Legalitas: Jurnal Hukum
Legalitas: Jurnal Hukum is a peer-reviewed open access journal that aims to share and discuss current issues and research results. This journal is published by Center for Law Research and Development, Master of Law Program, Batanghari University, Legalitas: Jurnal Hukum contains research results, review articles, scientific studies from legal practitioners academics covering various fields of legal science, criminal law, civil law, administrative law, constitutional law, law Islamic business and law and other fields of study relating to law in the broadest sense. This journal is published twice a year, in June and December.
Articles
21 Documents
Search results for
, issue
"Vol 15, No 2 (2023): Desember"
:
21 Documents
clear
<![CDATA[Tantangan dan Strategi Polri Dalam Penanggulangan Kejahatan di Masa Pademi Kajian Perspektif Politik Kriminal ]]>
<![CDATA[Wahyuningrum, Kartika Sasi]]>;
<![CDATA[Irawan, Agus]]>;
<![CDATA[Alendra, Alendra]]>;
<![CDATA[Kurniawan, Ridha]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.515
<![CDATA[The police are said to be the front guard which has one of the duties and authorities, namely to protect the public in all situations and conditions, especially during the Covid-19 pandemic. The increase in crime rates during the pandemic and PSBB was due to the increasingly weakening economic situation. So the National Police, which has the duty and authority to safeguard society, must provide safe conditions in the current pandemic situation. To achieve this safe condition, the National Police found new challenges and strategies in dealing with crime during the pandemic. The research approach used in this research is the juridical-empirical method, which is a type of legal research that analyzes and examines the operation of law in society. The type of legal research used is descriptive, namely research that aims to describe something in an area at a certain time. This research shows that the challenges faced by the National Police in the pre-pandemic era were classic challenges so that the strategies used were also classic. This is different from the challenges and strategies used during the pandemic which prioritized Polri's humanism and the use of technology in investigations and inquiries]]>
<![CDATA[Peran Propam Dalam Menangani Oknum Anggota Polri Yang Terlibat Tindak Pidana Peyalahgunaan Narkotika dan Penerapan Peraturan Pemerintah Nomor 03 Tahun 2003 Tentang Pelaksanaan Institusional Teknis Peradilan Umum Bagi Anggota Polri di Wilayah Hukum Polres Batanghari ]]>
<![CDATA[Syarifuddin, Amir]]>;
<![CDATA[Sarbaini, Sarbaini]]>;
<![CDATA[Delliansyah, Eflan]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.507
<![CDATA[The abuse and circulation of Narcotics has now penetrated to the point where all groups become victims. Not only ordinary people or teenagers who have become victims of narcotics abuse, even police officers who incidentally are law enforcers who are supposed to eradicate the illicit traffic of narcotics are actually involved in narcotics abuse. the existence/or role of Propam POLRI is very much needed in carrying out various legal actions against individual members of the Police who are involved in Narcotics abuse. The issues discussed in this thesis are: The Role of Propam in Managing Police Members involved in Narcotics Abuse in the Legal Area of the Batang Hari Police , Application of Government Regulation Number 03 of 2003 Concerning General Court Technical Implementation for Individual Police Members involved in Narcotics Abuse in the Legal Area of the Batang Hari Police, and Obstacles to efforts made in overcoming the obstacles encountered. Research Methodology yuridis empiris, Approach Used Law Approach, Conceptual Approach and Case Approach, research findings: 1. Role of Propam in managing Individual Police Members those involved in Narcotics Abuse in the Legal Area of the Batang Hari Police, this has been implemented. This can be seen from cases of narcotics use involving unscrupulous members of the National Police for the last 3 (three) years, namely from 2020 to 2022 as many as 9 (nine) cases were successfully resolved, 2 The application of Government Regulation Number 03 of 2003 concerning the Technical Implementation of General Courts for Police Members involved in Narcotics Abuse in the Legal Area of the Batang Hari Police has been implemented, this can be seen from the 9 (nine) members of the Batang Hari Police who have been involved in the use of narcotics for three the last year, namely from 2020 to 2022, the provisions of Government Regulation Number 03 of 2003.]]>
<![CDATA[Kontroversi Revisi Undang-Undang Minerba Terhadap Hak Asasi Manusia Masyarakat Hukum Adat ]]>
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Divia, Felysha Putri]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.454
