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Jurnal Hukum Legalita
Published by Universitas Muhammadiyah Kotabumi
ISSN : 14122480     EISSN : 27767248     DOI : https://doi.org/10.47637/legalita.v1i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Legalita (Legalita) (P-ISSN: 1412-2480 and E-ISSN: 2776-7248) is a journal that published since 2019 by the Department of Law in collaboration with LPPM, Muhammadiyah University Kotabumi. Legalita is intended to be the university’s journal for publishing articles reporting the results of the fields of criminal law, civil law, constitutional law, state administrative law, as well as discussing social phenomena that exist in society and building a culture of law awareness from the results of research. In addition, Legalita also includes a lot of research on law in a broader sense. The journal is published regularly (in July and December), and approved and ready-to-publish manuscripts will also be regularly published on the website (with an initial view). Journal Copyright Copyright of all journal manuscripts is held by the Journal Edukasi Lingua Sastra. Formal legal provisions to access digital articles of electronic journal are subject to the provision of the Creative Commons Attribution-NonCommercial 4.0 International License (CC-BY), which means that the Journal Edukasi Lingua Sastra is rightful to keep, transfer media/format, manage in the form of databases, maintain, and publish articles. Published manuscripts both printed and electronic are open access for educational, research, and library purposes. Additionally, the editorial board is not responsible for any violations of copyright law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 123 Documents
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Penyelesaian Sengketa Jasa Konstruksi Melalui Jalur Non-Litigasi Ummah, Maela Khoirul; Afriansyah Tanjung; Moh. Lubsi Tuqo Romadhan
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2083

Abstract

This study examines the mechanisms for resolving construction service disputes through non-litigation channels as an alternative to court proceedings. The focus of the study is on out-of-court settlements that offer a voluntary, informal, cost-effective, and time-efficient approach, making them the preferred choice for disputing parties. The research questions include: first, what are the mechanisms and procedures for resolving construction service disputes through non-litigation channels; second, what are the comparative advantages of non-litigation dispute resolution compared to the court process. This study uses a normative juridical method, relying on secondary data as the primary source, analyzed descriptively and analytically through an approach based on relevant laws and regulations in the construction services sector. The results of the study show that non-litigation channels are highly preferred among construction industry players due to the significant advantages they offer. These advantages include: a fast and efficient resolution process that does not hinder construction projects; confidentiality guarantees that protect the parties' reputations; the appointment of mediators or arbitrators with integrity and technical expertise in construction; as well as the potential to achieve a win-win solution that maintains long-term business relationships among the parties. These findings confirm that non-litigation mechanisms such as negotiation, mediation, conciliation, and arbitration provide practical added value in resolving construction disputes compared to conventional litigation processes, which tend to be time-consuming, costly, and adversarial.
Kajian Politik Hukum Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 Tentang Pemisahan Pemilihan Umum Nasional dan Lokal Suryana, Eka Pala; Kartika, Adhitya Widya; Fikri, Abdullah
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2094

Abstract

The Constitutional Court Decision Number 135/PUU-XXII/2024 ruled the separation of national and local elections, with the Court’s considerations emphasizing that previous electoral practices had led to excessive workloads for election organizers, political party pragmatism, the marginalization of regional development issues, institutional fatigue and casualties, as well as voter fatigue and a decline in the quality of popular sovereignty. This study examines the legal politics underlying the Constitutional Court’s decision and its juridical implications by employing both a case approach, which analyzes legal disputes in the electoral law domain, and a conceptual approach, which explores the transformation of electoral concepts. The findings demonstrate that the legal politics of Decision Number 135/PUU-XXII/2024 aim to enhance the quality of democracy, since democratic elections play a vital role in safeguarding state integrity, establishing representative institutions, and ensuring effective governance, all of which must be conducted in accordance with the general principles of democracy. Furthermore, the juridical impact of the decision highlights the urgency of strategic measures in electoral governance, particularly the need for immediate legislative revisions of the Electoral Law to guarantee voter accessibility, consolidate political parties, and rationalize the workload of election organizers, thereby providing a clear operational legal basis for the transitional period.
Interpretasi Makna Walad dan Implikasinya terhadap Hukum Kewarisan Anak Perempuan dalam Perspektif Putusan Pengadilan Agama Fitri, Al
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2107

Abstract

This study examines the interpretation of the meaning of walad and its implications for the inheritance status of girls from the perspective of Religious Court decisions. The term walad in the Qur'an and Islamic jurisprudence is often understood generally as 'child', but there are differences in interpretation among scholars regarding the scope of its meaning, whether it includes only boys or also girls. This difference in understanding has implications for the distribution of inheritance rights, particularly in the context of equality between boys and girls. This study uses a qualitative approach with normative legal research methods through a study of tafsir literature, classical fiqh books, and an analysis of several relevant Religious Court decisions. The results show that some Religious Court decisions interpret walad inclusively, namely to include both boys and girls, in line with the principles of justice and protection of rights in contemporary Islamic law. The implication of this interpretation is the strengthening of the legal position of girls as legitimate heirs and entitled to receive a share in accordance with the provisions of the Qur'an. This study emphasizes the importance of contextualizing the meaning of walad in religious court practice to align with the values ​​of gender justice and the development of modern Islamic law.

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