Sovereign: International Journal of Law
Sovereign: International Journal of Law is a scientific publication published every January – March, April – June, July – September, and October – December. The published article is the result of selection with a double-blind review system. Sovereign: International Journal of Law accepts manuscripts in the form of empirical research results, doctrinal studies, conceptual ideas, and book reviews relevant to the Legal Studies Discipline. In addition, the Editor of Sovereign: International Journal of Law processes manuscripts that have never been published before.
Articles
27 Documents
Penegakan Hukum oleh Kepolisian Negara Republik Indonesia Terhadap Tindakan Diskresi
Daseng, Nur Shaleh Muslimin
Sovereign: International Journal of Law Vol 5 No 1-2 (2023): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i1-2.40
This study aims to analyze the extent of discretionary actions carried out by police investigators in law enforcement and the factors that influence it. The type of research used is normative legal research which is descriptive qualitative in nature. Data collection techniques used in this study were interviews and literature study. The data analysis technique used is quantitative data analysis techniques. The results showed that the implementation of discretionary actions by investigators was a series of investigative actions in accordance with Article 18 of Law Number 2 of 2002, and consider the benefits and risks that are really for the public interest. This provision is strengthened in Article 7 section (1) point j of Law Number 8 of 1981. The factors that affect the discretionary act of the Police investigators are the substance of the law factors; legal structure factors; as well as legal culture factors. Political law is expected to be implemented in the development of the legal system starting from the aspects of legal substance, legal structure and legal culture of society.
Pertanggungjawaban Pidana terhadap Penyalahgunaan Narkotika yang Dilakukan oleh Anak di Kota Makassar
Zulfauzi, Andi
Sovereign: International Journal of Law Vol 5 No 3-4 (2023): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i3-4.41
This study aims to determine the application of material criminal law as well as legal considerations of judges in making decisions against narcotics abuse by children in Decision Number 96/Pid.Sus-Anak/2017/PN.Mks. The type of research used is empirical legal research which is descriptive qualitative in nature. This research was conducted at the Makassar District Court. The data collection techniques used in this study were interviews, documentation, and literature study. The data analysis technique used is qualitative data analysis techniques. The results showed that the application of material criminal law carried out by the public prosecutor and the panel of judges in making decisions against narcotics abuse by children in Decision Number 96/Pid.Sus-Anak/2017/PN.Mks, basically it’s true. Children who commit crimes of narcotics abuse are expected to continue to receive legal protection in the judicial process for the best interests of the child. Furthermore, cooperation between law enforcement officers, government, social institutions, schools and especially parents is needed in order to prevent narcotics abuse from an early age so that children do not fall into actions that can harm themselves and even destroy their future.
Efektivitas Kekuatan Pembuktian Keterangan Anak sebagai Korban Kekerasan dalam Sistem Peradilan Pidana
Darma, Rama Eka
Sovereign: International Journal of Law Vol 5 No 3-4 (2023): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i3-4.42
This study aims to analyze the evidentiary strength of the statements of children in their position as witnesses to victims of violence, as well as the factors that influence the course of the trial. This research was conducted in Makassar City to be precise at the Makassar Police and Makassar District Court. Data collection techniques used in this study were interviews, documentation, and literature study. The data analysis technique used is qualitative data analysis techniques. The power of proof of testimony of children as victim witnesses is based on the evidentiary provisions in Law Number 8 of 1981. Children's statements cannot be used as evidence for valid witness testimony because they do not meet the formal requirements as evidence for witness testimony, because children are not sworn in so they are only used as evidence of clues based on the explanation in Article 171 of Law Number 8 of 1981. Therefore, evidence of clues cannot stand alone but must be supported by at least two other valid evidences. As for Article 171 of Law Number 8 of 1981 was apparently still defended in Bill Number 8 of 1981. It is better if these article must be reviewed so that the statements of child witnesses can become the main evidence, not only as evidence of clues.