<![CDATA[Law no. 3 of 2020 is predicted to be able to improve mineral and coal mining by integrating the concept of real participation in the community. In fact, the Minerba Law has sparked polemics on human rights issues. This research aims to find out what are the controversial regulations on the Human Rights of Indigenous Peoples contained in the Minerba Law and the community's efforts to fight for human rights contained in the Minerba Law. This research uses normative juridical methods, namely research starting from statutory regulations, books, scientific journals and websites. The results of the research are that there are several articles that have multiple interpretations regarding the rights of customary law communities which are detrimental to the community. This controversy has certainly drawn a response from the public whose efforts are to carry out a judicial review at the Constitutional Court. Constitutional Court Decision Number 37/PUU-XIX/2022 Revision of Law Number 4 of 2009 concerning Mineral and Coal Mining as partly amended by Law Number 11 of 2020 concerning Job Creation to the Constitution of the Republic of Indonesia seems to provide a wide path to oligarchic profit-seekers rather than paying attention to the welfare of the Indonesian people. Looking at the problems above, the role of regional government is a solution in making regional legal product policies that can provide solutions for empowering, fostering respect and protection of MHA as a subject of development. ]]>
<![CDATA[Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima ]]>
<![CDATA[Hariss, Abdul]]>;
<![CDATA[Fauzia, Nur]]>;
<![CDATA[Amanda, Gladys]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.511
<![CDATA[In order to improve the economy, someone sometimes needs sufficient capital to start a business, so a credit loan is needed to be able to start it. In implementing the credit agreement, creditors often also want collateral to provide security and a sense of trust. One of the credit guarantees commonly used by the public is fiduciary guarantees. The Fiduciary Guarantee has legal procedures or procedures that must be complied with so that it has binding force and can provide legal protection for the parties. The problems in this research are 1) Legal Protection for Creditors to prevent the transfer of Fiduciary objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 2) Transfer of Fiduciary Guarantee Objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 3) Registration of fiduciary collateral objects to avoid transfer of fiduciary collateral objects. The purpose of this research is to find out how legal protection, transfer of objects and registration of fiduciary guarantees are according to Law Number 42 of 1999 concerning Fiduciary Guarantees. This research method is normative juridical research with descriptive research characteristics, using secondary data collected through literature study. Based on the results of this research, it can be concluded that the transfer of fiduciary collateral objects that have not been registered without the creditor's consent is an action that is not justified by law (invalid). Legal protection for creditors in the event that a debtor transfers a Fiduciary Security object that has not been registered without the creditor's consent may subject the debtor to civil and criminal liability.]]>
<![CDATA[Penyalahgunaan Narkotika Sebagai Suatu Tindak Pidana Dalam Tinjauan Kriminilogi Di Wilayah Hukum Polres Bintan ]]>
<![CDATA[Hutagalung, Evan Ivander]]>;
<![CDATA[Siahaan, Benny Enrico]]>;
<![CDATA[Hakim, Aqila Fikril]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.480
<![CDATA[Narcotics is like a double-edged knife which can be interpreted that the use of narcotics is good in the field of medicine but wrong when used illegally, causing criminal acts. This research examines the abuse of narcotics in the jurisdiction of Bintan Police based on criminological reviews. This research uses empirical research methods or field research with a descriptive qualitative approach. There are 2 problem formulations in this study, namely: What are the factors that cause narcotics abuse in the jurisdiction of Bintan Police Station? and How are efforts to overcome narcotics abuse in the jurisdiction of Bintan Police Station? The conclusion in this research is that weak self-control, low education, work environment and economic problems are the main factors causing narcotics abuse in the jurisdiction of Bintan Police Station. The countermeasures taken by Bintan Police are repressive efforts or prosecution efforts after the occurrence of criminal acts and preventive efforts, namely by conducting socialization, counseling, and establishing cooperation with community leaders, non-governmental organizations, and BNNK.]]>
<![CDATA[Efektivitas Sanksi Terhadap Pengemis Di Jalan Umum Berdasarkan Pasal 504 Kitab Undang-Undang Hukum Pidana di Wilayah Hukum Kota Jambi ]]>
<![CDATA[Suzanalisa, Suzanalisa]]>;
<![CDATA[Supeno, Supeno]]>;
<![CDATA[Kusumo, Wartono Triyan]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.516
<![CDATA[The Jambi City Government has regulated the handling of beggars on public roads in Article 504 of the Criminal Code. Of the many beggars in Jambi City, not all of them have been rehabilitated through the Jambi City Social Service and not a single beggar has been sanctioned on Jambi City's public roads. The aim of this research is to understand and analyze the factors that cause the number of beggars on public roads to increase in Jambi City, the effectiveness of sanctions against beggars on public roads based on Article 504 of the Criminal Code in the jurisdiction of Jambi City and the obstacles and efforts in Minimize begging on public roads in the jurisdiction of Jambi City. The theories used in this writing are effectiveness theory, criminology theory and effort theory. This type of research is empirical legal research. The discussion explains that the factors causing the increase in the number of beggars on public roads in Jambi City are physical condition