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All Journal Jurnal Ilmiah Penegakan Hukum DIDAKTIKA : Jurnal Kependidikan ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum Jurnal Pengabdian Masyarakat (ABDIRA) Journal of Public Representative and Society Provision International Asia Of Law and Money Laundering (IAML) SASI
Maswandi Maswandi, Maswandi
Universitas Medan Area
Religion Aerospace Engineering Humanities Computer Science & IT Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Other

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IMPLEMENTASI PRINSIP CEPAT, SEDERHANA DAN BIAYA RINGAN DALAM PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DI INDONESIA Maswandi, Maswandi
Jurnal Ilmiah Penegakan Hukum Vol 3, No 1 (2016): Jurnal Ilmiah Penegakan Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1474.784 KB) | DOI: 10.31289/jiph.v3i1.1892

Abstract

The genesis of law No. 2 of 2004 Concerning Industrial Relations DisputeSettlement can not be separated from the Indonesian government’s efforts to meet theaspirations of people who crave the industrial relations dispute settlement to avoidprotracted and can be completed as simple as possible and at a low cost. Aspirations ofthe people is of course not independent due during the industrial relations disputesettlement through Law No. 22 of 1957 on the Settlement of Labour Dispute take quitsome time until many years and involve many agencies and require no small cost, so thatthe judicial settlement of disputes with the principle of last, simple and low cost as desiredLaw 48 of 2009 instead of Law No. 4 of 2004 on Judicial Power has not done well.
Community Views On Polygamy And Polyandry Islamic Legal Perspective Maswandi, Maswandi
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.v2i4.73

Abstract

Writing this article aims to determine the legal basis of polygamy and polyandry in Islamic law and positive law in Indonesia and the impact of polygamy and polyandry. In this paper using normative juridical approach with various theories of interpretation. Religious court is a judicial institution under the Supreme Court which is very important in dealing with issues regarding disputes related to the religion of Islam. Start from marriage, inheritance, wills, grants, Waqf, zakat, Infaq, Sadaqah, to sharia economy being the duty and authority of the Religious Court in accordance with articles 49 and 50 of Law No.7 Year 1989 on religious courts which has been amended by law No.3 of 2006. In Article 4 paragraph (1) of Law No. 1 of 1974 on marriage, if a husband wants to marry more of a person is obliged to apply to the court in the area of his residence (that is, the Religious Court). Also regulated in the next articles in the submission of polygamy must meet the requirements that have been determined according to the Marriage Act. Regulation on polygamy in positive law seems to make it difficult for husbands to polygamy, while Islamic law itself is not too make it difficult for a husband to polygamy. Therefore, these two laws must be in sync with each other in order to it does not cause a problem in marriage, especially polygamy and what has no rules but occurs is polyandry.
Halal food in the perspective of Consumer Law Protection Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 1 (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.v3i1.78

Abstract

Indonesia is a muslim majority country in the world. As Muslims, it is mandatory to comply with religious prohibitions that must be obeyed, namely by not consuming food and drinks (food) that are made/have kandungantidak halal. Several laws, namely: Consumer Protection Law, Health Law, Food Law and Halal Product Guarantee Law(UUJPH)are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian muslim communities.This paper is a descriptive qualitative that seeks to provide an overview of the problems of regulation of halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this study that the regulation of halal food products for companies or business actors who will trade their products in Indonesia based on Uujphif associated with consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely with Halal Certification Marks and Halal labels. Likewise, several laws and regulations concerning halal food products that have been enacted provide legal protection for consumers in consuming food and drinks. Consumers must get information, safety and security of a food product that will be consumed in accordance with their choices.
Tracing Digital Traces of Money Laundering in Order to Restore State Losses in the Perspective of Justice Maswandi, Maswandi
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.v3i3.82

Abstract

Current media facilities and internet networks, people can receive and disseminate information through digital media. Rapid the development of technology and communication has consequences that have an impact on changes in patterns of production and consumption of information carried out by the general public. So researchers are interested in doing this in order to increase vigilance in conducting transactions and data privacy so that can reduce criminal acts related to data or cybercrime. The results showed that in this digital era, the function of the library as information and knowledge service providers change. Library must change the paradigm to be more technology-based and develop themselves, so that as a source of library learning remains a bone backs of the nation in gaining knowledge and deepening scientific, The dynamics of money laundering is growing rapidly is the reason, so it is appropriate in the search for money laundering must use credible digital technology.
State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
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.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Pertanggungjawaban Hukum Bagi Pelaku Usaha Atas Praktek Monopoli dan Persaingan Usaha Tidak Sehat dalam Pembangunan Rumah Sakit Panjaitan, Lola; Maswandi, Maswandi; Rafiqi, Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.2177

Abstract

This study aims to determine the regulation of liability for business actors who commit monopolistic practices and unfair business competition in hospital construction based on KPPU Decision Number 04/KPPU-L/2020 and the legal consequences of monopolistic practices and unfair business competition in the Langsa Region of Aceh Province. Normative legal research method, with a statutory approach. The research concluded that the provisions regarding the legal liability of business entities have two types of sanctions, namely administrative sanctions and criminal sanctions. In this case, it is proven that the Reported Party I and Reported Party VII violated Law No. 5 of 1999. so that the Reported Party I is subject to administrative sanctions in the form of a fine of RP 1,723,500,000.00 and the legal consequences of this decision are the Business Competition Supervisory Commission imposing administrative sanctions on the Reported Party I PT Mina Fajar Abadi.
Law Enforcement for the Crime of Embezzlement and Customers in Banking Crimes (Study on Police North Sumatra Region) Purba, Jeni Indriani; Maswandi, Maswandi; Zulyadi, Rizkan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.1667

