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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 73 Documents
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PENERAPAN SANKSI HUKUM ADAT DI KAWASAN OMBO DESA WABULA KECAMATAN WABULA KABUPATEN BUTON Leos Davfid; Hardi Done; Samaluddin Samaluddin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Number 2, Juli 2022
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v3i2.770

Abstract

This study aims to find out two things, first to find out the application of customary law sanctions in the ombo area of ​​Wabula Village, Wabula District, Buton Regency and to find out what are the obstacles in the application of customary sanctions in the ombo area of ​​Wabula Village, Wabula District, Buton Regency. The research was conducted in the Ombo area, Wabula Village, Wabula District, Buton Regency, with the research method using data collection techniques by means of library research and field research. The results show that, the application of customary law sanctions, by traditional leaders and Parabela in the customary law area (Ombo) is still respected and upheld by the local indigenous community, customary law sanctions are still applied to anyone who violates customs in the Ombo area, Wabula Village. Wabula District, Buton Regency, while the obstacles in the application of customary law sanctions in the Ombo Area, Wabula Village, Wabula District, Buton Regency are almost non-existent because the community still upholds the level of sacredness of customs and culture so that what has been determined by traditional institutions is always obeyed by the community, even if there are obstacles. only on the application of customary law sanctions to people from outside the Wabula who then commit violations by entering the ombo area.
PERANAN LEMBAGA BANTUAN HUKUM DALAM MEMBERIKAN BANTUAN HUKUM KEPADA MASYARAKAT TIDAK MAMPU DITINJAU DARI PUTUSAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2014 La Ode Sarman; Nasrin Nasrin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Number 2, Juli 2022
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v3i2.771

Abstract

Indonesia is a state of law. This is in line with the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia which reads that the State of Indonesia is a state of law. Then in article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it reads "all citizens have the same position in law and government and are obliged to uphold the law and government without exception". Likewise, it is also explained in Article 28D paragraph (1) of the 1945 Constitution which reads that every citizen has the right to recognition, guarantee, protection and fair legal certainty and equal treatment before the law. Therefore, the constitution guarantees that every citizen who stumbles upon a legal case has the right to obtain guarantees and legal assistance from the state. The problems in this study are (1) What is the role of LBH in providing legal aid to underprivileged communities? (2) What is the role of legal aid institutions (LBH) in providing legal assistance to underprivileged communities in accordance with the decision of the Supreme Court (MA) number 1 of 2014?. The objectives of this research are: (1) Knowing how the role of legal aid institutions (LBH) in providing legal aid to underprivileged communities is? (2) Knowing what is the role of legal aid institutions (LBH) in providing legal assistance to underprivileged communities with the decision of the Supreme Court (MA) Number 1 of 2014?. The research location is at POSBAKUMADIN Baubau City. Based on the formulation of the problem, objectives, benefits and research methods used, the authors conclude that the role of LBH in this case POSBAKUMADIN Baubau City has not been effectively implemented for the people of Baubau City, this is due to the lack of public knowledge about free legal aid and the absence of assistance from the public. Baubau city government in this case the special APBD budgeting for free legal aid for the poor.
PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI KONSUMEN PENGGUNA JASA OJEK ONLINE Wa Ode Zamrud; Muhammad Syarifuddin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Number 2, Juli 2022
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v3i2.787

Abstract

The purpose of writing is to know legal protection to consumer in using transportation service online and responsibilities of business players when the loss from the customers in using transportation service online. From analysis discussed can be concluded that legal protection given to the entrepreneurs transportation service based application where in terms of transportation has been set up in article 10 act - act number 22/2009 about traffic and publik transportation, government regulation no 41 years 1993 on public transportation and transportation minister decree number 35 years 2003 regarding minivans people in the street and public transports and if consumers feel the quantity and quality of services that does not conform so consumer entitled 2 get compensation loss worth in accordance with the provisions article 19 clause (1 and paragraph (2) act - act number 8 1999 on consumer protection. The development of business in city Baubau good, in terms of industry manufacturing, and facilities must be provided to support business development itself, hance by high demand for motorcycle taxi online necessary the study of Indonesia kururio ojek so users of online shelter law.
PERLINDUNGAN HUKUM BAGI ANAK ANGKAT TANPA PUTUSAN PENGADILAN DITINJAU DARI HUKUM PERDATA Wa Ode Zamrud; Muhammad Syarifuddin; Annisa Ravena Balqis
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1007

