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Syahrul Bakti Harahap
Fakultas Hukum, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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LEGAL ANALYSIS OF TRAFFIC VIOLATIONS BY A DRIVER CAUSING DEATH IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1785/PID.SUS/2025/PN MDN Andri Gunawan Hasibuan; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Based on the research results and concluded that the law enforcement procedures for traffic violations that cause death based on Medan District Court Decision Number 1785 / Pid.Sus / 2025 / PN Mdn include the stages of handling at the scene of the crime, arrest and detention, investigation, determination of suspects, submission of case files to the public prosecutor, prosecution in court, court decision. Criminal liability for traffic negligence that causes the loss of life of another person in Decision Number 1785 is in the form of imprisonment for 4 years and 2 months. The judge's consideration in the case of traffic negligence that causes the loss of life of another person in decision number 1785 is quite appropriate. However, the proof of the element "Due to negligence resulting in a traffic accident" only uses evidence of the defendant's statement, while other evidence is not explained.
JUDICIAL CONSIDERATIONS IN THE CRIME OF ASSAULT (A STUDY OF DECISION NUMBER 327/PID.B/2024/PN SRH) Darman Hasibuan; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the research results, it shows that the legal provisions for criminal acts of assault based on the Criminal Code have been regulated in general for anyone who commits criminal acts of assault, namely Article 351 of the Criminal Code, Article 352, Article 351, Article 354, and Article 355. The punishment for the motorcycle gang who committed the crime of assault in the Sei Rampah District Court decision Number 327 / Pid.B / 2024 / PN Srh is appropriate if it refers to the article charged by the public prosecutor, namely Article 351 paragraph (1) of the Criminal Code. The judge's legal considerations in sentencing the motorcycle gang who committed assault based on decision number 327 are appropriate, namely proving the element of "whoever" using evidence of witness and defendant testimony that corresponds to the defendant's identity, proving the element of "intentionally committing assault" using evidence of witness testimony, victim, defendant, Visum et Repertum letter No. 287 / IV / RSUM / 2024.
LEGAL STUDY ON THE IMPLEMENTATION OF CLOSE SUPERVISION BASED ON PERKAP NO. 2 OF 2022 AT THE DELI SERDANG CITY POLICE Gusti Abi Mahyu; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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This study aims to examine the implementation of inherent supervision based on Regulation of the Chief of the Indonesian National Police Number 2 of 2022 at the Deli Serdang City Police, to identify factors that hinder its effectiveness, and to formulate solutions to violations occurring in its implementation. The implementation of inherent supervision based on Regulation Number 2 of 2022 at the Deli Serdang City Police has, in principle, been carried out in accordance with the applicable normative provisions. Supervision is conducted by direct superiors through guidance, monitoring, evaluation, and coaching of subordinates. The mechanism of inherent supervision has been implemented in a tiered manner and emphasizes a preventive approach as regulated in the Regulation. Nevertheless, its implementation has not been fully consistent and continuous across all work units. This indicates that although the Regulation has been used as a guideline, its implementation still requires strengthening. Solutions to violations of Regulation Number 2 of 2022 at the Deli Serdang City Police can be pursued through strengthening guidance, increasing consistency in supervision, and enforcing discipline in a tiered and proportional manner.
JURIDICAL ANALYSIS OF THE ROLE OF CRIMINAL INTENT (MENS REA) IN THE PROOF OF NARCOTICS OFFENSES IN DECISION NUMBER 395/PID.SUS/2025/PN STB Tulus Halomoan Simanjuntak; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the results of the study, it shows that the legal regulation of attempted criminal acts or conspiracy in narcotics crimes is regulated in Article 132 of Law Number 35 of 2009 concerning Narcotics. The position of mens rea proof in narcotics crime cases is very important, strategic and fundamental because it directly affects justice and the success of law enforcement. The judge's consideration of the mens rea element in trying narcotics crimes in Decision 395 / Pid.Sus / 2025 / PN Stb has been carried out and is appropriate because it is based on evidence of witness statements, defendant statements, written evidence explaining that the weight of narcotics exceeds 5 grams, and truly contains Methamphetamine and is registered in Class I (one). The defendant's statement stated that the discovery of class I narcotics was for selling them.
