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KAJIAN HUKUM TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DARI ASPEK KRIMINOLOGI Sianturi, Benny Eliezer; Simanjuntak, Immanuel; Saragih, Wira Natanael; Aritonang, Zico Ricardo
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.v8i2.1309

Criminal law regulates patterns of human behavior and/or legal entities, in this case in the writing, namely the legal study of perpetrators of narcotics crimes from a criminological aspect. In this study, the author applies a research method that tends to be normative juridical, which is seen not only from the regulatory aspect but also from the study of decisions. Thus, it can provide benefits to the relationship between perpetrators of narcotics crimes and criminology. That in this case the author explains what causes perpetrators to commit narcotics crimes from a criminological aspect (study of decision 1248/pid.sus/2023/PN/Mdn), the author also explains how the role of law enforcement against perpetrators of narcotics crimes from a criminological aspect of the Decision study: 1248/pid.sus/2023/PN/Mdn. Thus, it can be concluded that the causes of perpetrators of narcotics crimes when viewed from a criminological perspective, the cause of the occurrence is mostly due to environmental or community factors, family, personality, and even economic factors. And if seen from the role of law enforcement against perpetrators of narcotics crimes from the criminology aspect, it has actually been running well, but in this case, optimal cooperation is needed in order to reduce narcotics crimes. So that it is not only the role of law enforcement but also all levels of elements, both society, to eradicate narcotics.

Pertanggungjawaban Pidana terhadap Penjual Obat Hexymer Tanpa Izin di Masyarakat Simanjuntak, Natasya; Simanjuntak, Immanuel; Hasibuandan, Viona Sari; Aritonang, Zico Ricardo
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.851

Indonesia is a rule-of-law country that requires the law to be upheld, respected, and obeyed by everyone without exception. This includes the right of every individual to receive healthcare, which is guaranteed by the constitution and enforced in any country that adheres to this law to improve healthcare services for all its citizens and achieve its welfare goals. The rampant sale of drugs without a distribution license in society is concerning. One example is the widespread sale of drugs without approval from the National Agency of Drug and Food Control (BPOM), which poses a threat to public health and safety because there is no guarantee of safety from BPOM. This research uses normative legal research with a descriptive approach. The legal materials used include both primary and secondary legal sources. In this context, the author is interested in the criminal liability of individuals selling Hexymer without a license in society. The research questions are: What is the criminal responsibility of individuals selling Hexymer without a license in society? What are the judges' considerations in dealing with offenders who sell Hexymer without a license in society? Based on the findings, the author concludes that the criminal act of selling Hexymer without a license in society can be charged under Articles 196 and 197 of Law No. 36 of 2009 on Health, and in the judges' considerations, the offender may be subjected to a fine of IDR 5,000,000.

Tinjauan Yuridis Terhadap Anak Sebagai Korban Pelecehan Seksual Menurut Undang Undang Nomor 35 Tahun 2014 (Studi Putusan:No.64/Pid.Sus/2021/PNMdn) Sinaga, Mernan
SUPREMASI : Jurnal Hukum Vol 5 No 1 (2022): SUPREMASI : Jurnal Hukum 2022
Publisher : Universitas Sahid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36441/supremasi.v5i1.853

Dilecehkan seorang manusia adalah suatu tindakan terkutuk yang tak patut dilakukan seorang manusia kepada manusia lainnya, dan ini tidak sesuatu yang pertama kali terjadi di Republik ini. Apalagi jika pelecehan itu terjadi pada seorang anak, yang notabene adalah berkat yang diberikan mahakuasa kepada orang tua nya dan generasi penerus bagi bangsa nya. Negara telah menjamin perlindungan kehidupan yang aman terhadap anak melalui peraturan perundang-undangannya, yaitu terletak pada Undang-Undang Dasar 1945 dan UU tentang Perlindungan anak terbaru yang menjadi perubahan pada UU No 23 Tahun 2002. Selanjutnya UU Perlindungan anak juga telah mengatur mengenai hak-hak yang akan didapatkan anak sebagai korban kejahatan seksual. Hal tersebut adalah perasan dari konsep Restorative of Justice yang merupakan konsep baru dalam hukum pidan Indonesia. Jika dikaitkan dengan putusan No.64/PidSus/2021/PN.Mdn bahwa terdakwa melakukan hubungan seksual dengan korban tanpa dengan paksaan dan kekerasan, namun hanya dengan rayuan dan korban kebetulan kekasih terdakwa.

