cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Agung Suharyanto
Contact Email
agungsuharyanto@staff.uma.ac.id
Phone
-
Journal Mail Official
jiph@uma.ac.id
Editorial Address
-
Location
Kota medan,
Sumatera utara
INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
Arjuna Subject : -
Articles 312 Documents
 28   29   30   31   32 
Analisis Hukum Penanganan Kasus Pidana dengan Pelaku oleh Kepolisian dengan Pendekatan Restorative Justice (Studi di Polsek Medan Baru) Harahap, M. Yarhamuddin; Ahmad, Akiruddin; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16245

Abstract

The juvenile criminal justice system in Indonesia, as regulated by Law Number 11 of 2012 on the Juvenile Criminal Justice System, Supreme Court Regulation Number 4 of 2014, and Police Regulation Number 8 of 2021, emphasizes the application of a restorative justice approach as an alternative to resolving cases involving children. This study employs an empirical juridical research method with normative and sociological approaches. Data were collected through literature review and interviews with police officers at the Medan Baru Police Sector. The research examines: (1) the legal framework governing restorative justice in Indonesian criminal law; (2) its implementation by investigators toward juvenile offenders at the Medan Baru Police Sector; and (3) the factors hindering its implementation. The findings indicate that restorative justice has a strong normative legal foundation. Its implementation at the Medan Baru Police Sector is carried out through diversion by prioritizing the best interests of the child and facilitating mediation between the offender, the victim, their families, and related parties. However, several obstacles remain, including limited resources, lack of public understanding, and technical constraints in the mediation process. Therefore, enhanced socialization, improved facilities, and active community participation are necessary to optimize the implementation of restorative justice in ensuring legal protection for children.
Analisis Peran Organisasi Kepemudaan Gerakan Pemuda Al Washliyah Provinsi Sumatera Utara Dalam Pencegahan Tindak Pidana Narkotika Di Kalangan Remaja Menurut Undang-Undang Nomor 40 Tahun 2009 Tentang Kepemudaan Siregar, Zulham Efendi; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16272

Abstract

Drug abuse has become a crisis that threatens various aspects of life, including physical, mental, and social health, and even the future of the younger generation. Globally, approximately 296 million people aged 15-64 will abuse drugs in 2023, representing approximately 5.8% of the adult population. In Indonesia, the prevalence of drug abuse in 2023 is projected to reach 1.73%, equivalent to 3.33 million people aged 15-64. Of this number, 312,000 are adolescents. This indicates that adolescents, as the nation's hope, are highly vulnerable to the distribution and influence of narcotics (BNN RI, 2025). The type of research used is empirical legal research. Empirical legal research is legal research that combines two approaches: a normative (legal) approach and a sociological (empirical) approach. The GPA plays a strategic role as an Islamic youth organization that not only fosters and develops the potential of its members but also serves as a moral bulwark in preventing drug crimes among adolescents through religious, educational, and social approaches. GPA's strategies and policies are comprehensive, encompassing internal development through enforcement of organizational rules, drug awareness campaigns, and the involvement of cadres in positive activities. GPA also synergizes its programs with government policies (particularly the P4GN) and collaborates with authorities and educational institutions. GPA's relationship with other youth organizations in North Sumatra is synergistic and collaborative, where cross-organizational cooperation further strengthens the collective movement against drugs and emphasizes the role of youth as the vanguard in safeguarding the nation's morality, health, and future.
Analisis Penegakan Hukum Yang Tepat Bagi Pelaku Penyalahgunaan Narkotika Dalam Perspektif Hak Asasi Manusia Kurniawan, Syahfrin; Joharsyah, Joharsyah; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16273

