Jurnal Ilmu Hukum dan Keadilan

DAMPAK DAN STIGMA SOSIAL TERHADAP KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN

Tue, 01 Sep 2026 00:00:00 +0700

Sexual violence in boarding schools is an extraordinary crime that tarnishes the dignity of academic institutions. This study aims to analyze the psychological impact, social stigma, law enforcement, and causal factors of sexual violence through a case study of Herry Wirawan, who raped 13 female students. The method used was descriptive qualitative, with a case study approach and literature review. The results show that the perpetrator's actions exploited extreme power imbalances and manipulated religious doctrine to silence the victim in a "culture of silence." This case had a multidimensional, destructive impact on the victim, including hemorrhaging, early pregnancy, severe psychological trauma (PTSD), and dropping out of school. Sociologically, this case triggered a negative stigma and a crisis of public trust in Islamic boarding schools (pesantren). Law enforcement through the death penalty and full restitution through the confiscation of the perpetrator's assets are crucial steps to provide substantive justice. This study recommends the importance of regular external monitoring by the Ministry of Religious Affairs and the full implementation of Ministerial Regulation (PMA) Number 73 of 2022 through the establishment of a Task Force for the Prevention and Handling of Sexual Violence (PPKS) to create a safe learning environment.

ANALISIS YURIDIS PENANGANAN FAKTUR PAJAK "000" DALAM SISTEM ADMINISTRASI PPN TERHADAP PERSPEKTIF KEPASTIAN HUKUM PKP

Muhammad Endro Basuki — Thu, 03 Sep 2026 00:00:00 +0700

Perkembangan digitalisasi administrasi perpajakan melalui Coretax Administration System menimbulkan dinamika dalam penanganan Faktur Pajak dengan NPWP “000”, khususnya terkait kepastian hukum dan perlindungan hukum bagi Pengusaha Kena Pajak (PKP). Penelitian ini bertujuan menganalisis kesenjangan antara das sollen dan das sein dalam penanganan Faktur Pajak “000”, serta implikasi hukumnya terhadap kepastian hukum dan perlindungan hukum bagi PKP. Penelitian menggunakan metode hukum normatif dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, dan pendekatan kasus melalui analisis bahan hukum primer, sekunder, dan tersier. Hasil penelitian menunjukkan bahwa peraturan perundang-undangan belum mengatur secara eksplisit pengertian, klasifikasi, dan akibat hukum Faktur Pajak “000”, sedangkan dalam praktik istilah tersebut telah digunakan sebagai instrumen pengawasan administrasi perpajakan oleh Direktorat Jenderal Pajak. Kondisi tersebut berpotensi menimbulkan ketidakpastian hukum dan perbedaan perlakuan terhadap PKP. Selain itu, tindakan administratif berupa penonaktifan akses pembuatan faktur pajak dapat memengaruhi kelangsungan usaha PKP sehingga penerapannya harus berlandaskan asas legalitas, kepastian hukum, proporsionalitas, serta perlindungan hukum.

PERTANGGUNGJAWABAN NOTARIS ATAS PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM

Luki Sudarman — Thu, 03 Sep 2026 00:00:00 +0700

Notaris sebagai pejabat umum berwenang membuat akta autentik yang memiliki kekuatan pembuktian sempurna. Namun, dalam praktik masih ditemukan akta autentik yang cacat hukum akibat tidak terpenuhinya syarat formil maupun materiil, sehingga menimbulkan ketidakpastian hukum dan kerugian bagi para pihak. Penelitian ini bertujuan untuk menganalisis pengaturan hukum mengenai pertanggungjawaban notaris atas pembuatan akta autentik yang cacat hukum serta batas pertanggungjawaban notaris beserta akibat hukum yang timbul bagi para pihak yang dirugikan. Penelitian menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual melalui analisis terhadap peraturan perundang-undangan, literatur, dan jurnal ilmiah. Hasil penelitian menunjukkan bahwa pertanggungjawaban notaris diatur dalam Undang-Undang Jabatan Notaris, Kitab Undang-Undang Hukum Perdata, dan Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana, yang meliputi tanggung jawab administratif, perdata, dan pidana. Batas pertanggungjawaban notaris didasarkan pada adanya kesalahan atau kelalaian dalam menjalankan kewajiban jabatan, sedangkan akibat hukum akta yang cacat hukum dapat berupa degradasi kekuatan pembuktian, pembatalan, batal demi hukum, serta hak bagi pihak yang dirugikan untuk menuntut ganti rugi sesuai ketentuan peraturan perundang-undangan.

