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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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JURIDICAL ANALYSIS OF POLICE REGULATION NUMBER 6 OF 2023 CONCERNING POLICE RECORD CERTIFICATES (SKCK) AT THE DELI SERDANG CITY POLICE Imam Hadi Mulia; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

This study aims to analyze the legal regulation concerning the addition of BPJS Health membership as a requirement in the issuance of a Police Clearance Certificate (SKCK), to review this policy from the perspective of state administrative law in terms of legality and the protection of citizens’ constitutional rights, and to examine the juridical and social implications of its implementation at the Deli Serdang City Police (Polresta Deli Serdang). The location for data collection in this study was Polresta Deli Serdang. Data were collected through document study. The data sources used in this research were secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research method employed was normative legal research using a statutory approach and a conceptual approach. Data analysis in this legal research was conducted using qualitative analysis. The results of the study indicate that, formally, the addition of BPJS Health membership as a requirement has a legal basis; however, substantively, it raises issues related to the principles of proportionality, justice, and non-discrimination in public services. The implementation of this policy also affects public access to SKCK services, particularly for lower- and middle-income groups. Therefore, policy evaluation and regulatory harmonization are necessary to ensure that the provision of public services continues to guarantee legal certainty and the protection of citizens’ rights.
THE CRIME OF AGGRAVATED THEFT COMMITTED CONTINUOUSLY (A CASE STUDY OF DECISION NUMBER 942/PID.B/2025/PN LBP) Khairul Sitepu; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

The research findings indicate that the legal provisions for the crime of aggravated theft committed continuously are stipulated in Articles 362, 363, and 64 of the Criminal Code. The Public Prosecutor's indictment against the perpetrator of aggravated theft committed continuously in Decision Number 942/Pid.B/2025/PN Lbp has fulfilled the formal requirements, while the material requirements have partially not been met. The judge's legal considerations regarding the elements of the crime of theft, aggravating circumstances, and continued acts in Decision Number 942/Pid.B/2025/PN Lbp are appropriate, namely, the legal considerations that conclude that the elements have been fulfilled based on the evidence of witness testimony, the defendant's statement, and indicative evidence are appropriate in accordance with Article 184 of the Criminal Procedure Code.
JURIDICAL ANALYSIS OF EVIDENCE IN THE CRIMINAL ACT OF AGGRAVATED ASSAULT (CASE STUDY OF DECISION NUMBER 208/PID.B/2025/PN BNJ) Wahyudi; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

