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Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by Sekolah Tinggi Agama Islam Yayasan Pendidikan Ilmu Qur'an Baubau
ISSN : 29882281     EISSN : 29882273     DOI : 10.59059
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 287 Documents
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Penegakan Hukum terhadap Pelaku Tindak Pidana Penipuan : Studi Putusan Nomor: 99/Pid.B/2024/PN TJK Ardinia Awanis Shabrina; Tami Rusli; Suta Ramadan
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2743

Abstract

The crime of fraud is a form of crime that not only causes material loss, but also has an impact on the intangible losses experienced by the victim, such as loss of sense of security, trust, and social stability. Fraud also has the potential to disrupt public order and reduce public trust in the legal system. Therefore, law enforcement against this criminal act is an important aspect in maintaining legal certainty and a sense of justice. This study aims to analyze the form of law enforcement against perpetrators of fraud crimes by focusing on the factors that cause perpetrators to commit fraud and the judge's considerations in imposing judgments. The case studied refers to Decision Number: 99/Pid.B/2024/PN.Tjk. The research method uses a normative juridical approach, by examining laws and regulations, legal doctrines, and case studies through the analysis of court decisions. The results of the study show that the legal provisions regarding fraud have been regulated in Article 378 of the Criminal Code (KUHP). However, implementation in the field is often constrained by limited evidence, the increasingly diverse modus operandi of perpetrators, and low legal awareness of the public. The judge in considering the verdict not only pays attention to the juridical aspect, but also takes into account the social and psychological impact on the victim. As a recommendation, this study emphasizes the importance of increasing coordination between law enforcement officials to strengthen the investigation and evidence process. The use of digital technology, especially in the collection of electronic evidence, is a strategic step in dealing with modern fraud modes. In addition, legal education to the public needs to be improved to foster legal awareness and prevent fraud crimes in the future.
Esensial Imparsialitas dalam Penyelesaian Sengketa Hubungan Industrial Enge Christina; Wiraatmaja Lookman
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2749

Abstract

In the modern industrialization era, industrial relations disputes are increasing in both quantity and complexity. This condition demands a fast, precise, fair, and efficient dispute resolution mechanism. In accordance with the provisions of laws and regulations, mandatory settlement efforts must first be pursued through bipartite or tripartite negotiations through deliberation to reach a consensus, known as Alternative Dispute Resolution (ADR). ADR is a dispute resolution mechanism outside the court that is oriented towards a win-win solution, namely an agreement that accommodates the interests of all parties. However, in practice, the implementation of mediation in Industrial Relations Disputes (PHI) still faces various obstacles, particularly related to the lack of the principle of impartiality of the mediator. This study uses a normative juridical method with a statutory approach and a conceptual approach. The results of the study indicate that the PHI Mediator is an administrative position attached to the state civil apparatus, not an independent profession. The absence of strict sanctions for violations of the code of ethics, limited mediation time, and the absence of conflict of interest regulations in the Minister of Manpower Regulation No. Law No. 17 of 2014 makes the mediator vulnerable to intervention by certain parties. This situation has implications for the emergence of recommendations that are potentially non-objective and detrimental to one of the parties. Therefore, the principle of impartiality is a fundamental element in Industrial Relations (PHI) mediation to ensure a fair, balanced, and substantively just dispute resolution.
Kebijakan Formulasi Tindak Pidana Agama dalam KUHP Nasional Dwinta Yulyanti; Diah Gustiniati Maulani; Maya Shafira; Budi Rizki Husin; Muhammad Farid
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2750

Abstract

Criminal law formulation policy is the initial stage in criminal law politics that establishes legal norms formulated in legislation, including religious offenses. In the National Criminal Code enacted through Law No. 1 Year 2023, this policy is reflected in Article 300 - Article 305 of the National Criminal Code which regulates criminal offenses against religion, belief, and worship. In this case, it is important to analyze how the formulation policy on religious criminal offenses in the National Criminal Code and what are the juridical implications of the formulation policy on religious criminal offenses in the National Criminal Code. The research method used is normative juridical and supported by empirical juridical method. The data used are primary data, secondary data, and tertiary data. The data obtained is then analyzed qualitatively. Based on the results of the research, it is known that in the National Criminal Code passed through Law No. 1 of 2023, In Article 300 to Article 305 of the National Criminal Code, the state attempts to reorganize religious offenses by clarifying the elements of the act and the intention of the perpetrator, thus preventing multiple interpretations and abuse of the law. This formulation also expands the reach of legal protection not only to official religions, but also to public order and diversity of beliefs in society. However, in substance, the juridical implications of the policy formulation of religious criminal articles in the National Criminal Code include higher legal certainty, protection of citizens' constitutional rights, and changes in the orientation of punishment from repressive to more educative and preventive.
Peran Satgas PPKS terhadap Pelecehan Seksual di Perguruan Tinggi dan Upaya Pencegahanya Ardelia Citra Febriyanti; Diah Gustiniati Maulani; Maya Shafira; Erna Dewi; Aisyah Muda Cemerlang
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2751

