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All Journal Substantive Justice International Journal of Law Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Law_Jurnal JURNAL ILMIAH GLOBAL EDUCATION SENTRI: Jurnal Riset Ilmiah SWARNA SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum International Asia Of Law and Money Laundering (IAML) Legalpreneur Journal JGEN : Jurnal Pengabdian Kepada Masyarakat SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum SASI
Sitompul, Ariman
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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The Crime of Prostitution in View of the KUHP and Law No. 19 Year 2016 Sitompul, Ariman
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7266

Abstract

Sex work through social media has now become a criminal problem that is often encountered through social media, Instagram, WhatsApp, Facebook, and other applications such as micat and tantan. This happens with the increase in a person's lifestyle or economic problems. Proof of criminal law in cyber crimes in the form of commercial sex workers through social media is the focus of this research. The type of legal research carried out is normative juridical, so the approach used is the Statute approach and the conceptual approach. Evidence of cyber prostitution is the same as Article 184 of the Criminal Procedure Code, namely regarding evidence in the form of witness statements, expert statements, letters, instructions. However, in the ITE Law, cases that become evidence can be said to be digital evidence because they are in the form of electronic information and/or electronic documents in accordance with the criteria in Article 1 number 1 and number 4 of Law Number 19 of 2016 so that this digital evidence can clarify facts that have occurred supported by other evidence.
War Crimes In Palestine From The Perspective Of The International Criminal Court (ICC) Sitompul, Ariman
International Asia Of Law and Money Laundering (IAML) Vol. 2 No. 4 (2023): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v2i4.72

Abstract

The purpose of this study is to find out what becomes the main considerations of an entity recognized as a state by law war crimes from an International Criminal perspective Court (ICC) . Types of research used in this study is juridical normative, with the approach of legislation, case study, and historical approach. The results of this study Article 1 of the montevidio Convention states that there are four criteria that must be met by a new state to become a sovereign state, namely; the existence of a permanent population, Territory, government, and the capacity of the state as a support in relations with other countries. There is also a recognition of a state that is divided into two forms, namely de jure recognition and de facto, Palestine has been recognized de jure because in its practice as evidenced by conducting international agreements with several countries. The ICC has four types of jurisdiction: personal, criminal, temporal and territorial. Pleased that we can return to the automatic principle of locus delicti that Israel commits war crimes in the Palestinian territories and supported by the jurisdiction of the court, then the ICC is more than enough to judge Israel using the jurisdiction of the automatic principle contained the Rome statute of 1998. The unwilling and unable criteria can be extended by Article 13 of the 1998 Rome Statute, which states that the ICC has three powers to investigate international crimes, if there is a conviction that one or all of the parties committed international crimes in accordance with Article 5 of the 1998 Rome Statute.
Mediation in the Settlement of Inheritance and Joint Property Matters in the Medan Religious Court Sitompul, Ariman; Gayo, Sabela; Mary, Dina
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.85

Abstract

Conflict or dispute always exists in every human relationship in social interaction, common property is a thing that often triggers conflict in the family is known that not a few cases of conflict which resulted from the inheritance that goes to court. Disputes generally occur regarding rights and obligations that are classified in civil conflict issues can be resolved one of them by mediation both out of court and in court. Mediation in the settlement of civil cases can conducted at the beginning of litigation as well as during litigation against inheritance claims, joint property claims. Solution dispute specifically has the meaning that the dispute between husband and wife differences of opinion between the two parties due to property can also refer to disputes so that over this there is an imbalance ownership and need a good mediation process to equalize the position for both parties. This study aims to explain the legal power of mediation in court proceedings Religion Medan, the second to know the procedures for the division of inheritance and joint property according to compilation of Islamic law. Type of research used is empirical legal research with approach juridical sociological. The Data used is sourced from primary and secondary legal data analyzed qualitatively. The results of this study indicate that the legal power of mediation in the trial process in the Religious Court of Medan, namely with the deed of peace, the result of the peace agreement received legal certainty, the second division of common property according to the compilation of the law Islam is a husband or wife gets the same half because it is also seen based on taste fairness or good faith of one of the parties.
Fair Law in Money Laundering with the Origin of Corruption with the Concept of Asset Seizure Sitompul, Ariman; Aisyah, Aisyah
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 3 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i3.101

