Articles
<![CDATA[Neutrality Law in the Age of Digitalization: An Analysis of the Russia-Ukraine Conflict ]]>
<![CDATA[Mellisa Towadi]]>;
<![CDATA[Zamroni Abdussamad]]>;
<![CDATA[Anis Bajrektarevic]]>;
<![CDATA[Lisnawaty W Badu]]>;
<![CDATA[Waode Mustika]]>
<![CDATA[ Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v7i1.61763
<![CDATA[This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.]]>
<![CDATA[Analisis Batas Kewenangan Antara Penyidik Kepolisian Republik Indonesia Dan BNN Dalam Melakukan Koordinasi Penyidikan Kasus Tindak Pidana Narkotika ]]>
<![CDATA[Annisa Refi Daenunu]]>;
<![CDATA[Lisnawaty W Badu]]>;
<![CDATA[Jufryanto Puluhulawa]]>
<![CDATA[ Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 1 No 4 (2023): Oktober : Jurnal Kajian Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/jaksa.v1i4.1404
<![CDATA[The purpose of this study is to find out how the duties and authorities between Polri investigators and BNN investigators coordinate investigations into narcotics crime cases. Harmonization or coordination is a fabric of collaborative work between law enforcement officials in order to achieve and complete joint tasks, the purpose of this paper is the form of authority exercised by the National Police and BNN in preventing and eradicating the abuse and illicit traffic of narcotics structurally and institutionally in more detail in the field investigation. Based on the results of research, various ways to eradicate Narcotics crime are inseparable from the participation & role of law enforcement officials or in the criminal justice system including the Indonesian National Police, the National Narcotics Agency, the Prosecutor's Office, the Judiciary and anti-narcotics community organizations. In article 6 of the Criminal Code what is meant by investigators are people who are given special authority by law to carry out investigations, including the Indonesian National Police, the National Narcotics Agency and Civil Servants or Assistant Investigators. Law No. 35 of 2009 concerning Narcotics Law enforcers who have the authority to investigate narcotics crimes can be carried out and carried out by BNN investigators & Polri investigators. It is clear that in carrying out this authority one must know what are the limitations in the authority to carry out the authority of both the National Narcotics Agency and the National Police in order to avoid overlapping. Regarding the issues discussed in this study, it is a form of coordination by the Indonesian National Police and the National Narcotics Agency in carrying out investigations into narcotics abuse cases and analyzing the boundaries of authority between the Indonesian National Police and the National Narcotics Agency in preventing and eradicating narcotics crimes in Indonesia. The research method used by researchers is normative juridical research that is analyzed qualitatively or in other words research that uses statutory analysis as primary legal material. Primary Legal Materials such as Books, Scientific Research, Opinions of Experts, Mass Media, Newspapers etc.]]>
<![CDATA[Victimological Review Of The Criminal Offence Of Child Abuse By Father And Step-Uncle ]]>
<![CDATA[Rizal Alulu]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23118
<![CDATA[Abstract: This study aims to determine the victimology review of victims of criminal acts of child molestation committed by their stepfather and uncle. This research raises two issues, namely how to review the victimology of victims of criminal acts of sexual abuse and the form of legal protection for children who are victims of criminal acts of sexual abuse. This research uses empirical legal research methods with a descriptive approach. The results of this research show that children who are victims of criminal acts of sexual abuse have a passive role in that they do not act, but with their attitude they push themselves to become victims, resulting in crimes occurring against them, whose nature and character tend to be weak physically and in terms of their thinking power. The legal protection provided is contained in Law Number 35 of 2014 in place of Law Number 23 of 2002 concerning Child Protection. Protection efforts include the rehabilitation of children who are victims and providing protection for the broadcast of victims' identities to prevent labeling of children which affects the future of children who are victims of criminal acts of sexual abuse.]]>
<![CDATA[Factors That Cause Families To Commit Crimes Against Children ]]>
<![CDATA[Zhakilla Salsabilla Rizky Imani Pulubuhu]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/eslaj.v5i3.23588
