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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 514 Documents
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PERTANGGUNGJAWABAN PIDANA DAN PERLINDUNGAN HUKUM BAGI PELAKU TINDAK PIDANA DENGAN GANGGUAN KEJIWAAN Tapowolo, Wilhelmina Maria Peni; Medan, Karolus K.; Dima, Adrianus Djara
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1591

Abstract

Crimes committed by Persons with Mental Disorders (ODGJ) are a complex phenomenon that demands special attention from the aspects of criminal law and human rights protection. When the perpetrator of a criminal act suffers from a mental disorder, criminal liability cannot be imposed in accordance with the provisions of Article 44 of the Criminal Code (KUHP). The legal protection provided to perpetrators of criminal acts with mental disorders has also not been implemented properly in accordance with the provisions of the applicable law. Based on this, the problem is formulated: (1) can a person with a mental disorder be held accountable for the act of murder committed? (2) What is the legal protection for people who commit the crime of murder who are classified as having a mental disorder? This study uses a combination of normative legal research methods and empirical legal research methods. This research was conducted in Wulanggitang District, East Flores Regency. The data is analyzed qualitatively. Based on the results of the research, the murder case carried out by FTA, a person with mental disorders (ODGJ), shows that the perpetrator cannot be criminally accounted for according to Article 44 of the Criminal Code because the mental disorder he experienced makes him unable to understand and control his actions. The subjective element of error and legal responsibility is not met, even though the objective element of causality of death has occurred. Therefore, the legal process ended with the issuance of an Investigation Termination Order (SP3). However, legal protection for ODGJ such as FTA has not been implemented properly. The perpetrator was subjected to attachment and neglect by the family, which is contrary to the provisions of the law and fundamental rights guaranteed by the 1945 Constitution and related laws.
PARTISIPASI MASYARAKAT DALAM PENYUSUNAN PERATURAN DESA Irwansyah, Novi
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1598

Abstract

This study aims to examine community participation in the preparation of Village Regulations in Tepas Village, West Sumbawa Regency. The research method uses a case study approach with data collection techniques through interviews, observations, and documentation. The results of the study indicate that community participation in the preparation of Village Regulations is still formal and less substantive, with the dominance of the village government and local elites reducing the active role of residents, especially women, youth, and the poor. The low legal literacy of the community and the weak role of the Village Consultative Body (BPD) are the main obstacles, so that village deliberations have not been carried out openly and inclusively. Therefore, it is necessary to increase community legal literacy, strengthen the role of the BPD, and empower vulnerable groups so that they can participate more actively. The village government is also expected to create a dialogic and open deliberation atmosphere so that residents' aspirations can be accommodated properly and carry out periodic monitoring to improve the participation process so that the resulting Village Regulations are more legitimate and in accordance with community needs.
TINDAK PIDANA PEMALSUAN STIKER BPOM PADA PRODUK PANGAN DILIHAT DARI PERSFEKTIF HUKUM PIDANA ADMINISTRASI Asmita, Anes Sefta
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1603

Abstract

This study aims to examine the criminal law regulations regarding the crime of forgery of Distribution Permits, namely forgery of BPOM stickers and SNI Logos and their impact on consumers by looking at the perspective of consumer protection laws regulated in administrative criminal law. Recently, a case of forgery of BPOM stickers for one of the food products, namely Minyakita, was found, which of course will have an impact on consumers and has the potential to endanger buyers of the food product if it is proven that the food product using the fake BPOM sticker is not suitable for consumption because it does not go through a proper distribution permit and laboratory tests. Criminal Law has an important role in supporting consumer protection measures in addition to consumer protection laws, and which will also be studied in more depth from the perspective of administrative criminal law. This study uses a normative juridical research method with a judicial case study approach method and uses secondary data in data collection.
ASPEK HUKUM PENGATURAN RUANG UDARA DI ATAS IBUKOTA NEGARA NUSANTARA UNTUK KEPENTINGAN PERTAHANAN DAN KEAMANAN NEGARA Novi Sujatmiko; Bambang Widarto; Agus Suprapto
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1609

Abstract

The Capital City is the center of government and serves as a representative symbol of the Indonesian nation. It is one of the vital national objects that must be protected from various potential threats, both domestic and foreign. The most immediate and potentially damaging threat is one that comes from the air, such as aircraft, helicopters, drones, and other aerial vehicles. Airspace security over the Capital City is carried out by countries by deploying national defense forces with the aim of preventing sudden attacks. In addition to defense equipment capable of repelling or stopping such threats, appropriate legal regulations are needed to accommodate the deployment of defense forces in the Capital City. This study aims to analyze the legal framework governing airspace defense over the Capital City and evaluate its adequacy in addressing modern aerial threats. The research uses a normative legal method with a statutory and conceptual approach, focusing on national laws, international aviation and defense regulations, and comparative practices from other countries. The results show that current Indonesian regulations acknowledge the importance of securing airspace over vital national objects but lack specific, integrated legal instruments for swift military response. Coordination between civil aviation and defense institutions remains unclear. Although the 1944 Chicago Convention does not regulate the airspace over presidential complexes in detail, it provides for prohibited and restricted areas under Article 9(a) for national defense. In practice, countries designate prohibited areas over state palaces and central government offices, with surrounding restricted areas to balance civil aviation and security interests.
TINDAK PIDANA KORUPSI PROYEK EMBUNG MNELALETE KECAMATAN AMANUBAN BARAT KABUPATEN TIMOR TENGAH SELATAN PROVINSI NUSA TENGGARA Oematan, Syarah Dyana; Fallo, Debi. F. Ng; Manuain, Orpa G.
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1619