THE EFFECTIVENESS OF THE IMPLEMENTATION OF SUPREME COURT REGULATION (PERMA) NUMBER 2 OF 2012 IN HANDLING MINOR THEFT CRIMES IN THE FORM OF PALM FRUIT LOOTING Muhammad Pangadilan Ritonga; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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This research aims to analyze the regulation of the element of negligence in the Criminal Code and Law Number 22 of 2009 on Road Traffic and Transportation, the application of the element of negligence in the evidentiary process in criminal court practice, the legal considerations of judges in Decision Number 1331/Pid.Sus/2025/PN Mdn, as well as the obstacles and solutions in proving the element of negligence in traffic accident cases resulting in death.The results of the study show that the element of negligence in traffic accident crimes has been clearly regulated through Article 359 of the Criminal Code and Article 310 paragraph (4) of Law Number 22 of 2009 as a special provision. The application of the element of negligence in judicial practice is carried out through comprehensive proof by linking the defendant’s conduct to the applicable standard of due care. In Decision Number 1331/Pid.Sus/2025/PN Mdn, the judge has systematically considered the facts revealed at trial and the evidence presented, thereby concluding that the element of negligence and the defendant’s criminal liability were fulfilled. The obstacles in proving the element of negligence include limitations in witnesses and technical evidence, which can be addressed through the optimization of technology, improvement in the quality of investigations, and the active role of judges during trial in order to achieve fair and just law enforcement
JURIDICAL REVIEW OF THE CRIMINAL ACT OF ASSAULT COMMITTED DUE TO MOMENTARY EMOTION IN DECISION NUMBER 2057/PID/2025/PN.MDN Robbi Rusmandiar; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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committed due to momentary emotional impulse under Article 351 paragraph (1) of the Indonesian Criminal Code, to examine the legal reasoning of the judges in imposing criminal sanctions from the perspective of evidentiary aspects and principles of criminal law, and to analyze the implementation of the principle of proportionality in sentencing in Decision Number 2057/PID/2025/PT.MDN in relation to modern theories of punishment. The type of research employed is normative legal research using statutory and conceptual approaches, relying on primary legal materials in the form of court decisions and legislation, as well as secondary legal materials consisting of doctrines developed by criminal law scholars.The results of the research indicate that the elements of the criminal offense of assault in the a quo case have been legally and convincingly fulfilled, and that momentary emotional impulse does not eliminate the defendant’s guilt or criminal responsibility, but merely serves as a mitigating factor. The judges’ legal reasoning in imposing the sentence was based on valid evidence and the application of the principles of legality, culpability, justice, and individualization of punishment. Furthermore, the application of the principle of proportionality in sentencing is reflected in the imposition of a penalty that does not reach the maximum statutory threat and takes into account the defendant’s subjective circumstances, thereby aligning with modern theories of punishment and contributing to the effectiveness of criminal law enforcement.
LEGAL REVIEW OF THE ELEMENT OF NEGLIGENCE IN TRAFFIC ACCIDENT CRIMES CAUSING DEATH: ANALYSIS OF DECISION NUMBER 1331/PID.SUS/2025/PN MDN Nur Hidayat; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

This research aims to analyze the regulation of the element of negligence in the Criminal Code and Law Number 22 of 2009 on Road Traffic and Transportation, the application of the element of negligence in the evidentiary process in criminal court practice, the legal considerations of judges in Decision Number 1331/Pid.Sus/2025/PN Mdn, as well as the obstacles and solutions in proving the element of negligence in traffic accident cases resulting in death.The results of the study show that the element of negligence in traffic accident crimes has been clearly regulated through Article 359 of the Criminal Code and Article 310 paragraph (4) of Law Number 22 of 2009 as a special provision. The application of the element of negligence in judicial practice is carried out through comprehensive proof by linking the defendant’s conduct to the applicable standard of due care. In Decision Number 1331/Pid.Sus/2025/PN Mdn, the judge has systematically considered the facts revealed at trial and the evidence presented, thereby concluding that the element of negligence and the defendant’s criminal liability were fulfilled. The obstacles in proving the element of negligence include limitations in witnesses and technical evidence, which can be addressed through the optimization of technology, improvement in the quality of investigations, and the active role of judges during trial in order to achieve fair and just law enforcement.
Co-Authors Andri Gunawan Hasibuan Darman Hasibuan Gusti Abi Mahyu Muhammad Pangadilan Ritonga Nur Hidayat Robbi Rusmandiar Tulus Halomoan Simanjuntak