Journal Equity of Law and Governance

Criminal Law Enforcement Against Ding Dong Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn)

Habibullah Nasution, Khalid — Wed, 11 Sep 2024 14:32:58 +0700

Criminal Law Enforcement Against Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn). Gambling is a harmful activity that many people engage in. This is one of the crimes that is classified as forbidden by law or religion. Nonetheless, the community as a whole engages in this behavior frequently because they believe that winning this gambling game will double their earnings. Numerous prohibited behaviors exist, ranging in size from little to vast, deliberate or inadvertent, and motivated by genuine whims or practical pranks. Regardless of age, gambling is becoming more and more commonplace. This researcher applies a particular kind of normative legislation. The study methodology known as the normative legal research technique is centered on the examination of primary and secondary sources as well as literature. Both a conceptual approach and a legislative approach are employed in this study. Scholars' perspectives provided the key data for this investigation. Secondary data on this study topic was gathered in the interim from relevant books, papers, journals, and laws. The Medan District Court stressed in its ruling that gambling activities, including fish shooting and ding dong gaming, were illegal based on its review of judgment Number 1311/Pid.B/2020/PN.Mdn. This ruling is a reflection of the rigorous efforts made by law enforcement to implement the rules against gambling-related offenses, which are forbidden under the Law of the Republic of Indonesia. Gambling criminals may face jail time or fines as part of their criminal penalties.

The Role of the Village Head in Managing Bumdes Based on Law no. 06 of 2014 concerning Villages in Realizing Community Welfare Perspective of Islamic Law (Case Study of Bumdesa Aek Haruaya, Portibi District, North Padang Lawas District)

Roufdy Rizky Prasetyo, Khalid — Fri, 13 Sep 2024 08:15:11 +0700

This study uses a case study of BUMDes Aek Haruaya, Portibi District, Padang Lawas Utara Regency, to analyze the function of the Village Head in the management of Village-Owned Enterprises (BUMDes) based on Law No. 06 of 2014 on Villages and from an Islamic legal perspective. The primary goal of this study is to assess the Village Head's performance in managing BUMDes and the ways in which this management promotes the welfare of the village community. Field study using a descriptive qualitative technique is the research methodology employed. Through observations, interviews, and pertinent document analyses, data were gathered. According to the report, the Village Head is crucial to the planning, implementation, and evaluation of BUMDes programs. According to Law No. 06 of 2014, the Village Head is expected to manage BUMDes with high transparency and accountability. From an Islamic legal perspective, the management of BUMDes should adhere to principles of justice, welfare, and economic sustainability. The study also identified several challenges, including a lack of resources and training. The main recommendations include enhancing the Village Head's capacity through training, increasing resource allocation, and implementing effective monitoring and evaluation systems. The conclusion of this study emphasizes the importance of the Village Head's role in managing BUMDes to achieve community welfare, while adhering to legal regulations and Islamic principles.

Criminal Responsibility For The Perpetrator Of The Crime Of Sexual Abuse Committed By A Child Perpetrator Against A Child Victim Verdict Number : 35/Pid.Sus-Anak/2023/ Pn Mdn

Michael Nainggolan, Jessie, Novida Silaban, Sigar P. Berutu — Mon, 16 Sep 2024 20:19:22 +0700

This study examines the criminal responsibility of juvenile offenders involved in sexual abuse cases, focusing on Decision No. 35/Pid.Sus-Anak/2023/PN Mdn. Indonesia's legal framework for child protection is grounded in the 1945 Constitution and laws such as the Child Welfare Law No. 4 of 1979 and the Child Protection Law No. 35 of 2014. These laws aim to ensure children's rights to safety and balanced development, even when they are involved in criminal activities. Using a normative juridical approach, this research analyzes legal materials related to juvenile justice and child protection. The case study involves a juvenile perpetrator convicted of sexual abuse, highlighting the application of restorative justice principles. The research emphasizes that even when children commit crimes, they should receive legal protection that promotes their rehabilitation. In Decision No. 35/Pid.Sus-Anak/2023, the judge sentenced the juvenile offender to formal education and training, reflecting the goal of restorative justice, which prioritizes rehabilitation over punishment. This case illustrates the importance of considering non-juridical factors, such as psychological and social development, in the juvenile justice process. The study concludes that legal protection for children in conflict with the law should aim to foster their development into law-abiding citizens, aligning with the principles of restorative justice.

