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DIVORCE SETTLEMENT DUE TO HOME VIOLENCE DURING THE PANDEMIC COVID 19 IN MEDAN CITY Erniyanti; Mukidi Mukidi; Syahrul Bakti Harahap; Nelvitia Purba
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 3 (2021): Juni 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i3.43

Abstract

This article aims to examine the procedure for resolving divorce caused by domestic violence during the Covid-19 pandemic in Medan City. Since the end of 2019, a deadly virus emerged from the Covid-19 pandemic, which is one of the strategies of Indonesian government in suppressing the spread. Covid -19, which continues to increase, establishes a Large-Scale Social Restriction policy which causes people to do more activities at home, both for studying, working, and even layoffs occur everywhere so that the community's economy is disrupted. At this time divorce cases in Indonesia in general and in particular in Medan City continue to increase in number until mid-2020 increase ranges from 15-20 percent. The consequences of the Covid 19 Pandemic greatly affect all aspects of human life in the world related to economy and behavior due to the pressure of life and this domestic violence occurred. The process of resolving domestic violence cases through the penal channel at investigation level is a number of activities carried out by law enforcement officials, namely: investigations, investigations, coercive measures and the making of an official report. The reason for law enforcement officials to carry out these activities is because a criminal act has occurred (a criminal act). For victims of domestic violence after processing in a criminal court, the discomfort resulting from this domestic violence process is submitted to a religious court. In the process, the judge has an obligation to reconcile a married couple who are about to divorce, this is based on Law Number 1 of 1974 concerning Marriage Article 39 jo. PP. Number 9 of 1975 concerning the implementation of Law Number 1 of 1974 17 Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2008 concerning Mediation Procedures in Courts concerning Marriage Article 31 jo. Law Number 7 of 1989 concerning Religious Courts Articles 65 and 82. The decision for divorce will be handed down by the panel of judges if efforts to conciliate are truly unsuccessful.
KAJIAN KRITIS PEMILIHAN KEPALA DAERAH CALON TUNGGAL PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 100/PUU-XIII/2015 Erniyanti Erniyanti
Jurnal Hukum Samudra Keadilan Vol 13 No 2 (2018): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (880.03 KB) | DOI: 10.33059/jhsk.v13i2.980

Abstract

Permasalahan pilkada calon tunggal marak terjadi pada pelaksanaan pilkada tahun 2015. Hal ini dinilai dapat mengancam demokrasi daerah dalam hal pemilihan secara demokratis menurut UUD 1945. Oleh karena itu, permasalahan ini diselesaikan oleh Mahkamah Konstitusi melalui Putusan MK No. 100/PUU-XIII/2015 dan ditetapkan dengan UU No. 10 Tahun 2016. Merujuk pada kedua regulasi tersebut, calon tunggal dapat mengikuti pelaksanaan pilkada dengan mekanisme referendum. Adapun metode yang digunakan adalah metode yuridis normatif dengan pendekatan kepustakaan. Oleh karena itu bahan hukum yang digunakan mencakup bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier.
KEWENANGAN PEMERINTAH KOTA MEDAN TERHADAP PENYELENGGARAAN REHABILITAS BAGI PECANDU DAN KORBAN PENYALAHGUNAA NARKOBA DI YAYASAN REHABILITASI RUMAH UMMI MEDAN SUNGGAL DI MASA PANDEMI COVID-19 Mukidi Mukidi; Marzuki Marzuki; Nelvitia Purba; Ismed Batubara; Muhlizar Muhlizar; Erniyanti Erniyanti
AMALIAH: JURNAL PENGABDIAN KEPADA MASYARAKAT Vol. 5 No. 2 (2021): Amaliah: Jurnal Pengabdian Kepada Masyarakat
Publisher : LP2M UMN AL WASHLIYAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32696/ajpkm.v5i2.965

Abstract

Kejahatan penyalahgunaan Narkotika merupakan kategori sebuah tindak kejahatan yang luar biasa (extraordinary crime), oleh karena itu perlu ditangani secara intensif. Strategi pemberantasan Penyalahgunaan Narkotika ini terdapat tiga unsur yang utama antara lain :Pencegahan, Penindakan dan Peran Masyarakat. Rehabilitasi terhadap penyalahgunaan Narkotika merupakan suatu tindakan penyembuhan terhadap eks narkoba salahsatu program yang dijalankan melalui pemdekatan Agama melalui pembetulan nilai pendidikan Ibadah, Akhlak dan Akidah. Metode Pelaksanaan Kegiatan Rehabilitasi di “RUMAH UMMI” ini rutin dilakukan kegiatan intensif rutin keagamaan setiap Minggu pada Hari Rabu dan Kamis. Melalui kegiatan Abdimas ini yang berkolaburasi antara Tim Abdimas Universitas Islam Sumatera Utara, Tim Pengabdian UMN Al Washliyah Medan dan Universitas Batam melaksanakan kegiatan antara lain di dahului dengan permainan Game dan penyuluhan hukum. Hasil dari Kegiatan Pengabdian Kepada Masyarakat ini setelah menjalani rehabilitasi di Rumah Ummi ini eks Narkoba menjadi muslim yang taat beribadah dan memiliki karakter yang baik di dalam menjalankan aktivitasnya sehari hari di dalam lingkungan keluarga dan masyarakat serta tidak akan kembali lagi mengkomsumsi barang haram tersebut. Pada masa pandemi Cvovid-19 ini penyelengaraan kegiatan tetap harus dilaksanakan dengan melaksanakan protokol kesehatan untuk menghindari para resident dan pengelola rehabilitasi di yayasan Rumah Ummi terpapar Covid -19.
Analisis Yuridis Penerapan Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak pada Tingkat Penyidikan Demi Mewujudkan Perlindungan Anak Gita Damaiyanti; Ramon Nofrial; Erniyanti Erniyanti
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (771.797 KB) | DOI: 10.35912/jihham.v2i2.1674

