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Ismed Batubara
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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 55 Documents
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PERAN KEPOLISIAN DALAM PENERAPAN HUKUM PIDANA TERHADAP ANAK DIBAWAH UMUR SEBAGAI PELAKU PENGGUNA NARKOBA (Studi Kasus Polda Sumatera Utara) Yeltriana, Ricky Hermawan Ginting,
NERACA KEADILAN Vol. 4 No. 2 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

Drugs are currently one type of social pathology that is very worrying because in addition to being contrary to morals and laws, including health, physical and spiritual development of young people. But more worrying for many people and many countries is that drug abuse has grown into one of the elements and symbols of a new lifestyle. Drug abuse is currently not only dominated by adults, but also found drug users who are stilli n junior high school and high school. This legal problem concerns the role of law enforcement officers, especially the police whose existence is very important in society. The purpose of this study is to determine the role of the police in handling cases of minors asdrugperpetratorsandtofindoutwhatobstaclesarefacedbythe police in handling drug crime cases committed by children in the North Sumatra area. This type of research is qualitative and usesnormativeand empirical designs. Theresults of this study are that the role of the police in handling drug crime cases is started from several efforts, namely "Preemptive" efforts or actions or strategies carried out first to prevent by providing counseling, installing banners about the dangers of drugs, and working together with the community and Bhabinkamtibmas. Then, preventive efforts are control measures taken to prevent or reduce the possibility of criminal acts, for example, routine patrols, and the last is repressive efforts, namely efforts to take action after the crime has occurred. In handling drug crime casescommitted by police children, they also face several obstaclesin termsof the time of the investigation process, lack of public awareness and lack of family role.
PERLINDUNGAN HUKUM BAGI SATUAN GEGANA BRIMOB POLRI DALAM PENANGANAN KEJAHATAN BERBASIS SENJATA API DAN BAHAN PELEDAK (Studi Kasus Polda Sumatera Utara) Mikhael Sinaga
NERACA KEADILAN Vol. 4 No. 2 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

The Gegana Unit of the Mobile Brigade (Brimob) of the Indonesian National Police is a special force that plays a strategic role in handling high-risk crimes, such as the use of firearms and explosives that threaten national security. The complexity and dangers inherent in these tasks demand clear and effective legal protection for each personnel involved. However, in practice, the existing legal protections are often not optimally implemented, potentially creating legal dilemmas in the field. This study aims to analyze the legal regulations governing the protection of the Gegana Unit, identify obstacles in their implementation, and formulate efforts to strengthen legal protection for Gegana personnel in the performance of their duties. The research uses a juridical-empirical method with a qualitative approach. Data were collected through interviews with Gegana Brimob officers in North Sumatra Regional Police, literature studies on relevant regulations, and direct observation of operational practices. The results show that legal protections are normatively provided under various regulations, such as Law No. 2 of 2002 and Emergency Law No. 12 of 1951. However, implementation still faces obstacles such as lack of legal understanding among personnel, non-adaptive standard operating procedures (SOPs), and public and media pressure. Improvement efforts have been made through legal training, SOP revisions, legal assistance, and operational documentation digitalization. This study recommends strengthening inter- institutional synergy and preventive legal education to ensure more effective and comprehensive legal protection for the Gegana Unit.
KAJIAN HUKUM TENTANG PENYELESAIAN TINDAK PIDANA ANAK BERDASARKAN DIVERSI POLRESLABUHANBATUSELATAN Barryansyah Daulay
NERACA KEADILAN Vol. 4 No. 2 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

The background of this research is to examine the implementation of child diversion at the South Labuhan Batu Police Resort, including the mechanisms, obstacles encountered, and efforts made to overcome these obstacles. Therefore, this study uses normative juridical research using empirical data obtained in the field. The research findings are the stages of diversion implementation at the South Labuhan Batu Police Resort, through the identification and initial investigation stages. After a case involving a child is received, investigators will conduct an investigation considering the child's best interests. Then, there is the diversion deliberation: Investigators facilitate deliberation to reach an agreement between the relevant parties. Once an agreement is reached, the results are submitted to the court. The obstacles faced in implementing diversion as a form of resolving juvenile crimes at the South Labuhan Batu Police Station include legal regulations that do not fully support the Juvenile Criminal Justice System Law which still needs to be refined. Negative perceptions often arise, with the public often holding negative views of the diversion mechanism, thus perceiving it as a form of injustice or impunity. Other factors include limited skilled human resources due to rotation of duties and limited mediation facilities or space, which leads to long queues. To overcome these obstacles, the involvement of Bhabinkamtibmas (Community Police Officers) in the case resolution process is necessary, facilitating a community approach and peaceful resolution at the local level. Furthermore, outreach to internal law enforcement officers and the general public regarding the importance of handling children differently from adults and the benefits of restorative justice to avoid stigmatization of children is also needed. Furthermore, implementation of the Republic of Indonesia National Police Regulation (Perkap) Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice is crucial. Finally, coordination with stakeholders through mitigation meetings for criminal cases against children and women is crucial for prompt handling and ensuring that the implementation of diversion meets the stipulated requirements.
PERLINDUNGAN HUKUM TERHADAP PEMILIK TANAH DARI PIHAK YANG MENGAMBIL TANAH SECARA ILEGAL DI KABUPATEN TAPANULI TENGAH Mahmud Effendi, Bonanda Japatani Siregar
NERACA KEADILAN Vol. 5 No. 1 (2026): NERACA KEADILAN
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Abstract

