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Harahap, Irawan
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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IMPLEMENTASI PENYEDIAAN RUANGAN KHUSUS TERHADAP ANAK DI POLRESTA PEKANBARU Siregar, Marito; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1349

Abstract

In general, children in adult prisons are at risk of experiencing trauma and other psychological problems because the prison environment is not in accordance with their developmental needs. Children placed in adult prisons can experience great mental and emotional stress. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system has not been running well, because there are still child perpetrators who are combined in adult rooms. The provision of this special room aims to ensure that children in conflict with the law receive treatment in accordance with their rights as children. This special room is designed to separate children from adult prisoners, in order to avoid negative influences that can damage the child's psychological development. Obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are the limited facilities and infrastructure that are in accordance with the needs of children, such as separate rooms from adult detention rooms, lack of budget and facilities to build special rooms for children, and human resources related to the lack of training for officers responsible for handling children in conflict with the law. Efforts to overcome obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are to provide a budget and allocation of resources to build facilities and infrastructure that are in the provisions of laws and regulations, more intensive coordination with related agencies, such as social institutions and local governments, to provide special rooms in accordance with legal provisions, and include improving psychological and rehabilitation facilities, so that children are not only placed in separate rooms, but also receive treatment that supports social recovery and reintegration.
PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN PERKARA DALAM KEBAKARAN HUTAN DAN LAHAN Hanipah; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1358

Abstract

The judge decided on Article 99 in a case and chose to rule based on Article 99 paragraph (1), indicating that the judge assessed the environmental violation as being caused by negligence rather than intent. Therefore, the punishment imposed is lighter compared to the sanctions under Article 98 paragraph (1), although still severe, considering the environmental impact caused. The purpose of this study is to analyze the legal considerations of judges in their decisions on forest and land fire cases and to examine the legal provisions concerning the criminal act of forest and land burning in Indonesia. The method used is normative legal research. Based on the research findings, it was revealed that the legal considerations of judges in decisions on forest and land fire cases involve assessing various legal aspects and evidence presented during the trial. The judges evaluate whether the defendant's actions fulfill the elements of a criminal act as stipulated in the relevant laws. Proof of intent, negligence, and the impact of the fire are crucial aspects. The verdict is also influenced by the extent of environmental damage, the impact on public health, and the economic losses incurred. Additionally, the judge considers the defendant's active role or negligence in preventing the fire. In some rulings, as in the above case, although the defendant burned the land on orders from another party, malicious intent or intent was not found. Regarding the legal provisions for forest and land burning in Indonesia, Law Number 32 of 2009 strictly prohibits such acts. Article 69 paragraph (1) letter h prohibits land clearing by burning, while Article 108 stipulates criminal sanctions for offenders with imprisonment ranging from 3 to 10 years and fines varying from IDR 3 billion to IDR 10 billion. Harsher penalties are imposed if the act causes environmental pollution or endangers human health, as regulated in Articles 98 and 99. In cases where burning causes serious injury or death, the punishment can reach 15 years in prison and fines of up to IDR 15 billion. Additionally, business entities found guilty of this crime may face additional sanctions such as license revocation.
PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN TEBAK ANGKA DI WILAYAH HUKUM POLRES INDRAGIRI HULU BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Nainggolan, Awet Lestari; Harahap, Irawan; Kadaryanto, Bagio
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1359

Abstract

Number guessing gambling in the jurisdiction of the Indragiri Hulu Police is a serious threat to public security and order. The social and economic impacts resulting from this gambling are disturbing the community and damaging family life. Reports from families and the community are important elements in taking action against gambling. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code has not been running optimally, because there are still cases of number guessing gambling every year in the Indragiri Hulu Police. The police conducted raids and collected evidence supporting the crime of number guessing gambling. Obstacles in law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the lack of sufficient evidence due to the high level of confidentiality, limited resources available, and minimal reports from the public, because the public is often reluctant to report number guessing gambling for certain reasons, such as fear of revenge from the perpetrators or because they themselves are involved in the practice. Efforts to overcome obstacles in enforcing the criminal law on number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the use of more sophisticated technology and surveillance systems, the need to increase the capacity of law enforcement officers in terms of investigation and use of technology, law enforcement against perpetrators of number guessing gambling is carried out firmly and consistently without discrimination, and strengthening intelligence networks and closed investigations.
PENEGAKAN HUKUM TERHADAP PENADAHAN BARANG HASIL CURIAN DI POLRES ROKAN HILIR BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Siregar, Anta Arief; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1369

