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INDONESIA
Jurnal Legalitas
Published by Universitas Negeri Gorontalo
ISSN : 19795955     EISSN : 27466094     DOI : 10.33756
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Legalitas adalah peer review journal yang dikhususkan untuk mempublikasikan hasil penelitian mahasiswa Fakultas Hukum baik penelitian mandiri maupun penelitian yang berkolaborasi dengan dosen, terbit setiap bulan April dan Oktober. Jurnal Legalitas menerima artikel dalam lingkup hukum, ilmu hukum dan kajian isu kebijakan lainnya yang berfokus pada pengembangan dan pembangunan Ilmu Hukum di Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 15, No 1 (2022)" : 6 Documents clear
Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law Siagian, Ottow Wijanarto Tiop Ganda Pura
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (513.523 KB) | DOI: 10.33756/jelta.v15i1.14162

Abstract

The purpose of this study is to examine the settlement mechanism of Cyber Harassment experienced by public figures considering that in this disruptive era of technology, more and more cases like this have emerged. The research approach method used is the statute approach and the case approach. The results of the study are that the settlement of cyber harassment disputes against public figures can be resolved through litigation and non-litigation mechanisms. It is possible to settle through this litigation route, even though in substance the legal regulations regarding cyber harassment have not been described concretely in positive law in Indonesia, departing from the understanding that there is an IUS principle. novit curia. The legal consequence, of course, is that judges are prohibited from objecting, let alone refusing a case submitted by the community and having the obligation to examine and try and give legal decisions on these legal issues. The next option apart from litigation is the non-litigation route. The author concludes that in resolving Cyber Harassment disputes against public figures if you choose a non-litigation route to be resolved, an alternative form of dispute resolution that can be used and is considered more suitable as a media for dispute resolution is mediation. Suggestion, To the Indonesian people in general and public figures in particular, must be brave to fight for their rights and make complaints or reports to the authorities so that losses arising from violations of their constitutional rights can be recovered and the state through its power tools can guarantee legal protection to victims at the same time providing a deterrent effect to the perpetrators to realize order and security in the life of society, nation, and state.
Application Of The Principle Of Equality Before The Law To Law Enforcement For The Realization Of Justice In Society Purwadi, Wira; Djafar, Mohamad Ali Akbar; Densi, Gilang Fatirah; Tumiwa, Anika Zaitun; Langkamane, Arum Salsabila Yieputri
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.481 KB) | DOI: 10.33756/jelta.v15i1.14772

Abstract

The consequences of the state of the law following the constitution mandate require that the application of law enforcement should be carried out somewhat based on equality before the law. The purpose of this study is to analyze how the principle of equality before the law applies to law enforcement for the realization of justice in society and to analyze the factors that hinder the realization of justice in applying the principle of equality before the law to law enforcement. This research uses normative legal research methods or library research. The results showed that applying the principle of equality before the law in law enforcement has not achieved the justice felt by the community. In terms of legal substance, legal structure, and legal culture
The Phenomenon Of Increasing Division During The Covid-19 Pandemic At Gorontalo Religious Court Kamba, Sri Nanang Meiske
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (459.477 KB) | DOI: 10.33756/jelta.v15i1.14800

Abstract

The rate of divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court has increased significantly compared to talak cases submitted to husbands to their wives. The problems in this study are 1) What are the factors causing the increase in divorce during the Covid 19 pandemic? Moreover, 2) What are the legal consequences of increasing divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court. The purpose of this study was to identify the causes of the increase in divorce lawsuits at the Gorontalo Religious Court during the Covid-19 pandemic. The type of approach used in this research is the legislation (Statute Approach) and the case approach (Cases Approach). Methods of collecting data using Library Research and analysis with legal interpretation. The results showed that the factors causing the increase in divorce cases during the COVID-19 pandemic in the Religious Courts were due to economic factors, continuous quarrels, third parties, and domestic violence. The issue of divorce in Law Number 1 of 1974 in principle adheres to the principle of complicated divorce as regulated in Article 39 paragraph 1. Furthermore, based on Article 114 of the Compilation of Islamic Law ("KHI"), the termination of the marriage bond due to divorce can be caused by divorce from the husband or a lawsuit from the wife. This divorce gives rise to legal consequences caused by a lawsuit, among others; (a) strained relationships between family members; (b) child care; and (c) the distribution of joint property
Sociology Of Law And The Effectivity Of Asean To Prevent Human Security Issues In The Region Seroja, Triana Dewi; Silviani, Ninne Zahara
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (33.864 KB) | DOI: 10.33756/jelta.v15i1.15349

