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INDONESIA
Neraca Keadilan
Published by Yayasan Pendidikan Islam Kamaliah
ISSN : -     EISSN : 29645123     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
NERACA KEADILAN adalah jurnal yang menjadi wadah publikasi ilmiah yang bersumber dari penelitian, baik penelitian lapangan maupun juga penelitian pustaka. Jurnal ini adalah jurnal penelitian open access berkualitas tinggi dengan E-ISSN. 2964-5123 yang diterbitkan oleh YAPEKAM (Yayasan Pendidikan Kamaliah Medan). CADIL menerima artikel penelitian yang ditulis oleh peneliti, guru, mahasiswa, akademisi, profesional, dan praktisi, jurnal ini terbit setiap bulan Juni dan Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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PENEGAKAN HUKUM TINDAK PIDANA PEMBUANGAN LIMBAH BERBAHAYA DAN BERACUN KE ALIRAN SUNGAI MENURUT UNDANG – UNDANG NOMOR 32 TAHUN 2009 Hardiansyah Lubis,Yeltriana
NERACA KEADILAN Vol. 3 No. 1 (2024): NERACA KEADILAN
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This study aims to relate to legal regulations regarding the crime of dumping hazardous and toxic waste into rivers, what factors cause the crime of dumping hazardous and toxic waste into rivers, what obstacles are faced by law enforcement officers in preventing and overcoming the crime of dumping hazardous and toxic waste into rivers. The data collection method in this study was carried out by literature study, which is a way of collecting data by searching and reviewing library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals, etc.). Legal materials were collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. Therefore, the data collection technique used in this study was literature study. Literature study was carried out by reading, reviewing, taking notes, making reviews of library materials that are related to Law Enforcement for Perpetrators of the Crime of Dumping Hazardous and Toxic Waste into Rivers. Provisions related to waste management and hazardous and toxic materials have been emphasized in Chapter VII Article 58 to Article 61 of Law No. 32 of 2009 concerning Environmental Protection and Management, Government Regulation PP Number 18 of 1999 as amended by PP Number 85 of 1999, starting in Article 40 to Article 46. Meanwhile, regarding the control of the impact of hazardous and toxic waste (LB3) through the Regulation of the Minister of State for the Environment Number 18 of 2009 concerning Procedures for Licensing the Management of Hazardous and Toxic Waste.
ANALISIS YURIDIS PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA DESA (STUDI PUTUSAN NOMOR 2/PID.SUS-TPK/2020/PT PLG) Fikri Ramadhan, Mahzaniar
NERACA KEADILAN Vol. 3 No. 1 (2024): NERACA KEADILAN
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The purpose of this study is Law Enforcement against perpetrators of Village Fund Corruption, legal consequences for village heads who commit village fund corruption and how to prevent it, legal considerations of judges in passing decisions on village fund corruption by village heads in decision Number 2 / Pid.Sus-TPK / 2020 / PT Plg. The approach method used in this study is descriptive normative juridical, which is used to analyze laws and regulations and materials relevant to this study. The data sources used in this study are secondary data sourced from primary legal materials, secondary legal materials and tertiary legal materials. The data obtained are in the form of secondary data, so the data collection tool used is through library or literature searches. The results of the research and discussion show that law enforcement of corruption, the three components, namely substance, structure and culture, influence the implementation of law enforcement. The application stage of criminal law enforcement is a complex process, because it involves many parties (police, prosecutors, courts, correctional institutions, and legal advisors). Village officials who violate the prohibition will be subject to administrative sanctions in the form of verbal and/or written warnings. Furthermore, if administrative sanctions are not implemented, temporary suspension will be carried out and can be continued with dismissal. Law enforcement for Village Fund Corruption Crimes is carried out in two ways, namely preventive and repressive. With the provisions of the Corruption Law in this case, preventive action is taken because in carrying out their authority as law enforcement officers, they still often see facts in the field that Village Fund Corruption practices still occur. Therefore, criminal sanctions are imposed in accordance with Article 2 of the Corruption Law and can be temporarily suspended or dishonorably dismissed. The application of the law of Decision Number 2/Pid.Sus-TPK/2020/PT Plg has been appropriate and the defendant's actions have fulfilled the elements of the crime as the primary indictment chosen by the Panel of Judges which stated that the Defendant was proven guilty of committing the Criminal Act of Village Fund Corruption.
