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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 PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM KEPADA PELAKU TINDAK PIDANA PENGRUSAKAN SECARA BERSAMA-SAMA Giawa, Kaima
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.v4i2.1662

Abstract

Criminal trespass is breaking the law and damaging someone else's property or property. A decision to find a defendant not guilty of all charges is a judicial decision that the defendant's actions did not constitute a crime. Resolution No. 404/Pid.B/2018/PN Pbr is one of the resolutions in which the accused was acquitted of all charges. Therefore, the aim of this study is to know and analyze the reasoning of the judges when deciding whether to drop all legal charges against the authors. This study collected secondary data including primary legal data, secondary legal data and third legal data and used the traditional legal research method which uses legal legal approach, case approach and analytical approach. Based on the observations and discussions, it can be concluded that the judges took into account the decision to jointly formulate all legal charges against the perpetrators of the crime (Decision No. 404/Pid.B /2018/PN Pbr). ) in relation to article 170.1. A witness Hendry Liberty. The couple claimed to own the land where the crime took place, and the accused and witnesses were able to prove this with land ownership certificates from both parties. The authors suggest that law enforcement officials, especially prosecutors, should pay more attention or investigate more deeply the cases they handle to avoid confusing the judge by dismissing all charges against the accused judge.
PEMIDANAAN TERHADAP ANAK DALAM TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK Halawa, Fikani
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.v4i2.1663

Abstract

Conviction is the punishment of a person who has been legally determined and proven guilty of a crime through the criminal justice process. Promiscuity is sexual intercourse between a man and a woman through the insertion of the male's genes into the female's genes. Decision No. 10/Pid.Sus-Anak/2023/PN. Tbt is a decision by a judge who sentences the suspect to prison. Therefore, the purpose of this study is to determine and analyze whether children are punished for sexual crimes against minors. This research collected secondary data, including primary legal data, secondary legal data and third legal data, and used the normative legal research method that uses legal approach, case approach and analysis. Based on the results of the investigations and discussions, it can be concluded that if the offender and the victim are under 18 years of age, the penalty or punishment for minors should be considered in the Juvenile Act for children on 11, 2012. SPPA, they can be prosecuted ​for his crimes. What is he doing? The punishment is imprisonment and job training.
PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA DENDA PADA TINDAK PIDANA ILLEGAL FISHING Laia, Yudisa
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.v4i2.1664

Abstract

Any type of fishing activity that breaches the Law on Fisheries' requirements as well as other rules and regulations still in effect in this republic is considered illegal fishing. Decision Number: 34/Pid.Sus-Prk/2017/PN.Ran was one of the unlawful fishing offenses that a panel of judges at the Ranai District Court tried. In this ruling, the judge determined that the defendant had been shown legally and credibly guilty of engaging in illicit fishing. The study, which is part of Decision Study Number 34/PID.SUS-PRK/2017/PN.RAN, is titled The Judge's Consideration of the Criminal Act of Illegal Fishing Committed by Foreign Citizens. 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. The offender was sentenced to a fine of Rp. 500,000,000 (five hundred million rupiah) by the court, who based his decision on study findings and discussion. If the fine is not paid, a reduced punishment of 4 (four) months would be imposed instead. Researchers' analysis, however, indicates that this sentence is insufficient to deter the offender; instead, the judge should impose a fine and imprisonment commensurate with the charges against the offender in order to deter future crimes and discourage those in other nations from committing the same offense. carry out the same action.
ANALISIS PERTANGGUNGJAWABAN PIDANA OLEH ANAK YANG MELAKUKAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DITINJAU DARI ASPEK KEMANFAAATAN HUKUM Fatemaluo, Kartini
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.v4i2.1668

Abstract

The crime of sexual immorality is an unlawful act committed by a man against a woman with violence or threats of violence that does not have a legal relationship. This criminal act of sexual immorality was committed by a child against a child which had a negative impact which was tried by a panel of judges at the Sumenep District Court, namely Decision Number: 6/Pid.Sus-Anak/2017/PN Smp, In this decision the Judge decided that the defendant was legally proven and convicted of committing a criminal act by intentionally committing violence, forcing a child to have sexual intercourse with him. Sentenced to prison for 3 years and 6 months for job training at the Sumenep work center. This research is entitled analysis of criminal responsibility by children who commit criminal acts of sexual abuse against children in terms of the legal benefit aspect (Decision Study Number 6/Pid.Sus-Anak/2017/PN Smp). The type of research used is normative legal research using the statutory approach, case approach and analytical approach. Data collection was carried out using secondary data through 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 the prison sentence of 3 years and 6 months work training for the defendant does not have a legal beneficial impact on the victim who has become a victim of violence and has even given birth to a child from the defendant's actions, the judge did not pay attention to the principle of legal benefit. This is so that it is accepted by victims and the community, where the hope for law enforcement in Indonesia is carried out not only by paying attention to the legal aspects but also to social aspects that can be accepted and felt by victims or the community, such as providing restitution and recovery. Researchers are of the opinion that it is better to punish perpetrators of this crime by paying more attention to aspects of benefit for child victims, not just providing a deterrent effect or legal retaliation against the defendant.
ANALISIS YURIDIS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA GOLONGAN I BUKAN TANAMAN Telaumbanua, Yarioni 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.v4i2.1669