Zulna Fiqih Siyasah On Bnn's Duties in Overcoming Drug Trafficking According to Bnn Regulation Number 5 Of 2020 (Case Study of Tanjung Selamat District, Padang Tualang District, Langkat Regency)

M. Nashuha, Zulkarnain — Tue, 17 Sep 2024 18:32:11 +0700

Countering drug trafficking is one of the major challenges in maintaining public safety and welfare. This study focuses on BNN Regulation Number 5 of 2020 and its implementation in Tanjung Selamat Village, Padang Tualang District, Lalat Regency, and looks at the perspective of fiqh siyasah on the duties of the National Narcotics Agency (BNN) in dealing with drug trafficking. The type of research in this case is empirical juridical with a sociological approach. Primary data was obtained through an interview process with related parties. The results of the study show that despite obstacles such as budget limitations and limited access, BNN's efforts in Tanjung Selamat Village are in line with the principles of justice and protection in fiqh siyasah. The results show that, in the context of fiqh siyasah, BNN regulation Number 5 of 2020 concerning the organization and governance of the National Narcotics Agency supports the government's efforts to protect the public from the dangers of drugs and provides guidance to increase the effectiveness of local drug control strategies.

Law Enforcement of Domestic Violence Cases Reviewed from Law No. 23 of 2004 concerning the Elimination of Domestic Violence (Case Study at the Medan Police PPA Unit)

Haris Setiawan, Zaid Alfauza Marpaung — Tue, 17 Sep 2024 18:50:16 +0700

This research aims to analyze the implementation of law the challenges faced by the Medan Police in enforcing laws against domestic abuse crimes. Two types of data were used in this study: primary and secondary. The primary data was obtained through an in-person interview with Mrs. Shitta Syadhira Ayu, the Assistant Investigator of the Medan Police PPA Unit. Books, magazines, articles, papers, and statutory regulations especially those pertaining to the topics under discussion all constitute sources of secondary data. The study's findings clarify how the Medan Police's response to domestic abuse crimes included both repressive and preventive measures and the obstacle factors in law enforcement for criminal acts of domestic violence at the Medan Police are obstacles in penal mediation and obstacles in the legal process. Obstacles in resolving criminal acts of domestic violence through legal channels, namely the collection of initial evidence and the attitude of the victim himself.

Criminal Offenses of Misuse of Deepfake Porn Technology Based on Indonesia's Positive Law

Siti Nur Azizah, Zaid Alfauza Marpaung — Tue, 17 Sep 2024 18:57:37 +0700

This study aims to analyze the adequacy of Indonesia's positive law in addressing the criminal offenses related to the misuse of deepfake porn technology. As information and communication technology continues to advance significantly, many people utilize these technological developments for beneficial purposes. However, these advancements have also contributed to the rise of new forms of cybercrime, such as deepfake porn a manipulated video or photo containing pornographic content. The normative juridical technique used in this study includes secondary data analysis and literature review. Despite laws targeting the use of pornographic content on websites, such as the Criminal Code, Law Number 44 of 2008 on Pornography, Law Number 27 of 2022 on Personal Data Protection, and Law Number 1 of 2024 (Second Amendment to Law Number 11 of 2008 on Information and Electronic Transactions), the findings show that Indonesia's current legal framework is insufficient to effectively prosecute deepfake porn offenders. The absence of precision in these legal laws regarding deepfake porn reveals serious weaknesses in the criminal law policy of the nation.

Accountability of The Government of The Republic of Indonesia For Illegal Migrant Workers

Amilatul Khoiriyah, Didiek Wahju Indarta — Thu, 19 Sep 2024 12:10:35 +0700

The accountability of the Indonesian government towards illegal migrant workers. This study examines how the government is accountable to illegal Indonesian migrant workers. This study aims to find out the causes, obstacles, and legal protection of illegal Indonesia migrant workers. This study uses a normative approach used to examine the protection of migrant workers in the context of government accountability for illegal migrant workers. The data sources used are primary data and secondary data and data analysis using qualitative descriptive analysis. The results of the study can be concluded that illegal Indonesian migrant workers do not receive strong legal protection and accountability from the government like legal migrant workers. This study recommends the need for stricter supervision of institutions that open service services to work abroad and for the public to be aware of false information about the rapid departure of Indonesia's migrant workers.

