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Optimize The Authority To Judicial Review By The Supreme Court Janpatar Simamora
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.94

Determined of Supreme Court Regulation Number 1 of 2011 about the Right to Test Material, where one of the substances remove strained period the submission deadline Applications for approval were previously limited to 180 days after regulation laws and regulations determined as previously regulated in the Regulations Supreme Court Number 1 of 2004 should be welcomed as a positive step in in order to make the authority to review statutory regulations effective by Supreme Court. In the future, in order to further optimize authority Therefore, the Supreme Court Regulations Concerning the Right to Judicial Review need to be revised through the establishment of Supreme Court Regulations regarding regulatory review regulations that include the right to material review and the right to formal review, because However, the Supreme Court does not only have the authority to carry out material tests also formal testing where the two understanding authorities are better known as the term judicial review authority.

Legal Analysis of Sexual Intercourse with a Child Through Deceitful Means, a Series of Lies, or Persuasion: Case Study of Decision Number 70/Pid.Sus-Anak/2024/PN Mdn Rejeki Parmon Purba; Janpatar Simamora; Ojak Nainggolan
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/zptgv473

Children receive special legal protection against sexual intercourse committed through deceitful means, a series of lies, or persuasion. This article analyses the offence elements, proof, and sentencing reasoning in Decision Number 70/Pid.Sus-Anak/2024/PN Mdn while distinguishing the legal positions of the child victim and juvenile offender. Using normative legal research with statutory and case approaches, it argues that consent or a dating relationship should not be generalised as negating liability where legislation protects children from specified means used to obtain intercourse; nevertheless, such facts must be placed accurately within proof of the charged elements. Deceitful means, a series of lies, and persuasion are alternative elements requiring objective differentiation. Medical evidence establishes clinical findings within its competence but does not by itself prove persuasion or deception. Because the study examines one decision, it does not claim a national pattern of adjudication.

Unlawful-Act Liability and the Supervisory Duties of the Financial Services Authority in Online Lending: A Critical Analysis of Cassation Decision Number 1206 K/Pdt/2024 Rotua Febriyanti Turnip; Janpatar Simamora; Sovia Febrina Tamaulina Simamora
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/0y82vh30

This article critically analyses unlawful-act liability in the regulation and supervision of online lending by Indonesia's Financial Services Authority (OJK) through Cassation Decision Number 1206 K/Pdt/2024. It expressly separates the court's ratio and dispositive order from the authors' normative evaluation. The study uses normative legal research with statutory and case approaches, examining the LPBBTI rules applicable during the disputed period, subsequent regulatory developments up to 31 August 2026, and the elements of Civil Code Article 1365. The analysis focuses on the legal source of OJK's duty, unlawfulness, fault, loss, and causal connection, as well as the remedial character of a citizen lawsuit. It argues that supervisory failure cannot be inferred merely from consumer loss; causation must be tested through a specific legal duty, regulatory capacity to prevent the relevant risk, causal proximity, and the remedy sought. The decision is therefore treated as an object of critical legal analysis rather than authority for the proposition that OJK is civilly liable for every loss associated with online lending.

Implementation Of Asset Confiscation Mechanism For State Finance Recovery In Corruption Criminal Acts At The North Sumatra High Prosecutor's Office. Sopianri Sianturi; Janpatar Simamora; Ojak Nainggolan
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/tq5fv520

Corruption entails not only criminal liability but also the recovery of state financial losses through asset tracing, freezing, seizure, confiscation, substitute-money enforcement, execution, and asset return. This study examines how these mechanisms are implemented at the North Sumatra High Prosecutor's Office and identifies normative, evidentiary, institutional, asset-management, and cross-jurisdictional constraints. It combines normative and empirical legal approaches through legislation, scholarly literature, available institutional materials, and interviews conducted in August 2026 with an official responsible for the relevant asset-recovery function. The findings show that asset recovery must be differentiated according to its legal basis: confiscation of assets connected to the offence, seizure as a procedural measure, and execution against a convicted person's property to satisfy the additional penalty of substitute-money payment. Implementation is constrained by concealment and transfer through third parties, evidentiary difficulties in linking property to the offence, limited asset-tracing capacity, depreciation of seized property, and the need for domestic and cross-border coordination. The article's specific contribution is to demonstrate that institutional effectiveness cannot be inferred from case volume alone, but must be assessed through the institution's legally grounded capacity to identify, secure, prove, execute, and return asset value to the state.