Abstract

Purpose: This study is to find out the legal arrangements for diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police, to find out the implementation of diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police and to Know the Constraints / Barriers and Solutions to diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police. Method: This research is normative legal research, supported by sociological/empirical research, using secondary data sources from library research to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through official texts. Result: The formal criminal justice system which ultimately places children in prison status certainly brings considerable consequences in terms of child growth and development. The punishment process given to children in prisons does not succeed in making children deterrent and become better individuals to support their growth and development process, prisons often make children more skilled in committing crimes.
BADAN KEHORMATAN SEBAGAI ALAT KELENGKAPAN DALAM MENJAGA MARTABAT DAN KEHORMATAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA BATAM Putra Yustisi Respaty; Ramon Nofrial Erni Yanti
Ensiklopedia of Journal Vol 5, No 1 (2022): Vol. 5 No. 1 Edisi 1 Oktober 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (119.769 KB) | DOI: 10.33559/eoj.v5i1.1326

Abstract

The Honorary Board of the Regional House of Representatives of Batam City is an internal supervisory institution with an active function, namely supervision in evaluating absenteeism, legal products produced by the DPRD, and the intensity of meetings of council members, and a passive function, namely following up when there are complaints indicating violations by board member. The Honorary Body has the task of carrying out supervision and control over DPRD members, aiming to maintain and uphold the honor and nobility of the people's representative institutions. Factors that affect the role of the Honorary Board of Directors include: the absence of special rules for the recruitment of Honorary Board members, weak DPRD rules and regulations, the absence of procedural guidelines, problems with complaints mechanisms or procedures, complainants lack cooperation, and the nature of solidarity between DPRD members. In dealing with these factors, the Honorary Board seeks to be more active in supervising by observing the behavior of each member of the council, as well as optimizing facilities in the form of supporting facilities and infrastructure.
JURIDIC ANALYSIS OF FISHERY CRIMINAL ACTIONS TO REALIZE THE SOVEREIGNTY OF THE NATION AND THE STATE (Research Study at Batam Marine and Fishery Resources Supervision Base Office) Kotot Setiadi; Idham Idham; Parameshwara Parameshwara; Fadllan Fadllan; Erniyanti Erniyanti; Ramlam Ramlam
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.441

Abstract

In Indonesia, there are many illegal economic problems, but one of the most detrimental to the state is the problem of Illegal, Unregulated, and Unreported Fishing Practices (IUU Fishing) by foreign ships. IUU Fishing is defined as illegal fishing activities, not reported to the authorized fisheries management institution, and fishery activities that have not been regulated in existing regulations. So the role of law enforcement is very important to tackle acts of lawlessness in Indonesian waters. The form of law enforcement is to implement government policies by applying criminal sanctions in the form of fines, confinement, confiscation/confiscation of evidence and sinking foreign ships that steal fish in Indonesian waters. Article 8 of Law no. 45 of 2009 concerning Fisheries states "Everyone is prohibited from catching fish and/or raising fish using chemicals, biological materials, explosives, tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the area. fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia.
JURIDICAL ANALYSIS OF AUTHORITY OF SEA AND COASTAL GUARDIANS TO REALIZE THE SOVEREIGNTY OF NATIONS AND STATES Lilik Hariyanto; Dahlan Dahlan; Erniyanti Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.454

Abstract

Ensuring the safety and security of shipping in Indonesian waters certainly cannot be separated from the role of the Marine and Coastal Guard Unit in carrying out its functions as a guard and enforcer of laws and regulations at sea and coast, which is the oldest organization in Indonesia that carries out guarding and law enforcement at sea. The history of the Marine and Coastal Guard Unit which began before Indonesia's independence. The problem in this research is how to regulate the legal authority of the Marine and Coast Guard to realize sovereignty, how to implement the authority and what factors are obstacles in exercising the authority to realize the sovereignty of the nation and state. This study uses a descriptive method with the type of normative and sociological research using a normative approach (legal research) to obtain primary data through field research. Shipping in Indonesia refers to Law No. 17 of 2008 and Decree of the Minister of Transportation No. 65 of 2002 concerning the Organization and Work Procedures of Marine and Coast Guard Bases, the authority of the marine and deep coast guarding unit to realize the sovereignty of the nation and state. The conclusion of this study is that the Government as the maker and implementer of laws is expected to make special legislation that discusses the authority of law enforcement agencies at sea to become one door in the prosecution of violations at sea,
JURIDICAL ANALYSIS OF THE INVESTIGATOR'S AUTHORITY IN THE DETENTION OF CRIMINAL SUSPECTS TO REALIZE LEGAL CERTAINTY Fitra Azli; Dahlan Dahlan; Ramlan Ramlan; Erniyanti Erniyanti; Fadlan Fadlan
Journal of Social Research Vol. 1 No. 12 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v1i12.376

