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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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PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN KEPADA PELAKU TINDAK PIDANA KORUPSI (Studi Putusan Nomor 03/Pid.Sus-TPK/2021/PN.Bdg) Ivan Satriyani Bohalima
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Corruption is an act carried out by abuse of power with the aim of enriching oneself or a corporation at the expense of state finances or the state economy. one of the corruption crimes that have been examined and tried by the Bandung District Court is the decision Number 03/Pid.Sus-TPK/2021/PN.Bdg.Types of research the method used is normative legal research with a statutory approach, a case approach and an 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 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 criminal acts of corruption consist of juridical considerations of judges and non-juridical considerations of judges. So the judge sentenced him to 6 (six) years in prison will not provide a deterrent effect because the defendant as a Director who has great authority in the financial management of PT. Pos Properti Indonesia by violating Article 3 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999. The author suggests to law enforcement officials, the Panel of Judges who examines and decides on a corruption case, to be more careful in imposing the punishment imposed on perpetrators of corruption with the aim of creating a legal order that is in accordance with the goals of the Sta
PEMIDANAAN PELAKU DI ATAS TUNTUTAN JAKSA PENUNTUT UMUM PADA TINDAK PIDANA PEMBUNUHAN (Studi Putusan Nomor 17/Pid.B/2021/PN.Gst) Jesika Greis Duha
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Murder is an act to eliminate a person's life by violating the law, or not against the law. One of the crimes of murder that has been examined and tried by the Gunungsitoli District Court is decision number 17/Pid.B/2021/PN.Gst. In the decision, the perpetrator was charged with 7 years in prison and violated Article 338 of the Criminal Code with the first alternative charge of Article 351 paragraph (3) of the Criminal Code, while the judge sentenced the perpetrator to 10 years in prison for allegedly violating Article 338 of the Criminal Code. The type of research used is normative legal research with approach methods, namely legislation approach, case approach and analytical approach. Data was collected 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 the conclusion is drawn using the deductive method. Based on the research findings and discussion, it can be concluded that the punishment of the perpetrator above the demands of the Public Prosecutor for the crime of murder (Study of Decision Number 17/Pid.B/2021/PN.Gst) is a crime imposed on the demands of the Public Prosecutor, The judge may decide above the demands in accordance with the laws and regulations because there is no provision that prohibits the judge in deciding the sentence of a person to be in accordance with the demands of the Public Prosecutor. In addition, it is not Article 338 of the Criminal Code that is imposed on the perpetrator, but uses the first alternative charge, namely Article 351 paragraph (3) in order to fulfill the elements of the act committed by the perpetrator. The author suggests that judges should pay more attention to the punishment of a person in order to fulfill the elements in an article that is charged to the perpetrator so that the sentence imposed is in accordance with his actions
ANALISIS HUKUM TERHADAP KEPEMILIKAN HAK ATAS TANAH YANG DIPEROLEH MELALUI PEWARISAN (StudiPutusanNomor 86/Pdt/2018/PT MDN) Junius Nakhe
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Inherited land is land obtained from the distribution of the inheritance of someone who has passed away to his heirs. In Article 20 paragraph (1) Number 5 of 1960 concerning the Basic Agrarian Law states "Property rights to land are hereditary, strongest and fullest things that can be owned by people on land, and Article 20 paragraph (2) of the UUPA states "Property rights can be transferred and transferred to another party. This study aims to determine and analyze the legal certainty of land acquired through inheritance (Case Study 86/Pdt/2018/PT MDN). The type of research used is normative legal research with a statutory approach method, case approach method and analytical approach method, with data collection techniques used, namely library research conducted by analyzing secondary data, secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it can be concluded that the judge's decision in making a decision in the civil lawsuit case Number 86/Pdt/2018/PT MDN does not reflect legal certainty to the Appellant (original defendant) over the ownership of land rights obtained through inheritance, the Assembly should The judge considers the evidence and testimony of the witnesses presented by the Appellant in accordance with the facts revealed in court. The author suggests that in the distribution of inheritance, the family should invite the Village Head and Community Leaders to witness the distribution of the inheritance, and also the issuance of a certificate of inheritance by the Village Head as the basis for ownership rights over land by the heirs
KENDALA DALAM PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN (Studi di Polres Nias Selatan) Kristiani Ndruru
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Abstract

Diversion is the transfer of case settlement from the criminal justice process to a process outside the criminal justice system. The crime of theft is a crime against the interests of individuals which is a crime against property or property. Children are part of the younger generation, both men and women who are not yet mature. The formulation of the problem in this study is how are the obstacles in the application of diversion to children as perpetrators of the crime of theft (Study at the South Nias Police Station). South Nias Police Station). The type of research used is a sociological legal research type with research specifications using descriptive research, the location of this research is the South Nias Police Station located in Telukdalam district, data collection techniques are through interviews, observations or observations, and document studies. Data analysis used qualitative analysis, namely by describing the data generated by outlining sentences that were arranged logically and systematically. Based on the results of research and discussion, it can be concluded that the obstacle in implementing diversion against children as perpetrators of the crime of theft (study at the South Nias Police Station) is the lack of ability and knowledge in giving approaches to litigants, both the victim's family and the perpetrator's family, so that no achievement is reached. diversion for the following reasons: Dissatisfaction of one of the litigants, because the victim feels aggrieved, the cost of compensation that the perpetrator cannot afford
