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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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PENYELESAIAN KASUS PERZINAHAN SECARA HUKUM ADAT NIAS DI DESA OLANORI Sadarman Ndruru
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Aldutery is one of the cruel that committed by a man and a woman that one of them had got married both of a man as well a women. One of the solution forms of the aldutery case in Olanori village is customary law settlement. At the completion of the case, a penalty was imposed on the perpetrator of adultery in the amount of 5,000,000. (Five millions rupiah) and a pig lima alisi. The society chooses a settlement based on the customary law because they are more concerned with a sense of kinship and a sense of togetherness in which to maintain the cohesiveness of society which has been passed down from generation to generation. In the society, many cases are resolvedaccording to custom which one of them is the case of adultery. The kind of research was used is sociological law research with the descriptive approach. The data was used is the primary data and secondary data. Then, analyzed through qualitative method, and drawing conclusion by deductive. Based on the findings and discussion of the research, can be concluded that the settlement of adultery cases according to Nias customary law in Olanori village is carried out by consensus deliberation through the mediation of the parties carried out by traditional, religious, government (village apparatus) leader by negotiating the problems that happened. If an agreement has reached, the perpetrator of adultery is subject to customary sanctions. Related withthis case, the perpetrators of adultery are subject to financial penalties of 5,000,000. (fivemillion rupiahs), 1 pig (5 alisi). It aimsto prevent a commotion from occurring. The writer suggests so the customary law provisions must be made in writing in the form of village regulations, so that there is certainly of punishment for the people who violate the customary law itself. And, so a village customary institution (LAD)plays an active role on resolving the same case
PERAN INSPEKTORAT DAERAH KABUPATEN NIAS SELATAN DALAM MELAKUKAN PENGAWASAN PENGELOLAAN KEUANGAN DESA Sama Daya Ndruru
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Village financial management is carried out by the village government, in managing village finances there is misuse or not on target. So with that in mind the Regional Inspectorate of South Nias Regency has a very important role in overseeing the management of village finances managed by the village head. To overcomen this problem, the Regional Inspectorate carries out activities in the from of reviews, monitoring, evaluation, Inspektions and other supervision. In accordance with Articel 6 of the Regulation of the Minister of Home Affairs Number 73 of 2020 concerning supervision of Village Financial Management This type of research is sociological law or it can be called empirical research which is research to find theories about existing processes in the field, which examines the applicable legal provisions and what happens in reality in society. So researchers are trying to examine the facts that exist in society with the intention of knowing how thw role of the Inspectorateis canrried out in supervising village financial management. The infrastructure of the South Nias District Inspectorate is inadequate, resulting in limittantios in carrying out village Financial management supervision activities, with a total of 459 village and 35 sub-districts in South nias district. With that, the researcher suggests to the South Nias Regency Government to pay attention, so that supervision of village Financial management goes according to existing regulations
ANALISIS iYURIDIS iKEWENANGAN iKEPALA iDESA iDALAM PEMBERHENTIAN PERANGKAT DESA (Studi Putusan Nomor 75/G/2020/PTUN.Sby) Selestinus Baene
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Village apparatus is a staff member who assists the village secretariat, and elements supporting the village head’s duties in carrying out policies that are organized in the form of implementation and regional elements. The Surabaya State Aministrative court, namely decision number 75/G/2020/PTUN.Sby. in this decision, the devendant is required to rehabilitate, restore the dignity of the plaintiffs and punish the defendant to pay the costs of the case jointly and severally in the amount of Rp. 382,000,- (three hundred eighty two thousand rupiah). The type of research used is normative legal research with statutory regulations, case approaches and analytical approaches. The data analysis used was descriptive qualitative data analysis and conclusions were drawn using the deductive method. Based on the research findings and discussion, it can be concluded that the judge’s decision in imposing a sentence on the defendant (decision number 75/G/2020/PTUN.Sby) is unfair where the defendant’s actions are not comparable to the required sentence. The defendandt should also be obliged to pay what is the right of the plaintiffs during their dismissal as village officials. The author suggests that the panel of judges who examined and decided on cases of dismissal of village officials to be more careful in imposing punishments commensurate with the actions of the defendandt against the plaintiff
