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Jurnal Legalitas

JL
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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 9 Documents

Search results for , issue "Vol 16, No 1 (2023)" : 9 Documents clear

Demanding Progressive Judges' Decisions for Fulfillment of Justice for Disputing Parties Wantu, Fence M; Puluhulawa, Irlan
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Basically, judges are the main actors organizing judicial power and at the same time as guardians of justice for litigants. Judge decisions that reflect law and justice simultaneously are not easy to realize. The objectives of this study are 1). To find out and analyze the development of progressive legal teachings through judges' decisions in court. 2). To find out and analyze the teachings of progressive law through judges' decisions and their influence on justice. The research method used is normative. The approaches taken are as follows: a). statute approach. b). Conceptual approach. c). Case approach. The sources of legal materials used consist of primary legal materials, secondary legal materials and tertiary legal materials. While the analysis used in this research is descriptive technique and comparative technique. The conclusions of this research are 1). The development of progressive legal teachings through judges' decisions in court is a must and cannot be negotiated anymore. 2). That the teachings of progressive law through judges' decisions and their influence on justice to answer the demands of the times today that judges' decisions are no longer only identical to the written legal rules contained in the law as taught by positivism, but judges' decisions are as much as possible able to provide welfare for the parties to the dispute and justice seekers and society in general.

The Politics of Criminal Law in Self-Defense in Indonesia: Regulatory And Enforcement Discourses Ahmadi, Cecep Ibnu; Ismail, Dian Ekawaty; Machmud, Andika W.
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

This article is a study of the legal politics of regulating self-defense actions in Indonesia as well as describing the practice of law enforcement against acts of self-defense. This article will be analyzed normatively using a statutory approach and case approach. The results of the analysis show that tha act of self-defense regulated in the Criminal Code as the basis of criminal law in Indonesia shows the principles of the rule of law, as well as being a form of protection for citizens in defending their lives, especially in situations of threats and crimes.Factually, there are actions from law enforcement not continuing the law enforcement process of self-defense actions as felt by Irfan and Rofiqi in Tangerang and by Amaq Shinta in lombok. However, there are still differences in the settlement and handling of cases rleated to acts of self-defense as experienced by ZL in Malang. This Actually shows that there is injustice because there is process that influences criminal policy so that it has an impact on not fulfilling a sense of justice for every citizen as one of the guarantees in a legal state like Indonesia.

The Application Of Distributor Responsibility In Transboundary Haze Pollution Cases In Riau Based On Distrubutive Justice And Ethics Indrasari, Febrina
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Forest and land fires not only cause losses to the country of origin where the fire occurred, but also have an impact on other countries in the form of transboundary smoke pollution. The occurrence of transboundary smoke pollution that causes disruption to the environment of other countries is an act that is contrary to the principles of international law, especially those governing international environmental law. This research examines the worst forest and land fires that occurred in Riau. This research uses a doctrinal approach with consideration of research targets in the form of laws and regulations by examining the accuracy of arrangements, relations between norms and testing the norm system. The research approach analyzes legal theory, jurisprudence, and legal philosophy, and does not avoid the use of certain facts as support in research analysis. In this approach, the author analyzes the distributor's responsibility in the case of transboundary haze pollution in Riau. The result is that the parties responsible in the case of transboundary air pollution or Transboundary Haze Pollution in addition to the polluter, namely palm oil companies in Riau, also involve the state, in this case the Indonesian government as the party authorized to grant licenses and supervise the business licenses that have been issued, as well as being responsible as a contributor, namely the state of Singapore because of its financing to companies that cause air pollution in Riau. As well as making financiers, namely banks, one of the distributors in cross-border pollution in accordance with the polluter pays principle, which is the main principle that the polluter must be the payer.

Judicial Power as a Material Content of The 1945 Constitution in The Perspective of its Development and Objectives Punu, Doni; Dilapanga, Ridwan; Daud, Tiara Namira Oktaviana
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

The power of the judiciary as one of the content materials in the written constitution of a legal state is inseparable from the conception of the trias politica. It is intended to ensure the independence of judges in shaping the law through their rulings as well as to prevent abuse of power. In this case, it is important to prove that the intention is in accordance with the substance of the judicial power in the content of the 1945 Constitution. On this basis, this study is limited to two subjects, namely about the extent to which the background of judicial power is the content material in the 1945 Constitution and the position of judicial power as content material in the 1945 Constitution. Both of these things will be analyzed normatively using a statutory approach and a historical approach. The final results of this study show that despite the change of government regime, the form of the state until the amendment of the 1945 Constitution, judicial power remained an important and fundamental content in the 1945 Constitution. One of the processes of legal formation can occur in the judiciary through judges' decisions, therefore the substance of the changes in the 1945 Constitution aims to strengthen the independence of judicial power as well as strengthen the principle of separation of powers mainly in the judicial power section as a form of checks and balances.

The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms? Matrutty, Ruth Gracia Imanuela; Saimima, Judy Marria
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

This article examines the death penalty provisions in the Draft Criminal Code (RKUHP), focusing on its regulation and application mechanisms. Using a normative juridical approach, the study provides a detailed analysis of the draft's stance on the death penalty. The RKUHP treats the death penalty as a special punishment, which can be alternatively imposed with life imprisonment or a maximum of 20 years in prison for crimes outlined in the Criminal Code and other specific laws. The research identifies a key issue: while the RKUHP aims to achieve various goals through punishment, the death penalty fails to meet some of these objectives, such as the social rehabilitation of convicts and the resolution of conflicts arising from criminal acts. The study suggests that imprisonment as an alternative to the death penalty has negative effects on convicts and proposes exploring other punitive alternatives. These alternatives should align with the goals of justice and rehabilitation outlined in the criminal law, offering solutions that do not harm the convict's prospects. This research highlights the need for a more effective and humane approach to punishment in the criminal justice system.

