Jurnal Profil Hukum

RESTORATIVE JUSTICE SEBAGAI SARANA PEMBAHARUAN SISTEM PERADILAN PIDANA

2025-07-15T11:56:34+02:00

Restorative Justice adalah merupakan suatu bentuk model pendekatan baru dalam penyelesaian perkara pidana. Model pendekatan restorative justice ini sebenarnya telah digunakan dibeberapa negara dengan fokus pendekatannya kepada pelaku, korban dan masyarakat dalam proses penyelesaian kasus hukum yang terjadi diantara mereka. Walaupun model pendekatan ini masih banyak diperdebatkan dalam tataran teori oleh para ahli, namun dalam kenyataannya tetap tumbuh dan eksis serta mempengaruhi kebijakan dan praktek hukum di banyak negara. Keadilan yang selama ini berlangsung dalam sistem peradilan pidana di Indonesia adalah keadilan retributif, sedangkan yang diharapkan adalah keadilan restoratif, yaitu suatu proses dimana semua pihak yang terlibat dalam suatu tindak pidana tertentu bersama-sama memecahkan masalah, bagaimana menangani akibatnya di masa yang akan datang. Penyelesaian dengan keadilan restoratif pada perkara pidana yang telah membuat kegaduhan atau ketidaknyamanan masyarakat, dipulihkan dengan penerapan penyelesaian melalui keadilan restoratif.

ANALISIS YURIDIS FRAUD SEBAGAI ALASAN PEMBATALAN KONTRAK DALAM HUKUM PERDATA INDONESIA

2025-07-15T22:55:04+02:00

This article discusses fraud as a legal ground for contract annulment from the perspective of Indonesian civil law. Using a normative juridical approach, the article examines the provisions of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), particularly Articles 1321 and 1320, and analyzes several court decisions as jurisprudence. The findings indicate that fraud constitutes a defect of will (wilsgebrek) that can invalidate a contract if it is proven to have influenced the consent of one of the parties. The article recommends strengthening evidentiary instruments related to fraud in contractual relationships to safeguard legal certainty and justice for the injured party.

PEMBATALAN SEPIHAK DALAM PERJANJIAN SEBAGAI PERBUATAN MELAWAN HUKUM

2025-07-15T23:18:42+02:00

An agreement is an agreement between two or more parties that creates reciprocal rights and obligations. However, in practice, unilateral cancellations are often carried out by one of the parties without a valid legal basis. This action can be categorized as an unlawful act if it meets the elements specified in Article 1365 of the Civil Code. This research aims to analyze unilateral cancellation of agreements from a civil law perspective and determine the conditions under which unilateral cancellation can be considered an unlawful act. The method used is a normative juridical approach with a literature study of statutory regulations and court decisions. The research results show that unilateral cancellation carried out without good faith and not fulfilling legal requirements can cause losses to other parties and thus constitutes an unlawful act. Legal enforcement of this act is important to provide legal certainty and protection for the parties to the agreement.

PENYELESAIAN SENGKETA TANAH MELALUI LEMBAGA ADAT DI DESA SABUNGAN NIHUTA KECAMATAN RONGGUR NIHUTA KABUPATEN SAMOSIR

2025-07-15T23:43:40+02:00

This study aims to find out and understand the role of Customary Institutions in resolving land disputes in Sabungan Nihuta village, Ronggur Nihuta District, Samosir Regency and to find out the decisions of Customary Institutions in Sabungan Nihuta village, Ronggur Nihuta District, Samosir Regency. This study uses empirical juridical research methods and data in this study are primary data and secondary data. Primary data in the form of data obtained directly from the results of interviews with Mr. Osmar Simbolon, the king of drugs in Sabungan Nihuta, and Mr. Osben Simalango who is also the secretary of Sabungan Nihuta village. Secondary data is obtained through documentation studies, by searching for data from various scientific books, laws related to the problems discussed. The data is then analyzed and formulated as supporting material in the writing of the thesis to be compiled. The results of this study show that the role of Customary Institutions in resolving land disputes in Sabungan Nihuta village, Ronggur Nihuta District, Samosir Regency plays a major role in resolving land disputes because of the high trust of the community in customary institutions in handling conflicts and disputes, knowing more about the origin of land and every land ownership in Sabungan Nihuta. As well as being a forum for deliberation for the Sabungan Nihuta community in the event of a dispute because customary institutions focus on restoring social relations. The decision from the results of the deliberations (Marria) of the Bius Sitolu Hae Horbo Sabungan Nihuta customary institution is still recognized and implemented and considered as customary law by the people of Sabungan Nihuta village, Ronggur Nihuta District, Samosir Regency.

PERAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR DENGAN KEKERASAN (BEGAL) DI WILAYAH HUKUM POLRES DELI SERDANG

2025-07-16T03:04:34+02:00

This research aims to determine the factors causing the theft of motorized vehicles with violence in the Deli Serdang Police area and to determine the role of the police in tackling the crime of theft of motorized vehicles with violence in the Deli Serdang Police area. The data used in this research are primary data and secondary data. Primary data in the form of interviews with Mr. Kompol Risqi Akbar, S.I.K.M.H. as Head of Criminal Investigation Unit of Deli Serdang Police Station. Secondary data is data obtained from library materials both books, laws and regulations, the internet and writings related to the problems studied by quoting, reading, and analyzing. The analysis is carried out qualitatively while, the conclusion is drawn using the deductive thinking method. The results of this study indicate that the factors causing the theft of motorized vehicles with violence in the Deli Serdang Police District are economic factors that force people to fulfill their needs but it is difficult to get money such as poverty, unemployment, and layoffs, environmental factors are factors that are broader in scope there is a family environment and community association, educational factors that are a means for someone to know which ones are good and bad, factors of intention and opportunity, and social and cultural factors that change traditional habits into modern ones. The role of the police in tackling the crime of theft of motorized vehicles with power is divided into preventive (prevention) and repressive (prosecution).

PENEGAKAN HUKUM TERHADAP KEKERASAN DALAM RUMAH TANGGA DI TINJAU DARI HUKUM ADAT

2025-07-16T04:43:27+02:00

Law enforcement is an effort to implement the law and prevent discrimination in society, in order to achieve legal certainty in tracing whether this law is working well or not. And how this law provides protection for victims of violence. This research uses normative legal research methods with a conceptual and statutory approach. The research results show that law enforcement against domestic violence in terms of customary law is still inadequate. Therefore, strict law enforcement is very necessary to provide protection to victims, provide preventive action against perpetrators, and carry out rehabilitation to stop the cycle of violence. Enforcement of this law has not had a deterrent effect on perpetrators while there is already a PKDRT law. If we look at it from customary law, it depends on customary law, which is more about providing education to victims of domestic violence and giving fines to perpetrators. The laws and regulations should be enforced in accordance with the crimes committed. According to customary law, it is adequate, from the fines to the punishments that apply in each custom.

FUNGSI DAN TUGAS LEMBAGA PEMASYARAKATAN DALAM MELAKUKAN PEMBINAAN TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN TANJUNG GUSTA KELAS I MEDAN

2025-07-16T06:01:02+02:00

Correctional Institutions are a development system that uses an approach that focuses on the potentials of prisoners and the community, so that the community is involved in developing and integrating prisoners into the community and is called the "Developing Community". Tanjung Gusta Class 1 Medan Correctional Institution views prisoners as not objects but as subjects of development who essentially commit unlawful acts due to the rift in the relationship between life, living and livelihood. Correctional Institutions are closely related to "rehabilitation" and "resocialization". Rehabilitation” and “resocialization” are closely related to the implementation of the correctional system. In this case, it attempts to socialize prisoners so that they become good and useful citizens. The implementation of “resocialization” is actually not an easy job because the prisoners being handled have different criminal backgrounds. The correctional system for prisoners is implemented from the examination process to guidance in correctional institutions. Guidance in correctional institutions is central to achieving the success of this guidance. Good and successful guidance is continued by obtaining “rehabilitation”, and finally society can accept them back.

PROBLEMATIK PERKAWINAN ADAT PASU-PASU RAJA DI KECAMATAN AJIBATA KABUPATEN TOBA

2025-07-16T06:14:01+02:00

This research aims to understand and analyze the problems that arise as a result of the Pasu- pasu Raja marriage in the context of law and custom. The research medhod used of normative juridical, with the main data source being Law Number 1 of 1974 concerning marriage which is complemented by field research using observation techniques, namely by taking a distance from the research object. The results of the research show that the Pasu- pasu Raja traditional marriage is recognized according to custom but does not meet the legal requirements according Law Number 1 of 1974 concerning marriage which requires religious recognition and registration in the civil registry. As a result, couples who marry through Pasu-pasu Raja do not have a clear legal status which impacts their rights and obligations and children born in this marriage are considered illegitimate in the context of state law.