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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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Efektivitas Ketentuan Insentif dan Disinsentif Terkait Perizinan Pemanfaatan Ruang Pada Zona Perdagangan dan Jasa Berdasarkan Perda Nomor 5 Tahun 2012 Tentang Rencana Tata Ruang Wilayah Kota Sungai Penuh Tahun 2011 – 2031 Harifinal, Harifinal; Azed, Abdul Bari; 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.v16i1.590

Abstract

Even though the Regional Regulation on the Regional RTRW of Sungai Banyak City has been stipulated, the use of existing space is not yet in accordance with the plans that have been determined. This is indicated by the fact that the building does not meet the building construction requirements for both KDB, GSB and KDH. Provisions on Incentives and Disincentives Related to Licensing for Space Utilization in Trade and Service Zones based on the Regional Regulation on the RTRW of Sungai Banyak City have not been implemented effectively, this can be seen from the 182 Building Approvals that have been issued by the Sungai Full City Government from 2021 to 2023, they are not implemented provisions for incentives and disincentives for controlling space utilization. Factors that become obstacles include the fact that the Regional Regulation has not yet been established, there is still a lack of Satpol PP members, the facilities and infrastructure are still not complete, the community's legal awareness is still low, and people are building houses using the process of adjunct direction from traditional institutions. The efforts made by the Regional Government of Sungai Banyak City to overcome these obstacles include drafting the Draft Regional Regulation on the RTRW Revision, proposing additional members of the Civil Service Police Unit, maximizing honorary personnel, procuring facilities and infrastructure, socializing the Regional Regulation on Spatial Planning to the community, collaborating with traditional institutions in the planning process , utilization and control of the spatial planning of Sungai Banyak City.
Pengaturan Perlindungan Hukum bagi Penyandang Disabilitas dalam Rekruitmen Calon Pegawai Negeri Sipil Dari Perspektif Hak Asasi Manusia Nazifah, Nazifah
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.v15i2.502

Abstract

Indonesia is a country based on Pancasila and the 1945 Constitution of the Republic of Indonesia which respects and upholds human dignity. Article 53 of Law Number 8 of 2016 concerning Persons with Disabilities provides high expectations for persons with disabilities that they have the same opportunities as other normal people to get a job when in reality not all employment opportunities provide equal opportunities for persons with disabilities, so this article only provide facultative justice, the impact of which is that it is difficult for persons with disabilities to find work and even if they do find work, it is not uncommon for persons with disabilities to be discriminated against in the workplace. The recruitment of candidates for civil servants (CPNS) for persons with disabilities is a manifestation that every citizen has the right to have equal opportunities in government to implement the principle of equality. Although there are already formations for people with disabilities, they have not provided equal space and justice for all types of disabilities. There are a number of requirements for applicants with disabilities in certain institutions where the criteria for disabilities that can apply are being able to see, hear and speak well, then also be able to move using a walking aid other than a wheelchair. This discriminatory requirement will clearly close the opportunity for the blind, deaf, speech impaired and physically disabled to participate in the selection of CPNS admissions. Article 45 of Law Number 8 of 2016 concerning Persons with Disabilities, which stipulates that the Government and Regional Governments are required to ensure a fair and non-discriminatory process of recruitment, acceptance, job training, job placement, work continuity, and career development and without discrimination to Persons with Disabilities. discrimination, all persons with disabilities have equal opportunities, what will determine later is the competence and capability of each during the selection process. Therefore, it is necessary to interpret the laws and regulations on future concepts and ideas related to legal protection for persons with disabilities in the recruitment system for prospective civil servants from a human rights perspective.
Dilema Fiduciary Duty Theory dan Misappropriation Theory Dalam Kejahatan Pasar Modal di Indonesia Syazali, Emir Adzan
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.v15i2.510

Abstract

Crime in the capital market is a matter of great urgency for every investor in ensuring legal certainty involving in Indonesia many cases that have occurred in the capital market that have not reached court, this has many causal factors starting from company organs related to information in public offerings and OJK in this case as the supervisor of the capital market because of the problem of Implications of Fiduciary Duty Theory and Misappropriation Theory in capital market crimes in Indonesia. writing using normative juridical legal methods, namely library law research and the results of research on the Capital Market Law need to be revised to suit the times. By comparing the two theories above, and analyzing articles 95 and 97 UUPM which regulate legal subjects, it can be seen that Fiduciary duty has weaknesses and results in legal loopholes exacerbated by the rapid advancement of technology so that an outsider who accidentally obtains material information/facts is very likely to be free from insider trading in Indonesia.
Kekuatan Hukum Surat Assesment BNNP Sebagai Rekomendasi Bagi Hakim Untuk Memutus Pelaksanaan Rehabilitasi Terhadap Penyalaguna Narkotika di Kota Jambi Putri, Septia Intan; Sahabuddin, S; Nggeboe, Ferdricka
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.v16i1.597

Abstract

It is known that the assessment is an assessment action to determine the resident's condition due to drug abuse which includes medical and social aspects. The assessment is carried out by means of interviews, observations and physical and mental examination of the suspect by investigators. So that investigators can determine whether the suspect has the right to receive an assessment application. However, even though narcotics abusers have received an assessment letter to undergo rehabilitation, several drug abusers have not had their assessment applications approved by the judge. The purpose of writing is to find out and analyze the legal strength of the BNNP assessment letter as a recommendation for judges to decide on the implementation of rehabilitation for narcotics abusers in Jambi City. In this research the author uses an empirical juridical research method, namely "research in the form of field studies starting from primary data to find theories regarding the process of occurrence and the process of how the law works. Meanwhile, the empirical approach (law as social, cultural or das sein reality), because in this research primary data obtained from the field is used. Data obtained from interviews and direct observation
Kajian Yuridis Sanksi Pidana Terhadap Tindak Pidana Hate Speech Cyberbullying di Indonesia Alhakim, Abdurrakhman; Girsang, Junimart; Wadhi, Getrudis Yetiana
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.v15i2.449

Abstract

Developments in the field of information and communication technology can have both positive and negative impacts and one of them is cyberbullying. Cyberbullying is a form of intimidation that occurs in cyberspace. The aim of this research is to find out how the criminal law policy for dealing with cyberbullying is based on criminal law reform. Criminal law policies regarding cyberbullying in Indonesia can currently be identified with the Criminal Code and Law no. 11 of 2008 concerning Information and Electronic Transactions. The current Criminal Code contains several articles relating to cyberbullying. Criminal law policies for efforts to overcome cyberbullying to reform criminal law can be obtained through the Concept of the Criminal Code as well as comparative studies with other countries regarding cyberbullying, so that the latest Criminal Code is formed and carried out comparisons so that it can be used as a reference and consideration for providing input on how to overcome cyberbullying in Indonesia. The type of research used is normative juridical using a statutory approach, analytical approach and case approach.
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.

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