Legal Protection of Customary Law Communities Over Ulayat Land Forests Katjong, Revie Kurnia; Tuhumury, Harry; Roem, Anwar Moch; Sari, Liani
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

This study aims to analyze the concept of customary land customary law, as well as to examine the protection of indigenous peoples in a customary land forest. The type of research in this writing is a normative juridical research method. The approach used in this study is a Statute Approach and a case approach. The results showed customary forests, sometimes referred to as customary forests, are forests within the territory of customary law communities. To be designated as customary Forest, local customary law communities can apply to the Minister of Environment and Forestry. Customary Forests, before Indonesian law is, protected as the legal protection of customary land. This legal protection is a form of concrete action from the state in implementing the mandate of the Constitution of the Republic of Indonesia Constitution of 1945 contained in Article 18b. Moreover, in this case, the government has issued a decree of the Minister of Environment and Forestry to establish customary forest areas and the rights and obligations of Indigenous Peoples.

ILO And Legal Protection For Indonesian Migrant Workers (Study Case: Adelina) Nasrullah, Nasrullah; Farman, Logi; Pangestu, Rian Ade; Putra, Ardi Novasela
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Adelina's case indicates that there are still arbitrary actions experienced by indonesian workers in Malaysia. Adelina is an illegal migrant worker and was convicted of attempted murder by her employer in Malaysia. Adelina often received violent treatment from her employer until Adelina died. This research aims to find the facts of Adelina's case objectively so that it can be an evaluation of the applicable legal formulation. The legal research used is normative legal research, researchers put the law as a building system of norms. Doctrinal legal research in this study uses a regulatory approach, and research sources that are in accordance with the legal issues studied. The results found that the lack of prevention efforts by Indonesia and Malaysia against cases of smuggling of illegal workers resulted in trafficking in persons being the main factor in the occurrence of unlawful acts committed by employers against migrant workers.

Registration Nazhir To The Minister Of Religion Of Indonesia: A Perspective Review Of The Rules Of Islamic Law Luthfi, Muhammad; Fajrin, Yaris Adhial
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

The birth of the Waqf Law and the Waqf Implementation Regulations brought a new policy direction regarding the regulation of nazhir. Nazhir as an institution that plays a role in the process of productivity of waqf assets is required to be professional in carrying out their duties, therefore a new regulation is formed regarding the nazhir registered with the Ministry of Religion. Regulations for the implementation of waqf in several articles state the obligation to register nazhir, but the rules for these obligations are not accompanied by sanctions rules that allow punishment for those who do not implement these rules. This study discusses the policy of registering nazhir before and after the issuance of the Waqf Law and the policy of registering nazhir to the Minister of Religion from the perspective of the rules of Islamic law. This research is normative research, with a prescriptive discussion. The results of this study stated that the rules for registering nazhir before the issuance of the Waqf Law are contained in the Land Waqf Regulation and Presidential Instruction Number 1 of 1991, while the rules for registering nazhir after the birth of the Waqf Law are contained in Article 14 (1) of the Waqf Law. In terms of Islamic law, nazhir's registration rules to the Minister of Religious Affairs meet the elements of ijtihad through mashlahah mursalah and amr studies in ushuliyyah rules.

Illegality Of Income Tax Evasion In Edo State: Adopting An Automated Income Tax System As A Panacea Aidonojie, Paul Atagamen; Nwazi, Joseph; Ugiomo, Eruteya
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

In Nigeria, the governments are mandated to collect income tax from companies and individuals respectively. However, in Edo State, it has been observed that taxpayers often tend to evade their tax liability. Although, there are several provisions of the Personal Income Tax Act and judicial pronouncement prohibiting income tax evasion, however, income tax evasion in Edo State seem to be on the increase. It is in this regard, that this study tends to embark on a hybrid method of study concerning the causes of the current increase of income tax evasion in Edo State and proposing an automated income tax as a panacea. In this regard, 304 questionnaires were distributed to respondents resident in Edo State. Descriptive and analytical methods were adopted in analyzing the data obtained. The study, therefore, found that there are several causes of income tax evasion which include; inefficient and ineffective tax administration systems, corruption and inadequate information on the assets and income of the taxpayer. Furthermore, the study also found that the adoption of an automated income tax system could serve as a major solution to rectify the above identified challenges given its relevance and prospect, although, there are some challenges concerning an automated income tax system. It is, therefore, concluded and recommended that for there to be a level playing ground in further curtailing the incidence of income tax evasion in Edo State, there is a need to intensify the automated income tax system in curing some of the defects inherent in the system.

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Jufryanto Puluhulawa

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jurnallegalitas@ung.ac.id

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Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Jufryanto Puluhulawa

Contact Email jufryantopuluhulawa@ung.ac.id

Phone +6281343878760

Journal Mail Official jurnallegalitas@ung.ac.id

Editorial Address Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Jufryanto Puluhulawa

Contact Email
jufryantopuluhulawa@ung.ac.id

Phone
+6281343878760

Journal Mail Official
jurnallegalitas@ung.ac.id

Editorial Address
Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

INDONESIA