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Jufryanto Puluhulawa
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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 2 (2024)" : 7 Documents clear
A Juridical Review of the Building Use Rights Certificate on Land Based on Ownership Claims According to Eigendom Verponding (A Study of Decision Number 227/Pdt.G/2020/Pn Mks) Bidasari, Anindya; Tuto, Maria Paulina Petrisia
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.27543

Abstract

Eigendom Verponding is the ownership of land that existed during the Dutch period. The former western land must be converted so that it can be converted into a type of land right based on the UUPA. One of the disputes in the Eigendom Verponding case is contained in Decision Number 227/Pdt.G/2020/PN Mks, where the land object of the dispute is a piece of land with evidence of Eigendom Verponding on land and buildings covering an area of 5000m². The purpose of this study is to find out the settlement of HGB disputes over land based on property claims according to Eigendom Verponding and to find out the judge's considerations in deciding HGB certificate cases on land based on Eigendom Verponding's property claims. This study uses a type of normative juridical research method using the Case Approach and Laws and Regulations. The results of this writing, it was found that the land dispute that occurred between the plaintiff and the defendant where the plaintiff was the owner of Eigendom Verponding which should have been converted into property rights, then sued PT PPI for controlling the land of the object of the dispute with evidence of issuing an HGB certificate, this opens that the defendant has legally controlled the land because it already has permanent legal certainty. 
Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006 Nusa, Apriyanto; Zainuddin, Asriadi; Imran, Suwitno Yutye; Darmawati, Darmawati
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.27960

Abstract

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure.  The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.
Interrogating the Prospects and Challenges of State Policing System in Nigeria Ikubanni, Oluwaseye Oluwayomi; Adeboye, Oluwaseye Thompson; Oyebanji, Aderemi Olubunmi; Oyebade, Alade Adeniyi; Aderibigbe, Oluwagbenga
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.25300

Abstract

The upsurge of insecurity in Nigeria questions the competence of the Nigerian Police Force under the auspice of the federal government to combat insecurity. Some concerns decentralizing the policing powers to states would offer potential benefits in curbing insecurity. This study was designed to interrogate the prospects and possible challenges of the state policing system in Nigeria and contribute to the discourse on security in a heterogeneous country like Nigeria. The study adopted a hybrid research methodology through a fusion of both doctrinal and non-doctrinal methods. Descriptive and analytical approaches were adopted to interpret empirical data collected through the distribution of 1,051 questionnaires to randomly selected respondents to ascertain the prospects and possible challenges of state policing in Nigeria. The study found that the current structure of the Nigerian Police Force can no longer guarantee the safety of the Nigerians. Furthermore, the synthesisation of empirical findings revealed that state policing has the prospect of competently combating insecurity in Nigeria but corruption, and lack of funding amongst others are possible challenges. The study therefore concluded by recommending the amendment of the current legal framework of policing in Nigeria to make way for decentralization. 
Application of Criminal Sanctions Law Against Debt Collectors Withdrawing Fiduciary Guarantee Objects Nur, Rafika; Gobel, Rongki Ali; Sumiyati, Sumiyati; Abbas, Zilfinaz
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.20295

Abstract

This study examines the application of criminal sanctions to debt collectors involved in withdrawing fiduciary guarantee objects, focusing on their actions in executing such guarantees under Financial Services Authority Regulation No. 35 of 2018. Employing empirical legal research and field data, the study identifies that debt collectors who use excessive methods in seizing fiduciary objects may be liable for criminal acts, particularly under Article 368(1) of the Criminal Code, which covers extortion. The novelty of this research lies in its detailed analysis of the legal implications surrounding debt collector behaviour during fiduciary executions. The findings clarify the legal boundaries and potential sanctions for violations, underscoring the need for stricter enforcement of laws governing debt collection practices. The study recommends stronger legal oversight and the implementation of clearer regulations to ensure debt collectors act within legal and ethical boundaries. Furthermore, the research calls for enhanced public awareness of legal protections for debtors and more rigorous oversight to prevent abusive debt collection practices.
The Principle of Audi et Alteram Partem in the Process of Proof in Criminal Cases (Analysis of Decision No. 123/PID.B/2022/PN YYK Hartanto, Hartanto; Susanto, Susanto; Alimpeev, Daniil
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.26079