Abstract

Items such as electronics, motor vehicles, and other valuable goods are sold quickly, making stolen goods difficult to trace. This criminal network complicates law enforcement efforts. Law enforcement against theft and fencing must be carried out firmly to maintain order and a sense of security in society. Perpetrators of theft and fencing can both be subjected to criminal sanctions in accordance with the provisions of the Indonesian Penal Code (KUHP). The purpose of this study is to analyze law enforcement against fencing stolen goods in Rokan Hilir Police jurisdiction based on the Penal Code. The method used is sociological legal research. The results of the study reveal that law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, has not been effectively implemented. This is evidenced by the increasing prevalence of fencing stolen goods, as referred to in Article 480 of the Penal Code. This article regulates the criminal act of fencing, where a person can be punished if they are proven to have knowingly received, purchased, or stored goods resulting from a criminal act such as theft. The obstacles in law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, include the difficulty of proving the element of intent on the part of the fencing perpetrators, the low public awareness of reporting fencing activities or involvement in the trade of stolen goods, challenges in identifying fencing perpetrators, and limited resources and technology for tracking stolen goods transactions, which further hinder the law enforcement process. Efforts to overcome these obstacles include improving coordination among law enforcement agencies, strengthening the capacity of investigative personnel in understanding and applying the articles governing the crime of fencing, and adopting a more inclusive approach with the community.
United Construction Contract And Responsibilities In The People's Research And Assistance Offices Yalid, Yalid; Harahap, Irawan; Pratiwi, Riantika
Journal of Social Research Vol. 3 No. 3 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i3.1899

Abstract

The purpose of this research is to explain the construction unit work contract and the responsibility for the risk of building failure that can be applied to one of the government procurement of goods and services at the Pekanbaru Search and Rescue Office. This research method is carried out through a stage in accordance with this type of research, namely empirical juridical. The result of this research found that the construction unit work contract and the responsibility for the risk of building failure at the Pekanbaru Search and Rescue Office should have been carried out by direct appointment. However, the procurement was instead carried out through a tender mechanism. The reason is that the Commitment Making Officer, Goods/Services Procurement Committee at the Pekanbaru Search and Rescue Office are not aware of the direct appointment rule. Liability for building failure if the construction unit work contract and responsibility for the risk of building failure at the Pekanbaru Search and Rescue Office are carried out without a direct appointment will be difficult to determine the responsibility. The construction service provider, whether it is the first construction work or construction consultancy, cannot be held liable for building failure if the building failure is caused by the fault of the follow-up work carried out by a different construction service provider. Conversely, it is also difficult for the construction service provider of the follow-on works to be held liable if the fault lies with the first construction works or construction consultancy
SHIFT OF REGULATION NORMS RELATING TO HOUSING LAW Fanny, Fanny; harahap, irawan; azmi, bahrum
EKSEKUSI Vol 6, No 1 (2024): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v6i1.28373

