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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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PERAN GEGANA KORPS BRIMOB POLRI DALAM PENANGGULANGAN TINDAK PIDANA TERORISME Wiridin, Darmawan; I Gede Arya, Arimbawa
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.v6i2.1907

Abstract

This study aims to determine the role of the Gegana Corps Brirnob Polri in countering terrorist crimes. To determine the standard operating procedures for countering terrorist crimes by Gegana Corps Brirnob Polri This study is a normative legal research using a statutory approach, a conceptual approach, a historical approach, and a philosophical approach. The results of this study conclude that the Role and Function of the Gegana Detachment of the Brimob Unit in Countering Terrorism Terrorist crimes are generally carried out by clandestine elements (underground networks) that are organized and specially trained. Security measures are carried out on team members before carrying out terrorist acts. Usually they are made into a cell system before carrying out the destruction of targets. Surveillance of terror targets is carried out by personnel who are specifically tasked as scouts. The crime of terrorism is regulated in Law Number 15 of 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism into Law (Terrorism Law).The Terrorism Law was enacted at the time due to a pressing need, namely a series of bombings in the Republic of Indonesia, such as the Bali bombing and the Marriott bombing in 2003. These incidents had caused widespread public fear, resulting in loss of life and property damage, thus negatively impacting Indonesia's social, economic, and political life, and international relations. These bombings are a common tactic used by terrorists in several countries.
TINJAUAN YURIDIS EKSISTENSI KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM KETATANEGARAAN INDONESIA Faharudin, Faharudin; Fitra Ramdhany, Setya
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.v6i2.1909

Abstract

The purpose of the research is to find out the Existence of the Indonesian National Police According to the Three Constitutions and Amendments to the 1945 Constitution. And to find out the Existence of the Indonesian National Police according to the Police Law. The type of research used by the author is normative legal research. The Primary Legal Material used is the 1945 Constitution. After the Amendment, the Decree of the People's Consultative Assembly of the Republic of Indonesia, Legislation related to the implementation of regional government on the Function of Regional Heads in the Implementation of Regional Government in accordance with the principles of Democracy. And in this case in the form of books, internet media, articles, and others. The existence of the Republic of Indonesia National Police (Polri) in the Indonesian state system is an important part of the dynamics of the relationship between executive power and law enforcement in a democratic state. After the 1998 reforms, the Polri was institutionally separated from the Indonesian National Armed Forces (TNI) and constitutionally directly under the President as Head of Government. This study aims to examine the position, function, and role of the Indonesian National Police (Polri) within the Indonesian constitutional structure based on the constitution, laws, and constitutional practices. Using a normative-juridical approach and qualitative analysis of laws and official documents, it was found that the Polri holds a strategic position in maintaining public security and order, enforcing the law, and protecting and serving the community. However, its existence also faces challenges in terms of accountability, oversight, and independence from political influence. Restructuring the role of the Indonesian National Police (Polri) within the framework of checks and balances and strengthening external oversight institutions is crucial to ensuring the rule of law and a healthy democracy. In conclusion, the existence of the Indonesian National Police (Polri) must continue to be directed towards strengthening professionalism and integrity so that it can effectively carry out its constitutional duties within the Indonesian constitutional system.
NETRALITAS KEPOLISIAN REPUBLIK INDONESIA PADA PEMILIHAN UMUM (PEMILU) La Ode Abdul, Hamid; Anugerah, Wahid
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.v6i2.1911

Abstract

This research is a type of normative juridical research using a statutory approach, a conceptual approach. This research was conducted to determine: 1) How is the neutrality of the Indonesian police in the election? 2) What are the obstacles to the neutrality of the Indonesian police in the election? The results of the research are that the neutrality of the Indonesian police reflects its ability to carry out state duties without siding with certain political interests. The Indonesian police have a crucial role in ensuring security, order, and justice during the election, including securing polling locations, enforcing the law against election violations, and providing a sense of security to the community. However, maintaining the neutrality of the Indonesian police is not an easy task. The Indonesian police are faced with various challenges, such as political pressure, intervention of political interests, and the need for political parties to maintain the neutrality of the Indonesian police. and threats to the security of its personnel. Nevertheless, the Indonesian National Police (Polri) has developed various strategies to address these challenges and maintain its neutrality during the election. A further problem is the continued involvement of the police in the election due to the political interests of certain groups.
TINJAUAN HUKUM TERHADAP PELAKSANAAN PENERAPAN SERTIPIKAT HAK ATAS TANAH SECARA ELEKTRONIK DI KABUPATEN MUNA BARAT: STUDI PADA KANTOR PERTANAHAN MUNA BARAT La Ode Muhammad, Muskur; L.M, Fatahillah As
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2031

