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INDONESIA
Jurnal Panah Hukum
Published by Universitas Nias Raya
ISSN : -     EISSN : 28289447     DOI : 10.57094
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Panah Hukum merupakan media diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari akademisi maupun praktisi bidang hukum di seluruh Indonesia. Jurnal Panah hukum mencakup tulisan keilmuan dari bidang hukum yaitu: hukum pidana, hukum perdata, hukum internasional, hukum transportasi, hukum lingkungan, e-commerce, hukum tata Negara, hukum adat, hukum acara, alternatif penyelesaian sengketa.
Arjuna Subject : Umum - Umum
Articles 160 Documents
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PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN KEPADA KORBAN PEMBUNUHAN DITINJAU DARI ASPEK KEADILAN HUKUM Wau, Sesilia Selnika
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1578

Abstract

The aim of this research is to find out the judge's considerations in sentencing murder victims from the aspect of legal justice. The type of research used by the author is normative legal research using the Legislative Regulations approach, case method, analytical approach. Normative law is a type of legal research that places law as a system that studies and uses secondary data. Data collection was carried out using secondary data, which was obtained through library materials consisting of primary legal materials and secondary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that in his consideration the judge was negligent and/or did not take into account the interests of the victim in implementing legal justice, in this decision using Article 351 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code that if violence This causes abuse which results in death with a maximum prison sentence of 7 (seven) years. However, according to the author's analysis, if we look at the chronology, there is an element of planning.
PENERAPAN PIDANA DENDA MELEBIHI ANCAMA MAKSIMUM PADA TINDAK PIDAN PENCABULAN ANAK Zagoto, Petrus
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1593

Abstract

Based on the background of this problem, the problem formulation in this research is how to impose a fine that exceeds the maximum threat for the crime of child molestation (Decision Study Number 8/Pid.Sus/2021/Pn.Jap). The type of research used in this research is normative legal research using a statutory regulation approach, case approach, and analytical approach by collecting secondary data consisting of primary legal material, secondary legal material, and tertiary legal material. Qualitative data analysis, namely secondary data obtained from research results, is arranged descriptively, logically and systematically, and conclusions are drawn using inductive methods. Based on the research findings and discussion, it can be concluded that the application of a fine exceeding the maximum threat for the crime of child molestation (decision study number 8/Pid.Sus/2021/PN.Jap) is not legally justified because it does not provide a sense of justice to the defendant so that violates the principles of the rule of law where in article 82 paragraph 1 of the child protection law the penalty is limited to a fine of Rp. 60,000 Million – Rp. 300,000 Million. However, in the judge's decision, he gave a higher award, namely Rp. 800,000 million thereby violating applicable statutory provisions. The author's suggestions are; (1) Judges should be more careful in deciding cases because Indonesia is a rule of law country. (2) Imposing a sentence that is not in accordance with the rules is an indication of a violation of human rights. (3) The Supreme Court or the judicial commission as a supervisor of the performance of judges should tighten supervision of judges who give sentences to people who do not comply with the applicable laws and regulations.
PELAKSANAAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ORANG DEWASA STUDI DI KEJAKSAAN NEGERI NIAS SELATAN Laia, Rahmat
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1595

Abstract

In criminal cases including the offender, victim, victim's family, and other connected parties, restorative justice emphasizes restoration to the pre-crime state rather than vengeance in an effort to find an equitable conclusion. The purpose of this study is to ascertain how the South Nias District Prosecutor's Office uses restorative justice to address abuse-related crimes committed by adult subjects. Sociological or empirical legal research is the kind that is employed; it looks at relevant legal provisions based on real-world events in a society. The primary, secondary, and tertiary data that were gathered from secondary legal texts were used in the data gathering process. Qualitative data analysis is the method employed. Analyzing qualitative data is done concurrently with the process of gathering data. The best option provided by the South Nias District Prosecutor's Office for resolving a crime in a family-friendly manner is the application of restorative justice in the resolution of criminal acts of abuse committed by adult students, according to the findings of research conducted in the area. Both sides gain from this settlement in terms of time, fines, and expenses. The Prosecutor will present both parties to give guidance and broker a settlement for its execution. If they consent, the prosecutor will sentence the offender in accordance with the terms of the agreement. Subsequently, both sides execute a formal agreement that serves as a legally enforceable commitment for both parties.
PEMIDANAAN MELEBIHI ANCAMAN MAKSIMAL PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN MATINYA ORANG Dakhi, Yufran
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1596

