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PENERAPAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG MENGGUNAKAN NARKOTIKA JENIS SHABU MENURUT UU NO. 35 TAHUN 2009 TENTANG NARKOTIKA Adawiyah Nasution, Halimatul Maryani , Mayang Sari Sitorus, Bonanda Japatani Siregar,
NERACA KEADILAN Vol. 2 No. 1 (2023): NERACA KEADILAN
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Salah satu tantangan di era globalisasi ini adalah menghindarkan anak bangsa dari penyalahgunaan narkotika. Dari segi kesehatan, narkotika sebenarnya dibutuhkan karena bermanfaat dalam pengobatan. Namun, pengobatan yang dilakukan menggunakan narkotika haruslah sesuai takarannya agar narkotika itu benar-benar menjadi obat. Oleh karena itu, agar pengguna narkotika dapat memberikan manfaat bagi kehidupan manusia, sebagaimana ketentuan mengenai tindak pidana penyalahgunaan narkotika pada Anak diatur dalam, Undang-Undang Nomor 23 Tahun 2002 sebagaimana terakhir kali diubah oleh Undang-Undang Nomor 35 Tahun 2014 dan Undang-Undang Nomor 17 Tahun 2016 tentang Perlindungan Anak, dan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika yang didalamnya juga mengatur perlunya dilakukan rehabilitasi terhadap pecandu narkotika. Penelitian ini bertujuan untuk mengetahui penerapan hukum terhadap anak yang menggunakan narkotika jenis shabu menurut UU No. 35 Tahun 2009 Tentang Narkotika, pertimbangan hakim dalam putusan perkara pidana Nomor 35/Pid.Sus.Anak/2021/PN Lbp dan Penerapan Hukum Terhadap Anak Yang Menggunakan Narkotika Jenis Shabu Menurut UU No. 35 Tahun 2009. Dalam permasalahan kali ini peneliti bertegas dengan pertanyaan dan tujuan Hukum terhadap penyalahguna Narkotika yaitu: 1. Penerapan Hukum Terhadap Anak Yang Menggunakan Narkotika Jenis Shabu Menurut UU No. 35 Tahun 2009. Penelitian ini dilaksanakan di Pengadilan Negeri Lubuk Pakam Kelas I-A, penelitian ini merupakan dari keseluruhan rangkaian kegiatan penulisan karya ilmiah, karena untuk menjawab pokok permasalahan yang diuraikan dalam rumusan masalah dengan jenis penelitian yang dilakukan dengan pendekatan yuridis normatif dianalisis secara deskriptif kualitatif dengan sumber data primer, sekunder, dan tersier sehingga mengungkapkan hasil yang diharapkan dan kesimpulan atas permasalahan. Dalam kasus penyalahguna narkotika yang paling mendominasi penyebab terjadinya penyalahguna narkotika terhadap anak dibawah umur.

ANALISIS PENERAPAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN DALAM PRAKTEK JUAL BELI CHIP GAME ON/LINEHIGGS DOMINO ISLAND (Studi Kasus Putusan Nomor 96/Pid.B/2023/PN Lbp) Maulidya Muazzarah, Bonanda Jafatani Siregar
NERACA KEADILAN Vol. 2 No. 2 (2023): NERACA KEADILAN
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The online game Higgs Domino Islands is very popular among young people and adults. This online game is played simply because it is entertainment and can eliminate boredom or boredom. As time goes by, interest in playing this online game is increasing because there is a gambling content for game players. online higgs domino island is misused to make a profit by opening a business area to carry out the practice of buying and selling online chips in the game. Buying and selling online game chips is very disturbing to the public, it can cause moral and material damage. The aims of this research are: 1 To find out what are the factors in the occurrence of criminal acts of gambling in the practice of buying and selling chips for the online game Higgs Domino Island 2 To find out how judges consider in imposing criminal sanctions against perpetrators of gambling in the practice of buying and selling chips for the online game Higgs Domino Island 3 To find out Obstacles that occur by law enforcement officials in eradicating perpetrators of criminal acts of gambling in the practice of buying and selling chips for the online game Higgs Domino Island. This research method: this type of research is normative and empirical law data sources secondary, primary and tertiary legal materials Data collection using interviews and literature study data analysis techniques using qualitative data Conclusion: Factors that cause criminal acts of gambling in the practice of buying and selling online Higgs Domino Island game chips, namely economic factors, environmental factors, profit factors, lack of legal awareness, growth factors in the Higgs Domino Island game industry, lack of regulations or legal rules. The judge imposed criminal sanctions against The defendant was sentenced to 5 months in prison under Article 303 paragraph 1. The obstacles faced by law enforcement officials in eradicating criminal acts of gambling in the practice of buying and selling online game chips Higgs Domino Island are the inability to track the practice of buying and selling online game chips, limited resources, lack of goods. There is strong evidence that there is no public support or concern in eradicating gambling and law enforcers act if there are reports from the public.

