Jurnal Legisia
Legisia is an open access journal affiliated with Sunan Giri University Surabaya and published by the Faculty of Law and social sciences, Sunan Giri University Surabaya in a printed version, for the first time in 2010. This journal aims to serve as a forum for legal practitioners and researchers who want to share and contribute ideas -their ideas in legal studies which include: Criminal Law; Civil law; Constitutional law; Administrative law; International law; Islamic law; Law and Society; Economics and Business Law; Environmental law; Medical Law; and analysis of legislation. Published twice a year in January and July. Articles published in Legisia will go through a double blind peer review process, and will be decided by the Editorial Board based on peer review recommendations
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64 Documents
<![CDATA[PERAN JAKSA PENUNTUT UMUM DALAM PROSES DIVERSI TERHADAP ANAK BERHADAPAN DENGAN HUKUM (Studi Kasus No. 8/Pid.Sus-Anak/2015/PN.Sda) ]]>
<![CDATA[Wanda Meidina Akhmad]]>;
<![CDATA[Haniyah Haniyah]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 1 (2023): Januari ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i1.258
<![CDATA[Prosecutors are Functional officials who are authorized by the Act to conduct prosecutions. In the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, that at every level of diversion is sought for diversion, the concept of diversion is the transfer of the settlement of children's cases from the criminal justice process to processes outside the criminal justice system. The application of the concept of diversion has an influence on the role of the prosecutor in performing and carrying out his duties. Attorney General Regulation No. 006/A/J.A/2015 on diversion guidelines at the prosecution level requires law enforcement officials, especially the Public Prosecutor, to handle children's cases using a restorative justice approach and seeking d iversion. Similarly kasus No. 8/Pid.Sus-Anak/2015/PN. Natural resources need to carry out a diversion process, the purpose of this study is to make the public understand more, about diversion of cases of children facing the law, because so far there are many cases of children facing the law, who do not use diversion in solving children's cases. The research methods used by normative juridical and empirical approaches, based on the results of research at the Sidoarjo District Attorney's Office regarding the diversion process are not fully in accordance with the provisions of the law, but have attached importance to the principle of best interests for children.]]>
<![CDATA[ANALISA KONFLIK DUALISME KEPENGURUSAN KLUB SEPAK BOLA AREMA : (Berdasarkan Undang-Undang No: 28 Tahun 2004 Tentang Yayasan) ]]>
<![CDATA[Hakam, Abdul]]>;
<![CDATA[Haniyah, Haniyah]]>;
<![CDATA[Ahmad Fandik, Rio]]>;
<![CDATA[HANIYA]]>
<![CDATA[ JURNAL LEGISIA Vol 13 No 2 (2021): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v13i2.170
<![CDATA[The emerging football dualism inevitably triggered divisions in football in Indonesia. The consistency and loyalty of Indonesian fans, began to be divided with the emergence of two clubs with the same name but were in different competitions over this issue due to the Responsibility of the Foundation Management for the Transfer of Shares Based on Law No. 40 of 2007 concerning Arema Limited Liability Companies (PT) to the Public. The research method used is a normative research method with a statutory approach (Statute Aprouch) as a result of research, The conflict between the dualism of the Arema football club can be resolved by bringing together the two management of the Arema FC club which is in Liga 1 and Arema Indonesia which is in League 3 with the Arema Foundation as the owner of all Arema club assets. The coaching that is recognized is the name of the Coach which is in line with the updated data of the Ministry of Law and Human Rights]]>
<![CDATA[KEARIFAN LOKAL DALAM PEMBANGUNAN HUKUM MEWUJUDKAN GOOD GOVERMENT ]]>
<![CDATA[Winarno, Ronny]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.261
<![CDATA[The law reflects the culture of society. Every society always produces culture, so the law always exists in society and appears with its distinctiveness. Community culture is part of local wisdom that reflects character, noble values, rules, order as a reflection of living law, hereditary has & been recognized by the wider community. Its perspective, concept and simplicity can be a source of law to realize good governance. Legal development, not only preparing normative or regulatory aspects, but also the role of legal development in realizing good governance. The results showed that in some regions there are still commendable actions such as corruption, hampering the good governance process.]]>
<![CDATA[ANALISA YURIDIS EFEKTIFITAS REHABILITASI BAGI PENYALAHGUNA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[Purnomo, Juwita Sari]]>;
<![CDATA[Fauzi Yulianis, M Syifa]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.304
