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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 336 Documents
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Prinsip Keadilan Restoratif dalam Penghentian Penuntutan Melalui Kompensasi dan Restitusi pada Tindak Pidana Pencurian Andry Andani; Ilham Kurniawan Dartias; Tri Dede Darmawan
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1383

Abstract

The implementation of restorative justice principles in Indonesia's criminal justice system represents a significant legal reform aimed at resolving criminal cases through the restoration of victims' rights, the accountability of offenders, and the achievement of balanced justice within society. This study aims to analyze the regulation of termination of prosecution based on restorative justice through compensation and restitution mechanisms in theft cases and its implications for the reform of Indonesia's criminal law system. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through library research. The findings indicate that the legal framework governing the termination of prosecution based on restorative justice is established under Law Number 1 of 2023 concerning the Criminal Code, Law Number 20 of 2025 concerning the Criminal Procedure Code, Attorney General Regulation Number 15 of 2020, National Police Regulation Number 8 of 2021, and Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. Nevertheless, the relationship between termination of prosecution and the implementation of compensation and restitution has not yet been comprehensively regulated. Therefore, harmonization of the relevant legal provisions is necessary to ensure legal certainty and effective protection of victims' rights within the implementation of restorative justice.
Perlindungan Hukum Bagi Konsumen Dalam Transaksi Jual Beli Online (E-Commerce) di Indonesia Novia Sartika; Ananda Fajar Subakhti; Ilham Kurniawan
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1388

Abstract

The rapid development of information technology has significantly accelerated the growth of electronic commerce (e-commerce) in Indonesia. Although e-commerce provides greater convenience in conducting commercial transactions, it also gives rise to various legal issues, including online fraud, breach of contract, misuse of personal data, and discrepancies between the goods or services received and the information provided by sellers. This study aims to analyze the legal framework for consumer protection in e-commerce transactions in Indonesia, examine the enforcement of laws against electronic commerce business operators, and identify the legal protection mechanisms available to users of electronic transactions. This research employs a normative juridical method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively using a descriptive-analytical method. The findings indicate that consumer protection in e-commerce transactions is comprehensively regulated under Law Number 8 of 1999 on Consumer Protection, Law Number 1 of 2024 on Electronic Information and Transactions, along with various implementing regulations. Law enforcement against business actors is carried out through administrative, civil, and criminal legal mechanisms to ensure legal certainty, protect consumer rights, and establish a secure and trustworthy digital trading environment. Nevertheless, the effectiveness of legal protection continues to face several challenges, including the rapid advancement of technology, low levels of public legal literacy, inadequate regulatory oversight, and the complexity of enforcing laws against cross-border business actors.
Pemisahan Hukum dan Moral dalam Positivisme Hukum: Implikasi terhadap Penalaran Hakim dan Keadilan Substantif di Indonesia Rts Fanny Inayah
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1393

Abstract

This article analyzes the separation between law and morality in legal positivism and its implications for judicial reasoning and substantive justice in Indonesia. The discussion begins from a recurring problem in Indonesian legal practice: legal positivism is often reduced to textual legalism, although positivism as a theory of legal validity is not identical with mechanical adjudication. This study uses normative legal research with conceptual, statutory, and case approaches. The primary legal materials include Law Number 48 of 2009 on Judicial Power, Law Number 1 of 2023 on the Criminal Code, Law Number 1 of 2026 on Criminal Adjustment, and Supreme Court Regulation Number 2 of 2012 on minor crimes and fines. The article finds that positivism contributes to legal certainty because it identifies valid law through authoritative social sources. However, a rigid separation between law and morality may narrow judicial reasoning and produce formally valid but substantively weak decisions. In the Indonesian context, positive law itself provides corrective mechanisms by requiring judges to explore living legal values, prioritize justice when it conflicts with certainty, and consider proportionality in sentencing. Therefore, the problem is not legal positivism as such, but its reduction into narrow legalism. Indonesian law enforcement should combine textual legality with responsible interpretation, proportionality, and the living sense of justice in society.
Analisis Putusan Hakim Pada Tindak Pidana Perdagangan Orang Menggunakan Teori Tujuan Hukum Gustav Radbruch (Studi Kasus Putusan Nomor:487/Pid.Sus/2023/PN.Jambi) Via Candritha; Abdul Bari Azed; M Muslih
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1384

