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All Journal Ensiklopedia of Journal Jurnal Scientia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) East Asian Journal of Multidisciplinary Research (EAJMR) Innovative: Journal Of Social Science Research Jurnal Intelek Insan Cendikia International Journal of Law, Crime and Justice International Journal of Sociology and Law Journal of International Islamic Law, Human Right and Public Policy Journal of Strafvodering Indonesian International Journal of Society and Law Green Social: International Journal of Law and Civil Affairs
Yasmirah Mandasari Saragih
Universitas Pembangunan Panca Budi
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PENAGGULANGAN KEJAHATAN TEKNOLOGI INFORMASI (CYBER CRIME) YANG MENIMBULKAN KEGADUHAN DAN PERMUSUHAN MELALUI PENDEKATAN PENAL POLICY DI WILAYAH HUKUM POLRESTABES MEDAN Yamirah Mandasari Saragih; Irma Fatmawati; Syaiful Asmi
Ensiklopedia of Journal Vol 4, No 2 (2022): Vol 4 No. 2 Edisi 2 Januari 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.149 KB) | DOI: 10.33559/eoj.v4i2.1150

Abstract

One of the other important policies, namely the Law on Information and Electronic Transactions or Law number 11 of 2008 or UU ITE is a law that regulates information and electronic transactions, or information technology in general. The ITE Law, which has been in effect since April 2008, is indeed a breakthrough for the legal world in Indonesia, because for the first time the virtual world in Indonesia has a device. Because of its nature which contains the rules of the game in cyberspace, the ITE Law is also known as Cyber Law. When viewed from the content of the ITE Law, all important matters have been accommodated and regulated in the Law. The ITE Law is comprehensive enough to regulate electronic information and electronic transactions. Let's look at some of the material coverage of the ITE Law which is a new breakthrough. The ITE Law which recognizes that Electronic Signatures have the same legal force as conventional signatures (wet ink and stamp duty), electronic evidence is recognized as other evidence regulated in the Criminal Procedure Code, the ITE Law applies to everyone who commits a good legal act located in the territory of Indonesia or outside Indonesia, which has legal consequences in Indonesia. Dispute resolution can also be resolved by alternative dispute resolution methods or arbitration. There will be at least nine Government Regulations as implementing regulations for the ITE Law, so that this Law can run effectively.Keywords: Crime, Penal, Policy.
JURIDICAL STUDY OF THE CRIMINAL ACTS OF DEFENSE IN VIEW FROM THE ITE LAW NUMBER 19 OF 2016 Yasmira Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham; Ricky Pratama Ginting; Sardi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.944

Abstract

This research was conducted with the aim of finding out how the application of legal sanctions for perpetrators of criminal acts of defamation according to the ITE Law Number 19 of 2016 and how the impact of ITE Law Number 19 of 2016 has on legal changes in society. By using normative juridical research methods. In submitting criticism or opinion, it is protected by human rights and applicable laws and regulations. The criminal act of Defamation is strictly regulated in Law Number 19 of 2016 namely in Articles 27, 28 and Article 29 which prohibits distributing and/or transmitting and/or making electronic information accessible, which contains insults and/or defamation. Good name. Article 27 paragraph 3 of the ITE Law, In order to be categorized as a criminal act of defamation, the following elements must be proven: Intentional existence, without rights (without permission), with the aim of attacking reputation or honor, attacking accusations to make it known to the public. The Electronic Information and Transaction Law (UU ITE), which has been passed by the government along with the rapid development of information technology, aims to maintain and maintain polite behavior in cyberspace. However, the Indonesian people feel that the existence of the ITE Law actually hinders freedom of expression and issuing opinions. Moreover, there is misuse of the benefits of the ITE Law, namely the state apparatus to silence people who have criticized the state. In this journal, the author explains the various influences of the ITE Law on people's lives and the impacts it has. In conclusion, the principles of the ITE Law actually have good intentions to protect Indonesian people from misuse of social media. The community also wants the government to immediately remove articles that are prone to being misused for freedom of expression and to be able to create a democratic state from both the people and the government.
Analisis Yuridis Terhadap Anak Sebagai Pelaku Pelanggaran Lalu Lintas Yang Menimbulkan Kecelakaan Dan Korban Jiwa Rial Pradila Srg; Yasmira Mandasari Saragih
Innovative: Journal Of Social Science Research Vol. 3 No. 4 (2023): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v3i4.4300

