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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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Application Of The Principle Of Equality Before The Law To Law Enforcement For The Realization Of Justice In Society Purwadi, Wira; Djafar, Mohamad Ali Akbar; Densi, Gilang Fatirah; Tumiwa, Anika Zaitun; Langkamane, Arum Salsabila Yieputri
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.481 KB) | DOI: 10.33756/jelta.v15i1.14772

Abstract

The consequences of the state of the law following the constitution mandate require that the application of law enforcement should be carried out somewhat based on equality before the law. The purpose of this study is to analyze how the principle of equality before the law applies to law enforcement for the realization of justice in society and to analyze the factors that hinder the realization of justice in applying the principle of equality before the law to law enforcement. This research uses normative legal research methods or library research. The results showed that applying the principle of equality before the law in law enforcement has not achieved the justice felt by the community. In terms of legal substance, legal structure, and legal culture
Judicial Power as a Material Content of The 1945 Constitution in The Perspective of its Development and Objectives Punu, Doni; Dilapanga, Ridwan; Daud, Tiara Namira Oktaviana
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (418.46 KB) | DOI: 10.33756/jelta.v16i1.17966

Abstract

The power of the judiciary as one of the content materials in the written constitution of a legal state is inseparable from the conception of the trias politica. It is intended to ensure the independence of judges in shaping the law through their rulings as well as to prevent abuse of power. In this case, it is important to prove that the intention is in accordance with the substance of the judicial power in the content of the 1945 Constitution. On this basis, this study is limited to two subjects, namely about the extent to which the background of judicial power is the content material in the 1945 Constitution and the position of judicial power as content material in the 1945 Constitution. Both of these things will be analyzed normatively using a statutory approach and a historical approach. The final results of this study show that despite the change of government regime, the form of the state until the amendment of the 1945 Constitution, judicial power remained an important and fundamental content in the 1945 Constitution. One of the processes of legal formation can occur in the judiciary through judges' decisions, therefore the substance of the changes in the 1945 Constitution aims to strengthen the independence of judicial power as well as strengthen the principle of separation of powers mainly in the judicial power section as a form of checks and balances.
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.
Death Criminal Concepts Based On Positive Law In Indonesia Wahid, Abdul; Malarangan, Kartini
JURNAL LEGALITAS Vol 15, No 2 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (388.695 KB) | DOI: 10.33756/jelta.v15i2.16490

Abstract

The existence of two opinions, especially capital punishment, has given rise to controversy over regulating the death penalty as a legal instrument for dealing with corruption. Some agree with the imposition of capital punishment, and some question the justification for this sentence, which does not give the perpetrators of criminal acts the opportunity to improve to become good human beings. The death penalty for corruption cases has never been imposed, so the death penalty cannot be used as an ultimum remedium against perpetrators of corruption. Regarding the severity of the main sentence to be charged, a maximum limit for each crime has been determined. In contrast, a specific minimum limit is not specified, but a general minimum limit, for example, imprisonment and a minimum of one day's confinement. This type of research is carried out using a normative approach, namely by analyzing problems through legal principles and referring to legal norms contained in statutory regulations. The results of the study show the need for amendments to the Law on the Eradication of Corruption Crimes by formulating the death penalty for all acts of corruption without particular criteria, such as disaster situations, due to their significant impact on society, the nation, and the State, so that it becomes the ultimum remedium. The need for judges to impose severe criminal sanctions to create a deterrent effect for corruptors and other people who have the opportunity to commit corruption to become reluctant or afraid to commit acts that violate the Law because the criminal sanctions are severe.
Application Of Territorial Principles Against Pedophile Criminal Act Perpetrators Perpetrated By Foreign Citizens Madamba, Wiranda Putri; Puluhulawa, Fenty Usman; Badu, Lisnawaty Wadju; Puluhulawa, Jufryanto; Moha, Mohamad Rivaldi
JURNAL LEGALITAS Vol 14, No 01 (2021)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (958.991 KB) | DOI: 10.33756/jelta.v14i01.11114