Abstract

This research is motivated by the increasing cases of sexual harassment in the university environment which has a serious impact on the psychological condition of victims and the academic climate as a whole. Universities that are supposed to be safe spaces for learning and development are often places where serious violations of human dignity occur. The establishment of the Task Force for the Prevention and Handling of Sexual Violence (Satgas PPKS) is an important step by the government to provide protection, assistance, and a more structured complaint mechanism for victims of sexual violence. This study aims to examine the criminal acts of sexual harassment in universities as well as analyze the role and countermeasures carried out by the PPKS Task Force in handling these cases. The research methods used are normative juridical approaches and empirical juridical approaches. The normative approach is carried out by analyzing relevant laws and regulations, such as the Sexual Violence Crime Law and university regulations related to the prevention of sexual violence. Meanwhile, an empirical approach is carried out through observation and analysis of the implementation of the tasks of the PPKS Task Force in the campus environment. The results of the study show that the PPKS Task Force plays a significant role in providing psychosocial support for victims, conducting socialization related to the prevention of sexual violence, and enforcing anti-sexual violence policies in universities. In addition, the PPKS Task Force also implements various programs such as gender awareness training, legal assistance, and building a complaint system that is more accessible to students. The implications of this study confirm the importance of education and increasing awareness among the academic community regarding the issue of sexual harassment.
Dinamika Penegakan Hukum Pertambangan di Kabupaten Mandailing Natal: Antara Regulasi dan Realitas : (Studi Kasus di Kec. Kota Nopan, Kec. Huta Bargot, dan Kec. Batang Natal) Budi Santoso; Pajriah Putri Islamy
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2764

Abstract

Mining activities in Mandailing Natal Regency, particularly in Kota Nopan, Huta Bargot, and Batang Natal Districts, play a significant role in the local economy while simultaneously generating complex legal, environmental, and social problems. Despite the existence of comprehensive national regulations such as the Mineral and Coal Mining Law and regional bylaws, enforcement remains weak, as indicated by the persistence of illegal mining (PETI), environmental degradation, and conflicts of interest among various stakeholders. This study aims to analyze the dynamics of mining law enforcement by employing a juridical-empirical approach that combines the review of statutory regulations, secondary data, and field observations in three sample districts. The findings reveal that law enforcement is far from optimal due to structural constraints, including limited institutional capacity and inconsistent implementation, as well as cultural and economic factors, such as the community’s dependence on mining as a primary livelihood. Moreover, political and economic interests often weaken oversight and create selective enforcement, further widening the gap between regulation and practice. The study emphasizes that law enforcement in the mining sector should not rely solely on repressive measures but must be integrated with community empowerment, sustainable livelihood alternatives, and the strengthening of institutional governance. Therefore, reforming regional regulations, improving inter-agency coordination, enhancing law enforcement capacity, and ensuring active community participation are crucial steps to build legal, fair, and sustainable mining governance in Mandailing Natal.
Implementasi Perpajakan Affiliate Marketer Shopee dalam Sudut Pandang Hukum Pajak dan Hukum Islam Sitah, Putri Dwi; Rumawi, Rumawi
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2765

Abstract

The development of information technology brings significant changes in the business world, one of which is through the Shopee affiliate marketer program that provides opportunities for individuals to earn income through commissions from product sales. However, the tax practice of affiliate marketer income still requires in-depth study, especially in the perspective of tax law and Islamic law. The main problem in this research is how the Income Tax (PPh) payment mechanism for Shopee affiliate marketers and its compliance with the provisions of taxation law and the principles of Islamic law. This research aims to find out and analyze 1) To find out the percentage of PPh for shopee affiliate marketers in the perspective of tax law and Islamic law. 2) To know how to pay PPh for affiliate marker shopee in the perspective of tax law and Islamic law. The research method used is a legal sociology approach with a type of empirical legal research. Data is collected through observation, interview, and documentation of Shopee affiliates and sellers, and analyzed using data reduction techniques, data presentation, and drawing conclusions. The research results show that: 1) the percentage of PPh of shopee affiliate marketers is the commission received by Shopee affiliates, which is the object of PPh Article 21 and is subject to a progressive tax rate according to Government Regulation No. 58 Year 2023, based on the taxation of 50% of the total gross commission. The tax rate starts from 5% for income up to Rp60 million and increases according to the income layer. 2) The payment method of PPh affiliate marketer shopee is that Shopee deducts and deposits taxes automatically before the affiliate receives the commission, and requires the inclusion of NPWP so that the tax rate is lower. In the perspective of Islamic law, the obligation to pay taxes (dharibah) is recognized as long as it is managed fairly and used for public benefit, and does not burden the community. In conclusion, the practice of paying PPh affiliate marketer Shopee is in accordance with the provisions of the applicable tax law and can be accepted from the perspective of Islamic law as a form of contribution to the welfare of the community.
Implementasi Program Anti-Perundungan untuk Melindungi Kesehatan Mental Siswa di SMA Dharma Karya UT Kota Tangerang Selatan Iqbal Maulana Saputra; Ati Kusmawati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2766

