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Wahab Aznul Hidaya
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INDONESIA
Journal of Law Justice
Published by Universitas Muhammadiyah Sorong
ISSN : -     EISSN : 3025972X     DOI : DOI: https://doi.org/10.33506/jlj
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 49 Documents
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Criminological Analysis of Child Victims of Exploitation as Drug Couriers in Sorong City Nur Prasetya Ningsih
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.2801

Abstract

Indonesia adalah negara dengan populasi anak muda terbanyak yang dihadapkan pada tantangan kriminologis narkoba yang menjadikan anak korban eksploitasi kurir narkotika yang kian meningkat. Dengan ini penulis menggunakan penelitian yuridis empiris, penelitian tersebut dapat menggali upaya dalam menanggulangi tindak kejahatan anak kurir narkotika dan mengidentifikasi faktor-faktor penyebabnya kejahatan perederaan narkoba yang melibatkan anak sebagai kurir narkotika. Anak merupakan aset negara yang seharusnya dapat diperantunggjawabkan negara dalam memenuhi pendidikan sehingga tidak dapat ditelantarkan dengan kehidupan yang berkaitan dengan kriminologis sebagaimana amat dalam Pasal 34 ayat 2 sisdiknas menyatakan, Pemerintah dan Pemerintah Daerah menjamin terselenggaranya wajib belajar pada jenjang pendidikan dasar tanpa memungut biaya. Dengan demikian anak dapat dijauhkan dari kriminologis sebagai korban kurir narkotika. Kemudian upaya dalam menanggulangi kejahatan anak kurir narkotika, maka dalam menanggulangi kejahatan anak, orang tua dapat meningkatkan pengawasan  terhadap anak dalam lingkungan keluarga, mendidik dan membimbing serta melindungi anak dari berupa kriminologis sebagaimana Pasal 2 ayat (1) Undang-Undang Nomor 4 Tahun 1979 tentang Kesejahteraan Anak mengatur bahwa “Hak anak atas kesejahteraan, perawatan, asuhan dan bimbingan berdasrkan kasih sayang baik dalam keluarganya maupun di dalam asuhan khusus untuk tumbuh dan berkembang dengan wajar”. Kemudian faktor-faktor terjadinya perederaan narkotika yang melibatkan anak kurir narkotika, hal-hal yang mempengaruhi terjadinya perederaan narkotika akibatnya seorang anak dapat secara bebas dalam melakukan pergaulan  tanpa batas yang berkaitan faktor keluarga, faktor pendidikan, faktor lingkungan, faktor medsos dan faktor ekonomi yang tidak berseragam pada anak. Dengan demikian perlu adanya kerjasama penegak hukum dan orang tua dalam menyikapi kriminlogis anak korban ekspoilitasi korban kurir narkotika sehingga anak dapat hidup tentram dan jauh dari gangguan kriminologis narkoba.
Village Fund Management for Clean Water Provision in Warmon Village Community, Bamus Bama District Maikel Yeblo; A. Sakti R. S. Rakia; Masrifatun Mahmudah; Muhammad Asri; Wakano Abd Kadir
Journal of Law Justice (JLJ) Vol 2 No 1 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i1.2832

Abstract

The type of research used in this study uses one type of approach, namely a normative juridical approach.  This research was conducted in Warmon Village, Bamus Bama District, Tambrauw Regency. The type of data that researchers obtain is descriptive data. The analysis technique is carried out continuously starting with reviewing all available data from various sources, namely interviews, observations that have been made in field notes, documents and so on until the conclusion is drawn. The results of this study indicate that the implementation of village fund management related to the implementation of the Clean Water Supply program by the Warmon Village government, Bamus Bama District, Tambrauw Regency is in accordance with the Village Fund management law. What are the obstacles in managing village funds for the provision of clean water to the people of Warmon Village, Bamus Bama District, Tambrauw Regency. The evaluation stage is not carried out in the Kubu Kandang Village Government. Lack of understanding of the Village Government regarding the cycle or drilling well system to produce clean water. Lack of community participation in maintaining the cleanliness of the well environment What efforts are made in the management of village funds for the provision of clean water to the people of Warmon Village, Bamus Bama District, Tambrauw Regency. The efforts made by the Village Government in improving the quality of clean water services in Warmon Village are as follows. Establish good cooperation between the Village Government and Community Institutions. Periodic monitoring/control of clean water facilities. Increase community participation.
Restorative Justice Approach in Dealing with Crimes at Police Level (A Study at Polresta and Polres Sorong) Buinei, Gerson Sem; Hidaya, Wahab Aznul; Mursid, A. Faqih
Journal of Law Justice (JLJ) Vol 2 No 1 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i1.3250

