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Saragih, Rayani
Universitas Quality Berastagi
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TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN 1 (Studi Putusan Pengadilan Negeri Kabanjahe Nomor. 146/Pid.Sus/2020/Pn Kbj) Emilia Fedika; Maria Ferba Editya S; Rayani Saragih
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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The factors that influence the occurrence of criminal acts of narcotics abuse, to find out the application of material criminal law regarding the criminal act of narcotics abuse Group 1 based on the decision of the Kabanjahe District Court Number. 146/Pid.Sus/2020/Pn Kbj and to find out the judge's considerations in imposing criminal sanctions against the criminal act of Narcotics abuse Group 1 based on the decision of the Kabanjahe District Court Number. 146/Pid.Sus/2020/Pn Kbj. The data collection technique used in this study was by means of a study of literature and analyzed qualitatively. The results achieved in this study indicate that, the factors that influence the occurrence of narcotics abuse crimes committed by the defendant can be seen by the presence of internal factors and external factors, the application of material criminal law by the judge to the criminal act of Narcotics Abuse of Category I type of methamphetamine in the decision Number. 146/Pid.Sus/2020/Pn Kbj is correct where the public prosecutor uses Article 114 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics in conjunction with Article 132 paragraph (1), and Article 112 paragraph (1) of the Law -Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics in conjunction with Article 132 Paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and legal considerations by judges on the criminal act of Narcotics Abuse of Category I in imposing a sentence is correct because the Judge in case Number I . 146/Pid.Sus/2020/Pn Kbj imposed a sentence based on the testimony of witnesses, the testimony of the defendant, and evidence
TINDAK PIDANA KEKERASAN TERHADAP ISTRI DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI PUTUSAN PENGADILAN NEGERI KABANJAHE NO. 128/PID.SUS/2016/PN KBJ) Omega Satrio Ginting; Maslon Hutabalian; Rayani Saragih
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study discusses the Crime of Violence Against Wives in the Household According to Law no. 23 of 2004 concerning the Elimination of Domestic Violence (Study of the District Court of Kabanjahe No. 128/Pid.Sus/2016/Pn Kbj. The purpose of this study is to determine the provisions governing criminal acts of domestic violence and obstacles in law enforcement of acts of domestic violence). criminal acts of violence against wives in the household and to find out the law enforcement against domestic violence based on the study of decision No.128/Pid.Sus/2016/PN Kbj Kabanjahe District Court.This type of legal research is carried out by normative juridical methods, namely legal research conducted by examining materials literature or secondary data as the basic material to be researched by conducting a search of the regulations and literature relating to the problem under study. The results of this study indicate that the provisions of Law Number 23 of 2004 concerning domestic violence not only protect husbands or wives, but also protect all family members who live in one house, including a housemaid. Elimination of domestic violence is a guarantee given by the state to prevent domestic violence, take action against perpetrators of domestic violence, and protect victims of domestic violence
PERANAN KEPOLISIAN TANAH KARO DALAM UPAYA PENANGGULANGAN DAN KEWENANGAN TERHADAP TINDAK PIDANA NARKOBA (STUDI POLRES TANAH KARO) Saifullah; Rayani Saragih; Maria Ferba Editya S
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study aims to determine the role of the Tanah Karo Police in efforts to overcome and have authority over drug crimes, to find out what are the obstacles to the Tanah Karo Police in dealing with drug crimes and to find out the efforts of the Tanah Karo Police to enforce the law for drug dealers. The data collection technique used in this research is library research, namely by collecting data and information in the form of books, scientific articles, laws and regulations and data analysis using qualitative analysis, which is an analysis that describes or describes the the efforts made by the Tanah Karo Police in an effort to overcome and have authority over narcotics crimes, carry out socialization about the dangers of narcotics in schools, appeal to and invite youth in positive activities outside school hours and put up banners warning about the dangers of narcotics, the obstacles faced by the drug detective unit at the Tanah Karo Police in dealing with crime. Narcotics crime comes from internal and external obstacles and the efforts of the Tanah Karo Police in enforcing the law for drug dealers, namely by making repressive efforts (actions).