KEBIJAKAN KRIMINAL TERHADAP PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ILEGAL DALAM WILAYAH HUKUM KEPOLISIAN DAERAH SUMATERA UTARA Budi Sudarmono, Bonanda Japatani Siregar
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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Misuse of firearms is the most common case today, where firearms can cause serious injury or death and one of the most disturbing crimes in society is crime using firearms. From the flow of crime using threats of violence or with firearms, it is indeed very disturbing to the security and order of society, thus causing concern in society. In overcoming criminal acts, it must be a unity by using criminal sanctions, and combined with other efforts that are non-penal. The formulation of this thesis research is as follows: First, how to overcome criminal policies in the crime of misuse of firearms in Indonesia, Second, how to prevent criminal behavior against perpetrators of illegal firearm ownership in the jurisdiction of the North Sumatra Regional Police, Third, how to take action against perpetrators of criminal acts of illegal firearm ownership in the jurisdiction of the North Sumatra Regional Police. The research used is a normative legal research method, namely studying legal principles and analyzing problems, studying and examining through an approach to legal principles and laws and regulations with reference to the 1945 Constitution, Emergency Law Number 12 of 1951 concerning Firearms and Explosives, Government Regulation in Lieu of Law Number 20 of 1960 concerning the Authority of Licensing Granted According to Legislation Concerning Firearms, Regulation of the Chief of Police Number 8 of 2012 concerning Licensing, Supervision and Control of Non-Organic Firearms of the Republic of Indonesia National Police / Indonesian National Army for Sports, Regulation of the Chief of Police Number 18 of 2015 concerning Licensing, Supervision and Control of Non-Organic Firearms of the Republic of Indonesia National Police / Indonesian National Army for Self-Defense.Prevention and Prosecution of criminals in possession of firearms based on Article 1 paragraph (1) of Law Number 12 of 1951 concerning Firearms and Sharp Weapons, has expressly regulated the prohibition of possessing and carrying firearms or explosives. Thus, possessing a firearm without a permit is one type of criminal act in Indonesia. In addition, its use is a threat to security and order in society, because it can be misused such as to commit crimes of robbery, kidnapping and so on. Finally, it can be stated that possession of a firearm without a permit is categorized as a criminal act, not only after committing an act of using the firearm against another person, but carrying a firearm or hiding it is already a criminal act.
PENGARUH NARKOTIKA TERHADAP TINGKAT KENAKALAN REMAJA DI KELURAHAN PEKAN TANJUNG MORAWA KECAMATAN TANJUNG MORAWA KABUPATEN DELI SERDANG Ali Akbar, Nelvitia Purba
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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This study aims to determine the effect of drug abuse on the level of juvenile delinquency in Pekan Tanjung Morawa Village. The problem of narcotics is a global phenomenon that has a serious impact, especially on the younger generation. This study uses an empirical legal approach and quantitative descriptive methods. Data were obtained through questionnaires and interviews with adolescents, parents, and the Head of the Village and the Pekan Tanjung Morawa Village apparatus. The results of the study indicate that drug abuse has a significant impact on increasing juvenile delinquency such as criminal acts, promiscuity, and decreased achievement. Factors that influence include the social environment, family conflict, educational environment and weak supervision. Preventive and rehabilitation efforts need to be increased to reduce the number of drug abuse among adolescents. The results of this study are to determine how much Impact the Influence of Narcotics has on the Level of Juvenile Delinquency in the Pekan Tanjung Morawa Village area, Deli Serdang Regency.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PIDANA PINIPUAN JUAL BELI BARANG BERMEREK SECARA ONLINE YANG CACAT PRODUK Riswanda Aulia R. Harahap, Bonanda Japatani Siregar