PERTIMBANGAN HAKIM DALAM PUTUSAN PEMIDANAAN KEPADA PELAKU TINDAK PIDANA TURUT SERTA MELAKUKAN PENGANIAYAAN (Studi Putusan Nomor 506/Pid.B/2007/PN.Trt) Sokhiatulo Buulolo
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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The crime of molestation is a criminal act that intentionally causes pain to others, causes injuries to other people's bodies, and harms the health of others. One of the persecution cases examined and tried by the Tarurung District Court is decision number 506/Pid.B/2007/PN.Trt. In that decision, the defendant was sentenced to acquittal for allegedly violating the provisions in Article 170 paragraph (1) of the Criminal Code and Article 351 paragraph (1) of the Criminal Code Juncto Article 55 paragraph (1) 1e of the Criminal Code. This research was conducted using normative legal research with a statutory approach, a case approach, and an analytical approach. Data collection techniques using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis used is qualitative data analysis by describing all secondary data in descriptive form. Based on the findings of the research and discussion, the authors can conclude that what is considered by the judge to give an acquittal to the defendant is the indictment of Article 170 paragraph (1) as a primary indictment that has one element that is not legally and convincingly proven in the evidence process in the trial. The judge stated that the defendant was found guilty of committing the acts as stated in Article 351 paragraph (1) of the Criminal Code and sentenced to imprisonment for 5 (five) months, but the sentence did not need to be served because in the trial process both parties had reconciled and forgave each other in the trial. . Researchers suggest that law enforcers in carrying out their duties in creating justice do not prioritize the existence of separate institutions, because basically the purpose of law is to create order and peace in the midst of society and readers (academics) and moreover to the community so as not to commit acts of judges themselves to To solve problems, it is better to prioritize the family process or legal channels to resolve a case
PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN KEPADA PELAKU TINDAK PIDANA PEMALSUAN SURAT (Studi Putusan Nomor 2573/Pid.B/2021/PN.Mdn) Weni Sartika Putri Wahyuni Loi
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Forgery is the act of changing/imitating by using deception so that it resembles the original. One of the crimes of forgery of letters that has been examined and tried by the Supreme Court is decision number 2573/Pid.B/2021/PN.Mdn. In that decision, the perpetrator was sentenced to 6 (six) months in prison for violating Article 263 paragraph 1 in conjunction with Article 56 paragraph 2 of the Criminal Code. The type of research used by the author is normative research using the statutory approach, case method, and analytical approach. Data collection was carried out using secondary data obtained through library materials consisting of primary legal materials and secondary materials. The data analysis used is descriptive qualitative analysis and the conclusion is drawn using the deductive method. Based on the findings of the research and discussion, it can be concluded that the judge's considerations in imposing sentences to the perpetrators of the crime of forgery consist of juridical and non-juridical judges' considerations, the judge sentenced him to 6 (six) months in prison for violating Article 263 paragraph (1) paragraph Jo Article 56 paragraph (2) of the Criminal Code. Based on the judge's juridical considerations, the factors revealed in court, the defendant's actions have been proven and convincingly committed the act of forging letters. Where the defendant is an employee of PT. Capella Medan by giving a sentence of 6 (six) months in prison. Meanwhile, in the non-juridical consideration of the judge, there are things that are aggravating the actions of the defendant to cause harm to PT. Capella Medan while in mitigating those attached to the defendant. The author suggests that judges in examining, adjudicating in deciding a criminal case are expected to be more careful in imposing punishments on the perpetrators of the crime of forgery of letters in order to provide or create justice, certainty, and benefit with the applicable rules, to provide a deterrent effect for not committing acts. law enforcement again
EFEKTIVITAS PENYELESAIAN TINDAK PIDANA PERZINAHAN YANG DILAKUKAN SECARA HUKUM ADAT Fikarman Bawamenewi
