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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 140 Documents
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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. 
Constitutional Court’s Role in Regional Head Election Disputes: Substantive Justice and Voting Threshold Challenges Fathullah, Fathullah; Muhtar, Mohamad Hidayat; Yustiana, Yustiana; Saharuddin, Saharuddin; Syahbana, Rio Akmal
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30680

Abstract

This study examines the Constitutional Court's authority in resolving regional head election disputes, focusing on its role in ensuring substantive justice and the implications of the vote threshold in Article 158 of the Regional Head Election Law on candidates' constitutional rights. The research employs a normative legal method, utilizing a statutory approach to analyze the Court’s jurisdiction, a case approach to assess key decisions, and a conceptual approach to evaluate the principles of substantive justice in electoral disputes. Primary legal sources include the 1945 Indonesian Constitution and Constitutional Court rulings, while secondary sources consist of scholarly literature, legal commentaries, and tertiary legal references. The findings reveal that the Constitutional Court has played a pivotal role in upholding democratic principles by setting aside formalistic constraints such as the vote threshold when structured, systematic, and massive violations significantly impact election outcomes. However, this approach raises concerns regarding the consistency of judicial rulings and legal certainty. Additionally, the study highlights that Article 158 often limits candidates’ access to legal remedies, restricting their ability to contest elections despite substantial evidence of electoral fraud. The study contributes to the academic discourse on electoral justice by demonstrating how legal formalism can undermine substantive justice in democratic processes. It recommends revising Article 158 to introduce an exception mechanism that balances procedural efficiency with fairness, thereby enhancing the legitimacy and integrity of regional head elections. This reform is essential to ensure a more equitable electoral dispute resolution system that safeguards both democratic accountability and legal certainty.
Challenges in Implementing Diversion for Child Offenders: A Case Study of the Malang Police Department Maharani, Febrianika
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.27692

Abstract

Diverting children from the formal criminal justice system is imperative to safeguard their future and well-being. Indonesia’s Juvenile Criminal Justice System Act (UU SPPA) mandates diversion at every stage of the process for children in conflict with the law. However, diversion frequently fails due to legal conditions not being met, particularly the requirement of victim approval under Article 9(2). This empirical, socio-legal study examines the challenges of implementing diversion at the investigative stage in the Malang Police Department. Findings reveal that while the police adopt a restorative and child-friendly approach, diversion efforts often collapse due to disproportionate demands from victims’ families, who can block the agreement entirely. Such power imbalance risks obstructing restorative justice and may subject children to unnecessary stigmatization and incarceration. The study highlights an urgent need for legislative reform to prevent the misuse of victim consent as an absolute condition. It proposes an amendment to Article 9 to empower investigators and social officers to assess the fairness of victims’ demands relative to actual harm. This research contributes novel insight by exposing how legal rigidity enables the undermining of diversion’s restorative aims and suggests a statutory safeguard to restore balance. These findings are critical to promoting equitable justice for all parties while ensuring the best interests of the child.
Smart Contract in the Metaverse: A Comparative Legal Analysis of Nigeria and Uganda in the Age of Digital Transaction Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole; Eregbuonye, Obieshi; Onwubiko, Kelechi Jude; Damina, Joshua John
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.28584

Abstract

The emergence of the Metaverse as a decentralized digital ecosystem has transformed traditional contract enforcement by introducing smart contracts, self-executing agreements embedded in blockchain systems. This study conducts a comparative legal analysis of the regulatory frameworks governing smart contracts within Metaverse operations in Nigeria and Uganda. Employing a doctrinal legal method, the research critically examines primary legal sources such as statutory laws and case law, alongside scholarly literature, to assess legal recognition, enforceability, and institutional preparedness. The study reveals a significant regulatory gap in Nigeria, where the absence of a comprehensive legal framework creates uncertainty in the enforceability of smart contracts, despite growing blockchain policy initiatives. In contrast, Uganda has established more definitive legal provisions, particularly through its Electronic Transactions and Signature Acts, which explicitly validate digital contracts. The novelty of this study lies in its regional comparative focus on emerging economies and its analysis of how traditional contract principles interact with decentralized digital platforms. The urgency of this inquiry is underscored by the rapid digitalization of commerce, which necessitates timely legal adaptation to prevent regulatory obsolescence and safeguard stakeholders. This research contributes to the discourse on digital governance by proposing a legal reform agenda for Nigeria, advocating for the adoption of a smart contract-enabling framework modeled after Uganda’s approach. Ultimately, it calls for regional and international harmonization to ensure legal certainty, consumer protection, and dispute resolution within Metaverse-driven economies.
When Courts Speak: Substantive Justice for Disabilities in CASN Recruitment on Trial Rizki, Muhammad; Nurikah, Nurikah; Jazuli, H.E Rakhmat; Rayhan, Ahmad
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30549

