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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 315 Documents
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Pelaksanaan Pembinaan Terhadap Narapidana Resiko Tinggi (Percobaan Bunuh Diri) di Lembaga Pemasyarakatan Perempuan Klas IIB Jambi Gani, Ruslan Abdul; Ibrahim, Ibrahim; Safitri, Wulan Sari
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.v15i2.512

Abstract

Jambi Class IIB Women's Penitentiary, which is a special prison for women, during training, one prisoner was found to have attempted suicide, this is a high risk prisoner. The aim of this research is to understand and analyze the implementation of coaching, obstacles and efforts towards high risk convicts (attempting suicide) at the Class IIB Women's Penitentiary in Jambi. The research method uses sociological juridical. Implementation of Guidance for High Risk Prisoners (Suicide Attempts) at the Class IIB Jambi Women's Penitentiary undergoes the same coaching program as other inmates, but the coaching is carried out with extra monitoring, especially on the use of tools so that they are prohibited from taking part in gardening activities and are further directed towards dancing activities. , singing, vocal processing which leads to healing and mental development of the prisoner. Obstacles encountered in the Implementation of Guidance for High Risk Prisoners (Suicide Attempts) at the Class IIB Jambi Women's Penitentiary, namely the legal factor itself (changes in correctional law thereby changing policies in the guidance of prisoners), law enforcement factors (the absence of psychologists and the absence of specifically for mental training coaches), infrastructure factors (the absence of special infrastructure for these prisoners), community factors (the family's indifference in healing the mental health of these prisoners) and cultural factors (society's stigma towards former prisoners in society. Efforts made in Overcoming obstacles in the Implementation of Guidance for High Risk Prisoners (Suicide Attempts) at the Jambi Class IIB Women's Penitentiary, namely making policy adjustments, socializing the existence of correctional institutions to prisoners, collaborating with the community, prisoners' families in healing the mental health of these high risk prisoners. Suggestions put forward are the need for the existence of a trainer with psychologist education at the Class IIB Jambi Women's Correctional Institution, increasing the socialization of the existence of the correctional institution in providing guidance for prisoners to form independence, personality and skills to return to society and collaboration with mental hospitals in developing prisoners' mental health.
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.
Efektivitas 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 Azed, Abdul Bari; Abdullah, Muhammad Zen; Rahman, Juni
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.v15i2.505

Abstract

Since the establishment of Correctional Institutions (Lapas), which were originally called prisons and State Detention Centers, various regulations regarding money control in prisons and detention centers have been enforced. However, various efforts that have been made through the application of regulations and restrictions as well as policies on free circulation of money in prisons/detention centers are still not in accordance with the expected objectives. The purpose of this study is to understand and analyze the effectiveness of the Free Money Circulation policy in preventing the circulation of narcotics based on Article 5C of Permenkumham No. 29 of 2017 at the Muara Sabak Class IIB Narcotics Penitentiary, to analyze the inhibiting factors, as well as efforts to overcome them. The method used in this research is empirical juridical which uses primary data. The results of the research show that the policy of free circulation of money based on Article 5C of Permenkumham No. 29 of 2017 is less effective in preventing the circulation of narcotics at Class IIB Narcotics Prison Muara Sabak. This is proven based on facts supported by data obtained in research, that from 2020 to 2022 the number of violations committed by WBP Class IIB Narcotics Prison Muara Sabak is still quite high. Factors inhibiting the effectiveness of the free circulation of money policy at the Muara Sabak Class IIB Narcotics Penitentiary consist of the difficulties experienced by the WBP and the WBP's family to adapt to the use of technology, limited supporting infrastructure that hinder the implementation of the free circulation of money policy at the Muara Sabak Class IIB Narcotics Penitentiary, and there are still gaps related to the entry of cash into prisons, namely related to the accuracy and integrity of officers related to searches of people and goods. Efforts to overcome these obstacles, among others, officers should be more active socialization related to the implementation of the policy of free circulation of money at Class IIB Narcotics Lapas Muara Sabak to WBP and their families which is carried out on an ongoing basis, seeking to prepare supporting facilities/infrastructure either through budget allocations for prisons or through collaboration with other parties. external, and Instilling the values of integrity and professionalism by leaders both at the administrator level and at the supervisory level to all officers.
HAM Beragama dalam perspektif Filsafat Ilmu Hukum Fatriansyah, Fatriansyah; Alamsyah, Bunyamin
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.v16i1.589

