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Sugih Ayu Pratitis
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Jurnal Perspektif Hukum
Published by Universitas Harapan Medan
ISSN : 27158888     EISSN : 27165027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Perspektif Hukum has content in the form of the results of theoretical studies and studies that focus on various legal studies, including : Criminal law Civil Law Procedure Law Customary law Agrarian Law Administrative Law Constitutional Law Human Rights Law Islamic law
Arjuna Subject : Umum - Umum
Articles 73 Documents
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PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA KEKERASAN FISIK: Studi Pada UPTD Perlindungan Perempuan dan Anak Provinsi Sumatera Utara Hidayah, Azri Amin
Jurnal Perspektif Hukum Vol. 4 No. 2 (2023): Desember 2023
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Children are the young generation who are one of the human resources who have the potential to carry forward the nation's ideals. Every country is obliged to provide adequate attention and protection to children's rights. Violence often occurs against children, which can be destructive, dangerous and frightening for children. Children who are victims of violence suffer losses, not only material, but also immaterial, such as emotional and psychological shock, which can affect the child's future life. In essence, children cannot protect themselves and various kinds of actions cause mental, physical and social harm in various areas of life and livelihood. This research is normative juridical and empirical juridical legal research as support. Normative juridical research is an approach from the perspective of statutory regulations and legal norms, and case approaches are appropriate to existing problems, while the empirical juridical approach emphasizes research aimed at gaining knowledge of statutory regulations. The legal regulation of criminal acts committed by children is regulated in Law Number 11 of 2012 concerning the Juvenile Justice System, which in principle, cases of children in conflict with the law brought in the judicial process are serious cases of a serious nature, and still prioritize the principle of best interests. for children and the punishment process is the last resort without ignoring children's rights. Apart from that, children's cases can be resolved through non-formal mechanisms using a restorative justice approach to fulfill a sense of justice for the victim so that both parties can forgive each other.
ANALISIS YURIDIS TINDAK PIDANA PENGGABUNGAN HUKUM PIDANA KASUS BIBI RANDIKA (Studi Kasus Putusan Mahkamah Agung Nomor 520 K/Pid.Sus/2016): (Studi Kasus Putusan Mahkamah Agung Nomor 520 K/Pid.Sus/2016) Br Sinaga, Sara Clara Hagata
Jurnal Perspektif Hukum Vol. 5 No. 1 (2024): Juni 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.964

Abstract

Combined criminal offenses are often termed concursus or samenloop. Combination of criminal offenses is the occurrence of two or more criminal offenses by one person where the first criminal offense has not been sentenced, or between the first criminal offense and the next criminal offense has not been limited by a decision. The writing of this thesis uses a library research method to examine secondary data by analyzing the case of Supreme Court Decision Number 520 K/Pid.Sus/2016. This type of research data is secondary data. Primary and secondary legal materials are arranged systematically and analyzed qualitatively. From the results of the research, it is concluded that if a person commits more than one criminal act, only one act can be sentenced, namely the act with the most severe legal threat among other acts. The form of criminal sanction given to the perpetrator of the merger of criminal acts (samenloop van strafbepalingen) in Supreme Court Decision Number 520 K/Pid.Sus/2016 is that the defendant is sentenced to imprisonment for 18 (eighteen) years, and a fine of Rp. 25,000,000.00 (twenty-five million rupiah). Consideration of the combination of criminal offenses (samenloop van strafbepalingen.
PRAPERADILAN TERHADAP SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) OLEH KEPOLISIAN (Analisis Putusan Pengadilan Negeri Nomor 02/Pid.Prap/2020/PN.Ttd) Fauziah, Fauziah; Putra Sitorus, Andi
Jurnal Perspektif Hukum Vol. 5 No. 1 (2024): Juni 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.1007

Abstract

This pretrial is regulated in Article 77 of the Criminal Procedure Code, which contains the district court is authorized to examine and decide, in accordance with the provisions stipulated in the law. This writing uses a library research method to examine secondary data and the type of data in this research is secondary data. Primary and secondary legal materials are arranged systematically and analyzed qualitatively. The results of the research show that the legal arrangements governing pretrial in the legal process of criminal cases are regulated in Article 77 to Article 83 of the Criminal Procedure Code and after the issuance of the Constitutional Court Decision Number 21/PUU-XII/2014 added the determination of suspects, searches, and seizures included as pretrial objects. The judge's consideration in examining and deciding the pretrial case of the termination of investigation by the police in the case of embezzlement in office was to grant the pretrial application because the termination of investigation of the criminal case of embezzlement in office had been carried out by the first respondent and second respondent unprocedurally by not carrying out the provisions that had been expressly regulated both in Article 109 paragraphs (1) and (3) of the Criminal Procedure Code and in Article 15 of the National Police Chief Regulation Number 14 of 2012.
PERTANGGUNGJAWABAN PIDANA PEMILIK ANGKUTAN ATAU TRUK TERHADAP KECELAKAAN LALU LINTAS YANG DIAKIBATKAN KETIDAKLAIKAN ANGKUTANNYA Alfattah, Bagas Maulana
Jurnal Perspektif Hukum Vol. 5 No. 1 (2024): Juni 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.1026

