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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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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.
Analisis Pasal 85 Undang-Undang 45 Tahun 2009 Terhadap Penggunaan Jaring Hela Sebagai Alat Tangkap Ikan Ramadhan, Rievky Wahyu; Azed, Abdul Bari; Suzanalisa, Suzanalisa
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.v16i2.789

Abstract

Fisheries crime is a fishing activity carried out by fishermen and is contrary to the code of ethics of irresponsible fishing using prohibited fishing gear that results in damage to the marine ecosystem. Fisheries crime includes malpractice activities in the utilization of fishery resources which are illegal activities. The purpose of this study is to understand and analyze article 85 of Law Number 45 of 2009, whether it is effective enough in reducing the number of uses of haul nets as prohibited fishing gear in East Tanjung Jabung Regency
Analisis Yuridis Tindak Pidana Pemerasan dan Pengancaman Melalui Media Elektronik (Studi Putusan Pengadilan Negeri Tanjung Jabung Timur Nomor: 83/PID.SUS/2022/PN.TJT) Sihaloho, Hotman Natanael; Islah, Islah; Octaviany S, Nela
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.v16i2.780

Abstract

This study aims to determine and analyse how the judge's consideration in the decision of the East Tanjung Jabung District Court Number: 83/Pid.Sus/2022/PN.Tjt and how the judge's decision in the decision of the East Tanjung Jabung District Court Number: 83/Pid.Sus/2022/PN.Tjt. The research method is normative juridical. The results of his research are that the legal considerations made by a judge are also one of the duties and obligations of a judge, namely the obligation to explore, follow, and understand the legal values and sense of justice that live in society. This becomes material that is processed to make legal considerations. It is also implied that a judge in carrying out his duties can carry out legal discovery or rechtvinding. And the Decision of the Judge of the East Tanjung Jabung District Court Number: 83/Pid.Sus/2022/PN.Tjt is the result of something that has been carefully considered and assessed beforehand by a judge in written or oral form. A judge's decision is a decision made by a judge after a criminal procedure procedure that contains a verdict of punishment or acquittal or release from all legal charges made in written form with the aim of resolving the case.
Penyelesaian Kasus Perzinaan Dalam Keluarga Hidayat, Iman
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.v16i2.777

Abstract

This paper discusses the settlement of adultery cases in the family. The formulation of this problem is how the settlement of adultery cases in the family, what are the problems encountered and how to overcome them. To analyse these problems, a Socio Legal Research approach is used, which is research that refers to the legal norms contained in the applicable laws and regulations and is then associated with the application that occurs in the community.To examine the three existing problems, several theories are used, among others, the theory of restorative justice, crime prevention, customary law. The results of this study indicate that the settlement of adultery cases in the family is carried out by customary criminal law derived from the basis of Jambi customary law, namely by expulsion from the village but previously held a village wash by giving one buffalo, 100 bushels of rice, 50 coconuts and as sweet as possible. Then the perpetrator apologised for his actions and signed a peace agreement (Surat setih). The problems encountered were that there was a difference of opinion between the youth and the tengganai elders in the adat meeting in deciding on the sanction of this case, adultery cases resolved by national criminal law were time consuming and costly, causing much suffering to the perpetrator, the community does not know much about the basis of Jambi Customary Law. Efforts to overcome the problems that occur include holding a personal approach from the youth with the elders of the tengganai to continue to apply the existing criminal law, all parties deliberate that customary criminal law is more appropriate than national criminal law, providing socialisation to the community so that they know the basis of Jambi customary law. The suggestion is that in order to prevent adultery in the family, namely providing religious counselling so that faith is strengthened rather than lust and counselling on the basis of Jambi customary law so that people know that customary criminal law can resolve cases of family adultery quickly, affordable costs, thus the existence of customary criminal law applies and has permanent legal force.
Pelaksanaan Fungsi Kepala Dinas Dalam Penegakan Disiplin Kerja Aparatur Sipil Negara di Lingkungan Dinas Kesehatan Muaro Jambi Masriyani, Masriyani; Tresya, Tresya; Suryani, Pirma
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.v16i2.785

Abstract

This study aims to determine and analyse: the implementation of the function of the head of service in enforcing the work discipline of state civil servants in the Muaro Jambi Regency Health Office, obstacles that occur in the implementation of the function of the head of service in enforcing the work discipline of state civil servants in the Muaro Jambi Regency Health Office and efforts made to overcome obstacles that occur in the implementation of the function of the head of service in enforcing the work discipline of state civil servants in the Muaro Jambi Regency Health Office. This type of research used is empirical research. Research conducted on existing legal facts by conducting research directly into the field to find out the implementation and problems that arise. The author conducts research in a place that is directly related to the issues raised, namely at the Muaro Jambi Regency Health Office.
Implementasi Aparat Pengawas Intern Pemerintah Dalam Meningkatkan Akuntabilitas Dan Transparansi Penyelenggaraan Pemerintah Daerah (Studi Di Inspektorat Daerah Kabupaten Asahan) Lubis, Sofyan Soury; Bahmid, Bahmid
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.v16i2.704

Abstract

The Government Internal Supervisory Apparatus (APIP) in increasing accountability and transparency of regional finances, especially those carried out at the Regional Inspectorate of Asahan Regency, has an important urgency in financial accountability, because the Regional Inspectorate is responsible for ensuring that all regional government finances are carried out transparently and in accordance with applicable regulation. This research aims to identify the extent to which internal supervisory officials are successful in ensuring financial accountability in Asahan Regency. This research can also make a significant contribution to efforts to improve regional financial governance as a whole. The method used is empirical supported by interviews and data collection by means of documentation studies, literature studies and interviews. The authority of the Government Internal Apparatus (APIP) to increase accountability and transparency in Asahan Regency, by providing quality assurance consisting of audits, monitoring, evaluation, monitoring, reviews, implementation of the Whistle Blowing System and Consulting Partners which consists of assistance and mentoring as well as consultations.

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