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Journal Recht
Published by Universitas Quality Berastagi
ISSN : 29637031     EISSN : 28298977     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Recht (JR) adalah jurnal ilmiah berkala yang diterbitkan oleh Program Studi Hukum Universitas Quality Berastagi secara berkala yang akan diterbitkan dua kali dalam setahun, yakni bulan Maret dan September. Journal Recht (JR) menjadi sarana publikasi artikel temuan penelitian asli dan atau artikel analisis. Bahasa yang digunakan jurnal adalah bahasa Indonesia dan Bahasa Inggris. Ruang lingkup tulisan harus relevan dengan disiplin keilmuan rumpun ilmu hukum yang mencakup Hukum Perdata, Hukum Pidana, Hukum Acara, Hukum Ekonomi dan Bisnis, Hukum Internasional, Hukum Adat, Hukum Konstitusional, Hukum Administratif, Hukum Syariat Islam, Prinsip Dasar Yurisprudensi, Hukum Tata Negara dan bidang ilmu hukum lainnya. Aspirasi wawasan regional, nasional maupun internasional terwadahi dalam karya asli yang mendasar ( fundamental ) namun memiliki unsur kebaruan ( updated ) sehingga karya yang dihasilkan merupakan hasil penalaran sistematis, relevan dan memiliki kontribusi tinggi terhadap pembangunan ilmiah bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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PENCEGAHAN PEREDARAN GELAP NARKOTIKA DI WILAYAH HUKUM SUMATERA UTARA Deddy Z Harahap; Alpi Sahari; Ahmad Fauzi
Journal Recht (JR) Vol. 1 No. 1 (2022): Journal Recht (JR)
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Based on the data obtained that the majority of correctional facilities in prisons are 70% of the perpetrators ofcriminal acts of narcotics abuse who believe that the perpetrators of crime (vijtim) namely victims and drugaddicts, this illustrates that the level of narcotics abuse has increased from year to year. The interesting thingin narcotics crime is legal protection for victims of narcotics abuse, because there must be victims of crime. Thepurpose of this study was to analyze the role of the North Sumatra Regional Police Directorate of Drugs inpreventing narcotics illicit trafficking and the obstacles of the North Sumatra Regional Police NarcoticsDirectorate in preventing illicit trafficking of narcotics. The results of this study indicate that the obstaclesexperienced by the drug directorate are internal and external barriers which include the non-optimalmechanism for the implementation of the prevention of illicit drug trafficking both demand reduction, supplycontrol, and harm reduction, therefore systematic and conceptual steps need to be taken throughimplementation of directing, devolving, coordinating, and controlling. Efforts made by the North SumatraRegional Police Directorate still need to be developed both at the primary prevention, secondary preventionand secondary prevention and tertiary prevention stages. structuring information technology, empoweringNGOs and community components, as well as making efforts to prevent the illicit circulation of narcotics.
Kebijakan Kriminal Pertanggungjawaban Pidana Terhadap Anak Korban Konten Pornografi Nadhya Puti Lenggo Geni; Alpi Sahari; Ahmad Fauzi
Journal Recht (JR) Vol. 1 No. 1 (2022): Journal Recht (JR)
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Cases of children as victims of pornographic content have occurred in Surabaya, which has disturbed manyparties. The perpetrators of the distribution of pornographic content are then subject to imprisonment. Childrenas victims of pornographic content should actually be considered more than the perpetrators. Therefore thePolice PPA unit must be able to provide protection for the child. This research is a normative legal research,which is descriptive in nature, with the source of the data used is secondary data sources, data collectiontechniques through literature study, and analyzed with qualitative analysis. Based on the results of the study itwas found that the perspective of the ITE Law, against the existence of pornographic content involving childrenviolated Article 27 paragraph (1) of the ITE Law because it helped spread pornographic content so that it couldbe seen by the wider community. Article 4 paragraph (1) of Law Number 44 Year 2008 concerning Pornographyclearly prohibits child pornography. Article 52 of the ITE Law states that criminal offenses involving decencyor sexual exploitation of children are subject to burdens such as those of the principal crime. Whereas thecriminal policy carried out by the Medan PPA Polrestabes Unit in handling cases of child victims ofpornographic content is by applying Government Regulation Number 40 of 2011 concerning Development,Assistance, and Recovery Against Children who are Victims or Perpetrators of Pornography, namely restoringthe rights of children who are victims .