Efektivitas Penegakan Hukum Terhadap Tindak Pidana Narkotika di Kepolisian Resor Sidrap
Soetarmi, Soetarmi
Sovereign: International Journal of Law Vol 5 No 3-4 (2023): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i3-4.43
This study aims to determine law enforcement against narcotics crime in Sidrap Regency, Sulawesi Province and the factors that influence it. The type of research used is empirical legal research with quantitative descriptive nature. This research was conducted in the jurisdiction of the Sidrap Police. The data collection techniques used in this research were questionnaires, documentation, and literature study. The data analysis technique used is quantitative data analysis techniques. The results showed that law enforcement against narcotics crime in Sidrap Regency is less effective because every year narcotics crime continues to increase. Factors affecting law enforcement against narcotics crime in Sidrap Regency include: Legal Substance Factors; Police Apparatus Resource Factors; Facility and Infrastructure Factors; and Public Legal Awareness Factors. The authorities are expected to be more proactive in law enforcement related to narcotics crime because narcotics crime is included in the Extra Ordinary Crime. Furthermore, community participation is needed in the eradication of narcotics crime, so that if there is abuse of narcotics in the vicinity, they can report to the competent authorities so that they can take action in accordance with applicable legal provisions.
Efektivitas Penegakan Hukum Terhadap Pelaku Tindak Pidana Korupsi di Kabupaten Bone
Tahril, Tahril
Sovereign: International Journal of Law Vol 5 No 3-4 (2023): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i3-4.44
This study aims to determine the law enforcement against corruption in Bone Regency, Sulawesi Province, and the factors that influence it. This type of research is empirical legal research with a quantitative descriptive in nature. This research was conducted within the Bone Police, Bone District Attorney, and Bone District Court. The data collection techniques used in this research were questionnaires, documentation, and literature study. The data analysis technique used is quantitative data analysis techniques. The results showed that law enforcement against perpetrators of corruption in Bone Regency is still not effective, this is because there are still several agencies that carry out investigations into criminal acts of corruption, such as police investigations, sometimes unable to prove their investigations. Factors that influence law enforcement against perpetrators of corruption in Bone Regency are factors of legal structure, factors of legal culture and factors of public legal awareness. Law enforcers are expected to submit corruption investigations to the Prosecutor's Office, because these institutions are very professional in handling corruption crimes.
Kutipan Risalah Lelang Eksekusi dalam Proses Peralihan Hak bagi Pemenang Lelang pada Kantor Pelayanan Kekayaan Negara dan Lelang Makassar
Purwoko, Agung
Sovereign: International Journal of Law Vol 5 No 3-4 (2023): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v5i3-4.45
This study aims to determine the process of implementing execution auctions, the issuance of Excerpts from the Auction Minutes, and the process of transferring rights to auctioned objects, as a form of legal protection for the Auction Winner carried out by the Makassar State Assets and Auction Service Office. The type of research used is empirical legal research with a quantitative descriptive approach. This research was conducted at the Makassar State Assets and Auction Service Office. Data collection techniques used in this study were questionnaires, documentation, and literature study. The data analysis technique used was quantitative data analysis. The results showed that the Makassar State Assets and Auction Service Office, in carrying out the auction and issuing the Excerpts from the Auction Minutes, has complied with the provisions of the applicable laws and regulations and has been running effectively. The implementation of auctions that have been carried out in accordance with the regulations cannot be canceled; this is a form of guarantee of legal certainty for all parties. It is expected that Sellers, Auction Officials, and Auction Buyers will be more careful, thorough, meticulous, and understand all regulations related to the implementation of auctions to avoid potential legal loopholes that may arise and could nullify the auction.