PERTIMBANGAN HAKIM DALAM PEMIDANAAN PELAKU TINDAK PIDANA PEMBUNUHAN (Studi Kasus Putusan Nomor. 104/Pid.B/2016/PN.Gst) Yuniar Hati Laia
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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The judge's consideration in trying and deciding a criminal case is very important in ending the trial. This study aims to determine and analyze the judge's considerations in convicting the perpetrators of the crime of murder (case study decision number 104/Pid.B/2016/PN.Gst). This research is a normative research with data collection techniques using secondary data. The secondary data obtained in this study, the authors then analyzed using qualitative analysis methods which were then described into a general conclusion which would be completed by the author in the form of research results or thesis. Based on the results of the research findings and discussion in the judge's consideration in convicting the perpetrators of the crime of murder (case study decision number 104/Pid.B/2016/PN.Gst), it can be concluded that the primary charge was not fulfilled because the element of whoever deliberately planned in advance which results in the loss of a person's life, the imposition of a sentence of 12 (twelve) years on the perpetrator is appropriate because the legal considerations have been based on juridical considerations and non-juridical considerations. As for the advice, it is better for the prosecutor and judge in prosecuting both examining and adjudicating a criminal case to still uphold the values ​​of justice to create a legal order that is in accordance with the objectives of the state as a state of law
KEWENANGAN TNI ANGKATAN LAUT DALAM MELAKUKAN PENYIDIKAN TINDAK PIDANA ILLEGAL FISHING (Studi di Pangkalan TNI AL NIAS) Putri Awin Susanti Zamili
Jurnal Panah Hukum Vol 1 No 2 (2022): Jurnal Panah Hukum
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Investigations into criminal acts of illegal fishing are carried out by Civil Servant Investigators, Police Investigators, and Navy Officers Investigators. With many agencies that have the authority, so that there is still overlapping authority in conducting investigations. Therefore, researchers are interested in conducting research on the authority of the Navy in conducting investigations into criminal acts of illegal fishing (study at the Nias Naval Base). The type of research used in this research is the type of sociological legal research. The research specification used is descriptive normative. The location of this research is the Nias Naval Base. The research time that will be used in this study is from February to March 2021. After all the data has been collected and systematically arranged, then it is analyzed using qualitative methods. Based on the research findings and discussion, it can be concluded that the Indonesian Navy in the context of law enforcement in the territorial waters of the Indonesian national jurisdiction has the authority to investigate illegal fishing crimes. As regulated in Article 73 of Law Number 45 of 2009 concerning Fisheries which stipulates that investigations of criminal acts in the field of fisheries in the management area of ​​the Republic of Indonesia are carried out by PPNS Investigators, Navy Officers Investigators, and/or Indonesian National Police Investigators. There is a need for strict regulatory changes regarding the granting of authority to investigate illegal fishing crimes. improving the quality of human resources of the Indonesian Navy investigators. Improving the quality of Indonesian Navy investigators through training, courses, and joint training to improve the professionalism and integrity of the investigators
PENERAPAN HUKUM PIDANA PADA TINDAK PIDANA GRATIFIKASI YANG DILAKUKAN DALAM JABATAN (Studi Kasus Putusan Nomor 1/Pid.Sus.TPK/2017/PN.Mdn) Atozanolo Baene
Jurnal Panah Hukum Vol 1 No 1 (2022): Jurnal Panah Hukum
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The State of Indonesia is a constitutional state as stipulated in Article 1 paragraph (3) The 1945 Constitution of the Republic of Indonesia. Therefore, all citizens must submit and obey the applicable law. Gratification is a gift in a broad sense, namely the gift of money or goods. This research was conducted to find out and analyze the application of criminal law to gratuity crimes committed in office (Case Study of Decision Number 1/Pid.Sus.TPK/2017/ PN.Mdn). The criminal act of gratification is an unlawful act that is bribery in nature, namely the element of the act of promising something even though the promise has not been received, as well as giving a gift is considered to have occurred after the object was released from the power to give. This research is normative legal research using statutory regulations, case approaches, and analytical approaches. Data collection was carried out using secondary data obtained through literature study consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis used is qualitative analysis. Based on the results of the research and discussion on the application of criminal law to criminal acts of gratification committed in office (Case Study of Decision Number 1/Pid.Sus.TPK/2017/PN.Mdn), it can be concluded that the panel of judges in deciding cases in District Court decisions Medan Number 1/Pid.Sus.TPK/2017/PN.Mdn, there was an error in applying Article 11 because it was in accordance with the fact that the defendant's actions violated the provisions of Article 12 b of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption as referred to in the subsidiary indictment. As for the suggestion in this study is that law enforcers, in this case judges, should be more careful and thorough in applying the law to the perpetrators according to their actions
PERTANGGUNGJAWABAN PIDANA PEJABAT PEMBUAT AKTA TANAH DALAM PEMBUATAN AKTA JUAL BELI TANAH Bisman Gaurifa