PEMINDAHAN PENGATURAN DELIK KORUPSI DALAM KUHP NASIONAL SERTA IMPLIKASINYA TERHADAP KEWENANGAN ABSOLUT PENGADILAN TINDAK PIDANA KORUPSI

Syapri Chan, Warsiman — Thu, 10 Sep 2026 00:00:00 +0700

Corruption is an extraordinary crime requiring special legal norms and institutional mechanisms, including a specialized court. However, the enactment of Law Number 1 of 2023 on the Indonesian National Criminal Code integrates corruption offences into the general criminal law system. This shift potentially weakens the special character of corruption crimes and affects the authority and jurisdiction of the Corruption Court within Indonesia’s criminal justice framework. This research examines the shift in regulating corruption offences within Indonesia’s criminal law system and analyzes its implications for the authority and absolute competence of the Corruption Court. It assesses whether integrating corruption offences into the National Criminal Code weakens the lex specialis principle and the institutional design of specialized anti-corruption adjudication.This study employs normative legal research using statutory, conceptual, and case approaches. Legal materials are collected through library research on the Anti-Corruption Law, the National Criminal Code, the Corruption Court Law, relevant court decisions, and scholarly works. The data are analyzed qualitatively using analytical and prescriptive methods to assess normative coherence and institutional implications. The research finds that integrating corruption offences into the National Criminal Code shifts corruption from a sectoral special regime into a general systemic framework. This development potentially weakens the lex specialis doctrine and blurs the absolute competence of the Corruption Court. The study’s originality lies in linking substantive offence reformulation with judicial authority design to strengthen the institutional role of the Corruption Court.

MEKANISME DAN BATASAN PENERAPAN SANKSI PIDANA PERPAJAKAN BERDASARKAN PRINSIP ULTIMUM REMEDIUM

Luthvy — Fri, 11 Sep 2026 00:00:00 +0700

Penerapan sanksi pidana dalam hukum perpajakan pada dasarnya merupakan upaya terakhir (ultimum remedium) setelah mekanisme administrasi tidak mampu mendorong kepatuhan wajib pajak. Namun, dalam praktik masih terdapat permasalahan mengenai mekanisme penerapan sanksi pidana dan batas kewenangan Direktorat Jenderal Pajak terhadap wajib pajak yang telah menunjukkan itikad baik. Penelitian ini bertujuan menganalisis mekanisme penerapan sanksi pidana perpajakan berdasarkan prinsip ultimum remedium serta batas kewenangan Direktorat Jenderal Pajak dalam menerapkan sanksi pidana terhadap wajib pajak yang belum memenuhi kewajiban perpajakannya namun telah menunjukkan itikad baik. Penelitian menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus yang dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa penegakan hukum perpajakan dilakukan secara bertahap melalui pembinaan, pengawasan, pemeriksaan, sanksi administrasi, pemeriksaan bukti permulaan, dan penyidikan. Kewenangan Direktorat Jenderal Pajak dibatasi oleh Undang-Undang Ketentuan Umum dan Tata Cara Perpajakan, Asas-Asas Umum Pemerintahan yang Baik, dan prinsip ultimum remedium, sehingga terhadap wajib pajak yang beritikad baik penyelesaian administratif harus diutamakan, sedangkan sanksi pidana hanya diterapkan apabila terdapat unsur kesengajaan dan penyelesaian administratif tidak lagi efektif.

