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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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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
Eksistensi Putusan Mahkamah Konstitusi Fatriansyah, Fatriansyah
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.v15i2.537

Abstract

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.
Pengungkapan Kejahatan Hacking Mengakses Sistem Elektronik Milik Orang Lain Di Wilayah Hukum Polres Batanghari Muslih, Muhammad; Sahabuddin, Said; Tanzil, Tanzil
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.v15i2.513

Abstract

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
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
Analisis Pertimbangan Hakim Dalam Menjatuhkan Putusan Nomor: 212/Pid.Sus/2019/Pn.Jmb Terhadap Pelaku Pencemaran Nama Baik Melalui Media Teknologi Informasi Achmad, Ruben; Supeno, Supeno; Al Nemeri, Muhammad Halik
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.v15i2.504

Abstract

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.
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.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Perusakan Kabel Bawah Laut Di Wilayah Hukum Polres Tanjung Jabung Barat Berdasarkan Uu No. 36 Tahun 1999 Tentang Telekomunikasi (Studi Kasus: Putusan Nomor 36/Pid.Sus/2023/PNKlt) Suzanalisa, Suzanalisa; Zachman, Nuraini; Justisia, Praja Pratama
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.v15i2.517

Abstract

Underwater cables refer to all types of cables laid on the surface of the seabed, undersea cables have now developed into a Sea Cable Communication System (SKKL) thatare interconnected and mutually supportive. Underwater communication cables are cables laid under the sea to connect telecommunications between countries. The disconnection of the underwater cable communication network also occurred in the waters of the Pengabuan River, West Tanjung Jabung Regency. In this case the Tanjung Jabung Barat Resort Police, which is the jurisdiction of the incident, received a report and quickly carried out the law enforcement process, especially since this incident was the first time this had happened in the jurisdiction of the West Tanjung Jabung Police. As a result of the disconnection of the underwater cable network, it causes electromagnetic disturbances in the form of blackouts or interrupted communication networks. The purpose of this study is to understand and analyze how law enforcement is against the perpetrators of the criminal act of destroying undersea cables in the jurisdiction of the West Tanjung Jabung Police based on Law no. 36 of 1999 concerning Telecommunications (Case Study: Decision Number 36 /Pid.Sus /2023 /PN KLT), to understand and analyze the factors that become obstacles, and to understand and analyze the efforts made in overcoming existing obstacles. The research method used is empirical juridical. The results showed that in this case the Captain of the Ship, TB. DABO 103 is an element that is proven to have caused the interruption of the underwater fiber optic network in the waters of the Pengabuan Estuary, due to its negligence resulting in a violation of the provisions of Article 322 Jo Article 216 paragraph (1) of the Law of the Republic of Indonesia Number 17 of 2008 concerning Shipping whichreads"The skipper who carriesout repair activities, trial sailing, loading transfer activities at the port pool, delays, and loading and unloading of dangerous goods without the approval of the Syahbandar as referred to in Article 216 paragraph (1) shall be punished with imprisonment for a maximum of 6 (six) months or a fine 100,000,000.00 (one hundred million rupiah) at the most." For his negligence, the defendant was sentenced to imprisonment for 5 (five) months, because he was proven to have violated the provisions of Article 322 Jo Article 216 paragraph (1) of the Law of the Republic of Indonesia Number 17 of 2008 concerning Shipping, namely carrying out repair activities without the approval of Syahbandar. From the results of the research carried out, the suggestions given are that it is necessary to make ongoing appeals to captains to complete navigation tools in the form of BPI Pushidrosal Maps (Indonesian Seafarers' News) and the latest Marine Maps which serve to explain the latest situations and conditions in the waters and also which can explain the existence of the position of items under the sea including undersea cables so that similar incidents do not happen again.
Era Reformasi: Implementasi Negara Hukum dan Demokrasi di Indonesia Bahari, Beno; HB, Gusliana
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.v15i2.494

Abstract

The history of the Indonesian constitution can be said to have gone through various stages of development. Each stage gives rise to a unique constitutional model. After the New Order and the 1998 events, Indonesia began a new chapter in the reform era which saw several government era changes. Each government has its own characteristics in running its government. The aim of writing this article is to understand the implementation of the rule of law and democracy in reform. This research is qualitative research that is bibliographic in nature (library research) to examine the concept of the legal state as the main object in this research. The research results show that a constitutionally based rule of law in a country has characteristics that are each adapted to the nation's philosophy and legal ideals. Therefore, in a democratic rule of law, it is the people who are considered to determine the enactment of a constitution. The embodiment of democratization in Indonesia is the existence of the concept of government decentralization since the reform era as an anti-thesis to the concept of centralization implemented by the New Order. The implication is that there is a shift in the locus of power from the center to the regions. With the spirit of decentralization, regions increasingly have broader autonomous authority.  
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

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