Abstract

The crime of abuse is a crime that can cause injuries and pain that can endanger or damage the health of the human body and limbs and even cause death. Meanwhile, abuse that results in the death of a person is an act of crime against a person's body or soul, where in formulating an act of abuse that results in death, it must be seen that the person's death was not intended, meaning that the perpetrator did not intend that the abuse he committed would result in death. To minimize these crimes from occurring, law enforcement is needed in accordance with the provisions of applicable laws and regulations with the aim of providing a deterrent effect to perpetrators of criminal acts. Based on this background, the author is interested in conducting research with the title punishment exceeding the maximum threat for criminal acts of abuse. resulting in the death of people. (study decision number 219/Pid.B/2018/PN Bgl). The type of research used is normative legal research using the statutory regulatory approach, case approach and analytical approach. Data collection was carried out using secondary data obtained through library materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that punishment exceeding the maximum threat for criminal acts of abuse which result in the death of a person (decision number 219/Pid.B/2018/PN Bgl) is based on the facts revealed at trial taking into account the juridical basis, and non-juridical, and must consider philosophical foundations. Meanwhile, in imposing a crime that exceeds the maximum threat to the perpetrator, the judge pronounces a decision that is not in accordance with the provisions of the applicable laws and regulations, where in Article 351 paragraph (3) of the Criminal Code, the maximum criminal threat limit has been determined for violations of criminal acts of abuse that result in the death of a person. The author suggests that judges in handing down decisions to perpetrators of criminal acts of abuse which result in the death of people should be based on the provisions on threats in the article which are proven at trial so as to provide a sense of justice for both the victim and the perpetrator.
TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PIDANA MATI BAGI PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA Buulolo, Balasius Basozisekhi
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1597

Abstract

The death penalty is the imposition of a crime by depriving an individual who has broken a law that stipulates that their offense is punished by death of their right to life. To get the death penalty is to take someone's life. Severe crimes will carry the death sentence; premeditated murder is one such offense that was tried by a panel of judges at the Sengeti District Court (Decision Number: 36/Pid.B/2013/PN.Snt). In this ruling, the judge determined that the defendant had been shown legally and credibly guilty of premeditated murder. imposed the death punishment on the accused. The study is titled "Judicial review of the application of capital punishment for premeditated murderers" (Decision Study Number). Normative legal research employing the statutory approach, case approach, and analytical method is the sort of study that is done. Primary, secondary, and tertiary data were used in the data gathering process. Deductive reasoning is employed to arrive at conclusions from the descriptive qualitative data analysis. Drawing on study findings and debates, it may be determined that the judges' decision to impose the death penalty was motivated by retaliation rather than serving as a deterrence for the offender. According to researchers, the application of the death sentence for those who commit premeditated murder violates both Article 9 paragraph (1) and Article 28 A of the 1945 Constitution from a legal standpoint.
PENERAPAN PEMIDANAAN KEPADA PELAKU YANG DENGAN SENGAJA TIDAK MELAPORKAN ADANYA TINDAK PIDANA NARKOTIKA Daeli, Debora Grace
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1599

