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JUNCTO: Jurnal Ilmiah Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27229793     DOI : 10.31289
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JUNCTO: Jurnal Ilmiah 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. All papers are peer-reviewed by at least two referees
Arjuna Subject : Ilmu Sosial - Hukum
Articles 165 Documents
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Kebijakan Lingkungan Hidup di Indonesia dalam Perspektif Hukum Pidana Setiawan, Tomi; Mughits, Muhammad Hammam
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.5908

Abstract

This paper aims to explain the effectiveness of environmental policy in Indonesia through the perspective of criminal law. The environmental crisis in Indonesia continues to be a serious concern due to the rise of environmental crimes throughout 2023, there were 3,835 cases of crimes against the environment based on the Central Statistics Agency report an increase from the previous year which only amounted to 2,492 cases. One important approach in dealing with this issue is the use of criminal law as a tool to provide a deterrent effect and ensure environmental sustainability. This research uses a doctrinal legal research method. The focus of this research involved analyzing legal norms in relevant legislation, doctrine, and jurisprudence, particularly Law Number 32 of 2009 on Environmental Protection and Management. The results show that although Indonesia has a progressive legal framework, its implementation still faces obstacles that include weak law enforcement and limited capacity of law enforcement officials. Moreover, this research emphasizes the need for reform of the environmental criminal law framework that integrates the principle of strict liability in writing into legislation and the need for the establishment of regulations that have binding legal force regarding the mechanism for implementing environmental restoration in writing to ensure fair and effective recovery of environmental damage.
Efektivitas dan Tantangan Kebijakan Hukum Pidana Korupsi: Perbandingan Indonesia, Singapura, Hong Kong, dan Malaysia Qadriah, Fauza; Ramadi, Bagus; Aminudin, Aminudin
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6162

Abstract

This article aims to analyze the criminal law policy in handling corruption cases in Indonesia both normatively and empirically, as well as to conduct a comparative study with several other countries. The research adopts a normative legal approach through literature review and secondary data analysis, supported by an empirical examination of the effectiveness of law enforcement. The findings indicate that Indonesia has a comprehensive anti-corruption criminal legal framework, severe sanctions, and specialized institutions such as the Corruption Eradication Commission (KPK). However, the country still faces challenges in implementation, including overlapping authorities among law enforcement agencies, lack of institutional independence, and a deeply rooted culture of corruption. Comparisons with other countries reveal that the key factors in successful anti-corruption policies are strong political will, consistent and impartial law enforcement, an independent judiciary, and a deeply embedded anti-corruption culture. Based on this analysis, the study recommends strengthening the independence of the KPK, enhancing coordination among law enforcement agencies, improving the legal framework, and reforming bureaucratic culture to increase the effectiveness of corruption prevention and eradication efforts in Indonesia.
Tanggungjawab Developer atas Keterlambatan Pembangunan terhadap Pembeli dalam Perjanjian Jual Beli Rumah (Studi pada PT X) Sania Bintang, Nadya Putri; Isnaini, Isnaini
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6088

Abstract

The purpose of this study is to examine the Developer's Responsibility for delayed construction to buyers in a house sale and purchase agreement (Study on PT X). In this case, it will discuss the principles of contract law, applicable regulations, and legal consequences of delayed house construction by developers to buyers in a house sale and purchase agreement. In the context of a house sale and purchase agreement, buyers can be harmed if there is a delay in construction in the house sale and purchase contract. The developer PT X was involved in a case of delayed housing construction. PT X and the buyer had a promise of a construction completion time in the house sale and purchase agreement. However, PT X failed to complete the construction on time, causing consumers to be harmed. Consumers then sued for compensation because the service was not available. This case shows how important the developer's legal responsibility is in fulfilling the obligations of the agreement and providing legal protection to consumers. The role of the developer is very important to ensure that the construction project is completed on time as stipulated in the contract. The method used is the normative legal research method, with data collection instruments for documentation studies and interviews, while data analysis uses descriptive analysis. The results of this study indicate that PT X has a legal obligation to complete construction according to the agreement on time. Due to the delay, consumers suffer material and immaterial losses. Developers are required to pay for these losses in accordance with the provisions of consumer protection law.
Analisis Yuridis Hukuman bagi Pelaku Tindak Pidana Perdagangan Orang (Studi Kasus Putusan Nomor 1318 Pk/Pid.sus/2023) Setyawan, Iwan; Simbolon, Winda C; Simanjuntak, Sarida Hotdeliana; Sembiring, Jenda Suranta
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6077