Abstract

The objectives that the author wishes to achieve in this study are to how is the implementation of electronic cadastral certificates going at West Muna Land Office? What are the obstacles in the implementation of electronic cadastral certificates at West Muna Land Office? This research is part of the typology of empirical legal research. Research data were collected through document/library research and interview switch West Muna Land Agency Office and then processed using a qualitative descriptive program. The results are presented through conclusions and statements. The analysis was carried out using a legislative approach combined with a sociological approach. The results of this study have shown that the implementation of the application of electronic cadastral certificates at the National Land Agency in West Muna Regency should be implemented, taking into account the implementation of electronic cadastral certificates to make it practical, cost-effective and time. Efficient both for the land registry officials in West Muna and the community, especially West Muna, and to overcome problems related to the land sector such as duplicate certificates or to reduce corruption, collusion and nepotism. Weaknesses in the implementation of electronic cadastral certificates at the National Land Agency in West Muna Regency are Human Resources (HR) readiness, data validation not completed, land registry not completed, lack of existing facilities, Internet network not optimal, lack of socialization, geographical location of the area, mosh/ of the islands, reorientation/austerity.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN SEPASANG KEKASIH DI KOTA BAUBAU : STUDI PUTUSAN NO 325/PID.B/2014/PN.BAU La Ode , Ali Mustafa; Alfaj’ri
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2032

Abstract

This study examines a premeditated murder case committed by a couple in Baubau City, citing judgment number 325/Pid.B/2014/PN.Bau of the Baubau District Court. The phenomenon of premeditated murder is of particular importance because it demonstrates the highest degree of culpability in criminal law, with the element of premeditation constituting the primary distinction from ordinary murder. This study employed normative legal research methods with a legal and case-based approach, supported by primary data in the form of copies of court judgments and secondary data from criminal law literature. The results indicate that the judge correctly applied Article 340 of the Criminal Code in conjunction with Article 55, paragraph (1), point 1 of the Criminal Code in the ruling. The elements of the crime, from intent and planning to the involvement of each defendant, were legally and convincingly proven in court. The judge's considerations also reflect a balance between legal and non-legal aspects, by considering both aggravating factors (such as careful planning and the impact on the victim's family) and mitigating factors (the defendant's polite attitude and confession). This study emphasizes the importance of applying the principles of nullum crimen sine lege and nulla poena sine lege in criminal law enforcement. This ruling not only provides legal certainty and a deterrent effect for perpetrators, but also has an educational and preventive dimension for society, by reminding that serious crimes such as premeditated murder are punished severely under the law.
TINJAUAN YURIDIS MONEY POLITIK DALAM PENYELANGGARA PEMILIHAN KEPALA DAERAH KABUPATEN BUTON TAHUN 2024 : STUDI UNDANG-UNDANG NOMOR 10 TAHUN 2016 Faharudin, Faharudin; Muhamad, Fauzan
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2033

Abstract

The Regional Head Election (Pilkada) is an essential part of Indonesia's democratic system. However, in practice, money politics remains prevalent and undermines the principles of fair and honest elections. This research aims to examine the practice of money politics in the 2024 Regional Head Election in Buton Regency from a legal perspective, based on Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors. The research employs a normative juridical method using statutory and limited field study approaches. The findings indicate that money politics still occurs widely, in forms such as giving money or goods to voters, either directly or indirectly. Although Law Number 10 of 2016 explicitly prohibits money politics and stipulates sanctions, its implementation remains ineffective due to weak supervision, poor law enforcement, and the low legal awareness of the public. Strengthening law enforcement, providing political education to the public, and enhancing participatory oversight are necessary efforts to ensure that regional elections are conducted in a clean, honest, and integrity-based manner.
UPAYA PERLINDUNGAN HUKUM TERHADAP STATUS TANAH YANG MENJADI JALAN TANI TANPA AKTA IKRAR WAKAF: STUDI DI DESA WATUAMPARA KABUPATEN BUTON SELATAN Wa Ode, Zamrud; Hamdu Rizal Saputra
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2034