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Adultery is intercourse between a man and a woman who are not bound by marriage or marriage. The crime of adultery is an act that cannot be committed by anyone for any reason. One of the criminal acts of adultery that occurred in Hilisao'oto Village was resolved according to custom, the perpetrator was sentenced to a customary sanction, namely a fine of Rp. 3,000,000.00 and 2 pigs. In the settlement of adultery cases, especially in Hilisao'oto Village, Sidua'ori District, South Nias Regency, they still go through a customary deliberation process where the settlement method is carried out based on the absolute decision of the parties concerned, starting from the customary elders, community leaders and village officials. The type of research used is a type of sociological research with an empirical method that examines and analyzes individual legal actors and community groups in relation to the law. The data analysis used was descriptive qualitative data analysis and conclusions were drawn using the deductive method. Based on the research findings and discussion, it can be concluded that the effectiveness of the settlement was proven by the absence of objections from both parties so far, in this settlement the victim also promised not to object to the perpetrator at a later time. The author suggests that in this case the policy makers in Hilisao'oto Village are more burdensome in fines and sanctions for each perpetrator of the crime of adultery, more specifically in terms of financial fines so as to be able to provide a deterrent effect for every perpetrator of the crime of adultery that applies in Hilisao'oto Village. Customary law provisions must be made in writing in the form of village regulations so that there is certainty of punishment for each perpetrator of the crime of adultery
PERTANGGUNGJAWABAN KREDITUR ATAS HILANGNYA BARANG JAMINAN (STUDI DI KSP3 NIAS CABANG LAHUSA) Rahmat Syukur Hulu
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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A creditor is a party that has a bill to another party for the property or services it provides where it is agreed that the second party will return property of the same value or service. The type of research used is a type of sociological legal research in the form of empirical studies to find theories regarding the working process of contract law. This type of research is also called field research, which examines the applicable legal provisions and what happens in reality in society. In conducting this research, the data needed are primary data obtained from observations, interviews and document studies. In collecting data, the authors obtain primary data directly from the field, from the community, and/or legal entities. The data analysis used is qualitative analysis, the data obtained is then compiled to achieve clarity of the problem to be discussed and the results are set forth in the form of a description. Based on the research findings and discussion, it can be concluded that the Creditor's Responsibility for Loss of Collateral in the KSP3 Nias Study Lahusa Branch is the responsibility of the creditor for the loss of collateral in KSP3, namely the KSP3 Nias Lahusa Branch is responsible for the loss of collateral submitted by a member or customer as the collateral for the loan is in the form of a land certificate, the responsibility of KSP3 Nias Lahusa Branch by replacing the collateral. In this case, all administrative matters related to the management of the new collateral are accounted for by the KSP3 Nias Lahusa Branch. The author suggests that KSP3 Nias Lahusa Branch be even more careful in carrying out work, and store collateral items safely so that members/customers do not feel disadvantaged
PEMIDANAAN TERHADAP PELAKU MANIPULASI INFORMASI DOKUMEN ELEKTRONIK SECARA BERLANJUT (Studi Putusan Nomor 242/Pid.Sus/2020/PN Tbt) FARISMAN AMAZIHONO
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Along with the increasingly widespread utilization and use of electronic information and transactions, it is like a double-edged sword, because in addition to contributing to increasing human welfare, progress and civilization, it is also an effective means of acting against the law. As in the conventional world which is full of legal problems, cybersurfers are also increasingly seeing legal problems in the world of cyberspace (cyberspace). For this reason, humans want to know about cyber-related crime through research, while the research used is normative legal research with statutory approach methods, case approach methods and analytical approach methods. In this study, data collection was carried out using secondary data obtained through library materials consisting of primary legal materials, secondary and tertiary legal materials. The data analysis used was qualitative data analysis and conclusions were drawn using the deductive method. Based on the results of the research findings and discussion, it can be concluded that the sentencing of the perpetrators of manipulating electronic document information continues through the study of decision number 242/Pid.Sus/2020/PN TBT, by the judge in his decision sentenced the defendant to imprisonment for 1 (one) year year and 2 (two) months. According to the author of the sentence given to the defendant by the judge there is no deterrent effect which can make the offender feel guilty and it is possible that in the future he will commit the same act because he feels that the sentence given is still relatively light, bearing in mind that one of the goals of punishment is to deter people from people who have committed crimes By obeying and enforcing the law properly, it can create order and regularity in society