Abstract

Corruption is an irresponsible act that causes harm to the nation, the state, and society. The rampant occurrence of corruption in Indonesia is caused by various factors, one of which is the gap between the laws and regulations and the practices that occur in court. This gap ultimately makes perpetrators feel relatively safe when committing acts of corruption. In the case of Jemmy Unbanunaek, there was a discrepancy between the laws and the judge’s decision, as Jemmy was not a civil servant but was charged under Article 3 of the Corruption Eradication Act (UUTPK), which applies to civil servants. This indicates that the judge did not properly consider the legal status of the perpetrator. The type of research used in this study is normative juridical legal research. Normative juridical legal research is conducted using a document study approach, which involves the analysis of documents such as literature data, statutory regulations, court decisions, legal theories, and expert opinions. The technique for collecting legal materials in this research is through literature study. The research findings indicate that: (1) The judge’s legal basis in deciding the corruption case of the Mnelalete reservoir project in South Central Timor Regency was Article 3 of the Corruption Eradication Act (UUTPK). The findings show that the judge applied Article 3 of the UUTPK to prosecute Jemmy Unbanunaek. However, this application was inappropriate because Jemmy did not meet the element of official authority required by Article 3, and he was not a civil servant. (2) The verdict rendered by the judge against Jemmy was legally flawed (error in juris) and mistaken with regard to the subject of the offense (error in persona), and it contradicted the principles of criminal liability and the principle of legality. The judge should have applied Article 2 of the UUTPK, which is more appropriate given Jemmy's status and the unlawful nature of his actions.
ANALISIS PERAN SAT RESKRIM POLRES SIDRAP DALAM OPERASI PEKAT LIPU 2024 Tahir, Muh.; Muhiddin, Nurmiati; Thamrin, Asbullah; Akbar, Syaiful; Reza, Jamil
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1624

Abstract

Sidrap Regency, as the rice barn of South Sulawesi, faces serious problems in the form of social diseases (PEKAT) such as gambling, drug abuse, and prostitution. Operation PEKAT Lipu 2024 is a strategic initiative taken by the Sidrap Police Criminal Investigation Unit to combat crime and improve public security. This study aims to: 1) To find out what functions and responsibilities are carried out by the Sidrap Police Criminal Investigation Unit in the PEKAT Lipu 2024 operation. 2) To find out the obstacles and strategies implemented by the Sidrap Police Criminal Investigation Unit in making the PEKAT Lipu operation a success. This research is empirical legal research with a case study approach. The research was located at the Sidrap Police Criminal Investigation Unit during the period August 2024 to February 2025. This qualitative data was obtained through interviews with related parties, namely the leaders and members of the Sidrap Police Criminal Investigation Unit who were actively involved in the PEKAT Lipu 2024 operation. The data obtained in this study were analyzed through content analysis and qualitative descriptive analysis. The results of the study show that: 1) The functions and responsibilities carried out by the Sidrap Police Criminal Investigation Unit in Operation PEKAT Lipu 2024 include law enforcement against criminal acts, prevention of social diseases, and increasing public awareness and participation in maintaining environmental security. 2) Obstacles faced in implementing this operation include social stigma, limited access to remote areas, and adaptation of criminals to police tactics. Strategies implemented to overcome these obstacles include increasing the number of personnel, training for members, a humanistic approach to the community, and developing a more accessible reporting system.
ANALISIS KEBIJAKAN NEGARA DALAM TATA KELOLA E-GOVERNMENT Mansawan, Isak Samuel Kijne; Saiba, Hengky
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1635

Abstract

Analyzing national policy in e-government governance is crucial given the rapid development of digital technology, which demands efficiency and transparency in government. The transformation towards e-government aims to improve public services, civic participation, and government accountability through the utilization of information technology. However, its implementation often faces challenges such as infrastructure gaps, human resource capacity, and regulatory harmonization. This journal aims to analyze national policy in e-government governance from a governmental perspective, focusing on policy effectiveness, system integration, and its impact on administrative performance. This research employs a qualitative approach through literature review and analysis of policy documents from various countries, including Indonesia, as well as interviews with relevant stakeholders. Data was collected from official government sources, international reports, and academic journals to ensure the validity of the findings. The research results indicate that the success of e-government governance largely depends on political commitment, the availability of technological infrastructure, and the training of civil servants. Countries with integrated and adaptive policies tend to achieve higher efficiency in public services compared to those that adopt a partial approach. In Indonesia, despite significant progress in government digitalization, challenges such as disparity in internet access and inter-agency coordination remain major obstacles. This journal concludes that strengthening regulations, investing in infrastructure, and improving digital literacy are strategic steps to optimize e-government governance. The recommendations provided include the formulation of an inclusive and sustainable national framework to support the digital transformation of government.
ASPEK HUKUM TELEMEDICINE DI INDONESIA Bonsapia, Max; Jumiran
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1636