PENERAPAN CORE TAX ADMINISTRATION SYSTEM (CORETAX) OLEH DIREKTORAT JENDERAL PAJAK KEMENTERIAN KEUANGAN DALAM PERSPEKTIF HUKUM ADMINISTRASI NEGARA

Mariyanto — Fri, 11 Sep 2026 00:00:00 +0700

Transformasi digital administrasi perpajakan melalui Core Tax Administration System (Coretax) menuntut penilaian tidak hanya dari sisi teknologi, melainkan kesesuaiannya dengan hukum administrasi negara. Penelitian ini menjawab dua rumusan masalah: pengaturan hukum penerapan Coretax, serta kesesuaiannya dengan asas legalitas dan Asas-Asas Umum Pemerintahan yang Baik (AUPB). Menggunakan metode penelitian yuridis normatif, kajian menunjukkan bahwa secara formal pengaturan telah berjenjang mulai dari UUD 1945, undang-undang, Peraturan Presiden, hingga PMK Nomor 81 Tahun 2024 beserta perubahannya, namun masih terdapat kekosongan norma terkait tanggung jawab negara atas kegagalan sistem. Penerapan telah memenuhi syarat dasar legalitas, namun belum sepenuhnya selaras dengan seluruh asas AUPB, terlihat dari gangguan layanan, ketidakpastian prosedur, serta belum seimbangnya kedudukan antara otoritas pajak dan Wajib Pajak.

DILEMA PENERAPAN PASAL PENCEMARAN NAMA BAIK DI ERA DIGITAL: ANTARA KEPASTIAN HUKUM DAN KEBEBASAN BERPENDAPAT

Wed, 16 Sep 2026 00:00:00 +0700

Advancements in information technology have transformed the landscape of social communication while intensifying the normative conflict between freedom of expression and the protection of reputation. This study aims to conduct an in-depth analysis of legal synchronization following the enactment of Law No. 1 of 2024 (the Second Amendment to the ITE Law), specifically regarding the parameters distinguishing opinion from defamation and the implications of digital footprints on the gradation of criminal sanctions. Employing a normative-juridical legal research method with statutory and conceptual approaches, the study examines the doctrinal dynamics of cyber law enforcement. The findings indicate that Article 27A of Law No. 1 of 2024 introduces a more rigorous legal paradigm by requiring a material element specifically, an allegation regarding a factual act rather than relying merely on emotional offense. Furthermore, the inherent characteristics of digital information namely its permanence (persistence) and exponential reach (multiplier effect) are recognized by judges as determining variables in assessing the extent of reputational damage, thereby influencing the severity of sanctions imposed. The application of restorative justice and the adoption of the "actual malice" doctrine have proven to be essential instruments in mitigating the abuse of legal processes. The study concludes that the synchronization of constitutional law and substantive cyber criminal law is moving toward a proportional balance, yet it requires more consistent technical guidelines regarding digital codification at the judicial level.

JURIDICAL ANALYSIS OF THE CRIME OF PERSECUTION OF WOMEN BASED ON ARTICLE 466 OF THE CRIMINAL CODE (CASE STUDY AT BATU BARA POLICE)

Choirul Saleh Hasibuan, Ismed Batubara — Thu, 24 Sep 2026 00:00:00 +0700

This study examines the criminal act of persecution against women under Article 466 of the Criminal Code through a case handled by the Batu Bara Police, using normative legal research with an empirical juridical approach based on interviews, examination minutes (BAP), statutory regulations, legal literature and official documents. The findings indicate that the elements of the offense must be linked to the specific case facts and supported by consistent records, witness statements, relevant evidence and procedural safeguards. Accurate legal reasoning, coherent documentation, institutional coordination and accountability are essential to the consistent application of the relevant Indonesian criminal-law provisions

APPLICATION OF THE PRINCIPLE OF PROPORTIONALITY AND POLICE DISCRETION IN THE SAFETY OF THE STUDENTS (STUDY AT THE BATU BARA POLICE)

Dedi Asmadi, Nelvitia Purba — Fri, 25 Sep 2026 00:00:00 +0700

This study examines legal issues involving public demonstration, police discretion, principle of proportionality. It employs normative legal research with an empirical juridical approach and draws on interviews, 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 public demonstration, police discretion.

