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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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KETERANGAN TERDAKWA SEBAGAI ALAT BUKTI OLEH HAKIM DALAM PERKARA KEALPAAN YANG MENGAKIBATKAN MATINYA ORANG LAIN DIJALAN RAYA Irhammudin
Legalita Vol 2 No 1 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This Research Is A Descriptive Type Of Empirical Legal Research. The Research Location Is The Kotabumi District Court. The Data Of This Study Include Primary Data And Secondary Data. Primary Data Is The Main Data In This Study. While Secondary Data Is Used To Support Primary Data. Data Collection Techniques Used Are Through Interviews And Library Research In The Form Of Books, Laws And Regulations, Archives, Documents And Others. The Data Analysis Used Qualitative Data Analysis With An Interactive Model. That The Role Of The Defendant's Statement As Evidence By The Kotabumi District Court Judge In Examining And Deciding Cases Of Negligence That Resulted In The Death Of Another Person On The Highway Is That The Defendant's Statement Is Only One Of The Legal Evidence In The Trial And Must Be Supported By Other Evidence With A Minimum Rule Of 2 Pieces Of Evidence, That The Evidence For The Defendant's Statement Is Not Evidence That Has A Binding And Decisive Nature, But Must Be Supported By Other Evidence. The Defendant's Statement Alone Is Not Sufficient To Prove His Guilt Even Though He Has Admitted His Actions, The Defendant's Statement Has Independent Evidentiary Power, Namely That The Judge Can Accept Or Remove It As Evidence By Stating The Reasons.
ANALISIS HUKUM MENJATUHKAN PIDANA PELAKU PERCOBAAN PEMERKOSAAN : Studi Putusan Nomor 247/Pid.B/ 2021/PN.Kbu M. Ruhly Kesuma Dinata
Legalita Vol 2 No 1 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This study discusses the analysis of the judge's decision in imposing the criminal on the perpetrator of attempted rape (study of decision number 247/pid.b/2021/pn.kbu). The data used in this study is secondary data which includes library materials such as: documents, scientific works, books, articles, legislation, and other official documents. Other data used consist of: primary data, secondary data. The results of the research that the author has carry out the issue of the crime of attempted rape, it can be withdrawnthe following conclusions: 1. Whereas, the peak of the dispute and argument between the Plaintiff and the Defendant occurred on August 25, 2019, because the Defendant invited the Plaintiff to move and live at his parents' house but the Plaintiff was not permitted by his parents. and lives at his parents' house and the Plaintiff also stays at his parents' residence; 2. Barriers to Judges in Imposing Criminal Decisions Against Perpetrators of Attempted Rape Case Number 247/Pid.B/2021/PN.Kbu.
PEMBENTUKAN ANGGARAN PENDAPATAN DAN BELANJA DESA (APBDes) DALAM PRESPEKTIF GOOD GOVERNANCE Indah Maulidiyah
Legalita Vol 2 No 2 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

The scope of structuring an absolute democratic system is an effort to involve various elements such as from the government administration, residents and business owners who are tasked with creating an absolute government. The sector that plays the main role in creating a constitutional order that makes the basic foundation for carrying out services provided by regional leaders and ranks in accordance with state authorities (Encik Muhammad Fauzan, 2017: 251). The village is an area where there are people who inhabit and live and whose rights are protected by law, there are certain coordinate points as a sign of boundaries between areas of legal community units. The duties and responsibilities of the village government authorities are to run the government on a foundation for and by the people. This is stated in the regulation in article 1 point 1 of Law Number 6 of 2014 concerning Villages. Meanwhile, the village (hamlet) is defined as the administrator of the state which involves the affairs of the people as the driving force for the wheels of government (Sirajudin and Winardi, 2016: 336)
IMPLEMTASI PERMA NOMOR 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP TERHADAP PELAKU PENCURIAN RINGAN Winda Yunita
Legalita Vol 2 No 2 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This study discusses the application of Perma No. 02 of 2012 concerning adjustments to the limits of minor crimes and the amount of fines in the Criminal Code against perpetrators of minor theft. The data collection technique is carried out by the author by means of: literature study, field study, and interviews. The results of this study: 1. The application of punishment to the perpetrators of the crime of minor theft in case Number 2/Pid.C/2020/PN Bbu, namely that in this case of minor crimes, the judge's decision is only recorded in the register, that is, it is enough in the book not to make a decision. separately and the verdict of the trial is carried out on the same day or time at the same time this is so that it does not take protracted time because this minor crime is fast so that cases go to court such as traffic violations cases, 2. Basis for judges' considerations Sentencing the perpetrators of the crime of minor theft in case Number 2/Pid.C/2020/PN Bbu, was based on juridical considerations, namely based on the indictment of the public prosecutor, witness statements, statements of the defendant, evidence, while the considerations made by the public prosecutor non-juridical, namely the background of the defendant and the religion or belief held by the defendant, the physical and mental condition of the defendant and the consequences of the defendant's actions.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN DALAM PRESPEKTIF KEARIFAN LOKAL Muhammad Ruhly Kesuma Dinata
Legalita Vol 2 No 2 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