Abstract

Narcotics refer to substances or drugs derived from either plant or non-plant sources, including synthetic or semi-synthetic compounds, which induce decreased consciousness, loss of taste, pain reduction or elimination, and potential dependency in users. Although Law Number 35 of 2009 concerning Narcotics has categorized narcotics into several groups and has regulated the issue of narcotics, crimes associated with narcotics remain prevalent. The objective of this study is to conduct a juridical analysis of the punishment imposed on perpetrators of class I non-plant narcotics crimes. The research methodology employed is normative research, which involves examining library materials, also known as library research. Secondary data sources, encompassing primary legal materials, secondary legal materials, and tertiary legal materials, were utilized for this study to acquire relevant theories, concepts, legal principles, and regulations. Based on the research findings and subsequent discussion, it can be inferred that the judge's decision to sentence the accused perpetrator of narcotics abuse (Study Decision Number 79/Pid.Sus/2023/PN Gst) to prison was deemed incorrect. This discrepancy arises from the fact that the panel of judges failed to consider Article 103 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics, which mandates the decision to order treatment and/or rehabilitation for the individual concerned if proven guilty of committing a narcotics crime.
PUTUSAN PEMIDANAAN TERHADAP ANGGOTA MILITER YANG MELAKUKAN TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENYEBABKAN ORANG LAIN MENINGGAL DUNIA Ndruru, Damai Selamat
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.v4i2.1732

Abstract

An event that results in damage when a motor vehicle collides with another item is called a traffic accident. These mishaps can occasionally cause harm or even death to people or animals. A panel of judges at the Military Court I-05 Pontianak is trying one of the criminal actions related to a traffic accident that results in the death of another person; this case is represented by Decision Number 23-K/PM I-05/AD/IV/2017. In this ruling, the judge found that the defendant had been legally and persuasively shown guilty of operating a motor vehicle negligently, which caused a collision that claimed another person's life. The defendant was given a seven-month jail sentence. The study judgment number 23-K/PM I-05/AD/IV/2017 is titled "Criminal decisions for military members who commit criminal acts in traffic accidents that cause other people to die." 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. The military member should not have been penalized despite the fact that his conduct met the requirements of a criminal crime under Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation, according to the study findings and debate. Since the issue has been settled peacefully or restoratively, as indicated by the chronology of the case and witness testimony, the issue that is presently before trial must be dismissed.
PENJATUHAN PUTUSAN PEMIDANAAN TERHADAP TINDAK PIDANA MENGAKIBATKAN BAHAYA MAUT KEPADA ORANG LAIN Esnidar
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.v4i2.1741

Abstract

Kejahatan ialah suatu perbuatan yang melanggar hukum pidana atau undang-undang yang berlaku pada warga. Hakikatnya, suatu perbuatan yg melanggar aturan pidana atau undang-undang yang berlaku pada suatu masyarakat ialah suatu perbuatan yg sangat merugikan masyarakat yg bersangkutan. salah satu tindak pidana kejahatan yg sudah diperiksa dan diadili oleh Pengadilan Negeri Rantauparapat yakni putusan nomor 452/Pid.B/2022/PN.Rap. di putusan tadi majelis hakim menjatuhkan hukuman pada pelaku menggunakan pidana penjara selama 6 tahun sebab diyakini secarah legal bahwa pelaku melanggar Pasal 187 ayat (dua) kitab undang-undang hukum pidana. Jenis penelitian yg dipergunakan ialah penelitian hukum normatif menggunakan metode pendekatan yakni pendekatan peraturan perundang-undangan, pendekatan masalah serta pendekatan analitis. Pengumpulan data dilakukan memakai data sekunder yang diperoleh melalui bahan pustaka yg berasal bahan aturan utama, bahan sekunder dan bahan tersier. Analisis data yang digunakan artinya kualitatif yg bersifat deskriptif serta penarikan kesimpulan dilakukan menggunakan metode dedukatif. Sesuai temuan penelitian serta pembahasan, maka bisa disimpulkan bahwa penjatuhan putusan pemidanaan terhadap pelaku tindak pidana kejahatan menyebabkan bahaya maut pada orang lain di putusan (studi putusan nomor 452/Pid.B/2022/PN.Rap.) bahwa penjatuhan hukuman sebagaimana putusan hakim menjatuhi eksekusi sesuai pada Pasal 187 ayat (2) KUHP dengan pidana penjara 6 tahun adalah putusan yang tidak tepat, karena bardasarkan fakta dalam persidangan bahwa perbuatan terdakwa bukan tindak pidana yang hanya mendatangkan bahaya bagi orang lain namun perbuatan terdakwa telah mengakibatkan seorang mati. sebagai akibatnya perbuatan terdakwa lebih tepat diatur pada Pasal 187 ayat (3) KUHP dengan pidana penjara seumur hidup atau selama-lamanya 20 tahun. Penulis menyarankan supaya hakim serta Jaksa Penuntut umum wajib lebih teliti dan memperhatikan setiap tindakan mana yg telah dilanggar pelaku tidak pidana supaya pada memidanakan pelaku sinkron menggunakan perbuatannya.
ANALISIS YURIDIS PUTUSAN PEMIDANAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN YANG MENGAKIBATKAN MATI Waruwu, Yustinus Yustus
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.v4i2.1743