Abstract

Religious human rights have a very important position. Religious Human Rights are autonomous as a consequence of God-given nature for human glory. In modern thought, these natural rights can be formulated humanistically through rational reasoning without having to relate to the existence of God. Therefore, human rights must be fully given the same freedom and opportunity.
Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak (Studi Kasus Putusan Nomor : 2/Pid.Sus-Anak/2022/PN.Brb) Abdullah, Muhammad Zen; Alamsyah, Bunyamin; Alifia, Dhania
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.v15i2.518

Abstract

Various criminal acts that occur in people's lives, one of which is the crime of theft which has recently been widespread and has increased in the mass media reports and electronic media. The crime of theft is really very disturbing security, order, welfare and greatly causes material and immaterial losses to the community. Therefore, it is necessary to immediately anticipate and deal with it by responding quickly and appropriately to its resolution through the applicable legal mechanism, by punishing the perpetrator/suspect with a sufficiently aggravated criminal threat, so that the crime of theft in question can be suppressed and minimized. In the court examination process in the application of criminal sanctions against the crime of theft in a burdensome situation by a child based on case Number 2/Pid.Sus-Anak/2022/PN. Brb, the problems were; a. What is the basis for the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child and b. How is the content/order of the judge's decision against the crime of theft in a burdensome situation by a child. To answer the problem formulation listed above, the theory of sentencing, the theory of judges' legal considerations and the theory of law enforcement are used. This research is normative juridical and empirical juridical research. The type of data included primary and secondary law materials. Technique of collecting legal sources used was library study/document study on literature, legislation, and document, and also interview. From the results of the study, reflected in the basis of the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child firearms against the defendant, with the decision to sentence the defendant to 4 (four) months, based on the decision of the case Number 2/Pid.Sus-Anak/2022/ PN.Brb. Whereas in Article 363 paragraph (2) of the Criminal Code which is violated the maximum penalty is 9 (nine) years. So it is felt that the application of the criminal decision is still very light and not optimal. The suggestion put forward is that the maximum sanctions should be given specifically to children who have repeatedly committed similar crimes as long as they are in accordance with the applicable legal provisions.
Proses Pembuktian dan Penggunaan Alat-Alat Bukti Pada Tindak Pidana Pertambangan Tanpa Izin Pada Perusahaan Islah, Islah; Magdalena, Ely
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.v15i2.509

Abstract

Investigation was an important part the phase criminal justice to decide crimes in the field of mining minerals and coal, As through investigation , investigators can do serangkaiam the act of to gather evidence can make light of an event criminalwho has been happened so that through evidence collected in carefully and thoroughly can be found suspects crimes mining minerals and coal. Verifiable are only some of the criminal law governing macam-macam legal evidence, the system adopted in kind, syarat-syarat and procedures present any location andthe authority of a magistrate to receive, refuse and assess a verifiable.The legal basis of the criminal evidence in law based on article 183-189 KUHAP and Evidence any that applied and arranged in kuhap indonesia based on article 184 paragraph ( 2 ) is: a witness, the people of the information, a letter, guidance,information the defendant. Evidence any either on of evidence of a criminal act in indonesia, both those which have arranged in special laws and still based on pure kuhap of course make an impact progress for the enforcement of law inIndonesia
Peran Dinas Sosial Dalam Upaya Pemenuhan Hak Orang Dengan Gangguan Jiwa Menurut Undang-Undang Nomor 18 Tahun 2014 Tentang Kesehatan Jiwa di Kota Kuala Tungkal Wahyudi, Isma; Muslih, M; Supeno, Supeno
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.v16i1.594

Abstract

Individuals with mental disorders are categorized as mentally disabled, according to the provisions of the article, individuals with mental disorders are guaranteed their rights to receive special care and assistance at the expense of the State to ensure a decent life in accordance with their human dignity. The objectives of this research are: 1) To understand and analyze the role of the Department of Social Affairs in efforts to fulfill the rights of People with Mental Disorders according to Law Number 18 of 2014 concerning Mental Health in the City of Kuala Tungkal. 2) To understand and analyze the obstacles in the implementation of the role of the Department of Social Affairs in efforts to fulfill the rights of People with Mental Disorders according to Law Number 18 of 2014 concerning Mental Health. 3) To understand and analyze the efforts made by the Department of Social Affairs in efforts to fulfill the rights of People with Mental Disorders according to Law Number 18 of 2014 concerning Mental Health.
Problematika Produk Hukum Daerah Terkait Perizinan di Pemerintah Kota Jambi Fajri, Ikhwannul; Azed, Abdul Bari; Muslih, M
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.v16i1.585

