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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 7 Documents
 1 
Search results for , issue "Vol 17, No 1 (2024)" : 7 Documents clear
Modelling the Development of Child Prisoners Based on Justice Wilsa, Wilsa; Rahmat, Diding; Mahmud, Izmi Izdiharuddin B Che Jamaludin
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.21928

Abstract

This study examines the importance of reconstructing the development model for child prisoners through justice-based diversion, focusing on how to better accommodate their right to quality education, as guaranteed by international resolutions, conventions, and Indonesia's 1945 Constitution. The research highlights the need for appropriate educational models that enable child prisoners to reintegrate into society as responsible, law-abiding citizens. Using a normative juridical approach, the study explores literature-based sources to propose a model incorporating formal and non-formal education to enhance the self-competence of child prisoners. The proposed educational model aims to equip children with skills and knowledge, ensuring they can reintegrate successfully into their families and communities after serving their sentences. By aligning educational approaches with the principles of justice, the model offers a pathway to reducing recidivism and improving the long-term prospects for child prisoners. The study emphasises the need for a comprehensive and child-centred development program that reflects the child's best interests and supports their rehabilitation. 
Revitalizing The Regeneration System Of Political Parties In Building Pancasila Democracy Luhukay, Roni Sulistyanto
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.24897

Abstract

Problems with recruitment and regeneration systems and patterns that are carried out instantly can contribute to the community's negative perception of political parties. Political parties are more likely to recruit ready-made cadres rather than cadres who have been raised and have experienced the process of party life from a difficult period to the achievement of the party's goals, resulting in recruitment patterns and patterns of Cadre of Political Party Members who are less loyal and competent. This study employs normative juridical research. This study discovered that the decline in the quality of political party regeneration is inextricably linked to political parties' unclear ideology, problematic political party funding, and democracy that has been hijacked from the start because political dowries are viewed as political investments that must eventually be paid for with policies that are not beneficial to certain groups as capital providers. The revitalization of the Political Party Cadre System had implications for the development of the democracy of Pancasila, which includes the development of the constitutional life order as well as all aspects of life, including the establishment of economic, social, political, cultural, defense, security, and legal systems. An adequate political party cadre system includes political parties with a clear ideology, state direction in politics, an obvious curriculum and cadre, trainers, guidelines, and, finally, a system for tracking and assessing progress. Aside from that, the implications of the cadre of members of the candidate pair have 4 (four) impacts in the cadre system: the first is that party cadres have sufficient competence to carry out their duties; the second has devotion while being a party cadre and a good track record while active in the political party; the third has achievements, dedication, discipline, loyalty, and irreproachable (PD2LT); and the fourth meets the provisions required by law. The novelty of this research lies in the quality of democracy which is only placed on the electoral candidate pair or the power of the candidate pair's political dowry to be able to buy the electorate, but the quality of democracy needs to be placed on the ideology of the political party, the state's direction in politics, clear curriculum and cadres, and trainers as such. So political parties are expected to represent society in making choices in line with the development of Pancasila democracy
Implications of Narcotics Crime Regulation in the National Criminal Code Against Narcotics Abusers Diani, Silvana; Puluhulawa, Fenty U.; Ismail, Dian Ekawaty; Handayani, Distya Putri
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.23490

Abstract

This article aims to determine and analyze the application of the law to drug abusers and addicts based on Law Number 5 of 2009 on Narcotics and Law Number 1 of 2023 on the Criminal Code. Furthermore, to know, analyze, and construct drug crime arrangements that ensure legal protection for drug abusers and addicts. This article is normative research with a statutory approach, a case approach, a historical approach, and a conceptual approach. The results show that first, the application of the law against drug abusers and addicts has many problems, especially in the implementation of the law on narcotics. This problem has implications for regulatory bias in some articles, such as in Articles 4 and 54, which cause differences in subjects who are obliged to undergo medical rehabilitation and social rehabilitation. Furthermore, there is a tendency to use Article 111 or Article 112 charged with Article 127 (if an alternative charge) or without Article 127 (if a single charge) against drug abusers and drug users. This trend illustrates that the approach used is criminal, even if it is towards drug users, not drug dealers. Furthermore, the regulation of drug crimes in the New Criminal Code basically does not eliminate these problems because the provisions maintained through the New Criminal Code are only copies of repealed articles and no longer apply to the law on narcotics. Second, criminal regulation that ensures legal protection for drug abusers and addicts can be realized by revising the law on narcotics, which focuses on subject consistency in Article 54, Article 55, and Article 103, changing the elements of Article 127 paragraph (3) and abolishing the Explanation to Article 54.
Fath al-Dzari'ah Solution for Determining the Status of Children from Secret Marriages Through the Constitutional Court Decision Nurjanah, Siti; Hermanto, Agus; Arif, M. Yasin al
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.24831