Juridical Analysis of PTUN Decision No. 128/G/PTUN-MDN Regarding the Dismission of Civil Servants Without Respect from the Perspective of Fiqih Siyasah

Bayu Rizky Wirawan, Muhammad Ramadhan — Thu, 26 Sep 2024 11:44:32 +0700

This study aims to conduct an in-depth analysis of PTUN Decision No. 128/G/PTUN-MDN concerning the dismissal of civil servants (PNS) without honor. Utilizing a fiqh siyasah approach, this research explores the juridical and administrative aspects of the decision. In the legal context, the study examines the compliance of the decision with various applicable regulations, including Law No. 5 of 2014 on State Civil Apparatus, which regulates the procedures and processes for dismissing civil servants. Additionally, this research assesses whether the dismissal process has been carried out in accordance with the principles of good governance, such as transparency, accountability, and participation. From the perspective of fiqh siyasah, this study aims to evaluate the legitimacy of government actions in dismissing civil servants and their impact on justice and the protection of individual rights. The analysis includes a comparison with Islamic principles related to justice and human rights. The findings indicate that the PTUN decision serves not only as a means of legal enforcement but also reflects the ethical and moral values that should be upheld in governance. This decision can be seen as a manifestation of efforts to create justice in public administration and the necessity of considering moral aspects in every government action. This research contributes significantly to the understanding of the complex relationship between law, public administration, and Islamic values in public policy, emphasizing the importance of integrating fiqh siyasah principles into governmental decision-making.

Law Enforcement and Protection in The Management of Incidental Parking in Medan City

Pebri Anto Purba, M Rizal — Thu, 26 Sep 2024 11:49:03 +0700

This study aims to conduct a comprehensive analysis of law enforcement and legal protection in the management of incidental parking in the city of Medan. Incidental parking refers to temporary and unscheduled parking services that are often subject to legal challenges related to governance, security, and the protection of users’ rights. Through a normative juridical approach, this study examines the level of compliance with applicable regulations, including local regulations and laws that govern parking systems in urban areas. The research also delves into the practical implementation of these regulations, identifying gaps and challenges that exist within the current system. Several key issues are highlighted, including the lack of effective supervision, inconsistencies in tariff setting, and limited transparency in the management of incidental parking services. These problems can create uncertainty and potential injustice for the public, particularly for service users who often encounter arbitrary practices. Furthermore, the study evaluates the extent to which consumer rights are protected in incidental parking scenarios, examining the legal mechanisms in place to safeguard these rights and the role of local government authorities in ensuring compliance with legal standards. The findings reveal significant weaknesses in law enforcement within the incidental parking management system in Medan, particularly in relation to regulatory oversight and enforcement. The study emphasizes the need for stronger, more effective supervision and enhanced regulatory frameworks to address existing deficiencies. In order to achieve better public protection, the local government is urged to implement policies that increase transparency, ensure fair pricing, and improve accountability among parking service providers.

Exemption from the position of Head of the Health Office by the Regent of Deli Serdang (Study of the Decision of the State Administrative Court Number 38/G/2023/PTUN. MDN Siyasah Qadhaiyyah Perspective)

Risalah Adha Harahap, Tetty Marlina Tarigan — Tue, 01 Oct 2024 12:26:50 +0700

In this study, the state administrativ Court's (PTUN) Decision Number 38/G/2023/PTUN.MDN is analyzed which is related to the dismissal of the Head of the Deli Serdang Health Office by the Regent. The main issue raised is the legality of the dismissal from the perspective of administrative law and the principles of siy?sah qa?h?’iyyah. This research employs a library research method aimed at collecting and analyzing data from various literature sources, including books, journals, legislation, and relevant court decisions. The research methodology consists of several main approaches, namely normative juridical studies, legislative approach, conceptual approach, and case approach. The key findings indicate that although the Regent has the authority to impose disciplinary sanctions, the dismissal decision did not meet the proper procedural standards. The court found that the decision was procedurally flawed and unsupported by sufficient evidence. Additionally, the Regent was deemed unjust for not providing adequate explanation regarding the alleged violations committed by the Plaintiff and appeared to favor other officials involved in similar violations. The conclusion of this research emphasizes the importance of justice, transparency, and adherence to legal procedures in administrative decision-making. The PTUN ruled in favor of the Plaintiff, annulled the Regent's decision, and reinstated the Plaintiff to their previous position. This ruling reflects the principles of accountability and justice in public service, which must be upheld in governance.