and age, family economic conditions, employment opportunities, perception of begging, high income, begging is an easy job, strategic location and capital. The effectiveness of sanctions against beggars on public roads based on Article 504 of the Criminal Code in the jurisdiction of Jambi City has not been effective either by the city of Jambi, in this case the Jambi City Social Service, the Jambi City Civil Service Police Unit and the police due to misunderstandings related to the content. Article 504 of the Criminal Code. The obstacles and efforts in minimizing begging on public roads in the Jambi City jurisdiction are the lack of infrastructure and lack of legal understanding among the people of Jambi City. The efforts made are that the Jambi City Social Service formed a team to arrest beggars in Jambi City, carry out raids and train- training carried out by the Jambi City Social Service and the private sector.]]>
<![CDATA[Sinkronisasi System Perdamaian Khusus Tindak Pidana Pencurian Kelapa Sawit di Wilayah Polsek Bahar Selatan Melalui Hukum Adat Setempat dan Hukum Positif Indonesia ]]>
<![CDATA[Nggeboe, Ferdricka]]>;
<![CDATA[Ibrahim, Ibrahim]]>;
<![CDATA[Putra, Yohanes Chandra]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.508
<![CDATA[Palm oil theft was resolved in a customary manner by the people of Bahar Selatan Muara Jambi rather than through the criminal justice system starting from the Bahar Selatan Police so they were interested in doing research. The aim of the research is to understand and analyze the Settlement of Criminal Cases according to Selata customary law, to examine the actions and efforts in the jurisdiction of the Bahar Police, the research method uses empirical juridical. Completion of Criminal Cases Based on Customary Law in the Legal Area of the South Bahar Police with customary institutions at the sub-district level of South Bahar on the basis of considerations of theft caused by the difficulty of finding work, due to the number of residents who do not match employment opportunities, the large number of people who drop out of school, because of school graduation certificates is a formal requirement for finding a job. Therefore people use shortcuts, namely working a little and making a lot of money. even if you commit an unlawful crime of theft. The Attitudes and Actions of the Police of the Bahar Selatan Police on the Report on Completion of Criminal Theft according to Customary Law while continuing to carry out the minutes through the restorative justice process and the results of peace through adat as a witness to the tuo tengganai traditional institutions of the South Bahar Sub-District The efforts of the South Bahar Police in Providing an Understanding of the Synchronization of Local Customary Law and Indonesian Positive Law in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area through outreach through socialization by providing an understanding of procedures Guidelines for the mechanism for implementing restorative justice in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area the suggestion put forward is that involvement is needed the community, traditional institutions and stakeholders of Bahar Selatan in carrying out the settlement of criminal cases of theft, bearing in mind that the community (environment) is an object that is directly affected by a crime, and also that the community can participate in the settlement process from start to finish, such as: restoration of rights victims and vindication of perpetrators. Simultaneous increase in police officers carrying out socialization in the midst of society the importance of restorative justice in the context of synchronizing peace with traditional institutions.]]>
<![CDATA[Eksistensi Putusan Mahkamah Konstitusi ]]>
<![CDATA[Fatriansyah, Fatriansyah]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.537
<![CDATA[The Constitution has stipulated that the Indonesian state is a state of law, the implementation of which is carried out by the government in accordance with the mandate in the 4th paragraph of the preamble to the 1945 Constitution of the Republic of Indonesia that its duty is to protect the entire Indonesian nation and all of Indonesia's blood as an embodiment of the 5th principle "Social Justice for All the People Indonesia". It regulates the Constitutional Court as the guardian of the constitution, as well as the executor of judicial power. If there is a law whose content is contrary to the constitution (unconstitutional), then the Court can cancel the existence of the law, either in its entirety or in parts of the law, by stating that it does not have binding legal force. The nature of the Constitutional Court's decision is final and binding. In this study the author focuses more on the nature of the Constitutional Court's decisions which are different from other decisions. This research aims to find ways so that the Constitutional Court's decisions can be reviewed like other decisions. This research aims to find ways so that the Constitutional Court's decisions can be reviewed like other decisions. By using a normative juridical approach and literature review.]]>
<![CDATA[Pengungkapan Kejahatan Hacking Mengakses Sistem Elektronik Milik Orang Lain Di Wilayah Hukum Polres Batanghari ]]>
<![CDATA[Muslih, Muhammad]]>;
<![CDATA[Sahabuddin, Said]]>;
<![CDATA[Tanzil, Tanzil]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.513
