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Legalitas: Jurnal Hukum
Published by Universitas Batanghari Jambi
ISSN : 20850212     EISSN : 25978861     DOI : https://www.doi.org/10.33087/legalitas
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 16, No 1 (2024): Juni" : 15 Documents clear
Perlindungan Hukum Terhadap Debitor Terhadap Penarikan Objek Jaminan Yang Masih Terikat Dalam Hubungan Perlindungan Angsuran Kreditur Debitur Munsaf, Aidil; Suzanalisa, Suzanalisa; Fatriansyah, Fatriansyah
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.586

Abstract

Finance companies in providing financing credit to their consumers use a Fiduciary guarantee system. Legal protection for debtors upon withdrawal of fiduciary collateral objects following the constitutional court decision Number 2/PUU-XIX/2021 has been regulated in a preventive and repressive manner. Preventively, legal protection for debtors upon withdrawal of fiduciary collateral objects has been regulated in the provisions of the Fiduciary Guarantee Law which was then confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012. Apart from that, preventive protection is also emphasized in the Constitutional Court Decision Number 2/PUU-XIX/2021 in conjunction with the Constitutional Court Decision 18/PUU-XVII/2019. If the debtor objects to having his vehicle taken, the leasing party or debt collector may not take the vehicle by force. This vehicle may be taken if there has been a court decision with permanent legal force. What the public needs to know is that the way to enforce unlawful acts committed by consumers who are in arrears on motor vehicle loans is by applying for execution in court, not by being taken by force. as for how to deal with Finance business actors and Debt Collectors who carry out their work.
Sanksi Adat Terhadap Pelaku Tindak Pidana Perzinaan di Desa Tangkit Kecamatan Sungai Gelam Kabupaten Muaro Jambi Hidayat, Iman; Idrah, M. Chairul
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.591

Abstract

This research discusses customary sanctions against perpetrators of criminal acts of adultery in Tangkit Village, Sungai Gelam District, Muaro Jambi Regency. The formulation of the problem of this research is how the existence of customary sanctions in the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency, what are the obstacles faced in resolving the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency and what efforts are made to overcome the obstacles to the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency. To analyse these problems, the approach used in research on customary sanctions against perpetrators of adultery in Tangkit Village, Sungai Gelam District, Muaro Jambi Regency as one of the sources of law is empirical, namely an approach to the problem studied by looking at the provisions contained in the applicable laws and regulations and then whether the regulations are applied properly or not in the implementation of law enforcement. To examine the three existing problems, the theory of criminal sanctions is used. The results of this study indicate that the form of settlement of adultery cases in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency is carried out in a way, namely: expulsion from the village / village but previously a village wash was held first, namely giving one buffalo, 100 bushels of rice, 50 coconuts and selemak semanis. Then the perpetrator apologised for his actions and signed the peace agreement on a stamp duty of RP. 6,000.00 (Surat Setih) in 8 (eight) copies to be forwarded to the Regent, local police, sub-district head, village head, customary chief, relatives and the person concerned. The customary decision must be implemented by the perpetrator with a maximum grace period of 3 months to implement it. When the sanctions have been imposed by the customary institution for adultery, but the perpetrator is unable to fulfil them, the customary institution obliges the extended family of each party to participate in the customary settlement. Problems encountered in the settlement of adultery cases in Tangkit Village, Sungai Gelam Sub-District, Muaro Jambi Regency, namely: There is a difference of opinion between the enforcement of customary punishment between the youth and the tengganai elders and adultery cases that are resolved by national criminal law, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrator. Efforts to overcome the problems that occurred included a personal approach from the youth and tengganai elders to continue to apply customary criminal law as the original law of the Indonesian people, by means of all parties deliberating in a traditional meeting to weigh the advantages and disadvantages of national criminal law and customary criminal law and finally in a traditional meeting decided to use customary criminal law in resolving this adultery case because the legal process was not long and the costs were also affordable and the approach of the customary institution of Tangkit Village, Sungai Gelam District, Muaro Jambi Regency. to the community to provide socialisation and education on the basis of Jambi Customary Law, namely Induk Undan Nan Lima, Pucuk undang nan eight and Anak undang nan twelve so that people know that customary criminal law still exists, applies, and has permanent legal force. The suggestion is that the Muaro Jambi Regency Government should provide and require every community to attend religious activities such as recitation and regular lectures so that the piety and faith of the community is strengthened rather than lust alone in order to avoid deviant behaviour and the customary institutions of Muaro Jambi Regency should be able to provide socialisation and counseling on the basis of Jambi Customary Law, namely Induk Undang Nan Lima, Pucuk undang nan eight and Anak undang nan twelve that customary criminal law can resolve adultery cases quickly, the legal process is not long, and the costs are affordable.
Diskursus Pembatasan Kekuasaan di Indonesia Dalam Perspektif Konstitusi dan Konstitusionalisme Erham, Erham; Ma’arij, Aman; Gufran, Gufran
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.595