KAJIAN HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP KASUS TABRAK LARI Dita Aulia, Anwar Sadat Harahap
NERACA KEADILAN Vol. 2 No. 2 (2023): NERACA KEADILAN
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The large number of vehicles that are not accompanied by public awareness of safety and traffic order while driving is still an obstacle in Indonesia. Accidents that often occur on the road are often interpreted as suffering that befalls a person. Hit and-runs are usually considered a criminal offense because they involve violations of traffic laws and often involve injury or death of another person. Based on the problem formulation above, the aims of this research are: 1. To find out the factors that hinder the implementation of Law Number 22 of 2009 concerning Road Traffic and Transportation in hit-and-run cases, 2. To find out the types of sanctions applied to the perpetrators hit and run according to Islamic law and law number 22 of 2009 concerning traffic, 3. To find out the efforts made by law enforcement officials and the community to prevent hit and run cases. The location of this research was carried out at the Deli Serdang Police Station which is located at Jl. Sudirman No. 18 District. Lubuk Pakam, Kab. Deli Serdang, North Sumatra, Postal Code 20512. The type of research used in this research uses two types of approaches, namely a normative juridical approach and an empirical juridical approach. The types of data required in this research are primary data and secondary data. Sample distribution is the distribution of the average or proportion of samples taken repeatedly from the population. To obtain correct and accurate data in this research, literature study and field study procedures were carried out. Analysis of data processed from the literature is then analyzed descriptively qualitatively. Describe the data descriptively. Islam is a perfect religion whose teachings cover all aspects. In Indonesia, there is a Compilation of Islamic Law (KHI) which regulates various aspects of Islamic family law and Islamic civil law. The investigation carried out by the Deli Serdang Police Traffic Accident Unit which handled the hit-and-run accident was in accordance with the Regulation of the Chief of the Indonesian National Police Number 15 of 2013. Based on the description of the discussion of the problem in this scientific work, the following conclusions can be drawn: 1. From the perspective of Islamic law, this hit-and-run act can be subject to ta'zir. The criminal law for hit-and-run cases has provisions in Article 312 of Law Number 22 of 2009 concerning Road Traffic and Transportation, 2. Sanctions for hit-and-run perpetrators in the study of Islamic law are ta'zir punishment from social punishment, payment of a fine (diyat ), corporal punishment (hijab). Meanwhile, sanctions for perpetrators in criminal law are Article 231 paragraph 1 with a maximum imprisonment of 3 years or a maximum fine of IDR 75,000,000.00 (seventy-five million rupiah). 3. Prevention efforts from law enforcement and the community for cases In this hit and run, the law must provide strict sanctions to the perpetrator of the hit and run. This can include criminal penalties, steep fines, and vehicle impoundment.