Abstract

Human trafficking is a serious crime that violates human rights and has wide-ranging impacts on victims and society. In judicial practice, judges' rulings are expected not only to reflect legal certainty but also fairness and usefulness, as are the goals of law. This study aims to analyze the considerations judges take into account when sentencing perpetrators of human trafficking and to assess the application of Gustav Radbruch's legal theory goals, which include justice, legal certainty, and usefulness, in Ruling Number 487/Pid.Sus/2023/PN.Jambi. This research uses a normative juridical method with legislative, case, and conceptual approaches. Data were collected through a literature study of relevant laws and regulations, court rulings, and legal doctrines. Research results show that the judge's considerations in the decision were based on the applicable positive law, but have not fully reflected a sense of justice and the usefulness of the law, especially for the victims, when compared to other similar rulings. The relatively lighter sentence created an imbalance between the prosecutor's demands, the impact of the perpetrator's actions, and protection for the victims. Based on an analysis using Gustav Radbruch's theory, it can be concluded that these three fundamental legal values have not been fulfilled proportionally. Therefore, judges need to be consistent and careful in handing down sentences so that the decisions truly reflect substantive justice, provide legal certainty, and benefit society.
Pilkada Langsung dan Paradoks Desentralisasi: Ketidakseimbangan Antara Legitimasi Politik dan Kewenangan Pemerintahan Daerah di Indonesia Ahmad Jumadil; Supeno Supeno; Nazifah Nazifah
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1389

Abstract

This study aims to examine how the method of selecting regional heads is inextricably linked to the design of decentralization within Indonesia's constitutional system. Debates regarding direct versus indirect regional head elections are often viewed merely through the lenses of democratic procedure, political efficiency, or local government stability. Yet, a deeper perspective—specifically, how authority is regulated and distributed between central and regional governments within the framework of autonomy—is frequently overlooked. This study explores the extent to which regional head election mechanisms truly align with decentralization principles, particularly from the perspective of asymmetric decentralization. Employing a normative legal approach, the study draws upon statutory regulations and conceptual frameworks. Primary legal sources consist of regulations concerning regional government and regional head elections, while secondary sources include relevant literature and prior research findings. The study reveals an imbalance: while directly elected regional heads possess strong political legitimacy, the actual authority exercised by regional governments remains limited due to a system that is still relatively centralized. This situation creates a paradox in the decentralization design: strong local political legitimacy exists alongside insufficient authority to manage regional governance. Consequently, the debate over regional head election mechanisms cannot be divorced from broader issues regarding decentralization design and the division of authority between the central and regional governments within Indonesia's constitutional system.
Sanksi Pidana Terhadap Pengemudi Kendaraan Bermotor Tanpa Dilengkapi Surat Tanda Nomor Kendaraan di Wilayah Hukum Kabupaten Tanjung Jabung Barat R.M Ferry Irawan; Bunyamin Alamsyah; Nyimas Enny Fitriya Wardhany; Iman Hidayat
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1385

Abstract

Motor vehicle drivers without a Vehicle Registration Certificate (STNK) in the Tanjung Jabung Barat Regency area have increased over the past 3 years, which prompted interest in conducting research in the form of a thesis aimed at understanding and analyzing criminal sanction enforcement, obstacles, and efforts against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat Regency area. The research method used is Empirical Normative Juridical. The enforcement of criminal sanctions against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat Regency area begins with the seizure of those who cannot show the Original STNK, with the vehicle being immediately towed and stored at the Satlantas Polres Tanjung Jabung Timur, accompanied by a seizure report (BAP). For drivers who can show the original vehicle registration certificate (STNK) or a photo of the original STNK, they are still given traffic fines after verification. The challenges faced by the Tanjung Jabung Barat Police in enforcing criminal sanctions against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat area include: the driver themselves, the law enforcers, in this case, the lack of supervision from relevant parties or coordination, such as the SAMSAT of Tanjung Jabung Barat, limited vehicle storage space at the Traffic Unit of Tanjung Jabung Barat Police, insufficient socialization and legal counseling to the public, lack of legal awareness and ethics, and some people still thinking that criminal sanctions have no deterrent effect because they can be paid via e-ticketing with a maximum amount of Rp. 500,000 (five hundred thousand rupiah). Efforts carried out by the Tanjung Jabung Barat Police in enforcing criminal sanctions against motor vehicle drivers without Vehicle Registration Certificates in the Tanjung Jabung Barat Regency legal area include adding personnel to the Tanjung Jabung Barat Traffic Unit, increasing police discretion to reduce congestion at the traffic unit, enhancing cooperation with the Tanjung Jabung Barat SAMSAT to speed up vehicle tax payments and STNK validation, socializing and providing legal counseling about the importance of STNK and the criminal sanctions regulated in the Road Traffic Law. It requires the role and cooperation of the community to comply with and adhere to the mandatory rules for having an STNK in addition to a driving license, helmet, and other rider safety measures. The suggestions put forward include the need to increase the number of personnel and infrastructure in the Traffic Unit of Tanjung Jabung Barat Police, the need for synergy between Tanjung Jabung Barat Police and SAMSAT Tanjung Jabung Barat regarding the importance of vehicle registration (STNK) and speeding up the bureaucracy for tax payments and registration verification, and increasing socialization and legal counseling to the public that driving without a valid STNK is a traffic violation and carries criminal sanctions as regulated in the traffic and road transport law.

Page 34 of 34 | Total Record : 336

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