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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 146 Documents
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The Construction of Legal Liability of BPJS Kesehatan and Hospitals for Pending Claims Khalid, Hasbuddin; Hamzah, Yuli Adha; Ikhtiari, Athifa
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.36566

Abstract

Pending BPJS Kesehatan claims are often reduced to a purely administrative issue, even though this condition triggers complications of civil liability that have a systemic impact on the quality of healthcare services. This normative legal study aims to reconstruct the limits of the legal liability of the parties within the National Health Insurance (JKN) ecosystem by examining the intersection between the regimes of breach of contract and tortious acts (Perbuatan Melawan Hukum/PMH). The findings reveal a hierarchically distinct structure of civil liability within the triadic relationship of BPJS, hospitals, and patients. First, in the contractual sphere, the status of breach of contract is determined by the party that commits the first breach: BPJS is deemed to be in breach when it unilaterally delays payment of valid claims, whereas a hospital is deemed to be in breach when the delay originates from its administrative negligence. Second, in the sphere of service delivery, hospitals bear an absolute duty toward patients. A decline in the standard of care resulting from cash flow constraints caused by pending claims legally constitutes a tortious act by the hospital, and the burden of liability cannot be shifted to BPJS. This study contributes the conceptual proposition that patient protection must be isolated from the dynamics of contractual financing disputes. Therefore, a reformulation of the cooperation agreement is required to specifically regulate the separation of liability regimes and proportional dispute resolution mechanisms in order to eliminate inequality of position and overlap in civil obligations within the JKN system.
Asset Recovery Of Corruption Proceeds Through Mutual Legal Assistance In Indonesia Istiqomah, Milda; Milania A, Bunga Veronika
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.37318

Abstract

Corruption is a transnational crime that necessitates robust international cooperation to effectively trace and recover illicit proceeds. Despite ongoing anti-corruption efforts, a critical research gap persists regarding the normative and operational mismatch between Indonesia's current Mutual Legal Assistance (MLA) framework and the international asset recovery standards established in Chapter V of the United Nations Convention Against Corruption (UNCAC). Specifically, existing domestic regulations, including Law Number 1 of 2006 concerning Mutual Legal Assistance, lack comprehensive legal mechanisms to execute the forfeiture of corruption proceeds located outside Indonesian jurisdiction. To address this gap, this study aims to critically analyze the existing criminal law policies regarding the seizure of corruption assets through MLA and to formulate alternative legal arrangements to optimize asset recovery efforts in Indonesia. The research employs a normative juridical methodology, utilizing statutory and conceptual approaches, supported by grammatical, historical, and systematic interpretation techniques. The main findings reveal that the current domestic legal framework is fundamentally inadequate for addressing transnational asset forfeiture and fails to align with UNCAC standards. Consequently, the study advocates for the immediate enactment of the Asset Recovery Bill (Rancangan Undang-Undang tentang Perampasan Aset). This offers a significant theoretical contribution by strengthening the concept of Non-Conviction Based Forfeiture within the Indonesian legal system. Practically, it provides law enforcement agencies with a comprehensive legal foundation to effectively trace, seize, and manage illicit assets domestically and abroad, notably through the proposed establishment of a dedicated Asset Management Agency.
Death Penalty Reform in Indonesia and Malaysia: A Comparative Study of Indonesia’s New Criminal Code and Malaysian Law Djatmika, Prija; Kurniawan, Heru
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.37772

Abstract

Capital punishment regulation in Southeast Asia is undergoing significant transformation, particularly in jurisdictions that seek to recalibrate punitive severity while retaining capital sentencing. Indonesia and Malaysia provide two notable yet conceptually distinct models of death penalty reform that remain insufficiently examined in comparative legal scholarship. This article analyzes the reformulation of capital punishment under Indonesia’s Law Number 1 of 2023 concerning the Criminal Code and Malaysia’s post-mandatory death penalty reforms to assess their underlying penal rationales and legal implications. Using normative juridical research with statutory and comparative approaches, the study finds that Indonesia retains capital punishment as a special principal penalty subject to a ten-year probationary mechanism, thereby embedding conditionality within its sentencing structure without eliminating the death penalty itself. In contrast, Malaysia does not reclassify capital punishment but abolishes its mandatory imposition, restoring judicial discretion to impose non-capital sentences in qualifying cases. The article argues that these reforms represent divergent trajectories of capital punishment moderation: Indonesia adopts a conditional retention model, whereas Malaysia embraces a discretionary sentencing model. This comparison demonstrates that similar reformist trends may reflect fundamentally different penal philosophies in the governance of capital punishment.
Social Media-Based Triangular Fraud and Cyber Law Enforcement: An Indonesian Transnational Digital Crime Perspective Rombe, Erica Natalia; Ilyas, Amir
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.31687