<![CDATA[This research aims to find out what factors cause families to commit criminal acts against children. This research uses empirical research methods by taking a qualitative approach. The results of this research found that cases of criminal acts against children occurred twice at the Gorontalo City Police in the past 3 years. In the child kidnapping case handled by the Gorontalo City Police, this case has become a case that has shocked Gorontalo residents recently. There was talk of a six year old child with the initials NV who suddenly disappeared and had even been searched for but not found around the city of Gorontalo until it was recently discovered that he had been taken by his aunt to Jakarta without his parents knowing. The perpetrator has been arrested by the Gorontalo City Police and stated that this case is currently in the second stage, namely the prosecutor's handling stage. Meanwhile, in the case of abuse that resulted in death, a five year old child died as a result of torture which caused several lacerations and bruises until the victim finally died. The perpetrators of this case are known to be the victim's step-grandmother, the victim's step-mother and none other than the victim's biological father.]]>
<![CDATA[Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Penggelapan Kepemilikan Hak Atas Tanah: (Studi di Desa Pilohayanga) ]]>
<![CDATA[Azelchie Caroline]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Nuvazria Achir]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i3.245
<![CDATA[This research aims to analyze the factors that cause criminal acts of embezzlement of ownership of land rights. The research method used in this research is empirical legal research using data collection techniques through direct observation and interviews with the litigants. The results of the research show that the factors that cause criminal acts of embezzlement of ownership of land rights include economic factors, lack of the concern of land owners regarding the wealth they own, the ignorance of the victim's heirs regarding land ownership, the current high price of land has resulted in people starting to look for their land, as well as the factor of selling or exchanging land at that time using a belief system, resulting in the transfer of land rights. there is no evidence of the land. Overcoming criminal acts of embezzlement of ownership of land rights in three ways: preemptive efforts, preventive efforts and repressive efforts, namely by taking more potential steps to avoid conflicts in the land sector..]]>
<![CDATA[Pengaruh Penjatuhan Sanksi Terhadap Pelaku Tindak Pidana Persetubuhan Anak Pada Putusan Nomor 4/Pid.Sus-Anak/2022/PN.Lbo ]]>
<![CDATA[Nurfadhila Apriliani Mohamad]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Julisa Aprilia Kaluku]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i3.299
<![CDATA[This research aims to analyze the effect of imposing sanctions on perpetrators of the crime of child sexual intercourse in decision number 4/pid.sus-anak/2022/PN.Lbo. This research is normative research by dissecting problems related to rules or norms, principles and regulations as well as court decisions, and analyzed descriptively. The research results show the factors that influence the judge in handing down decision number 4/Pid.Sus-Anak/2022/PN.Lbo regarding the crime of child sexual intercourse, seen from both juridical and non-juridical aspects, which pay attention to the charges given by the public prosecutor, the facts of the trial and is based on two valid pieces of evidence, namely the testimony of the witness and the defendant. Non-juridical considerations are that the perpetrator admits his actions and mistakes, promises not to repeat them; the perpetrator has never been convicted and makes a statement that he will be responsible for what he did; and act kindly and politely during the trial. Therefore, judges in examining sexual relations cases must be more proportional and prioritize conscience, especially in terms of providing protection to victims, considering the long-lasting effects on the future of children and the nation. Parents are expected to increase supervision and vigilance towards their children, especially girls so that they do not become victims of criminal acts. Apart from that, society and the government are expected to maximize the role and function of protecting children as the next generation]]>
<![CDATA[Analisis Putusan Tindak Pidana Pemerkosaan Pada Anak Di Bawah Umur: (Studi Putusan Pengadilan Negeri Limboto Nomor: 115/PID.sus/2022/PN.LBO) ]]>
<![CDATA[Syifah Aziza Ismail]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Julisa Aprilia Kaluku]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i3.300
<![CDATA[This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.]]>
<![CDATA[Faktor Penghambat Pelaksanaan Rehabilitas Anak Pengguna Narkoba Di Lembaga Pembinaan Khusus Anak ]]>
<![CDATA[Verawati Ismail]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Nuvazria Achir]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i2.2522