TINDAK PIDANA PENCURIAN DENGAN KEKERASAN YANG MENGAKIBATKAN KORBAN LUKA DI TOKO MAS SIMPANG LIMUN MEDAN (Putusan Nomor 68/id.B/2022/Pn Mdn) Aryudatama Hasibuan, Dani Sintara
NERACA KEADILAN Vol. 2 No. 2 (2023): NERACA KEADILAN
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Rapid developments in this modern era have led to the rise of various criminal acts. At any time may result in this violation. There are no exceptions for theft and aggression. It is not surprising that humans use various methods, including committing crimes, to fulfill the urgent human needs of the nation and state today, considering the increasing demands for life's needs. Based on the problem formulation above, the objectives of this research are: 1. To find out how material criminal law is applied to criminal acts of theft with violence, 2. To find out how the judge considers in handing down decisions against perpetrators of criminal acts of theft with violence in case Number: 68/id.B/2022/PN Mdn, 3. To understand the legal measures taken by criminals in cases of theft with violence. The location for this research was carried out at the Medan District Court Office class 1-A. The type of research used in this research uses two kinds of approaches, namely the normative judicial approach and the empirical judicial approach. The types of data required in this research are primary data and secondary data. Sample distribution is the distribution of the average or primary data and secondary data. Sample distribution is the distribution of the average or proportion of samples taken repeatedly from the population. To obtain correct and accurate data in this research, literature study and field study procedures were carried out. Analysis of data processed from the library is then analyzed descriptively qualitatively. Describe the data descriptively. The conclusion of this research is that law is a series of regulations regarding the behavior of people as members of society, with the aim of establishing safety, happiness and order in society. Based on research results. then the following conclusions can be drawn: 1 the application of the law is in accordance with the applicable material criminal provisions and the conditions for the defendant to be sentenced, this is based on the examination and the facts revealed at the trial, where the evidence submitted by the Public Prosecutor is the testimony of witnesses -Witnesses and evidence are in accordance with the defendant's statement who admits the actions he has committed. So the panel of judges stated that the defendant's actions had fulfilled the elements of the criminal act charged by the Public Prosecutor, namely article 365 paragraph (2) 2e, 4e of the Criminal Code. 2). The judge's legal considerations in handing down a decision regarding the crime of theft with violence in decision Number: 68/id.B/2022/Pn Mdn are appropriate because they are based on descriptions of the statements of witnesses, evidence and the defendant's statement. The judge has also taken into account both judicial and non-judicial considerations which can mitigate or incriminate criminal witnesses for the defendant.

PENCEGAHAN TINDAK PIDANA PENCABULAN ANAK DI BAWAH UMUR MENURUT PERATURAN PERUNDANG–UNDANGAN DAN HUKUM ISLAM Afrahul Fadhilah Sitorus, Anwar Sadat Harahap
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This research is about Prevention of Criminal Acts of Obscenity of Underage Children According to Legislation and Islamic Law in the City of Lubuk Pakam to find out how to prevent criminal acts of molestation of minors according to legislation and Islamic law Data collection activities in this study are by collecting data secondary in the form of laws and regulations, articles or other documents needed to be categorized according to the appropriate grouping. In this study the authors used library research techniques and field research to collect and compile the necessary data. After conducting research and discussing the prevention of criminal acts of sexual abuse of minors according to laws and regulations and Islamic law in the city of Lubuk Pakam, Islam has provided rules in social relations such as politeness in dress ethics, ethics in looking at someone in human relations. therefore the occurrence of acts of sexual harassment is an immoral act. Islam commands us to guard our views towards anyone except with their husbands, their children, their siblings, their parents, their children.

PENERAPAN QANUN TENTANG HUKUM JINAYAT MENGENAI KHALWAT DI PEMERINTAHAN KOTA LHOKSEUMAWE ACEH Cut Ghazia Humaira Azhari
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Wilayatul Hisbah Services are still not running well. facing various obstacles in upholding Islamic law, especially related to institutional aspects, law enforcement, legal process and legal readiness as well as human resources. Purpose: The purpose of this study is to find out that with the enactment of the Aceh Qanun on Jinayat Law, especially khalwat in Lhokseumawe City, the implementation of Islamic law properly and correctly and describe the obstacles and obstacles faced by the Islamic Sharia Service in implementing jinayat law. Methods: This study uses exploratory research methods with empirical data analysis using an inductive approach. Data collection techniques are carried out by observation, interviews and documentation. Results/Findings: The findings obtained by the authors in this study are that the implementation of Islamic Sharia has been running but the role of the Islamic Sharia Office and Wilayatul hisbah in enforcing Islamic Sharia is exacerbated by the lack of legal awareness from the people in Lhokseumawe City. This is supported by data which proves that there is still a high level of violations that occur in society. Conclusion: The implementation of Qanun Number 6 of 2014 concerning Khalwat is still not going well in Lhoksemawe City because the Regional Islamic Sharia and Wilayatul Hisbah Offices are still facing various obstacles in enforcing Islamic law, especially related to institutional aspects, law enforcement, legal processes and legal readiness and resources man. In order to overcome this, the authors suggest that the Lhokseumawe City government, especially related agencies, immediately increase the number of PPNS as needed, increase the required budget and provide training to Wilayatul hisbah personnel regarding the implementation of the Qanun.