Jurnal Panah Hukum Vol 1 No 1 (2022): Jurnal Panah Hukum
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An authentic deed made by the PPAT is proof of ownership which can guarantee legal certainty if a dispute occurs one day. The existence of a PPAT in carrying out its duties and authorities in making deeds is required to act properly and correctly. Since the enactment of the Government Regulation (PP) which regulates land registration, the sale and purchase must also be carried out by the parties before the PPAT who is in charge of making the deed. By carrying out the sale and purchase before the PPAT, clear conditions are fulfilled (not dark legal actions, which are carried out in secret). The PPAT is responsible for examining the legal requirements for legal actions, and if there are irregularities in the implementation of the sale and purchase deed that are not in accordance with the procedure, the PPAT must be responsible for the documents drawn up. The type of research used is normative legal research using statutory law approaches, case approaches, and analytical approaches by collecting secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Qualitative data analysis, namely secondary data obtained from research results are arranged in a descriptive, logical and systematic manner. As well as drawing conclusions made using the deductive method. Based on the research findings and discussion, it can be concluded that criminal liability by the PPAT is legally regulated in Government Regulation Number 24 of 2016 concerning Officials for Making Land Deeds, strictly does not regulate criminal sanctions given to PPATs in making sales and purchase deeds and in Article 10 of the regulation said, that the responsibility of the PPAT profession only provides administrative sanctions. However, in the application of criminal responsibility to PPATs who are proven to have committed criminal acts while exercising their authority, PPATs can be charged using the Criminal Code which has been regulated starting from Article 263 of the Criminal Code to Article 266 of the Criminal Code and can be linked to Article 55 paragraph (1) of the Criminal Code, as well as suggestions from the author, namely that it is better to review this regulation by adding and formulating rules governing the penalty article against a PPAT who is proven to have committed a criminal act of issuing a sale and purchase deed that is not in accordance with the actual situation (falsification of a sale and purchase deed); as well as in making a sale and purchase deed, a PPAT is expected and required to be more careful and issue a sale and purchase deed without neglecting the standardization of the issuance of a sale and purchase deed
ANALISIS YURIDIS PENJATUHAN PIDANA PADA TINDAK PIDANA PENCABULAN DENGAN KEKERASAN (Studi Putusan Nomor 680/Pid.B/2016/PN. Mlg) Edisama Buulolo
Jurnal Panah Hukum Vol 1 No 1 (2022): Jurnal Panah Hukum
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Criminal acts that have not been completed are not always unpunished. However, it is necessary to know what is the reason why the criminal act was not completed. In Article 53 paragraph (1) of the Criminal Code it is explained that an attempt to commit a crime can be punished if the crime is not completed due to obstacles, not the will of the perpetrator of the crime itself. This study aims to determine and analyze the criminal imposition of criminal acts of obscenity with violence. The type of research used is normative law research with data collection techniques carried out by literature study (secondary data). The data analysis used in this research uses qualitative data analysis systematically and is described in a descriptive form. The results obtained are studied deductively and then a conclusion is drawn which is a manifestation of the problem under study or the subject matter under discussion. Based on research findings and discussion of the Malang District Court decision No. 680/Pid.B/2016/PN. Mlg, the authors conclude that the criminal act committed by the defendant is a criminal act of obscenity with violence. Criminal imposition on the crime of obscenity with violence is in accordance with the legal provisions in Article 289 of the Criminal Code. The criminal act committed by the defendant was not an attempt to commit a crime because the criminal act committed by the defendant was not completed due to other elements not because of the will/intention of the defendant. As for the author's suggestion, namely that the demands of the public prosecutor are very low, the demands of the public prosecutor should be a minimum of 4.5 years in prison and the judge as a justice breaker should not only be based on the demands of the public prosecutor. Judges should be able to provide legal justice especially to children and women
ANALISIS HUKUM TINDAK PIDANA PENGHINAAN SECARA ELEKTRONIK (Studi Kasus Putusan Nomor 2290 K/Pid.Sus/2015) Fitriani Duha
Jurnal Panah Hukum Vol 1 No 1 (2022): Jurnal Panah Hukum
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The criminal act of defamation (insulting) is not infrequently carried out by a person or group of people through their social networks to express opinions without knowing that they are committing legal deviations, namely disturbing the rights of others. The purpose of this research is to find out how the Legal Analysis of Electronic Defamation Crime (Case Study: Decision Number 2290 K/Pid.Sus/2015)? . Research Methods the author uses a type of normative research. This type of normative legal research is legal research that examines literature studies, namely using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. In this type of legal research, law is conceptualized as written in laws and regulations (law in books) or law is conceptualized as rules or norms which are standards for human behavior that are considered appropriate. Based on research findings and discussion that freedom of opinion is the right of every citizen and is also protected by the state as long as it does not conflict with Article 27 paragraph (3) of the Law on Information and Electronic Transactions (UU ITE). The offense of insult or defamation is not merely a general crime but a complaint offense. Complaint delict is an offense that can only be processed if it is complained by a person who feels aggrieved or has become a victim

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