Abstract

Perkembangan lalu lintas modern di satu pihak akan memberikan kemudahan-kemudahan pemakaian jalan untuk kegiatan sehari-hari dalam rangka pekerjaannya, kehidupannya dan lain-lainnya. Namun di pihak lain akan membawa akibat-akibat permasalahan yang komplek antara lain meningkatnya pelanggaran-pelanggaran, kemacetan lalu lintas, dan kriminalitas yang berkaitan dengan lalu lintas. Pelanggaran lalu lintas adalah perbuatan yang bertentangan dengan lalu lintas dan atau peraturan pelaksanaannya, baik yang dapat ataupun tidak dapat menimbulkan kerugian jiwa atau benda dan juga keamanan, ketertiban, kelancaran lalu lintas (kamtibcarlantas). Dengan adanya suatu peraturan tersebut diatas dan apabila masyarakatnya mau menerapkan aturan tersebut dalam berkendara, kemungkinan besar dapat menekan jumlah kecelakaan yang bahkan sering terjadi di jalan raya. Kecerobohan yang mengakibatkan kurang berhati-hatinya seseorang yang kerap menimbulkan kecelakaan dan dengan kecerobohan tersebut memberikan dampak kerugian bagi orang lain. Sifat dari penelitian ini adalah bersifat deskriptif analisis, maksudnya dari penelitian ini diharapkan diperoleh gambaran secara rinci dan sistematis tentang permasalahan yang akan diteliti. Analisi data yang digunakan dalam penelitian ini yaitu Analisis kualitatif. Analisis kualitatif yaitu membahas hasil penelitian yang diuraikan secara komprehensif, dengan berupaya melihat faktor-faktor yang melatarbelakanginya program, budaya dan kebijakan tertentu. Dalam hal pelanggaran lalu lintas oleh anak maka polisi harus menyelesaikannya berdasarkan Undang-Undang perlindungan dan dan Undang-Undang Peradilan Anak. Dalam undang-undang di atur dengan tepat pertanggung jawaban masa depan anak dengan bukan hanya dengan upaya pidana saja. Proses Penyelesaian Perkara lalu Lintas Di Luar Pengadilan.
Law Enforcement Against Perpetrators of Pedophilia Crimes in the Indonesia Legal System Mogang M.H. Manalu; Yasmirah Mandasari Saragih; T. Riza Zarzani
East Asian Journal of Multidisciplinary Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i5.9427

Abstract

Despite existing regulations concerning sexual violence against children, the reality shows that crimes of sexual violence towards children continue to rise. The method used in this study is normative law with an approach to statutory regulations and case studies. Laws No. 35/2014 and No. 1/2016 establish severe punishments for pedophilia offenders. There has been a significant increase in cases of sexual violence against children, highlighting the need for legal reform that aligns with societal values and emphasizes prevention through education and improved welfare. Child protection must include broad social support, with a multifaceted approach to the factors causing pedophilia and strengthening social control. Effective policies must integrate prevention, support, and capacity building for the future development of child victims, creating a safer environment and supporting the recovery of children.
A Juridical Policy For Crime Of Murder Committed By A Child In The Framework Of Child Justice Protection Mhd. Sanip Heri Sinaga; Firman Halawa; Yasmirah Mandasari Saragih
Jurnal Scientia Vol. 13 No. 02 (2024): Education and Sosial science, March - May 2024
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A recently, more and more criminal acts have been committed by children and minors as defendants in trials, to guarantee and protect children and their rights so that they can live, grow, develop and adapt optimally in accordance with human dignity, and receive protection. from violence and discrimination. As for children who are in conflict with the law (children who commit criminal acts) must be processed according to the provisions of the applicable law so that the supremacy of the law is achieved. The application of criminal law to criminal acts of premeditated and non-premeditated murder which cause death committed by children. The application of criminal provisions in this case is in accordance with the legal facts, including witness statements, expert statements, and the defendant's statement and the defendant is considered physically and mentally healthy, no can be mentally disturbed so that they are unable to take responsibility for their actions. This paper describes the criminal responsibility policy in the context of legal protection for children, namely providing punishment and action for children who commit criminal acts, as per the provisions contained in the Law on the Juvenile Criminal Justice System.
Process Investigation Perpetrator Action Criminal Terrorism In Indonesia Rahmah Hayati Sinaga; Yasmirah Mandasari Saragih; Mhd Azhali Siregar; Azhar Hairi Putra; Mohammed Faiz Hadi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.135

