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All Journal Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Parlaungan G Siahaan
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Humanities Education Environmental Science Social Sciences

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Harmonisasi dan Disparitas : Pembagian Warisan bagi Anak Adopsi dalam Hukum Perdata dan Hukum Adat Karo Nia Anjunita Sari Purba; Sri Hadiningrum; Parlaungan G Siahaan; Anggun Adelita; Andina Larasati; Enjelita Dwi Maharani
JISPENDIORA Jurnal Ilmu Sosial Pendidikan Dan Humaniora Vol. 4 No. 1 (2025): April: Jurnal Ilmu Sosial, Pendidikan Dan Humaniora
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/jispendiora.v4i1.2527

Abstract

This study is entitled Harmonization and Disparity: Comparative Analysis of the Division of Inheritance for Adopted Children According to Civil Law and Karo Customary Law. The main focus of this study is to identify and analyze the differences and common ground between the national legal system in this case civil law and Karo customary law in determining inheritance rights for adopted children. In civil law, adopted children are legally recognized as having equal standing with biological children. This provision strengthens the rights of adopted children to receive inheritance from their adoptive parents. On the other hand, in the context of Karo customary law, recognition of adopted children as heirs is still limited. Generally, only male adopted children are given inheritance rights to searched property, while inheritance remains inherited by male descendants from the bloodline. The problems studied in this proposal include how the law treats adopted children in the division of inheritance according to the two legal systems, the challenges faced in realizing the inheritance rights of adopted children, and how to formulate efforts to harmonize civil law and customary law in order to create equal justice. This study uses a qualitative approach with a library research type. The results of the study indicate that there is a fundamental disparity between civil law and Karo customary law in granting inheritance rights to adopted children. Civil law stipulates that adopted children who are legally adopted through the courts have equal rights to biological children, including the right to legitieme portie. Thus, a more inclusive, adaptive legal system can be created that guarantees justice for all children without discrimination based on birth status or gender.
Implementasi Pasal 480 KUHP terhadap Peran Pembeli Barang Hasil Kejahatan Sebuah Tinjauan dari Praktik Persidangan Ulfa Fatimah; Alex Prayoga Sidabutar; Jihan Aisyah Ramahdania; Dorlince O Hutapea; Parlaungan G Siahaan; Dewi Pika Lbn Batu
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 2 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i2.7068

Abstract

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.
Implementasi Pasal 480 KUHP terhadap Peran Pembeli Barang Hasil Kejahatan Sebuah Tinjauan dari Praktik Persidangan Ulfa Fatimah; Alex Prayoga Sidabutar; Jihan Aisyah Ramahdania; Dorlince O Hutapea; Parlaungan G Siahaan; Dewi Pika Lbn Batu
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.7073

Abstract

The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This paper investigates how Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.  
Co-Authors Alex Prayoga Sidabutar Andina Larasati Anggun Adelita Dewi Pika Lbn Batu Dorlince O Hutapea Enjelita Dwi Maharani Jihan Aisyah Ramahdania Nia Anjunita Sari Purba Sri Hadiningrum Ulfa Fatimah