APPLICATION OF CRIMINAL LAW TO THE CRIME OF THEFT WITH AGGRAVATION (STUDY AT THE INDRAPURA POLICE STATION)

Gomgoman Sinaga, Muhammad Hizbullah — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving aggravated theft, 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 aggravated theft, theft.

JURIDICAL ANALYSIS OF CROWD CONTROL STRATEGIES IN PREVENTING VIOLENT DEMONSTRATIONS IN THE JURISDICTION OF BELAWAN PORT POLICE

Gusti Bayu Handika Ginting, Halimatul Maryani — Wed, 30 Sep 2026 00:00:00 +0700

The research results indicate that the factors causing the anarchic demonstrations in the Belawan Harbor Police area include several main aspects. First, the lack of effective communication between the public and the authorities. Second, emotional factors and deep dissatisfaction that are not channeled peacefully. Third, the lack of education about the rights and obligations to express aspirations peacefully. Fourth, the lack of a humanistic and professional approach from security forces in handling emotional situations. Crowd control strategies to prevent anarchic demonstrations in the Belawan Harbor Police area include prioritizing dialogue, open communication, and the deployment of trained and experienced officers to manage the crowds professionally and preventatively

LIABILITY FOR FRAUD IN THE PROCUREMENT OF PADDY FIELDS/JETOR MACHINES AT THE LANGKAT POLICE STATION (STUDY OF DECISION NO. 304/Pid.B/2025/PN Stb)

Ahmad Zafrullah, Herlina Hanum Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving fraud, Langkat Resort Police, law enforcement. It employs empirical juridical research and draws on interviews, court decisions, 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 fraud, Langkat Resort Police

JURIDICAL ANALYSIS OF CRIMINAL LIABILITY OF NARCOTICS COURIERS IN THE CRIME OF METHAMPHETAMINE POSSESSION (CASE STUDY AT LANGKAT POLICE)

Anggi Husein Saputra Harahap, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal liability, narcotics, methamphetamine. It employs normative legal research with an empirical juridical approach and draws on interviews, official examination reports (BAP), court decisions, 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 criminal liability, narcotics

LEGAL ACCOUNTABILITY AND INVESTIGATION PROCESS FOR CHILDREN AS PERPETRATORS OF NARCOTICS CRIMES (LANGKAT POLICE STUDY)

Ardiansyah Hilahitu Syahputra Sirait, Muhammad Ridwan Lubis — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving legal liability, criminal investigation, criminal investigation. It employs empirical juridical research 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 legal liability, criminal investigation

LEGAL ANALYSIS OF THE VALIDITY OF SUPPLEMENTARY VOTING IN THE DELI SERDANG REGIONAL ELECTION NORTH SUMATRA

Arifin Susilo , Halimatul Maryani — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes the legal validity of supplementary voting in the Deli Serdang regional election after flooding disrupted the ordinary voting process. The research focuses on the legal basis for supplementary voting, its implementation by the Deli Serdang election administration, and the conditions required for the resulting vote to be legally valid. An empirical juridical method is used through statutory and conceptual approaches, literature review, election documents, and an interview with the Chair of the Deli Serdang General Election Commission. The findings show that supplementary voting is a remedial mechanism intended to preserve voting rights when a natural disaster prevents all stages of voting or counting from being carried out. Its validity depends on a formal postponement decision, competent institutional authority, compliance with procedures for logistics, voter lists, polling personnel, supervision and witnesses, documentation, transparency, and the absence of proven irregularities that invalidate the process. The mechanism therefore protects electoral participation while remaining subject to administrative and legal accountability

CRIMINAL LIABILITY OF OPERATORS IN THE CRIME OF ELECTRONIC MACHINE GAMBLING (CASE STUDY AT LANGKAT POLICE)

