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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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UPAYA BADAN PENGAWAS PEMILIHAN UMUM DALAM PENANGGULANGAN TINDAK PIDANA MONEY POLITIC Samaluddin, Samaluddin; Wiridin, Darmawan; Karim, Saiful
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 1, January 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i1.1757

Abstract

This research aims to understand the efforts of the Election Supervisory Agency (Bawaslu) in preventing money politics, especially in Tarafu Village, Batupoaro Subdistrict, Baubau City, and the inhibiting factors faced by the Election Supervisory Agency in eradicating money politics in Tarafu Village, Batupoaro Subdistrict, Baubau City. The research method employed is literature review and field study with the principles approach using Law Number 7 of 2017 and the Constitution of the Republic of Indonesia. The research specification is descriptive. Data sources involve direct question and answer sessions with election organizers including the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu), involved legislative candidates, and the residents of Tarafu Village, Batupoaro Subdistrict, Baubau City, as well as books and internet articles related to the researched title. The data collection method is literature review. The data presentation method is in the form of narrative text, systematically outlined. Data analysis is qualitative. Based on the results of the research and discussion in this thesis, it can be concluded that the efforts of the Election Supervisory Agency in preventing money politics, especially in Tarafu Village, Batupoaro Subdistrict, Baubau City, are through intensive socialization, direct enforcement against violations, and internal capacity building. Although there are reports from the Subdistrict Election Supervisory Committee (Panwascam), most do not meet the material criteria for further action. Overall, these efforts by Bawaslu have succeeded in reducing the practice of money politics, although there are still challenges in collecting evidence and handling reports. The inhibiting factors faced by the Election Supervisory Agency in combating Money Politics in Tarafu Village, Batupoaro Subdistrict, Baubau City are as follows: Economic Factors, Cultural Factors, and Lack of Public Knowledge About Politics.
PENERAPAN SANKSI TERHADAP NARAPIDANA YANG MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN SAAT MENJALANI PERAWATAN DI RUMAH SAKIT: STUDI KASUS DI LAPAS KLAS II A BAUBAU La Ode, Ali Mustafa; La Ode, Abdul Hamid; Susanto, Adelia
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 1, January 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i1.1758

Abstract

This study discusses the application of sanctions against prisoners who escape from correctional institutions while undergoing treatment in hospitals. The phenomenon of prison escapes during medical treatment poses a serious challenge for the correctional system in maintaining security and enforcing the law. This study uses a qualitative method by examining laws and regulations governing sanctions against prisoners who escape as well as case studies of several prison escape incidents. The results of the study indicate that there are gaps in supervision that are exploited by prisoners to escape, and the application of additional sanctions based on the Criminal Code (KUHP) and other related regulations still requires stricter enforcement. The sanctions applied aim to provide a deterrent effect, as well as prevent similar incidents from happening again. The conclusion of this study emphasizes the importance of increasing supervision and coordination between correctional institutions and health agencies in overseeing prisoners during treatment outside prison.
KAJIAN SOSIO YURIDIS PROSES PELAKSANAAN PRAPERADILAN DI PENGADILAN NEGERI BAUBAU Done, Hardi; La Ode, Bunga Ali; Ridjalin, Dedy Sarman
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 1, January 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i1.1759

Abstract

This research aims and examines the Socio Juridical Study of the Pretrial Implementation Process at the Baubau District Court. This study was carried out by combining juridical facts and field facts. Juridical facts show that every pretrial application submitted by the applicant must have a decision, whether the application is granted or rejected. After research has been carried out and this study has been compiled using field data, it will be found that if the process of arrest, detention, termination of investigation or prosecution and compensation or rehabilitation is legal, it can be concluded that: If the applicant's application is reasonable and can be proven, the pre-trial institution will issue a pre-trial decision, if it is unfounded and cannot be proven, then the judicial institution will issue a rejection decision or before the examination is complete the applicant withdraws the application or before the pre-trial examination of the main case has been submitted and heard then it will be dismissed. the pretrial application. The factors causing there to be no pre-trial decision are closely related to whether the petition is reasonable and can be proven or not or whether the applicant withdraws the petition before the case is finished or the main case has entered the trial process and has not been completed so the petition is dismissed.
PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PROSES PERCERAIAN ORANG TUA PADA PERKARA NOMOR 404/PDT.G/2024/PA BB (STUDI KASUS DI PENGADILAN AGAMA BAUBAU KELAS II) La Ode Muhammad, Muskur; Moh, Rizqi
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1898