<![CDATA[Cybercrime is a whole form of crime directed against computers, computer networks and their users, and conventional forms of crime using or with the help of computer equipment. The purposes of this study are To understand and analyze the disclosure of hacking crimes by accessing other people's electronic systems in the Batanghari Police area. To understand and analyze the obstacles in disclosing the crime of hacking accessing electronic systems belonging to other people in the Batanghari Police Legal area. To understand and analyze efforts to overcome obstacles in disclosing hacking crimes by accessing other people's electronic systems in the Legal area of the Batanghari Police. The specification of this research is descriptive analytical research. In writing this thesis, the writer used a Juridical Empirical research type, while the approach used was Socio-Legal Research. The sampling technique was carried out by purposive sampling. It was revealed that the suspect sent a message to AI to instruct him to send money by transfer and then the AI replied that the money had been transferred. Then it can be concluded that the suspect has been charged with Article 30 paragraph (1) in conjunction with Article 46 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 which carries a maximum prison sentence of 6 years and/or a maximum fine of Rp. 600,000. 000.00.-. The obstacles faced include the case file was returned by the prosecutor, the perpetrator was not cooperative during the examination, expert witnesses were present. Regarding the efforts made to overcome obstacles, including Batanghari Resort Police Criminal Investigators have complied with the Attorney's request by including elements of Article 46 paragraph 1 of the Law of the Republic of Indonesia Number 19 of 2016, Investigators are trying to ensure that if the perpetrator is honest in giving information and willing to cooperate, the perpetrators will get relief in terms of criminal penalties, The Satreskrim of the Batanghari Police have made efforts in the form of providing suggestions in terms of assisting the investigation process, the Batanghari Police have prepared at least 1 person who can be appointed as an expert in 1 district Batanghari. Suggestions put forward that apart from investigators at the Polda level, investigators at the Polres level must also be obliged to take part in training (Dikjur) Criminal Information and Electronic Transactions in order to be able to master, understand and have special expertise or skills in the field of information and electronic transactions, then so that the investigative members no longer need a long time for the investigation process]]>
<![CDATA[Analisis Pertimbangan Hakim Dalam Menjatuhkan Putusan Nomor: 212/Pid.Sus/2019/Pn.Jmb Terhadap Pelaku Pencemaran Nama Baik Melalui Media Teknologi Informasi ]]>
<![CDATA[Achmad, Ruben]]>;
<![CDATA[Supeno, Supeno]]>;
<![CDATA[Al Nemeri, Muhammad Halik]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/legalitas.v15i2.504
<![CDATA[Defamation (Defamation) is a criminal act of insult (Beleediging) formed by the legislators, both general and specific in nature and is intended to provide protection for legal interests regarding this kind of feeling. The purpose of this study is to understand and analyze the legal considerations of judges in passing decisions on perpetrators of defamation through the media of information technology (Decision Study Number: 212/Pid. Sus/2019/PN.Jmb). To understand and analyze the verdict handed down against the perpetrators of defamation through information technology media (Decision Study Number: 212/Pid. Sus/2019/PN.Jmb) has it reflected justice. The specification of this research is descriptive analytical research. In writing this thesis the author uses the Normative Juridical approach. The legal material in this thesis research was obtained through library research. Based on this consideration it has been proven legally and convincingly that the defendant has committed a crime, then the defendant must be declared guilty and the defendant must be sentenced to a sentence commensurate with his actions which the threat is according to Article 45 paragraph (3) in conjunction with Article 27 paragraph (3) of the Law Republic of Indonesia Number 19 of 2016 concerning Electronic Information and Transactions, the perpetrator is threatened with imprisonment for a maximum of 4 (four) years. However, in this case the defendant was sentenced to 8 (eight) months in prison based on decision Number: 212/Pid.Sus/2019/ PN.Jmb dated 9 May 2019. From a sociological perspective, the sentence of the defendant for 8 months is in accordance with the legal actions carried out by the defendant, although from the point of view of the victim it does not guarantee a sense of justice, it is also less preventive for potential perpetrators of other criminal acts of defamation. Because the sentencing felt so light that the value of the usefulness of the decision was felt to be less acceptable. From a philosophical aspect, to guarantee recognition and respect for the rights and freedoms of others and to fulfill just demands in accordance with security and public order considerations in a democratic society, for the realization of quality, integrity and noble human beings. Suggestions put forward that a judge should have a fair decision in his verdict so that the principle of an independent and impartial judiciary that guarantees the equality of every citizen in law runs well.]]>