A Legal Analysis of the Supreme Court's Legal Reasoning in Annulling the KPPU Decision in a Tender-Collusion Case (Decision No. 523 K/Pdt.Sus-KPPU/2024) Ayu Tampubolon; Janpatar Simamora; Januari Sihotang
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/nx3c5738

This study examines the differing interpretations between the Business Competition Supervisory Commission (KPPU) and the Supreme Court regarding the evidentiary standard for tender collusion in Supreme Court Decision Number 523K/Pdt.Sus-KPPU/2024, as well as the legal grounds relied upon by the panel of judges of the Supreme Court in annulling KPPU Decision Number 17/KPPU-L/2022. KPPU had previously ruled that tender collusion occurred and imposed a monetary fine, a decision subsequently upheld by the Central Jakarta District Court. At the cassation level, however, the Supreme Court overturned the ruling on the grounds that no direct or indirect evidence was found indicating cooperation or a request from the tender participants to the project owner. This research employs a normative legal method with a qualitative approach, relying on secondary data consisting of primary, secondary, and tertiary legal materials gathered through library research and analyzed descriptively. The findings show that the divergence between the two institutions lies in the standard of proof applied: KPPU considered it sufficient that one tender participant obtained a benefit, whereas the Supreme Court required two cumulative elements, namely a benefit to the tender participant and an agreement or request originating from that participant. This divergence indicates that the stricter evidentiary standard adopted by the Supreme Court provides greater legal certainty, but risks narrowing KPPU's authority to act against covert forms of tender collusion.

Judicial Validation of a Private Land Sale and Purchase Agreement as a Basis for Registration of Transfer of Title: A Study of Medan District Court Decision No. 995/Pdt.G/2024/PN Mdn Jeremia Manalu; Janpatar Simamora; Ria Juliana Siregar
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/wwmhf722

Land is a crucial natural resource for human life from economic, social, and legal perspectives. Legal certainty in the transfer of land ownership rights requires an understanding of the distinction between the validity of sale and purchase agreements under civil law and the administrative requirements for land registration. In practice, many land transactions are conducted informally without involving a Land Deed Official (PPAT), thereby raising questions about their legal force. This research examines the validity of informal land sale and purchase agreements based on the Decision of the Medan District Court Number 995/Pdt.G/2024/PN.Mdn using normative juridical methods and a statutory approach. The analysis demonstrates that a sale and purchase transaction, according to Articles 1457-1458 of the Indonesian Civil Code, arises from the agreement of the parties, while the validity of the agreement must satisfy Article 1320 of the Civil Code- namely, agreement, capacity, definite object, and lawful cause. However, civil validity does not automatically result in the transfer and registration of ownership rights, as a PPAT deed is required in accordance with Government Regulation Number 24 of 1997. In the aforementioned decision, the judge considered the settlement of Rp95,000,000, delivery of the original certificate, physical possession for 11 years, and the consistency of witness testimony before ordering the registration of the right transfer. In conclusion, informal agreements can be legally binding under civil law, whereas PPAT deeds retain their preventive and administrative functions. The decision reflects justice, legal certainty, and administrative order, while providing judicial remedy for good-faith buyers.

