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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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ANALISIS YURIDIS TERHADAP PELAKU ABORSI DITINJAU DARI UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Kurniahati Hulu
Jurnal Panah Hukum Vol 2 No 1 (2023): Jurnal Panah Hukum
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Abortion is a form of crime against the lives of unborn babies. This is done because there are two things, namely the desire of the woman who is pregnant because of a problem which is an indication of a medis emergency or because it is the wish of a certain party due to the disgrace of an unwanted pregnancy. In this study, the authors summarize one formulation of the problem, namely how the juridical analysis of abortion actors is viewed from Law Number 36 of 2009 concerning Health. This study aims to find out and understand how the position of criminal law is regarding the crime of abortion when viewed from Law Number 36 of 2009 concerning Health. The type of research conducted is normative legal research with data collection techniques using secondary data consisting of primary, secondary and tertiary legal materials. Data analysis used in this study used qualitative data analysis to produce descriptive data. Based on the research findings and discussion, it can be concluded that the act of abortion is a prohibition in health practice. However, in certain circumstances the act of abortion can be legalized in accordance with the provisions in Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health. The act of abortion can be said to be a crime if in that person there is an element of intention to have an abortion. Someone who intentionally has an abortion other than a medical emergency and a victim of rape can be subject to criminal sanctions as stipulated in Article 194 of the Health Law. As for the author's suggestion, namely that women should take better care of themselves to avoid early pregnancies or get pregnant out of wedlock, so that it does not lead to thoughts of having an abortion and the public knows about legal sanctions when someone commits an illegal abortion
ANALISIS HUKUM TERHADAP PENJATUHAN HUKUMAN KEPADA PELAKU TINDAK PIDANA PENGANIAYAAN BERAT (Studi Putusan Nomor 44/PID.B/2018/PN.GST Angelama Lase
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Judges in imposing sentences to perpetrators of criminal acts must be based on applicable law and provide a sense of justice. But sometimes, it is the judge who causes injustice. One of them is the sentence imposed in decision number 44/Pid.B/2018/PN Gst). In the decision, the judge imposed a sentence on the perpetrator of the criminal act of persecution in excess of the maximum penalty as formulated in Article 351 paragraph (2) of the Criminal Code. The type of research used in this research is normative legal research with a statutory approach, case approach, and analytical approach by collecting secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis used is descriptive qualitative data analysis. Based on the results of the research and discussion, it can be concluded that the judge's considerations on sentencing the perpetrators of the crime of serious mistreatment (study of decision number 44/Pid.B/2018/PN Gst) are juridical considerations and non-juridical considerations. Juridical considerations are judges' considerations based on the indictment of the public prosecutor and the facts revealed in the trial. Meanwhile, non-juridical considerations are judges' beliefs as regulated in Article 183 of the Criminal Procedure Code. Juridically, the defendant is legally proven to have committed a criminal act of persecution as regulated in Article 351 paragraph (2) of the Criminal Code which stipulates that if the act of torture causes the person to die, he is sentenced to a maximum imprisonment of five years. However, the facts in the decision number 44/Pid.B/2018/PN Gst the judge sentenced him to a sentence of 6 (six) years
ANALISIS HUKUM TERHADAP PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA PENCABULAN (Studi Putusan Nomor 6/Pid.Sus.Anak/2016/PN.Mbn) Arifman Febriyanto Saputra Zamili
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Child punishment often has a legal conflict between the application of applicable law and the interests of children's rights and obligations in law. Children who commit a criminal act should be examined and judged by considering things that can change psychology without having to apply imprisonment to children. This research uses normative legal research with data collection techniques using secondary data consisting of primary, secondary and tertiary legal materials. In the results of the study, children were sentenced to imprisonment due to not achieving diversion due to the threat of punishment for the actions of children more than 7 (seven) years. The researcher's suggestion is that the judge in the process of punishing children as perpetrators of criminal acts of obscenity must pay attention to the interests of children according to applicable laws and the government as lawmakers must strictly regulate the issue of punishing children, so that the rights of the child can be protected by law
PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 175/Pid.B/2020/PN Gst) Artis Duha