TINJAUAN YURIDIS KEDUDUKAN PEREMPUAN SEBAGAI AHLI WARIS MENURUT HUKUM WARIS MASYARAKAT ADAT KARO Olo Chris Simadi Pandia; Rayani Saragih; Maslon Hutabalian
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study discusses the juridical review of the position of women as heirs according to the inheritance law of the Karo adat community. The purpose of this study is to determine the position of women in the Karo indigenous peoples, to know the mechanism of inheritance distribution in the Karo people and to find out what factors influence the development of women's inheritance rights in the Karo customary inheritance law. This research method uses descriptive analytical method, is descriptive because this study aims to carefully describe the characteristics of the facts (individuals, groups or circumstances), and to determine the frequency of something that happens while the data analysis used in this study is qualitative data analysis. , is data that is not in the form of numbers but is based on statutory regulations, jurisprudence, the views of resource persons so that it can answer the problems of this research. The results of this study indicate that the position of women in Karo adat as children before marriage will still be included in their father's group, but that position will change after she gets married, because women will follow her husband's clan or family. After becoming a wife, her position follows her husband's clan or family, a wife whose husband dies is different from a divorce but is still considered part of her husband's family. On the other hand, if there is a divorce, the widow returns to her original family. Her relationship with her husband is traditionally cut off and daughters in the Karo community are not the heirs according to the patrilineal system, but in Lingga village, Simpang Empat district, Karo district, although women are not considered as heirs, they get a share of the gift (pemere) as a form of respect. togirls.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN DI BAWAH UMUR DALAM PERSPEKTIF PERLINDUNGAN ANAK DI PENGADILAN NEGERI KABANJAHE Selenc Gracia Pandia; Rayani Saragih; Maslon Hutabalian
Journal Recht (JR) Vol. 4 No. 1 (2025): Journal Recht Vol. 4 No. 1 Tahun 2025
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This study aims to determine the factors that cause underage child marriage and to determine the form of legal protection for underage marriage according to Law Number 35 of 2014 concerning child protection. The formulation of the problem in this study is the factors that cause underage child marriage and the form of legal protection for underage marriage according to Law Number 35 of 2014 concerning child protection. This research method is normative juridical research, namely through the study of regulations and various positive norms in legislation as regulations for human life. The data collection technique in this study was library research, namely data obtained from reading books, literature and legislation related to this writing, especially those related to legal protection against underage marriages seen in the child protection law and based on data from the Kabanjahe District Court.The results of the study indicate that internal factors (self-desire) where factors that influence young marriage can come from internal factors, namely factors originating from within the individual and external factors also cause children to marry underage, including economic factors, education, parents, mass media and the internet, biological, getting pregnant outside of marriage and customary factors. Meanwhile, legal protection for underage children who marry according to Law Number 35 of 2014 concerning child protection is seen based on preventive law and repressive law.
ANALISIS YURIDIS TRADISI PERKAWINAN DAN PEMBAGIAN WARISAN DALAM ADAT KARO MERGA SILIMA DI DESA MERDEKA Gio Fani Sembiring Pandia; Rayani Saragih; Maria Ferba Editya
Journal Recht (JR) Vol. 4 No. 1 (2025): Journal Recht Vol. 4 No. 1 Tahun 2025
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This study analyzes the marriage tradition and inheritance distribution mechanism in the Karo Merga Silima custom in Merdeka Village. The approach used is empirical juridical with qualitative descriptive methods. The results of the study indicate that the Karo customary marriage tradition is carried out through several sacred stages such as Mbaba Belo Selambar, Nganting Manuk, and Kerja Adat. Meanwhile, the distribution of inheritance follows a patrilineal system, where sons obtain primary rights to inheritance, while daughters only receive a share based on affection. This study emphasizes the importance of customary deliberation (runggu) in maintaining the harmony of inheritance distribution.
ANALISIS HUKUM TERHADAP PENERAPAN KEADILAN RESTORATIF (RESTORATIVE JUTICE) DALAM KASUS KEKERASAN DALAM RUMAH TANGGA (STUDI KASUS : POLRES TANAH KARO) Saina Eunika Y C Br Tarigan; Rayani Saragih; Maslon Hutabalian
Journal Recht (JR) Vol. 4 No. 1 (2025): Journal Recht Vol. 4 No. 1 Tahun 2025
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This study aims to determine how restorative justice is implemented in resolving domestic violence in Polres Tanah Karo and to determine what factors and obstacles are in the implementation of restorative justice in resolving domestic violence in Polres Tanah Karo. This research method is normative juridical legal research, because it focuses on the implementation of restorative justice as an effort to resolve domestic violence crimes in Polres Tanah Karo. The author uses a normative juridical approach research type, starting by analyzing the regulations governing restorative justice, then analyzing problems in real life in this case conducting interviews in Poles Tanah Karo related to the implementation of restorative justice in resolving domestic violence. The results of the study indicate that the application of restorative justice in resolving domestic violence at the Tanah Karo Police consists of two methods, namely using penal mediation which is carried out by bringing together the two parties to resolve the problem through mediation (deliberation) in a family manner, where the parties involved in mediation are only neutral parties who assist the parties in the negotiation and settlement process through legal channels which will be processed according to applicable law, while the factors and obstacles in the application of restorative justice in resolving domestic violence at the Tanah Karo Police are seen from factors from the victim and perpetrator and factors from the community. Meanwhile, the obstacle in the application of restorative justice is the reluctance of the parties to resolve cases in the police for unknown reasons, for example if there is a summons from the police to conduct mediation, they (the perpetrator/victim) are not present
Co-Authors Agra Putra Riady Purba Br. Ginting, Ega Amanda Brema Putranata Editya S, Maria Ferba Emilia Fedika Firmantua, Edwardo Gabriel Nickodemus Ginting Gio Fani Sembiring Gio Fani Sembiring Pandia Gio Fani Sembiring Pandia Hanifah, Ida Hanna Niken Hutabalian, Maslon Jacob, John Tumba Jefri Jefri Jefri Koto, Ismail Laia, Viktor Riusman Manalu, Edwardo FH Maria Ferba Editya Maria Ferba Editya Maria Ferba Editya S Mhd Teguh Syuhada Lubis Milala, Jopia S. Ndruru, Venius Niken, Hanna NURLIA GINTING Olo Chris Simadi Pandia Omega Satrio Ginting Panjaitan, Nurhayati M Rosa, Amelia Saifullah Saina Eunika Y C Br Tarigan Selenc Gracia Pandia Sihite, Cici Sriwilina Simanjuntak, Maria Ferba Editya Viktor Riusman Laia