Abstract

The enforcement of narcotics laws in Indonesia continues to face significant challenges, particularly in distinguishing drug abusers as victims of addiction rather than conventional offenders. This study, titled “Human Rights-Based Legal Enforcement for Narcotics Abusers: A Study of the National Narcotics Agency (BNNK) Serdang Bedagai”, aims to examine the human rights protections afforded to narcotics abusers, assess appropriate sanctions under the Narcotics Law, and identify obstacles and potential solutions within the jurisdiction of BNNK Serdang Bedagai. Using normative and empirical juridical methods with statutory and conceptual approaches, data were collected through literature studies and interviews with relevant stakeholders, followed by qualitative descriptive analysis. The findings indicate that human rights protections for narcotics abusers have been guaranteed by the 1945 Constitution, Law No. 39 of 1999 on Human Rights, and Law No. 35 of 2009 on Narcotics, which mandate both medical and social rehabilitation for addicts. However, in practice, law enforcement officers often impose imprisonment without considering rehabilitation, thereby potentially violating rights to health and justice. The appropriate sanction for narcotics abusers is rehabilitation, as they are categorized as victims requiring recovery. Key obstacles include limited rehabilitation facilities, societal stigma, and inadequate understanding of human rights perspectives among officers. Strengthening institutional coordination, expanding rehabilitation infrastructure, and increasing public awareness are essential to ensuring humanistic and rights-based narcotics law enforcement.
Tinjauan Normatif Implementasi Justice Collaborator Sebagai Upaya Pengungkapan Fakta Hukum Tindak Pidana Pembunuhan Berencana Dalam Putusan Nomor: 796/Pid.B/2022/Pn.Jkt.Sel Msg, M.Saufi Satria; Muhlizar, Muhlizar; Nasution, Dian Mandayani Ananda
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16275

Abstract

Premeditated murder is a serious criminal offense that threatens the fundamental right to life and generates broad social implications, including fear and public unrest. The case examined in Decision Number 796/Pid.B/2022/PN.Jkt.Sel holds distinctive juridical and sociological relevance, particularly due to the involvement of law-enforcement officers as perpetrators and the crucial role of a cooperating offender (Justice Collaborator) in revealing the material truth. The presence of a Justice Collaborator introduces an important dialectic: while serving as an effective instrument in proving complex criminal cases, it simultaneously raises concerns regarding legal protection guarantees and sentencing consistency. This research employs a normative juridical method with statutory and case approaches. Primary legal sources include the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), Law No. 31 of 2014 on Witness and Victim Protection, and Supreme Court Circular Letter No. 4 of 2011, analyzed alongside doctrinal and academic literature. Findings indicate that although the Justice Collaborator mechanism has obtained normative legitimacy, its regulation remains partial and lacks systematic codification in a dedicated statute. Judicial considerations in Decision Number 796/Pid.B/2022/PN.Jkt.Sel demonstrate that the status of a Justice Collaborator is treated as a mitigating factor due to their significant contribution to uncovering material truth. Thus, the application of the Justice Collaborator scheme in premeditated murder cases not only enhances the effectiveness of criminal justice but also underscores the urgency of establishing more comprehensive and equitable legal protection mechanisms.
Perlindungan Hukum Terhadap Kreditor Separatis Atas Hak Eksekusi Jaminan Debitor Lembaga Keuangan Berdasarkan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan Penguatan Sektor Keuangan (Studi : Balai Harta Peninggalan (Bhp) Medan) Ma’arif, Amar; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16277

Abstract

The position of secured creditors in the Indonesian bankruptcy regime has shifted significantly following the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUPPSK). Separatists traditionally have the privilege of executing collateral objects without being subject to the general bankruptcy mechanisms stipulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). However, the revocation of some of the UUKPKPU norms by the UUPPSK has created normative uncertainty, particularly regarding the limited access of secured creditors to bankruptcy instruments if the debtor is a financial services institution under the exclusive authority of the Financial Services Authority (OJK). Using a normative and empirical juridical approach, along with statutory, conceptual, and case study analysis, the study shows that although the UUKPKPU still legitimizes secured creditors' right to execute, its regulation is reduced by the validity of the stay period and the limitation of locus standi in financial institution bankruptcy cases. This situation creates tension between the interests of secured creditors seeking legal protection for their property rights and the regulator's goal of maintaining financial system stability. The research findings confirm that the legal configuration following the UUPPSK has not fully guaranteed the certainty and protection of secured creditors' rights, and has created a normative vacuum that has the potential to disrupt the balance between individual creditors' interests and the public interest in the context of financial sector stability.
Analisis Kedudukan Perma No. 1 Tahun 2016 Tentang Prosedur Mediasi Sebagai Dasar Penyelesaian Perselisihan Yang Bermuatan Tindak Pidana Dalam Perspektif Hukum Pidana Surya, Muhammad Langga; Falahiyati, Nurhimmi; Sahbudi, Sahbudi
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16424