Abstract

Narcotics are substances or drugs originating from plants or non-plants, both synthetic and semi-synthetic which can cause a decrease or change in consciousness, disappearance, reduction and elimination of pain and cause addiction. One of the narcotics crimes that has been examined and tried by the Jeneponto District Court is decision number 153/Pid.Sus/2019/PN.Jnp. The type of research used is normative legal research with approach methods, statutory approaches, case approaches and analytical approaches. Data collection was carried out using secondary data, which was obtained through library materials consisting of primary, secondary and tertiary legal materials. The data analysis used is descriptive quantitative data analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that the application of punishment to perpetrators who deliberately do not report a narcotics crime (decision study number 153/Pid.Sus/2019/PN.Jnp), in terms of evidence it is clear that the elements in article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, where the threat is imprisonment and a fine. However, in the decision, the judge adjudicating the case only sentenced the perpetrator to prison for 7 (seven) months in prison, without imposing a fine. The author suggests to law enforcement agencies that the Panel of Judges who examine and decide on Narcotics criminal cases should be more careful in imposing sentences imposed on perpetrators of Narcotics crimes in accordance with applicable laws and regulations.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERSANGKA DALAM PROSES PENYIDIKAN PERKARA TINDAK PIDANA PENGEROYOKAN YANG DILAKUKAN SECARA BERSAMA-SAMA Laia, Kristinus
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1603

Abstract

Legal protection is an effort to protect the government or authorities with a number of existing regulations. In this research, the problem formulation is how the law protects the rights of suspects in the process of investigating cases of criminal acts of assault which are carried out jointly (decision study 475 K/Pid/2018). Investigators violated the suspect's rights during the investigation into decision Number 475 K/Pid/2018. The type of research used is normative legal research using the statutory approach, case approach and analytical approach. Data collection was carried out using primary data, secondary data and tertiary data. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on research findings and discussions, it can be concluded that legal protection for suspects' rights has been regulated in statutory regulations in accordance with those contained in the Criminal Procedure Code contained in Articles 50-68, Law Number 39 of 1999 concerning Human Rights, Laws Law Number 48 of 2009 concerning Judicial Power and National Police Chief Regulation Number 14 of 2012 concerning Management of Criminal Investigations. In the event of a violation of a suspect's rights, especially a violation regarding not being given the right to be accompanied by a legal advisor, the investigation report report and the indictment from the public prosecutor cannot be accepted or are null and void by law. The author advises investigators in the process of investigating a case to respect and fulfill the suspect's rights in accordance with applicable regulations. Before an investigation is carried out, the investigator first informs the suspect about his rights as a suspect, so that the suspect's rights can be fulfilled legally. It is also hoped that investigators will be more professional and pay attention to article 56 of the Criminal Procedure Code regarding the obligation of a suspect to be accompanied by a legal advisor if the threat of punishment is more than five years.
ANALISIS HUKUM PUTUSAN HAKIM TERHADAP ANGGOTA KPU PANGKAJENE DAN KEPULAUAN Laia, Famati
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1630

Abstract

Violation of the code of ethics for election organizers is a violation of the ethics of election organizers which are based on oaths and/or promises before carrying out their duties as election organizers. The aim is to maintain the independence, integrity and credibility of election organizers who are independent, honest, fair, have legal certainty, orderliness, public order, openness, proportionality, accountability, efficiency and effectiveness. This has been included in Law Number 2 of 2017 concerning the Code of Ethics and Code of Conduct for General Election Organizers of the Republic of Indonesia. Thus, violations of the code of ethics committed by election organizers are inappropriate actions. In this research, the type of research used is normative legal research with a statutory regulation approach, case approach, and using secondary data obtained through secondary legal materials. Then, the data analysis used was a deductive method. Based on the results of research and discussion regarding the legal analysis of the judge's decision on members of the Pangkajene and Islands KPU (study decision number 41-PKE-DKPP/II/2023) it can be concluded that the imposition of permanent dismissal sanctions on members of the Pangkajene and Islands KPU as mentioned in Article 6 paragraph (1) and paragraph (3) letters a, c and f, Article 11, Article 12 letters a, b and c, Article 15 and Article 16 letter e, general election organizer honorary council regulation number 2 of 2017 concerning code ethics and code of conduct for general election organizers. However, the application of this law is not in accordance with Law number 2 of 2019 concerning amendments to the regulations of the honorary council for general election organizers number 3 of 2017 concerning Procedural Guidelines for the Code of Ethics for General Election Organizers. Thus, the researcher considers that imposing a permanent dismissal sanction in the case (study decision number 41-PKE-DKPP/II/2023) is inappropriate. This can make people distrust DKPP as an independent institution. For this reason, researchers hope that DKPP in deciding on violations of the code of ethics will be more thorough and in accordance with applicable laws and regulations.
DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PEMIDANAAN DI BAWAH ANCAMAN MINIMUM PADA TINDAK PIDANA NARKOTIKA Laia, Beziduhu
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1631

