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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
Publisher : Journal Recht (JR)

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Abstract

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
Publisher : Journal Recht (JR)

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Abstract

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
Publisher : Journal Recht (JR)

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Abstract

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