Abstract

The crime of theft with violence is a criminal act of taking or moving goods without the knowledge and permission of the owner which is preceded, accompanied or followed by violence with the intention of achieving the goal committed. One of the crimes of theft with violence which results in death is tried by a panel of judges. Tarakan district court namely Decision Number: 342/Pid.B/2021/PN.Tar). In this decision the judge decided that the defendant was legally and convincingly proven guilty of committing the crime of theft with violence which resulted in death. Sentenced the defendant to prison for 8 (eight) years. 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 the research findings and discussion, it can be concluded that the juridical analysis of the punishment decision for the crime of theft with violence resulting in death (Study Decision Number 342/Pid.B/2021/PN Tar). That Article 365 paragraph (3) of the Criminal Code as imposed on the perpetrator is not appropriate and does not provide a deterrent effect on the perpetrator. As we can see, the consequences of his actions caused huge losses to the victim's family which resulted in the victim's death. The judge should have decided to sentence the defendant to prison for 12 (twelve) years in accordance with the demands of the public prosecutor.
ANALISIS HUKUM TERHADAP PERTIMBANGAN HAKIM DALAM MENJATUHKAN HUKUMAN PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG MENGAKIBATKAN LUKA BERAT Ndruru, Rini Putri
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.v4i2.1769

Abstract

If a family member is both the perpetrator and victim of domestic violence, then this is considered a form of domestic violence that occurs in the home. Those who are mothers, fathers, husbands, partners, or even domestic workers can become victims of domestic violence. 992 K/Pid.Sus/2017 is the Supreme Court case number for one of the domestic violence cases being investigated and tried. Because he was accused of violating Article 44 paragraph (2) of Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence, the perpetrator was sentenced to one year in prison. The statutory approach, case approach, comparative approach, and analytical methods are all used in this type of normative legal research. Secondary data obtained from library sources, including primary and secondary law books, was used to collect data. Deductive reasoning is used to arrive at conclusions from qualitative descriptive data analysis. Based on a review of the research findings and discussion, it was concluded that the judge's consideration of Article 351 paragraph (2) which reads, "If the act results in serious injury, the guilty person is threatened with a maximum prison sentence of five years." “—if imposing punishment on perpetrators of domestic violence (study decision number 992 K/Pid.Sus/2017) is appropriate. The author argues that in deciding a criminal case, the panel of judges must be more careful in ensuring that the punishment imposed on the offender is in accordance with applicable law.
PENJATUHAN SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DITINJAU DARI UNDANG-UNDANG NOMOR 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA Buulolo, Alinus
Jurnal Panah Hukum Vol 4 No 1 (2025): Jurnal Panah Hukum
Publisher : LPPM Universitas Nias Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57094/jphukum.v4i1.2028

Abstract

The issue with this research is that it violates human rights to execute criminals, so the death penalty is inappropriate as a form of punishment. The purpose of this study is to ascertain whether the death sentence should be applied to those who commit premeditated murder in accordance with Human Rights Law Number 39 of 1999. Normative legal research is the kind of study that this is. The findings of the study demonstrate that everyone has an inalienable right to life and existence. The rights of others also place restrictions on these rights. Because essentially crimes against humanity and genocide are considered severe crimes that are punishable by death in Human Rights Courts under Article 7 of Law Number 26 of 2000 concerning Human Rights Courts. The defendant, Musliadi Kataren Als Musli Bin Banta Kataren, was given the death punishment because of his conduct, which included premeditated murder of three victims. The researcher makes the following recommendations: 1) If Indonesia continues to desire to include the death penalty in its positive legislation, it is hoped that a special rule will be created that unequivocally validates the application of the death penalty for a number of exceptional offenses in Indonesia. Hopefully, in the future, this won't lead to debates between specialists, human rights advocates, and 2) It is envisaged that the death penalty in Indonesia will no longer be a fundamental crime but rather an alternate punishment used for exceptional offenses with the writing of the new Criminal Code.

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