cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Guffar Harahap
Contact Email
publisherbarokah@gmail.com
Phone
+6285765116052
Journal Mail Official
publisherbarokah@gmail.com
Editorial Address
Desa Lengau Seprang, Kec. Tanjung Morawa, Kab, Deli Serdang, Prov. Sumatera Utara. INDONESIA
Location
Kab. deli serdang,
Sumatera utara
INDONESIA
Jurnal Ilmu Hukum dan Keadilan
Published by CV. Barokah Publisher
ISSN : -     EISSN : 3124419X     DOI : -
Core Subject :
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.
Arjuna Subject : -
Articles 44 Documents
 1   2   3   4   5 
JURIDICAL ANALYSIS OF DECISION NUMBER 457/PID.SUS/2025/PN MDN CONCERNING THE CRIMINAL ACT OF OFFERING FOR SALE, SELLING, AND ACTING AS AN INTERMEDIARY FOR CLASS I NARCOTICS Sunardi; Bonanda Japatani Siregar
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to juridically analyze the fulfillment of the elements of the criminal offense, to assess the quality of evidence and the application of the evidentiary system under the Indonesian Criminal Procedure Code (KUHAP), and to examine the conformity of the judges’ considerations in sentencing from the perspective of the principle of proportionality and the objectives of punishment. The results of the study indicate that the elements of the criminal offense as formulated in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics have been fulfilled lawfully and convincingly. The element of “any person,” the element of “without right or against the law,” and the element of “selling Class I narcotics” were proven through facts revealed during the trial, supported by witness testimony, the defendant’s statement, physical evidence, and documentary evidence. The panel of judges applied substantive law appropriately by assessing the elements of the offense based on normative construction and legal facts. Accordingly, the application of Article 114 paragraph (1) of the Narcotics Law in the a quo case is consistent with the prevailing positive law. The quality of evidence and the application of the evidentiary system in Decision Number 457/Pid.Sus/2025/PN Mdn are in accordance with the provisions of the Indonesian Criminal Procedure Code.
JURIDICAL ANALYSIS OF IMPRISONMENT SENTENCES FOR PERPETRATORS OF EMBEZZLEMENT BY TRUCK DRIVERS (A STUDY OF DECISION NUMBER 288/PID.B/2025/PN SRH) Leader Binent Manullang; Muhammad Ridwan Lubis
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the results of the study, it shows that the process of the crime of embezzlement of cargo by the driver in Decision Number 288 / Pid.B / 2025 / PN Srh began when the victim ordered the Defendant to pick up oil palm shells in Siak Regency, then the Defendant transported 32 tons of oil palm shells and took them to the Patumbak area. However, on the way the defendant sold 10 tons of the shells to an unknown person. The proof of the criminal elements in the crime of embezzlement in Decision Number 288 is correct, namely the proof of the elements has been proven based on evidence of witness testimony, the defendant, and evidence of indications. The legal analysis of the prison sentence against the truck driver who embezzled his cargo in Decision Number 288 is that the defendant was sentenced to 2 years in prison. The sentence is considered to have taken into account the principles of justice and legal effectiveness
JURIDICAL ANALYSIS OF CRIMINAL SANCTIONS AGAINST PERPETRATORS OF ATTEMPTED THEFT USING FIREARMS (A STUDY OF DECISION NUMBER 286/PID.B/2025/PN SRH) Maruli Sihombing; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the research results, it shows that the legal provisions for the crime of attempted theft using firearms are regulated in Articles 362, 363, 364, 365 of the Criminal Code, Article 53 of the Criminal Code, and Article 1 Paragraph (1) of Emergency Law Number 12 of 1951 concerning the Misuse of Sharp Weapons, Firearms and Explosives. The judge's consideration in deciding the case of the crime of attempted theft using firearms in Decision Number 286/Pid.B/2025/PN Srh is appropriate because it has considered the facts and evidence presented and connected them with the existing evidence. The legal analysis of the punishment for the perpetrator of attempted theft using firearms in the Decision of the Sei Rampah District Court Number 286/Pid.B/2025/PN Srh is inappropriate because it only sentenced the defendant to 9 years in prison. The crime of attempted theft with violence and possession and use of firearms without a permit should be sentenced to 12 years in prison.