PENJATUHAN PIDANA PENJARA KEPADA ANAK DI BAWAH UMUR YANG MEMBANTU TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 5/Pid.Sus.Anak/2014/PN.Siak) Fransiskus Friska Buulolo
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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As for the background of the problem in this study, namely that minors were charged, prosecuted, and sentenced to commit premeditated murder as stipulated in Article 340 of the Criminal Code, while children did not know they were involved in the process of the intended act, where the child was only invited by the two other actors to fishing. The perpetrator's mistake did not report to the authorities or to the perpetrator's parents. Based on this background, the researcher formulates a research problem, namely how to impose prison sentences on minors who assist in the crime of premeditated murder. This study aims to find out and understand how imprisonment for minors assists in the crime of premeditated murder. The type of research used is normative legal research using secondary data. In the research findings it is known that the perpetrator was charged and prosecuted under Article 340 of the Criminal Code with a penalty of 9 years in prison. After the verification process in court, the panel of judges sentenced the perpetrator to 10 years in prison. Based on the research findings and discussion, the researcher can conclude that the judge punished the perpetrator for violating the provisions in Article 340 of the Criminal Code with a prison sentence of 10 years. The results of the analysis of the decision used, the researcher found irregularities in imposing a sentence on the perpetrator, namely the condition of the perpetrator in the case was not classified as an act of premeditated murder and/or participating in the criminal act, because he was only invited to fish by other actors without knowing the goals and intentions of other perpetrators. The perpetrator's mistake was only because he did not report the criminal act to the authorities, but the panel of judges did not consider the psychological factors of the perpetrator who was still underage. The suggestions for this research are that in examining and adjudicating children who are in conflict with the law, they should not only focus on the application of applicable law, but also consider juridical, non-juridical and child psychology in order to provide certainty about the application of the law to minors
AKIBAT HUKUM PERKAWINAN KEPADA ANAK YANG TIDAK DICATATKAN Yugos Novia Hulu
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Almighty God. Marriage must be registered in the civil registry based on Law Number 1 of 1974 concerning Marriage. Based on Article 2 paragraph (1) and (2) of Law Number 1 of 1974 concerning Marriage. Paragraph (1) stipulates that marriage is valid if it is carried out according to the laws of each religion and belief. Paragraph (2) determines that each marriage is recorded according to the applicable laws and regulations. From this article it can be understood that marriages that are not registered in the civil registry are declared invalid in the eyes of the law even though the marriage has been registered according to their respective religions and beliefs. The type of research used in this study is sociological legal research using the applicable laws and regulations approach. Data collection was carried out by interviews and accurate document studies. The data analysis used was descriptive qualitative analysis and conclusions were drawn using the deductive method. Based on the research findings and discussion, it can be concluded that the Department of Population and Civil Registration has tried to socialize the importance of registering marriages at the sub-district level and several churches in South Nias Regency. The author suggests that the Head of Dukcapil and the party responsible for Civil Registration should socialize the importance of Marriage Registration not only at the sub-district level or several churches but socialize it thoroughly in every village in South Nias Regency, so that all the people of South Nias Regency understand with all of the importance of registration of marriages

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