Abstract

The purpose of this research is to describe the constitution as the most important legal document. The constitution is a very important rule for every nation and state, both those that have been independent for a long time and those that have just gained their independence. Because the state is an organization of power that includes a very large number of people, it is necessary to have a system of control (an effective system of restrictions). This is done through law (both written and unwritten, namely the constitution or basic laws). This research method is legal research. This article is the result of research on the issue of limiting the power of state government in terms of the constitution and the underlying constitutionalism. The discourse regarding limiting power is an integral part in countries that base themselves on constitutional democracy, such as the Republic of Indonesia, where the constitution actually acts as an instrument or means for regulating and controlling power.The idea that government power needs to be limited because the State is run by humans and that humans are without exception inherent in many weaknesses. His proposition which later became famous reads as follows: "humans who have power tend to abuse that power, but humans who have unlimited power will certainly abuse it in an unlimited way (power tends to corrupt, but absolute power corrupts absolutely)
Pertanggungjawaban Pidana Tenaga Medis Yang Melakukan Pengguguran Kandungan Alfaresi, Muhammad Bima; Abdullah, Muhmmad Zen; Sarbaini, Sarbaini
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.587

Abstract

Medical personnel have a code of ethics in carrying out their duties in providing health services to patients. However, it is found that medical personnel perform abortion, then this fulfils the elements of a criminal offence and is accountable as stipulated in the Criminal Code (KUHP) prohibiting abortion without exception, then the Law of the Republic of Indonesia Number 36 Year 2009. Therefore, this article aims to analyse the Criminal Liability of Medical Personnel Who Perform Obstetric Miscarriages
Analisis Yuridis Terhadap Putusan Pengadilan Negeri Jambi Nomor: 276/Pid.Sus/2023/PN.Jmb Dalam Perkara Tindak Pidana Pencabulan Terhadap Anak Febriani Sari, Indah Rizeki; Sahabuddin, S; Gani, Ruslan Abdul
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.592

Abstract

Children are a gift given by God Almighty, whether a man or a woman. Children are the future successors of the nation who will be the country's main asset to achieve prosperity in the future. Therefore, it is appropriate for children to receive good treatment by being cared for, educated, looked after and protected by the state. However, currently there is still a lot of violence against children, especially in the form of sexual violence. The objectives of the research are 1.) To find out and analyze how the judge considered in deciding case Number 276/Pid.Sus/2023/PN Jmb., 2.) To find out and analyze the judge's decision in case Number 276/Pid.Sus/2023/PN Jmb. has fulfilled the sense of justice or not
Perencanaan dan Penggunaan Alokasi Dana Desa (Studi Kasus Desa Sungai Bertam, Kecamatan Jambi Luar Kota, Kabupaten Muaro Jambi) Nazifah, Nazifah; Sari, Nadia Indah
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.576