Abstract

This research examines the application of the audi et alteram partem principle by the panel of judges in case Number 123/Pid.B/2022/PN Yyk, focusing on how it influenced the judicial decision-making process. The audi et alteram partem principle, which ensures that both parties in a trial have an equal opportunity to present their arguments and evidence, is central to ensuring justice and fairness in legal proceedings. However, this study finds that the principle was not fully applied in this case, leading to an imbalance in the trial. The research combines normative and empirical methods, including interviews and literature reviews, to explore whether the evidence presented was adequately considered according to the Criminal Procedure Law. Findings suggest that the judges' failure to properly apply this principle resulted in a decision that did not meet the required standard of balance or fairness, ultimately weakening the defendant's position. This research highlights the urgent need for judicial reforms to strengthen adherence to procedural fairness, ensuring that legal decisions reflect the facts of the case and the fundamental principles of justice. The study contributes to the broader understanding of how judicial practices affect the fairness of criminal trials in Indonesia, offering recommendations for improving the application of legal principles in future cases.
Assessing the Enforceability of The Right to Freedom from Gender Discrimination in Nigeria Eruteya, Ugiomo
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.26323

Abstract

Gender-based biases remain pervasive in Nigeria, manifesting in restricted access to education, employment, healthcare, unequal pay, and sexual harassment. Despite the 1999 Nigerian Constitution's guarantee of freedom from discriminatory practices and Nigeria's commitment to regional and international human rights instruments promoting gender equality, women and girls in the country continue to face significant mistreatment. This discrimination results in economic deprivation, social inequalities, and other forms of abuse, all hindering sustainable development.  This study employs a doctrinal legal research methodology to explore the challenges in enforcing gender equality laws in Nigeria. It identifies key factors obstructing the effective implementation of anti-discrimination measures, including insufficient enforcement mechanisms, lack of awareness and education, and the failure to domesticate and fully implement gender-sensitive laws and policies. The study highlights the importance of domestication and full implementation of international instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as crucial steps toward overcoming these barriers. This study recommends stricter law enforcement, increased educational outreach to rural women, and the domestication of CEDAW and other gender-equal laws that remain unenforced in Nigeria. This research underscores the urgency of addressing legal and social barriers to gender equality, critical to the nation's development and the protection of women's human rights. 
Observations on the Regulation of Tourism in Accordance with the Constitution of the Republic of Indonesia 1945 and Relevant Legislation Sunarti, Sri; Hatibie, Irma Kharisma; Husain, Yeristiawati
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.27796

Abstract

Tourism plays a crucial role in economic development and the welfare of society. It is essential to note that tourism development must consider the legal regulatory aspects, particularly in the formulation of laws and regulations. Therefore, an assessment of the regulations governing tourism is necessary to ensure the harmonization and synchronization of the tourism sector itself. The objective of this study is to examine and analyze the regulatory aspects of tourism in accordance with the Constitution and prevailing laws and regulations. This research is normative, using legal materials as its primary source. The research employs a legislative approach, a conceptual approach, and a case-based approach. The findings of the study indicate that the assessment of tourism regulations in alignment with the Constitution and existing laws can be carried out in two main ways: first, through the systematization of tourism-related regulations, and second, by evaluating existing tourism regulations, starting from the Constitution itself, followed by the laws, government regulations, ministerial regulations, and regional regulations at both provincial and municipal levels. Additionally, the assessment serves as the most effective means of maintaining the harmony and synchronization of the laws and regulations governing tourism.

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