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Jurnal Ilmu Hukum Kanturuna Wolio
Published by Universitas Dayanu Ikhsanuddin
ISSN : 27153150     EISSN : 28087097     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu Hukum Kanturuna Wolio Fakultas Hukum Universitas Dayanu Ikhsanuddin Baubau, bertujuan sebagai sarana media akademik membahas isu ilmu hukum. Berisikan karya ilmiah berupa ringkasan hasil penelitian dan gagasan hasil pemikiran. Dewan Redaksi mengundang para dosen, ahli, mahasiswa, praktisi dan masyarakat yang berminat untuk menuangkan hasil pemikirannya kedalam tulisan ilmiah. Jadwal penerbitan setahun 2 (dua) kali pada bulan Januari dan Juli. Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagaimana terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Arjuna Subject : Umum - Umum
Articles 11 Documents
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Search results for , issue "volume 7, number 2, july 2026" : 11 Documents clear
TINJAUAN HUKUM PENERBITAN SERTIPIKAT PENGGANTI HAK ATAS TANAH : STUDI PADA KANTOR PERTANAHAN KOTA BAUBAU Zamrud Wa Ode; Intan Cahyani Wa Ode
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2177

Abstract

The formulation of the problem proposed is how is the mechanism for issuing replacement certificates for land rights at the Baubau City Land Office; what is the position of replacement certificates for land rights if the old certificate is found again. This research is included in the typology of empirical normative legal research. The data for this research were collected by means of document/library study and interviews with competent parties at the Baubau City Land Office, and supported by secondary data obtained by conducting a literature study. This research uses a qualitative descriptive analysis approach. From the results of this study it was found that replacement land certificates due to loss, damage or old forms of course in the issuance must be based on the procedure for issuing replacement land certificates in accordance with Government Regulation Number 24 of 1997 concerning Land Registration can only be submitted by the party whose name is listed as the rights holder in the relevant land book or another party who is the recipient of rights based on the PPAT deed or an extract of the auction minutes. based on article 58 of government regulation Number 24 of 1997 concerning land registration, Replacement certificates can be issued for reasons of damage or loss and the old certificate must be destroyed and retained. And it can be concluded that if the old certificate has been found again, the old certificate must be destroyed or retained and submitted to the land office and the validity of the old certificate must be canceled, which is considered valid for the replacement certificate that has been issued. This study recommends that the Baubau City Land Office should conduct more frequent counseling to the public regarding the importance of land ownership certificates and replacement certificates for people whose certificates are lost, damaged or even still using old forms. And the public who act as applicants for replacement certificates due to loss that if in the future they find the lost land certificate again, the certificate must be submitted to the land office to avoid land disputes or conflicts
PERTANGGUNG JAWABAN PIDANA TERHADAP TERPUBLIKASINYA DATA REKAM MEDIS PASIEN Hardi Done; Agnes Fitria Ananda Kolo
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2178

Abstract

This research aims to examine the criminal responsibility arising from the publication of patient medical records data using a normative juridical approach. In the legal context, patient medical records data is highly sensitive information protected by various laws and regulations. This study aims to analyze the legal framework governing the protection of medical data, as well as the legal consequences that may be imposed on parties involved in the unauthorized dissemination of such data. The research method employed is a normative juridical approach, focusing on the analysis of relevant laws and regulations, including Law No. 36 of 2009 on Health, Law No. 11 of 2008 on Electronic Information and Transactions, and the Personal Data Protection Law. This study also includes an analysis of legal doctrines and jurisprudence related to violations of privacy and the confidentiality of medical data. The findings indicate that violations of the legal provisions governing the protection of medical data can result in criminal sanctions, both for individuals and institutions responsible. Additionally, the research identifies various factors contributing to these violations, such as a lack of understanding regarding the importance of data confidentiality and weak oversight of medical data management practices. This thesis also provides recommendations for enhancing the protection of medical data, including the need for regulatory strengthening, increasing legal awareness among medical personnel, and developing more effective oversight mechanisms. Thus, this research is expected to make a significant contribution to the understanding of the importance of medical data protection and the legal implications for violators, as well as to encourage better protection efforts for patients' personal data.
ANALISIS YURIDIS PERBANDINGAN PUTUSAN NO.183/PID.SUS/2024/PN PSW DENGAN PUTUSAN NO.124/PID.SUS/2024/PN PSW MENGENAI TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI PENGADILAN NEGERI PASARWAJO Ali Mustafa La Ode; Rifqah Zahra Khaidar K
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2180

