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Jufryanto Puluhulawa
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Law Science Department, Faculty of Law Universitas Negeri Gorontalo Jend. Sudirman street No. 6 Gorontalo City 96128, Gorontalo, Indonesia
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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 8 Documents
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Search results for , issue "Vol 16, No 2 (2023)" : 8 Documents clear
Urgency of Renewal of the Joint Ministerial Regulation on the Establishment of Houses of Worship: A Legal Analysis of the Status and Position Sumilat, Juliarto
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.20305

Abstract

This study discusses the urgency of renewing the Joint Regulation of the Minister of Religion Number 9 of 2006 and the Minister of Home Affairs Number 8 of 2006 related to the establishment of houses of worship. Researchers in studying the problem use normative legal research methods with a statute approach related to the legal issues being handled, namely examining PBM Numbers 9 and 8 of 2006. The author intends to legally analyze the status and position of the Joint Regulations of the Minister of Religion and the Minister Domestic Affairs is from the urgency aspect of its renewal. The author also uses a conceptual approach, which is intended to analyze existing legal material so that the meaning contained in legal terms can be known. The results of the study show that the importance of renewing the Joint Regulation of the Minister of Religion No. 9 of 2006 and Minister of Home Affairs No. 8 of 2006 to create legal certainty for regulatory products; there is an excess of authority in PBM and there are multiple interpretations in the regulation of religious matters. The existence of PBM gave way to the fulfillment and implementation of worship being taken over by the regions, even though Article 10 of the Law on Regional Government states that religious affairs are an absolute authority that may not be handed over to the regions.
Ius Constituendum Of Electronic Evidence Arrangement In Criminal Procedure Law Lasaka, Mustalim
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.20306

Abstract

This research examines the legal status of electronic evidence in criminal procedures in Indonesia, highlighting the absence of its regulation within the Criminal Procedure Code (KUHAP). Electronic evidence is regulated separately from KUHAP, creating a conflict with the negative wettelijk evidentiary system, which limits evidence to the five types specified in Article 184 of the Criminal Procedure Code. The study identifies a legal gap, as some criminal laws permit electronic evidence to stand alone, while others treat it as an extension of traditional evidence. This lack of uniformity leads to legal uncertainty and overlaps in its application. The research focuses on two main issues: the legal force of electronic evidence and its potential regulation within KUHAP. Using a normative approach, including statutory, conceptual, and comparative methods, the study concludes that electronic evidence is currently categorised as "evidence" but not as "proof" under KUHAP. To address this, the study recommends revising KUHAP to explicitly incorporate electronic evidence by addressing five key points: (1) defining electronic evidence; (2) identifying which electronic evidence is admissible; (3) establishing methods for collecting electronic evidence; (4) verifying its validity; and (5) outlining its use in the evidentiary process. These revisions would provide clearer legal guidelines and ensure the criminal justice system evolves in line with technological advancements.
Harmonizing the National Legal System Through the Formation of Ideal Legislation Marikar, Moh. Fahriyanto
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.19941

Abstract

The purpose of this research is to find out and analyze an ideal formation of legislation in accordance with the times and the ideals of the Indonesian state as stated in the 1945 Constitution. This research uses the type of research used, namely normative-empirical (applied), which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on any specific legal events that occur in society. Based on the results of the research, the researcher can conclude that a systemic approach to achieving legal harmonization can be carried out through several principles of approach, namely: analysis of the legal system as a whole, harmony and consistency between various legal regulations, consideration of legal impacts on society, and involvement of stakeholders in the harmonization process. Then, regarding harmonization in laws and regulations in Indonesia, in reality, there are still problems in the application of the hierarchy of laws and regulations. Such as the unclear position of the MPR Tap and Ministerial Regulations and also the position of existing Legislation in Article 7 and Article 8 of Law Number 12 of 2011 concerning the Formation of Legislation which is still confusing and not harmonious. Furthermore, to overcome the problems and juridical issues that exist in the Hierarchy of Legislation in Indonesia at this time the researcher modifies the Hierarchy of Indonesian Legislation as follows, the first order is filled by the 1945 Constitution of the Republic of Indonesia then the second order is filled by the Central Level Legislation, and the last is filled by regional level Legislation.
Socio-Legal Analysis Of The Utilization Of Letter Of Credit In International Business Transactions In Batam City Seroja, Triana Dewi; Shahrullah, Rina Shahriyani; Kurniawan, Jefri
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.19918

Abstract

The provisions governing the Letter of Credit (L/C) in the form of customs and practices commonly used in international trade are called the Uniform Customs and Practice for Commercial Documentary Credit (UCP), issued by the International Chamber of Commerce (ICC). This research aims to analyze the effectiveness issues of the letter of credit in international transactions in the banking sector using Soerjono Soekanto's Theory of Legal Effectiveness. The research adopts empirical legal research through a socio-legal approach. Primary data is obtained from in-depth interviews, while secondary data is collected from literature studies. All data are analyzed using qualitative methods. It has been found that the application of the Letter of Credit (L/C) in international transactions in the banking sector in Batam City is not effectively implemented based on legal factors, law enforcement factors, and societal factors. There are still obstacles and solutions needed for the creation of an effective Letter of Credit (L/C) in international transactions in the banking sector in Batam City
Discourse Of Electronic Evidence-Based Police Investigation In The Era Of Digital Transformation Famudin, Famudin
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.20901