Abstract

Currently there are no indicators that can measure the effectiveness of the role of ASEAN in Southeast Asia, especially those related to human security issues in the safety of labor and migrants' mobilization. However, ASEAN still working through any possibilities of cooperation to prevent any threats that would endanger the personal securities of ASEAN community. This paper will further analyze the human security issues in Southeast Asia starting with conceptualizing, identifying, and engaging to find how is the effectivity of ASEAN in charge of prevent human security issues from sociology of law perspective with normative-juridical methodology combined with perspective of international relation approach. Based on the findings in conceptual and data, this research will show the problems that have been handled and have not been done by ASEAN institutionally. In addition to showing the relevance of the establishment of ASEAN Political-Security Community (APSC) 2015 as an affirmation for all ASEAN member countries to respond to institutional human security issues especially in the mobilization of labor and migrants.
Deconstruction of Bapemperda's Functions in Improving the Effectiveness of Establishing Regional Regulations Podungge, Abdul Wahab; Hunawa, Robby; Paramata, Adhayani Mentari; Nuna, Muten
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (472.51 KB) | DOI: 10.33756/jelta.v15i1.12242

Abstract

This article aims to analyze the function of Bapemperda in increasing the effectiveness of the formation of Regional Regulations in the Bone Bolango Regency. The Regional Regulations Formation Agency (Bapemperda) of the Bone Bolango DPRD is one of the council's equipments for forming regional regulations. The type of research used in this article is empirical normative, which combines a normative legal approach with the addition of various elements of empirical studies. The results show that the implications of political intervention sometimes affect the issues and local regulations issued and do not represent the community's interests but are dominated by political interests. Ideally, local regulations must be responsive and meet usual policy standards that at the implementation level can be used and can answer problems that develop in the community. Human resources have an essential role in an organization, such as the rapid development of information technology, globalization, and changes in the world of positions and work, and are tied to the existing system. Members of Bapemperda and local governments play a role in forming regional regulations and other policy designs. To increase the effectiveness of the formation of Regional Regulations, it is necessary to have a relationship between human resources and the objectives that apply to Bapemperda itself. The researcher then offers a prototype product called CIS-Approach, a development concept from the results of the research and data analysis of the previous authors, which is expected to be a consideration for the government in formulating regional regulatory policies. CIS-Approach indicators are: 1) human resources with the system; 2) human resources with the issue; 3) human resources with regulations.
Legal Studies Regarding Pornography On Live Streaming Through Social Media In The Era Of Digital Disruption Tanaya, Farra Shalma; Rompis, Adrian E.; Rafianti, Laina
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.1 KB) | DOI: 10.33756/jelta.v15i1.13920

Abstract

Technology in human life lately is increasingly needed and continues to develop. One form of development that occurs is the emergence of the Live Streaming feature. This feature appears on various social media platforms. There are even new applications that are intended to do Live Broadcasting—unfortunately, not only positive things that emerged due to this development. There have been several cybercrimes (cyber laws) that have negatively influenced internet users. Among them is the emergence of internet pornography. There is much Live Streaming that contains pornography in Live Broadcasting applications. The approach method used in this research is normative juridical, by examining the literature and reviewing positive law, which relates to the Law of Technology, Information and Electronic Transactions, and the Law of Pornography. This research will study the most appropriate way to regulate how Live Streaming containing pornography is viewed from Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE act) and Law Number 44 of 2008 concerning Pornography (Pornography act) and actions that the Government can take to minimize pornographic content on Live Streaming on social media in Indonesia.

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