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M. Guffar Harahap
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Jurnal Ilmu Hukum dan Keadilan
Published by CV. Barokah Publisher
ISSN : -     EISSN : 3124419X     DOI : -
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Jurnal Ilmu Hukum dan Keadilan E-ISSN: 3124-419X (media online) diterbitkan oleh CV. Barokah Publsiher secara berkala 3 kali dalam setahun (Januari, Mei, September) . Jurnal ini adalah jurnal yang bertemakan Ilmu Hukum, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran hasil penelitian orisinal, para akademisi yaitu mahasiswa maupun dosen yang belum pernah dipublikasikan pada media lainnya. Fokus dan lingkup penulisan (Focus & Scope) dalam Jurnal ini: Memfokuskan diri mempublikasikan artikel ilmiah hukum dengan topik-topik sebagai berikut: Hukum Islam Hukum Perdata Hukum Tata Negara; Hukum Administrasi; Hukum Pidana; Hukum Internasional; Hukum Acara; Hukum Adat; Hukum Bisnis; Hukum Kepariwisataan; Hukum Lingkungan; Hukum Dan Masyarakat; Hukum Informasi Teknologi dan Transaksi Elektronik; Hukum Hak Asasi Manusia; Hukum Kontemporer.
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Articles 44 Documents
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THE THEFT CASE AT PANAI HILIR POLICE SECTOR VIEWED JURIDICALLY IN RELATION TO ARTICLE 364 OF THE CRIMINAL CODE AND SUPREME COURT REGULATION NO. 2 OF 2012 Tree One Maret Ritonga; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Police Sector from a juridical perspective based on Article 364 of the Indonesian Criminal Code (KUHP) and Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of the Threshold for Minor Offenses and the Amount of Fines in the Criminal Code. The results of the study indicate that the implementation of Supreme Court Regulation Number 2 of 2012 in handling minor theft cases involving zinc at the Panai Hilir Police Sector has not been effective. This ineffectiveness is due to the limited understanding of law enforcement officers, the absence of explicit authority granted to investigators under the Regulation, the lack of technical guidelines at the police level, and a legal culture that remains formalistic. In addition, the provisions of Supreme Court Regulation Number 2 of 2012 normatively regulate the thresholds for minor offenses and the applicable mechanisms.
LEGAL ANALYSIS OF TRAFFIC VIOLATIONS BY A DRIVER CAUSING DEATH IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1785/PID.SUS/2025/PN MDN Andri Gunawan Hasibuan; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the research results and concluded that the law enforcement procedures for traffic violations that cause death based on Medan District Court Decision Number 1785 / Pid.Sus / 2025 / PN Mdn include the stages of handling at the scene of the crime, arrest and detention, investigation, determination of suspects, submission of case files to the public prosecutor, prosecution in court, court decision. Criminal liability for traffic negligence that causes the loss of life of another person in Decision Number 1785 is in the form of imprisonment for 4 years and 2 months. The judge's consideration in the case of traffic negligence that causes the loss of life of another person in decision number 1785 is quite appropriate. However, the proof of the element "Due to negligence resulting in a traffic accident" only uses evidence of the defendant's statement, while other evidence is not explained.
ANALYSIS OF THE PROOF OF THE ELEMENTS OF THE CRIME OF AGGRAVATED THEFT COMMITTED CONTINUOUSLY (A STUDY OF DECISION NO. 942/PID.B/2025/PN LBP) Ari Kuanda; Herlina Hanum Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the results of the study, it shows that the legal provisions for proving the elements of the crime of theft under aggravating circumstances carried out continuously (Case Study of Decision Number 942/Pid.B/2025/PN Lbp) have been determined in Articles 363 and 64 of the Criminal Code, Articles 183 to 189 of the Criminal Procedure Code. Obstacles to proving the elements of the crime of theft under aggravating circumstances carried out continuously are the limited accurate and strong evidence, the difficulty of proving the continuing and aggravating elements, negligence and incompleteness of the chronology of events. Solutions to proving the elements of the crime of theft under aggravating circumstances carried out continuously (Case Study of Decision Number 942/Pid.B/2025/PN Lbp) include requesting expert testimony, encouraging the collection of additional evidence, analyzing evidence comprehensively, comparing witness and suspect statements, using other supporting evidence, and reconstructing the incident.
