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Ismail Koto
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Sumatera utara
INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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THE PROBLEM OF PROVING THE INVOLVEMENT OF STATE CIVIL APPARATUS IN REGIONAL HEAD ELECTIONS IN A STRUCTURED, SYSTEMATIC AND MASSIVE MANNER IN DISPUTES IN THE CONSTITUTIONAL COURT Mora, Diana
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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The election of regional heads is a real manifestation of the sovereignty of the people, as stated in Article 18 paragraph (4) of the 1945 Constitution, stating "Governors, Regents, and Mayors are democratically elected as heads of provincial, district, and city governments", in this context, the existence of ASN is very important. It is hoped that ASN can maintain strong neutrality. If it is found that ASN is involved in deliberately supporting one of the candidates, then the ASN will be processed legally. If proven, of course it violates the ASN neutrality rules in Article 2 letter (f) of Law No. 20 of 2023, and this is included in the category of TSM Pilkada violations. So far, the Constitutional Court has rarely decided on Pilkada Results Dispute cases related to TSM ASN involvement. The Constitutional Court should conduct a re-investigation related to the involvement of ASN during the Pilkada, not only listening to statements from the parties, and it is also important to remove the threshold for violations that are TSM in nature, because in reality the Constitutional Court will carry out the proof process if it has met the threshold only, and it is also important to strengthen the implementation of the Pilkada organizing bodies, this is done because the Constitutional Court is the last door for candidates who feel disadvantaged by indications of fraud, and this will have an impact on the community because they get a leader who is not based on an election based on the principles of free and fair elections.
ANALYSIS OF DECISION NUMBER 26/Pid.Sus/TPK/2024/PN.Mdn CONCERNING ASSETS CONFISCATION IN AN EFFORTS TO RETURN STATE MONEY ACCORDING TO LAW NUMBER 31 Of 1999 Indria, Tengku Dilla
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Corruption is an act of abuse of power or office for personal or group interests that are contrary to law, morals or ethics. Usually corruption is carried out by public officials or parties who have authority in government, organizations or institutions to obtain financial or other benefits in an illegal manner. Asset confiscation aims to reduce the number of corruption crimes, return state losses, prevent perpetrators of corruption from enjoying the proceeds of their crimes. Corruption crimes are prosecuted at home and abroad, blocked, confiscated, transferred, and extradited to replace the financial losses of victims of corruption. Law Number 31 of 1999 concerning the Eradication of Corruption regulates legal actions that can be taken against perpetrators of corruption, including asset confiscation. Efforts to return state financial losses from perpetrators of corruption will be successful if there is cooperation between law enforcement officers (Police, Prosecutors, KPK) to uncover corruption crimes, especially in efforts to return state losses. Regarding the state financial losses, it is contained in the laws and regulations regarding criminal acts of corruption, both the old regulations, namely Law Number 3 of 1971 and the new regulations, namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.
PROVISION OF LEGAL AID TO CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN THE FAMILY ENVIRONMENT (STUDY AT POSBAKU AISYIYAH NORTH SUMATERA) Daulay, Riska Romaito
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Legal aid is a constitutional right of every citizen to guarantee legal protection and guarantee equality before the law, as a means of recognizing human rights that are non-derogable rights, namely a right that cannot be reduced and cannot be suspended under any circumstances. The provision of legal aid is not a mercy given by the state, but rather a basic human right of every individual and is the responsibility of the state to protect the poor. An important means of guaranteeing the basic human rights of citizens and realizing equality before the law, as regulated in Article 27 paragraph (1) of the 1945 Constitution and Law Number 16 of 2011 concerning Legal Aid. Posbakum Aisyiyah North Sumatra is present as a legal aid institution that provides assistance, consultation, and legal advocacy, especially for women and children who are victims of violence. Through cooperation with institutions such as LPSK and the Women and Children Empowerment Service, Posbakum Aisyiyah North Sumatra plays an active role in protecting and restoring victims legally and psychologically. The implementation of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) is an important foundation in protecting victims of sexual violence, especially in the household sphere. Legal aid is not only a form of social responsibility of advocates, but also part of the justice system that guarantees justice and protection of human rights for all citizens, without exception.