Abstract

This study aims to determine and examine the rights and obligations of adopted children without a court decision according to civil law and to find out the obstacles to adopted children without a court decision in inheritance according to civil law. This research was conducted at the Baubau District Court and the Baubau City Departement of Population and Civil Registry Office, the method used in this research is normative legal research that examines positive law and legal principles and their theoretical aspects through reading sources, such as laws, books , scientific articles, mass media, and legal journals and in this case the researchers obtained data directly from the parties concerned which were specifically collected for this research by conducting direct interviews. The results show that the position of the adopted child in obtaining the right to inherit based on the Civil Code, namely the adoption of a child will affect the position of the inheritance rights of the adopted child against his adoptive parents which in principle the inheritance of the adopted child is returned to the inheritance law of his adoptive parents. Adoptive parents are obliged to make sure that after he dies, his adopted child is not abandoned.
TINJAUAN SOSIO KRIMINOLOGIS TENTANG EKSPLOITASI ANAK YANG DIPEKERJAKAN SEBAGAI BADUT MAMPANG DI KOTA BAUBAU La Ode Ali Mustafa; Samaluddin Samaluddin; Yhoga Tama Maulana Dani
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1008

Abstract

In writing this thesis, the author discusses the exploitation of children in the form of economic exploitation who are employed as mampang clowns. The purpose of writing this thesis is to find out what are the factors that cause the exploitation of children who work as mampang clowns in Baubau City. In addition, to find out how the efforts made by the Baubau City government in handling the exploitation of children who work as mampang clowns. This research is a qualitative legal paper where secondary data in the form of theory, definition and substance from various literatures and laws and regulations as well as primary data obtained from interviews, observations and field studies will then be analyzed with laws and the opinions of relevant experts. so that a clear and complete picture is obtained in order to produce a conclusion that can be used to answer the problem formulation. In addition, the efforts made by the government, especially the Office of Women's Empowerment and Child Protection in Baubau City in handling the exploitation of children who work as clowns, are preventive efforts, namely preventive measures by conducting socialization, repressive efforts, namely by conducting joint raids with the Social Service and City SATPOL PP. Baubau, and rehabilitation efforts, namely by providing guidance to children who have been caught in raids.
EVALUASI KINERJA BADAN PERMUSYAWARATAN DESA DALAM MELAKSANAKAN FUNGSI PENGAWASAN: (Studi Di Desa Tanomeha, Kecamatan Kaledupa Selatan, Kabupaten Wakatobi) Nasrin Nasrin; Darmawan Wiridin; Luski Rezi
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1009

Abstract

In writing this thesis the author discusses the performance of the village consultative body in carrying out its functions and roles. The purpose of writing this journal is U To find out how the implementation of the supervisory function of BPD in Indonesia. In addition, to find out whether the implementation of the BPD's supervisory function on the performance of the Village Head in Tanomeha Village, South Kaledupa District, Wakatobi Regency has been in accordance with the Act. This research is a normative juridical legal writing using a statutory approach and a conceptual approach. The statutory approach is carried out by analyzing statutory regulations related to the supervisory function of the BPD and village government. The results showed that the village government was the village executive and the BPD was the village legislature. The Village Consultative Body (BPD) as a legislative institution and a forum that functions to establish village regulations with the village head, accommodate and channel the aspirations of the community. The existence of the BDP in Tanomeha Village has not been maximized, and the BPD still does not understand well its duties and functions as a BPD. In addition, there are several factors that hinder the implementation of the duties and functions of the BPD in Tanomeha village, such as the lack of adequate facilities, especially the secretariat, communication patterns between BPD members that are not well established, the lack of education level of BPD members where only the head of the BPD has a bachelor's degree, and busyness. higher than the members of the BPD.
PERLINDUNGAN HUKUM TANAH WAKAF YANG TIDAK MEMILIKI AKTA IKRAR WAKAF Rachmat Taibu; Ulfa Novrianti
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1010