Abstract

This study examines the legal status of the Indonesian Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures when applied to disputes containing criminal elements. Although PERMA is primarily designed to strengthen mediation mechanisms in civil cases, in practice many disputes originate in the civil domain but subsequently generate criminal consequences, such as fraud allegations arising from loan agreements, domestic violence emerging from family conflicts, or embezzlement issues stemming from business disputes. These situations raise questions regarding the extent to which PERMA may influence or serve as a basis for resolving cases involving criminal offenses. Using a normative juridical method with statutory, conceptual, and case approaches, this study finds that PERMA is hierarchically subordinate to statutory laws and therefore cannot override the Indonesian Criminal Code (KUHP) or the Criminal Procedure Code (KUHAP). Consequently, PERMA cannot serve as a legal basis for terminating criminal proceedings, as such mechanisms are strictly regulated under KUHAP. Nevertheless, the principles of mediation embodied in PERMA can be adopted analogically to support restorative justice, particularly in minor offenses or complaint-based crimes. Peace agreements may be considered by judges in sentencing or by prosecutors in applying the principle of opportunity. Thus, while PERMA cannot halt criminal processes, it can function as a normative reference that strengthens a more humanistic and efficient approach to criminal case resolution without compromising legal certainty.
Penegakan Hukum Materiel dan Formil Tindak Pidana Pertambangan Emas Tanpa Izin Polda Kalimantan Barat Meindarwan, Estysaputro; Rahman, Adi Nur
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16591

Abstract

This study analyzes the strategies for enforcing both substantive and procedural criminal law by the Directorate of Special Criminal Investigation (Ditreskrimsus) of the West Kalimantan Regional Police in addressing Illegal Gold Mining (PETI), as well as identifying the challenges encountered in the field. The research employs an empirical juridical approach with a socio-legal perspective, conducted through interviews with investigators and analysis of legal documents. The findings indicate that substantive law enforcement is based on Law Number 3 of 2020 concerning Mineral and Coal Mining, while procedural enforcement is carried out through the stages of preliminary inquiry and investigation. However, its implementation faces several obstacles, including geographical constraints, budget limitations, and social resistance from communities economically dependent on PETI activities. The study emphasizes the need for a more integrative law enforcement policy through the harmonization of small-scale mining regulations and inter-agency synergy, recommending the acceleration of the establishment of People’s Mining Areas (WPR) as a strategic solution to reduce legal conflicts and environmental degradation in West Kalimantan.
Comparative Analysis of Institutional Structures and Fundamental Principles of the Criminal Justice Systems of Indonesia and South Korea Bandu , Sri J. Anggun; Panggabean, Mompang L.; Siregar, Rospita Adelina
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16609

Abstract

This study aims to analyze and compare the institutional structure and basic principles of the Criminal Justice System (CJS) in Indonesia and South Korea. This study examines how the adaptation of Civil Law principles shapes the unique dynamics of the criminal justice process in both countries. Indonesia and South Korea are both rooted in the Civil Law tradition that upholds the principles of legality and codification. This study uses a normative legal method with a comparative approach through a literature review to analyze relevant legislation and literature. The results of the study show significant differences in implementation: Indonesia maintains an integrated criminal justice system model with a sectoral separation of the functions of investigators (the police) and prosecutors (the attorney general's office). In contrast, South Korea shows a more dynamic evolution through the centralization of the authority of prosecutors as leaders of investigations and the application of the limited principle of opportunity (Opportunitätsprinzip). This adaptation, including the participatory jury system as a foreign element, aims to improve efficiency, public accountability, and substantive justice-particularly in victim protection. In conclusion, South Korea’s strategy offers valuable insights for Indonesia to strengthen inter-agency integration, improve victim rights protection, and examine the potential flexibility in the principle of legality for the sake of a more equitable and effective CJS/SPP.
Transformasi Sekolah Digital dalam Tantangan Hukum dan Perubahan Sosial Era Pendidikan 5.0 Saifuddin, Muhammad Aris
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16615