public regulations that apply in Indonesia, standard regulations themselves are undeniably more present than the material of public regulations, for that reason what is the reason or for now the standard regulations in North Lampung are still in effect and with imaginable assumptions, what kind of standard discipline can be imposed on someone who has made a mistake and whether there are various standard powers to be recognized or even consequences to bear. the culprit is known by imposing standard discipline on criminal demonstrations and how it functions, whether in carrying out settlements according to standard regulations in force in the Abung Pekurun area, Abung Pekurun Local, North Lampung regulations. When a dispute occurs, it would be nice if a problem was discussed in a deliberation manner and not to cause a conflict between the two parties, in which one of these incidents someone has become a victim of the dispute, we are both civilized Lampung, we should take care of each other customs and culture and preserve what is in the Lampung community
TINDAK PIDANAPENYALAHGUNAAN DATA PRIBADI ORANG LAIN PADA PEMINJAMAN ONLINE Ibrahim Fikma Erdisy
Legalita Vol 2 No 2 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

Criminal Law policy Against the act of falsifying the personal identity of others when analyzed using Article 35 jo. Article 51 paragraph (1) UU ITE. Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions, there are elements that whoever commits an act of manipulation, creation, alteration, removal, destruction electronic information or electronic documents intentionally, whether against the law or not, can be sentenced to a maximum of 12 imprisonment and a maximum fine of 12,000,000,000 (twelve billion rupiah), for now there is no special regulation that regulates the criminal act of falsifying data in Indonesia. online loans therefore still use the applicable Positive Law.
PENCEGAHAN TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) Syahrullah
Legalita Vol 2 No 2 (2020): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This study discusses the efforts of the Lampung Regional Police in preventing criminal acts of trafficking in persons (trafficking law). Study on Ditreskrimsus Polda Lampung Optimal or professional law enforcement, especially regarding how to deal with it. Because prevention efforts are essentially an integral part of the welfare and protection of the community. Meanwhile, prevention efforts, whether criminal acts, are not easy or impossible to eliminate as imagined, whether it is protection of individuals, society or the state. As we know that the ultimate goal or main goal of criminal politics or policy is about the repetition of crimes. Based on the formulation of the problem discussed by the author, it can be concluded that: The efforts of the Lampung Police in preventing human trafficking are carried out through steps, namely pre-emptive efforts including conveying it to mosque congregations, assigning Bhabinkamtibmas and conducting legal counseling, While preventive efforts are carried out by patrolling, coordinating with kelurahan, RT/RW and religious leaders, deploying teams, establishing guard posts and conducting mapping, while repressive efforts are carried out by seeking information through investigations, undercovers and conducting operations. Suggestions that the author can convey based on the results of this research are: Lampung Regional Police members should often patrol this to prevent or narrow down criminal acts that occur in the community as well as be used as an approach to the community to find out the security situation and any complaints that occur in the community.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYELEWENGAN DANA DESA : Studi pada Polres Lampung Barat M. Ruhly Kesuma Dinata; Irhammudin
Legalita Vol 4 No 1 (2022): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