Abstract

Traffic accidents are often caused by human factors and transportation inadequacies. Although there are regulations related to roadworthiness testing of motorized vehicles such as trucks, public awareness of the law and law enforcement is still not optimal. This results in unfit trucks continuing to operate and potentially causing accidents. This study aims to examine the legal regulation of traffic accidents due to unseaworthiness of transportation, criminal liability of transportation or truck owners for accidents, and solutions to overcome the increase in traffic accidents. The research method used is normative legal research with a descriptive approach. The findings of this research are two main regulations that regulate criminal acts of traffic accidents, namely the Criminal Code (KUHP) and Law Number 22 of 2009 concerning Road Traffic and Transportation (UULLAJ). The criminal responsibility of the driver of a vehicle that causes death in a traffic accident in Article 359 of the Criminal Code is imprisonment for a maximum of five years or confinement for a maximum of one year, can also be given criminal sanctions as stipulated in Law No. 22 of 2009 concerning Road Traffic and Transportation articles 310, 311 or 312. Solutions to reduce traffic accidents due to transportation unfitness include preventive measures, such as increasing public awareness, and repressive measures, such as law enforcement by law enforcement officials.
HARMONISASI HUKUM TERHADAP MEANINGFUL PARTICIPATION PADA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN Ansor, Ansor
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v6i2.1038

Abstract

Harmonisation of laws and regulations on public participation in the formation of laws and regulations is important/urgent to determine the quality of laws promulgated by the DPR together with the President. This is because community participation is not only about participating in the formation of the law but also determining whether the law will be accepted or rejected by the community after it is implemented. The formulation of the problem in this research is How is the basic concept of legal harmonisation of Meaningful Participation in the formation of laws and regulations based on Law Number 13 of 2022. The method of legal research is normative juridical or library legal research (search library), by analysing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the basic concepts of harmonisation of the principles of meaningful public participation, with data collection methods through document studies. The results of the research show that harmonisation of laws and regulations has been implemented, but only the implementation of the content of Article 96 Paragraph (1) reads: The public has the right to provide input orally and/or in writing in the formation of laws and regulations; The public has the right to provide input orally and/or in writing in the formation of laws and regulations. The content of the article is not carried out perfectly and the legislators only stick to the formal requirements without seeing the urgency of community participation as a benchmark for the acceptance of laws in society.
STUDI KASUS PUTUSAN NO. 1650/PDT.G/2017/PA.MKS TENTANG GUGATAN NASABAH YANG MERASA DIRUGIKAN OLEH PROSEDUR LELANG JAMINAN Cahyani, Putri Tri; Mukhlas, Oyo Sunaryo
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v6i2.1047

Abstract

This study examines legal issues related to the execution of collateral auctions in the case of Decision No. 1650/Pdt.G/2017/PA.Mks, where a customer sued the bank, alleging harm caused by the determination of the auction’s reserve price, which was deemed too low and lacked transparency. The main issue addressed is how the court assessed the lawsuit and to what extent the auction procedures complied with the applicable legal provisions. The purpose of this study is to analyze the reasons behind the customer’s perception of harm due to the auction procedures and how the court adjudicated the dispute. The research employs a normative legal method with a literature study approach. The data sources include court decisions, journal articles, legal textbooks, and relevant regulations, such as the Law on Mortgage Rights and the Ministry of Finance Regulations on auction implementation. The findings indicate that the customer's lawsuit was declared inadmissible (Niet Ontvankelijk Verklaard) due to the court's lack of absolute jurisdiction over the dispute. Additionally, the bank's execution of the auction was found to be in compliance with the applicable legal provisions. This study underscores the importance of customers understanding legal procedures and arbitration clauses in Islamic contracts, as well as the need for greater transparency in the execution of auctions by Islamic financial institutions.
QUO VADIS: DINAMIKA POLITIK HUKUM PENGESAHAN UNDANG UNDANG PERAMPASAN ASET Purba, Paulus
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v6i2.1052