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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Globalization facilitates buying and selling transactions so that online transaction mechanisms are born which of course have negative and positive impacts so that product sales occur in the form of unauthorized use of brands. The purpose of this study is to determine the application of criminal law and consumer protection laws against unauthorized use of brands and legal certainty regarding consumer protection in online transactions based on Law Number 8 of 1999 concerning Consumer Protection. The method used in this study is normative juridical. The conclusions in the study include the application of material criminal law to perpetrators of online fraud in the sale and purchase of branded goods that are defective. Products can be seen from perpetrators of online fraud who offer branded goods but turn out to be defective or do not match the information promised can be subject to criminal sanctions based on material criminal law, especially Article 378 of the Criminal Code concerning fraud, as well as Article 62 and Article 8 paragraph (1) letter f Law No. 8 of 1999. Legal protection for consumers based on Law Number 8 of 1999 concerning Consumer Protection can be seen in Article 19 of the Consumer Protection Law which stipulates that business actors are responsible for providing compensation to consumers for losses due to goods and/or services received that do not comply with the agreement or do not meet the requirements as promised. The legal certainty for consumer protection in online transactions based on Law Number 8 of 1999 concerning Consumer Protection can be seen from the existence of a mechanism to provide legal certainty for consumers who feel disadvantaged through the BPSK that exists throughout Indonesia. Although in practice there are still challenges such as limited access to BPSK throughout Indonesia, as well as limited consumer legal literacy to use legal channels effectively.
PENEGAKAN HUKUM BERBASIS KEADILAN RESTORATIF JUSTICE TERHADAP ANAK KORBAN NARKOTIKA Sri Wahyuni Ginting, Syahrul Bakti Harahap
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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The development of drug cases in Indonesia over the past few decades has shown a very worrying trend. Drug abuse is no longer limited to adults, but has spread to children and adolescents who are psychologically and socially vulnerable. Children who should be the focus of protection and guidance have instead become victims of drug abuse. Restorative Justice is an approach in the criminal justice system that focuses more on restoring relationships between perpetrators, victims, and communities affected by criminal acts, rather than simply punishing the perpetrators. From an international perspective, the Convention on the Rights of the Child (CRC) which has been ratified by Indonesia through Presidential Decree Number 36 of 1990, provides a similar definition that. A child is every human being under the age of 18, unless under the laws applicable to children, adulthood is reached earlier. The type of research used in this study is normative juridical. This study uses a criminological approach with a qualitative method. This approach was chosen to analyze the effectiveness of the implementation of restorative justice in handling child crimes in Indonesia. This study aims to understand the social, legal, and cultural contexts that influence the implementation of restorative justice and its impact on children involved in criminal acts. The implementation of restorative justice faces several obstacles, including the lack of understanding of law enforcement, social stigma against child victims of narcotics, and limited rehabilitation facilities. In addition, existing legal regulations do not fully support the optimal implementation of restorative justice.
PERLINDUNGAN HUKUM TERHADAP KORBAN ATAS TINDAK PIDANA MALPRAKTEK DOKTER Giatta Tarigan, Tri Reni Novita
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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Medical Malpractice is a medical action carried out by medical personnel that is not in accordance with the standard of action so that it harms the patient, this is categorized as negligence or intentional in criminal law. Medical malpractice according to the Great Dictionary of the Indonesian Language is the practice of medical practice that is carried out incorrectly or inappropriately in violation of the law or code of ethics. In general, malpractice is divided into two large groups, namely medical malpractice which usually also includes ethical malpractice and legal malpractice. While legal malpractice is divided into three, namely civil malpractice, criminal malpractice and administrative malpractice. The legal research conducted is normative legal research, namely research on legal norms based on literature, and conducting interviews with parties related to this research. Data analysis in this study was conducted qualitatively by connecting data obtained from the literature with legal norms related to criminal violations of medical malpractice. Based on the results of the research that has been conducted, it was concluded that the Tanah Karo Police prioritize the resolution of actions outside the court with a win-win solution by bringing together victims with perpetrators of malpractice. The obstacles faced by Tanah Karo Police Investigators in resolving malpractice include, lack of technical medical knowledge, dependence on expert testimony, and the difficulty of proving the element of error.