Destian Pramono, Herlina Hanum Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal liability, gambling, Langkat Resort Police. It employs empirical juridical research and draws on interviews, statutory regulations, legal literature. 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 criminal liability, gambling,

LEGAL REVIEW OF THE ARROGANT ACTIONS OF MEMBERS OF THE NATIONAL POLICE OF THE REPUBLIC OF INDONESIA (POLRI) IN SECURING PROTESTS (CASE STUDY OF THE NORTH SUMATRA POLICE)

Elsa Salsahbillah Tambunan , Tri Reni Novita — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving public demonstration, North Sumatra Regional Police, 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 public demonstration, North Sumatra Regional Police

ANALYSIS OF LEGAL LIABILITY FOR VIOLATIONS OF SECURITY PROCEDURES AT KUALANAMU INTERNATIONAL AIRPORT

Fadlun Nisa Br Tarigan, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes legal accountability for violations of security procedures at Kualanamu International Airport. Aviation security requires consistent screening, access control, patrol, supervision of security-restricted areas, reporting, and coordination because failures may involve passengers, workers, contractors, security personnel, or organizational systems. The research uses normative legal research with an empirical juridical approach, drawing on statutory materials, airport-security documents, legal literature, and an interview with a Kualanamu security shift commander. The findings show that the security system is formed by a hierarchy of legal norms governing screening, access, restricted areas, facilities, personnel competence, reporting, supervision, and emergency response. Violations may include unauthorized access, card misuse, incomplete screening, ignored alarms, broken chains of custody, unattended posts, failure to report, or action outside authority. Accountability may be disciplinary or administrative, civil where loss occurs, and criminal when the elements of an offense and fault are proven, while responsibility must follow the duty and control of each actor and be accompanied by system improvement

LEGAL ANALYSIS OF POLICE PROFESSIONAL ETHICS VIOLATIONS IN ALLEGED RECEIPT OF MONEY FROM A SUSPECT'S FAMILY (CASE STUDY AT BATU BARA RESORT POLICE)

Harto Pardede, Muhammad Hizbullah — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes alleged violations of the Police Professional Code of Ethics arising from the receipt of money by a police member from a suspect’s family at Batu Bara Resort Police. The issue is significant because informal financial relations with parties connected to a criminal case may create conflicts of interest, allegations of abuse of authority, and damage to public trust in law enforcement. The research uses normative legal research with an empirical juridical approach based on interviews, statutory and police regulations, legal literature, and case-related documents. The findings show that the alleged receipt of money must be examined by tracing the relationship between the member and the family, the purpose and flow of funds, the member’s authority over the criminal case, communication among the parties, and any promise or expectation connected to case handling. The ethics examination must remain objective and protect the examined member’s procedural rights, while sanctions depend on the proven violation, degree of fault, impact on the institution, and applicable Police Professional Code of Ethics rules

CRIMINAL LIABILITY OF DRIVERS IN TRAFFIC ACCIDENT CASES AT THE INVESTIGATION STAGE (CASE STUDY AT LANGKAT POLICE)

Jekson Situmorang, Muhammad Ridwan Lubis — Wed, 30 Sep 2026 00:00:00 +0700

This study examines the construction of driver criminal liability at the investigation stage in a fatal traffic accident handled by Langkat Police. The case concerns an accident on 24 January 2025 on the Medan–Banda Aceh National Road, kilometer 76–77, and the application of Article 310 of Law Number 22 of 2009 concerning Road Traffic and Transportation. Using empirical juridical research with statutory, conceptual, and case approaches, the study analyzes interviews with investigators and case documents. The findings show that liability must be built from proof of the driver’s identity and role, a concrete breach of the required standard of care, causation between the collision and death, and legally sufficient evidence. Negligence is assessed through speed, visibility, reaction time, road and vehicle conditions, victim behavior, physical traces, statements, and medical documents, while practical obstacles include altered accident scenes, inconsistent testimony, limited technical evidence, and delayed medical records

