of this KUA role is with the revitalization of the role of the KUA. From the research conducted, the urgency of revitalizing the role of the KUA is related to efficiency in implementing marriage registration, but in terms of realization it is still difficult to do because many aspects must be restructured if the KUA is to be the only institution for registering marriages for all religions
An Examination of Vertical Synchronization in the Implementing Regulations of the Public Service Law Sumaya, Ira
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Ideally, every legal provision enacted by an authorized state institution should be implemented effectively to regulate public life. In Indonesia, inconsistencies in the enforcement of legal provisions are largely due to the proliferation of regulations that are often overlapping and unsynchronized. This article aims to examine the extent of vertical synchronization between Law Number 25 of 2009 on Public Services and its implementing regulations, from their enactment to the present. This study employs a normative juridical method using a statutory approach. The data are analyzed through the examination of positive law, supported by legal interpretation, analogy, and principles. The findings reveal a lack of vertical synchronization between Law Number 25 of 2009 and its implementing regulations. Several implementing regulations are not aligned with existing legal frameworks; their functions and hierarchical positions do not conform to Indonesia’s legislative structure and legal principles.

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