ALAT BUKTI LABORATORIUM FORENSIK DALAM PERKARA PIDANA PEMBUNUHAN: Studi kasus: Nomor: 181/Pid.B/2024/PN Kbj Romi Ginting
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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Forensics (derived from the Latin "forensis" meaning "from outside", and is akin to the word forum meaning "public place") is a field of science that is used to assist the process of enforcing justice through the process of applying knowledge or science. In this group of forensic sciences, among others, forensic physics, forensic chemistry, forensic psychology, forensic medicine, forensic toxicology, forensic psychiatry, forensic computers, and so on. This study uses a normative juridical research method, namely research on legal norms that are linked to library data related to forensic laboratory evidence in Criminal Case Number 181 / Pid.B / 2024 / PN KBJ. While data analysis is carried out qualitatively which is sourced from library data and interviews with samples in this study. After conducting research on laboratory evidence in proving the criminal case of murder Number 181 / Pid.B / 2024 / PN Kbj. It can be concluded, among others, that forensic laboratory evidence is very important in proving criminal cases of murder, obstacles in the investigation of forensic laboratory evidence include, long distance from the crime scene, limited costs, contamination of four incidents by the community.
PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PENYELESAIAN SENGKETA UTANG PIUTANG YANG BERUJUNG PADA KEPAILITAN DI KOTA MEDAN Andrean Syah Putra
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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This Bankruptcy Law is designed to provide legal certainty and a fair mechanism in resolving debt disputes. One of the main objectives of this Law is to protect creditors' rights by ensuring that the bankruptcy process is transparent and accountable. In addition, this Law also provides opportunities for Creditors to restructure their debts through the Debt Payment Suspension (PKPU) process, which can provide a better solution than bankruptcy. Capital articles are defined as activities related to public offerings and securities trading. This research method is normative juridical which will explore various secondary literature consisting of legislation, regulations, books, journals and papers related to Patents. The author uses the normative juridical method because the target of this research is law and rules. The definition of rules includes, legal principles, rules in the narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truth through deductive thinking. Deductive thinking. Conclusion in the study entitled legal protection for creditors in resolving debt disputes that lead to bankruptcy in the city of Medan, Before a bankruptcy decision is made by the court, a debtor cannot be declared bankrupt. If the curator commits a crime, such as forgery of letters or sale of bankrupt assets underhand, criminal sanctions can be imposed in accordance with the criminal act committed.
ANALISIS IMPLEMENTASI PRINSIP-PRINSIP GOOD GOVERNANCE DALAM PENERBITAN BUKU PEMILIK KENDARAAN BERMOTOR DUPLIKAT OLEH POLRI DI SISTEM ADMINISTRASI MANUNGGAL SATU ATAP KOTA MEDAN Reskyani widya sulastini, Muhammad Huzbullah
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
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The application of good governance principles in public services is a crucial element in creating a transparent, accountable, effective, and participatory government system. One of the public services that is closely related to this is the issuance of duplicate Motor Vehicle Ownership Certificates (BPKB) by the Indonesian National Police through the Medan City One-Stop Integrated Administration System (Samsat). The background of this study is based on various problems in practice in the field, such as low information transparency, limited complaint systems, and the emergence of illegal levies that indicate the suboptimal implementation of good governance principles. This study aims to analyze how the implementation of good governance principles - which include transparency, accountability, effectiveness, efficiency, community participation, and the rule of law - in the process of issuing duplicate BPKBs at the Medan City Samsat. In addition, this study also identifies the obstacles faced and formulates recommendations for improving services based on good governance. The results of the study indicate that the implementation of good governance principles is still suboptimal. Information transparency is not evenly distributed, the complaint system has not been running effectively, digitalization of services is still limited, and community participation is not formally facilitated. The supremacy of law has also not been fully enforced, as indicated by the continued discovery of illegal levies. Therefore, suggested improvements include strengthening digitalization of services, training officers, developing monitoring and evaluation systems, and increasing socialization to the community. This study is expected to be a reference in improving the quality of professional and integrity-based public services.

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