JURIDICAL ANALYSIS OF THE ROLES OF COURIERS AND PACKAGE RECIPIENTS IN NARCOTICS CRIMES THROUGH DELIVERY SERVICES (CASE STUDY AT NORTH SUMATRA REGIONAL POLICE)

Joko Sugito, Bonanda Japatani Siregar — Wed, 30 Sep 2026 00:00:00 +0700

This study examines the legal position of couriers and package recipients in narcotics crimes committed through delivery services and the investigation practice of the North Sumatra Regional Police. The research uses normative legal research with an empirical juridical approach based on statutory materials, criminal-law literature, official documents, and interviews with investigators. The findings show that a courier or recipient cannot be held criminally liable merely because that person physically carries or receives a package; investigators must prove knowledge, intent, control, and concrete involvement in the narcotics distribution process. The investigation proceeds through initial information, inquiry, coordination with delivery companies, securing and seizing packages, witness examination, examination of couriers and recipients, laboratory testing, analysis of communications, and case-file preparation. Criminal liability is determined from evidence of knowledge and active participation, while investigators must also develop the case toward the sender or controller of the network

CRIMINAL LAW ANALYSIS OF DRIVER NEGLIGENCE THAT RESULTS IN TRAFFIC ACCIDENTS AND DEATH VICTIMS (STUDY OF DECISION NUMBER 101/PID.SUS/2025/PN KIS)

Joko Susanto, Tri Reni Novita — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving traffic accident, law enforcement, criminal law. It employs normative legal research with an empirical juridical approach and draws on interviews, 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 traffic accident, law enforcement.

SPEED LIMIT VIOLATIONS BY DRIVERS AS A CAUSE OF TRAFFIC ACCIDENTS ON TOLL ROADS (STUDY AT BATU BARA RESORT POLICE)

Jonson Lumban Gaol, Halimatul Maryani — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes speed-limit violations as part of criminal negligence in a fatal toll-road accident handled by Batu Bara Resort Police. The case concerns a collision on the Indrapura-Kisaran Toll Road on 6 March 2026 involving a Toyota Kijang Innova and a truck, resulting in four deaths and three injured persons. The study uses normative legal research with an empirical juridical approach based on the case file, interviews with investigators, statutory materials, and legal literature. The findings show that speed of approximately 110 kilometers per hour, exceeding the maximum limit known by the driver, must be assessed together with drowsiness, the absence of driver rotation, failure to reduce speed, failure to maintain a safe distance, and failure to anticipate the vehicle ahead. Criminal liability under Article 310 paragraph (4) of Law Number 22 of 2009 requires sufficient evidence connecting the cumulative negligence with the accident and deaths, proof of the driver’s capacity for responsibility, and the absence of justification or excuse

PROCEDURE FOR DISHONORABLE DISCHARGE (PTDH) AT BATU BARA RESORT POLICE

M Yazlan Adri, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines the procedure for dishonorable discharge (PTDH) of members of the Indonesian National Police at Batu Bara Resort Police, focusing on the examination of AIPTU Khairun Nazni after a positive urine test and an admission of methamphetamine use. The research uses an empirical juridical method with statutory, conceptual, and case approaches based on the examination report, interviews with the examiner, police regulations, and legal literature. The findings show that PTDH does not arise automatically from a positive urine test, but requires a lawful sequence of preliminary examination, evidentiary assessment, case-file preparation, legal opinion, hearing before the Police Professional Code of Ethics Commission, appeal where available, and a decision by the authorized official. Repeated and conscious narcotics use, active efforts to obtain narcotics, the officer’s law-enforcement status, and the duty to provide an example aggravate the ethical assessment, while family and psychological problems remain contextual factors rather than grounds excluding responsibility. Preventive and corrective measures include counseling, assessment and rehabilitation, legal assistance, proportionate sanctions, post-decision supervision, accountable testing, and institutional evaluation

APPLICATION OF BASICS DUE PROCESS OF LAW IN THE INVESTIGATION OF PLANTATION CRIMES (CASE STUDY AT LANGKAT POLICE)

Mariono, Muhammad Hizbullah — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal investigation, due process of law, plantation crime. It employs empirical juridical research and draws on interviews, statutory regulations, legal literature. 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 criminal investigation, due process of law.