assault according to the provisions of the applicable criminal law consists of the Court summoning witnesses and victims to provide testimony at the trial, the Court conducting physical evidence testing, examination and response of the defendant to defend himself and respond to the evidence presented, the Court assessing witness testimony, physical evidence, and other documents to ensure the truth of the facts. The analysis of evidence for the crime of serious assault in the Decision of the Binjai District Court Number 208 / Pid.B / 2025 / PN Bnj has been carried out correctly by the panel of judges. Criminal liability for the perpetrator of serious assault in the Decision of the Binjai District Court Number 208 / Pid.B / 2025 / PN Bnj is liability with a prison sentence of 5 years because it has been legally and convincingly proven to have committed acts of serious assault against the victim. The defendant's actions were carried out consciously, not under duress or without justification.
JURIDICAL ANALYSIS OF JUDICIAL CONSIDERATIONS IN NARCOTICS OFFENSES (CASE STUDY NUMBER 1838/PID.SUS/2025/PN MDN) Tohom Reymond; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Category I narcotics based on Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics; to analyze the judges’ considerations in imposing criminal sanctions from the perspective of the individualization of punishment and the principle of justice; to examine the implementation of the principle of proportionality in sentencing and its impact on combating narcotics crimes; and to identify obstacles in the application of criminal law along with efforts to overcome them. The results of the study show that all elements of Article 114 paragraph (1) have been lawfully and convincingly fulfilled. The judges’ considerations in imposing punishment reflect the application of the principle of individualization of punishment and the principle of justice. The implementation of the principle of proportionality in sentencing is carried out by balancing the objectives of retribution, deterrence, and rehabilitation. The main obstacles in the application of narcotics criminal law lie in the limitations of proving distribution networks and a sentencing approach that remains predominantly repressive. Therefore, more comprehensive and equitable sentencing policies are required in combating narcotics crimes
ANALYSIS OF THE DIFFERENCES IN THE PUBLIC PROSECUTOR’S CHARGES AGAINST NARCOTICS DEALERS (A STUDY OF DECISION NUMBER 1178/PID.SUS/2025/PN MDN AND DECISION NUMBER 1478/PID.SUS/2025/PN MDN) Teguh Tri Setiawan; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Narcotics sellers in Decision Number 1178 / Pid.Sus / 2025 / PN Mdn and Decision Number 1478 / Pid.Sus / 2025 / PN Mdn consists of different weight of evidence, different location and time of arrest of the defendant, the demands are also different, namely 9 years with 7 years. The factors causing the disparity in prosecutors' demands in narcotics sales cases in Decision Number 1178 / Pid.Sus / 2025 / PN Mdn and Decision Number 1478 / Pid.Sus / 2025 / PN Mdn are the factors of legislation that do not limit with certainty, factors of aggravating and mitigating factors. The impact of the disparity in the prosecutor's demands on law enforcement and justice for the defendant in Decision Number 1178 and Decision Number 1478 is that it can reduce the sense of justice and public trust in the criminal justice system, as well as hinder efforts to eradicate narcotics effectively and fairly.
ANALYSIS OF THE JUDGE’S DECISION IN THE CRIMINAL ACT OF EMBEZZLEMENT COMMITTED BY A CASHIER (ANALYSIS OF THE MEDAN DISTRICT COURT DECISION NUMBER 1207/PID.B/2025/PN MDN) Tedi Permadi; Nelvitia Purba
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Based on the results of the study, it shows that the legal regulations related to the crime of embezzlement committed by the cashier are regulated in Article 374 of the Criminal Code concerning the Crime of Embezzlement with Aggravation and are threatened with a maximum imprisonment of five years. The proof of the elements of the crime of embezzlement committed by the cashier in the Medan District Court Decision Number 1207 / Pid.B / 2025 / PN Mdn is appropriate, namely the proof of the elements has been proven based on evidence of witness testimony, evidence of the defendant's testimony, and evidence of indications. The judge's consideration of the case of the crime of embezzlement committed by the cashier in the Medan District Court Decision Number 1207 / Pid.B / 2025 / PN Mdn is appropriate because it is in accordance with Article 184 of the Criminal Procedure Code.
JURIDICAL ANALYSIS OF THE APPLICATION OF ARTICLE 170 PARAGRAPH (1) OF THE INDONESIAN CRIMINAL CODE IN THE CRIME OF COLLECTIVE VIOLENCE (A STUDY OF DECISION NUMBER 1935/PID.B/2025/PN MDN) Taslim; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Criminal Code (KUHP) in the crime of collective violence, to examine the legal construction of violence committed by joint force from the perspective of positive Indonesian criminal law, and to analyze the legal reasoning of judges in rendering a decision in Case Number 1935/Pid.B/2025/PN Mdn. The results of the study show that the application of Article 170 paragraph (2) point 1 of the KUHP, which provides for a maximum imprisonment of seven years if the offender intentionally damages property or if the violence used results in injuries, has been carried out appropriately, as all elements of the offense were proven lawfully and convincingly. The legal construction of the crime of violence committed by joint force places the element of collective action as the primary aggravating factor without requiring a detailed division of roles. The judges’ legal considerations in this case reflect a balance between juridical, sociological, and philosophical aspects, taking into account the protection of victims, the social impact of the act, and fairness for the defendants. Accordingly, the decision can be legally justified and reflects the objectives of sentencing within the framework of positive Indonesian criminal law.
JUDICIAL CONSIDERATIONS REGARDING THE CRIMINAL ACT OF STREET ROBBERY (IN THE CASE OF DECISION NUMBER 380/PID.B/2025/PN MDN) Syadar Saragih; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Street robbery (begal) is a form of street crime that increasingly disturbs the public because it is carried out through violence or threats of violence in public spaces. In Indonesian positive criminal law, begal is not regulated as a separate offense, but is classified as theft with violence as stipulated in Article 365 of the Indonesian Criminal Code (KUHP). This study aims to analyze the legal construction of the crime of begal and to examine the judge’s legal considerations in Decision Number 380/Pid.B/2025/PN Mdn using a normative legal research method based on statutory, case, and conceptual approaches. The results of the study show that the legal construction of the crime of begal is formed by the elements of theft, violence or threats of violence, and aggravating circumstances as regulated in Article 365 paragraph (2) of the KUHP. In Decision Number 380/Pid.B/2025/PN Mdn, the panel of judges analyzed all elements of the offense systematically based on the facts revealed at trial and valid evidence. The judges’ considerations in rendering the decision reflect the principles of justice, legal certainty, and expediency through consistent and transparent application of the law, as well as the imposition of a proportional sentence that takes into account the interests of the victim and the rights of the defendant.
ANALYSIS OF JUDICIAL CONSIDERATIONS IN IMPOSING PUNISHMENTS FOR NARCOTICS CRIMES (A STUDY OF DECISION NUMBER 1891/PID.SUS/2025/PN MDN) Jeffri; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Narcotics crimes constitute an extraordinary crime that has serious impacts on security and the future of the nation’s younger generation, thereby requiring firm and just law enforcement. This research aims to analyze the application of substantive criminal law and the judicial considerations in imposing criminal sanctions on the defendant in Decision Number 1891/Pid.Sus/2025/PN Mdn, using a normative legal research method with statutory and case study approaches, supported by primary and secondary legal materials. The results of the study indicate that the application of substantive criminal law in the decision is in accordance with Law Number 35 of 2009 on Narcotics, with proof based on lawful evidence as stipulated in Article 184 of the Criminal Procedure Code (KUHAP). The judges’ considerations were carried out comprehensively by taking into account both juridical and non-juridical aspects, including the fulfillment of the elements of the offense, the role of the defendant, the type and quantity of narcotics, as well as aggravating and mitigating circumstances, so that the sentence imposed reflects the principle of proportionality and a balance between legal certainty, justice, and expediency.
ANALYSIS OF JUDICIAL CONSIDERATIONS IN IMPOSING SEVERE SENTENCES ON NARCOTICS DEALERS IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1219/PID.SUS/2025/PN MDN Supongki Adi Sucipto; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Abstract

Based on the results of the study, it shows that the legal regulations regarding the crime of selling narcotics based on Law Number 35 of 2009 concerning Narcotics have been regulated in Articles 114, 119 and 124. The differences between Articles 114, 119, and 124 are not only in the different types of narcotics, but also in the varying criminal sanctions. The conformity of the principles of criminal justice and the purpose of punishment with the decision of the heavy sentence imposed by the judge in the Medan District Court Decision 1219 / Pid.Sus / 2025 / PN Mdn is appropriate, namely the heavy sentence determined by the judge has fulfilled the principle of legality, the principle of equality before the law, and the principle of proportionality. The judge's consideration in imposing a heavy sentence on the perpetrator of narcotics sales in the Medan District Court Decision 1219 / Pid.Sus / 2025 / PN Mdn is appropriate because the 9-year prison sentence has fulfilled the principle of proportional justice.

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