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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
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Search results for , issue "Vol. 14, No. 2 (2021)" : 5 Documents clear
Assessing The Protection Of Women's Rights In The Perspective Of Feminism During The Covid-19 Pandemic Yoel, Siciliya Mardian
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.391 KB) | DOI: 10.33756/jelta.v14i2.10342

Abstract

Abstract This study aims to identify the laws and regulations that regulate women's human rights and analyze them using them to determine the effectiveness of these laws and regulations in protecting women's human rights during the pandemic. The research was conducted using normative legal research methods using a conceptual approach and a statutory approach. The collection of legal materials is carried out using a literature study and the legal materials will be analyzed using Feminist Legal Theory. The results of the study show that there are several women's human rights that have been regulated in Indonesian laws and regulations, including: (1) The right to be free from gender discrimination (UU HAM); (2) The right to justice and gender equality (UU HAM, UU PKDRT); (3) The right to get protection as a victim (UU PKDRT); (4) The right to recognition and respect for human rights in all matters relating to citizens (UU Kewarganegaraan); (5) The right to be free from racial discrimination (UU PTPPO); (6) Political Rights (UU Parpol, UU Pemilu); and (7) The right to be free from discriminatory treatment against a social group that is still underdeveloped (UU Parpol, UU Pemilu). With regard to these laws and regulations, by focusing only on aspects of legal protection, namely protection against violence (both physical and sexual) against women, it shows that the existing legal umbrella is not effective enough to protect women. This is because the existence of laws and regulations alone cannot guarantee the implementation of women's human rights. Legislation must be followed by gender-sensitive law enforcement and no less important is a cultural change in society.
Legal Strength of Consumer Financing Principal Agreements Post The Decision of the Constitutional Court No. 18/puu-xvii/2019 Nasrullah, Nasrullah
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (64.943 KB) | DOI: 10.33756/jelta.v14i2.10482

Abstract

AbstractAfter the Constitutional Court Decision No. 18/PUU-XVII/2019, fiduciary certificates no longer have direct executive power and the determination of promise injuries is not determined unilaterally by financing creditors but based on agreements between creditors and debtors. This certainly has an impact on fulfilling the rights of business actors (creditors) and ignoring binding powers on the principal financing agreement and fiduciary certificate. The purpose of this study is to find out whether the Constitutional Court Decision No. 18 / PUU-XVII / 2019 is contrary to the main agreement of consumer financing, and How the legal strength of the consumer financing agreement after The Constitutional Court Decision No. 18 / PUU-XVII / 2019. The type of research used is a type of normative research with a focus on the statutory approach and the conceptual approach. The results of the study explained that the principal agreement of consumer financing with The Decree no. 18 / PUU-XVII / 2019 there is a conflict (conflict) but only a pseudo conflict (not a textual conflict) because in terms of intent and purpose there is no conflict, but potentially less balance the legal interests of business actors. Constitutional Court Decision No. 18/PUU-XVII/2019 has destabilized the existence of the deed of the principal financing agreement. The minimum limit of proof of the principal financing agreement is not perfect and no longer binding as the law for both parties and the deterioration of the evidentiary value of the deed of the principal agreement and the legal strength of the fiduciary certificate and the principal financing agreement is in the determination of the court. There need to be regulations that regulate sanctions if consumers deliberately delay their obligations to pay credit installments and the need for the participation of community institutions, business actors, and including the government to socialize.
Legal Analysis Of The Implementation Of Risk Allocation In Cooperation Schemes With The Government And Business Entities In Infrastructure Provision In Indonesia Rezkyna, Nabilah; Faisal, Pupung; Trisnamansyah, Purnama
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.712 KB) | DOI: 10.33756/jelta.v14i2.11828

Abstract

Risk allocation is a key feature in government-business partnerships. In the Public Private Partnership scheme, risk allocation is a difficult thing. The transfer of risk to the private sector has an impact on the price of the project. Likewise, allocating risk to the public sector which in practice tends to reduce Value For Money. In addition, project risk is dynamic and changes throughout the life of the project so it cannot be predicted with certainty. This normative research aims to examine the guiding principles for increasing the effectiveness of risk allocation and maximizing Value For Money from existing regulations in Indonesia and Government Cooperation agreements with Business Entities based on best practices in several other countries. The approach used in this paper uses a conceptual and comparative approach. The results obtained from this paper are that it is necessary to identify and anticipate risks including alternative solutions that are adjusted to the principle of risk allocation to minimize risk, as well as adjustments to the matrix that have been made by PT PII, risk allocation principles, best practices and related regulatory frameworks in Indonesia. Result, risks in KPBU projects are often an obstacle in the success of KPBU implementation in Indonesia. To minimize the risks that will be faced or may be faced, it is necessary to identify and anticipate risks including alternative solutions that are adjusted to the principle of risk allocation. In developing an effective risk matrix, innovative thinking is needed that is adapted to the characteristics of the KPBU project and the principles of risk management. This must also be adjusted to the matrix that has been made by PT PII, the principles of risk allocation, best practices and related regulatory frameworks in Indonesia are used as references. If properly implemented, this principle is expected to result in a lower risk premium and lower project costs, thus having a positive impact on the project's stakeholders.
Comparison Of Judicial Review: A Critical Approach To The Model In Several Countries Wijaya, Ahmad; Nasran, Nasran
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.05 KB) | DOI: 10.33756/jelta.v14i2.11809

Abstract

AbstractThe purpose of this study is to analyze the comparative model of judicial review in Indonesia and other countries. This research uses normative legal research. The approaches used by researchers in compiling this research are, among others: the legal approach; historical approach; and comparative approach. The results of this study indicate that in principle the constitutional review system in several countries shows a variety of color gradations that are tailored to the needs of each country. In general, there are 3 (three) constitutionality testing mechanisms that have been developed to date, namely: First, the constitutionality testing of laws is carried out by existing judicial institutions or non-special adjudication, namely the Supreme Court. The country that adopts this system is the United States of America. Second, the constitutionality test of the law is carried out by a special judicial institution, namely the Constitutional Court. Countries that have adopted this system are Indonesia, Germany, South Korea, South Africa, Russia, Thailand and Turkey. The constitutionality of the law is examined by non-judicial institutions. The country that adopted this system is France.
Granting Clemency To Narcotics Convicts: Overview From The Political Perspective Of Indonesian Criminal Law Puluhulawa, Irlan
JURNAL LEGALITAS Vol. 14, No. 2 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.711 KB) | DOI: 10.33756/jelta.v14i2.11147

Abstract

This research aims to examine the granting of clemency by the president to convicts of narcotics cases in the perspective of legal politics. In Law No. 22 of 2002 concerning Clemency, it does not specifically explain the category of crimes that can or cannot be granted clemency. Also, the Clemency Law does not specify the reasons that can be used by the applicant. There are two main problems in this study, namely (1) What is the mechanism for granting clemency to narcotics convicts? and (2) How is the legal politics of granting clemency by the president to convicts of narcotics cases in the future? This study uses a normative research method with a statutory approach, an analytical and legal conceptual approach, and a case approach. Based on this research, it can be concluded that the mechanism for granting clemency to narcotics convicts based on Law No. 22 of 2002 concerning clemency is the same as the mechanism for granting clemency in general or there is no special classification for certain crimes. Then the researcher recommends to revise the clemency law by adding the classification of extraordinary crimes in this case drugs as an exception from granting clemency. Then the consideration of the Supreme Court must take precedence in the clemency application process before appealing to the president.

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