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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 5 Documents
 1 
Search results for , issue "Vol 18, No 2 (2025)" : 5 Documents clear
From Punishment to Prevention: Disrupting the Prison Pipeline for At-Risk Youth Ferawati, Ferawati; Fikranta, Atthyobi Muhammad
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.27903

Abstract

This study critically examines the effectiveness of addressing juvenile criminal cases through a predominantly repressive approach. Employing a normative legal research method, it draws upon statutory provisions of the Juvenile Criminal Justice System Act, relevant court decisions, and secondary legal literature to evaluate both regulatory intent and practical outcomes. While Indonesian law formally distinguishes the treatment of juvenile offenders from that of adults, findings indicate that implementation continues to generate significant adverse effects. These include enduring social stigma, psychological distress, and heightened risks of recidivism resulting from the imposition of custodial and other inappropriate penalties. Such outcomes underscore an urgent need to reassess the reliance on punitive measures in light of the state’s obligation to protect children as vulnerable legal subjects. The contribution of this research lies in advancing a preventive paradigm that prioritises family and community-based interventions. Specifically, it argues that empowering those closest to children particularly parents, caregivers, and educational institutions can mitigate criminogenic risks more effectively than punitive sanctions. By foregrounding preventive strategies, the study aligns juvenile justice with child protection principles and international best practices, thereby offering a model for reform that is both humane and sustainable. The novelty of this research rests in its proposition to operationalise prevention not merely through state mechanisms, but by maximising the protective role of family and immediate social environments. In doing so, it provides a fresh perspective for policymakers and legal practitioners seeking to reorient Indonesia’s juvenile justice system toward long-term rehabilitation and social reintegration.
Reforming The Authority Of The National Human Rights Commission From A Legal Perspective Luhukay, Roni Sulistyanto
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.30937

Abstract

The institutional protection of human rights in Indonesia remains constrained by limited mandates and authority, particularly in the case of the National Commission on Human Rights (Komnas HAM). Unlike similar institutions in other jurisdictions, Komnas HAM lacks prosecutorial power, binding decision-making authority, and sufficient independence to effectively address human rights violations. This research, using a normative legal method, identifies the structural and regulatory limitations of Komnas HAM as the core issue that weakens human rights enforcement in Indonesia. Existing literature has primarily focused on Komnas HAM’s performance without thoroughly analyzing the philosophical and legal justification for enhancing its authority. This study fills that gap by providing a philosophical reflection on the institutional role of Komnas HAM and proposing reform measures based on international best practices. Key findings suggest that strengthening Komnas HAM through expanded authority such as investigatory and prosecutorial powers, binding decisions, oversight of state policies, and greater resource allocation could significantly improve human rights protection. Theoretically, this contributes to discourse on state obligation in human rights enforcement; practically, it offers a concrete institutional reform model to enhance Komnas HAM's role in Indonesia’s legal system.
Law Enforcement Of Spreading False And Misleading News In Pandemic Covid-19 Era Hartanto, Hartanto; Astuti, Dwi; Syakdiah, Syakdiah
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.31032

Abstract

The Covid-19 pandemic that has hit the world since early 2020 has had an impact on various aspects including the fields of communication and information. Several cases had ended  in the legal realm relate to the ITE Law. This research examines cases of fake and misleading news that are widespread in Indonesia, in 3 fields, namely Health, Government and General Elections. The urgency of fake news  related to consumer losses. Not all fake news causing consumer harm. What are the factors that delays in law enforcement for criminal acts of spreading false and misleading news related to the pandemic and what efforts should be made to deal with it? This research uses normative juridical methods with secondary legal materials; Criminal acts conected to spreading fake news are regulated in the qualifications of Article 35 of the ITE Law 11/2008, which places more emphasis on the phrase manipulation and destruction of information if the result arises, namely consumer losses, then Article 28 (1) of the ITE Law is imposed. Meanwhile, those that cause riots in society in general can be recognized as Article 28 (3).
When Speech Becomes Crime: Defamation and Constitutional Power After Decision 78/2023 Syaifuddin, Imam; Syahrin, Alvi; Marlina, Marlina
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.31310

Abstract

This study examines the constitutional and legal dimensions of defamation in Indonesia in light of Constitutional Court Decision No. 78/PUU-XXI/2023 and District Court Decision No. 8/Pid.B/2024/PN Wns. Using a normative juridical method combined with a qualitative case approach, it analyzes how the Constitutional Court’s interpretation of Article 310(1) of the Indonesian Penal Code (KUHP) as a verbal act reshapes the legal framework of defamation. Relevant regulations include Articles 310–321 of the KUHP, Articles 433–439 of Law No. 1 of 2023 (New Penal Code), and Law No. 1 of 2024 (ITE Law). The findings reveal a constitutional enforcement gap: while the Constitutional Court provides a clear interpretive standard, the Watansoppeng District Court failed to apply it despite issuing a substantively appropriate sentence. This inconsistency reflects institutional weaknesses in implementing constitutional decisions within ordinary courts. To deepen the analysis, this study draws on comparative experiences from Germany and Colombia. Both jurisdictions face similar enforcement gaps but address them through structured mechanisms, such as mandatory appellate references in Germany and the tutela mechanism in Colombia. These insights show that binding constitutional authority requires institutional enforcement measures to ensure effectiveness. The novelty of this study lies in identifying this enforcement gap as a critical challenge to constitutional supremacy in criminal defamation and situating it within a comparative perspective. It contributes to legal scholarship and judicial reform discourse by emphasizing the need for systematic judicial compliance to guarantee legal certainty, protect fundamental rights, and maintain coherence in defamation law.
The Constitutional Adjudication in Indonesia: Bridging Political Legitimacy and the Supremacy of Law Pratama, Topan Yulia; Virdaus, Saivol; Kurniawan, Dimas Tri
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.34388

Abstract

Judicial review in Indonesia occupies a strategic position as a guardian of constitutional supremacy and an arena for tensions between the principles of the rule of law and popular sovereignty. This article aims to assess the effectiveness of judicial review in protecting citizens' constitutional rights and unravel the challenges of independence, public access, and compliance with decisions. Using a juridical-normative method through statutory, case, and conceptual approaches, the study describes norms, interprets constitutional provisions, and evaluates the practice of constitutional justice. The findings reveal three key issues: first, the vulnerability of independence due to recruitment processes that overlap with political interests and lead to inconsistent reasoning; second, barriers to access in the form of strict legal standing requirements, procedural complexity, costs, and low legal literacy; and third, weak implementation of decisions that give rise to "constitutional non-compliance," eroding the coercive power of judicial review and creating legal uncertainty. Although there are progressive decisions that expand rights protection, their implementation impact is often diminished by institutional resistance. This article recommends reforms to more independent and transparent judicial selection, expanding access through constitutional legal aid and simplifying procedures, and strengthening monitoring mechanisms and sanctions for the implementation of decisions. Synergy of these steps is necessary so that judicial review truly becomes an effective instrument for enforcing the constitution and supporting people's sovereignty.

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