CRIMINAL LIABILITY OF THE PERPETRATORS OF THEFT JOINTLY AGAINST MOTORIZED PEDICAB CASE STUDY AT STABAT POLICE STATION

Muhammad Afif Haifan, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal liability, theft, law enforcement. It employs normative legal research with an empirical juridical approach and draws on interviews, official examination reports (BAP), court decisions, 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 criminal liability, theft.

THE IMPLEMENTATION OF INVESTIGATION OF LOTTERY GAMBLING CRIMES AS AN ACT OF PROVIDING OPPORTUNITIES FOR GAMBLING GAMES BASED ON ARTICLE 426 OF THE CRIMINAL CODE (CASE STUDY AT LANGKAT POLICE)

Muhammad Ilha Dain, Bonanda Japatani Siregar — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal investigation, gambling, Langkat Resort Police. It employs normative legal research with an empirical juridical approach and draws on interviews, official examination reports (BAP), court decisions, statutory regulations, legal literature. 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 criminal investigation, gambling.

ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS OF PERSECUTION IN CASE NUMBER 162/PID.B/2025/PN STABAT

Pakkat Pasaribu, Muhammad Hizbullah — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes criminal liability in Case Number 162/Pid.B/2025/PN Stabat, which arose from a confrontation after the taking of two bunches of oil-palm fruit and resulted in a scratch wound to the victim’s finger from an egrek knife. The research uses normative legal research with an empirical juridical approach through statutory materials, criminal-law doctrine, the court decision, and interview data. The findings show that the defendant was considered capable of criminal responsibility and no justification or excuse was established. Although assault under Article 351 paragraph (1) of the Criminal Code appeared in the alternative indictment, the panel found the third alternative charge under Article 335 paragraph (1) point 1 proven because the unlawful coercion was committed through violence or threat of violence. The court relied on witness testimony, the defendant’s statement, the egrek knife, the oil-palm fruit, the motorcycle, and the visum et repertum, and imposed six months of imprisonment.

ANALYSIS OF THE INVESTIGATION PROCESS OF MOBILE PHONE THEFT DUE TO VICTIM'S NEGLIGENCE IN THE BELAWAN PORT POLICE AREA

Rizky Al Hadi, Halimatul Maryani — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal investigation, criminal investigation, theft. It employs normative legal research 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 criminal investigation, criminal investigation

JURIDICAL ANALYSIS OF CRIMINAL LIABILITY FOR POSSESSION OF CLASS I METHAMPHETAMINE NARCOTICS (CASE STUDY AT LANGKAT POLICE)

Sukriadi, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes criminal liability for possession and control of Class I non-plant narcotics in a methamphetamine case handled by Langkat Police. The research uses an empirical legal case-study approach with interviews, examination reports, case summaries, statutory materials, and relevant criminal-law literature. The findings show that Article 112 paragraph (1) of Law Number 35 of 2009 is the central provision for conduct involving unlawful possession, storage, control, or provision of Class I non-plant narcotics, while the notions of possession and control require a factual relationship between the suspect and the narcotics. In the case of M. Syafi’i, liability was constructed from the suspect’s knowledge of the origin of the methamphetamine, participation in obtaining it with Dicky alias Manut, physical handling, acknowledgment of joint ownership, absence of lawful authorization, and supporting witness and physical evidence. The investigation also referred to Article 114 paragraph (1) as the primary suspicion and Article 112 paragraph (1) as a subsidiary provision

NEGLIGENCE OF MEMBERS OF THE NATIONAL POLICE OF THE REPUBLIC OF INDONESIA IN SUPERVISION OF TEMPORARY PRISONERS OF THE DRUG INVESTIGATION UNIT (CASE STUDY OF EXAMINATION MINUTES NUMBER BP/03/V/2025/SIPROPAM)