Abstract

Bullying in schools is a serious issue that affects students’ mental health and therefore needs to be addressed through specific programs that create a safe, comfortable, and healthy environment. Increasing public awareness of the dangers of bullying has encouraged the emergence of anti-bullying programs in schools, including at SMA Dharma Karya UT. This study aims to analyze the implementation of such a program with four main objectives, namely to understand its execution, assess its effectiveness, identify existing obstacles, and provide relevant recommendations for improvement. The research method employed is quantitative with a descriptive approach using questionnaires developed based on program implementation and mental health indicators, tested for validity and reliability, and analyzed with SPSS version 25. The research sample involved 98 students from grades X, XI, and XII, selected through a representative quota sampling technique. The results show a significant relationship between the anti-bullying program and students’ mental health, with a correlation coefficient of 0.760 indicating a strong relationship. The program explains 57.8% of the variance in mental health, while 42.2% is influenced by other external factors. Simple regression analysis produced a constant of 43.783 and a coefficient of 1.814, meaning improvements in program implementation are directly proportional to improvements in mental health. Hypothesis testing confirmed significance with a value of 0.000 < 0.05, thus accepting the alternative hypothesis. The anti-bullying program has proven to be effective and can serve as a reference for other schools.
Dapatkah Otak yang Rusak Bertanggung Jawab? Disrupsi Amigdala–PFC dan Rekonstruksi Moralitas dalam Hukum Pidana Zul Khaidir Kadir
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2770

Abstract

Criminal liability in modern law is built on the assumption that every individual is a rational and autonomous moral agent. However, neuroscientific evidence suggests that structural disruption of the amygdala and prefrontal cortex significantly impairs the capacity to judge actions ethically. This study aims to analyze the influence of neurological disorders on an individual's moral capacity and to formulate legal parameters for assessing criminal liability based on actual capacity. The research method employed normative legal research with a conceptual approach. The results indicate that perpetrators with dysfunction in the amygdala-PFC circuit experience a degradation of moral capacity that weakens the basis for the formation of mens rea in a substantive sense and falls outside the reach of legal systems that still rely on a model of responsibility based on the assumption of universal free will. The criminal legal system, in its current form, lacks a precise evaluative mechanism to distinguish between perpetrators with impaired moral control and those acting deliberatively. In this situation, the construction of criminal liability cannot be standardized, and reformulation of evaluation instruments is necessary to avoid sentencing bias against individuals with structural impairments in ethical capacity.
Tinjauan Yuridis Normatif terhadap Tindakan Pidana Bullying Dikalangan Pelajar M.Raihan Rizqullah; Sabda Abdillah Lubis; Muhammad Ichsan Parinduri; Rahmat Surkhalid Nasution
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2152

Abstract

Bullying is actually an act of aggression that can be shown with verbal aggression or physical aggression. Verbal aggression is an attempt to hurt another party with the expression of words, speech, sentences that are sharp, harsh and tend to hurt the feelings of others. Verbal aggression can be said directly when dealing with one person with one person. The objectives that the researcher wants to achieve to answer the problems that will be studied in this study are: 1) Forms of bullying in schools. 2) Providing legal protection for children who are victims of bullying in schools. In this study, the researcher used normative legal research, normative legal research. The results of this study produced data showing that there are three forms of bullying, namely physical bullying, verbal bullying, and cyber bullying. Meanwhile, with the help of several parties, the legal protection that can be given to victims is preventive and repressive to prevent and overcome bullying in schools.
Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Atas Edaran Obat yang Tidak Memiliki Izin Ahmad Irzal Fardiansyah; Sri Riski; Khaoeirun Nissa
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2158

Abstract

This study aims to analyze the legal review of legal protection for consumers related to the circulation of drugs that do not have a distribution permit in Indonesia. The research method used in this study is the normative legal research method. The main data source in this study is a secondary legal source, consisting of laws and regulations governing the circulation of drugs. The results of this study indicate that legal protection for consumers related to the circulation of drugs without a distribution permit in Indonesia has been strictly regulated in various regulations. Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 2009 concerning Health, and Regulation of the Head of BPOM Number 26 of 2017 provide a strong legal basis to ensure that drug products circulating in the market are safe and have obtained a valid distribution permit from BPOM. This aims to protect consumer rights so that they are not exposed to health risks caused by drugs that are not guaranteed to be safe. However, a major challenge faced is the high number of illegal drugs circulating, both on the black market and online platforms that are difficult to monitor. In addition, the lack of awareness from consumers also exacerbates this problem. Suboptimal supervision is also another challenge in this legal protection. The lack of utilization of technology in supervision is also a significant obstacle. Although there are regulations and supervisory authority from BPOM and pharmaceutical personnel, the distribution of drugs without a distribution permit remains a complex problem

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