Abstract

Background: Indonesia is a country of law and is not based on mere power, all state power is governed by law. Criminal law is the rule of conducting a public order by prohibiting what is contrary to the law and giving a message to those who violate the prohibition. To enforce material criminal law requires formal law (criminal procedural law). The handling of criminal cases in principle comes from investigation, investigation, prosecution, and ends with a judge's ruling. At the investigation stage, the investigator is authorized to detain suspects whose implementation is regulated in the Criminal Procedure Code to realize legal certainty Objective: The purpose of this study is to juridically analyze the authority of investigators in the detention of criminal suspects to realize legal certainty. Methods: The author uses normative and empirical legal research methods. Normative legal research by conducting studies through literature studies and secondary data. Empirical research using primary data, namely data obtained from the results of direct research conducted through interviews. Results: The results of the research on the authority of the investigator in detaining suspects of criminal acts regulated by article 20 paragraph (1) of the Criminal Procedure Code. Influencing factors include fearing that the suspect will flee, tamper with/remove evidence and/or repeat criminal acts. Other considerations of the suspect are the target of the operation, the suspect where he lives is far away is unclear, the suspect committed a criminal act that is the attention of the leadership, the case that occurred has been reported by the mass media and has received widespread attention from the public. The legal consequence faced by investigators in exercising the authority to detain suspects is a pretrial lawsuit. Conslusion: The legal consequence of the actions of the Police investigator in exercising his authority over the detention of suspects, that in carrying out detention, they must still pay attention to the rights of suspects, and suspects can apply for pretrial
Analisis Yuridis Dimensi Pertanggungjawaban Hukum Atas Pembatalan Nikah Untuk Meneguhkan Kepastian Hukum Muzahar Muzahar; Ansharullah Ida; Erniyanti Erniyanti
Jurnal Syntax Fusion Vol 2 No 12 (2022): Jurnal Syntax Fusion: Jurnal Nasional Indonesia
Publisher : Rifa' Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54543/fusion.v2i12.238

Abstract

This study aims to find out and analyze the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm. To find out and analyze Decision Number: 245/Pdt.G/2021/PA.Btm regarding legal liability for marriage annulment by the Religious Courts to strengthen legal certainty. This study uses a descriptive analytical research type method using an empirical juridical approach. The results of the study show that the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm did not run optimally because the Respondent never attended the trial process and the Panel of Judges made a decision by granting the Petitioner's request with verstek, and declaring null and void The marriage of the Petitioner and Respondent was held on September 19 2020 before the Marriage Registrar of the Office of Religious Affairs (KUA). Analysis of Decision Number: 245/Pdt.G/2021/PA.Btm on legal responsibility for canceling marriages by the Religious Courts to confirm legal certainty, namely that the cancellation of marriages can be accounted for and realized to strengthen legal certainty. This is because the Petitioner in this case has fulfilled all the requirements specified for annulment of marriage. Apart from that, the annulment of the marriage which was granted by the Panel of Judges also provided a sense of justice for the Petitioner, who so far had the right to receive spiritual support but the Respondent as a married couple was unable to fulfill it. For this reason, it is recommended for couples who want to get married to be open to each other about each other's shortcomings. To parents to carefully consider every process of applying for an annulment of marriage, and try to maintain their children's household as best as possible and to the Panel of Judges to consider the decision as fair as possible and ensure the wishes of both parties
Analisis Teori Hukum terhadap Penegakan Tindak Pidana Pemalsuan Uang: Analisis Teori Hukum Positif dan Teori Hukum Responsif Panca Gunawan Harefa; Idham Idham; Erniyanti Erniyanti
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v2i2.1923

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for the crime of counterfeiting money, and to know the analysis of the implementation of law enforcement against the crime of counterfeiting money. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that legal arrangements for the crime of counterfeiting money are regulated in the Currency Act and in the Criminal Code which explains that everyone, both individually and as a group, who counterfeits rupiah currency will be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). In addition, based on the provisions of Article 244 of the Criminal Code, it is explained that anyone, either individually or as a group, who makes counterfeit money with the intention of circulating it will be subject to imprisonment for a maximum of fifteen years. Analysis of the implementation of law enforcement against the crime of counterfeiting money is still not optimal, especially with regard to the imposition of criminal sanctions which are still very low, so that the crime of counterfeiting currency is considered not a serious crime. This is possible because the proof is relatively easy. There has been a paradigm shift regarding currency, not just a means of payment, but money can be used as a tool for politics, economic colonization and so on.