The Role of the North Sumatra Provincial National Narcotics Agency in Preventing the Abuse of Narcotic-Laced Vape Liquid Among the Residents of Medan City Angelita Marbun; Janpatar Simamora; Ojak Nainggolan
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/ax4dn483

This study analyzes the role of the North Sumatra Provincial National Narcotics Agency (BNNP Sumut) in preventing the abuse of narcotic-laced vape liquids in Medan City. The inquiry is deliberately framed around role implementation and process adequacy rather than behavioral outcome effectiveness, which would require population-level measurement. The study uses an empirical legal approach combining statutory analysis, semi-structured interviews with two purposively selected BNNP Sumut informants in July 2026, and documentary triangulation using official and institutional sources. Implementation adequacy is assessed through five benchmarks: consistency with the legal mandate, specificity of risk communication, documented program delivery, readiness for inter-agency and laboratory coordination, and monitoring and evaluation records. The findings indicate that BNNP Sumut performs preventive functions through communication, information, education, community empowerment, and inter-agency coordination. The available evidence, however, is insufficient to attribute any reduction in drug abuse directly to those programs. Principal constraints include the adaptation of drug delivery through vape products, the need for laboratory testing to identify controlled substances, distribution through digital and informal channels, and limited outcome-based documentation. Stronger prevention therefore requires laboratory and early-detection coordination, legally grounded digital-market monitoring, youth-specific vape-risk education, and traceable evaluation indicators.

The Role of the Police in Addressing Narcotic Use Among Minors at the Investigation Stage: A Study of the Medan City Metropolitan Police (Polrestabes) Joshua Octavianus Lumban Gaol; Janpatar Simamora; Jusnizar Sinaga
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/5ef6w712

This empirical legal research aims to determine and analyze the role of the Police apparatus at the investigation level at the Medan City Police (Polrestabes Medan) in overcoming the criminal act of narcotics use by minors, as well as to identify the obstacle factors encountered. The research method used is empirical legal research with a socio-legal approach and a case approach, which is analyzed qualitatively using deductive reasoning. The results indicate that police investigators face a dilemma in harmonizing the application of Law Number 35 of 2009 concerning Narcotics, which is repressive in nature, with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), which promotes restorative justice principles and diversion mechanisms. In practice, these prevention efforts are hindered by three main factors: (1) legal substance obstacles in the form of normative conflicts and investigators being constrained by weight limits based on Supreme Court Circular (SEMA) No. 4 of 2010, which complicates the implementation of diversion for children manipulated as couriers; (2) legal structure obstacles due to the lack of Special Service Rooms (RPK) and Social Welfare Institutions (LPKS) facilities in the Medan area; and (3) legal culture obstacles including the slow issuance of community research reports (Litmas) by Bapas, family fear of social stigma, and community rejection of non-judicial settlement mechanisms.

The Effectiveness of Law Enforcement Against Street Crime by the Medan City Resort Police (Polrestabes Medan) Agnesia Pasaribu; Janpatar Simamora; Samuel F. B. Situmorang
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/c21sqd02

This study assesses the effectiveness of law-enforcement efforts against street crime by the Medan City Police (Polrestabes Medan) and identifies internal and external factors affecting implementation. It employs a socio-legal (empirical-juridical) method based on purposive interviews with three Polrestabes Medan officers conducted on 13–14 March 2026, a literature review, and analysis of the manuscript's street-crime report data for 2021–2025. Effectiveness is operationalized through Soerjono Soekanto's legal-effectiveness factors and the available indicators concerning legal basis, patrol implementation, personnel and facilities, community participation, and crime-report trends. The findings show that routine patrols and the JCS (Jaga, Cegah, Sigap or Guard, Prevent, Respond) program function as preventive instruments, but the available evidence is insufficient to establish that JCS itself caused a reduction in street crime because the program began only in December 2025 and no equivalent post-launch time series is available. Effectiveness is therefore assessed as partial and constrained by staffing, the need for stronger program evaluation, community participation, socioeconomic conditions, and narcotics abuse reported by police informants as one relevant risk factor. The study recommends measurable patrol standards, data-based crime mapping, stronger community-reporting mechanisms, and improved inter-functional and inter-agency coordination.

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