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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 323 Documents
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Tantangan dan Strategi Polri Dalam Penanggulangan Kejahatan di Masa Pademi Kajian Perspektif Politik Kriminal Wahyuningrum, Kartika Sasi; Irawan, Agus; Alendra, Alendra; Kurniawan, Ridha
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.515

Abstract

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
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 Syarifuddin, Amir; Sarbaini, Sarbaini; Delliansyah, Eflan
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.507

Abstract

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.
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.
Kontroversi Revisi Undang-Undang Minerba Terhadap Hak Asasi Manusia Masyarakat Hukum Adat Rusdiana, Shelvi; Fitri, Winda; Divia, Felysha Putri
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.454

Abstract

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. 
Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima Hariss, Abdul; Fauzia, Nur; Amanda, Gladys
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.511

Abstract

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.
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)
Penyalahgunaan Narkotika Sebagai Suatu Tindak Pidana Dalam Tinjauan Kriminilogi Di Wilayah Hukum Polres Bintan Hutagalung, Evan Ivander; Siahaan, Benny Enrico; Hakim, Aqila Fikril
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.480

Abstract

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.
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
Efektivitas Sanksi Terhadap Pengemis Di Jalan Umum Berdasarkan Pasal 504 Kitab Undang-Undang Hukum Pidana di Wilayah Hukum Kota Jambi Suzanalisa, Suzanalisa; Supeno, Supeno; Kusumo, Wartono Triyan
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.516

Abstract

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.
Sinkronisasi System Perdamaian Khusus Tindak Pidana Pencurian Kelapa Sawit di Wilayah Polsek Bahar Selatan Melalui Hukum Adat Setempat dan Hukum Positif Indonesia Nggeboe, Ferdricka; Ibrahim, Ibrahim; Putra, Yohanes Chandra
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.508

Abstract

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.

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