Abstract

Marriage in secret (nikah sirri), also known as clandestine marriage or unofficial marriage, will have implications on the status of the marriage, which is not considered valid according to the State. Meanwhile, an invalid marriage will also impact the illegitimacy of the child's status. In reality, the Constitutional Court changed this rule with a statement that the child still has biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and DNA testing. The question is, what is the status of children born from such clandestine marriages, and how does the Religious Court respond to this decision? This research aims to interpret the Constitutional Court's Decision on the validity of a child's status as biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and/or DNA testing. This research is a normative juridical study with a legal approach and case based on the Constitutional Court Decision regarding the status of children from clandestine marriages using the theory of fath al-dzari'ah. The research findings indicate that the Religious Court cannot reject trial requests regarding the status of children resulting from clandestine marriages, as long as it can be proven through advanced technology and/or attached DNA testing, even though the marriage status is considered invalid according to the State, as long as it is proven that the marriage is considered valid according to religion with evidence of a guardian and witnesses in the marriage.
New Paradigm in The Treatment of Cyberbullying Crimes Through an Integrated Cyberbullying Prevention: A Non-penal Policy in Indonesia Sufi Amalia, Cici Riski; Anggraini, Arista Ulfa; Rato, Dominikus; Setyawan, Fendi
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.24900

Abstract

Technological advancements have led to the emergence of new digital crimes, one of the most pressing being cyberbullying, which has become a significant issue requiring urgent attention. The impact of cyberbullying extends beyond physical and psychological harm to victims, necessitating a response that goes beyond mere prosecution or repressive measures. In Indonesia, existing legal provisions addressing cyberbullying are inadequate, leaving room for improvement in both legal frameworks and preventive strategies. This study aims to identify the gaps in Indonesian legislation concerning cyberbullying and propose integrated strategies for its prevention. Using a juridical-normative research approach, the study reveals that while cyberbullying is addressed in several existing laws and regulations, there is a lack of specific, explicit provisions that comprehensively define the crime's elements. As a result, the legal framework remains insufficient to effectively combat cyberbullying. To address this, the research advocates for an integrated approach to cyberbullying prevention that combines technological solutions with educational initiatives. This includes enhancing parental control features on smartphones and computer applications to block harmful content and promoting community awareness through education, counselling, and public campaigns. Additionally, the establishment of a dedicated cybercrime division by the Indonesian National Police is recommended to improve the enforcement and prosecution of cyberbullying offences.
Diagnosis Of Nickel Industry Downstreaming Policy In Export Restriction Towards Increasing Economic Added Value In Indonesia Farawansa, Syukron Mahal; Gultom, Elfrida Ratnawati
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.19688

Abstract

The phrase “control nickel, control the world” is often used when discussing Indonesia's critical role in the global nickel market. In January 2020, President Jokowi's administration temporarily banned nickel ore exports, as outlined in the Minister of Energy and Mineral Resources Regulation Number 11 of 2019. This study aims to diagnose whether the downstream policy of the nickel mining industry can provide an increase in economic added value in Indonesia The type of research used by the author is normative legal research. Results, The export ban is not intended to hamper trade, but to utilize nickel resources for the country's prosperity through the domestic processing chain. The nickel ore export ban is intended to meet the raw material needs of Indonesian smelters. The ban policy cannot be delayed because mineral resources, especially nickel, are exhausted and non-renewable. With the enactment of Minister of Energy and Mineral Resources Regulation No. 11/2019, there are contradictions in its implementation, especially for foreign investors. This is because the selling price of nickel from Indonesia will automatically be higher than before. However, the implementation of this regulation will not only affect the pace of investment in Indonesia. The Indonesian government has also opened the possibility by offering ease of licensing as mentioned above. Currently, Indonesia needs funds for the construction of smelters (refineries), the construction of its power plants which are the main drivers of nickel processing machines, as well as the training of experts and human resources to do nickel processing properly. Of course, you need a lot of money. In order to accelerate the economy and development, the government has the right to mandate all Indonesian mining companies to prohibit the processing of mining products and the export of raw materials, boost international market prices and boost foreign exchange through increased mining. take action. New renewable energy of the future.
Legal and Socioeconomic Issues Concerning the Nigeria Higher Institution Loan Act 2023 Aidonojie, Paul Atagamen; Obieshi, Eregbuonye; Inagbor, Michael; Ogbemudia, Ottah
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.23143

Abstract

The Nigeria Higher Institution Loan Act of 2023 serves as a pivotal framework for addressing financial accessibility to higher education. The Act's objectives center on providing interest-free loans to students for tuition fees and ensuring access to education for all Nigerians. However, despite the relevance of the Nigeria Higher Institution Loan Act of 2023 in addressing educational financial challenges, there seem to be legal and socioeconomic challenges generated by the said law. It is in this regard that this study adopts a hybrid method of study in examining the legal and socioeconomic issues inherent in the Nigeria Higher Institution Loan Act of 2023. Concerning this, 303 questionnaire were sent to respondents residing in Nigeria. A descriptive and analytical method was adopted in analyzing the result. The study found that the Act focused on ensuring loans reach those with genuine financial needs, but inadvertently excluded certain groups, raising questions of fairness. The requirement of guarantors, each meeting specific qualifications, adds another legal dimension to the Act and raises socioeconomic issues surrounding the accessibility of suitable guarantors. Furthermore, the Act underscores the importance of responsible loan management but also highlights the potential harshness of penalties, especially for economically disadvantaged borrowers. It was therefore concluded and recommended that the Higher Institution Loan Act of Nigeria brings together legal and socioeconomic elements, striving to provide financial accessibility to higher education while maintaining accountability. Evaluating and addressing these complex legal and socioeconomic issues is vital to ensure the Act fulfills its intended purpose of promoting equitable access to education for all Nigerians.

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