Abstract

Penelitian ini bertujuan untuk mengetahui perencanaan dan penggunaan alokasi dana desa, kendala dan Upaya mengatasi kendala dalam perencanaan dan penggunaan alokasi dana desa ,Studi Kasus Desa Sungai Bertam Kecamatan Jambi Luar Kota, Kabupaten Muaro Jambi. Tipe penelitian yang digunakan adalah yuridis normatif dengan pendekatan socio legal research, tekning pengumpulan data dengan cara wawancara menggunakan metode purposive sampling dengan informan yaitu kepala desa tahun 2023 Metode analisis data menggunakan Teknik deskriptif analytic. Hasil penelitian menunjukkan bahwa Proses pengelolaan alokasi dana desa sudah melalui tahap perencanaan yang melibatkan partisipasi Masyarakat dengan prioritas Pembangunan fisik berupa jalan rabat beton dan sumur bor hanya saja dalam pelaksanaannya terdapat beberapa kendala cuaca dan kerusakan alat sumur bor yang tidak di prediksi dalam proses perencanaan sehingga dapat menghambat Pembangunan
Pemidanaan Terhadap Pelaku Tindak Pidana Kekerasan Dalam Rumah Tangga Oleh Suami Terhadap Istri Fitriya Wardhany, Nyimas Enny
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.588

Abstract

Domestic violence, especially that committed by husbands against their wives, is actually not a new thing. However, so far it has always been kept secret or covered up by the family, as well as by the victim himself or the family. Violence that occurs in the household contains something specific or special. The impact of violence experienced by wives can have psychological consequences such as anxiety, moodiness, depression, insecurity, loss of trust in their husbands, self-blame and so on. Physical consequences such as bruises, broken bones, physical disabilities, menstrual disorders, uterine damage, miscarriages, infectious diseases, psychomatic diseases and even death. Therefore, this article aims to analyse the punishment of perpetrators of domestic violence by husbands against wives.
Implementasi Pelaksanaan Pasal 3 dan Pasal 8 Peraturan Pemerintah Nomor 10 Tahun 1983 Jo Peraturan Pemerintah Nomor 45 Tahun 1990 Bagi PNS yang Bercerai di Kabupaten Tebo Sari, Indah; Suzanalisa, Suzanalisa; Zachman, Nuraini
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.593

Abstract

The solution to major problems between husband and wife in disharmonious households is to divorce, including the household of a Civil Servant. This also happens in the Tebo Regency Civil Servant environment. The implementation of Civil Servant Percerana in Tebo Regency refers to Government Regulation Number 10 of 1983 in conjunction with Government Regulation Number 45 of 1990, so this paper aims to conduct a study of the Implementation of Article 3 and Article 8 of Government Regulation Number 10 of 1983 in conjunction with Government Regulation Number 45 1990 for civil servants who divorced in Tebo Regency.
Urgensi Penyatuan Lembaga Penegak Hukum di Laut Indonesia Ridha, Andi Muhammad; Heri, Mohammad; Setiaji, Bayu Tri
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.556

Abstract

In its efforts to enforce law at sea, Indonesia has 13 law enforcement agencies at sea. Six of these institutions have maritime patrol task forces. The number of law enforcement agencies in Indonesian seas is considered negative by several parties because of the potential for the authority of each agency to overlap. This research aims to find out what the condition of maritime law enforcement agencies in Indonesia is and what are the considerations for unifying maritime law enforcement agencies in Indonesia. This research is normative research related to maritime law enforcement agencies in Indonesia. There are at least 13 law enforcement agencies in Indonesian seas. The unification of maritime law enforcement agencies in Indonesia is necessary because unclear roles and authority, as well as a lack of coordination between agencies, have resulted in ineffectiveness in law enforcement and maritime security management. Indonesia needs unification of authority to strengthen all security, safety and maritime law enforcement functions in Indonesia
Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak Rizki, Rizki; Sembiring, Aldho Epranta; Jerry, Joyceline; Jerry, Enrico Houston
Legalitas: Jurnal Hukum Vol 16, No 1 (2024): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i1.596

Abstract

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.

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