Abstract

In knowing and explaining the application of the Restorative Justice Approach in resolving criminal offences at the police level, it is essential to know and explain the influencing factors in overcoming criminal acts using this approach. Then the method used in this study is a sociological juridical approach. It identifies and conceptualizes law as a natural and functional social institution in a real-life system. Indonesian peoples have long practised the concept of a case settlement approach through restorative justice, such as in Papua, Bali, Toraja, Minangkabau, and other traditional communities that still hold their culture. In the event of a criminal offence by a person (including unlawful acts committed by children), the dispute is resolved internally in the customary community without involving state officials. The obligation to apply restorative justice approaches in the diversion process is not just a desirable approach but a requirement that has legal consequences if not complied with by law enforcement. It shows the importance of ensuring that efforts to resolve children's cases involve approaches that prioritize restorative justice to achieve more holistic justice and support the development of children in conflict with the law.
Implementation of Complete Systematic Land Registration (PTSL) at the Land Office Sorong Regency Fatma, Erlin Kurnia; Kristi W. Simanjuntak
Journal of Law Justice (JLJ) Vol 2 No 1 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i1.3286

Abstract

This research aims to determine the stages of implementation of Complete Systematic Land Registration (PTSL) at the Sorong Regency Land Office regarding PTSL in 2022, which will be conducted in the Salawati District, Rawasugi Village. Apart from that, it is also to find out the obstacles faced by the Sorong Regency Land Office in implementing the program. This research was conducted using empirical methods, such as interviews with the PTSL Adjudication Committee and studying PTSL documents, and then analyzed using the qualitative description method. The findings obtained from this research are that the Complete Systematic Land Registration (PTSL) in 2022, which will be conducted in Rawasugi Village, will be conducted in several stages, namely the planning and determination; preparation; formation and determination of the PTSL adjudication committee; counseling; a collection of physical and juridical data; researching juridical data; announcements; granting rights; bookkeeping; publishing; submitting results and reporting stages. Even though the PTSL in Rawasugi Village has been completed 100%, its implementation still has several obstacles, such as limited Human Resources, difficulties in implementing the principle of delimitation contradictions, unclear customary territory boundaries, unavailability of high-resolution image maps, and customs duties. The Acquisition Duty of Rights on Land and Building is payable.
The Role of Indigenous Community Paralegals in Providing Legal Aid Case Study of Sorong Regency Hulihulis, Mustafa; Naim, Sokhib; Hasriyanti, Hasriyanti; Mustamar Keliobas; Kariadi, Kariadi
Journal of Law Justice (JLJ) Vol 2 No 1 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i1.3298

Abstract

Indonesia as a state of law is faced with the challenge of providing legal protection to indigenous peoples, who are often marginalized and vulnerable to rights violations. Using an empirical juridical research method, this study explores the role of paralegals in providing legal aid and identifies the obstacles faced. Paralegals, despite not having a formal legal education background, play a key role in providing access to justice to communities in need. They act as a liaison between advocates and the poor, especially in rural or remote areas that are difficult to reach by advocates. The legal aid program, as mandated by Law No. 16/2011, gives legitimacy to the role of paralegals in providing access to justice. However, the implementation of the paralegal role is not without obstacles. These include limited access to legal training, lack of understanding of the role of paralegals in the community, and challenges in gaining access to justice for the communities they serve. Nevertheless, the existence of paralegals is crucial in providing access to justice for underprivileged or marginalized communities. This study concludes that strengthening the role of paralegals in providing legal aid is a concrete step in supporting access to justice for the poor or marginalized. Efforts are needed to increase understanding and knowledge of the role of paralegals and strengthen cooperation between paralegals, advocates, and other legal aid institutions. Thus, paralegals can be more effective in carrying out their duties in providing access to justice for all levels of society, especially those in need.
Implementation of the Delimitation Contradiction Principle in Land Registration Activities at the South Sorong District Land Office Widiyastuti, Dewi
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3304

Abstract

This research aims to find out how the implementation of the Delimitation Contradiction Principle in the process of Land Registration process in the Land Office of South Sorong Regency and to know the legal consequences if the Delimitation Contradiction Principle is not applied in Land Registration. This research was conducted using empirical method by conducting interviews with employees of the Land Office of South Sorong Regency and conducting literature studies, namely books, and conducting literature studies, journals laws, regulations and land documents at the South Sorong District Land Office. The findings obtained from this research include: Principle contradictory delimitation principle is principle in the land registration process, especially at the time of measurement, where the owner of owner of the adjacent land must witness and directly agree on the boundaries of the land parcel to be registered and measured. Disagreement over land parcel boundaries results in the land registration process being hampered. Process becomes obstructed. In addition, every field boundary demarcation must be attended by the landowner and the adjacent landowners. must be attended by the landowner and the adjacent landowners. However, there are times when the party whose land is adjacent cannot be present because they are living outside the city or even abroad.
Crime of Sexual Violence Against Children (Study at Kebumen Police Station) Setiyawan, Deni; Noor Rahmad
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3311

