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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 23 Documents
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Search results for , issue "Vol 16, No 2 (2024): Desember" : 23 Documents clear
Penegakan Hukum Tindak Pidana Penjualan Kulit Harimau di Kota Sungai Penuh (Studi Kasus Laporan Polisi Nomor:LP/A/17/V/2023/SPKT. Satreskrim/Polres Kerinci/Polda Jambi) Syafitri, Nirezalia Monika; Ngeboe, Ferdricka; Sarbaini, Sarbaini
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.787

Abstract

In Sungai penuh City there was a case of buying and selling tiger skins based on police report Number : LP/A/17/V/2023/SPKT.SATRESKRIM/POLRES KERINCI/POLDA JAMBI reported on Thursday, May 4 2023 at 15.35 WIT. The perpetrator was named Y, Indonesian Citizenship, gender Male, Residence in Tanjung Pondok Tapan Village, Basa Ampek Balai Tapan District, Pesisir Selatan Regency, West Sumatra Province, occupation Trader. On Thursday, May 4 2023, at 09.00 WIT, a case of buying and selling Sumatran tiger skins occurred at the Mahkota Hotel, Pondok Tinggi, Sungai penuh City, Jambi.
Historis Alam Pemikiran Hukum Adat Merangin Dahri, Muhtar; Hariss, Abdul; Mustafa, Danil
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.709

Abstract

The existence of customary law aims to maintain harmony and balance of interests within the community, which carries a historical value passed down through generations. These values vary across regions and are rooted in a cosmic way of thinking. At the time this study was conducted, no previous research had explored the cosmic way of thinking in Merangin customary law. Using a normative-empirical research method, which combines two approaches—interviews with informants such as traditional leaders and community figures as primary data, and literature review as secondary data—the research employs a sociological and historical approach. The data is then analyzed descriptively and qualitatively. The findings reveal that the customary law of Merangin, which is alive and evolving within the Merangin community, is based on genealogical lines that have developed according to societal changes. The characteristics of Merangin customary law reflect cosmic values that are religious, magical, communal, democratic, immediate, and cash-based. This study is far from perfect due to the researchers' limitations in knowledge and sources, but it is hoped that the research will be useful for future academic study, teaching materials, and as a reference for legal practitioners in resolving disputes related to customary law conflicts in Merangin society.
Kebijakan Bebas Peredaran Uang (BPU) Dalam Mencegah Peredaran Narkotika Berdasarkan Pasal 5c Permenkumham No. 29 Tahun 2017 di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak Rahman, Juni; Abdullah, M. Zen; Fatriansyah, Fatriansyah
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.793

Abstract

Since the establishment of the Correctional Institution which was originally called a prison and State Detention Center, various regulations have been implemented regarding money control in the Correctional Institution and Detention Center. However, various efforts that have been made through the implementation of regulations and arrangements for restrictions or policies on free circulation of money in Correctional Institutions/Detention Centers are still not in accordance with the expected goals. There are still often violations that stem from the rampant circulation of cash in Correctional Institutions/Detention Centers, one of which is in the Class IIB Muara Sabak Narcotics Correctional Institution. The purpose of this study is to understand and analyze the Free Circulation of Money  policy in preventing the circulation of narcotics based on Article 5C of the Minister of Law and Human Rights Regulation No. 29 of 2017 in the Class IIB Muara Sabak Narcotics Correctional Institution.
Optimalisasi Restorative Justice Sebagai Bentuk Perlindungan Hukum Terhadap Anak Yang Berhadapan Dengan Hukum di Polda Jambi Irawan, Agus; Ternando, Albi; Kurniawan, Ridha
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.783

Abstract

Restorative Justice is expected to be one of the ways or alternatives to handle crimes or crimes that prioritize the restoration of the balance of the relationship between the perpetrator of the crime and the victim Protection for children who are facing the law is the prerogative of children. The research approach used in this study is the method This research is empirical legal research, The internal factor faced by the Jambi Police in the implementation of restorative justice for children is the lack of time given by law because of the law The invitation only gives a deadline of 30 days, the time is very short, considering that in summoning witnesses and victims it is also quite difficult because they are not necessarily present at the specified time, which hinders investigators in their examination efforts, and sub-directorate IV of the Renakta and the Vulnerable group room still lack skilled and educated investigator personnel in handling children's cases, there is only one investigator who has special expertise as a child investigator. External factors include the factor of the child who is dealing with the law of the child as the perpetrator who commits the crime in the examination still seems afraid to provide information related to the criminal act committed, the factor of the victim and the victim reporter and the complainant does not want to forgive the child who are facing the law and do not want to be resolved through restorative justice.
Ritual Adat Sebagai Instrumen Hukum Tidak Tertulis Masyarakat Jambi dalam Persfektif Filsafat Hukum Chandra, Febrian; Arqon, Mohammad; Bahri, Rizki Apriadi; Al Jamili, Muhammad Fachrul
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.699