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Premeditated murder is a form of crime against life as regulated in Article 340 of the Criminal Code. Based on this, the formulation of the problem in this study is how the judge's consideration in the sentencing of the crime of premeditated murder in the decision number 175/Pid.B/2020/PN Gst. The type of research used in this research is normative legal research with a statutory approach method, case approach method and analytical approach method. Data collection techniques in this study using literature study, namely by collecting and analyzing secondary data. The secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis used in this research is qualitative data analysis with a descriptive approach. Based on the results of the research that the criminal conviction of the perpetrators of premeditated murder has been legally and convincingly proven to violate the provisions of Article 340 of the Criminal Code as stated in the indictment of the public prosecutor. The panel of judges sentenced the defendant to 10 (ten) years in prison as stipulated in Article 183 of the Criminal Procedure Code. The prison sentence that has been handed down by the judge cannot provide a sense of justice, especially for the victim, and the judge's decision cannot implement the purpose of giving the sentence. The author suggests that judges should be more thorough, careful and professional and should give maximum punishment to the defendant in accordance with the provisions of criminal law, in order to provide a deterrent effect to the perpetrators and other communities and the demands of the public prosecutor in prosecuting the accused must be maximally in accordance with the criminal provisions contained in Articles that ensnare the defendant or in accordance with the provisions of criminal law that are commensurate with the actions of the defendant
ANALISIS YURIDIS TERHADAP PEMBINAAN NARAPIDANA WANITA BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN (Studi Putusan Nomor 222/Pid.B/2013/PN-Gst) Asniar Karolina Sarumaha
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Imprisonment is one of the penalties contained in the criminal law system in Indonesia. Penitentiary as part of the criminal justice system aims to realize one of the goals of the criminal justice system, namely rehabilitating lawbreakers. Based on this description, the authors are interested in studying and conducting research with the title Thesis of juridical analysis of the development of female prisoners based on Law No. 12 of 1995 concerning Corrections (Decision Study No. 222/Pid.B/2013/PN-Gst). The problem that will be discussed in this research is how to develop female prisoners in prisons. This study aims to determine and analyze the Guidance of Women Convicts in Correctional Institutions. In conducting the research the author uses normative research with the case method. The data used were obtained from library materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. Where the data obtained were analyzed qualitatively. Based on the research findings and discussion, it can be concluded that the juridical analysis of the development of female prisoners based on Law No. 12 of 1995 concerning Corrections (Decision Study No. 222/pid.B/2013/PN.Gst) prisoner development is a program owned by correctional institutions. which is functioned to prepare correctional inmates so that they can interact again with the community properly after the completion of their criminal period. Based on the conclusions above, the authors suggest that the rehabilitation of women convicted of narcotics cases should be carried out
ANALISIS YURIDIS PENJATUHAN HUKUMAN KEPADA PELAKU TINDAK PIDANA KEKERASAN SEKSUAL KEPADA ANAK (Studi Kasus Putusan Nomor 1268/K/Pid.Sus/2019). Candra Purnama Laia
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Children are creations of God Almighty, who since in the womb already have the right to life and independence and receive good protection from parents, family, community, nation and state. Given the importance of the role of children, children's rights have been explicitly regulated in Article 28 B paragraph (2) of the 1945 Constitution, stating that every child has the right to survive, grow and develop and has the right to protection from violence and discrimination. Crime is a reality in social life that deserves special attention. The formulation of the problem in this study is how the judges consider in imposing a sentence on perpetrators of sexual violence against children (case study of Decision Number 1268/K/Pid.Sus/2019)? The purpose of this study is to find out and analyze the judge's considerations in imposing a sentence on perpetrators of sexual violence against children (case study Decision Number 1268/K/Pid.Sus/2019). This type of research is a normative legal research using a statutory approach, a case approach, and an analytical approach. Data collection is done by using secondary data obtained through literature study consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data analysis used is qualitative analysis. Based on the results of research and discussion that the judge's considerations in imposing a sentence on perpetrators of sexual violence against children (case study Decision Number 1268/K/Pid.Sus/2019), it was concluded that the defendant's actions were proven to have violated the provisions as stipulated in Article 81 paragraph (1) junto Article 76d of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as stated in Decision Number 1268/K/Pid.Sus/2019. Based on the author's analysis of the elements in Article 76d, that is, everyone is prohibited from committing violence or threats of violence, forcing a child to have intercourse with him or with other people. Meanwhile, the history of the defendant's actions from the introduction of the victim to committing non-violent sexual intercourse.
