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All Journal Jurnal Legalitas Jurnal Konstitusi Lex Scientia Law Review Jurnal Kewarganegaraan Journal of Comprehensive Science JURNAL CIVIC EDUCATION: MEDIA KAJIAN PANCASILA DAN KEWARGANEGARAAN Jurnal Sosial dan Sains Jurnal Hukum dan Sosial Politik Estudiante Law Journal Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Perkara: Jurnal Ilmu Hukum Dan Politik Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora QOSIM: Jurnal Pendidikan, Sosial & Humaniora Jurnal Riset Ilmiah Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jurnal Intelek Dan Cendikiawan Nusantara Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Jurnal Ilmiah Multidisiplin Keilmuan Mandira Cendikia (JIMK-MC) Lex Scientia Law Review
Lisnawaty W. Badu
Universitas Negeri Gorontalo
Religion Agriculture, Biological Sciences & Forestry Humanities Astronomy Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Analisis Putusan Tindak Pidana Pemerkosaan Pada Anak Di Bawah Umur: (Studi Putusan Pengadilan Negeri Limboto Nomor: 115/PID.sus/2022/PN.LBO) Syifah Aziza Ismail; Lisnawaty W. Badu; Julisa Aprilia Kaluku
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.300

Abstract

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.
Anak Sebagai Pelaku Residivis Tindak Pidana Pencurian Dan Perlindungan Hukumnya Sitti Nurhaliza Musa; Lisnawaty W Badu; Julisa Aprilia Kaluku
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.353

Abstract

: The aim of this research is to find out how legal protection is for minors as recidivists of criminal acts of theft and the causal factors in Gorontalo City. The method used is an empirical approach based on field facts, then analyzed descriptively qualitatively. The research results show that legal protection for children who are recidivists is provided during the legal process, starting from the investigation, arrest and detention stages. The legal process is carried out in accordance with the provisions of the SPPA Law, and prioritizes the needs, development and growth of children, both physically, mentally and socially. The implementation of legal protection for children who are in conflict with the law, especially for repeat criminals or recidivists, is carried out in the same way as for first-time perpetrators of other criminal acts, but the only difference is that diversion efforts are not applied to those who are recidivists. The protection carried out by the police is to fulfill children's rights in every ongoing legal process; The investigation prioritizes a family atmosphere; and Separate Detention. The cause of children becoming recidivist perpetrators of the crime of theft in Gorontalo City is environmental factors; Economy problem; There is leniency in punishment and lack of effective coaching; and Factors of legal awareness and parental negligence. Therefore, in implementing legal protection for children who commit criminal acts, especially for recidivist perpetrators, law enforcement officers are expected to pay attention to the psychological and social conditions of children, but still prioritize providing a deterrent effect so that perpetrators are afraid to repeat their crimes. These efforts include, for example, implementing existing legal procedures by fulfilling all children's rights, but still carrying out repressive action by providing sanctions as regulated in statutory regulations, and not imposing diversion on perpetrators who repeat criminal acts. Apart from that, the government and especially parents pay as much attention as possible to ensuring life for children, so that they do not become perpetrators of criminal acts such as theft. This is because children are sometimes forced to commit these crimes due to their needs not being met properly, or even due to pressure from other parties.
Tindak Pidana Fidusia Dan Penegakan Hukumnya di Kota Gorontalo Dwi Intan Lestari Ahmad; Lisnawaty W Badu; Julisa Aprilia Kaluku
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.354