Abstract

Indonesia regulates marriage through Law Number 16 of 2019, which stipulates the conditions, rights, and obligations of husband and wife to create a harmonious family. However, domestic conflict often leads to divorce, which has a negative impact, especially for children who become victims. This study aims to understand and explain the facts that occur and the application of norms in practice. In the context of child custody after divorce, it can also determine the efforts that can be taken if the decision is not implemented. The type of research applied in this study is a qualitative method, namely empirical legal research. This research focuses on an in-depth analysis of legal documents, as well as conducting observations and interviews with subjects in the field. The judge carefully considered granting custody to the plaintiff, namely the mother, because the children are still in a state of mumayyiz and unable to care for themselves. The plaintiff is required to provide access to the defendant to meet the children, and preventing meetings can be grounds for the court to revoke custody. If the children's rights are not fulfilled, there are two efforts that can be taken: execution and detention of the divorce certificate by the court.
PERAN HUKUM ADAT DALAM PENYELESAIAN PERKARA PIDANA PENCEMARAN NAMA BAIK STUDI DI LEMBAGA ADAT LIPU KATOBENGKE Done, Hardi; Fahri, Heriyadin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1899

Abstract

  This research discusses the role of customary law in the resolution of criminal cases, particularly defamation, in the Lipu Katobengke indigenous community in Southeast Sulawesi. Customary law in this region serves as a mechanism for conflict resolution that emphasizes local wisdom values and social harmony. This study employs a normative-empirical approach, with data collection through interviews, observations, and literature studies. The results of this study indicate that the Lipu Katobengke community still relies on customary leaders to resolve criminal cases, with a mediation process involving all relevant parties. The sanctions applied vary, ranging from light sanctions in the form of fines to heavy sanctions that are now handed over to the authorities. This research emphasizes the importance of preserving the culture and traditions of customary law, as well as the need to enhance the capacity of customary leaders in conflict resolution. Furthermore, cooperation between the indigenous community and the authorities is essential to ensure the sustainability of customary law in a modern context.
TINJAUAN YURIDIS PEMBEBASAN LAHAN UNTUK KEPENTINGAN UMUM DALAM PRESPEKTIF HAK MILIK DAN PENGGANTIAN KERUGIAN MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Taibu, Rachmat; Saputra, Fikhram Surya
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1900

Abstract

The problems formulated in this research are: What are the legal provisions concerning land acquisition for public interest from the perspective of ownership rights according to legislation; and what are the common obstacles in the process of land acquisition for public interest as well as the solutions and settlements? This research uses a normative juridical method with a descriptive qualitative approach. Data were obtained through a literature review of laws and regulations, legal documents, and scientific literature, and were complemented by field data through observation and documentation in the Baubau City area. The research results indicate that land acquisition for public interest does not fully guarantee the protection of ownership rights. In many cases, the compensation given does not align with the social and economic value of the land acquired, and there is minimal community involvement in the deliberation process. Furthermore, gaps in regulatory implementation hinder the achievement of substantive justice. Therefore, synchronization is needed between normative regulations and their implementation in the field, as well as a transparent, accountable, and participatory land acquisition mechanism. This research recommends that the government and related institutions prioritize legal principles that ensure fairness and equality in every land acquisition process. There is a need for legal education for the community regarding their rights, as well as the importance of strengthening legal instruments that can ensure certainty and protection of ownership rights in every form of land procurement for public interest. It is hoped that this research can contribute valuable thoughts to the development of agrarian law in Indonesia.
TUGAS DAN FUNGSI SATUAN PERAWATAN TAHANAN DAN BARANG BUKTI (SAT SAHTI) DALAM PENANGANAN BARANG BUKTI TINDAK PIDANA DI POLRES BUTON UTARA La Ode , Ali Mustafa; Harjo, Rusdin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1901