Kajian Hukum Terhadap Pelaku Tindak Pidana Kebakaran Hutan di Kawasan Hutan Provinsi Sumatera Utara (Di Dusun II Desa Sarimarihit Kecamatan Sianjur Mula-Mula Kabupaten Samosir) Tampubolon, Putri Ivana Martsaulina Gok Asi; Simanjuntak, Immanuel
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1118

A forest is a land or large land that stretches where there are many green trees, forests are also a habitat for wildlife and other living creatures such as animals, plants or other organisms. If you look at the many forest fires in Indonesia, in particular, forests in the North Sumatra region have also been found to have many forest fires. One example of forest fires that occurred in the Samosir Regency area is that in this case there has been a forest fire covering an area of ±22.9 ha. This research was carried out to find out how criminal responsibility for perpetrators of forest crimes in the forest area of North Sumatra Province, (in Hamlet II, Sarimarihit Village, Sianjur Mula-Mula District, Samosir Regency) as well as to find out how the judge considers the perpetrators of forest fires in the forest area of North Sumatra Province (in Hamlet II, Sarimarihit Village, Sianjur Mula-Mula District, Samosir Regency). The type of research used is normative juridical in nature, which focuses on laws and court decisions. The crime of forest fire committed by the perpetrator has been proven and meets the elements so that in this case the perpetrator is charged with a criminal sentence of 1 year and a fine of 500 million rupiah and the judge's consideration of the perpetrator has been objectively applied and by considering the existing evidence. Until in this case, with the crime of forest fire committed by the perpetrator, he should be sentenced to prison with the maximum penalty.

Kajian Hukum Terhadap Pelaku Tindak Pidana Kebakaran Hutan di Kawasan Hutan Provinsi Sumatera Utara (Di Dusun II Desa Sarimarihit Kecamatan Sianjur Mula-Mula Kabupaten Samosir) Tampubolon, Putri Ivana Martsaulina Gok Asi; Simanjuntak, Immanuel
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1118

A forest is a land or large land that stretches where there are many green trees, forests are also a habitat for wildlife and other living creatures such as animals, plants or other organisms. If you look at the many forest fires in Indonesia, in particular, forests in the North Sumatra region have also been found to have many forest fires. One example of forest fires that occurred in the Samosir Regency area is that in this case there has been a forest fire covering an area of ±22.9 ha. This research was carried out to find out how criminal responsibility for perpetrators of forest crimes in the forest area of North Sumatra Province, (in Hamlet II, Sarimarihit Village, Sianjur Mula-Mula District, Samosir Regency) as well as to find out how the judge considers the perpetrators of forest fires in the forest area of North Sumatra Province (in Hamlet II, Sarimarihit Village, Sianjur Mula-Mula District, Samosir Regency). The type of research used is normative juridical in nature, which focuses on laws and court decisions. The crime of forest fire committed by the perpetrator has been proven and meets the elements so that in this case the perpetrator is charged with a criminal sentence of 1 year and a fine of 500 million rupiah and the judge's consideration of the perpetrator has been objectively applied and by considering the existing evidence. Until in this case, with the crime of forest fire committed by the perpetrator, he should be sentenced to prison with the maximum penalty.

Pertanggungjawaban Pidana terhadap Penjual Obat Hexymer Tanpa Izin di Masyarakat Simanjuntak, Natasya; Simanjuntak, Immanuel; Hasibuandan, Viona Sari; Aritonang, Zico Ricardo
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.851

Indonesia is a rule-of-law country that requires the law to be upheld, respected, and obeyed by everyone without exception. This includes the right of every individual to receive healthcare, which is guaranteed by the constitution and enforced in any country that adheres to this law to improve healthcare services for all its citizens and achieve its welfare goals. The rampant sale of drugs without a distribution license in society is concerning. One example is the widespread sale of drugs without approval from the National Agency of Drug and Food Control (BPOM), which poses a threat to public health and safety because there is no guarantee of safety from BPOM. This research uses normative legal research with a descriptive approach. The legal materials used include both primary and secondary legal sources. In this context, the author is interested in the criminal liability of individuals selling Hexymer without a license in society. The research questions are: What is the criminal responsibility of individuals selling Hexymer without a license in society? What are the judges' considerations in dealing with offenders who sell Hexymer without a license in society? Based on the findings, the author concludes that the criminal act of selling Hexymer without a license in society can be charged under Articles 196 and 197 of Law No. 36 of 2009 on Health, and in the judges' considerations, the offender may be subjected to a fine of IDR 5,000,000.