Abstract

Money laundering is a guarantee to get the results of criminal acts establish the economic responsibilities of a country and especially of tact currency exchange rates will be more difficult. Glassy from this, the achievement of assets becomes important because the method of approach used to be known as "following the money". The concept of Internal Revenue money from the perspective of Justice. This study is the norm or research doctrinaire, also referred to as dogmatic research with a conceptual approach and legislation. The study found that the achievement of assets in laundering money has actually been seized in Indonesia in the form of criminal forfeiture based on Criminal Code and code of Criminal Procedure, civil forfeiture and administrative forfeiture under the PPTPPU law, but in setting and implementation there is still a law that can used by criminals to return the proceeds of their crimes, so as not to get a sense of Justice, harming the state and society completely money kidnapping victim. Based on the perspective of Justice derived from the fundamental principle of Justice states that justice should not be contested the culprit. This underlies the need for consideration of regulatory responsibility foreclosure of assets, especially related to civil / in foreclosure rem by reformulating unity in the UU PPTPPU. In addition, liability claims can also be made through legislation that specifically addresses the achievement of assets with a train of thought that is not just limited to the assets in the account user creation service providers only, but includes all assets associated with evil. Maintaining health against certain infectious diseases is also good it needs to be organized to increase the sense of justice for society and the state.
Legal Liability for Importers in Making Payments Through the Telegraphic Transfer System at PT. Sumatera Ocean Transindo Syawal Lubis, Muhammad; Sitompul, Ariman; Ruslaan, Ruslan
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 3 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i3.103

Abstract

In digital All Access is easy to do activities.Combining relations between parties in an international context is not an easy affair. It involves differing systems,views, and judgments that act as standards that must be adhered to by parties in different countries. Transacting in the context of international business at this time is not a difficult thing,because various technological advances have opened up huge opportunities for the international community to relate to each other. However, this ease can also cause various problems between them.International business is a convict state, where convicts grant broad freedom to the parties concerned to make, negotiate, and enforce the clauses they agree to. However, it is important to recognize that in order to carry out such business activities, the parties must carefully understand the rules of law in force in the opposing country. This will have a significant impact on the implementation of the agreement. Therefore, it is very important for researchers to clarify legal protections in international business transactions in the era of Free Trade. In payment by Telegraphic Transfer there are facilities and shortcomings, which deficiencies will be very bad both exporters and importers. There is another solution from the payment system other than Telegraphic Transfer, namely there is a Letter of Credit explained that the payment of this Letter of Credit equally guarantees its security to both parties, namely exporters and importers.
Seeking Justice: Criticizing the Decision of the Tapak Tuan District Court Number 37/Pid.Sus/2020/PN. Ttn Regarding Domestic Violence Lubis, Andi Hakim; Sitompul, Ariman; Pinem , Serimin; Zulyadi , Rizkan; Siagian, Fahrizal
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8591

Abstract

The research aimed to analyze the alignment between the judge's decision in cases of domestic violence against children and the provisions of Law Number 23 of 2004 on the Elimination of Domestic Violence and Qonun Number 9 of 2019 on the Implementation of Handling Violence Against Women and Children. The study also considered moral considerations and the overall benefits. The research methodology employs a case law study, which involves examining court decisions to get insight into the application of the law in specific circumstances. Specifically, the study focuses on the Decision of the Tapak Tuan District Court Judge Number 37/Pid.Sus/2020/PN. Case law is utilized to examine court rulings to comprehend how the law is implemented in specific instances. The library research method is employed in conjunction with a sociological juridical perspective. The data for the research is sourced from the Law and various pertinent articles addressing the research difficulties. Furthermore, to bolster the ideas of the study, the paper also incorporates the findings of several empirical studies. According to the findings, it appears that the judge primarily focuses on formal factors and gives little weight to material considerations in their decision-making process. This aligns with the viewpoint expressed by Member Judge II and the concurring opinion within the panel of judges. However, the author acknowledges and values the decision made by the panel of judges. The author recognizes the challenging nature of the judges' task, as they must not only consider the legal interests involved in the case, but also consider the community's sense of justice in order to achieve legal certainty.
Tanggungjawab Sosial Dalam Tatakelola Perusahaan yang Baik Terhadap Masyarakat Desa Pangobusan, Kabupaten Toba Kusbianto, Kusbianto; Sitompul, Ariman; Sahputra, Rilawadi; Ruslan, Ruslan; Azmi, Syariful; Simamora, Melki Suhery; Nurhayati, Nurhayati; Satar, Abdul
SWARNA: Jurnal Pengabdian Kepada Masyarakat Vol. 3 No. 5 (2024): SWARNA: Jurnal Pengabdian Kepada Masyarakat, Mei 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/swarna.v3i5.1308