Abstract

The recovery of assets derived from crimes has become one of the urgent and critical issues at the global level in Indonesia, namely to take back assets illegally obtained by and or who are not legally responsible so that the Government and the DPR based on their authority need to ratify the draft law on asset forfeiture immediately into law. The formulation of the problem in this study is How are the dynamics of legal politics in the formation of the draft law on asset forfeiture based on Law Number 13 of 2022 concerning the Formation of Legislation. The research method used is normative juridical law or library legal research (search library), by analysing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the legal political dynamics that occur between the Government and the DPR in terms of passing the draft law on asset forfeiture into law, with data collection methods through document studies. The results showed that the legal political dynamics that occurred between the Government and the DPR so that the Asset Forfeiture Bill was not passed due to many things, including first: The Asset Forfeiture Bill is contrary to Law Number 39 of 1999 concerning Human Rights Article 29 Paragraph (1); Second. Political interests of the Government and Parliament; Third. Coordination issues between law enforcement agencies; Fourth. The authority to adjudicate in the judicial system
PENGAMPUNAN TINDAK PIDANA KORUPSI: SOLUSI ATAU KEMUNDURAN HUKUM DI INDONESIA Hasibuan, Lawali
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.1053

Abstract

The government's discourse in terms of granting pardons for corrupt crimes has generated a lot of controversy among the public and legal experts in Indonesia whether this democracy has experienced a legal setback because this pardon is not clearly and in detail regulated in Law Number 21 of 2001 concerning Eradication of Corruption Crimes because corruption has a different pattern from other criminal offences because criminal offences must be adjusted to the character of the crime. The research method used is normative juridical law or legal research library (search library), by analysing literature or secondary data that is relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the forgiveness of corruption crimes regulated in Law Number 21 of 2011 concerning Corruption Crimes with data collection methods through document studies. The results of the study indicate that the pardon of corruption crimes regulated in the TIPIKOR Law is not effective and does not provide legal certainty to be implemented by law enforcement officials because there is no detailed law that regulates guardianship by paying or compensation for corruption crimes that harm state finances. Even if this is implemented by the government, it will experience a setback in democracy in the field of law enforcement and many people will carry out corruption with the assumption that criminal acts can be replaced by fines or refunds for corruption crimes committed.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENIPUAN YANG DILAKUKAN MELALUI MEDIA ELEKTRONIK (Studi Kasus Putusan Nomor 2378/Pid.Sus/2023/PN.Mdn): Studi Kasus Putusan Nomor 2378/Pid.Sus/2023/PN.Mdn Lubis, Dahlia Hawani
Jurnal Perspektif Hukum Vol. 5 No. 1 (2024): Juni 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.1058

Abstract

The crime of fraud committed online is specifically regulated in Law Number 19 of 2016 concerning Amendments to Law 11 of 2008 concerning Electronic Information and Transactions which implicitly contains elements that are almost the same as the crime of fraud which is generally regulated in Article 378 of the Criminal Code (KUHP). This study aims to determine the application of criminal law to cases of criminal acts of fraud through electronic media and to determine the judge's consideration in handing down a verdict in Case No. 2378/Pid.Sus/2023/PN.Mdn. This type of research is normative juridical research that uses normative case studies in the form of legal behavior products, for example examining laws. This research was conducted at the Medan City Special Class IA District Court. The results of this study indicate that based on the Decision in case Number 2378/Pid.Sus/2023/PN.Mdn, the author concludes that the defendant was found guilty of committing an ITE crime which is generally a case of fraud. The article charged by the Public Prosecutor, namely Article 45A paragraph (1) Jo Article 28 paragraph (1) of Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning ITE, has fulfilled all of its elements based on legal facts both through witness testimony, defendant testimony, and evidence and the application of criminal law in Decision Number 2378/Pid.Sus/2023/PN.Mdn is appropriate and in accordance with regulations.
ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENEBANGAN LIAR HUTAN PRODUKSI ALUR LEBAH DI KABUPATEN LANGKAT (Studi Kasus Putusan Pengadilan Negeri Stabat No. 107/Pid.B/LH/2021 /PN STB): Studi Kasus Putusan Pengadilan Negeri Stabat No. 107/Pid.B/LH/2021 /PN STB Nabila, Raihan
Jurnal Perspektif Hukum Vol. 5 No. 1 (2024): Juni 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i1.1059

Abstract

Forests are vital natural resources that provide oxygen, habitat and maintain ecosystem balance. However, unlawful illegal logging threatens forest sustainability, causing environmental damage and significant economic losses. In Indonesia, despite regulations to tackle this practice, illegal logging remains widespread, fueled by corruption and weak law enforcement. The economic impact of illegal logging is also significant. Despite being considered an illegal activity, the trade in illegally logged timber reaches a huge value in the global market. This research aims to analyze the factors that influence illegal logging and its impacts, especially through Supreme Court case Number 107/Pid.B/LH/2021. The research method used is a normative and analytical approach, using data obtained from literature studies, analysis of legal documents, and review of court decisions. Primary sources included laws and court decisions, while secondary sources included academic literature and research reports. Qualitative methods were used to explore in-depth perspectives on the impacts of illegal logging. The results confirm that illegal logging has far-reaching impacts on the environment and society. As stipulated in Law No. 18/2013 on Illegal Logging, stricter law enforcement, strengthened regulations, as well as increased public awareness are needed to tackle this illegal practice, so that the sustainability of forest ecosystems and natural resource management can be maintained.

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