Abstract

Banking crimes are increasingly developing their modus operandi, especially in the section on embezzlement of customer funds, especially with technological advances, so in law enforcement a more systematic or integrated device is needed that is carried out consistently from various existing law enforcement factors. The formulation of the problem in this study is how to regulate criminal acts of embezzlement of customer funds in banking activities, how the modus operandi of criminal acts of embezzlement of customer funds in banking crimes and its legal consequences and how the North Sumatra Police enforce the law on criminal acts of embezzlement of customer funds in banking crimes. The research method is normative juridical and the methods used in analyzing the data are qualitative and descriptive methods. The results of the research and discussion in this thesis, law enforcement of criminal acts of embezzlement of customer funds in banking crimes is not the same as general criminal enforcement, but uses lex specialis degorat generalis and usesspecial laws. The stages of the investigation carried out include arrest, detention, embezzlement, confiscation, summons, filing.
Pertanggungjawaban Pidana bagi Pelaku Tindak Pidana Pencemaran dan Perusakan Lingkungan Hidup (Studi Putusan Nomor: 464/PID.B/LH/2022/PN.MTR) Qushaery, Ahmad; Maswandi, Maswandi; Fithri, Beby Suryani
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5167

Abstract

This article or paper aims to Analyze the Law and Criminal Liability for Environmental Pollution Due to Waste Dumping, as well as analyze the Legal Liability in Decision 464/PID. B/LH/2022/PN. MTR. This study uses a normative juridical approach to analyze the application of law and criminal liability in cases of environmental pollution due to waste dumping, based on Decision Number 464/PID. B/LH/2022/PN. MTR. The data was analyzed qualitatively from legal documents, interviews, and literature. The results of the study show that environmental pollution due to B3 waste dumping is a serious violation with a wide impact on the ecosystem and the quality of life of the community. The UUPPLH provides a legal framework to deal with these violations through criminal and administrative sanctions. Decision Number 464/PID. B/LH/2022/PN. MTR shows the strict application of environmental criminal law by imposing sanctions on the perpetrator, Heri Irawan, to provide a deterrent effect. Although effective, strengthening supervision, business compliance, and community involvement are still needed. This collaboration is important to create a sustainable and pollution-free environment.
Pertanggungjawaban Pidana Bagi Pelaku Pelanggaran Hak Ekonomi Pencipta (Studi Kasus Putusan Nomor 2504/Pid.Sus-2022/Pn.Mdn) khadapi, rio; Maswandi, Maswandi; Sitorus, Nanang Tomi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5168

Abstract

This article or paper aims to analyze the Legal Arrangements for the Violation of the Creator's Economic Rights Problems and Legal Consequences for the Violation of the Creator's Economic Rights, as well as analyze the Criminal Liability for Perpetrators of Violations of the Creator's Economic Rights. This research uses normative juridical research methods, data collection techniques, namely literature research, field research (PN Medan). The results of the study show that Law Number 28 of 2014 concerning Copyright (UUHC) provides strong protection for the economic rights of creators through civil and criminal law mechanisms. However, violations such as piracy remain a challenge that requires more effective law enforcement. The case of Decision Number 2504/Pid.Sus/2022/PN.Mdn shows the importance of strict punishment to provide a deterrent effect and increase awareness of copyright protection. Criminal liability for perpetrators of infringement is the key to protecting copyright, but its success depends on public awareness, effective supervision, and consistency of law enforcement. Cross-sector collaboration and the use of technology are needed to support copyright respect and the sustainable growth of the creative industry.
Application of Material Criminal Law in the Decision of Case No. 2531/Pid.Sus/2019 / PN Mdn in the Crime of Carrying and Storing Sharp Weapons Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (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.v3i4.109

Abstract

The potential for crime that can arise from the possession or carrying of sharp weapons outside the home is very large so that the existence of emergency laws is maintained with a serious criminal threat. The act of carrying and storing sharp weapons that can be categorized as a criminal offense based on the theory of elements of criminal acts and the emergency law of the Republic of Indonesia number 12 of 1951the research method was to use normative methods. This study was conducted by searching and understanding the literature or information security related to social media and literature research. Application of material criminal law in the decision of Case No. 2531/Pid.Sus / 2019 / PN Mdn is in accordance with the application of the law and meets all the elements of Article 2 Paragraph (1) of Law No.12 emergency year 1951, based on the legal facts revealed at the time of the trial in court took place both witness testimony, testimony of the defendant and the evidence the defendant must account for his actions. The defendant who is considered healthy and performs his actions on the basis of his consciousness and is considered able to account for his actions in accordance with the verdict handed down by the panel of Judges, namely 10 (ten) months imprisonment.
Co-Authors ARDIANSYAH ARDIANSYAH Arifin, Syasyain Beby Suryani Fithri Desen, Kana Frensh, Wenggedes Hasbullah Hasbullah Hidayani, Sri Isnaini Isnaini Jamillah Jamillah, Jamillah JUMARDI khadapi, rio Panjaitan, Lola Purba, Jeni Indriani Qushaery, Ahmad Rafiqi Rafiqi, Rafiqi Riswan Munthe, Riswan Samsul Samsul Siregar, Fitri Yanni Dewi Sitepu, Fadel Sitompul, Ariman Sitorus, Nanang Tomi Suryani Hardjo, Suryani Tarigan, Indra Jaya Sakti Utama Nst, Amrin Mulia Zulyadi, Rizkan