Abstract

Telemedicine has emerged as an innovative solution for healthcare services in Indonesia, especially amidst technological advancements and the need for equitable access to medical care. However, its implementation presents legal challenges concerning regulation, patient data privacy, and the professional liability of medical practitioners. This journal aims to analyze the legal aspects of telemedicine in Indonesia, focusing on the existing regulatory framework, compliance with ethical standards, and legal protection for medical personnel and patients. This research employs a normative juridical approach, examining laws and regulations such as Law Number 36 of 2009 concerning Health, Ministry of Health Regulation Number 20 of 2019 concerning Telemedicine Implementation, and related personal data protection regulations. Data was collected through a literature review of primary and secondary legal sources, including journals, articles, and official documents. The findings indicate that while Indonesia has a legal foundation for telemedicine, there are still regulatory gaps, particularly regarding technical operational standards, penalties for privacy violations, and cross-regional jurisdiction. Furthermore, patient data protection is often suboptimal due to weak legal implementation and a lack of awareness among telemedicine providers. This journal concludes that strengthening regulations, harmonizing inter-regulations, and providing legal education for healthcare professionals are crucial steps to support safe and legal telemedicine in Indonesia. Recommendations include developing more detailed technical guidelines and increasing penalties to ensure legal certainty.
KONSEP PERJANJIAN PERKAWINAN DALAM PERSPEKTIF HUKUM ISLAM Pater, Rizki Anla; Akbarizan, Akbarizan; Munir, Akmal Abdul
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1642

Abstract

A marriage contract is a written agreement between prospective husband and wife that aims to regulate rights and obligations in household life, especially the management of assets. This study aims to examine the concept of a marriage contract in Islamic law in Indonesia and Malaysia, two countries with a majority Muslim population. In addition, it compares the regulation of marriage contracts in Islamic law in both countries, analyzes the practice of implementing marriage contracts in both countries, and examines the conformity between regulations and practices with the principles of Islamic law in the context of a marriage contract. This study uses a normative legal research approach that focuses on legal analysis. Here, Islamic law, and more specifically, prenuptial agreements, are the main subject of analysis. The results of this study show that Malaysia has different provisions regarding marriage contracts, Indonesia allows agreements before or during the marriage contract, while Malaysia requires ratification by the Sharia Court. Both countries recognize the importance of taklik talak and property regulations in the agreement. The Indonesian legal system offers flexibility for agreements, but its implementation faces challenges in public understanding and court inconsistencies. Malaysia's legal force is stronger because of mandatory ratification by the Sharia Court, providing higher legitimacy and guarantees.
KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA PEMILU BERDASARKAN HUKUM POSITIF INDONESIA Fakhlevi, Raja Ferza; Asnawi, Eddy; Kadaryanto, Bagio
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1663

Abstract

The Constitutional Court provides the widest possible opportunity for the entire community to make optimal use of the existence of the Constitutional Court in the constitutional system. By developing the procedural process in a better direction, which is carried out in a modern, fast, simple and cost-free manner, which is related to trial management, case time and simple procedures in submitting and examining applications. The purpose of this research is to analyze the authority of the Constitutional Court in resolving election disputes based on Indonesian positive law. The method used is normative legal research. Based on the research results, it is known that the Authority of the Constitutional Court in Resolving Election Disputes Based on Indonesian Positive Law is that the General Election Commission is one of the state institutions that is given the authority by law to form its own legal products of statutory regulations, namely in the form of General Election Commission Regulations. Seeing that its position is actually outside the hierarchy of statutory regulations, the position of the General Election Commission Regulation in the legal system in Indonesia automatically becomes very abstract because the material content contained in the General Election Commission Regulation does not fully apply to all parties and the legal force of the Commission Regulation General Elections only apply in the implementation of Regional Head Elections and General Elections so that their binding force cannot apply fully in general. The basic reasons that became the reference for why the authority for regional election disputes was finally transferred from the Supreme Court to the Constitutional Court were, firstly, seeing that the regional elections were basically included as an election regime, so that disputes over election results had to be resolved at the Constitutional Court in accordance with the 1945 Constitution. Second, this was contained in the 1945 Constitution Article 24 C paragraph 1 states that the Constitutional Court is an institution that has the authority to adjudicate at the first and last level whose decisions are final.

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