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All Journal Jurnal Legalitas Dialogia Iuridica Journal of Law and Policy Transformation Collegium Studiosum Journal Arus Jurnal Sosial dan Humaniora DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Estudiante Law Journal Indonesian Journal of Community Empowerment Jurnal Pengabdian Masyarakat Adagium: Jurnal Ilmiah Hukum Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Irlan Puluhulawa
Faculty Of Law, Universitas Negeri Gorontalo
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Demanding Progressive Judges' Decisions for Fulfillment of Justice for Disputing Parties Fence M Wantu; Irlan Puluhulawa
Jurnal Legalitas Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (468.834 KB) | DOI: 10.33756/jelta.v16i1.18435

Abstract

Basically, judges are the main actors organizing judicial power and at the same time as guardians of justice for litigants. Judge decisions that reflect law and justice simultaneously are not easy to realize. The objectives of this study are 1). To find out and analyze the development of progressive legal teachings through judges' decisions in court. 2). To find out and analyze the teachings of progressive law through judges' decisions and their influence on justice. The research method used is normative. The approaches taken are as follows: a). statute approach. b). Conceptual approach. c). Case approach. The sources of legal materials used consist of primary legal materials, secondary legal materials and tertiary legal materials. While the analysis used in this research is descriptive technique and comparative technique. The conclusions of this research are 1). The development of progressive legal teachings through judges' decisions in court is a must and cannot be negotiated anymore. 2). That the teachings of progressive law through judges' decisions and their influence on justice to answer the demands of the times today that judges' decisions are no longer only identical to the written legal rules contained in the law as taught by positivism, but judges' decisions are as much as possible able to provide welfare for the parties to the dispute and justice seekers and society in general.
Granting Clemency To Narcotics Convicts: Overview From The Political Perspective Of Indonesian Criminal Law Irlan Puluhulawa
Jurnal Legalitas Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.711 KB) | DOI: 10.33756/jelta.v14i2.11147

Abstract

This research aims to examine the granting of clemency by the president to convicts of narcotics cases in the perspective of legal politics. In Law No. 22 of 2002 concerning Clemency, it does not specifically explain the category of crimes that can or cannot be granted clemency. Also, the Clemency Law does not specify the reasons that can be used by the applicant. There are two main problems in this study, namely (1) What is the mechanism for granting clemency to narcotics convicts? and (2) How is the legal politics of granting clemency by the president to convicts of narcotics cases in the future? This study uses a normative research method with a statutory approach, an analytical and legal conceptual approach, and a case approach. Based on this research, it can be concluded that the mechanism for granting clemency to narcotics convicts based on Law No. 22 of 2002 concerning clemency is the same as the mechanism for granting clemency in general or there is no special classification for certain crimes. Then the researcher recommends to revise the clemency law by adding the classification of extraordinary crimes in this case drugs as an exception from granting clemency. Then the consideration of the Supreme Court must take precedence in the clemency application process before appealing to the president.
Investigating the Existence of Gorontalo Customary Law in the National Criminal Code Apripari Apripari; Vifi Swarianata; Jufryanto Puluhulawa; Irlan Puluhulawa; Dewi Nuramanah Matte
Dialogia Iuridica Vol. 14 No. 2 (2023): Vol. 14 No. 2 (2023): Dialogia Iuridica Journal Vol. 14 No. 2 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i2.6250

Abstract

Through Article 2 paragraph (1) of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (National Criminal Code), customary law opportunities are open to existing through the prerequisites contained in the Explanation to Article 2 paragraph (1). For this reason, this study aims to determine the opportunities for the existence of Gorontalo customary law through the prerequisites contained in the Explanation of Article 2 paragraph (1) of the National Criminal Code. This research uses normative legal research methods with a statutory approach and conceptual approach and uses primary, secondary and tertiary legal materials. The legal material is then analyzed qualitatively using grammatical, systematic, and historical interpretations. The results showed that Gorontalo customary law exists through the presence of several regional regulations, including (1) Gorontalo Provincial Regulation Number 2 of 2016 concerning the Implementation of Customary Institutions; (2) Gorontalo Mayor Regulation Number 10 of 2020 concerning the Implementation of the Dulohupa Customary Institution of Gorontalo City; and (3) Regional Regulation of Bone Bolango Regency Number 8 of 2020 concerning the Implementation of Customary Institutions. Furthermore, through regulations at the regional level, Gorontalo customary law is also present through concrete events such as the management of customary institutions carried out periodically. Based on this, the regulation of concrete norms related to acts prohibited under living law in regional regulations as required by the Explanation to Article 2 paragraph (1) of the National Criminal Code will have a very large opportunity.
Kemampuan Membangun Kreatifitas Masyarakat Desa Biluhu Timur Mewujudkan Transformasi Digital Elfikri, Nurul Fazri; Junus, Nirwan; Badu, Linawaty Wadju; Mamu, Karlin; Puluhulawa, Irlan; Kai, Muh. Iksan Putra
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Vol. 4 No. 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v4i2.23119