Abstract

This study aims to determine the legal basis for the judge's considerations in deciding a case and what influences the differences between decision No.183/Pid. Sus/2024/PN Psw. and decision No.124/Pid. Sus/2024/PN Psw. The research method in writing this thesis is a qualitative method, with secondary and primary data coverage, this study was conducted in 1 location, namely the Pasarwajo District Court. The results of this study indicate that the legal basis for judges' considerations in a case is Law Number 48 of 2009 concerning Judicial Power, judges are responsible for conveying clear considerations and based on appropriate legal reasons, and must consider various aspects that can alleviate or burden the perpetrator. It is important for judges to pay attention to legal, philosophical, and sociological truth so that the decisions taken reflect justice and positive social impacts so that each decision can be accepted and understood by the community. The difference in verdicts handed down by judges is influenced by several factors including the facts in the trial, the role and involvement of the defendant, and the evidence found. In addition, demands from the public prosecutor and consideration of aggravating and mitigating factors are also present in the judge's decision, thus this difference in verdicts reflects the difficulties in the justice system, where each case must be considered individually based on the context and facts available, as well as the social impact of the decision taken.
TINJAUAN HUKUM PELAKSANAAN PENGAWASAN KANTOR URUSAN AGAMA TERHADAP PENGELOLAAN HARTA BENDA WAKAF: STUDI PADA KANTOR URUSAN AGAMA KECAMATAN MURHUM KOTA BAUBAU Muskur La Ode Muhammad; Rizqan Moh
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2181

Abstract

The formulation of the problem proposed is How is the implementation of supervision of the Religious Affairs Office on the management of waqf assets at the Religious Affairs Office of Murhum District, What are the obstacles in implementing supervision of the Religious Affairs Office on the management of waqf assets at the Religious Affairs Office of Murhum District. This research is an empirical normative legal research. The data for this research were collected by means of document/library studies and interviews with competent parties at the Religious Affairs Office of Murhum District. Supervision of the management of waqf assets at the Religious Affairs Office (KUA) of Murhum District experiences various obstacles that affect the effectiveness of its implementation.  This study examines important aspects in the implementation of supervision, including plans, instructions, targets, and policies, as well as basic principles such as supervisor independence and competencies that must be possessed. Through interviews with the Head of KUA, major obstacles were found such as limited human resources, unclear instructions, less measurable targets, challenges in policy enforcement, non-compliance of waqf managers, and minimal socialization to the community. This study recommends improving human resources, preparing clear procedures and guidelines, developing measurable performance indicators, and increasing socialization and counseling to the community and waqf managers. Thus, it is hoped that supervision of waqf asset management can run more effectively and provide optimal benefits to the community.This study recommends to the Murhum District Religious Affairs Officethat   necessary to improve Human Resources by recruiting, Developing Performance Indicators, Intensive Socialization and Counseling, Increasing Independence and Supervisory Authority, Periodic Monitoring and Evaluation.
KEWENANGAN PROVOS BRIMOB POLRI TERHADAP PELANGGARAN DISIPLIN ANGGOTA (STUDI PERATURAN PEMERINTAH NOMOR 2 TAHUN 2003 TENTANG PERATURAN DISIPLIN ANGGOTA KEPOLISIAN NEGARA REPUBLIK INDONESIA): STUDI PERATURAN PEMERINTAH NOMOR 2 TAHUN 2003 TENTANG PERATURAN DISIPLIN ANGGOTA KEPOLISIAN NEGARA REPUBLIK INDONESIA Faharudin Faharudin; Hidayat Sandra
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2182