PEMAHAMAN KEWAJIBAN SUAMI TERHADAP ISTRI MENURUT HUKUM POSITIF (STUDI KASUS DI STM SERIKAT AMAL RIDHO DESA BANDAR KLIPPA) Yeltriana, Ismed Batubara, Alkausar Saragih
NERACA KEADILAN Vol. 3 No. 1 (2024): NERACA KEADILAN
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This research aims to determine the understanding of husbands at the STM Amal Ridho Union of Bandar Klippa Village regarding the husband's obligations towards his wife according to positive law. This research uses qualitative research methods with data collection techniques in the form of in-depth interviews, observation and documentation. Based on the research results, it was concluded that the understanding of husbands at the Bandar Klippa Village Charity Union STM regarding the husband's obligations towards his wife according to positive law was quite good. Most husbands understand that a husband's obligations towards his wife include physical support, mental support and protection. However, there are still some husbands who do not fully understand the husband's obligations towards his wife according to positive law. This is caused by several factors, namely the husband's lack of understanding of positive law, lack of communication between husband and wife, and lack of socialization from the government. Based on the research results, it is recommended that the government conduct outreach regarding the obligations of husbands towards wives according to positive law to the community, especially to husbands. Apart from that, husbands and wives also need to improve their communication and understanding of their respective obligations in marriage. The understanding of husbands at the Bandar Klippa Village Charity Union STM regarding the husband's obligations towards his wife according to positive law is quite good. However, there are still some husbands who do not fully understand the husband's obligations towards his wife according to positive law. This is caused by several factors, namely the husband's lack of understanding about positive law, lack of communication between husband and wife, and lack of socialization from the government. Based on the research results, it is recommended that the government conduct outreach regarding the obligations of husbands towards wives according to positive law to the community, especially to husbands. Apart from that, husbands and wives also need to improve their communication and understanding of their respective obligations in marriage.

TINJAUAN YURIDIS PERUBAHAN NAMA SESEORANG PADA AKTA KELAHIRAN DALAM HUKUM PERDATA M. Ramadhan Matondang, Dani Sintara
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The purpose of civil law is to regulate everyday relations between residents or citizens. Civil law covers a person's marriage, divorce, death, inheritance, property, business and other civil actions. Name changes are part of population management which must be recorded by the population administration. Changing a person's name has legal consequences for civil law and state administration. Based on the research formulation, the research objective can be formulated as the causes of changes and additions to a person's name in the determination: No: 191/Pdt.P/2022 and the legal consequences of changing the name on the birth certificate according to the determination: No: 191/Pdt.P/2022/ PN Lbp?. The name change was carried out because the petitioner's husband left the divorce to die, so the petitioner wanted to change his name when writing the name, namely Riggia Anggi Khadijah Nasution to Anggi Nasution as written in the Marriage Book. The legal consequences of changing an adult's name on the legality of a child's legal status include changes to some authentic evidence. If a name change is made by someone who is an adult, of course the process will be longer, starting from changing the name on the birth certificate, changing the name on the Family Card (KK), changing the name of the KTP (Resident Identification Card), changing the name on the passport, changing the name school diplomas, and so on, as the legality of a person's name. This change began with changes to the birth certificate through a civil registration ]certificate. Then the name change is carried out based on the decision of the district court where the applicant is located.