THE ROLE OF THE MEDIA IN SHAPING PUBLIC PERCEPTIONS OF NARCOTICS TRAFFICKERS: A CASE STUDY OF DECISION NUMBER 1235/PID.SUS/2025/PN MDN Arjuna; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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This study aims to analyze the role of mass media in shaping public perceptions of drug dealers and its impact on the judicial process and judicial independence. The focus of the research is directed at mass media coverage of narcotics crime cases in Decision Number 1235/Pid.Sus/2025/PN Mdn, in which the defendant was sentenced to life imprisonment despite the public prosecutor demanding the death penalty. The findings indicate that mass media play a highly significant role in shaping public perceptions of drug dealers through mechanisms of framing and agenda setting. Media coverage, particularly that which emphasizes the large quantity of evidence and the disparity between the prosecutor’s demand and the judge’s decision, constructs a specific social reality that influences how the public understands narcotics cases. Such coverage has an indirect impact on the judicial process and perceptions of judicial independence. Although normatively and factually judges continue to render decisions based on the law and facts presented at trial, confrontational and sensational media framing has the potential to create moral pressure and affect public trust in judicial institutions. There is a correlation between the intensity and type of media framing and the level of public support for court decisions: the greater the intensity of coverage and the stronger the framing highlighting disparities between prosecutorial demands and judicial rulings, the greater the tendency for the public to be critical of or to reject judicial decisions. However, this correlation is social-communicative in nature and should not be interpreted as a causal relationship that binds judges in rendering their decisions.
JURIDICAL REVIEW OF THE CRIME OF AGGRAVATED THEFT COMMITTED CONTINUOUSLY (A STUDY OF DECISION NUMBER 1677/PID.B/2025/PN MDN) Bonifasius; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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aggravated theft committed as a continuing act, to examine the application of the provision on continuing acts (voortgezette handeling), and to analyze the judges’ considerations in rendering a decision in Case Number 1677/Pid.B/2025/PN Mdn. The results of the study indicate that the application of Article 363 paragraph (1) points 4e and 5e of the Indonesian Criminal Code (KUHP) to the defendant’s acts was appropriate, as all elements of the offense of aggravated theft were proven lawfully and convincingly. In addition, the application of Article 64 paragraph (1) of the KUHP concerning continuing acts was also correct, given the existence of unity of intent, similarity of acts, and a relatively short interval between the acts. The judges’ considerations in rendering the decision took into account evidentiary aspects, principles of criminal law, and the objectives of sentencing, such that the decision reflects legal certainty, justice, and utility. Accordingly, Decision Number 1677/Pid.B/2025/PN Mdn can be legally justified.
JUDICIAL CONSIDERATIONS IN THE CRIME OF ASSAULT (A STUDY OF DECISION NUMBER 327/PID.B/2024/PN SRH) Darman Hasibuan; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the research results, it shows that the legal provisions for criminal acts of assault based on the Criminal Code have been regulated in general for anyone who commits criminal acts of assault, namely Article 351 of the Criminal Code, Article 352, Article 351, Article 354, and Article 355. The punishment for the motorcycle gang who committed the crime of assault in the Sei Rampah District Court decision Number 327 / Pid.B / 2024 / PN Srh is appropriate if it refers to the article charged by the public prosecutor, namely Article 351 paragraph (1) of the Criminal Code. The judge's legal considerations in sentencing the motorcycle gang who committed assault based on decision number 327 are appropriate, namely proving the element of "whoever" using evidence of witness and defendant testimony that corresponds to the defendant's identity, proving the element of "intentionally committing assault" using evidence of witness testimony, victim, defendant, Visum et Repertum letter No. 287 / IV / RSUM / 2024.