Analysis of Domestic Infidelity Resulting in Loss of Life SUPREME COURT DECISION NUMBER 350 K / PID / 2011

Rogabe Rajagukguk, Frans Doni A. Pasaribu, Tarisa Alfani Siregar, Said Rizal — Thu, 03 Oct 2024 13:34:04 +0700

This study aims to analyse the legal implications of infidelity in the household that leads to the loss of life with a case study of Supreme Court Decision Number 350 K/PID/2011. The research focuses on how Indonesian law addresses cases where infidelity results in murder, as well as the legal challenges faced in prosecuting such cases, including the intersection of criminal law and family law. The study investigates the obstacles encountered by law enforcement, such as conflicting testimony and insufficient evidence, which complicate the prosecution of infidelity-related homicides. The study uses a normative juridical method along with a descriptive analysis of court decisions and legal texts to show differences between how the crime was categorised by the law and how it was found by the courts. The findings indicate that we can classify infidelity in this context as a factor contributing to premeditated murder, but we still face significant legal hurdles in distinguishing the criminal liability of involved parties. We offer recommendations to strengthen law enforcement's capacity, improve judicial processes, and enhance transparency in handling such cases.

Legal Analysis of The Role of Mediators in The Sibolga Religious Court in Minimizing Divorce Rates

Chairun Nabila, Syofiaty Lubis — Mon, 07 Oct 2024 13:34:09 +0700

This study aims to analyze the role of mediators in the mediation process of divorce cases at the Sibolga Religious Court and the effectiveness of mediation efforts in minimizing the divorce rate. Based on data from the Sibolga Religious Court, there was a significant increase in the success rate of mediation in 2021 and 2022. In 2021, from a target mediation success rate of 5%, the realization reached 11.36%, more than double the initial target. In 2022, the success of mediation increased again, reaching 20%, aligning with the set target. In addition, the number of divorce cases decreased from 142 cases in 2021 to 127 cases in 2022. This type of research uses qualitative research with data collection techniques through in-depth interviews with mediators and direct observation to the Sibolga Religious Court and relies on legal documents, mediation reports, related laws and regulations, journals, books, and other relevant articles. The results of the study show that mediators have an important role in facilitating communication and negotiation between the parties to the case, helping them reach a peaceful agreement without having to proceed with the divorce. The increase in mediation effectiveness can be attributed to a variety of factors, including mediator training, a more personalized approach, and increased public awareness of the importance of mediation. In conclusion, mediation at the Sibolga Religious Court has proven to be effective in reducing the divorce rate, and with a more intensive strategy, mediation has greater potential to resolve family conflicts.

Legal Protection of Insurance Policyholders of PT Aspan Medan in the Revocation of Business License by the Financial Services Authority Institution

Kumala Sari Nasution, Adlin Budhiawan — Mon, 07 Oct 2024 13:38:07 +0700

Public trust in insurance companies is growing rapidly, as shown by the amount of premiums successfully collected by insurance companies. Therefore, insurance companies must improve their performance to support public trust in insurance. The life insurance firm Aspan Medan Company lost its business license from Financial Services Authority. Financial Services Authority roles, functions, and authority are the study's issues. Impact of Financial Services Authority insurance business license revocation on parties' mechanisms, rights, and duties Juridical examination of Financial Services Authority insurance company license revocation According to Insurance Law 40 of 2014, Descriptive legal research employs normative and empirical methods. Literature-based qualitative data analysis. Financial Services Authority regulates and supervises banks. Bank health regulation and monitoring. Bank prudential regulation and oversight. Mechanisms, rights, and duties of parties affected by Financial Services Authority insurance business license revocation. Financial Services Authority insurance company license revocation process A member of the Financial Services Authority Board of Commissioners and the Chief Executive Officer of the Nonbank Financial Industry Supervisor approve the letter of revocation of an insurance business license, transferring all rights and obligations to third parties, creditors, and policyholders. Juridical review of the Financial Services Authority's revocation of an insurance business license under Insurance Law Number 40 of 2014. If the Financial Services Authority believes the Insurance Company's condition endangers Policyholders, Insured, or Participants, it may revoke business licenses without other administrative sanctions.

Re-Voting for The Election of Regents and Deputy Regents (Analysis Study of The Constitutional Court Decision Number: 58/Php. Bup-Xix/2021 Siyasah Qadhaiyah Perspective)