Tinjauan Hukum Pidana Pada Kasus Laka Lantas Atas Dampak Kerusakan Jalan Selvin Triansih; Surya Perdana; Alpi Sahari
Journal Recht (JR) Vol. 1 No. 1 (2022): Journal Recht (JR)
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Accidents often occur on the highway, apparently not only due to driver factors and natural factors, but also because of the number of damaged roads such as potholes, cracks, uneven surface of the road, which can cause casualties for motorists. Many cases of death of motorists because they avoid potholes, causing loss of life and property of the government as the organizer of the road should be held liable for criminal liability for negligence to repair the road. This study aims to analyze the legal protection of motorized motorists who experience accidents due to the impact of road damage and the accountability of road organizers in the case of traffic accidents due to the impact of road damage. The results of this study indicate that the legal protection for motorized motorists who have accidents due to the impact of road damage is based on the formulation of Law Number 22 Year 1999 concerning Road Traffic and Transportation Article 240 letter b, which becomes the accident victims of road traffic can file a lawsuit against the party that caused the loss, that the criminal liability of the road operator against victims due to road damage, in Law Number 22 Year 2009 concerning Traffic and Road Transportation in principle, the organizer of traffic and road transportation is the responsibility of the state.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEKERASAN FISIK DALAM RUMAH TANGGA ( Studi P2TP2A Provinsi Sumatra Utara ) Maria Ferba Editya S, SH, MH
Journal Recht (JR) Vol. 1 No. 1 (2022): Journal Recht (JR)
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Violence against women and children is a violation of human rights. The integrated services centre of the women and children empowerment (Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak/P2TP2A) is an integrated activity founded Ministry of women empowerment and child protection and provide services for the Indonesian people, mainly women and children victims of violence acts. The purpose of this research is to know the service of process in P2TP2A given to women victims of domestic violence and P2TP2A efforts in tackling domestic violence. The research method used the juridical sociological. data collection is done by observation, interview and documentation as well as literature-related literature. Researchers took samples from Sumatera Utara P2TP2A because P2TP2A is a pilot project of P2TP2A in other districts.Then analyzed in descriptive qualitative.From the above research it can be concluded that the role of the integrated services centrethe empowerment of women and children (P2TP2A) in addressing domestic violence is very effective and in accordance with the mandated in the Act No. 23 years 2004 on the Elimination of Domestic Violence.
Penerapan Sanksi Pidana Kepada Anak Dibawah Umur Pemakai Narkotika (Studi Pada Polrestabes Medan) Dimas Adit Sutono; Alpi Sahari; Surya Perdana
Journal Recht (JR) Vol. 1 No. 1 (2022): Journal Recht (JR)
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Drug abuse is no longer a victimless crime but is already a crime that takes many victims and a prolonged disaster. Drug abuse in Indonesia is increasingly showing concern because many people who are not for health reasons are suspected of actively using narcotics. The research method in this study using the normative approach. i.e. conducts library research by researching and collecting library materials specifically relating to laws and regulations and books relating to law and narcotics, as well as field research conducted by observations observations and direct interviews with related objects. The results of this study show that: first, the legal regulation on drugs Law No. 35 of 2009 concerning Narcotics. Efforts to protect children's law are governed by various laws and regulations. Second, the factors causing the occurrence of criminal acts of drug abuse by children are caused by: age factors, wrong views, lack of religion in the child, family, economy, and environmental factors. Enforcing the law for children who commit narcotics drug offenses, the Polrestabes is striving for preventive and repressive measures, the police in Medan have also cooperated in conducting investigations into cases of drug abuse by children. Third, the role of Medan Polrestabes in eradicating drug crimes is carried out, namely; by way of countermeasures by reasoning (criminal law) and efforts to counteract secaranon penal.
UPAYA KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR RODA DUA (STUDI KASUS : POLRES TANAH KARO) Agra Putra Riady Purba; Maria Ferba Editya S; Rayani Saragih
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study discusses the police's efforts in tackling the crime of theft of two-wheeled motorized vehicles (case study: Polres Tanah Karo).. The type of legal research carried out in a normative juridical manner is a normative juridical where the law is conceptualized as what is written in laws and regulations (law in books) or the law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate. This normative legal research is based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. The results of this study indicate that the cause of motorcycle theft in Tanah Karo is caused by two factors, namely internal factors where internal factors include intelligence, age and economy. And external factors include association and education. efforts to improve the obstacles faced by the Tanah Karo Police in dealing with criminal acts of motor vehicle theft, it is hoped that the number of motor vehicle theft crimes that occur at the Tanah Karo Police Station can decrease. Because the obstacles faced by the Tanah Karo Police can be corrected with the efforts that have been described in the improvement efforts carried out by the Karo Tanah Karo Police. in accordance with the objectives of crime or crime prevention. The aim is to create an atmosphere of society free from physical and psychological disorders, an atmosphere free of worries, doubts, and fears, as well as a sense of certainty and obedience to the law, a community atmosphere that feels protection from all kinds of dangers, an atmosphere of peace and tranquility
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN 1 (Studi Putusan Pengadilan Negeri Kabanjahe Nomor. 146/Pid.Sus/2020/Pn Kbj) Emilia Fedika; Maria Ferba Editya S; Rayani Saragih