Abstract

This study examines law enforcement against triangular fraud on social media and the strategies adopted by the police to address this emerging form of cyber-enabled deception. The urgency of this research lies in the increasing use of social media as a platform for fraudulent transactions, where perpetrators manipulate buyers and sellers through a three-party scheme that obscures criminal responsibility and complicates evidence tracing. Unlike conventional online fraud, triangular fraud involves layered communication, false representation, and indirect transaction patterns, making it more difficult for law enforcement agencies to investigate and prosecute effectively. This study employs an empirical legal research method, using qualitative analysis presented descriptively based on field data and law enforcement practice. The findings reveal that law enforcement against triangular fraud remains suboptimal due to limited human resources, insufficient cybercrime expertise among police officers, and inadequate facilities for tracking digital evidence. The Makassar Police have responded through three main strategies: pre-emptive efforts by conducting public outreach and legal education, preventive efforts through investigation and inquiry, and repressive efforts aimed at raising public awareness and encouraging caution in online transactions. The novelty of this study lies in its specific focus on triangular fraud as a distinct modus operandi within social media-based cybercrime. Its contribution is to highlight the need for stronger cyber-investigative capacity, improved digital evidence infrastructure, and preventive public education as part of a more adaptive law enforcement model for digital fraud cases. Practical prevention measures include verifying sellers through video calls, documenting communication, and confirming live location before transaction.
The Omnibus Law Concept and Changes in Substantive Provisions in Law Number 17 of 2023 on Health Usman, Syai Saladin; Budhiartie, Arrie
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.37231

Abstract

The omnibus law concept refers to an approach that consolidates numerous regulations into a single regulatory framework. In 2023, the government applied this concept to Law Number 17 of 2023 on Health, with the objective of reforming health services to improve the health status of the Indonesian population and to address current and future health issues. However, various problems occurred during the drafting process, which affected the substance contained in the Health Law. The purpose of this study is to analyze the omnibus law concept and its influence on the Health Law. The research method employed is normative juridical, using a statutory approach by examining the Health Law and Government Regulation Number 28 of 2024 concerning the implementing regulations of the Health Law, as well as a conceptual approach. The results of this study indicate that the drafting process of the Health Law was conducted within a short period and did not adequately observe the principle of public participation, limiting public access to information regarding the substance of the law. This condition generated polemics within society and influenced substantive changes, including concerns from professional organizations that the Health Law removes their authority to supervise medical and health personnel, the expansion of authority in the supervision of the distribution of drugs and medical devices by BPOM, and the emergence of legal protection for pharmacists not only when performing their duties in pharmacies but also in extraordinary circumstances. The novelty of this research lies not only in examining the legislative process but also in analyzing substantive changes within the Health Law. Accordingly, this study provides a new perspective for future empirical research to examine the implementation of the Health Law.
Nigerian Children’s Right to be Left Alone on the Metaverse: A Comparative Analysis Ehirim, Nwanneka Flora; Ehirim, Ugochukwu
JURNAL LEGALITAS Vol 19, No 1 (2026)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v19i1.37909

Abstract

In General Comment 25 (2021), the liberties of children within the metaverse were fortified, protected and upheld. A sound legislative foundation is indispensable to this end. This article evaluates the scope of children’s privacy rights and liberties to have their personal data protected under the Nigerian legal system. The analysis also extends to legislative frameworks in the EU, South Africa and USA, where provisions for child privacy protection and safeguards against online abuses are more comprehensive. The doctrinal approach of juridical research is adopted in this article, facilitating robust analysis of the diverse municipal, regional and transnational regulatory regimes as applicable to Nigeria, and by extension, South Africa. It is demonstrated that, whereas both nations have achieved significant milestones by legislation of children’s liberties anywhere, including the metaverse, their legal frameworks have not sufficiently safeguarded these freedoms, particularly with respect to privacy on digital ecosystem. The case was made that inadequate, imprecise regulation may undermine effective nurturing of children when their privacy is undermined, particularly within the digital space, by way of chilling effect. Consequently, reform of the relevant legal provisions is imperative for Nigeria, with a clear suggestion for children to be consulted and their opinions respected throughout the legal reformation process, since they hold a statutory entitlement to engagement on issues affecting them.

Page 15 of 15 | Total Record : 146

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