CRIMINAL RESPONSIBILITY OF PERPETRATORS WHO ADVERTISE ONLINE GAMBLING THROUGH INSTAGRAM (Decision Study No.98/Pid.Sus/2024/PN.Rta) Subambhi, Sadam Ali
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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The development of technology in Indonesia is growing rapidly, this has also led to the development of online gambling crimes. Online gambling is a phenomenon that cannot be denied and is found in society, the increasing openness of online gambling sites has resulted in an increase in the number of online gambling players and online gambling advertising service providers in Indonesia. Online gambling advertising is an effort to advertise online gambling services provided through social media, one of which is Instagram. Advertising online gambling through Instagram has become the most strategic and effective in attracting public interest. Based on the results of the study, the formulation of the criminal offense of online gambling through Instagram can be charged with the ITE Law. In the Criminal Code, the crime of gambling is general (lex generalis) and the ITE Law Number 1 of 2024 regulates the crime of online gambling in Article 27 Paragraph (2) which is said to be a special regulation (lex specialis) of the Criminal Code. Actors who advertise online gambling via Instagram can be subject to criminal sanctions as regulated in Article 45 Paragraph (3) of the Republic of Indonesia Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE, subject to a maximum imprisonment of 10 years and a maximum fine of IDR 10,000,000,000. can be held criminally responsible after fulfilling the elements of committing an unlawful act, being able to be responsible, having a form of error in the form of intent (dolus) and there is no justification and forgiveness. Based on the analysis of decision Number 98/Pid.Sus/2024/PN.Rta, it shows that there was an error made by the perpetrator by fulfilling the elements charged in accordance with Article 45 Paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE.
LEGAL ANALYSIS OF GOLD PAWN AGREEMENT IN SYARIAH BANK (Study at PT. Bank Syariah Indonesia Kutacane Branch Office) Azhari, Ayu
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Islamic banking in Indonesia is rapidly growing, especially with gold pawn services offered by Bank Syariah Indonesia (BSI). This product is popular for its quick process and compliance with Sharia principles. However, gold pawn agreements at BSI face legal challenges regarding adherence to Sharia and national regulations. This study analyzes the characteristics, implementation, and legal implications of these agreements using an empirical legal method with a juridical-sociological approach based on literature review and interviews at BSI KC Kutacane. Findings show that BSI’s gold pawning uses Sharia contracts, is free of usury, and supervised by OJK and Fatwa DSN-MUI. The process begins with customer application and asset evaluation, but the ujrah fee calculation does not align with fatwa, as it is based on the loan amount rather than actual costs. If customers fail to redeem, the goods are auctioned and remaining debts remain their responsibility
LOSS OF DIRECTORS' RESPONSIBILITY FOR TERMINATION OF EMPLOYMENT RELATIONS WITH EMPLOYEES DUE TO THE COMPANY'S BANKRUPTCY Syahputra, Dzikrul Hadi
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Limited Liability Company (PT) as an independent legal entity operates through its organs, with the board of directors having a central role in managing the company. In business practices that are full of dynamics and uncertainty, directors often face the risk of lawsuits for decisions that result in losses for the company. To protect directors who act in good faith, the business judgment rule doctrine is present as a principle that provides legal protection for directors from liability for company losses, including in the context of bankruptcy that results in termination of employment with employees. This study aims to analyze the application of the business judgment rule doctrine in Law Number 40 of 2007 concerning Limited Liability Companies, examine the differences between ultra vires actions that are beneficial and the application of the business judgment rule, and analyze the accountability of directors for termination of employee employment due to company bankruptcy. The application of the business judgment rule doctrine in Indonesia is reflected in Article 97 paragraph (5) of the Limited Liability Company Law, which provides protection for directors who have carried out their duties in good faith, with caution, without conflict of interest, and in accordance with the authority granted. This study found that ultra vires actions that benefit the company cannot be equated with the business judgment rule, because these actions still violate the limits of authority in the articles of association.
