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All Journal Adagium: Jurnal Ilmiah Hukum
Jusnizar Sinaga
University of HKBP Nommensen
Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of the Proof of the Element of "Premeditation" in Judgment Number 551/Pid.B/2025/PN RAP: A Review of the Judge's Considerations Regarding Evidence Yovani Simarmata; July Esther; Jusnizar Sinaga
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/z8ymx198

Abstract

This study analyzes proof of the element of premeditation (voorbedachte raad) in Judgment No. 551/Pid.B/2025/PN Rap. Because the offense and judgment occurred in 2025, the temporally applicable offense provision is Article 340 of the former Indonesian Criminal Code, while Article 459 of Law No. 1 of 2023, effective from 2 January 2026, is used only as a prospective comparison. Using normative legal research with statutory and case approaches, the article evaluates whether the facts described in the judgment demonstrate a calmly formed intent, a sufficient opportunity for reconsideration, and execution that was not merely an immediate emotional outburst. No fixed time interval is treated as determinative; premeditation must be inferred from the complete factual sequence and the court’s legal reasoning.
The Role of the Police in Addressing Narcotic Use Among Minors at the Investigation Stage: A Study of the Medan City Metropolitan Police (Polrestabes) Joshua Octavianus Lumban Gaol; Janpatar Simamora; Jusnizar Sinaga
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/5ef6w712

Abstract

This empirical legal research aims to determine and analyze the role of the Police apparatus at the investigation level at the Medan City Police (Polrestabes Medan) in overcoming the criminal act of narcotics use by minors, as well as to identify the obstacle factors encountered. The research method used is empirical legal research with a socio-legal approach and a case approach, which is analyzed qualitatively using deductive reasoning. The results indicate that police investigators face a dilemma in harmonizing the application of Law Number 35 of 2009 concerning Narcotics, which is repressive in nature, with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), which promotes restorative justice principles and diversion mechanisms. In practice, these prevention efforts are hindered by three main factors: (1) legal substance obstacles in the form of normative conflicts and investigators being constrained by weight limits based on Supreme Court Circular (SEMA) No. 4 of 2010, which complicates the implementation of diversion for children manipulated as couriers; (2) legal structure obstacles due to the lack of Special Service Rooms (RPK) and Social Welfare Institutions (LPKS) facilities in the Medan area; and (3) legal culture obstacles including the slow issuance of community research reports (Litmas) by Bapas, family fear of social stigma, and community rejection of non-judicial settlement mechanisms.
Co-Authors Janpatar Simamora Joshua Octavianus Lumban Gaol July Esther Yovani Simarmata