Abstract

Kemampuan Membangun Kreatifitas Masyarakat Desa Biluhu Timur Mewujudkan Transformasi DigitalAbstrak: Salah satu permasalahan yang dialami masyarakat desa Biluhu Timur terkait pelayanan administrasi yang masih lambat dan membutuhkan proses yang lama. Hal ini diperkuat pernyataan kepala desa, dimana masih terdapat kendala dalam pelayanan yang disebabkan oleh keterbatasan sumber daya manusia dan infrastruktur serta sarana prasarana desa. Terbatasnya sistem jaringan dan sulitnya akses menuju Kantor desa juga masuk dalam permasalahan yang dihadapi oleh desa biluhu timur. Secara geografis letak Desa Biluhu Timur mestinya dapat memberikan keuntungan lebih bagi masyarakat khususnya dalam mengembangkan potensi laut, baik melalui pengelolaan destinasi wisata maupun sumber daya alam lainnya. Olehnya, melihat permasalahan yang ada di daerah tersebut, tim Organisasi Mahasiswa melahirkan solusi yang sifatnya konstruktif dan searah dengan visi dan misi kepala desa berkaitan dengan digitalisasi desa. Solusi ini berkenaan dengan keberadaan BUMDes (Badan Usaha Milik Desa) di Desa Biluhu Timur untuk dikembangkan agar lebih optimal dan berkesinambungan.  Ability to Build Community Creativity in Biluhu Timur Village to Realise Digital Transformation                                                                                        Abstract: One of the problems experienced by the people of Biluhu Timur village is related to administrative services that are still slow and require a long process. This is reinforced by the statement of the village head, where there are still obstacles in services caused by limited human resources and village infrastructure and facilities. limited network systems and difficult access to the village office are also included in the problems faced by East Biluhu village. The geographical location of Biluhu Timur Village should be able to provide more benefits for the community, especially in developing the potential of the sea, both through the management of tourist destinations and other natural resources. Therefore, seeing the problems that exist in the area, the Student Organization team came up with a solution that is constructive and in line with the vision and mission of the village head related to village digitalization. This solution is related to the existence of BUMDes (Village-Owned Enterprises) in Biluhu Timur Village to be developed to be more optimal and sustainable. 
Mapping The Effectiveness Of Restorative Justice Through Rehabilitation In Handling Drug Abuse Cases Nurhaliza B., Siti; Kaluku, Julisa Aprilia; Puluhulawa, Irlan
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.25590

Abstract

The purpose of this research is to describe the effectiveness of restorative justice through rehabilitation in drug abuse cases at the Gorontalo Provincial BNN, as well as to identify the inhibiting factors. This research uses empirical legal approach with descriptive method, conducted at the Office of National Narcotics Agency of Gorontalo Province. Data were collected through interviews, literature review, and documentation, with qualitative data analysis. The results showed that restorative justice through rehabilitation has not been fully effective, as indicated by drug abusers who still use drugs again after rehabilitation. The inhibiting factors include internal aspects such as the patient's lack of determination and external aspects such as inadequate facilities and infrastructure and negative stigma from the community
The Effectiveness of The Role of the National Narcotics Agency in the City of Gorontalo in Preventing Drug Distribution Isa, Mohamad Rizky; Puluhulawa, Irlan
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.17485

Abstract

This study aims to identify and analyze the role of the Gorontalo City National Narcotics Agency (BNN) in preventing drug trafficking from the perspective of legal effectiveness and the challenges it faces. Using normative-empirical research with statutory and case approaches, the study finds that the legal framework and law enforcement factors are adequate but require increased capacity and resources. Facilities are sufficient but need laboratory upgrades. Community involvement must be strengthened, and deviant cultural behaviors among officials need elimination. Overall, the BNN's role is effective, but enhancements in these areas are necessary. Challenges include low community participation, poor public understanding of narcotics regulations, and insufficient funding for eradication efforts.
PENDAMPINGAN PENYUSUNAN STANDAR OPERASIONAL PROSEDUR PELAYANAN KEPEMILIKAN HAK ATAS TANAH DI DESA PILOHAYANGA KECAMATAN TELAGA KABUPATEN GORONTALO Abdul Hamid Tome; Weny A Dungga; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa; Dian Ekawaty Ismail; Irlan Puluhulawa
BESIRU : Jurnal Pengabdian Masyarakat Vol. 1 No. 8 (2024): BESIRU : Jurnal Pengabdian Masyarakat, Agustus 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/wbe4fz98

Abstract

This service activity focuses on assisting in the preparation of Standard Operating Procedures (SOP) for land ownership services in Pilohayanga Village, Telaga District, Gorontalo Regency. The background to this activity is that there are obstacles in the process of issuing letters of release of land rights caused by the absence of standard SOPs in the village. Through observation, interviews and participatory workshops, this activity aims to increase understanding of village officials and the community regarding regulations and appropriate administrative mechanisms for releasing land rights. A participatory approach in preparing SOPs ensures that local needs are properly accommodated, so that the final product is more relevant and effective in addressing existing problems. The results of the activity show an increase in village officials' understanding of correct administrative procedures and commitment to implementing the prepared SOPs. Thus, this activity not only produces clear technical guidance, but also strengthens government governance at the village level, especially in the aspect of transparent and accountable public services.
GRASI DALAM KASUS NARKOTIKA DI ANTARA KEBIJAKAN KEADILAN DAN UPAYA PENEGAKAN HUKUM Puluhulawa, Irlan
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1331