LEGAL PROTECTION FOR ONLINE ARISAN ADMINS INVOLVING MINORS FROM A CIVIL LAW PERSPECTIVE Ruchbana, Kissy
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Online arisan agreements made by incompetent people can be canceled based on the will of the other party who feels aggrieved. The regulation of online arisan agreements in Indonesia is not specifically regulated by certain laws but is based on several provisions, namely the Civil Code, namely in Article 1320 of the Civil Code concerning the valid conditions of the agreement, Article 1338 of the Civil Code concerning the principle of freedom of contract, Article 1354 concerning borrowing and lending. Law Number 1 of 2024 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The legal consequences of default on online arisan agreements made by minors are based on Article 1367 of the Civil Code which states that parents are responsible for committing defaults in online arisan involving minors to pay compensation and this is in accordance with the provisions of Article 1243 of the Civil Code regulating compensation for costs, losses, and interest due to default. Legal protection for the admin managing the arisan against arisan default by minors is to have the right to receive compensation for failure to fulfill the performance based on Article 1243 of the Civil Code which regulates the replacement of costs, losses, and interest due to default.
CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF UNLOADING IMPORTED GOODS OUTSIDE THE CUSTOMS AREA OR OTHER PLACES WITHOUT PERMIT FROM THE HEAD OF THE CUSTOMS OFFICE Pratama, Andhika Putra
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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Import can be interpreted as the activity of importing goods from one country (abroad) to the customs area of another country. In Indonesia, the source of state revenue consists of tax revenues, non-tax state revenues, and grants. Imported goods carried by passengers, transport crew, or border crossers into the customs area upon arrival must be notified to customs and customs officers, or imported goods sent by post or deposit service may only be issued with the permission of customs and customs officers. Import duty is a levy or import duty on imported goods collected by the Directorate General of Customs and Excise (DJBC). The purpose of this study is to find out how criminal liability for perpetrators of the crime of dismantling imported goods outside the customs area or other places without the permission of the head of the customs office, to find out the factors that affect criminal liability for the perpetrators of the crime of dismantling imported goods outside the customs area or other places without the permission of the head of the customs office, To find out the legal consequences for the perpetrators of the crime of dismantling imported goods in the outside the customs office, to find out the legal consequences for the perpetrators of the crime of dismantling imported goods outside the customs office or other places without the permission of the head of the customs office. The type of research used in this thesis is the normative juridical method.
CRIMINAL RESPONSIBILITY OF PERPETRATORS OF ASSAULT JOINTLY RESULTING IN DEATH: STUDY OF DECISION NUMBER 2526/PID.B/2022/PN MDN Salam, Nazla Abdul
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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The crime of assault committed jointly resulting in death is a form of serious crime regulated in Article 170 paragraph (2) 3 of the Criminal Code. This study aims to analyze the legal provisions governing criminal liability for perpetrators of assault jointly and how the principle of individual criminal liability is applied in concrete cases. The method used is normative juridical with a descriptive-analytical approach to Decision Number 2526/Pid.B/2022/PN Mdn. The results of the analysis show that the panel of judges considered the elements of joint violence, the involvement of the perpetrators, and the impacts caused. The defendant was sentenced to 8 years and 6 months in prison. The conclusion of this study is that in cases of collective crime, criminal liability must be determined based on the role of each perpetrator.
COMMERCIAL KIDNEY ORGAN TRANSPLANTATION FROM THE PERSPECTIVE OF POSITIVE LAW AND ISLAMIC LAW Aidil, Muhammad
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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In the medical world, commercial practices in kidney organ transplantation often occur, with economic motives as the background. This practice is prohibited by positive law, both at the national and international levels, as well as by Islamic law. There are differences of opinion between positive law and Islamic law in regulating organ transplantation. Therefore, the author will discuss the legal regulation of kidney organ transplantation from the perspective of positive law and Islamic law. This study aims to analyze the legal regulation of kidney organ transplantation from the perspective of positive law and Islamic law, as well as the application of sanctions for perpetrators of illegal transplantation and preventive measures that can be taken. The method used is normative juridical legal research with a legislative and conceptual approach. The data sources used include primary, secondary, and tertiary data. The results of the study indicate that kidney transplantation must be carried out voluntarily, without coercion or compensation. The practice of organ trafficking is prohibited by positive law and Islamic law. However, there are differences between positive law and the views of the four schools of thought; positive law allows healthy donors, while the schools of thought prohibit transplantation in healthy or dying conditions. This study recommends that the government prevent organ trafficking by improving the economic welfare of the community.

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