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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 90 Documents
JURIDICAL ANALYSIS OF THE CRIME OF VIOLENT THEFT CARRIED OUT JOINTLY BASED ON ARTICLE 365 OF THE CRIMINAL CODE (CASE STUDY BASED ON BAP AT DOLOK MASIHUL POLICE) Nasional Sembiring; Bonanda Japatani Siregar
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Abstract

This study examines legal issues involving robbery with violence, theft, law enforcement. It employs normative legal research with an empirical juridical approach and draws on interviews, official examination reports (BAP), statutory regulations, legal literature, official documents. The findings show that the applicable legal framework must be connected to the specific elements and facts of the case. Investigation or implementation also requires consistent documentary records, witness statements, relevant evidence, and procedural safeguards. The study highlights the need for accurate legal reasoning, coherent documentation, institutional coordination, and accountability. These findings support a more consistent application of Indonesian law concerning robbery with violence, theft.
THE EVIDENTIARY STRENGTH OF THE EXAMINATION REPORT IN THE TRIAL OF TRAFFIC ACCIDENT CASES (STUDY OF DECISION NUMBER 1331/PID.SUS/2025/PN MDN) Deno Poporando; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Abstract

Based on the results of the study, it shows that the strength of the Examination Report (BAP) in the evidentiary process in the trial of a traffic accident case based on Decision Number 1331 / Pid.Sus / 2025 / PN Mdn, namely the strength of the Examination Report (BAP) as evidence in the evidentiary process of a traffic accident case is highly dependent on the fulfillment of formal and material requirements according to the provisions of criminal procedure law. The BAP is considered to have sufficient evidentiary power if it meets the elements of authenticity, honesty, and integrity of the document, and is made by an authorized investigator and in accordance with applicable procedures. The judge's consideration in the evidentiary process of a traffic accident case based on Decision Number 1331 / Pid.Sus / 2025 / PN Mdn, namely the judge in deciding the traffic accident case carries out a process of assessing facts and evidence carefully, objectively, and systematically
LEGAL RESPONSIBILITY OF INTELLECTUAL ACTORS IN THE CRIME OF THEFT WITH VIOLENCE (ANALYSIS OF DECISION NUMBER 1857/PID.B/2025/PN.MDN) Fahrul Rozi Winata; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the legal responsibility of the intellectual actor in the crime of theft with violence based on the provisions of legislation and decision number 1857 / Pid.B / 2025 / PN.Mdn is appropriate with several considerations that the defendant has been legally and convincingly proven based on evidence of witness testimony and evidence of communication between the defendant and other perpetrators. The judge's consideration in sentencing the defendant as the intellectual actor in the crime of theft with violence in Decision Number 1857 / Pid.B / 2025 / PN.Mdn has covered several main aspects, namely the Judge has paid attention to the clear relationship between the evidence submitted and the act of the crime of theft with violence committed by the defendant.
CRIMINAL INVESTIGATION PROCESS FOR CARRYING SHARP WEAPONS WITHOUT PERMISSION (CASE STUDY OF BELAWAN PORT POLICE) Jaka Pranala; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Abstract