Abstract

Kegiatan pengabdian kepada masyarakat (PkM) merupakan salah satu implementasi keterlibatan perguruan tinggi dalam pembangunan masyarakat. Keterlibatan perguruan tinggi terhadap kegiatan kemasyarakatan adalah wujud aktualisasi darma pengabdian kepada masyarakat sebagai salah satu darma dalam pendidikan tinggi. Pada kegiatan pengabdian kepada masyarakat (PkM) di Desa Pangobusan, Kecamatan Parmaksian, Kabupaten Toba Sumatera Utara, Mahasiswa dan dosen melaksanakan Tanggungjawab Sosial Dalam Tatakelola Perusahaan Yang Baik Terhadap Masyarakat. Oleh karena itu, tim pengabdian kepada masyarakat (PkM) merancang kegiatan sosialisasi, pendampingan dan pemberdayaan kelompok masyarakat desa untuk meningkatkan pemahaman masyarakat dalam aspek hukum dan kemasyarakatan yang terkait dengan keberadaan PT. TPL (Tbk), tim pengabdian kepada masyarakat (PkM) juga menyasar sektor ekonomi, kesehatan dan pendidikan dengan memberikan pemahaman tentang pentingnya Tanggungjawab Sosial Dalam Tatakelola Perusahaan Yang Baik Terhadap Masyarakat. Semua kegiatan pengabdian kepada masyarakat (PkM) dimaksudkan untuk meningkatkan pemahaman masyarakat simbiosis mutualisme antara perusahaan dan masyarakat atau sebaliknya sehingga bisa membantu meningkatkan perekonomian, khususnya pada sektor pertanian yang menjadi sektor andalan masyarakat Desa Pangobusan, Kecamatan Parmaksian, Kabupaten Toba Sumatera Utara.
Legal Regulations for Children Involved in Narcotics Crimes in Indonesia Guntari, Suryani; Kusbianto, Kusbianto; Zuliah, Azmiati; Sitompul, Ariman
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 3 No. 3 (2024): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Juni 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v3i3.1301

Abstract

Norms that protect children as perpetrators or victims, especially narcotics, are basically complete, namely the application of Law No. 35 Of 2009 On Narcotics Against Children Involved In Narcotics Crimes After The Birth Of Law No. 11 of 2012 on Child Protection. Seeing the verdict against the child offender who should be given protection, on the other hand the child protection rules strongly emphasize that children should not be reduced let alone deprived of their independence. The research method uses empirical juridical approach, the data used is secondary data and primary data. The interviewees in this study consisted of interviews with judges, investigators, child lawyers, social workers from Child Protection institutions. The data analysis used is qualitative. The provisions stipulated in law No. 35 of 2009 this of course applies in general but if involved in narcotics crime is a child then it is mandatory to use the Child Act. Before the birth of Law No. 11 of 2012 on the juvenile criminal justice system, the law used in the event law is law No. 3 year 1997 namundalam practice when the procedural law is regulated in the Narcotics Crime Act then used by investigators is the Narcotics Act while the Act No. 3 of 1997 on Juvenile Court impressed only as a companion to the law.
Legal Protection of Trademarks That Have Similarities In Principle In The Trademark Registration Process Is Associated with The Principle of Good Faith Yuanda, Eryanto Pangaftu; Sahputra, Rilawadi; Sitompul, Ariman
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 3 No. 4 (2024): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v3i4.1417

