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Journal : Journal of Education, Humaniora and Social Sciences (JEHSS)

Kajian Hukum Model Penyelesaian Kasus Melalui Hukum Pidana Adat Sebagai Upaya Penyelesaian Sengketa Di Luar Pengadilan Sinaga, Miduk; Warman, Edi; Eddy, Triono
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.58 KB) | DOI: 10.34007/jehss.v5i3.1304

Abstract

This study aims to find out the legal arrangements for implementing customary law in Indonesia and the process of resolving criminal cases through customary criminal law as an effort to settle disputes outside the court. This study uses normative legal research specifications, using qualitative data analysis with a doctrinal legal approach, collecting data by means of literature studies and interviews. The results of the research show that the application of adat has received recognition from several instruments, including Article 18 B paragraph (2) of the 1945 Constitution, Article 5 paragraph (3) of the Emergency Law of the Republic of Indonesia Number 1 of 1951 and Article 15 paragraph (2) of the International Covenant on Civil and Political Rights (ICCPR). Circular of the Chief of Police Number: SE/8/VII/2018, Director General of Legal Entities for the General Court of the Republic of Indonesia No: 1691/DJU/SK/PS.00/12/2020 and Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020 which regulates that certain crimes can be resolved through a Restorative Justice mechanism. The Process of Settlement of the beating/fighting that occurred around 2001 in Sosordolok Village, Kec. Daily, Kab. Samosir, a young man A (perpetrator) beat youth B (victim), the problem was that the mediator was Raja Bius), Mr. Monang Sinaga as a trusted party as an intermediary or mediator. The process of resolving the case was carried out at the Sosordolok village hall ending in peace, then a kind of "Mangindahani" was carried out, meaning "giving food" and paying medical expenses to the victim.
Peran Kepolisian Dalam Penegakan Hukum Tindak Pidana Menguasai Lahan Perkebunan di Wilayah Hukum Polres Langkat Kusuma, Juanda; Warman, Edi; Siregar, Taufik
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (826.935 KB) | DOI: 10.34007/jehss.v5i2.1326

Abstract

The purpose of this paper is to examine and analyze the rule of law, the role of the Langkat Police and its obstacles regarding the crime of plantation land in the Langkat Police Legal Area. The research method uses normative juridical research by analyzing legislation and conceptual analysis with descriptive data analysis. The results of this study indicate that the rule of law regarding control of plantation land is regulated in the provisions of Law no. 39 of 2014 concerning Plantations, where the threat of imprisonment is regulated in the provisions of Article 107 is sentenced to a maximum imprisonment of 4 years or a maximum fine of 4,000,000,000 (four billion rupiah), the role played by the Langkat Police in law enforcement of the crime of controlling plantation land namely referring to Law no. 2 of 2002 concerning the Police, and the obstacles faced by the Langkat Police in law enforcement of the crime of controlling plantation land, which consist of obstacles from the rule of law, obstacles from law enforcement, and obstacles from facilities and infrastructure.