In accordance with Article 72 of Law 6 of 2014 concerning Rural Areas, village income sourced from the APBN or village funds comes from central spending by increasing the efficiency and equity of village programs. The amount of the budget allocation that is allocated directly to the village is set at 10%. the amount paid to the area (above). In addition, Law Number 6 of 2014 also strengthens the allocation of village funds (ADD) from district/city balancing funds. Given the enormous power of the village head in administering village government based on the Decree of the Government of the Republic of Indonesia Number 72 of 2005 Article 14, it is necessary to review and balance the administration of village governance. The agency authorized to supervise village heads on village household expenditures is the BPD. The role of the village council as the controlling body of the village government requires responsibility and ability in carrying out its duties. It is also clear that according to the Decree of the Government of the Republic of Indonesia Number 72 of 2005, the BPD is an institution that embodies democracy under the leadership of the village government as part of the village administration with the village head.
ANALISIS HUKUM TERHADAP KENDALA PENYALURAN DANA BANTUAN SOSIAL TUNAI (BST) KEPADA MASYARAKAT YANG TERDAMPAK COVID-19 DI INDONESIA Indrajaya; Dea Justicia Ardha
Legalita Vol 4 No 1 (2022): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

The spread of the coronavirus, the cause of which has not been determined, still thought by animals to be transmitted to humans. The World Health Organization (WHO) announced this corona virus as a pandemic with the percentage of people infected. In Indonesia, this pandemic has caused people to become consumptive and do panic buying. As a result, it affects almost all Indonesian people. The President also issued Regulations. governments substitutes. laws to reduce the impact of the covid-19 pandemic that occurred. The Perppu can be a legal basis to prevent the further spread of the coronavirus, helping people affected by the coronavirus both in terms of economy and financial stability. The solution provided by the government is in the form of basic food packages,.cash social.assistance (BST).and.direct.cash assistance (BLT).
UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA PENCURIAN MODUS GANJAL ANJUNGAN TUNAI MANDIRI (ATM): Studi Pada Polres Lampung Barat Ibrahim Fikma Edrisy; Sigit Saputra
Legalita Vol 4 No 1 (2022): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

One of the Bank's services is the launch of an ATM card (Automated Teller Machine). Literally ATM can be interpreted as an automatic cash register or often called an Automated Teller Machine which means an automatic cash register without a person, placed inside or outside the bank's yard that can issue cash and handle routine banking transactions, such as depositing, withdrawing money, transfer between accounts, settlement or payment of credit card bills. However, at this time many ATM facilities provided by the Bank have been misused by criminals to commit crimes, one of which is the wedge trick mode, this wedge trick is an ATM card entered by a customer who is inserted into this ATM can enter but will be difficult to get out. as if the ATM card was swallowed by the machine even though it was only stuck, this crime with the jamming mode can be classified as a criminal act of theft by violating the provisions of Article 363 of the Criminal Code. The problem approach in this study uses a normative approach, which is done by approaching the problem from a legal perspective, discussing and then reviewing books, statutory provisions and those related to the problems to be discussed. The results of the study concluded that efforts to overcome the crime of theft of the Automated Teller Machine (ATM) block mode by the West Lampung Police are through penal efforts (criminal law) and non-penal efforts (not / outside of criminal law), in addition to efforts made by the Police West Lampung in this response is carried out by increasing the activity of raids, patrols and guarding, but only when a crime occurs, does not involve the surrounding community and parties from the Bank and there is no cooperation with other parties and the West Lampung Police officers are inconsistent in carrying out operations/patrols. to prevent the most likely crime of theft by breaking into Automated Teller Machines (ATM). The inhibiting factors are internal factors and external factors, where internal factors include law enforcement itself. The imbalance of the rules used makes these crimes still increase from year to year. External factors include the lack of care and awareness from the public who do not report to the police. In addition to other inhibiting factors, namely the law that regulates it, law enforcement officers and legal culture factors.

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