Abstract

This research examines the process of giving mercy to drug prisoners and if it supports criminal law's drug crime prevention goals. Drug offences in Indonesia are regarded extreme crimes that destroy social order and affect the younger generation, hence they are generally sentenced to death or life in prison. The President's power under Article 14 paragraph (1) of the 1945 Constitution and Law No. 22 of 2002 respecting Clemency allows offenders to request clemency. Granted pardon to drug offenders creates a conflict between severe law enforcement to prevent and rehabilitation and social reintegration. This research employs normative, statutory, and juridical-analytical methods. The 1945 Constitution, Law No. 22 of 2002 on Clemency, and Law No. 35 of 2009 on Narcotics, as well as court rulings on drug clemency, are examined in this paper. To understand how mercy is applied to drug offences, retributive, utilitarian, and rehabilitative philosophies of punishment were examined. This research found that although clemency may help rehabilitate offenders, it might also impair drug crime deterrence. To prevent reoffending, drug clemency must be backed by a thorough rehabilitation program and based on tougher and more open standards. Thus, clemency policy change is required to reconcile justice, prevention, and rehabilitation in Indonesian criminal law.
PENINGKATAN PEMAHAMAN PEMBAGIAN HAK MEWARISI BAGI GENERASI MUDA DI KELURAHAN LIBUO KABUPATEN POHUWATO Abdussamad, Zamroni; Puluhulawa, Irlan
MAJU : Indonesian Journal of Community Empowerment Vol. 1 No. 6 (2024): MAJU : Indonesian Journal of Community Empowerment, November 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/v5qtvr65

Abstract

The division of inheritance that is not in accordance with the amount and object of inheritance in accordance with inheritance law is also caused by the heirs, who in fact are the younger generation, not knowing the inheritance distribution mechanism in accordance with the actual inheritance law system. Therefore, this service is carried out in the form of an initial survey of inheritance rights issues for youth groups, legal counseling on the distribution of inheritance rights for the younger generation, and the making of an easy-to-use and easy-to-understand inheritance division pocket book with current models and language. The results of the service by hacking a product in the form of a pocket book for the community in general and the younger generation in particular in Buhu Jaya village provide benefits for the village with the understanding possessed by the younger generation of inheritance rights, it will create a community environment that is far from disputes and creates a sense of security and comfort among fellow community members.
The Practice Of Deligitimization Decisions Court Due to The Intersection Of Judicial Review in Indonesia A Arief, Supriyadi; Piyo, Sofyan; Usman, Ramadhan; Hippy, Janwar; Puluhulawa, Irlan
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10120

Abstract

The Post-Decision Intersection Between the Supreme Court and the Constitutional Court in Indonesia. The Constitutional Court Decision No. 70/PUU-XXII/2024 and the Supreme Court Decision No. 23/P/HUM/2024, both addressing the age eligibility requirements for candidacy in the 2024 simultaneous regional elections, have reignited tensions between two branches of judicial power. This tension is further exacerbated by the decision of the House of Representatives (DPR), through a Working Committee meeting, to favor the Supreme Court’s ruling. This study aims to analyze the extent of the intersection between the Supreme Court (MA) and the Constitutional Court (MK) by examining their respective decisions. The analysis adopts a normative approach, relying on secondary data as the primary source, supported by statutory, case law, and conceptual approaches to address the core issues. The findings reveal that the overlap between the Supreme Court and the Constitutional Court in conducting judicial reviews of regulations has led to delegitimization between Supreme Court Decision No. 23/P/HUM/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024. To address this issue, both courts must exercise judicial restraint, particularly regarding substantive matters with potential overlap between their jurisdictions. Such restraint is essential to prevent external parties or institutions from exploiting court decisions to advance their institutional agendas, thereby avoiding unnecessary institutional conflicts.
Co-Authors Abdul Hamid Tome Apripari, Apripari Badu, Linawaty Wadju Dewi Nuramanah Matte Dian Ekawaty Ismail Fence M Wantu Isa, Mohamad Rizky Janwar Hippy Jufryanto Puluhulawa Julisa Aprilia Kaluku Kai, Muh. Iksan Putra Mamu, Karlin Muhamad Rusdiyanto Puluhuluwa Nirwan Junus Nur Azmi Kurnia Amili Nurhaliza B., Siti Nurul Fazri Elfikri Pakaya, Juwana Puluhulawa, Moh. Rusdiyanto U Putri H. Yassin Sofyan Piyo Supriyadi A Arief Usman, Ramadhan Vifi Swarianata Weny A Dungga Zamroni Abdussamad