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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The factors that influence the occurrence of criminal acts of narcotics abuse, to find out the application of material criminal law regarding the criminal act of narcotics abuse Group 1 based on the decision of the Kabanjahe District Court Number. 146/Pid.Sus/2020/Pn Kbj and to find out the judge's considerations in imposing criminal sanctions against the criminal act of Narcotics abuse Group 1 based on the decision of the Kabanjahe District Court Number. 146/Pid.Sus/2020/Pn Kbj. The data collection technique used in this study was by means of a study of literature and analyzed qualitatively. The results achieved in this study indicate that, the factors that influence the occurrence of narcotics abuse crimes committed by the defendant can be seen by the presence of internal factors and external factors, the application of material criminal law by the judge to the criminal act of Narcotics Abuse of Category I type of methamphetamine in the decision Number. 146/Pid.Sus/2020/Pn Kbj is correct where the public prosecutor uses Article 114 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics in conjunction with Article 132 paragraph (1), and Article 112 paragraph (1) of the Law -Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics in conjunction with Article 132 Paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and legal considerations by judges on the criminal act of Narcotics Abuse of Category I in imposing a sentence is correct because the Judge in case Number I . 146/Pid.Sus/2020/Pn Kbj imposed a sentence based on the testimony of witnesses, the testimony of the defendant, and evidence
TINDAK PIDANA KEKERASAN TERHADAP ISTRI DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI PUTUSAN PENGADILAN NEGERI KABANJAHE NO. 128/PID.SUS/2016/PN KBJ) Omega Satrio Ginting; Maslon Hutabalian; Rayani Saragih
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study discusses the Crime of Violence Against Wives in the Household According to Law no. 23 of 2004 concerning the Elimination of Domestic Violence (Study of the District Court of Kabanjahe No. 128/Pid.Sus/2016/Pn Kbj. The purpose of this study is to determine the provisions governing criminal acts of domestic violence and obstacles in law enforcement of acts of domestic violence). criminal acts of violence against wives in the household and to find out the law enforcement against domestic violence based on the study of decision No.128/Pid.Sus/2016/PN Kbj Kabanjahe District Court.This type of legal research is carried out by normative juridical methods, namely legal research conducted by examining materials literature or secondary data as the basic material to be researched by conducting a search of the regulations and literature relating to the problem under study. The results of this study indicate that the provisions of Law Number 23 of 2004 concerning domestic violence not only protect husbands or wives, but also protect all family members who live in one house, including a housemaid. Elimination of domestic violence is a guarantee given by the state to prevent domestic violence, take action against perpetrators of domestic violence, and protect victims of domestic violence
PERANAN KEPOLISIAN TANAH KARO DALAM UPAYA PENANGGULANGAN DAN KEWENANGAN TERHADAP TINDAK PIDANA NARKOBA (STUDI POLRES TANAH KARO) Saifullah; Rayani Saragih; Maria Ferba Editya S
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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This study aims to determine the role of the Tanah Karo Police in efforts to overcome and have authority over drug crimes, to find out what are the obstacles to the Tanah Karo Police in dealing with drug crimes and to find out the efforts of the Tanah Karo Police to enforce the law for drug dealers. The data collection technique used in this research is library research, namely by collecting data and information in the form of books, scientific articles, laws and regulations and data analysis using qualitative analysis, which is an analysis that describes or describes the the efforts made by the Tanah Karo Police in an effort to overcome and have authority over narcotics crimes, carry out socialization about the dangers of narcotics in schools, appeal to and invite youth in positive activities outside school hours and put up banners warning about the dangers of narcotics, the obstacles faced by the drug detective unit at the Tanah Karo Police in dealing with crime. Narcotics crime comes from internal and external obstacles and the efforts of the Tanah Karo Police in enforcing the law for drug dealers, namely by making repressive efforts (actions).
TINJAUAN HUKUM TERHADAP PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) BERDASARKAN PERATURAN MANTERI AGRARIA DAN TATAT RUANG KEPALA BADAN PERTANAHANAN NASIONAL NO.6 TAHU 2018 DI BPN KABUPATEN KARO Yuda Efrimsa; Maslon Hutabalian; Maria Ferba Editya S
Journal Recht (JR) Vol. 1 No. 2 (2022): Journal Recht (JR)
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Legal Review of the Implementation of Complete Systematic Land Registration (PTSL), To find out the Legal Review of the Implementation of Complete Systematic Land Registration based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 6 of 2018 at the ATR/BPN Land Office of Karo Regency and to find out obstacles in Implementation of Complete Systematic Land Registration (PTSL) at the ATR/BPN Land Office of Karo Regency and Implementation of PTSL in Spatial Planning for the Community. The data collection technique used in this study was by means of a study of literature and analyzed qualitatively. The results of this study indicate that the implementation of PTSL has several activities that are combined with other activities or programs including cross-sectoral certificate programs, mass self-help certification programs, mass redistribution programs of landform objects, land consolidation, and transmigration and other mass certification programs or a combination of several program of activities stated in the law. Barriers to the implementation of complete systematic land registration (PTSL) are caused by technical and legal factors as well as the function of implementing PTSL in spatial planning for the community, including technical barriers, legal barriers, and community customary factors

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