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Hutabalian, Maslon
Universitas Quality Berastagi
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Journal : Journal Recht

 1 
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
TINJAUAN HUKUM TERHADAP PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) BERDASARKAN PERATURAN MANTERI AGRARIA DAN TATAT RUANG KEPALA BADAN PERTANAHANAN NASIONAL NO.6 TAHU 2018 DI BPN KABUPATEN KARO Yuda Efrimsa; Maslon Hutabalian; Maria Ferba Editya S
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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Legal Review of the Implementation of Complete Systematic Land Registration (PTSL), To find out the Legal Review of the Implementation of Complete Systematic Land Registration based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 6 of 2018 at the ATR/BPN Land Office of Karo Regency and to find out obstacles in Implementation of Complete Systematic Land Registration (PTSL) at the ATR/BPN Land Office of Karo Regency and Implementation of PTSL in Spatial Planning for the Community. The data collection technique used in this study was by means of a study of literature and analyzed qualitatively. The results of this study indicate that the implementation of PTSL has several activities that are combined with other activities or programs including cross-sectoral certificate programs, mass self-help certification programs, mass redistribution programs of landform objects, land consolidation, and transmigration and other mass certification programs or a combination of several program of activities stated in the law. Barriers to the implementation of complete systematic land registration (PTSL) are caused by technical and legal factors as well as the function of implementing PTSL in spatial planning for the community, including technical barriers, legal barriers, and community customary factors
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.
IMPLEMENTASI KEADILAN RESTORATIF DALAM PENYELESAIAN TINDAK PIDANA ANAK DI KEBUPATEN KARO STUDI KASUS KEJASAAN NEGERI KARO Viktor Riusman Laia; Maslon Hutabalian; Hana Niken Julia Sihotang
Journal Recht (JR) Vol. 4 No. 1 (2025): Journal Recht Vol. 4 No. 1 Tahun 2025
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Restorative Justice (RJ) is an approach to resolving criminal cases that emphasizes victim recovery, perpetrator accountability, and community involvement. In the context of juvenile crime, this approach is an alternative solution to avoid the negative impacts of the conventional justice system on children in conflict with the law. This study aims to analyze the implementation of Restorative Justice in resolving juvenile crime cases at the Karo District Attorney's Office, by highlighting the principles of RJ and the factors that become obstacles in its implementation. The research method used is the normative juridical method with a qualitative approach. Data were obtained through interviews with prosecutors, supported by a study of related documents and regulation no. 15 of 2020 concerning RJ. The results of the study indicate that the implementation of Restorative Justice at the Karo District Attorney's Office refers to the main principles of RJ, namely restoration, participation, and balance of interests. However, there are several obstacles in its implementation, including the lack of public understanding of RJ, resistance from victims in accepting peace, and limited legal resources that support the optimal implementation of RJ. This study emphasizes the importance of increasing socialization of the concept of Restorative Justice to the community and strengthening regulations to support its more effective implementation in the juvenile criminal justice system.
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 Achmad Feryliyan Br. Ginting, Ega Amanda Brema Putranata Gio Fani Sembiring Pandia Hana Niken Julia Sihotang Jefri Jefri Jefri Manalu, Edwardo FH MARIA FERBA ADITYA Maria Ferba Editya Maria Ferba Editya Milala, Jopia S. Nadirah, Ida Ndruru, Venius Olo Chris Simadi Pandia Omega Satrio Ginting Pamuji, Wirawan Rosa, Amelia Saina Eunika Y C Br Tarigan Saragih, Rayani Selenc Gracia Pandia Simanjuntak, Maria Ferba Editya Viktor Riusman Laia Viktor Riusman Laia Yuda Efrimsa