PENEGAKAN HUKUM TERHADAP PENGENDARA YANG MENGAKIBATKAN KECELAKAAN LALU LINTAS DENGAN KORBAN MENINGGAL DUNIA (Studi Putusan Nomor. 734/PID.SUS/2023/PN LBP) Subur Pranoto, Ismed Batubara
NERACA KEADILAN Vol. 3 No. 1 (2024): NERACA KEADILAN
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A traffic violation is a violation of traffic laws and regulations and for people who are subject to criminal sanctions and the case filing process uses a quick examination procedure in accordance with Articles 207, 211 and 216 of the Criminal Procedure Code. The type of research used in this research is empirical legal research, namely legal research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The location for data collection in this research was at the Gakkum Unit of the Traffic Unit of the Deli Serdang Police, which is located in Diponegoro, Lubuk Pakam - Deli Serdang. The technique of designating a word that is abstract and not manifested in an object, but its use can only be seen through: questionnaires, interviews, observations, examinations (tests), documentation, etc. Based on a report from the Head of the Deli Serdang Police Traffic Unit, the main factors causing traffic accidents in Deli Serdang Regency involve several crucial aspects. The influence of alcohol is one of the main causes, where drunk drivers tend to experience decreased driving abilities, such as poor judgment and slow reflexes. In the provisions of Law no. 22 of 2009, which is contained in Article 25 which states that every road used for public traffic must be equipped with road equipment in the form of traffic signs, road markings, traffic signaling devices, street lighting devices, control and safety devices for road users, equipment road monitoring and security, facilities for bicycles, pedestrians and people with disabilities, supporting facilities for traffic and road transportation activities on the road and outside the road. Tge result od reseaech conclude that has been carried out, it can be concluded that traffic crimes, including traffic accidents, are serious violations of traffic regulations that can result in harm to individuals and society. Traffic accidents can be caused by various factors such as driver negligence, poor road conditions, and unfit vehicles. According to Law Number 22 of 2009 concerning Road Traffic and Transportation, traffic accidents are unexpected and unintentional events involving vehicles and can result in human casualties and property loss. These accidents are grouped into light, medium and severe categories based on their impact.

ANALISIS YURIDIS PELANGGARAN HAK CIPTA MENJUAL VCD LAGU BAJAKAN (STUDI KASUS PUTUSAN MA No. 2755 K/PID. SUS/2015) Ferry Hermanto, Tri Reni Novita
NERACA KEADILAN Vol. 3 No. 1 (2024): NERACA KEADILAN
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Songs are part of copyright In Indonesia, which is protected by law, namely Law no. 28 of 2014 concerning copyright. One of the copyright violations that often occurs is the sale of pirated VCDs of songs. This research was conducted with the aim of finding out whether legal protection for creations in Indonesia has been properly and correctly enforced in accordance with the law and the purpose of the law and fulfills the rights of creators of creations. Data collection was carried out by means of library research. Literature research is by referring to primary, secondary and tertiary legal materials. In this case, it is in the form of laws, books, journals, articles and decisions taken from the supreme court website. To analyze the data, a qualitative approach was used, namely by analyzing the data in depth and then interpreting it which is expected to be able to answer the legal problems raised in this writing. The research results show that law enforcement has been carried out correctly but there are weaknesses that cause copyright violations to still occur in Indonesia. Therefore, it is necessary to update the law, strengthen institutions related to copyright, as well as disseminate information about copyright to the public, including in the realm of education.

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Ismed Batubara

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+62813-6375-8304

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keadilann052@gmail.com

Editorial Address
Jln Garu II A Gang Teratai No. 44 B, Medan, Sumatera Utara 20147

Location
Kota medan,

Sumatera utara

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ismed Batubara

Contact Email keadilann052@gmail.com

Phone +62813-6375-8304

Journal Mail Official keadilann052@gmail.com

Editorial Address Jln Garu II A Gang Teratai No. 44 B, Medan, Sumatera Utara 20147

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ismed Batubara

Contact Email
keadilann052@gmail.com

Phone
+62813-6375-8304

Journal Mail Official
keadilann052@gmail.com

Editorial Address
Jln Garu II A Gang Teratai No. 44 B, Medan, Sumatera Utara 20147

Location
Kota medan,

Sumatera utara

INDONESIA