JURIDICAL ANALYSIS OF THE IMPOSITION OF SEVERE PUNISHMENT ON NARCOTICS COURIERS IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1238/PID.SUS/2025/PN MDN Didit Susanto; Bonanda Japatani Siregar
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Imposing serious penalties on narcotics couriers based on Decision Number 1238/Pid.Sus/2025/PN Mdn consist of a trial process based on Article 145 to Article 190 of the Criminal Procedure Code and a decision process based on Article 191 to 202 of the Criminal Procedure Code. Factors that influence the imposition of serious penalties on narcotics couriers in Decision Number 1238 are the quantity and type of narcotics, the role and motivation of the suspect, the involvement in organized crime, the severity and social impact, the defendant's history of actions, the honesty and cooperation of the suspect, and the threat of punishment and applicable legal provisions. The judge's legal considerations in determining serious penalties for narcotics couriers in Decision Number 1238/Pid.Sus/2025/PN Mdn are appropriate because the elements of Article 114 paragraph (1) of Law No. 35 of 2009 concerning Narcotics have been fulfilled.
LEGAL STUDY ON THE IMPLEMENTATION OF CLOSE SUPERVISION BASED ON PERKAP NO. 2 OF 2022 AT THE DELI SERDANG CITY POLICE Gusti Abi Mahyu; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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This study aims to examine the implementation of inherent supervision based on Regulation of the Chief of the Indonesian National Police Number 2 of 2022 at the Deli Serdang City Police, to identify factors that hinder its effectiveness, and to formulate solutions to violations occurring in its implementation. The implementation of inherent supervision based on Regulation Number 2 of 2022 at the Deli Serdang City Police has, in principle, been carried out in accordance with the applicable normative provisions. Supervision is conducted by direct superiors through guidance, monitoring, evaluation, and coaching of subordinates. The mechanism of inherent supervision has been implemented in a tiered manner and emphasizes a preventive approach as regulated in the Regulation. Nevertheless, its implementation has not been fully consistent and continuous across all work units. This indicates that although the Regulation has been used as a guideline, its implementation still requires strengthening. Solutions to violations of Regulation Number 2 of 2022 at the Deli Serdang City Police can be pursued through strengthening guidance, increasing consistency in supervision, and enforcing discipline in a tiered and proportional manner.
JURIDICAL ANALYSIS OF THE ROLE OF CRIMINAL INTENT (MENS REA) IN THE PROOF OF NARCOTICS OFFENSES IN DECISION NUMBER 395/PID.SUS/2025/PN STB Tulus Halomoan Simanjuntak; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the results of the study, it shows that the legal regulation of attempted criminal acts or conspiracy in narcotics crimes is regulated in Article 132 of Law Number 35 of 2009 concerning Narcotics. The position of mens rea proof in narcotics crime cases is very important, strategic and fundamental because it directly affects justice and the success of law enforcement. The judge's consideration of the mens rea element in trying narcotics crimes in Decision 395 / Pid.Sus / 2025 / PN Stb has been carried out and is appropriate because it is based on evidence of witness statements, defendant statements, written evidence explaining that the weight of narcotics exceeds 5 grams, and truly contains Methamphetamine and is registered in Class I (one). The defendant's statement stated that the discovery of class I narcotics was for selling them.
JURIDICAL ANALYSIS OF THE APPLICATION OF PUNISHMENT AGAINST PERPETRATORS OF GAS CYLINDER THEFT WITH AGGRAVATING CIRCUMSTANCES (A CASE STUDY OF DECISION NUMBER 204/PID.B/2025/PN BINJAI) Herbert Jonson Leydeker Silaban; Herlina Hanum Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the results of the study, it shows that the qualifications for aggravated gas cylinder theft reviewed from the Indonesian Criminal Code can be distinguished into ordinary theft and aggravated theft. The judge's consideration of proving the elements of the crime of aggravated gas cylinder theft in decision number 204 / Pid.B / 2025 / PN Binjai has been done well, but there are still shortcomings such as only based on evidence in the form of CCTV recordings, 60 gas cylinders, 1 navy blue t-shirt 1 batik patterned pants worn by the defendant when committing the theft, and the testimony of witnesses who did not see and hear directly the event and only witnessed based on CCTV recordings. Obstacles and constraints in applying criminal penalties to perpetrators of aggravated gas cylinder theft in decision number 204 / Pid.B / 2025 / PN Binjai include the problem of strong evidence, the perpetrator's socio-economic factors, limitations of surveillance technology, as well as aspects of policy and resources of law enforcement officers.

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