Kedudukan Hukum Pidana Terhadap Pelaku Tindak Pidana Narkotika Jenis Shabu-Shabu Immanuel Simanjuntak; Emmanuella Mary Oktavia Lumbantobing; Immanuel Pahala Surya Lumbantobing; Geby Teresy Apriani Sihombing
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1105

Narcotic crimes have a profound impact on both society and the state. Law enforcement against offenders, particularly those involving methamphetamine, is based on Law No. 35 of 2009 on Narcotics. In Decision No. 3590/Pid.Sus/2021/PN.Mdn, the defendant was found guilty of possessing and distributing methamphetamine and was sentenced to eight years of imprisonment along with a fine of IDR 800 million in accordance with Article 112 paragraph (1) of the aforementioned law. This study employs a normative juridical approach to analyze the legal position of the offender and the application of criminal sanctions. Active participation from both law enforcement authorities and the public is essential in combating narcotics in order to create a deterrent effect and establish consistent jurisprudence. Strengthening collaboration between law enforcement agencies and society is crucial for preventing and eradicating drug trafficking. Furthermore, legal sanctions should be imposed firmly and proportionally to deter future offenses and to serve as a legal precedent in similar cases.

Kedudukan Hukum Pidana Terhadap Pelaku Tindak Pidana Narkotika Jenis Shabu-Shabu Immanuel Simanjuntak; Emmanuella Mary Oktavia Lumbantobing; Immanuel Pahala Surya Lumbantobing; Geby Teresy Apriani Sihombing
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1105

Narcotic crimes have a profound impact on both society and the state. Law enforcement against offenders, particularly those involving methamphetamine, is based on Law No. 35 of 2009 on Narcotics. In Decision No. 3590/Pid.Sus/2021/PN.Mdn, the defendant was found guilty of possessing and distributing methamphetamine and was sentenced to eight years of imprisonment along with a fine of IDR 800 million in accordance with Article 112 paragraph (1) of the aforementioned law. This study employs a normative juridical approach to analyze the legal position of the offender and the application of criminal sanctions. Active participation from both law enforcement authorities and the public is essential in combating narcotics in order to create a deterrent effect and establish consistent jurisprudence. Strengthening collaboration between law enforcement agencies and society is crucial for preventing and eradicating drug trafficking. Furthermore, legal sanctions should be imposed firmly and proportionally to deter future offenses and to serve as a legal precedent in similar cases.

Kajian Hukum Pidana Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Putusan Nomor: 1824/Pid.Sus/2023/PN.Mdn) simanjuntak, immanuel; Bayu Syahputra, Yoga; Ramenta Sembiring, Rio
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.14877

This study aims to describe human trafficking as a criminal offense and to examine legal protection for victims of trafficking from the perspective of positive law in Indonesia. This is a normative legal research using a statutory approach with legal materials as the primary data. Human trafficking is a serious crime that violates human values and justice, and it has developed into a transnational organized crime. The Indonesian Criminal Code includes several provisions addressing this offense, including Articles 289, 295, 296, 297, 324, and 328. Additionally, Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking explicitly regulates the elements and imposes strict penalties on perpetrators. In Decision Number: 1824/Pid.Sus/2023/PN.Mdn, the defendant was found guilty of exploiting a child and was sentenced to six years of imprisonment and fined one hundred and twenty million rupiah. The results of this research show that legal protection for victims is regulated, yet its implementation still requires strengthening to ensure justice and the full restoration of victims' rights.

Kajian Hukum Pidana Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Putusan Nomor: 1824/Pid.Sus/2023/PN.Mdn) simanjuntak, immanuel; Bayu Syahputra, Yoga; Ramenta Sembiring, Rio
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.14877

This study aims to describe human trafficking as a criminal offense and to examine legal protection for victims of trafficking from the perspective of positive law in Indonesia. This is a normative legal research using a statutory approach with legal materials as the primary data. Human trafficking is a serious crime that violates human values and justice, and it has developed into a transnational organized crime. The Indonesian Criminal Code includes several provisions addressing this offense, including Articles 289, 295, 296, 297, 324, and 328. Additionally, Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking explicitly regulates the elements and imposes strict penalties on perpetrators. In Decision Number: 1824/Pid.Sus/2023/PN.Mdn, the defendant was found guilty of exploiting a child and was sentenced to six years of imprisonment and fined one hundred and twenty million rupiah. The results of this research show that legal protection for victims is regulated, yet its implementation still requires strengthening to ensure justice and the full restoration of victims' rights.

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