ANALISIS YURIDIS PENERAPAN HUKUM TERHADAP TINDAK PIDANA PERDAGANGAN ORANG YANG MENYEDIAKAN JASA SEKS KOMERSIAL (Studi Putusan Nomor 484/Pid.Sus/2018/PN.Sby) Ensklopedi Sarumaha
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Commercial Sex Service Provider is a business actor who provides or provides services by offering himself as a sexual gratification to others by expecting payment, in the form of money, for the services he has performed. One of the crimes of providing commercial sex services that have been examined and tried by the Surabaya District Court is decision number 484/Pid.Sus/2018/PN.Sby. On July 5, 2018, the perpetrator was sentenced to 1 (one) year in prison for violating Article 506 of the Criminal Code regarding the act of pimping (suonteneur), meaning the act of providing commercial sex services. The type of research used is normative legal research with an approach, legislation approach, case approach, and analytical approach. Data was collected using secondary data, which was obtained through library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis used was descriptive qualitative data analysis and the conclusion was drawn using the deductive method. Based on the research findings and discussion, it can be concluded that the application of the law to the criminal act of trafficking in persons who provide commercial sex (study of decision number 484/Pid.Sus/2018/PN.Sby) is in the analysis of the judge's decision based on the decision of the Surabaya district court, stating that the perpetrator Ahmad Jawari bin Mardiono has been legally and convincingly proven guilty of committing the crime of "obscene acts" as stated in the third alternative indictment of Article 506 of the Criminal Code, where according to the author the elements of obscene acts are regulated in Article 289 of the Criminal Code, which is charged to the perpetrator. However, in the decision handed down to the perpetrator, there was a discrepancy in the application of the law with the indictment of Article 506 of the Criminal Code which was suspected of the perpetrator, not regarding obscene acts but acts of providing commercial sex services. Based on the description of the conclusion, the authors suggest that the panel of judges who examine and decide on a criminal case pay more attention to the application of the sentencing as stated in the verdict. So that judges should in examining and adjudicating a criminal case may still uphold the values ​​of justice to create a legal order that is in accordance with the criminal law code
ANALISIS YURIDIS PENJATUHAN HUKUMAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 235/Pid.Sus/2019/PN.Tar) Fiktorius Kehidupan Dao
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic which can cause decreased or altered consciousness, disappearance, reduce and eliminate pain and cause addiction. One of the narcotics crimes that have been examined and tried by the Tarakan District Court is decision number 235/Pid.Sus/2019/PN.Tar. The type of research used is normative legal research with an approach method, a statutory approach, a case approach, and an analytical approach. Data was collected using secondary data, which was obtained through library materials consisting of primary, secondary, and tertiary legal materials. 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 sentencing of narcotics criminals (decision study number 235/Pid.Sus/2019/PN.Tar), in terms of proof, it is clear that the elements in Article 114 paragraph (2 ) Law No. 35 of 2009 concerning Narcotics which was violated by the perpetrators has been fulfilled. The criminal imposition of the perpetrator is not in accordance with Article 114 paragraph (2) of Law Number 35 of 2009 concerning Narcotics, which is a minimum imprisonment of 6 (six) years and a maximum of 20 (twenty) years and a maximum fine as referred to in paragraph (1 ) plus 1/3 which is Rp. 13,330,000,000 (thirteen billion three hundred and thirty million rupiah). However, the judge's decision to hear the case only sentenced the perpetrator to 18 (eighteen) years in prison, without imposing a fine. The author suggests to law enforcers, the Panel of Judges who examines and decides on a Narcotics criminal case to be more careful in imposing penalties imposed on Narcotics criminals, adjusted to the applicable laws and regulations
KEDUDUKAN SAKSI MAHKOTA DALAM PEMBUKTIAN TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 46/Pid/2014/PT-Mdn) Intan Lestari Harita
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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The existence of a crown witness is never explicitly stated in the Criminal Procedure Code, but in practice this crown witness is often presented by the Public Prosecutor as witness evidence due to a lack of evidence. The use of this crown witness is still a debate in Indonesia until now because there is no legal certainty. The problem in this thesis is how is the position of the crown witness in proving the crime of premeditated murder (Decision Study Number: 46/Pid/2014/PT-Mdn). The type of research used by the author is normative research using the statutory approach method and the case approach method. Data collection in this study was carried out by taking an inventory of all primary legal materials, secondary legal materials and tertiary legal materials. The data obtained were processed and analyzed qualitatively. Based on the results of research and discussion on the position of the crown witness in proving the crime of premeditated murder (Study of Decision Number: 46/Pid/2014/PT-Mdn). Is that the crown witness is the main witness or key witness who comes from or is taken from a suspect or other accused who jointly commits a crime. This crown witness is not explicitly regulated in the Criminal Procedure Code but the crown witness is explicitly recognized in Jurisprudence No. 1986 K/Pid/1989 dated March 21, 1990, Supreme Court Decision No. 2437/K/Pid.Sus/2011 and Circular Letter of the Attorney General of the Republic of Indonesia No. B-69/E/02/1997 Year 1997. And the validity of this crown witness should be recognized in the Criminal Procedure Code and the government together with the DPR as the legislators should make a law regarding crown witnesses
ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM MENJATUHKAN HUKUMAN TERHADAP TINDAK PIDANA PERJUDIAN SECARA ONLINE (Studi Putusan 121/Pid.B/2012/Pn Gst) Irfan Gaurifa
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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The crime of gambling is betting on purpose, namely risking a value or something that is considered valuable by being aware of certain risks and expectations in game events, matches, competitions and events that have no and or uncertain results. The type of research used is normative juridical. The research approach method used is the statute approach, the case approach, and the conceptual approach. The data collection technique used is through descriptive research with a qualitative approach, then the data analysis is carried out as a whole and systemically together with data collection based on the symptom units studied. B/2012/Pn-Gst) was not correct in making the decision, the judge sentenced the defendant to a prison sentence of 3 (three) months, did not impose the sentence as stipulated in Article 303 bis paragraph (1) 1 of the Criminal Code Jo. UU no. 7 of 1974 concerning Gambling Control with the threat of imprisonment for 4 (four) years and a maximum fine of ten million rupiah. The researcher's suggestion is that the judge must be careful in making a decision, based on existing provisions and looking at the facts in court so that it can burden the defendant to admit and regret his actions so that the decision taken is a decision that is able to provide a sense of justice for each party

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