Based on the research results, it shows that the procedures and stages of the investigation process for the crime of carrying sharp weapons without a permit at the Belawan Harbor Police Station are that all stages of the investigation are carried out systematically, procedurally, and follow the applicable standard operating procedures (SOP). The process begins with receiving a report or complaint, initial verification, determining the suspect, and initial examination of the suspect and witnesses, then continued with the collection of physical evidence in the form of sharp weapons and related documents, including permits (if any). The strength and validity of the evidence obtained from the examination of witnesses and suspects in the investigation process at the Belawan Harbor Police Station are very important to ensure that the case can be processed fairly and transparently
THE ROLE AND LEGAL RESPONSIBILITY OF INTERMEDIARIES IN NARCOTICS SALE AND PURCHASE CASES INVOLVING THE DEATH PENALTY (Analysis of Decision Number 355/Pid.Sus/2025/PN Mdn) Junaidi Pelawi; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the role of intermediaries in the process of narcotics distribution and sales based on decision number 355 / Pid.Sus / 2025 / PN Mdn is that they are an integral part of an organized criminal network with a high level of hierarchy and systematization. Intermediaries not only function as liaisons between main dealers and consumers, but also carry out important tasks such as transportation, distribution, and security of prohibited goods. Their main motivation is driven by large economic profits, with incentives in the form of significant wages and commissions. The legal responsibility given to intermediaries in narcotics cases based on decision number 355 / Pid.Sus / 2025 / PN Mdn is criminal legal responsibility in the form of the death penalty because it is legally and convincingly proven guilty of committing a crime "without the right to be an intermediary in the sale and purchase of class I narcotics with a total of 29,000 grams of crystal methamphetamine and 39,000 ecstasy pills" hidden in green plastic bags of Guanyinwang brand.
ANALYSIS OF JUDGE'S CONSIDERATIONS IN DECIDING ON A LIGHT SENTENCE CRIMINAL THEFT IN AGGRAVATING CIRCUMSTANCES (ANALYSIS OF DECISION NUMBER 2200/PID.B/2025/PN MDN) M. Naufal Ishmat Rozaan; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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The judge's basis for deciding on a light sentence for the defendant in the crime of theft under aggravating circumstances based on decision Number 2200/Pid.B/2025/PN Mdn is that the process shows the application of the principles of justice and prudence. The judge not only considers aggravating factors, but also pays attention to mitigating aspects, such as politeness, remorse, and the defendant's young age and no criminal record. The aspects of justice and legal principles considered by the judge to determine a light sentence in decision Number 2200/Pid.B/2025/PN Mdn are that the prioritized aspect of justice is the provision of a sentence that is proportional to the level of the defendant's guilt, as well as paying attention to the aspects of humanity and rehabilitation. The judge has also referred to the principles of restorative justice and the principles of social justice, which demand a balance between the defendant's right to receive a punishment that is not excessive and the community's need for a deterrent effect
THE ROLE OF EVIDENCE AND THE ELEMENT OF AGREEMENT IN THE PROSECUTION OF THE CRIME OF ECSTASY DISTRIBUTION (Study of Decision Number 2136/Pid.Sus/2025/PN Mdn) M. Reysi Fazar Fitranza; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the role of evidence to prove the element of agreement in the prosecution of the crime of distributing ecstasy based on decision Number 2136 / Pid.Sus / 2025 / PN Mdn is to have a very important role in proving the element of agreement in the prosecution of the crime of distributing ecstasy. The judge's consideration to prove the element of agreement in the prosecution of the crime of distributing ecstasy based on decision Number 2136 / Pid.Sus / 2025 / PN Mdn is appropriate and shows a careful, objective approach, and is based on strong legal principles, to ensure that the element of agreement is proven convincingly before being declared fulfilled in the case of the crime of distributing ecstasy.
THE ROLE OF PUBLIC RELATIONS OF THE BELAWAN PORT POLICE IN NARCOTICS ERADICATION IN MEDAN BELAWAN DISTRICT Muhammad Fadli Gani Nasution; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the eradication of illicit narcotics trafficking in the port area by the Belawan Port Police shows that the success of these efforts is highly dependent on the implementation of integrated and synergistic strategies. The Belawan Port Police have implemented various preventive and enforcement measures which include strict supervision of ships, goods, and documents, the use of modern technology, routine patrols, as well as education and outreach programs to the community and business actors. Factors that hinder the eradication of illicit narcotics trafficking in the port area by the Belawan Port Police are the lack of optimal synergy and effective communication between agencies also being the main inhibiting factors in carrying out operations in an integrated and fast manner. The main factors that hinder the success of eradicating illicit narcotics trafficking in the Belawan port area include limited technological facilities, regulatory obstacles and inter-agency cooperation, and human resource constraints.
ANALYSIS OF LEGAL AND JUSTICE ASPECTS IN THE VERDICT OF PETTY THEFT (ANALYSIS OF DECISION NUMBER 2232/PID.B/2025/PN MDN) Rizky Ardian Syahputra; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the legal aspects applicable in the process of determining and considering decisions on minor theft crimes based on Decision Number 2232/Pid.B/2025/PN Mdn as a whole, the application of legal aspects in this decision shows an effort to maintain a balance between legal certainty and substantive justice in handling minor crimes. The application of the principle of justice in the judge's considerations in Decision Number 2232/Pid.B/2025/PN Mdn, namely in general, the application of the principle of justice in this decision reflects efforts to uphold the rule of law and substantive justice, which ultimately strengthens public trust in the criminal justice system in Indonesia
PROTECTION OF HUMAN RIGHTS IN LAW ENFORCEMENT OF CRIMINAL ACTS WITHOUT THE RIGHT TO SELL CLASS I NARCOTICS (STUDY OF DECISION NUMBER 2036/PID.SUS/2025/PN MDN) Zerry Wiyando; Tri Reni Novita
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
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Based on the results of the study, it shows that the application of the principle of protection of Human Rights in the process of law enforcement against suspects of criminal acts without the right to sell narcotics class I based on Decision Number 2036 / Pid.Sus / 2025 / PN Mdn has been carried out well, demonstrating the commitment of the justice system in upholding human rights. However, although there have been sufficient efforts, there are still shortcomings that need to be considered. The law enforcement process based on aspects of protection of Human Rights during the investigation, prosecution, and trial stages in Decision Number 2036 / Pid.Sus / 2025 / PN Mdn has been running well and transparently despite shortcomings. However, there are still several shortcomings that need to be considered and corrected to ensure more optimal protection of human rights in the future.