Abstract

Tindak Pidana Narkotika merupakan suatu perbuatan yang melanggar hukum yang terkait dengan penyalahgunaan dan peredaran obat-obatan terlarang. Putusan Nomor 73/Pid.Sus/2015/PN Btl merupakan salah satu putusan dimana hakim menjatuhkan pidana dibawah ancaman minimum. Oleh sebab itu, penelitian ini bertujuan untuk mengetahui dan menganalisis dasar pertimbangan hakim dalam penjatuhan putusan pemidanaan di bawah ancaman minimum pada tindak pidana narkotika. Penelitian ini menggunakan jenis penelitian hukum normatif dengan metode pendekatan peraturan perundang-undangan, pendekatan kasus, pendekatan perbandingan, dan pendekatan analitis dengan mengumpulkan data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Berdasarkan temuan penelitian dan pembahasan, dapat disimpulkan bahwa dasar pertimbangan hakim dalam penjatuhan putusan pemidanaan di bawah ancaman minimum pada tindak pidana narkotika pada Putusan Nomor 73/Pid.Sus/2015/PN Btl, yaitu SEMA Nomor 3 tahun 2015 tentang Pemberlakukan Rumusan Hasil Rapat Pleno Kamar Mahkamah Agung Tahun 2015 Sebagai Pedoman Pelaksanaan Tugas Bagi Pengadilan, khususnya pada bagian A angka 1. Hakim mendapatkan fakta hukum yang terungkap dalam persidangan bahwa terdakwa membeli narkotika tersebut di untuk dipakai bagi diri sendiri. Penulis menyarankan dalam menjatuhkan pidana, penting bagi hakim untuk memiliki parameter yang jelas. Parameter ini akan menentukan sejauh mana hakim dapat menggunakan kebebasannya dan hati nuraninya dalam menjatuhkan hukuman.
MEKANISME PEMBAGIAN HARTA BERSAMA BERDASARKAN HUKUM ADAT DI DESA BAWOMATALUO SETELAH TERJADINYA PERCERAIAN Wau, David Kristian
Jurnal Panah Hukum Vol 4 No 2 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jph.v4i2.1637

Abstract

Humans were created in general by God that humans are actually living social creatures. interact with each other. Humans themselves cannot live their lives alone, they. still need other people, because in general every human being needs other human beings to live together. The smallest form of humans living together by forming a family. The research aims to find out and explain the mechanism for dividing joint assets based on customary law in Bawomataluo Village after a divorce occurs. The type of research used is sociological legal research. Sociological legal research is legal research in the form of empirical studies to discover the application and truth of law in society. The aim of sociological legal research is to find information about something that happened. The type of approach used is descriptive using initial data as a comparison. The data collection technique is library research. This research data analysis is a descriptive research specification, which means research that aims to describe research about something that is valid at a certain time. Based on the research findings and discussion in the research, the researcher can conclude that regarding the distribution of joint property which has been carried out according to customary law and is very clear. states that the distribution of assets is carried out equally, fairly and fairly, with each half of the share. Thus, both the sumai and the wife must carry out customary law decisions voluntarily. However, if both parties are not satisfied with the results of the decision regarding the division of joint assets, then both parties can file a lawsuit in court. State as a legal remedy because there is no agreement. With this, from the legal consequences that occur after. division of joint assets, after completing the division of assets, the legal consequence is that the joint assets will become legal and rightfully belong to each party. In this way, both the ex-husband and wife can use the item again.

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