Abstract

Implementation of Jambi City Regional Regulation Number 9 of 2010 concerning the Implementation of One-Stop Integrated Services (PTSP), is currently no longer relevant to the dynamics of changing times and the contents of the Regional Regulation do not contain a chapter that regulates supervision as regulated in Minister of Home Affairs Regulation Number 25 of 2021 concerning DPMPTSP and BKPM Regulation Number 2 of 2021 concerning Guidelines and Procedures for Supervising Risk-Based Business Licensing. This study explains the implementation of legal products related to licensing in Jambi City Government, the problems of legal products related to licensing in Jambi City Government and the impact of the implementation of legal products related to licensing in Jambi City Government.
Implementasi Pasal 10 Huruf A Undang-Undang Nomor 22 Tahun 2022 Dalam Pemberian Hak Remisi Bagi Narapidana di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak Azed, Abdul Bari; Muslih, Muhammad; Marliansyah, Fadly
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.v15i2.514

Abstract

In Article 10 paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, it is explained that prisoners who have fulfilled certain requirements without exception are also entitled to remission. However, in its implementation in the field, it turns out that there are various problems that arise. The aim of this research is to understand and analyze the implementation of Article 10 Paragraph (1) Letter a of Law Number 22 of 2022 in granting remission rights to prisoners in Class IIB Muara Sabak Narcotics Prison, to analyze the factors that hinder them and efforts to overcome them, as well as ideal arrangements for granting remission rights for convicts in the future. The method used in this research is empirical juridical which uses primary data. The results of the research show that the granting of remission rights to prisoners in the Class IIB Muara Sabak Narcotics Prison is guided by Article 10 Paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, but its implementation is still not effective. The factors that influence the granting of remission rights to prisoners in the Muara Sabak Class IIB Narcotics Prison consist of internal factors include: The mechanism for assessing prisoner behavior using the SPPN instrument is less effective. There are still violations committed by prisoners which result in disciplinary punishment so that the prisoner's proposal for remission is rejected. Meanwhile, the external factors are: There are still delays in the execution of court decisions by the Prosecutor's Office which results in the registration process in prison being late. Efforts to overcome this include: The prison authorities should make a step to simplify the system for assessing the behavior of correctional inmates, Activate both security and coaching programs to shape the character and stimulate changes in behavior of inmates, and Strengthen synergy between the prison authorities and the detention authorities in carrying out executions prisoner. The ideal arrangements for granting remission rights to prisoners at the Class IIB Muara Sabak Narcotics Correctional Institution in the future include: The prison authorities coordinate with the detention authorities, so that prisoners who have been detained for more than 6 (six) months can have their behavior assessed using the SPPN instrument, and the Prison authorities propose rights. remission for detainees who have been detained for more than 6 (six) months in succession with due observance of the provisions of Article 148 of Permenkumham No. 3 of 2018.
Implementasi Hukum Adat Sebagai Penanganan Restorative Justice Dalam Membangun Sistem Alternative Penyelesaian Hukum Pidana di Indonesia Ternando, Albi; Alfarisi, M.s; Rahman, Rahman
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.v15i2.506

Abstract

In the implementation of the resolution of criminal law violations in customary courts, it is felt to be very effective in dealing with many criminal cases through a restorative justice approach which theoretically relies on values that are characterized by Indonesian harmony, balance and conduciveness to ensuring shared life in society. Therefore, all forms of recognition of customary law must be carried out through acceptance and granting legal status related to the existence of its implementation in areas where the application of customary law is very strong. This research is a qualitative type of research with a normative conceptual and juridical approach. The data source was obtained by examining positive legal norms in the form of applicable laws and customary law norms. The conclusions that can be drawn from this research are: In customary justice it is not considered as non-formal justice outside of the judiciary under the State judiciary institution. The Supreme Court is on par with other customary justice bodies. Customary justice is something that actually occurs in the midst of society, therefore the basis contains the principles of restorative justice which focuses on resolving criminal cases outside of court so that the value of justice can be accepted by each group and individual in the customary law that occurs in Indonesian society.

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