<![CDATA[This research discusses the Implementation and Inhibiting Factors of Rehabilitation of Children as Drug Users at the Gorontalo Children's Special Development Institution. The method used in the research is empirical with qualitative descriptive data analysis which describes and describes data and facts in the field. Based on the results of the research, the implementation of rehabilitation for children as drug users at the Gorontalo Province Special Child Development Institute is carried out through several stages, namely medical rehabilitation which begins with assessments and interviews as well as observations to examine the body and psychology in order to obtain information and history of narcotics addicts as supporting material for subsequent therapy. After the assessment, the next step is a routine examination process every 2 weeks by a health team or doctor, and administering medication according to the type of drug and the severity of the symptoms caused; Non-medical rehabilitation by carrying out a mental (spiritual) development process which is carried out routinely every day, in collaboration with religious foundations; and Social Rehabilitation by creating groups consisting of several people who have the same problem, then training in their skills to make work or crafts that have (economic) value. The Inhibiting Factors for Implementing Rehabilitation for Children who Use Drugs at the Gorontalo Province Special Development Institution for Children are limited human resources for officers; Limited Operational Funds; limited facilities and infrastructure, and lack of community support.Therefore, LKPA should continue to increase efforts to develop children so that they do not do similar things again in the future, by preparing rehabilitation infrastructure, including increasing competent and professional assistant staff. The community, especially families, must continue to provide full support for the process of coaching their children who are dealing with legal processes such as drugs, for the sake of the future of the nation and state.]]>
<![CDATA[Faktor Penghambat Kepolisian Resor Gorontalo Dalam Penanganan Dugaan Kepemilikan Batu Hitam Yang Ditemukan Di Kecamatan Pulubala: (Studi Kasus Tipidter Polres Gorontalo) ]]>
<![CDATA[Nurmala Unti]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Jufryanto Puluhulawa]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i2.2556
<![CDATA[The Indonesian government requires a Mining Business License (IUP) for mining activities as regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining (UU Minerba). The discovery of black stones in large quantities and indications of being the result of illegal mining activities is a serious problem that must be handled properly. In uncovering cases of ownership of mining products, police efforts are very important in uncovering networks of perpetrators of violations in the mining sector. The problems raised in this research are: What factors hinder the Gorontalo Resort Police in handling allegations of ownership of black stones found in Pulubala District. This research is directed at empirical legal research and the approach used in this research uses a statutory regulation approach and a case approach. This research was carried out at Gorontalo Police. The research results show that the inhibiting factors in handling allegations of black stone ownership in Pulubala District are limited personnel in the police Tipidter unit, the number of cases exceeding personnel capacity, limited time, budget for investigations, lack of cooperation from witnesses and suspects, as well as a lack of facilities and infrastructure. in carrying out the investigation process.]]>
<![CDATA[Faktor Penyebab Terjadi Tindak Pidana Penganiayaan Anak ]]>
<![CDATA[Indriyanti Mahmud]]>;
<![CDATA[Lisnawaty W. Badu]]>;
<![CDATA[Avelia Rahmah Y. Mantali]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i2.2856
<![CDATA[This research aims to determine the causes of criminal acts of child abuse. This research uses empirical legal methods and is based on phenomena and realities in the field, then analyzed descriptively. The results of the research are that the causes of criminal acts of child abuse in Gorontalo consist of internal factors originating from within the child in the form of a disputed object that arises when there is a previous debate between children, whether insults or fighting over things to close friends (boyfriends), the existence of feelings of hurt that arise because of other people's actions and words to themselves which offend the feelings and inner thoughts of children who are still unstable as being childish and not thinking far ahead. Meanwhile external factors consist of lack of family supervision; Existence of Organizational Groups; Lack of Mastery of Moral and Religious Education; and Electronic Media Broadcasts.]]>