Abstract

This research discusses the effectiveness of law enforcement against fiduciary crimes in Gorontalo City and the factors that influence its enforcement. The method used in this research is empirical, using field data and facts, and analyzed descriptively qualitatively. Based on the research results, law enforcement against fiduciary crimes in the city of Gorontalo has not been effective, this is due to a trend of increasing and increasing cases from year to year (from 2022 to 2023). Based on the existing case data regarding fiduciary crimes from year to year, where in 2020 there were 17 cases and in 2021 there were 45 cases, it can be said that this has increased by almost 300% (percent). Meanwhile in 2022 there will be a decrease from 45 cases to 30 cases. This means that it only experienced a decrease of around 35% (percent) compared to the previous large increase. However, this number then increased again to 54 cases in 2023 (until August), so that the upward trend this year is around 95% (percent). Based on this, law enforcement against this criminal act has not been effective because it has not completely decreased every year but instead there has been a significant increase. Factors that influence law enforcement for fiduciary crimes at the Gorontalo City Police Department are the identity of the perpetrator being unclear and running away, collateral objects that are difficult to trace, as well as inadequate human resources and infrastructure.
Pelanggaran Lalu Lintas Berdasarkan Undang-Undang No. 22 Tahun 2009 Tentang LLAJ di Kota Gorontalo Melalui Electronic Traffic Law Enforcement (ETLE) Lukman Oktavian Kadir; Lisnawaty W Badu; Jufryanto Puluhulawa
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.403

Abstract

This research is intended to: (1) find out how effective the implementation of Electronic Traffic Law Enforcement (ETLE) is for traffic violations based on Law no. 22 of 2009 concerning Traffic in Gorontalo City. The research results show, first, the implementation of the ETLE system for traffic violations based on the LLAJ Law in Gorontalo City is to modernize the system for handling traffic violations, enforce traffic laws, and in order to instill a culture of compliance in traffic. Apart from that, the implementation of the ETLE system in Gorontalo City is quite effective and better than conventional systems because the ETLE system can produce more violation data, is efficient in terms of time, and does not require deploying officers in the field directly. Second, the factors that hinder the implementation of the ETLE system in Gorontalo City are the lack of a culture of traffic compliance by the community, a mismatch between the data held by officers and the data recorded by the ETLE system, and the ETLE system not being able to detect certain types of violations.
Faktor Penghambat Pelaksanaan Rehabilitas Anak Pengguna Narkoba Di Lembaga Pembinaan Khusus Anak Verawati Ismail; Lisnawaty W. Badu; Nuvazria Achir
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2522

Abstract

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.
Faktor Penghambat Kepolisian Resor Gorontalo Dalam Penanganan Dugaan Kepemilikan Batu Hitam Yang Ditemukan Di Kecamatan Pulubala: (Studi Kasus Tipidter Polres Gorontalo) Nurmala Unti; Lisnawaty W. Badu; Jufryanto Puluhulawa
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2556

Abstract

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.
Faktor Penyebab Terjadi Tindak Pidana Penganiayaan Anak Indriyanti Mahmud; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2856

Abstract

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.
Penyelesaian Tindak Pidana Dan Penerapan Sanksi Asusila Oleh Anak Di Bawah Umur Di Gorontalo Alfian Sompie; Mohamad Rusdiyanto U Puluhulawa; Lisnawaty W. Badu
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1671

Abstract

Cases of crimes involving children as perpetrators of crimes bring their own phenomena. Considering that children are individuals who are still emotionally unstable have become legal subjects, the handling of crime cases with child perpetrators needs special attention, starting from the Criminal Procedure Law applicable to children. The Code of Criminal Procedure of the child regulates in particular the obligations and rights acquired by the child. The handling of children as perpetrators of criminal acts from year to year has always drawn criticism from academics, practitioners and the public. This is more due to the culture that is maintained from generation to generation in the mindset of law enforcement in dealing with criminal offenders. Regarding the systematics or legal order that in fact discusses about children, the existence of child criminal law if a child is committing a criminal act while he is still relatively underage or not legally competent. Children commit immoral acts that are currently happening in Gorontalo. This case really happened and the way the punishment turned out to be very different from adults in general. Cases of crimes involving children as perpetrators of crimes bring their own phenomena. Considering that children are individuals who are still emotionally unstable have become legal subjects, the handling of crime cases with child perpetrators needs special attention, starting from the Criminal Procedure Law applicable to children. The Code of Criminal Procedure of the child regulates in particular the obligations and rights acquired by the child.
Upaya Pencegahan Kekerasan Seksual Di Lingkungan Pendidikan Universitas Negeri Gorontalo Rismawan M. Pole; Lisnawaty W. Badu; Moh. Taufiq Z. Sarson
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 3 (2023): SEPTEMBER : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v1i3.368