Abstract

Trafficking in persons is a transnational crime that violates human dignity and fundamental rights. This study analyzes the application of Law Number 21 of 2007 on the Eradication of Human Trafficking through a case study of Supreme Court Decision Number 1318 PK/Pid.Sus/2023. A normative juridical approach is employed to evaluate the legal grounds and judicial considerations in sentencing the perpetrator. The findings reveal that despite comprehensive legislation, its enforcement remains challenged by limited law enforcement capacity, evidentiary difficulties, and inadequate victim recovery mechanisms. The Supreme Court's ruling reflects legal consistency and rejects the judicial review due to the absence of valid new evidence (novum). This study recommends enhancing the capacity of legal practitioners and adopting a restorative justice approach to strengthen victim protection and improve sentencing effectiveness.
Analisis Penerapan Sanksi Pidana Terhadap Pelaku Tindak Pidana Yang Mengoperasikan Kapal Penangkapan Ikan Tanpa Surat Izin Penangkapan Ikan Pasya, Rafli; Mubarak, Ridho
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6063

Abstract

The problem in this study focuses on how the Legal Arrangements and Judges' Considerations in Criminal Sanctions Against Criminal Actors Who Operate Fishing Vessels Without a Fishing License in the Medan District Court Decision Number: 04/Pid.Sus-PRK/2020/PN.Mdn. This study aims to determine the Legal Arrangements and Judges' Considerations. The research method used in this study is normative juridical. the results of this study indicate that the Legal Arrangements are regulated in Articles 27, 28, and 93 of Law Number 31 of 2004 concerning Fisheries. The Judge's Considerations consist of legal considerations including, the Public Prosecutor's Indictment, Witness Statements, Expert Statements, Defendant's Statements, Evidence, Article 93 paragraph (1) Jo Article 27 paragraph (1) of the Republic of Indonesia Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. And the aggravating and mitigating factors for the Defendant.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Online Di Wilayah Polda Sumatera Utara Tahun 2021 – 2024 Sitorus, Sari Mahyuni; Panjaitan, Budi Sastra
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6177

Abstract

This study aims to analyze law enforcement against online gambling crimes in the North Sumatra Regional Police area, as well as to identify the legal strategies implemented by the police in dealing with these crimes. In addition, this study also aims to examine the active participation of the North Sumatra Regional Police in efforts to prevent and eradicate online gambling through preventive measures, public education, and cross-sectoral cooperation. By using a normative legal approach and qualitative methods, this study is expected to provide a comprehensive picture of the dynamics of online gambling law enforcement and the challenges faced by the police during the 2021–2024 period. The method used is a normative legal approach with data collection techniques through interviews with police officers and review of relevant legal documents. The results of the study show that the North Sumatra Regional Police implement preventive, educational, and repressive strategies in a sustainable manner. These strategies include blocking gambling sites, cyber patrols, public education, and taking firm action against perpetrators. The challenges faced include limited cross-country digital regulations and the rampant promotion of online gambling on social media. Therefore, collaboration between agencies is key to tackling online gambling. Effective law enforcement is expected to provide protection and a sense of security to the community and reduce the number of digital crimes in the North Sumatra region.
Pencemaran Nama Baik di Era Digital: Analisis Hukum Normatif terhadap Pilihan Jalur Penyelesaian Sengketa di Indonesia Simanjuntak, Predderics Hockop
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.5808