Abstract

This study aims to determine and examine the rights to waqf land that does not have a waqf pledge and its position at the Baubau City Land Office and Baubau City Religious Affairs Office.This research was carried out at the Baubau City Land Office and Baubau Religious Affairs Office, the method used in this research is normative legal research that examines positive law and legal principles and their theoretical aspects through reading sources, such as laws, books, articles scientific, mass media, and legal journals and in this case the researchers obtained data directly from the parties concerned which were specifically collected for this research by conducting direct interviews. The results show that based on legal efforts to protect the rights of waqf that do not have the status of waqf land without a waqf pledge that occurs in Baubau City is if the waqf element is not fulfilled, then legally the waqf can be said to never exist. The making of the Waqf Pledge Deed has a very important meaning, because by making the waqf pledge deed, the endowment will be authentically proven and so that it can be judged whether or not a legal event is true and the evidence for the waqf pledge is legal evidence.
PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP PENDAPATAN ASLI DAERAH PADA SEKTOR PERHUBUNGAN LAUT DAN DARAT DI KABUPATEN BUTON TENGAH La Ode Abdul Hamid; Sitti Aisyah; Safiani Safiani
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1011

Abstract

The purpose of this study was to determine the implementation of the DPRD’s supervisory function on PAD in Central Buton Regency and the obstacles in the DPRD’ supervisory function of PADin central Buton Regency. This research is a type of normative juridical research with a law approach which takes place in ino month in Central Buton Regency. The result of this study indicate that: (1) DPRD’s supervisory function of PAD can be divided into two, namely, supervision carried out oytside the DPRD building and supervision carried out outside the DPRD building and supervision carried out inside the DPRD building ; (2) The obstacles are DPRD members who lack adequate intellectual abilities, adequate levels of education, education levwls which have implication for the less than optimal role of DPRD, both institutional and individual roles, and lack of human resources in the sea and land transportation sector. The research suggests: DPRD members in carrying out their supervision must have intellectual abilties, further improve education and must increase adequate human resources
TINJAUAN HUKUM TERHADAP PRINSIP NASIONALITAS DALAM JUAL BELI HAK ATAS TANAH La Ode Muhammad Muskur; La Ode Hendro Susilo
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1012

Abstract

The principle of nationality adopted in the constitution on agriculture is fully enshrined in the Property Rights Regulation. Indonesian citizens who can have land ownership rights, while foreign citizens only have land use rights, then articles 1 and 2 of the constitution are thus complied with. The aim of this research is to determine the application of the nationality principle in the purchase and sale of fundamental rights and the effect of the nationality principle on the legal force in the purchase and sale of fundamental rights.The type of research used in this research is normative-empirical law, this research deals with the implementation or implementation of positive legal provisions and factual written documents about certain legal events occurring in society. The purpose of the assessment is to verify whether the results of the application of the law on legal facts are in concreto in accordance with the provisions of the legislation. Or in other words, whether the provisions of the legislation have been properly implemented so that the stakeholders achieve their goals or not. The results of the study indicate that the application of the nationality principle. The application of the nationality principle is an effort where the Indonesian people have full land rights in the Republic of Indonesia in accordance with the provisions of the law, while foreign citizens are not granted land rights in the form of property rights. Foreigners only have the right to cultivate, the right to build and the right of use. The legal force of the sale and purchase itself is in the deed of sale and purchase (AJB) where the deed of sale and purchase is proof that the fundamental rights have been transferred to the buyer who has bought the fundamental rights (property rights). The factor that then influences the legal force of buying and selling fundamental rights based on the nationality principle itself is whether the second party in this case the buyer is still a foreigner (WNA) which is an administrative defect and cannot be registered with the National Land Agency.
TINJAUAN SOSIO YURIDIS PERKELAHIAN ANTAR PEMUDA DI KELURAHAN BOMBONAWULU KECAMATAN GU KABUPATEN BUTON TENGAH La Ode Bunga Ali; Hardi Done; Siti Afifa Hatma
Jurnal Ilmu Hukum Kanturuna Wolio Volume 4, Number 1, Januari 2023
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/jkw.v4i1.1013

Abstract

This study aims to determine the factors of the occurrence of fights between youths in Gu District, Bombonawulu Village and the efforts of the police to prevent fights between youths. This research was conducted in Buton Tengah District, Gu District with the research location in Bombonawuu Village. Data collection techniques through direct interviews with related parties from the results found the fact that the factors for the occurrence of fights between youths were education, family environment, age factor, revenge factor, liquor, lack of self-development forum in adolescents. Adapting police efforts and understanding to thr community about preventive efforts, taking prevention by actively engaging with the community and taking action against perpetrators of fights.

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