Abstract

This study aims to determine the guarantee of the consumer protection institution foundation for consumer rights to the forced recall of vehicles. The research method used is an empirical legal research method using a descriptive approach and qualitative analysis techniques. The results of this study show that YLKI's role in guaranteeing consumer rights regarding the case of the forced withdrawal of motorized vehicles by the leasing party includes providing awareness to the public and providing advocacy and legal consultation for consumers who experience losses. On the first point In order to increase consumer awareness, LKY consistently strives to carry out community-based activities so that more and more people can find out about the materials or messages being disseminated to increase understanding and awareness of consumer rights. While providing advocacy and legal consultations for consumers who have experienced losses as an effort to fight for the rights of consumers who have suffered losses from finance companies. The two roles mentioned above are a form of guarantee of legal protection for consumers who experience losses.
Penyebab Perempuan Menjadi Korban Kekerasan Akibat Minuman Keras di Lingkungan Keluarga Sri Rizkhika; Lisnawaty W. Badu; Jufryanto Puluhulawa
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 3 (2023): SEPTEMBER : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v1i3.377

Abstract

This study aims to determine the causes of women becoming victims of violence due to alcohol in the family environment. The research method used is an empirical legal research method using a descriptive approach and qualitative analysis techniques. The results of this study indicate that there are two factors that cause women to become victims of violence due to drinking alcohol in Gorontalo City, namely internal factors consisting of the personality of the woman (victim) and the personality of the man (the perpetrator). While the external factors themselves consist of economic factors and infidelity factors. For victims, with the facts that occur in the field where alcohol is a trigger for domestic violence, it is for the victims, in this case the wife, to continue to provide awareness to her husband in order to place limits on the actions taken. And the perpetrators too so as not to exceed the limits of awareness in terms of drinking liquor so that families at home do not become victims of violence for actions due to excessive consumption of liquor.
Co-Authors Abas Kaluku Ahmad Ahmad Alfian Sompie Ana Čović Anis Bajrektarevic Aniza Lakoro Annisa Refi Daenunu Aprilia Basir Apripari, Apripari Avelia Rahmah Y Mantali Azelchie Caroline Balqis, Ainun Agustina Atiqah Bara Firmansyah Dandi Badu Dhevindhra Aditya Djohn Bilondatu Dian Rizqi Oktaria Naway Djamadi, Noval Djamaludin Habi Dwi Intan Lestari Ahmad Farhan Hiola Fathur Rahman Mustabir Fenty U. puluhulawa Indriyanti Mahmud Jufryanto Puluhulawa Julisa Aprilia Kaluku Julius T. Mandjo Karlin Z. Mamu Lukman Oktavian Kadir Luksiana Lasimpala Mandjo, Julius T. Mellisa Towadi Moh. Taufiq Z. Sarson Mohamad Taufiq Zulfikar Sarson Muda, Mahmud Muhamad Rusdiyanto Puluhuluwa MUHAMMAD SHOLEH Mutia Cherawaty Thalib Ni Wayan Erlianti Nikma Gustiani Hasan Noval Sufriyanto Talani Novendri M Nggilu Novita Ketcil Nurfadhila Apriliani Mohamad Nurmala Unti Nuvazria Achir Puluhulawa, Sitty Masitha Syeila Rafliansyah Manti Rasyid, Rahmat Eka Putra Rismawan M. Pole Rizal Alulu Samuel Samuel Sifat, Ditasya Amalia R. Siti Nurhaliva Gani Sitti Nurhaliza Musa Sri Nanang Meiske Kamba Sri Rizkhika Sri Winda Latif Suwitno Yutye Imran Syakinah Hamid Alamri Syifah Aziza Ismail Titik Mokoagow Trifani Pasilia Verawati Ismail Waode Mustika Zamroni Abdussamad Zhakila Salsabila Rizky Imani Pulubuhu Zhakilla Salsabilla Rizky Imani Pulubuhu