Ramsah, Zaid al Fauza Marpaung — Fri, 18 Oct 2024 08:59:49 +0700

This study aims to conduct an in-depth analysis of the Constitutional Court Decision No. 58/PHP.BUP-XIX/2021, which ordered a re-vote in the 2020 Labuhanbatu Regent and Deputy Regent Election, from the perspective of Siyasah Qadhaiyah (Islamic judicial politics). The focus of this research is to examine how the Constitutional Court's decision can be understood within the framework of Islamic legal principles, such as justice (‘adl), responsibility (amanah), and public interest (maslahah), and to assess whether the ruling aligns with or deviates from the concept of Fiqh Siyasah Qadhaiyah. The main question addressed in this study is whether the Constitutional Court’s action in ordering a re-vote adheres to Siyasah Qadhaiyah principles, particularly in ensuring justice, transparency, and accountability in the electoral process. Using a normative approach by reviewing both Indonesian positive law and Fiqh Siyasah Qadhaiyah literature, this study also explores how Islamic principles can be applied in a modern context to safeguard the integrity and fairness of the democratic process. By employing judicial decision analysis, the research aims to understand the impact of the Constitutional Court’s ruling on the protection of voters' rights and its contribution to the enforcement of substantive justice in elections. The results of this study are expected to provide theoretical contributions to the development of Islamic legal thought in relation to modern legal systems, particularly in resolving regional election disputes in Indonesia.

A Critical Review of Restorative Justice Policy in the Indonesian Criminal Justice System Post Law No. 1 of 2023 concerning the Criminal Code

Wed, 23 Oct 2024 12:26:26 +0700

This research examines how the amendments introduced by Law No. 1 of 2023 have integrated restorative justice practices into Indonesia's criminal justice system. It explores key obstacles, particularly the tension between restorative justice and the traditional emphasis on punitive measures within society's legal framework. Utilizing a normative descriptive and juridical-analytical approach, the study employs the normative legal method to trace the evolution of Indonesian criminal law and assess the implementation of restorative justice through primary and secondary legal sources. Despite several existing laws supporting restorative justice, the study reveals that the 2023 Criminal Code lacks precise guidelines, resulting in legal ambiguities. Another significant barrier to the broad application of restorative justice is societal resistance, rooted in a cultural preference for punitive justice. The findings suggest that to address these challenges, there is a need to strengthen legislation, provide training for law enforcement, and increase public awareness about restorative justice.

Law Enforcement Against Hazardous Waste Pollution Links to Environmental Protection (PT. Kimu Case Study)

Rismawati, Yuniar Rahmatiar, Muhamad Abas — Thu, 31 Oct 2024 08:41:07 +0700

The purpose of this study is to determine the law enforcement against environmental pollution due to hazardous and toxic waste by PT Kimu Sukses Abadi. Regulations that regulate the problem of surrounding defilement made from industry enterprises that make hazardous and toxic mill cesspits require laws that can keep effect negative on their around neighborhood, videlicet reasonable laws. The inquiry of this learn is how to enforce criminal juristic opposed to conservationist pollution due to risk plus virulent waste and how is the element that hinders the effectiveness of Institute Numeric 32 of 2009 regarding ecological safeguard with administration. The near process utilized via the writer of researchers observational juridical, which is a study that emphasizes main statutory resources, namely interviews plus observations. The findings from this examination explain the weakness belonging to lawful Implementation inside handling alongside surrounding contamination due to hazardous and toxic materials carried out by companies due to negligence and weak supervision of law enforcement officials or related agencies that cause pollution of the surrounding environment so that river water becomes polluted and watersheds become damaged and very detrimental to the community and the Role of Local Governments in Law Enforcement Against B3 Waste Dirtiness is linked to Law Number 32 of 2009 pertains to the safeguarding and administration of environmental resources, namely 1) Supervision also Monitoring, 2) Implementation via administrative sanctions by the Regional Government, 3) The importance of coordination between the Regional Government and central agencies.

Nisab Zakat Profi E-Sport Perspective Qiyas

Livia Nanda Chairunnisa Nasution, Abd Rahman Harahap — Thu, 31 Oct 2024 08:59:52 +0700

One of the uses of technology in the video game industry has led to a new reality: playing video games can now become a profession with significant income. E-Sports (Electronic Sports) is a form of competitive video gaming that demands high skill and teamwork to achieve victory. This profession has grown in popularity as its income often far exceeds the regional minimum wage in various cities. This situation raises questions about the obligation of zakat for e-sports players, considering that in Islam, zakat is required for professions whose income reaches the nisab or minimum threshold. Zakat plays a crucial role in promoting wealth distribution and community welfare. However, applying zakat to modern professions such as e-sports requires adjustments in terms of nisab, rate, and payment timing, which can be determined through the method of qiyas (analogy). This study aims to examine the concept of the nisab for professional zakat in e-sports from a qiyas perspective. The research uses a normative approach with a conceptual approach, where data analysis is conducted through literature review by studying relevant theories from related literature. The analysis shows that income from the e-sports profession is subject to zakat, using the analogy of gold zakat, with a nisab value of 85 grams of gold and a zakat rate of 2.5%.