Abstract

There is a shift in norms regarding the form of sanction regulation in the new and old public housing and settlement regulations, namely in Law Number 1 of 2011 concerning Housing and Settlement Areas to Law Number 6 of 2023 concerning Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becomes Law. It seems that such conditions do not provide enough legal protection for consumers. The aim of this research is to analyze the ideal of establishing legal norms in housing regulations; to discover the legal implications of shifting norms regarding Housing. This type of research is normative legal research. The approach used is a statutory, concept and case approach with qualitative analysis methods. The results of the research show that ideally the establishment of legal norms is to regulate criminal sanctions, fines and additional criminal sanctions in Law Number 1 of 2011 concerning Housing and Settlement Areas. Where the criminal sanction of a fine has been applied to the developer of the Padang District Court in Decision Number 46/Pid.Sus/2018/PN Pdg which made the defendant admit that he felt deterred and provided justice and legal protection for low-income people regarding the right to livable government subsidized housing . The implications are: First, justice in the principles of this theory is as if it sides with the interests of business actors. Second, the failure of the law to regulate sanctions in the new regulations. This condition shows that there is an inconsistency between law in abstract form and the implementation of law in society. Third, the new regulation is in conflict vertically with Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Fourth, the new regulation is also horizontally in conflict with Law Number 12 of 2011 concerning the Establishment of Legislative Regulations as guidelines. making laws and regulations in Indonesia where the concept of Omnibuslaw is unknown in the types and hierarchy of laws and regulations in Indonesia and amendments/revocations of laws and regulations across sectors that are not justified, apart from that it also violates the principle of clarity of formulation and the principle of conformity between types and hierarchies. , and cargo material. Fifth, the shift in norms for regulating sanctions in the new regulations has the implication of not realizing legal protection for low-income communities who suffer losses due to developers and violating the community's human rights to obtain adequate residential housing.Keywords: Displacement, Sanctions, Housing.
PRINSIP PEMBANGUNAN BERKELANJUTAN SEBAGAI DASAR PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Harahap, Irawan; Pratiwi, Riantika; Rachman, Yusnidar
ANDREW Law Journal Vol. 4 No. 2 (2025): Desember 2025
Publisher : ANDREW Law Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61876/alj.v4i2.148

Abstract

Pelaksanaan pembangunan menjadi kebutuhan nyata yang harus diwujudkan. Namun menjadi perhatian adalah mewujudkan pembangunan tetap harus memperhatikan aspek lingkungan hidup, agar lingkungan tidak menjadi rusak dan tercemar, yang dapat merugikan generasi saat ini dan generasi yang akan datang. Konsep pembangunan berkelanjutan menempati posisi fundamental dalam paradigma perlindungan dan tata kelola lingkungan hidup. Prinsip ini mengedepankan harmoni yang dinamis antara tiga pilar utama: pertumbuhan ekonomi, keberlanjutan ekologis, dan keadilan sosial, baik untuk generasi saat ini maupun untuk generasi yang akan datang. Artikel ini bertujuan untuk menganalisis peran prinsip pembangunan berkelanjutan sebagai landasan hukum dalam perlindungan dan pengelolaan lingkungan. Dengan menggunakan metode penelitian hukum normatif melalui pendekatan perundang-undangan dan konseptual, kajian ini menyimpulkan bahwa prinsip pembangunan berkelanjutan berfungsi sebagai dasar normatif dan filosofis dalam perencanaan kebijakan serta implementasi pengelolaan lingkungan. Penerapannya secara efektif mensyaratkan internalisasi pertimbangan lingkungan ke dalam setiap tahap pembangunan, guna menjamin pelestarian sumber daya alam dan kualitas lingkungan yang berkelanjutan untuk masa depan.
IMPLEMENTATION OF ISSUANCE OF LAND TITLE CERTIFICATES IN PEAT AREAS IN PEKANBARU CITY Irwan; Harahap, Irawan; Libra, Robert
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.592

Abstract

Land certificates are expected to guarantee legal certainty, protect community rights, while still paying attention to the ecological function of peat as part of the environment. The purpose of this study is to analyze the implementation, obstacles, and efforts to overcome obstacles in the issuance of land title certificates in peat areas in Pekanbaru City. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the issuance of land title certificates in peat areas in Pekanbaru City has not been carried out optimally, because the issuance of land title certificates in peat areas also has the potential to cause conflicts between the legal certainty of land rights and the interests of protecting the peat ecosystem if not accompanied by strict spatial use controls. Therefore, land certification in peat areas cannot be interpreted solely as legalization of land ownership, but must be placed within a conditional legal framework that takes into account the social function of land and environmental sustainability. Obstacles are complex and multidimensional in nature, including the unclear status and function of peat areas, which requires caution from land officials to avoid conflict with spatial planning and environmental protection provisions. Furthermore, the unstable physical condition of peatland causes difficulties in measuring and establishing boundaries, thus slowing the technical certification process. From an administrative and legal perspective, weak land rights, poorly documented land ownership histories, and overlapping land ownership claims are still common. This is exacerbated by the lengthy coordination process between agencies. Meanwhile, from the community perspective, obstacles also arise from a lack of understanding of land and environmental law, as well as minimal outreach and assistance, often making it difficult for applicants to meet the stipulated requirements.
IMPLEMENTATION OF RESTORATIVE JUSTICE PRINCIPLES IN THE SETTLEMENT OF MISCELLANEOUS CRIMES BY THE POLICE OF THE REPUBLIC OF INDONESIA Situmorang, Urbanus; Harahap, Irawan; Afrita, Indra
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