Abstract

The conventional-to-digital school transformation represents a fundamental shift in the educational system that is not merely technological, but also social and normative. This transition reflects a movement from traditional learning models toward a technology-based educational ecosystem that demands legal adaptation and structural social change. This study aims to analyze how educational digitalization influences the form of social solidarity and the role of education law in maintaining social equilibrium in the Education 5.0 era. The research employs a socio-legal approach with a descriptive-analytical method, utilizing content analysis and thematic analysis of relevant literature, statutory regulations, and digital education policies. The findings indicate that digital transformation reshapes social solidarity from Durkheim’s mechanical form toward an organic model, wherein social relations within education are increasingly built upon differentiated roles and functional interdependence among educational actors. Furthermore, education law undergoes a process of rationalization, shifting from a repressive to a restitutive function, in line with Soerjono Soekanto’s perspective, emphasizing digital rights protection, technological ethics, and social balance. Thus, digital transformation constitutes not only a technological innovation but also a process of social and legal reconstruction that shapes new patterns of solidarity and responsibility within modern education.
Analisis Sosiologi Hukum atas Penyalahgunaan Wewenang Tindak Pidana Korupsi dalam perspektif Anomie dan Realisme Hukum Gea, Muhammad Yasin Ali; Agusmidah, Agusmidah; Rosmalinda, Rosmalinda
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16616

Abstract

The abuse of authority in corruption cases in Indonesia can be more comprehensively examined through the lens of the sociology of law, particularly by applying Anomie Theory and Legal Realism. Corruption, as an extraordinary crime, persists despite the relative adequacy of the formal legal system (law in the books). This study employs a socio-legal method with a qualitative descriptive approach to explore the interplay between social structures and law enforcement practices in power-based corruption. The findings reveal that Anomie Theory explains corruption as a deviant “innovation” arising from the gap between cultural goals such as wealth and social status and the limited institutional means to achieve them lawfully. Conversely, Legal Realism emphasizes law in action, showing that judicial decisions and enforcement practices are often influenced by extra-legal factors such as political power, economic interests, and institutional pressure. This dynamic erodes the corrective function of formal law and undermines substantive justice. Although procedural justice may be achieved, public trust in the legal system continues to deteriorate, perpetuating a cycle of social anomie. The study concludes that effective anti-corruption efforts require not merely normative or positivist reforms, but also structural transformation in law enforcement and the reconstruction of social norms underpinning the moral legitimacy of law.

Page 31 of 32 | Total Record : 312

 28   29   30   31   32 

Filter by Year

2014 2025


Reset
Filter By Issues
All Issue Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol. 9 No. 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 7, No 2 (2020): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 7, No 1 (2020): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni Vol 5, No 2 (2018): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 5, No 2 (2018): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER Vol 5, No 1 (2018): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 5, No 1 (2018): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 4, No 2 (2017): Jurnal Ilmiah Penegakan Hukum Desember Vol 4, No 2 (2017): Jurnal Ilmiah Penegakan Hukum Desember Vol 4, No 1 (2017): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 4, No 1 (2017): JURNAL ILMIAH PENEGAKAN HUKUM JUNI Vol 3, No 2 (2016): Jurnal Ilmiah Penegakan Hukum Desember Vol 3, No 2 (2016): Jurnal Ilmiah Penegakan Hukum Desember Vol 3, No 1 (2016): Jurnal Ilmiah Penegakan Hukum Juni Vol 3, No 1 (2016): Jurnal Ilmiah Penegakan Hukum Juni Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember Vol 2, No 1 (2015): Jurnal Ilmiah Penegakan Hukum Juni Vol 2, No 1 (2015): Jurnal Ilmiah Penegakan Hukum Juni Vol 1, No 2 (2014): Jurnal Ilmiah Penegakan Hukum Desember Vol 1, No 2 (2014): Jurnal Ilmiah Penegakan Hukum Desember Vol 1, No 1 (2014): Jurnal Ilmiah Penegakan Hukum Juni Vol 1, No 1 (2014): Jurnal Ilmiah Penegakan Hukum Juni More Issue