Abstract

Defamation has become an increasingly complex legal issue, particularly with the rapid growth of information technology and social media. This study aims to analyze the resolution of defamation disputes through criminal law, civil law, and restorative justice approaches in Indonesia. Criminal provisions are regulated in the Criminal Code and the Electronic Information and Transactions Law, while civil remedies allow victims to sue under Article 1365 of the Indonesian Civil Code. Meanwhile, the restorative justice approach offers an alternative resolution emphasizing recovery and reconciliation between the offender and the victim outside of litigation. This research employs a normative legal method with statutory and conceptual approaches. The findings indicate that although legal frameworks exist, their implementation faces challenges such as limited law enforcement capacity, low public legal awareness, and the imbalance between individual protection and freedom of expression. This research contributes to both theoretical and practical understanding of dispute resolution in defamation cases and encourages a more proportional and humane application of the law.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Illegal Fishing (Studi Kasus Putusan Pengadilan Negeri Tanjung Pinang Nomor 32/Pid.Sus- PRK/2020/Pn Tpg) Pakpahan, Marlina Elisabeth; Simbolon, Leonard; Andika, Andika
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6134

Abstract

This article aims to analyze the criminal liability of perpetrators of illegal fishing based on the Decision of the Tanjungpinang District Court Number 32/Pid.Sus-PRK/2020/PN Tpg. The focus lies on law enforcement efforts, the form of criminal responsibility, and the judge’s legal considerations regarding violations committed by the foreign vessel’s captain operating without an official fishing permit. The analysis applies the theoretical framework of criminal liability and maritime law. Data were collected through document studies of statutory regulations and court decisions, and analyzed qualitatively. This study concludes that criminal liability in this case was imposed in the form of a fine and confiscation of evidence due to jurisdictional limitations under UNCLOS. Although no custodial sentence was issued, the judge exercised a cautious and proportionate legal approach that aligned with national and international law, making the decision a significant precedent for fisheries law enforcement in Indonesia.
Perspektif Kemanfaatan Hukum terhadap Kejahatan Kohabitasi Pasal 412 Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana Lase, Agilber Gamaliel; Zulyadi, Rizkan; Mubarak, Ridho
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6065

Abstract

The phenomenon of cohabitation or "kumpul kebo" has attracted public concern in Indonesia, a society that upholds moral values. Article 412 of Law Number 1 of 2023 concerning the Criminal Code (KUHP) criminalizes cohabitation, reflecting a shift from social norms to legal regulation. This study employs a normative juridical approach with document analysis to examine the legal substance of cohabitation and its usefulness in the Indonesian social context. The data sources include statutory regulations, court decisions, and relevant legal literature. The findings indicate that the criminalization of cohabitation provides a clear legal basis, safeguards public morality, and harmonizes legal enforcement nationwide. However, the absence of an explicit definition of "living together as husband and wife" creates interpretive ambiguity, which may pose challenges in legal implementation. Therefore, while this legal provision contributes to the enforcement of social and legal norms, its application must be carefully balanced with considerations of justice and human rights.
The Ambiguity of the 'Public Policy Clause in the Execution of Foreign Arbitration Awards in Indonesia Ali Fikri, Ahmad Wildan
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.5892

Abstract

Arbitration has appeared as a leading forum in settlement dispute commercial international. stated that execution decision arbitration international can implemented if not contrary to public policy. Usage This clause gives rise to confusion in interpretation and become the cause failure execution decision arbitration foreign so that required study about what is the cause confusion? and how to execute it so still can implement? This research is research that uses method study law normative equipped with an approach legislation, comparison and approach conceptual work done in a way descriptive analytical in to study interpretation clause in regulation applicable legislation, cases that occur in various countries to compared to as well as concepts as solution. Research results state that uses This clause is contained in the AAPS Act 1999 and Article V of the New York Convention for limit implementation arbitration foreign. Decision arbitration foreign need acknowledged or ratified in the country were implementation execution. Public policy not only concerning interest individual or group just but more to objective together, interests general, or citizens in general. Rejection decision arbitration based on policy public need condition outside usual, namely " threat" real and serious to interest fundamental society." The situation This also happened in India, the European Union and Russia with various each solution. In order not to be ambiguous, Execution decision should load certainty just law, principle consensualism, fair and equal treatment, and violation characteristic final and binding decision. It is hoped that this article will come as reflection stakeholders’ policy for escort 'public policy' clause general ' so as not to obstacle for execution decision arbitration foreign.

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