Abstract

Terrorism is Wrong one crime Which outside normal Because has creating terror creates fear and that's scary has the impression of being cruel to groups or groups. The crime of terrorism has taken away rights basic para human victim Which No know anything about the origin , causes and the purpose of acts of terrorism. Because in in carrying out their actions perpetrators of this terrorism t is indiscriminate. This action is completely contrary to Article 3 Universal Declaration of Human Rights (UDHR) or Universal Declaration of Human Rights (UDHR) Which sounds "Every person entitled on life, freedom and security as an individual”, Article 6 paragraph (1) ICCPR ( International Covenant on Civil and Political Right ) 1999 which states "Every human being is entitled to the inherent right to life himself and every other person must not be deprived of his life arbitrarily", Article 28 A of the 1945 Constitution of the Republic of Indonesia which reads "Everyone has the right to live and the right to defend their life and existence" and Article 28 G paragraph (1) which reads "Everyone has the right to personal protection, family, honor, dignity, property under his control and has the right to a sense of security and protection from the threat of fear of doing or not doing something which is a human right.” This research aims to know How arrangement investigative law t act criminal terrorism in Indonesia And What obstacle investigator in do investigation t act criminal terrorism in Indonesia. This research uses normative legal research research ingredients literature To use get ingredients form theories, concepts, principles as well as regulation law Which related with role investigator in process handling follow criminal terrorism.
Terrorism Phenomenon in Indonesia: Study of Theological Aspects, Ideology and Movement Arnovan Pratama Surbakti; Yasmirah Mandasari Saragih; Muhammad Azhali Siregar; Ryan Fadli Siregar
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.155

Abstract

Terrorism is a theme that invites the attention of many in the academics to examine the main ­aspects of ideology, theology, networks and movements. At this time, terrorism has become a global phenomenon. Terrorism has penetrated almost every country in the world, including Indonesia. As in other areas, terrorism in Indonesia also has the basics of theology and ideology and networks so that it has a strong resistance. Until recently, terrorism became one of the challenges and threats to national security. This article is to examine the development of terrorism in Indonesia, which focuses on aspects of theology, ideology and movement.
Efficiency Of The Legal Role Of Prisoners In The Context Of Guidance At The Class IIB Tanjung Pura Detention Center Anggi Dian Nugraha; Yasmirah Mandasari Saragih
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.117

Abstract

Inmate development is carried out continuously from the time the inmates enter the correctional institution. The correctional system is a process of developing inmates as creatures of God, individuals and as a society. In coaching inmates, their physical, spiritual and social conditions are developed so that they become reasonable human beings who can live normally in society. The aim of this research is to determine the efficiency of the role of law in coaching at the Class IIB Tanjung Pura Detention Center. This research is included in descriptive research with a type of empirical juridical research using qualitative analysis methods. From the research results, it is known that the implementation of prisoner development is regulated in Law Number 12 of 1995 concerning Corrections, Government Regulation Number 31 of 1999 concerning the Development and Guidance of Prisoners, Government Regulation of the Republic of Indonesia Number 28 of 2006 concerning Amendments to Government Regulation Number 32 of 2006 1999 Concerning Requirements and Procedures for Implementing the Rights of Prisoners, Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-Pk.04.10 of 1990 Concerning the Pattern of Development of Prisoners/Detainees. The implementation of prisoner coaching at the Class IIB Tanjung Pura Detention Center goes through 4 stages, namely the administration or orientation stage, the evaluation stage and determining the type of coaching, the assimilation stage and the integration stage. -existing invitations, planned and programmed work programs in the form of a Strategic Plan, several obstacles were overcome by building a collaborative network with various parties
Peran Rumah Detensi Imigrasi dalam Pemenuhan Hak Asasi Manusia (HAM) Deteni : Studi Penelitian di Rumah Detensi Imigrasi Medan Veronika Karolina Simamora; Yasmirah Mandasari Saragih; Lidya Rahmadhani Hasibuan
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.189