Abstract

The resolution of disputes over waqf (endowment) without a waqf declaration deed has significant legal implications, as regulated by Law No. 41 of 2004 on Waqf. Land endowed without a waqf declaration deed lacks clear legal force, which can lead to uncertainty regarding the status of the land and potential disputes in the future. This study examines the importance of the waqf declaration deed as valid evidence of the intention to endow property, as well as a requirement to ensure the validity and protection of rights over waqf land. The case in Watuampara Village serves as a real example of how unclear land status can lead to conflicts among interested parties. Preventive measures against disputes are crucial and should be conducted through socialization and education regarding the waqf declaration deed and the registration of waqf land. Additionally, dispute resolution can be carried out through non-litigation methods, such as deliberation, or through litigation if deliberation does not yield results. This study concludes that to avoid legal risks and potential disputes, it is essential for parties wishing to endow land to promptly execute a waqf declaration deed in accordance with applicable regulations.
ANALISIS YURIDIS KASUS TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANAGGOTA TNI AKTIF YANG MENDUDUKI JABATAN SIPIL La Ode , Bunga Ali; Muh, Juhad Saputra
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2035

Abstract

This research aims to provide a juridical analysis of corruption crimes committed by active members of the Indonesian National Armed Forces (TNI) who hold civilian positions. The primary focus is on the conflict of authority between Military Courts and the Corruption Eradication Commission (KPK) in enforcing the law against military personnel involved in corruption. Using a normative-juridical and conceptual approach, and employing literature review as the data collection method, this study examines relevant legal frameworks including Law Number 31 of 1997 on Military Courts and Law Number 31 of 1999 jo. Law Number 20 of 2001 on the Eradication of Corruption Crimes. The findings indicate that although active TNI members are subject to Military Courts, in the context of corruption committed while holding civilian office, the general court system—particularly the KPK—has the authority to prosecute such cases, based on the legal principle of lex specialis derogat legi generali. This study recommends harmonization of overlapping regulations to prevent normative conflicts in the prosecution of corruption cases involving active military personnel.
PERAN KEPOLISIAN DALAM UPAYA PENEGAKAN HUKUM TERHADAP PENIPUAN SECARA ONLINE Nasrin, Nasrin; Kifli
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2036

Abstract

The title of this research is The Role of the Police in Law Enforcement Efforts Against Online Fraud. This research aims to determine the role of the Police in law enforcement efforts against online fraud. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach, and a philosophical approach. The results of this research conclude that the police's efforts in enforcing criminal law against online fraud are first carried out through investigation, this investigation stage is the first stage carried out by investigators in investigating criminal acts and the most difficult stage in the investigation process, this is because investigators must be able to prove the crime that occurred and how and the causes of the crime in law enforcement. Factors inhibiting police law enforcement against online fraud include legal factors, infrastructure, law enforcement, operational costs and losses, and societal factors. Law enforcement officials, specifically the police, must be more innovative in addressing advances in technology and information. This is because, as technology and information advances, perpetrators are increasingly facilitated in committing crimes. This will facilitate their investigations and keep pace with the increasingly sophisticated rise in crime, particularly online fraud. The government, in particular, needs to strengthen existing laws and regulations to minimize and prevent crime.
PERMOHONAN EKSEKUSI NAFKAH ISTRI PASCA PERCERAIAN Taibu, Rachmat; Mastina
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2037

Abstract

The purpose of this study is to determine the application for the execution of wife's maintenance after divorce. To determine the inhibiting factors in the execution of wife's maintenance after divorce. This study adopts normative law research using normative case studies in the form of legal products, for example studying the Law. The main subject of the study is the law that is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. So that normative legal research focuses on the inventory of positive law. The method of collecting legal materials that will be used in this study is through library research. The data analysis used in this study is qualitative descriptive data analysis, namely data obtained after being systematically compiled, to then be analyzed qualitatively descriptively in the form of descriptions. The results of the study show that based on the implementation of the divorce decision, regarding the wife's maintenance after the divorce takes precedence over the pronouncement of the divorce vow, it is based on SEMA no. 1 of 2017.regarding the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as a Guideline for the Implementation of Duties for the Court which states that the payment of wife's maintenance after divorce is paid before the declaration of divorce. This is done to protect the rights of women who are divorced by their husbands and also to fill the legal vacuum in Indonesia. If within a period of 6 (six) months from the date of the determination of the declaration of divorce, the husband or his attorney does not carry out the declaration of divorce in front of the court, then the legal force of the determination is void, and divorce cannot be submitted again based on the same legal reasons (Article 70 paragraph (6) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). After the divorce vow is pronounced, the clerk is obliged to provide a Divorce Certificate as proof to both parties, no later than 7 (seven) days after the determination of the divorce vow (Article 84 paragraph (4) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). Inhibiting factors in the execution of the wife's nasfakah after divorce The absence of firm and clear rules for husbands who do not carry out the divorce vow, decisions that cannot be executed and the low level of legal awareness and legal knowledge in society.

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