Journal Recht (JR)

ANALYSIS OF THE APPLICATION OF LAW FOR PERPETRATORS OF FRAUD BASED ON COURT DECISIONS (CASE STUDY NUMBER 14/PID.B/2024/PN.KBJ)

Artika Damayanti Laia, Hana Niken Sihotang, Maslon Hutabalian — Mon, 30 Jun 2025 00:00:00 -0700

This study analyzes the discrepancy between court decisions that classify a criminal act as fraud with the potential for a more appropriate classification as embezzlement based on case analysis. This study aims to determine the application of material criminal law to the crime of fraud based on court decision number 14/Pid.B/2024/PN.kbj and to identify factors and considerations that influence the judge's decision based on court decision number 14/Pid.B/2024/PN.kbj. The research methodology involves descriptive analysis of court decisions that decide as fraud with a focus on elements such as the perpetrator's intention, the way the act was carried out, and the existence of a relationship of trust between the perpetrator and the victim. The results of the study show that, although the court decided as fraud, the evidence is more directed at elements of embezzlement, such as misuse of funds or assets that are entrusted. Misapplication of the law, both in terms of evidence and elements, should be further examined, although they have similarities. It is important to remember that fraud and embezzlement are still different crimes, the main difference lies in how the perpetrator obtained the victim's property. This study concludes that there is a need for increased understanding and training for law enforcement officers and judges regarding the fundamental differences between fraud and embezzlement to ensure fairness and accuracy in court decisions

LEGAL PROTECTION OF UNDERAGE MARRIAGE FROM THE PERSPECTIVE OF CHILD PROTECTION IN KABANJAHE DISTRICT COURT

Selenc Gracia Pandia, Rayani Saragih, Maslon Hutabalian — Mon, 30 Jun 2025 00:00:00 -0700

This study aims to determine the factors that cause underage child marriage and to determine the form of legal protection for underage marriage according to Law Number 35 of 2014 concerning child protection. The formulation of the problem in this study is the factors that cause underage child marriage and the form of legal protection for underage marriage according to Law Number 35 of 2014 concerning child protection. This research method is normative juridical research, namely through the study of regulations and various positive norms in legislation as regulations for human life. The data collection technique in this study was library research, namely data obtained from reading books, literature and legislation related to this writing, especially those related to legal protection against underage marriages seen in the child protection law and based on data from the Kabanjahe District Court.The results of the study indicate that internal factors (self-desire) where factors that influence young marriage can come from internal factors, namely factors originating from within the individual and external factors also cause children to marry underage, including economic factors, education, parents, mass media and the internet, biological, getting pregnant outside of marriage and customary factors. Meanwhile, legal protection for underage children who marry according to Law Number 35 of 2014 concerning child protection is seen based on preventive law and repressive law.

Juvenile Justice and the Rights of Juvenile Offenders

Maria Ferba Editya, Jimmy Prisma Sinuhaji — Mon, 30 Jun 2025 00:00:00 -0700

The focus of this research is to understand the types of legal protection provided by the authorities to children who commit criminal acts. The type of research used is library research. Based on the research results, it was determined that at each stage of the juvenile delinquency process, there are types of support offered to juvenile delinquents. Starting from the point of arrest, the point of detention, the point of investigation, trial and after trial, including the training period. Another form of support is efforts to resolve criminal cases outside of court, meaning that children's cases are always resolved through various means, and this must be done in all areas of juvenile delinquency. The aim of legal protection for child perpetrators is to respect the human rights of perpetrators so that their mental health is not disturbed, their legal rights are respected, and their actions are avoided continuously and unjustly.

LEGAL ANALYSIS OF MARRIAGE TRADITION AND INHERITANCE DIVISION IN KARO CUSTOM MERGA SILIMA IN MERDEKA VILLAGE)

Gio Fani Sembiring Pandia, Rayani Saragih, Maria Ferba Editya — Mon, 30 Jun 2025 00:00:00 -0700

This study analyzes the marriage tradition and inheritance distribution mechanism in the Karo Merga Silima custom in Merdeka Village. The approach used is empirical juridical with qualitative descriptive methods. The results of the study indicate that the Karo customary marriage tradition is carried out through several sacred stages such as Mbaba Belo Selambar, Nganting Manuk, and Kerja Adat. Meanwhile, the distribution of inheritance follows a patrilineal system, where sons obtain primary rights to inheritance, while daughters only receive a share based on affection. This study emphasizes the importance of customary deliberation (runggu) in maintaining the harmony of inheritance distribution.

IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE SETTLEMENT OF JUVENILE OFFENSES IN KARO DISTRICT ATTORNEY'S OFFICE CASE STUDY

Viktor Riusman Laia, Maslon Hutabalian, Hana Niken Julia Sihotang — Mon, 30 Jun 2025 00:00:00 -0700

Restorative Justice (RJ) is an approach to resolving criminal cases that emphasizes victim recovery, perpetrator accountability, and community involvement. In the context of juvenile crime, this approach is an alternative solution to avoid the negative impacts of the conventional justice system on children in conflict with the law. This study aims to analyze the implementation of Restorative Justice in resolving juvenile crime cases at the Karo District Attorney's Office, by highlighting the principles of RJ and the factors that become obstacles in its implementation. The research method used is the normative juridical method with a qualitative approach. Data were obtained through interviews with prosecutors, supported by a study of related documents and regulation no. 15 of 2020 concerning RJ. The results of the study indicate that the implementation of Restorative Justice at the Karo District Attorney's Office refers to the main principles of RJ, namely restoration, participation, and balance of interests. However, there are several obstacles in its implementation, including the lack of public understanding of RJ, resistance from victims in accepting peace, and limited legal resources that support the optimal implementation of RJ. This study emphasizes the importance of increasing socialization of the concept of Restorative Justice to the community and strengthening regulations to support its more effective implementation in the juvenile criminal justice system.

LEGAL ANALYSIS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN DOMESTIC VIOLENCE CASES (CASE STUDY: TANAH KARO POLICE)

Saina Eunika Y C Br Tarigan, Rayani Saragih, Maslon Hutabalian — Mon, 30 Jun 2025 00:00:00 -0700

This study aims to determine how restorative justice is implemented in resolving domestic violence in Polres Tanah Karo and to determine what factors and obstacles are in the implementation of restorative justice in resolving domestic violence in Polres Tanah Karo. This research method is normative juridical legal research, because it focuses on the implementation of restorative justice as an effort to resolve domestic violence crimes in Polres Tanah Karo. The author uses a normative juridical approach research type, starting by analyzing the regulations governing restorative justice, then analyzing problems in real life in this case conducting interviews in Poles Tanah Karo related to the implementation of restorative justice in resolving domestic violence. The results of the study indicate that the application of restorative justice in resolving domestic violence at the Tanah Karo Police consists of two methods, namely using penal mediation which is carried out by bringing together the two parties to resolve the problem through mediation (deliberation) in a family manner, where the parties involved in mediation are only neutral parties who assist the parties in the negotiation and settlement process through legal channels which will be processed according to applicable law, while the factors and obstacles in the application of restorative justice in resolving domestic violence at the Tanah Karo Police are seen from factors from the victim and perpetrator and factors from the community. Meanwhile, the obstacle in the application of restorative justice is the reluctance of the parties to resolve cases in the police for unknown reasons, for example if there is a summons from the police to conduct mediation, they (the perpetrator/victim) are not present