Pelaksanaan Fungsi Badan Permusyawaratan Desa di Kabupaten Barru: Analisis Faktor-Faktor yang Mempengaruhi
Hasan, Muddatsir;
Muzakkir, Abd. Kahar
Sovereign: International Journal of Law Vol 6 No 1-2 (2024): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v6i1-2.46
This research aims to examine the implementation of the Village Consultative Body’s functions in village governance within Barru Regency, as well as the factors influencing said implementation. Utilizing a quantitative descriptive approach, this empirical legal research was conducted in Barru Regency. Data were collected through questionnaires, documentation, and literature study. Quantitative data analysis techniques were used to analyze the research findings. The findings indicate that the implementation of the Village Consultative Body’s functions in village governance in Barru Regency, as mandated in Article 55 of Law Number 6 of 2014 jo. Article 31 of Ministerial Regulation Number 110 of 2016, has not yet been effectively executed. Several factors contribute to these shortcomings, including legal factors, legal culture, the adequacy of facilities and infrastructure, and the community factor. It is recommended that the Village Government implement capacity building programs for members of the Village Consultative Body, while simultaneously addressing these influencing factors. These steps are crucial to ensure the effective functioning of the Village Consultative Body in the administration of village governance in Barru Regency in the future.
Faktor-Faktor yang Mempengaruhi Efektivitas Penyidikan Pencurian Kendaraan Bermotor: Studi di Kepolisian Resor Bone
Akdar, Andi
Sovereign: International Journal of Law Vol 6 No 1-2 (2024): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v6i1-2.47
This study aims to examine the effectiveness of the investigation of the criminal offense of motor vehicle theft within the jurisdiction of the Bone Resort Police, as well as the factors that influence this effectiveness. Employing a quantitative descriptive approach, this empirical legal research was conducted at the Bone Resort Police. Data collection methods included questionnaires, documentation, and literature study. The collected data were analyzed using quantitative data analysis techniques. The research findings indicate that the effectiveness of the investigation of motor vehicle theft at the Bone Resort Police is influenced by several factors, namely: the law enforcement structure factor; the legal culture factor; the public legal awareness factor; and the facilities and infrastructure factor. Furthermore, it is assessed that these factors exert a significant influence on the investigation of motor vehicle theft at the Bone Resort Police. It is recommended that police investigators enhance their professionalism to further improve the execution of their duties and authorities in the future.
Penegakan Hukum Terhadap Tindak Pidana Narkotika di Kota Makassar: Efektivitas dan Faktor-Faktor yang Mempengaruhi
Rifaldi, Achmad;
Pawennei, Mulyati;
Husen, La Ode
Sovereign: International Journal of Law Vol 6 No 1-2 (2024): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v6i1-2.48
This research aims to identify and analyze the enforcement of laws against narcotics offenses in Makassar City, as well as the factors influencing such enforcement. The study employs empirical legal research methodology, primarily utilizing field research supported by collected data and interviews. The research was conducted in Makassar City. The findings indicate that law enforcement against narcotics and psychotropic offenses in Makassar City has not been fully effective. This is attributed to several influencing factors: the legal framework itself, law enforcement officials, facilities and infrastructure, the community, and cultural factors. Community awareness and support for law enforcement efforts in combating narcotics and psychotropic abuse are deemed necessary. Furthermore, improved alignment between prosecutorial demands and judicial verdicts is required, given that narcotics and psychotropic offenses pose a significant threat to society and jeopardize the future of the younger generation.
Peran Barang Bukti dalam Sistem Pembuktian pada Perkara Pidana: Studi di Polrestabes Makassar
Suherman, Asep Marsel;
Agis, Abdul
Sovereign: International Journal of Law Vol 6 No 1-2 (2024): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)
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DOI: 10.37276/sijl.v6i1-2.49
This research aims to identify and analyze the role of physical evidence within the evidentiary system for criminal cases at the Makassar City Police Headquarters, as well as the factors influencing said role. This study falls under the category of empirical legal research, emphasizing field research supported by data and interview results. The research was conducted in the city of Makassar. Research findings indicate that the role of physical evidence in the evidentiary system for criminal cases at the Makassar City Police Headquarters is crucial. Physical evidence is significant in complementing other recognized types of evidence, including witness testimony and the defendant’s statement. Furthermore, three factors associated with the role of physical evidence were identified: the legal substance factor, the legal structure factor, and the legal culture factor. Moreover, these factors were assessed as having a significantly positive influence on the evidentiary system for criminal cases at the Makassar City Police Headquarters. It is hoped that the role of physical evidence will be further strengthened, thereby enabling future improvements in the evidentiary system for criminal cases.