<![CDATA[Rehabilitation is a way provided by the government to be able to provide more life opportunities for narcotics abusers. Rehabilitation itself is restoration to the previous (original) position (state, good name), or Rehabilitation can also be interpreted as repairing disabled limbs and so on for individuals (eg hospital patients, disaster victims) so that they become useful human beings and have a place in society, or rehabilitation itself is a process of recovering someone who has a serious illness so that that person is in good physical and psychological condition. Rehabilitation is regulated in Law Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika, that in Indonesia a person who abuses Narcotics is still given the same rights as other people as long as he has carried out a sentence, both imprisonment and rehabilitation. The government has played an active role in carrying out rehabilitation efforts for narcotics abusers. The government must have standards with a pattern of cooperation so that rehabilitation becomes one of the effective efforts in the attack against narcotics.]]>
<![CDATA[METODE PENAFSIRAN HUKUM SEBAGAI ALAT MENCARI KEADILAN HAKIKI ]]>
<![CDATA[Hasibuan, H. A. Lawali]]>;
<![CDATA[Nst, Alvin Hamzah]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.351
<![CDATA[ The method of legal interpretation has a crucial role in seeking ultimate justice in the legal system. True justice is an essential principle in maintaining a balance between legal norms and moral values and community justice. This paper discusses how the method of legal interpretation serves as a tool to achieve ultimate justice. The method of legal interpretation is an analytical approach used by legal experts to understande and apply legal norms to concrete situations. Legal interpretations can be diverse, such as textual, historical, systematic, and teleological, each of which has its own focus on reading and applying law. In the context of seeking ultimate justice, these methods must be used holistically and in a balanced manner]]>
<![CDATA[UPAYA PENERTIBAN LALU LINTAS MELALUI SISTEM ELECTRONIC TRAFFIC LAW ENFORCEMENT DENGAN PENGAWASAN CCTV DI KOTA SURABAYA PUSAT ]]>
<![CDATA[Ayoma Sakti, Harlu Aza]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.326
<![CDATA[Many road users are disorderly, resulting in many traffic violations until due to road accidents, the government has tried to develop technology in traffic safety and road transportation by implementing the E-TLE system through CCTV traffic surveillance cameras, which are installed at certain points of the road, the purpose of this study is to determine the constraints of the electronic ticketing system (E-TLE) using CCTV surveillance cameras Traffic in trying to control motorists, including the obstacles faced by officers in implementing an electronic ticketing system (E-TLE), this study is an empirical research with a socio-legal approach on the implementation of the E-TLE system through CCTV Traffic Surveillance in an effort to regulate road users in Central Surabaya City and discusses the problem of how obstacles faced by the police in implementing the e-TLE system through CCTV traffic monitoring in an effort regulate road users in the city of Surabaya The results of research on the obstacles felt by the police in implementing E-TLE, including smooth supervision from minimal officers and minor abuse]]>
<![CDATA[TINJAUAN HUKUM DAN NORMA SOSIAL PERJANJIAN PEMBERIAN UPAH ATAS PERAWATAN IBU KANDUNG ]]>
<![CDATA[Aji, Moh. Waskito]]>;
<![CDATA[Ihya', Rachmat]]>;
<![CDATA[Sadikin, Ali]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.357
<![CDATA[An agreement to receive wages from the work of caring for elderly biological parents is an unusual agreement. Because it is considered uncivilized. Rule of civil law, agreement cannot be made haphazardly. Must meet several conditions. So the purpose of writing this thesis is to find answers regarding how to review Article 1320 of the civil code and the perspective of social norms regarding the agreement to pay for the care of biological parents. This research is an empirical normative research using a qualitative approach. In the discussion, caring for biological parents who are elderly is an obligation that must be carried out by their offspring. It doesn’t matter when they rich or poor. Because the true child is to be devoted to parent. The results of this study states that the agreement made by Sarmi with his siblings was null and void because the agreement did not fulfill one of the terms of the agreement, it’s term is a halal cause. And according to social norms in Rembang, the agreement was not in accordance with the norms in that area. Abstrak: Perjanjian untuk memperoleh upah dari hasil pekerjaan merawat orang tua kandung yang telah lansia merupakan suatu perjanjian yang tidak lazim. Karena hal itu dianggap tidak beradab. Pengaturan hukum perdata, perjanjian tidak bisa dilakukan secara asal. Harus memenuhi beberapa syarat. Jadi tujuan penulisan skripsi ini adalah untuk menemukan jawaban bagaimana tinjauan pasal 1320 KUH Perdata dan perspektif norma sosial tentang perjanjian untuk mendapat upah dari mengasuhan orang tua kandung. Penelitian ini merupakan penelitian normative empiris dengan metode pendekatan kualitatif. Dalam pembahasannya,merawat orang tua kandung yang sudah lansia merupakan kewajiban dari anak yang ia lahirkan. Tidak peduli mereka kaya atau miskin. Karena sejatinya anak harus berbakti kepada orang tuanya. Hasil dari penelitian ini menyatakan bahwa perjanjian yang dilakukan oleh Sarmi dan saudara-saudaranya adalah batal demi hukum karena tidak memenuhi salah satu syarat perjanjian yaitu perjanjian harus berasal dari sebab yang halal. Dan perspektif norma sosial di Kabupaten Rembang juga menilai bahwa hal itu tidak sesuai dengan norma sosial yang berlaku di tersebut.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ISTRI ATAS KEKERASAN DALAM RUMAH TANGGA (Studi Kasus Putusan Pengadilan Negeri Sidoarjo Nomor 920/Pid.Sus/2021/PN.Sda) ]]>
<![CDATA[Sucianto, Haris]]>;
<![CDATA[Bangsu, Mohammad]]>;