Abstract

This study aims to determine the implementation of supervision of detainees and evidence in the jurisdiction of the North Buton Police Resort and to determine the obstacles and efforts to overcome obstacles in the implementation of supervision of detainees and evidence in the North Buton Police Resort. This study is a descriptive study, the location of this research is at the North Buton Police Resort, data analysis in this study uses a qualitative method, namely using information or data that has been collected and presented in the form of descriptions by combining library research and field research so that a conclusion can be drawn in order to obtain a complete and systematic picture regarding the Management of Evidence in the Criminal Case Settlement Process. As for the results of this study, it can be concluded that the implementation of evidence management is guided by Police Regulation No. 10 of 2010 concerning Evidence Management Procedures: Implementation of evidence management at the North Buton Police Department includes receipt, storage, safeguarding, maintenance, release, destruction, administration, and reporting. The implementation of evidence management at the North Buton Police Department complies with applicable police legal regulations, ensuring that all items confiscated by investigators are stored at the SAT TAHTI (Detention Unit) in the evidence storage warehouse. However, the implementation of evidence management continues to face challenges, including a lack of police personnel on duty, inadequate facilities and infrastructure, and a lack of experts within the SAT TAHTI organizational structure.
PERLINDUNGAN HUKUM TERHADAP USAHA MIKRO, KECIL DAN MENENGAH (UMKM) MELALUI KERJASAMA KEMITRAAN DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Wa Ode, Zamrud; La Ode, Revanza Revikhasa
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1904

Abstract

The proposed research question is: What is the state of the legal regime for the protection of micro, small and medium-sized enterprises (SMEs) through partnership cooperation in the perspective of the law? What are the forms of partnership cooperation for micro, small and medium-sized enterprises (SMEs) in the perspective of Law No. 6 of 2023 on job creation? This research is part of the normative legal research typology. The research data were collected through document/library research and legal regulations, and then processed using a qualitative descriptive program. The results are presented in the form of conclusions and explanations. The analysis was carried out using a legislative and a legal approach. The results of this study showed that the legal provisions regarding the protection of SMEs are set out in laws and regulations, namely Law No. 20 of 2008 on SMEs, Law No. 6 of 2023 on Job Creation, and Government Regulation No. 7 of 2021 on Facilitating, Protecting and Strengthening Cooperatives and Micro, Small and Medium-sized Enterprises. The form of cooperation within SMEs is regulated in Law No. 6 of 2023 on Job Creation in Article 87, paragraph (5), namely the Core Plasma partnership model, subcontracting, franchising, general trade, distribution and agency, supply chain, profit sharing, operational cooperation, joint ventures and outsourcing. The form of partnership cooperation is also regulated in Article 106 of Government Regulation No. 7 of 2021. This study recommends that the form of legal protection for SMEs should be further developed, despite the fact that it is already regulated in the Employment Act and Regulation No. 7 of 2021, regarding the application for business licenses, the socialization of SME development and the imposition of sanctions on SMEs that have been proven to have committed fraud. The Employment Act provides many benefits to SMEs and stimulates economic growth, but the hope is that SMEs have qualified personnel to understand and apply the benefits of the law.
PERLINDUNGAN DAN PENEGAKKAN HUKUM BAGI PELAKU DAN KORBAN PERUNDUNGAN ( BULLYING) La Ode , Bunga Ali; Herdin, Herdin
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1905

Abstract

This study aims to examine how the law is enforced against perpetrators of bullying in Indonesia, and how legal protection is provided to both victims and perpetrators. The research uses a normative method with a statutory and restorative justice approach, especially concerning children as both offenders and victims. The results show that law enforcement is carried out in stages, from reporting and investigation to possible resolution through mediation or juvenile justice proceedings. Legal protection is provided under the Child Protection Law and the Witness and Victim Protection Law, which guarantee safety, identity confidentiality, psychological assistance, and rehabilitation. Bullying management should ideally be handled collaboratively among the police, psychologists, and educational institutions, using an approach that emphasizes recovery rather than retribution.
TINJAUAN YURIDIS TANGGUNG JAWAB HUKUM RUMAH SAKIT DALAM PENYELENGGARAAN REKAM MEDIS Nasrin, Nasrin; Al Amin, Naufal
Jurnal Ilmu Hukum Kanturuna Wolio Volume 6, Number 2, July 2025
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v6i2.1906

Abstract

This study aims to provide a clear and comprehensive overview of the procedures for maintaining medical records in accordance with applicable laws and regulations. This study is a normative juridical study using both legal and conceptual approaches. This study addresses the issue of hospital accountability in the event of errors in maintaining medical records and the provisions regarding the maintenance of medical records. Medical records are vital in the medical world, as a person's health history can be known and studied through them. The management of medical records includes the creation, maintenance, and destruction of medical record files, as regulated in the Minister of Health Regulation (Permenkes) Number 24 of 2022 concerning Medical Records

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