Abstract

In Indonesia, cases of sexual violence have increased every year, the victims are not only adults but now have spread to teenagers, children and even toddlers. The purpose of this research focuses on identifying and analysing the obstacles faced by investigators and the efforts made by investigators in revealing cases of sexual violence against children. This research uses empirical methods through interview data and field observations, then conceptually analysed to find obstacles and efforts of investigators in overcoming cases of sexual violence in children. The results of the study found that the main obstacle for investigators in uncovering criminal acts of sexual violence against children is the lack of information from children who experience sexual violence due to trauma. The absence of a psychologist in the investigating team, difficulties in bringing in a psychologist when a case of child abuse occurs. Efforts made by Kebumen Police investigators are to call a psychologist when there is a case of sexual violence against a child. Efforts to provide assistance by psychologists, and traumatic recovery for children who experience sexual violence. It is hoped that the Kebumen police will have a field of psychology experts who specialise in handling child sexual abuse crimes in Kebumen.
Implementation of Ticket Sanctions for Traffic Violations Based on Law No. 22 of 2009 at the Sorong City Police Traffic Unit Massa, Ferderika; Wan Norhasniah
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3313

Abstract

Traffic violations are one type of offense that is included in certain criminal offenses. In the context of Indonesian law, every offense, whether it is a crime or a violation, must be processed in accordance with the applicable laws. However, there are still many students and people who commit violations such as driving without a driver's license, STNK, violating red lights, and not wearing a helmet. Although the police are responsible for traffic order, often the settlement of violations is not in accordance with the provisions of the law, even settled on the spot by unscrupulous law enforcement officers. Traffic law should create order and freedom for society, by combining the freedom of road users with order. This research aims to explore the application of ticket sanctions against traffic violations based on Law No. 22 of 2009 concerning Road Traffic and Transportation at the Sorong City Police Traffic Unit. The research method used is empirical juridical with descriptive analysis approach. The results showed that the application of ticket sanctions against traffic violations includes various types of sanctions in accordance with the violations committed, such as principal and additional punishment. The application of ticket sanctions is carried out through various stages, including written legal action using ticket stamps. In addition, the research also revealed that minors who commit traffic offenses are enforced with special considerations, taking into account the truth, justice, and welfare of the child. This research underscores the importance of road traffic and transportation in supporting national development and integration, as well as the need to develop its potential and role in realizing traffic safety and order.
Dowry Giving in the Customary Marriage of Kofalit Village, Salkma District, South Sorong Regency Harun Salfle; Rajab Lestaluhu; Muharuddin Muharuddin
Journal of Law Justice (JLJ) Vol 2 No 1 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i1.3314

Abstract

Marriage is a significant part of human life that involves various traditions and rituals that are passed down from generation to generation. In Indonesia, the people of Kofalit Village, Salkma District, South Sorong Regency, Papua, have a traditional marriage tradition that is rich in rituals and processions. This research uses a sociological juridical approach to understand more deeply the tradition of marriage and the process of giving dowry in Kofalit Village. This process involves various stages, from matchmaking to the implementation of the marriage ceremony. The payment of dowry, as one of the important aspects of traditional marriage, involves traditional treasures such as timor cloth, bracelets, beads and Portuguese machetes. This tradition demonstrates the customary values upheld by the people of Kofalit Village, marking the seriousness and commitment of the marriage bond. Thus, this research provides an in-depth insight into how customary marriage traditions are practiced and how the process of giving dowry is carried out in the Kofalit community.
Settlement of the Malamoi Community Customary Land Dispute in Sorong Regency: A Review of Legal and Social Aspects Benhur Raubert Putirulan; Kristi Warista Simanjuntak; Paul Przemysław Polański
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3344

Abstract

The resolution of land disputes in Sorong Regency, West Papua, highlights the complexity of issues involving the Malamoi indigenous community and other parties. This research uses an empirical approach to understand the dispute resolution process and the obstacles faced. The results showed that the settlement was conducted through out-of-court peaceful channels, known as Alternative Dispute Resolution (ADR), such as mediation and deliberation. Although court institutions exist, the ADR approach is more in line with the values and needs of indigenous peoples, who tend to prioritize harmonization and quick resolution. However, there are internal and external barriers, such as emotional temperament and third-party interference, which affect the resolution process. Overcoming these obstacles requires awareness of the importance of deliberation in dispute resolution, as well as the active role of all parties. Land dispute resolution in Sorong Regency requires an inclusive and adaptive approach, combining formal institutions and alternative methods to achieve broader justice for all parties involved.

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