Abstract

How the legal protection of brands that have similarities in essence on the trademark registration process is associated with the principle of good faith, as well as how the implementation of the provisions of equality in essence on trademark disputes and the consideration of judges in deciding the dispute is associated doctrine of Nearly Resembles (case study Supreme Court Decision No. 606.k / pdt.sus-HKI/2018). Research methods, this type of research is normative, descriptive research, taken from secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques with library studies / documentation studies. This study uses qualitative analysis.The result of this research is 2. Legal protection is carried out starting from the application, examination, and announcement, in the end the registrant meets the administrative requirements and the examination of the brand substancResearch methods, this type of research is normative, descriptive research, taken from secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques with library studies / documentation studies. This study uses qualitative analysis.The result of this research is 2. Legal protection is carried out starting from the application, examination, and announcement, in the end the registrant meets the administrative requirements and the examinatiaw.
Obstacles Faced by The Curator, As Well As The Efforts Made by The Curator In Conducting Actio Pauliana Against Bankruptcy Assets Sianipar, Mangatur Ruhut Banuara; Sahputra, Rilawadi; Sitompul, Ariman
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 3 No. 4 (2024): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v3i4.1418

Abstract

The formulation of the problem in this writing is how the rules of law governing the implementation of Actio Pauliana against bankruptcy assets, what factors are obstacles, as well as the efforts made by the curator in conducting Actio Pauliana against bankruptcy assets (based on Case Study decision Number: 1/Pdt.Sus-Actio Pauliana/2022 / Fr.Commerce. Mdn Jo. Number 32/Rev.Sus PKPU/2021 / Fr. Commerce.Mdn). In addition, how is the role of the curator in conducting Actio Pauliana against bankruptcy assets (based on a case study of decision Number: 1/Pdt.Sus-Actio Pauliana/2022 / Fr. Commerce.Mdn Jo. Number 32/Rev.Sus PKPU/2021 / Fr. Commerce.Mdn). The type of research that will be used in the writing of the thesis is empirical juridical research. The results of the study of factors that become obstacles, in conducting Actio Pauliana against bankruptcy assets based on decision Number: 1 / Pdt.Sus-Actio Pauliana/2022 / Fr. Commerce.Mdn Jo. No. 32 / Pdt.Sus Pkpu/2021 / Fr. Commerce.Mdn: 1. Juridical Aspect, 2. Non-Juridical Aspects: The Role Of The Curator In Conducting Actio Pauliana Against Bankruptcy Assets Based On Decision Number: 1 / Pdt.Sus-Actio Pauliana/ 2022 / Fr.Commerce. Mdn Jo. Number 32/Rev.Sus Pkpu/2021 / Fr.Commerce.Mdn: in doing Actio Pauliana, the curator must be able to prove that the legal action that has been done by the insolvent debtor/party that is closely related to the insolvent debtor is something that comes from the insolvent debtor and can harm or reduce the value of the insolvent boedel.
Co-Authors Adiputra, Adiputra Agung Dwi Laksono Aisyah Aisyah Azhary Lubis, Muhammad Dhobit Azmi, Syariful Desranta, Vincent Fahrizal S.Siagian Gayo, Sabela Guntari, Suryani Hasbi, Mhd. Hasibuan, Edi Saputra Jamillah Jamillah, Jamillah Kusbianto, Kusbianto Lubis, Andi Hakim Mary, Dina Maswandi Maswandi, Maswandi MELKI SUHERY SIMAMORA Miftahuddin Miftahuddin Mulyanta Sembiring, Dedek Nurhayati Nurhayati Pinem , Serimin Pranoto, Agus Ruslaan, Ruslan Ruslan Ruslan Sahputra, Rilawadi Saputra, Iqbal Satar, Abdul Sianipar, Mangatur Ruhut Banuara Sirait, Mangatur Surnada, Surnada Syawal Lubis, Muhammad Syukur Siregar, Abdul Winarko, Bagus Yuanda, Eryanto Pangaftu Yudha, Nano Eka Zuliah, Azmiati Zulyadi , Rizkan