Abstract

The rapid development of society, accompanied by the emergence of the principles of the rule of law, human rights, globalization, democratization, decentralization, transparency, and accountability, has given rise to new paradigms in understanding the objectives, duties, functions, authorities, and responsibilities of the Indonesian National Police. This condition has also increased public demands and expectations regarding the performance of the Indonesian National Police, which is increasingly oriented toward serving the interests of the community. The study methodology selected was normative legal research (normative law). Based on the scientific logic of jurisprudence, normative legal research is a scientific research methodology that seeks to discover the truth from a normative standpoint.  The legislative approach  is used  to  answer the research  issue by analyzing a number of laws and regulations that are pertinent to its main focus. Additionally, the conceptual approach is used to examine the concept of disciplinary punishment as well as disciplinary hearings when police personnel violate service regulations. According to research, the National Police of the Republic of Indonesia's ability to successfully carry out its responsibilities, which include upholding public safety and order, enforcing the law, and protecting, assisting, and serving the populace, depends not only on the caliber of police officers' expertise and professional abilities but also on each member of the force acting honorably in society. Every member of the National Police must always have a thorough understanding of police professional ethics, embody its spirit, and demonstrate this in their attitude and behavior while performing their duties and using their authority in order to achieve such conduct; in this way, they must avoid dishonorable behavior and the abuse of authority.
TINJAUAN YURIDIS TERHADAP PENJATUHAN PIDANA DALAM KASUS PENGEDARAN KOSMETIK YANG TIDAK MEMILIKI IZIN EDAR: Studi Putusan Nomor 131/Pid.Sus/2024/PN Bau Bunga Ali La Ode; Asri La Ode
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2183

Abstract

This study discusses the imposition of criminal sentences in the case of distribution of cosmetics without a distribution permit based on Decision Number 131/Pid.Sus/2024/PN Bau. The purpose of this study is to determine whether the judge's decision is in accordance with the applicable laws and regulations in the health sector and to understand the basis for the judge's legal considerations in imposing a sentence. The research method used is a normative and empirical legal approach, with data collected through document studies and interviews. The results of the study indicate that the perpetrators were legally proven and promised to commit a crime as regulated in Article 435 in conjunction with. Article 138 paragraph (2) of Law Number 17 of 2023 concerning Health, and is subject to a prison sentence of 5 months. This criminal sentence is considered to be in accordance with Article 435 because the article does not regulate the minimum sentence imposed. The judge's considerations include elements of pardon, evidence of cosmetics without a distribution permit, and confessions. This decision is considered to have fulfilled the elements of legality, although further study is needed regarding the deterrent effect and aspects of consumer protection. This research is expected to contribute to law enforcement against violations in the health sector and strengthen supervision of the circulation of cosmetic products.
TINJAUAN YURIDIS TAMBAHAN PENGHASILAN PEGAWAI (TPP) ASN DI KABUPATEN BUTON Darmawan Wiridin; Adli Bachmid
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2184

Abstract

This study aims to examine and analyze the legal basis, mechanism of the implementation of Additional Employee Income (TPP) for State Civil Apparatus (ASN) in Buton Regency from a Legal perspective. Additional Employee Income is one of the instruments of Regional Government policy to improve the welfare of State Civil Apparatus (ASN) while encouraging bureaucratic performance The research method used is normative, namely by using a statutory approach, a historical approach and a contextual approach, the author will refer to legal principles that can be found in scholarly regulations or other doctrines The results of the study indicate that although the provision of Additional Employee Income has been regulated through the Regent's Regulation, there are still weaknesses in the aspects of transparency and existing regulations. Therefore, a review and strengthening of regional regulations is needed so that the implementation of TPP can run well with the principle of legal.
TINJAUAN YURIDIS PENYELESAIAN SENGKETA TANAH WARIS ETNIS LAPORO MENURUT HUKUM ADAT BUTON: STUDI PADA KELURAHAN KARYA BARU KECAMATAN SORAWOLIO KOTA BAUBAU Rachmat Taibu; Nurfadhilah Rahma
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2186