DISPARITY IN JUDGES’ DECISIONS ON THE CRIME OF AGGRAVATED THEFT (AN ANALYSIS OF DECISION NUMBER 968/PID.B/2025/PN MDN AND DECISION NUMBER 1445/PID.B/2025/PN MDN) Suko Madioso; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the results of the study, it shows that the form of disparity in the judge's decision in the case of aggravated theft based on decision number 968 / Pid.B / 2025 / PN Mdn and Number 1445 / Pid.B / 2025 / PN Mdn is the difference in sentencing to the defendant, namely a 4-year prison sentence for Defendant M. Irfan and a 5-month prison sentence for Defendant Fasi Duhu Baene. The judge's consideration in deciding the defendant's guilt in decisions number 968 and Number 1445 is appropriate. The suitability of the judge's decision with the provisions of criminal law related to aggravated theft in decisions number 968 and number 1445 has been implemented well and the provision of proportional sanctions is appropriate except in Decision Number 1445 which is less proportional because the Defendant was only sentenced to 5 months in prison.
JURIDICAL ANALYSIS OF CRIMINAL SANCTIONS AGAINST INTERMEDIARIES IN NARCOTICS SALES (A STUDY OF DECISION NUMBER 395/PID.SUS/2025/PN STB) Muhammad Imanuddin; Muhammad Ridwan Lubis
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the results of the study, it shows that the criminal law regulations for intermediaries in narcotics sales are regulated in Law Number 35 of 2009 concerning Narcotics, namely Article 114, the threat of imprisonment of at least 5 years and a maximum of 20 years, Article 119, the threat of imprisonment of at least 4 years and a maximum of 12 years, Article 124, the threat of imprisonment of at least 3 years and a maximum of 10 years. Proof of the elements of the crime committed by the accused intermediary for narcotics sales in Decision Number 395 / Pid.Sus / 2025 / PN Stb is appropriate because it has used two minimum pieces of evidence as regulated in Article 183 of the Criminal Procedure Code. The legal analysis of the punishment for the perpetrators of intermediary sales of narcotics in Decision Number 395 is quite fair, namely defendants I and III were sentenced to 10 years in prison, defendant II because he had never been imprisoned received leniency with a prison sentence of 9 years.
THE EFFECTIVENESS OF THE IMPLEMENTATION OF SUPREME COURT REGULATION (PERMA) NUMBER 2 OF 2012 IN HANDLING MINOR THEFT CRIMES IN THE FORM OF PALM FRUIT LOOTING Muhammad Pangadilan Ritonga; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to analyze the regulation of the element of negligence in the Criminal Code and Law Number 22 of 2009 on Road Traffic and Transportation, the application of the element of negligence in the evidentiary process in criminal court practice, the legal considerations of judges in Decision Number 1331/Pid.Sus/2025/PN Mdn, as well as the obstacles and solutions in proving the element of negligence in traffic accident cases resulting in death.The results of the study show that the element of negligence in traffic accident crimes has been clearly regulated through Article 359 of the Criminal Code and Article 310 paragraph (4) of Law Number 22 of 2009 as a special provision. The application of the element of negligence in judicial practice is carried out through comprehensive proof by linking the defendant’s conduct to the applicable standard of due care. In Decision Number 1331/Pid.Sus/2025/PN Mdn, the judge has systematically considered the facts revealed at trial and the evidence presented, thereby concluding that the element of negligence and the defendant’s criminal liability were fulfilled. The obstacles in proving the element of negligence include limitations in witnesses and technical evidence, which can be addressed through the optimization of technology, improvement in the quality of investigations, and the active role of judges during trial in order to achieve fair and just law enforcement
JURIDICAL ANALYSIS OF CRIMINAL LIABILITY OF PERPETRATORS OF COLLECTIVE VIOLENCE IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1245/PID.B/2025/PN MDN Rudi Simamora; Muhammad Ridwan Lubis
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the results of the study, it shows that the elements of the crime of violence committed together consist of the element of whoever, the element of openly, the element of joint force, the element of using violence, the element against people or goods. The proof of the crime of violence committed together in Decision Number 1245 / Pid.B / 2025 / PN Mdn is appropriate, namely the proof of the element of whoever and the element of intentionally in public together committing violence against people or goods resulting in the destruction of goods or causing serious injury has been proven based on evidence of witness statements, statements of the defendant, written evidence, and evidence of indications. The responsibility of the perpetrator of the crime of violence committed together in Decision Number 1245 is to be sentenced to 3 years in prison. The decision of the panel of judges is inappropriate and too light