Abstract

Medan Immigration Detention Center (Rudenim) is a technical implementing unit that carries out immigration functions as a temporary shelter for foreigners who are subject to administrative immigration actions in the Nangroh Aceh Darussalam and North Sumatra regions. There are several reasons why foreign nationals are placed in Rudenim, including being in the territory of the Republic of Indonesia without having a valid immigration permit, waiting for the repatriation or expulsion/deportation process, being subject to administrative immigration actions, having completed their sentence and not yet being able to be repatriated or deported. This study aims to determine the history, duties and functions of the Medan Immigration Detention Center and to determine the role of the Medan Immigration Detention Center in fulfilling the Human Rights (HAM) of detainees in the Medan Immigration Detention Center. The research method used is descriptive qualitative and uses a data collection method with a literature review through primary and secondary legal sources. Primary sources such as daily reports made by the Medan Immigration Detention Center, interviews with detainees and employees at the Medan Immigration Detention Center, and observations in the detention room building. As for the secondary sources in this journal, they include related laws and regulations. The results of the study indicate that Rudenim Medan has fulfilled human rights such as the right to worship, receive adequate health services and food, detainees are also given the opportunity to convey complaints, receive visits from family or sponsors, and communicate with representatives of their country. However, there are challenges in the implementation of human rights protection, including the lack of guards at Rudenim Medan and the lack of English language skills of Rudenim Medan officers and the presence of detainees who cannot speak English. Therefore, there needs to be continuous effort from officers at Rudenim Medan, the government and related institutions to strengthen the protection of human rights of detainees at Rudenim Medan.
EFFORTS TO ADDRESS THE RIGHTS OF RESTITUTION OF CHILD VICTIMS RESEARCH STUDY OF THE OFFICE OF WOMEN'S EMPOWERMENT, CHILD PROTECTION AND COMMUNITY OF BINJAI CITY Ilmuwani Lubis; Firman Halawa; Yamirah Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.51

Abstract

This writing is motivated by various forms of problems which are used as complaints experienced by several communities regarding criminal acts of violence experienced by children and women. The research method used is the Empirical Juridical method with a descriptive analysis approach. The results of this research show that the efforts made by the women's empowerment, child protection and community services provide legal protection for children who are victims of domestic violence in coordination with non-governmental organizations such as the Indonesian Child Advocacy Institute (LAAI). The Indonesian Child Advocacy Institute (LAAI), physically provides child protection by means of Litigation and Non-litigation, the factors behind which a child who has experienced violence can have the right to restitution depending on the situation and conditions faced, such as victims of criminal acts of sexual violence have the right to receive restitution and recovery services in the form of compensation for loss of wealth or income, compensation for losses incurred as a result of directly related suffering as a result of criminal acts of sexual violence, reimbursement for medical or psychological treatment costs and compensation for other losses.
Co-Authors Amos Harita Andi Gultom Anggi Dian Nugraha Ansori Maulana Arnovan Pratama Surbakti Azhar Hairi Putra Bonari Tua Silalahi Fadillah Aditya Pratama Fauzan Fauzan Ferdinand Sembiring Firman Halawa Firman Halawa Ilmuwani Lubis Ireny Natalia Putri Sihite Irma Fatmawati Jesslyn Elisandra Harefa Kasim Lidya Rahmadhani Hasibuan M. Luqman Hakim Siregar M. Ryan citra Yudha Majidah Pohan Mhd Azhali Siregar Mhd. Ihwanuddin Hasibuan Mhd. Ihwanuddin Hasibuan Mhd. Sanip Heri Sinaga Mogang M.H. Manalu Mohammed Faiz Hadi Muhammad Azhali Siregar Munawir Nasril Rachmad Purwoko Rahmah Hayati Sinaga Rahmayanti Rial Pradila Srg Ricky Pratama Ginting Ricky Pratama Ginting Ricky Pratama Ginting Rico Nur Ilham Risa Damayanti Robert Napitupulu Roland Banjarnahor Rudi Salam Tarigan Ryan Fadli Siregar Saptha Nugraha Isa Sardi Sayyid Muhammad Charafi Servasius Edwin Telaumbanua Sulaiman Syaiful Asmi Tamaulina Br Sembiring Tengku Riza Zarzani N Veronika Karolina Simamora Yasnil Akbar Nasution