Abstract

The statutory 2% labour quota for persons with disabilities, as mandated by Law No. 8 of 2016, remains largely unfulfilled. Discriminatory practices persist in the recruitment of civil servants, as illustrated by the case of Muhammad Baihaqi (Supreme Court Decision No. 471 K/TUN/2021). This study aims to analyse the capacity of the State Administrative Court (PTUN) to deliver substantive justice and to identify the key obstacles that hinder such efforts. The methodology employed is a doctrinal legal study, utilising primary legal sources (statutes and court decisions) and secondary materials (reports from the Central Statistics Agency [BPS], academic literature, journal articles, and media coverage). Findings indicate that lower administrative courts tend to prioritise procedural compliance, such as adherence to filing deadlines, while neglecting the substantive issue of discrimination. In contrast, the Supreme Court underscored the importance of substantive justice; however, systemic barriers remain prevalent. For instance, in 2019, only 0.017% of civil servant hires were persons with disabilities, reflecting ongoing institutional bias and inadequate reasonable accommodation. This study is the first to explicitly link the procedural rigidity of PTUN to broader human rights violations, arguing for a paradigm shift towards a socio-legal approach that bridges administrative law with justice for persons with disabilities. The paper recommends several reforms: stricter enforcement of the labour quota, the standardisation of disability-inclusive recruitment assessments, the imposition of sanctions for non-compliance, and the integration of disability rights training for judges. Urgent institutional reforms are necessary to align administrative law with human rights principles and to ensure equitable participation of marginalised groups in public employment.
Distributing Inheritance Before Death: Juridical Insights from Shafi'i Madhhab in Bangun Village Rahman, Mhd. Kurnia; Hayati, Amal
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30989

Abstract

This study investigates the practice of pre-mortem inheritance distribution in Bangun Village, Gunung Malela District, Simalungun Regency an emerging phenomenon driven by the intention to prevent family conflict. Despite its pragmatic rationale, this practice contradicts Islamic inheritance law as articulated in the Shafi'i Madhhab, which mandates that inheritance be distributed only after the testator’s death in accordance with faraid principles established in the Qur'an and Sunnah. Employing a qualitative design and an empirical juridical approach, this research draws on interviews with three local families (Mr. I, Mrs. R, and Mr. S), direct field observations, and a thorough analysis of primary Islamic legal texts and existing scholarly literature. The findings reveal a consistent pattern: inheritance is divided equally among heirs before the testator’s death, often without reference to the obligatory shares stipulated in Sharia. While intended to foster familial harmony, this informal practice risks undermining the legal structure of Islamic inheritance, potentially resulting in systemic injustice and intra-family disputes. The study's novelty lies in its empirical focus on a rural Muslim community's deviation from classical jurisprudence, an area rarely explored in existing literature. It also highlights an urgent need for community-based legal education tailored to Islamic inheritance law within the Shafi'i Madhhab. This research contributes to the discourse on legal pluralism, revealing the tension between local customs and normative Islamic law, and calls for integrative strategies to realign community practices with the ethical and juridical imperatives of the Qur’an and Sunnah.
Escalating Medical Negligence in Commonwealth West Africa: Evaluating the Efficacy of Deterrence Mechanism Ehirim, Ugochukwu Godspower
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30084

Abstract

Medical malpractice remains a persistent issue across Commonwealth West-African countries, with limited legal interventions to ensure accountability or deter future occurrences. Despite increasing incidents of medical negligence, both Nigeria and Ghana continue to grapple with the challenge of establishing criminal liability in clear-cut cases. This paper examines the emergent jurisprudential shift signaled by Lagos v Orji, which demonstrates the feasibility of invoking criminal law in medical negligence cases—an area traditionally confined to civil and administrative remedies. Employing a doctrinal methodology and drawing on primary and secondary legal sources, the study explores the shared common law heritage and regional leadership roles of Nigeria and Ghana to assess broader trends in West African legal responses to medical negligence. A key finding of the study is the critical role of social media in raising rights-consciousness and exposing malpractice cases that often escape official documentation. The research highlights a troubling dearth of judicial precedents and underdeveloped jurisprudence on the subject, arguing that the severity and frequency of such cases necessitate a shift toward penal deterrence. The paper underscores the urgency of rethinking legal frameworks to ensure medical accountability, proposing the adoption and refinement of Indonesia’s criminal liability model as a potential roadmap. In advocating for the integration of criminal jurisprudence into the discourse on medical negligence, this study offers a novel contribution to legal scholarship and calls for urgent reform in regulatory and prosecutorial approaches within the region.
Assessing Fixed Asset Write-Off Policy Effectiveness in Enhancing Regional Efficiency at Bappeda Riau Islands Nurviani, Nanny; Tan, David; Situmeang, Ampuan
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30668

Abstract

The management of Regional Assets (BMD) in Indonesia continues to face structural and procedural challenges, including inadequate inventory systems, insufficient human resource (HR) competencies, and weak inter-agency coordination. This study critically examines the effectiveness of the fixed asset write-off policy at the Regional Development Planning Agency (Bappeda) of Riau Islands Province in line with Permendagri No. 7 of 2024. Using an empirical legal research method through a sociological approach, the study captures field-based data to assess the practical implications of policy implementation. The findings reveal persistent inefficiencies in asset write-off procedures due to unclear Standard Operating Procedures (SOPs), lack of digital support systems, and low transparency. Additionally, institutional barriers such as limited administrative capacity and leadership gaps hinder policy execution. This study is the first empirical investigation of asset elimination practices in Bappeda Riau Islands, a region with distinctive archipelagic characteristics, thus offering significant academic and policy relevance. The study proposes actionable strategies, including the formation of a dedicated inventory team, HR capacity-building programs, and the enhancement of SOPs to streamline the write-off process. These solutions are expected to improve overall BMD governance, promote accountability, and support increased Regional Original Income (PAD). The research contributes a replicable model for regional governments, especially in geographically complex areas, to optimize asset management through evidence-based policy refinement.
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.
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.

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