Abstract

Traditional rituals play a significant role in the lives of indigenous communities, not only as ceremonial events but also as manifestations of unwritten legal norms embedded within these communities. From the perspective of legal philosophy, traditional rituals reflect a close connection between law, morality, and social values. This research employs a normative legal method with a philosophical approach. The findings reveal that customary law functions as an unwritten social regulatory mechanism, where adherence to collective norms is maintained through respect for ancestral traditions, nature, and social order. This article explores the philosophical meaning and social function of various traditional rituals, including efforts to preserve traditions, strengthen cultural identity, and maintain the balance between humans, society, and nature. The study also highlights examples of traditional rituals in the Jambi Province, such as Kenduri Sko and Bantai Adat, which illustrate how customary law is implemented in the daily lives of indigenous communities, while also facing the challenges of modernization. Traditional rituals are an integral part of the legal mechanisms in indigenous societies, serving not only as a means of regulating behavior but also as a medium for restoring social harmony and community spirituality.
Tinjauan Kriminologis Terhadap Tindak Pidana Penelantaran Anak Oleh Orang Tua Fitriya Wardhany, Nyimas Enny
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.788

Abstract

Children are a gift of God Almighty in which there is also a dignity and dignity possessed by adults in general, so children must also receive special protection so that they can grow and develop properly, because children are the next generation of the nation and play a role in ensuring the continued existence of a nation and state itself. This child neglect still occurs in many communities whose economy is experiencing problems or experiencing shortages. The results of this study indicate that there is still a lot of child neglect, which is caused by economic factors, parents who experience divorce, and environmental factors. The obstacles faced are difficulties in collecting evidence, parties who are difficult to call, the absence of public complaints about child neglect that occurs around them. Then preventive efforts are made and repressive efforts are also made by taking direct action.
Sanksi Hukum Adat terhadap Kejahatan Pembunuhan di Desa Rantau Limau Manis Perspektif Hukum Islam Salman, Salman; Bintang, Amar
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.718

Abstract

The aplication of customary criminal law in Rantau Limau Manis Village has been in effect since the village`s estbilishment, with its customary law based on Islamic syariah, as evidenced by the customary saying: “adat basendi syara`, syara` basendi Kitabullah.” Murder is categoryzed as a serious crime under the village`s customary law, which is reflected in the imposition on the heaviest sanctions on the perpetrator, namely the punishment of “bangun” involving the payment of a buffalo along with rice, coconuts, wgite cloth, and spices for cooking. The specipics of these materials correspond to the severity of the murder comitted. Similiarly, in Islamic criminal law, murder is also classified as a serious offense, punishable by qisas (retaliation) and diat (blood money). For intentional murder, the perpetrator faces qisas if there is no forgiveness from the victim`s family. In cases of unintentional murder and intentional murder, the perpetrator is subject to the diat penalty.
Efektivitas Penerapan Peraturan Daerah Kabupaten Tanjung Jabung Timur Nomor 5 Tahun 2020 tentang Kawasan Tanpa Asap Rokok di Pusat Kesehatan Masyarakat Simpang Pandan Kecamatan Geragai Nuraini, Nuraini; Marcellina, Annisa
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.794

Abstract

This study aims to evaluate the effectiveness of the implementation of Tanjung Jabung Timur Regency Regional Regulation Number 5 of 2020 concerning Non-Smoking Areas at the Simpang Pandan Community Health Center, Geragai District. This study uses an empirical-juridical method with a socio-legal research approach. Data were collected through interviews, documentation studies, and observations of samples selected using a purposive sampling technique. The results showed that the implementation of the Non-Smoking Area Regional Regulation at the Simpang Pandan Community Health Center had been carried out, but was not yet optimal. The effectiveness of implementing the Regional Regulation is still relatively low due to a lack of public awareness, smoking habits, lack of law enforcement, and limited resources. Supporting factors for implementing the Regional Regulation are the commitment of the leadership and staff of the health center, as well as support from the local government. To improve the effectiveness of implementing the Regional Regulation, efforts need to be made such as increasing socialization and education to the public, increasing supervision and law enforcement, and increasing the availability of supporting facilities.
Analisis Yuridis Putusan Hakim Pengadilan Negeri Lubuk Linggau Terhadap Pelaku Tindak Pidana Sumpah Palsu (Studi Putusan Nomor 464/Pid.B/2023/PN.Llg) Rizal, M Ukbah; Supeno, Supeno; Razi, Fachruddin
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.784

Abstract

Perjury can occur both in court and outside of court. With regard to oaths, in reality, even though the name of God has been included, either as a guarantor of the truth of the information given or as a person who is asked for help so that the person concerned gives the actual information, there are still people who dare to give untrue information, especially if it is done under oath. In daily reality, many investigators often receive false reports or complaints from the public regarding a criminal offense. If a person gives a statement that has previously been sworn according to the method of his religion, but it turns out to provide untrue information or false information, then the person has committed a criminal act of perjury punishable in accordance with Article 242 paragraph (1) of the Criminal Code.
Petatah Petitih sebagai Pedoman Etika dalam Hukum Adat Harmaini, Harmaini; Supeno, Supeno; Sari, Fitri Kartika; Kusaimah, Kusaimah; Antoni, Elsa
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.700

Abstract

This research examines the role of petatah petitih, or traditional proverbs, in the context of customary law from a legal philosophy perspective. Deeply embedded in Jambi Malay traditions, petatah petitih serve as moral and legal guidelines passed down through generations. Unlike formal legal systems, petatah petitih function as informal norms that regulate social behavior and resolve conflicts. This study explores how these proverbs reflect the relationship between law, morality, and social harmony within the community. As non-coercive legal principles, petatah petitih convey cultural values that promote justice, respect, and responsibility among individuals. The research also highlights the pedagogical value of petatah petitih in transmitting cultural wisdom, educating younger generations about community norms, and preserving traditional legal systems. Furthermore, the study addresses the relevance of these proverbs in modern times, especially in the face of social change, emphasizing their role in maintaining cultural identity and continuity.

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