JURIDICAL REVIEW OF THE CRIMINAL ACT OF ASSAULT COMMITTED DUE TO MOMENTARY EMOTION IN DECISION NUMBER 2057/PID/2025/PN.MDN Robbi Rusmandiar; Syahrul Bakti Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

committed due to momentary emotional impulse under Article 351 paragraph (1) of the Indonesian Criminal Code, to examine the legal reasoning of the judges in imposing criminal sanctions from the perspective of evidentiary aspects and principles of criminal law, and to analyze the implementation of the principle of proportionality in sentencing in Decision Number 2057/PID/2025/PT.MDN in relation to modern theories of punishment. The type of research employed is normative legal research using statutory and conceptual approaches, relying on primary legal materials in the form of court decisions and legislation, as well as secondary legal materials consisting of doctrines developed by criminal law scholars.The results of the research indicate that the elements of the criminal offense of assault in the a quo case have been legally and convincingly fulfilled, and that momentary emotional impulse does not eliminate the defendant’s guilt or criminal responsibility, but merely serves as a mitigating factor. The judges’ legal reasoning in imposing the sentence was based on valid evidence and the application of the principles of legality, culpability, justice, and individualization of punishment. Furthermore, the application of the principle of proportionality in sentencing is reflected in the imposition of a penalty that does not reach the maximum statutory threat and takes into account the defendant’s subjective circumstances, thereby aligning with modern theories of punishment and contributing to the effectiveness of criminal law enforcement.
CRIMINAL LIABILITY OF A WIFE WHO PLANNED THE MURDER OF HER HUSBAND IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 284/PID.B/2025/PN MDN Revalino Perangin-Angin; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the research results, it shows that the process and standard of proof of the element with premeditation in the crime of premeditated murder committed by a wife against her husband begins with collecting various evidence that supports the existence of a prior plan. Then the Judge conducts an objective evaluation of all the evidence and statements submitted. The judge's consideration in assessing the evidence and trial facts related to the motive in the premeditated murder case based on the Medan District Court Decision Number 284 / Pid.B / 2025 / PN Mdn is appropriate. The criminal liability of the wife who planned the murder of her husband based on Decision Number 284 is sentenced to 18 years in prison or 2 years lighter than the maximum prison sentence stipulated by Article 340 of the Criminal Code. The leniency of criminal liability is due to mitigating factors for the defendant, namely the defendant has children, one of whom is still in education.
JURIDICAL ANALYSIS OF ELECTRICITY-RELATED CRIMES COMMITTED BY BITCOIN MINING EMPLOYEES IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 497/PID.SUS/2024/PN MDN Putra Junico; Muhammad Ridwan Lubis
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on the research results, it shows that there are no specific legal regulations governing the crime of electricity theft in Indonesia, particularly in the context of Bitcoin mining activities. However, if the electricity is used illegally, Article 362 of the Criminal Code concerning Theft or Article 51 paragraph (3) of Law No. 30 of 2009 concerning Electricity can be used. The elements of the crime of electricity theft applied to the theft case in Decision Number 497/Pid.Sus/2024/PN Mdn are appropriate and legally based, namely, proven by the existence of witness testimony, documentary evidence, indicative evidence, and the defendant's testimony. Criminal liability for perpetrators of electricity theft in Decision Number 497 is a prison sentence of 5 years and 6 months and a fine of Rp1,000,000,000.00

Page 4 of 5 | Total Record : 44

 1   2   3   4   5 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Vol 1 No 2 (2026) Vol 1 No 1 (2026)