Ucok Parlindungan, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study analyzes alleged negligence by Indonesian National Police officers in supervising temporary detainees of the Narcotics Investigation Unit, based on Examination Report Number BP/03/V/2025/SIPROPAM at Batu Bara Police. The research examines forms of negligence, the application of legal rules and supervision procedures, and the forms of legal accountability that may arise. Using empirical legal research supported by statutory and doctrinal materials, the study assesses duty rosters, guard obligations, mutation books, handover practices, cell security, reporting, and supervisory control. The findings show that negligence must be established individually through a clear duty, a departure from the required standard of care, foreseeability and preventability of risk, and a causal connection with the relevant consequence. Accountability may take disciplinary, professional-ethical, administrative, and in certain circumstances criminal forms, but criminal responsibility requires a specific offense, culpa, legally relevant consequence, and causation.

JURIDICAL ANALYSIS OF THE CRIME OF FORGERY OF LETTERS AND MALICIOUS ASSISTANCE IN THE TRANSACTION OF BUYING AND SELLING CARS WITH FAKE DOCUMENTS AT THE LANGKAT POLICE STATION

Walden Sihombing, Muhammad Ridwan Lubis — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving document forgery, criminal assistance, Langkat Resort Police. It employs normative legal research with an empirical juridical approach and draws on interviews, court decisions, statutory regulations, legal literature. 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 document forgery, criminal assistance

JURIDICAL ANALYSIS OF THE INVOLVEMENT OF NARCOTICS OFFENDERS IN THE NARCOTICS NETWORK (CASE STUDY OF THE BATU BARA POLICE)

Yudha Permana Hidayat, Yeltriana — Wed, 30 Sep 2026 00:00:00 +0700

This study examines the evidentiary requirements for attributing an individual offender to a narcotics network in a case investigated by Batu Bara Resort Police. The case concerns Mhd. Roni, who controlled a plastic clip suspected of containing methamphetamine, stated that he obtained it from Ijal, and said that it would be delivered to another person frequently encountered at the port. The research uses an empirical juridical method with statutory, conceptual, and case approaches based on the examination report, interviews with investigators, statutory law, and legal literature. The findings show that network involvement must be proven through concrete acts, knowledge, the purpose of possession, and the offender’s relationship to the movement of narcotics rather than through the label “network” alone. Evidence includes seized methamphetamine, a mobile phone, officer testimony, laboratory results, suspect statements, and development toward other named persons, while obstacles include incomplete identities, closed network structures, limited digital evidence, ambiguous roles, hard-to-find witnesses, and inconsistencies in dates that require formal clarification

APPLICATION OF ARTICLE 310 OF LAW NUMBER 22 OF 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION TO PERPETRATORS OF TRAFFIC VIOLATIONS RESULTING IN SERIOUS INJURIES (CASE STUDY: BAP NO. BP/120/VII/2025/LANTAS)

Jonatan Tambun, Nelvitia Purba — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving law enforcement, criminal law. It employs normative legal research and draws on 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 law enforcement, criminal law.

IMPLEMENTATION OF ARTICLE 310 PARAGRAPH (4) OF LAW NUMBER 22 OF 2009 ON ROAD TRAFFIC AND TRANSPORTATION AT THE INVESTIGATION STAGE AT MANDAILING NATAL POLICE (CASE STUDY AT MANDAILING NATAL POLICE)

Muhammad Kholil, Syahrul Bakti Harahap — Wed, 30 Sep 2026 00:00:00 +0700

This study examines legal issues involving criminal investigation, law enforcement, criminal law. It employs normative legal research with an empirical juridical approach and draws on interviews, official examination reports (BAP), court decisions, statutory regulations, 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 criminal investigation, law enforcement

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Wed, 30 Sep 2026 00:00:00 +0700

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 — Tue, 30 Dec 2025 00:00:00 +0700

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.