From a legal perspective, this article has the potential to reduce the effectiveness of Restorative Justice in building social reconciliation and reducing recidivism. Therefore, there is a need to review the wording of the article to better align it with the principles of Restorative Justice and legal certainty. The purpose of this research is to analyze the legal provisions regarding Restorative Justice in the settlement of minor crimes by the Indonesian National Police and to analyze the application of Restorative Justice principles in the settlement of minor crimes by the Indonesian National Police. The method used is normative legal research. Based on the research results, it is known that the legal provisions for Restorative Justice in the resolution of minor crimes by the Indonesian National Police have a fairly strong normative basis, although they have not been fully codified in the Criminal Procedure Code. The primary legal basis for the implementation of Restorative Justice by the police stems from discretionary authority as specified in the Indonesian National Police Law, which provides room for police officers to act according to their own judgment in the public interest. This regulation was then clarified and reinforced through Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, which regulates the material and formal requirements, settlement mechanisms, and limitations of the application of Restorative Justice. Thus, legally, Restorative Justice in the resolution of minor crimes is a legitimate criminal law policy, based on controlled discretion, and intended to realize substantive justice, efficient law enforcement, and maintain social order. The application of Restorative Justice principles in resolving minor crimes by the police essentially reflects the core values of Restorative Justice, namely the principles of restoration, participation, perpetrator responsibility, a balance between legal certainty and substantive justice, and the protection of human rights. The principle of restoration is realized through efforts to redress the victim's losses and restore social relationships; the principle of participation is realized through dialogue and deliberation between the victim and the perpetrator; while the principle of perpetrator responsibility is reflected in an admission of guilt and a willingness to correct the consequences of the criminal act. However, the implementation of these principles still faces challenges, particularly related to the potential for subjectivity in the use of discretion, inconsistent application across regions, and the risk of neglecting victims' rights if the reconciliation process is not conducted voluntarily and equitably. Therefore, although conceptually and normatively, the application of Restorative Justice by the police is in line with the objectives of modern criminal law, in practice, strengthened oversight and consistency of implementation are still needed to ensure compliance with the principles of legal certainty and equality before the law.
Co-Authors Afrita, Indra Agustin, Elvan ALFARISI , SALMAN Arifin, Dhani Fratama Ariyanto, Yuli Azmi, Bahrum Bagio Kadaryanto, Bagio Bangun, Tri Suranta Eno Suwarno Ernawaty, Beby Fahli, Zul Fahmi Fanny Fanny Hanipah Haq, Miftahul Hartono, Wandi Hutagaol, Hendra Dm Irwan Kadri Libra, Robert m, Tri Novita Sari Manulang, Johanes Gabe Saputra Muhammad Rizki Muhardi, Dekky Nainggolan, Awet Lestari Nugraha, Ahmad Angga Oktapani, Silm Pardede, Rudi Pratiwi, Riantika Rachman, Yusnidar ratiwi, Riantika P Saputra, Dodi Ripo Sihombing, Rainer Wilona Sihotang, Tunggul Silaen, Gabriel Francius Sinaga, Richard Siregar, Anta Arief Siregar, Marito Sistha, Windy Widya Situmorang, Urbanus Sormin, Yohanes Untung Susi Susanti Suwisman, Suwisman Tampubolon, Subiarto Aprido Thamrin Thamrin Triana, Yeni Welli, Dion Winstar, Yelia Nathassa Yalid Yalid