While Indonesian agrarian law guarantees protection of land rights, the reality on the ground shows that land conflicts still frequently occur, both between individuals, individuals and corporations, and between communities and the government. One of the most prominent problems is the rampant illegal land acquisitions, where parties lacking legal grounds take control of others' land through illegitimate means, such as document forgery, intimidation, and even physical violence. Several cases have occurred where outsiders have obtained land title certificates for plots of land long occupied by local residents simply because of connections with National Land Agency (BPN) officials or through non-transparent administrative transactions, practices of manipulating legal and physical data in land registration, resulting in dual ownership status that ultimately triggers legal disputes. The objectives of this study are: a) What is the legal protection for landowners from illegal land acquisitions in Central Tapanuli Regency? b) What is the legal protection for landowners from illegal land acquisitions in Central Tapanuli Regency? What are the factors causing illegal land acquisition in Central Tapanuli Regency and c). How are land disputes resolved between legal owners and those who control them illegally? The research findings are that legal protection for land owners has been regulated in the UUPA and other statutory provisions. However, sociological facts have found various factors that cause legal protection to be ineffective due to legal certainty factors where the owners from generation to generation cannot prove the legitimacy of their land while illegal land owners by exploiting their financial power and corrupt BPN employees collude so that ownership certificates are issued which ultimately lead to disputes. Other factors include the low legal awareness of the community in managing land ownership which affects the data available at the BPN, as well as land administration that is still not organized and weak supervision and no synergy with village or sub-district heads. For legal certainty regarding disputes arising from illegal land ownership, settlement can be carried out through litigation and non-litigation, both of which have advantages and disadvantages. Because Indonesia still recognizes customary law as living law, there must be a division of dispute resolution into customary courts (mediation) and state courts (PN or PTUN). One of the most fundamental preventive measures is strengthening the land registration system. Systematic and comprehensive land registration can provide legal certainty regarding land ownership status, thereby minimizing overlapping rights. Land registration programs such as the Complete Systematic Land Registration (PTSL) implemented by the government are concrete efforts to create an accurate and integrated land database.
PERLINDUNGAN HUKUM TERHADAP DEBITUR DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) SEBAGAI UPAYA PENCEGAHAN KEPAILITAN (Studi Putusan No. 8/Pdt.Sus-PKPU/2025 PN Niaga Medan) Lambaik Manalu, Bonanda Japatani Siregar
NERACA KEADILAN Vol. 5 No. 1 (2026): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

The Suspension of Debt Payment Obligations (PKPU) is a legal instrument aimed at providing protection to debtors to avoid bankruptcy through debt restructuring with creditors. However, in practice, the effectiveness of legal protection for debtors in the PKPU process still faces various obstacles, both from the legal, economic, and sociological aspects. This study aims to analyze the form of legal protection for debtors in the PKPU process, identify factors that influence the effectiveness of such protection, and examine the legal implications of Decision Number 8/Pdt.Sus-PKPU/2025/PN Niaga Medan on business continuity and debtor good faith. The research method used is normative legal research with a statutory approach and a case approach. The data used are primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study indicate that legal protection for debtors in PKPU has been normatively regulated through the provision of a suspension period, the opportunity for debt restructuring, and protection from creditor execution actions. However, its effectiveness is influenced by several key factors, namely the quality of regulations, the integrity of law enforcement officials, the debtor's good faith, the dominance of creditor interests, and the debtor's economic condition. In the context of Decision Number 8/Pdt.Sus-PKPU/2025/PN Niaga Medan, it was found that the decision has multidimensional legal implications: it provides room for business rescue for debtors, but also requires evidence of real good faith in fulfilling debt repayment obligations.

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