<![CDATA[Qudussalam, Abdul]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.360
<![CDATA[The PKDRT Law is to provide punishment for perpetrators of domestic violence and provide a deterrent and remorseful effect so that it is hoped that it will reduce and prevent cases of domestic violence. The purpose of this research is to look at criminal protection efforts against other parties for domestic violence and to investigate criminal obligations of husbands who commit domestic violence against their wives and to study cases at the Sidoarjo District Court No.920/Pid.Sus/2021/ PN. Sda. This study uses a normative review approach and empirical methods. the prison's primary basis for these comments is the election of court No. 920/Pid.Sus/2021/PN.Sda, the statistical analysis strategy in this assessment is carried out normatively, especially contrary to court decisions or the jurisprudence. . Based on the effects of this research, it can be concluded that crime protection against various parties who oppose domestic violence consists of making recommendations to eliminate domestic violence, organizing oral exchanges, statistics and faculty on domestic violence, maintaining outreach or outreach and advocacy for domestic violence. Then the criminal charge against the husband of the perpetrator of domestic violence against his wife saw the case in the Sidoarjo District Court No. 920/Pid.Sus/2021/PN.Sda, the Panel of Judges of the Sadoarjo District Court considers that shortcut Retno Rudi Santoso was found guilty legally and convincingly of committing a crime of violence within the family sphere so that the person concerned was sentenced to imprisonment for 10 (ten) years. The judge's decision is considered less than optimal because it only gives 10 years in prison, even though the persecution committed by the suspect led to the death of the victim, it can be concluded that the judge in deciding the case is not optimal because if it refers to Article 44 of the PKDRT Law paragraph (3) the perpetrator can be charged with a maximum criminal sentence of 15 years and a fine of Rp. 45,000,000 so that the perpetrator feels deterrent and can be a lesson for husbands not to commit acts of PKDRT.]]>
<![CDATA[TINJAUAN YURIDIS PEMAIN JUDI ONLINE DI WILAYAH SIDOARJO ]]>
<![CDATA[Apriyanto, Reditya]]>;
<![CDATA[Haniyah, Haniyah]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.363
<![CDATA[The development of information technology has made a significant contribution to the improvement of welfare, the advancement of human civilization, and progress in various fields. On the other hand, information tech-nology can also be effectively used as a means to facilitate illegal activities, such as online gambling. This re-search aims to identify the factors causing online gambling in the Sidoarjo region and to understand the pre-ventive efforts and the application of criminal sanctions against online gambling players in that area. This re-search adopts a non-doctrinal legal approach with socio-legal approach. The data sources used are both sec-ondary and primary. Secondary data is obtained from books, journal articles, and relevant theses. Primary da-ta is acquired through informants from the Sidoarjo Police Department. Data collection techniques involve in-terviews and observations. Data analysis is conducted using descriptive analytical approach and employs em-pirical concepts to explain the legal prevention mechanisms against online gambling. The research findings indicate that the causes of online gambling in the Sidoarjo region are attributed to factors lack of faith and devotion to God, economic difficulties, and cultural habits. Preventive measures and law enforcement against online gambling players in the Sidoarjo region include collaboration with the Ministry of Information and Electronics to block websites involved in online gambling. Prevention is also conducted through educating the public about the negative effects of electronic media on psychological well-being and behavior. Law enforce-ment is based on Article 27 Paragraph (2) of Law Number 11 of 2008 concerning electronic information and transactions.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN PADA ANAK DITINJAU DARI UNDANG-UNDANG NO. 35 TAHUN 2014 TENTANG PERLINDUNGAN TERHADAP ANAK DI PEKANBARU ]]>
<![CDATA[Arianti, Novia Sukma]]>;
<![CDATA[Arafat, Zain Alwi]]>
<![CDATA[ JURNAL LEGISIA Vol 15 No 2 (2023): Juli ]]>
Publisher : <![CDATA[Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya ]]>
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DOI: 10.58350/leg.v15i2.364
<![CDATA[Children are descendants that Allah SWT has entrusted to us to be cared for and protected, because in them there are rights, dignity and human dignity that must be upheld. Children are weak and helpless creatures who need love and attention. However, in practice in society, there are not a few children who do not get the proper attention from their families and surroundings. Along with the times, the state through the government has made various efforts to provide the best for children. Violence against children continues to occur. In Indonesia, in particular, various cases of violence against children have appeared in various regions. A surprising fact is that a child in Malang was splashed with hot water by his own mother. The reason is quite trivial, the child often defecates anywhere and makes the mother angry. At the end of October 2022, the public was shocked by the tragic incident in Pekanbaru because a biological mother and stepfather tortured and lit a 10-year-old boy's genitals with cigarettes.]]>
