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Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006 Nusa, Apriyanto; Zainuddin, Asriadi; Imran, Suwitno Yutye; Darmawati, Darmawati
Jurnal Legalitas Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.27960

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure. The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.

Process of Proving the Crime of Sexual Abuse against Underage Child Victims in the Gorontalo City Area Mangati, Mursid; Insani, Nur; Nusa, Apriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7592

The evidentiary process is the judge's consideration in determining whether a defendant is proven to have committed a criminal act or not. One of the evidentiary processes is listening to witness statements, defendant statements and letters. The research method used in this writing is normative juridical, with descriptive research specifications. This research uses secondary data obtained through literature and described systematically. Based on the results of research in Decision Number 52/Pid.Sus/2024/PN.GTO, the evidence in the crime of child molestation in this case does not fulfill the elements of proof contained in Article 183 of the Criminal Procedure Code. Witness statements, letters in the form of Visum Et Repertum are valid evidence and have also taken into account the statement of the defendant who does not admit his actions so that the judge is confident that the defendant is not the perpetrator of a crime and the panel of judges also considers the matters that decide the case independently of demands from the Public Prosecutor who charged

Fulfillment of the Rights of Restitution for Victims of Sexual Violence Crimes in Ruling Number: 196/Pid.Sus/2023/Pn.Gtlo Sahi, Rahman; Darmawati, Darmawati; Nusa, Apriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i1.8223

Sexual violence is a crime that must be eliminated because sexual crimes can cause psychological and/or physical suffering to victims that interfere with physical health. Therefore, it is necessary to make efforts for optimal mental and social recovery for Victims of Sexual Violence in accordance with existing regulations as a form of legal protection for victims. The purpose of this study is to realize the rights of Victims of Sexual Violence. This study uses a normative legal research method. The purpose and intent of this study is to analyze how judges consider the Fulfillment of Restitution Rights for Victims of Sexual Violence in their decisions, as regulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, Government Regulation Number 43 of 2017 and Supreme Court Regulation Number 1 of 2022, by the panel of judges in the case of sexual violence Number 196/Pid.sus/2023/PN.Gtlo. Cases of sexual violence are rampant in our environment. The current Criminal Code (KUHP) only focuses on punishing the perpetrators and has not considered the best legal efforts for victims of sexual violence. This study aims to determine the implementation of restitution as the fulfillment of the rights of victims of sexual violence. This study is a normative study by looking at the implementation of restitution from the laws and regulations carried out by the Witness and Victim Protection Agency (LPSK). The results of this study indicate that the application for restitution can be submitted by the victim through LPSK along with the criminal process and even starting from the beginning of the investigation. The challenges faced by LPSK as an institution that facilitates restitution for victims of sexual violence include limited psychologists in several areas, lack of support from the community, and fulfillment of restitution rights that have not been implemented effectively. The obstacles experienced by law enforcement officers in implementing restitution for victims of sexual violence are that there has been no regulation of coercive efforts for perpetrators of sexual violence to pay restitution decided in court

Responsibilities of Local Governments in Creating a Child-Friendly City in Gorontalo City Pinoi, Ramli; Marwan, Marwan; Nusa, Apriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9351

The government, through Regional Regulation (Perda) of Gorontalo City Number 7 of 2019 concerning the Implementation of Child-Friendly Cities, has promoted the establishment of Child-Friendly Cities (KLA) in Gorontalo City. This study aims to determine the implementation of the Gorontalo City government's responsibilities in realizing child-friendly cities. And what obstacles are faced in implementing the Gorontalo City government's responsibilities in realizing child-friendly cities. Using the Normative-Empirical Legal research method (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, with the research results Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of policy. The regional government has developed a number of policies that regulate the protection, fulfillment of children's rights to education, health, and participation, as well as empowering institutions related to children such as the Children's Forum and Integrated Posyandu and Implementation of the responsibility of the Gorontalo City Regional Government in realizing a Child-Friendly City in terms of activity programs in fulfilling children's rights. The Gorontalo City Regional Government has implemented various activities aimed at fulfilling children's basic rights, such as education, health, protection, and participation

Voter Participation in the 2024 General Election in North Bolaang Mongondow Regency Posangi, Rizki; Lahaling, Hijrah; Nusa, Apriyanto
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9472

General Elections (Pemilu) are the main pillar in a democratic system, where voter participation is an important indicator of the legitimacy and success of the election. North Bolaang Mongondow Regency as one of the regions in North Sulawesi Province has its own social and geographical characteristics that influence the dynamics of voter participation. This study aims to analyze the level of community participation in the 2024 Election and identify factors that encourage and inhibit such participation. The research method used is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation studies. The results of the study show that voter participation in this area has increased compared to the previous Election, although there are still challenges such as low political literacy, limited information distribution, and the strong influence of local figures. These findings provide an important overview for election organizers and policy makers to design more effective participatory strategies in the future.

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