Abstract

This research examines the resolution of land inheritance disputes within the Laporo ethnic community in Karya Baru Sub-District, Sorawolio District, Baubau City, based on Butonese customary law. The study is motivated by frequent conflicts among heirs regarding the distribution of inherited land, despite the formal recognition of customary inheritance law within Indonesia's legal system. The research aims to analyze the process of dispute resolution under customary law and to identify the obstacles encountered in its implementation. Using an empirical juridical approach, data were collected through interviews and observations involving local customary leaders and community members. The findings show that inheritance disputes are initially resolved through family deliberation. If no agreement is reached, the matter is escalated to customary authorities, who mediate based on traditional norms, justice, and consensus. However, challenges such as unilateral land control, lack of written evidence, unequal land division, and poor communication among heirs often hinder effective resolution. Although customary decisions do not have formal legal binding force, they are respected by the community as legitimate outcomes rooted in local wisdom and cultural values.
TINJAUAN HUKUM SANKSI ADAT MBACURIE SAU TERHADAP PERKAWINAN MERTUA DAN MENANTU DESA MATAWIA KEC.WOLOWA KAB. BUTON Syarifuddin, Muh; Widya Wijaya
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2187

Abstract

The formulation of the problem proposed is: How is the process of implementing the mbacurie sau customary sanctions in Matawi village and what are the factors that cause the imposition of mbacurie sau customary sanctions. This study uses primary data sources from interviews with informants and field or empirical results and secondary data sources in the form of the 1945 Constitution of the Republic of Indonesia, the Civil Code (KUHPer), Government Regulation Number 9 of 1975 Jo Number 1 of 2019 concerning Marriage, Compilation of Islamic Law (KHI), books, internet articles, legal journals. Data collection methods by interview and field results as well as literature studies in the form of narrative text, namely systematic sequence. Customary law in Matawia Village, particularly the mbacurie sau sanction, is an important instrument in maintaining order and harmony within the indigenous community. In the past, this sanction was applied to various forms of customary violations. However, along with social developments, its application is now more focused on violations related to marriage and actions that oppose decisions or undermine the authority of customary leaders (sara). The implementation process of the mbacurie sau sanction is carried out in a structured manner through several stages, starting from reporting, customary deliberation, monitoring, and ending with a decision in a customary court session. The primary purpose of enforcing this sanction is to strengthen the position of sara as the highest customary authority, ensuring that community members do not act arbitrarily, even though, in modern times, state law is also increasingly considered. The sanctions imposed on violators of customary norms include advice or reprimands, compensation, fines, and the most severe sanction, namely social exclusion or expulsion from the village. The implementation of these sanctions is adjusted based on the type of violation and its impact on the legal order and social balance within the indigenous community. Therefore, the main factor causing the enforcement of the mbacurie sau customary sanction in Matawia Village is the violation of prevailing customary norms and regulations, particularly those related to marriage, the authority of sara, and opposition to customary decisions
IMPLIKASI KETIDAKTERSEDIAAN TERMINAL TIPE C TERHADAP KEBERLANGSUNGAN ANGKUTAN UMUM DI KOTA BAUBAU DALAM PERSPEKTIF PERATURAN MENTERI PERHUBUNGAN NOMOR 24 TAHUN 2021 TENTANG PENYELENGGARAAN TERMINAL PENUMPANG ANGKUTAN JALAN La Ode Muhaimin; Nasrin; Wa ode Nurshinta Muhammad
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2188

Abstract

The background of this research is based on the absence of a Class C Terminal in Baubau City, which has caused various problems, such as irregular public transportation operations, the emergence of shadow terminals, and a decline in the efficiency and quality of public transportation services. This study aims to examine the legal and operational impacts of the absence of a Class C Terminal and to assess the suitability of the actual conditions in the field with the applicable regulatory provisions. The research method used is normative juridical, applying a statute approach and a conceptual approach. The legal sources used include primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of relevant literature and scientific works. Data analysis was conducted qualitatively through the interpretation of legal norms and their application at the regional level. The results of the study show that the absence of a Class C Terminal in Baubau City has disrupted the local transportation system, weakened supervision of routes, led to the emergence of unofficial terminals (shadow terminals), and decreased public interest in using public transportation. From a legal perspective, this condition shows that the implementation of Minister of Transportation Regulation No. 24 of 2021 has not been maximized and that the role of local governments in providing transportation facilities as part of public services has not been optimal. Therefore, the construction of a Class C Terminal is urgent in order to realize a safe, orderly, efficient, and sustainable transportation system in accordance with the principles of good governance and good public service management.

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