Abstract

This study explores the integration of electronic evidence in criminal investigations within the Gorontalo Police Women and Children Protection Unit (PPA), examining the challenges and implementation in the digital era. The research uses an empirical legal approach, gathering primary data through interviews and secondary data from literature and legal texts. The study finds that while Indonesian laws—such as Law No. 02 of 2002 concerning the National Police, Law No. 8 of 1981 concerning Criminal Procedure Code (KUHAP), and Law No. 19 of 2016 concerning Electronic Information and Transactions—support the use of electronic evidence, the internal Standard Operating Procedures (SOPs) for investigating crimes based on digital data remain unclear. Primary challenges include inadequate SOPs, limited human resources, insufficient budgets, and a lack of necessary facilities and infrastructure. Furthermore, there is a high degree of sectoral ego, both within the community and among government agencies like the Office of Communication and Information, which complicates the coordination needed for effective electronic-based investigations. This study highlights the need for clearer guidelines and better resource allocation to fully leverage electronic evidence in criminal justice processes.
The Comparative Law Study: E-Commerce Regulation in Indonesia and Singapore Moha, Mohamad Rivaldi; Ahmad, Ahmad; Harun, Amanda Adelina; Elfikri, Nurul Fazri
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.20463

Abstract

Indonesia and Singapore were the founding members of an economic and geopolitical organization of countries in the Southeast Asian region called the Association of Southeast Asian Nations (ASEAN). ASEAN mandates each member country to create regulations and policies related to e-commerce transactions through the 1999 ASEAN Summit. This paper is a normative study and aims to analyse the development of e-commerce regulations in Indonesia and Singapore by utilizing comparative and statute approaches. The result of the study finds out that Singapore has designed its e-commerce master plan since 1998, meanwhile, Indonesia started to develop the master plan related to e-commerce a decade late than Singapore through the Acceleration and Expansion of Indonesian Economic Development program (MP3EI), which launched in 2011. Indonesia has regulated a few components related to e-commerce, but some are still partial and spread in a few regulations. This paper recommends governments unify all e-commerce components regulations into one act that can cover legal protection and become the basis of procedure regulation related to e-commerce in Indonesia. The usage of the Trustmark stamp and online registration procedure for the e-commerce activities required by Singapore can be enforced in Indonesia as a solution to problems that occur in e-commerce activity in Indonesia.
Human Rights and Justice: Marine Waste Management for Environmental Protection and Ecosystem Sustainability in Indonesia Cahyani, Ferina Ardhi; Jaya, Belardo Prasetya Mega; Wijaya, Dani
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.21158

Abstract

This article examines marine waste management in Indonesia, focusing on its impact on human rights, justice, and environmental sustainability. The accumulation of waste, particularly plastic, in Indonesia's vast maritime territory, has significant implications for human health, livelihoods, and the environment. As the country relies heavily on marine resources for food security and economic activity, pollution threatens the well-being of coastal communities, often exacerbating inequality and infringing on the right to a healthy environment. The research reveals that plastic waste is the most prevalent type found in Indonesian waters, highlighting the urgency of stronger regulatory enforcement. While Indonesia has regulations, such as Presidential Regulation No. 83 of 2018 concerning Marine Waste Management, their implementation remains insufficient. The study stresses the need for more robust policies addressing upstream and downstream waste management while ensuring accountability and equitable resource access. Effective enforcement requires collaboration between government agencies, private entities, and civil society, ensuring that vulnerable communities, especially those dependent on marine resources, are protected. Strengthening these efforts is crucial for the protection of marine ecosystems and advancing human rights and justice by safeguarding the right to a clean and healthy environment for all.
Criminal Responsibility for Children Who Perpetrate Serious Abuse to Achieve Justice In Society Maharani, Febrianika
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.21377

Abstract

This article is an analysis of cases of serious abuse by child perpetrators, which were analyzed normatively using a statutory approach. The results of the analysis show that the age limit for criminal responsibility for children who commit serious abuse cannot be the same because each child has a different development process which affects their maturity in thinking. If the child's age is used as the only basis for consideration in deciding a child's case, then children who are perpetrators of criminal acts who are not yet 12 (twelve) years old cannot be given any sanctions in the form of actions or criminal penalties and to children who are not yet 14 (fourteen) old. years can only be given sanctions in the form of action. It is feared that this will become a legal loophole so that cases of crimes by children will continue to occur. The best interests of the child must be fought for for the child's optimal growth and development, but justice for the community, especially for the victim, must also be achieved, especially if the victim is also a child who must receive protection. Forensic psychologists are needed to assess and provide an overview of the psychological condition of children who have suffered serious abuse. So, when deciding on children's cases, the judge will refer to 2 (two) things, namely the age limit for criminal responsibility for children and the results of forensic psychological examinations. There is a need for reformulation in Article 21 paragraph (1) and Article 69 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by adding the results of forensic psychological examinations as a basis for consideration in deciding juvenile cases.

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