Abstract

Indonesian criminal law adheres to various principles that form the basis for solving problems, especially in problems related to two or more countries. One of the principles recognized and in line with the research, in this case, is the territorial principle, which is a useful principle in determining the limits of validity of criminal law provisions based on place or location. This study aims to analyze the application of the territorial principle to perpetrators of pedophilia crimes committed by foreign nationals. The method used in this study is a normative type of research that uses the law approach and case studies. The results of this study indicate that should be based on the principle of criminal law, namely the territorial principle, Indonesian law will be applied to anyone who commits a crime in Indonesia, including in this case foreign citizens who commit pedophilia crimes, especially a sovereign state has exclusive jurisdiction in the environment. the territory itself is called territorial sovereignty so that the state has full jurisdiction to punish people who commit crimes against the law in the territory of the country. In reality, this territorial principle cannot be applied to this case because the suspect is still in the process of waiting for the results of approval or rejection of extradition by the Ministry of Law and Human Rights of the Republic of Indonesia, considering that the suspect is a foreign citizen and is also a fugitive in his home country, namely the United States of America. so that the country of origin sends a letter of request for extradition and this extradition request is still in the process of being followed up.
The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms? Matrutty, Ruth Gracia Imanuela; Saimima, Judy Marria
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.363 KB) | DOI: 10.33756/jelta.v16i1.19473

Abstract

This article examines the death penalty provisions in the Draft Criminal Code (RKUHP), focusing on its regulation and application mechanisms. Using a normative juridical approach, the study provides a detailed analysis of the draft's stance on the death penalty. The RKUHP treats the death penalty as a special punishment, which can be alternatively imposed with life imprisonment or a maximum of 20 years in prison for crimes outlined in the Criminal Code and other specific laws. The research identifies a key issue: while the RKUHP aims to achieve various goals through punishment, the death penalty fails to meet some of these objectives, such as the social rehabilitation of convicts and the resolution of conflicts arising from criminal acts. The study suggests that imprisonment as an alternative to the death penalty has negative effects on convicts and proposes exploring other punitive alternatives. These alternatives should align with the goals of justice and rehabilitation outlined in the criminal law, offering solutions that do not harm the convict's prospects. This research highlights the need for a more effective and humane approach to punishment in the criminal justice system. 
Podcast : Penyiaran Atau Layanan Konten Audio Melalui Internet (Over the Top) Berdasarkan Hukum Positif di Indonesia Alvin Daniel Silaban; Muhammad Amirulloh; Laina Rafianti
Jurnal Legalitas Vol 13, No. 02 (2020)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (635.919 KB) | DOI: 10.33756/jelta.v13i02.8325

Abstract

Tujuan Penulisan yang ingin dicapai pada kajian ini adalah untuk menjawab 2 (dua) pertanyaan sebagai rumusan masalah yaitu pertama, bagaimana kualifikasi podcast berdasarkan hukum positif di Indonesia? dan kedua, bagaimana pengaturan podcast sebagai penyiaran berbasis internet berdasarkan hukum positif di Indonesia?. Kedua rumusan masalah ini akan dijawab dengan menggunakan pendekatan yuridis normatif, dengan meneliti bahan kepustakaan serta mengkaji hukum positif yang berhubungan dengan Hukum Teknologi, Informasi dan Komunikasi dan Hukum Penyiaran. Berdasarkan hasil kajian artikel ini menyimpulkan bahwa podcast digolongkan dalam layanan konten audio Over The Top, bukan penyiaran. Karakteristik podcast yang hampir sama dengan radio, tetapi tidak serta merta disebut sebagai suatu penyiaran sebagaimana yang diatur dalam Pasal 1 angka 2 UU Penyiaran. Hal ini berimplikasi pada pengaturan podcast yang tidak dapat diatur dalam Undang-undang Penyiaran. Lebih lanjut, Undang-undang ITE tidak dapat menjadi jawaban dalam pengaturan podcast karena tidak mengatur secara rinci teknis dan prosedur dalam penyelenggaraan podcast di Indonesia.
The Phenomenon Of Increasing Division During The Covid-19 Pandemic At Gorontalo Religious Court Kamba, Sri Nanang Meiske
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (459.477 KB) | DOI: 10.33756/jelta.v15i1.14800

Abstract

The rate of divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court has increased significantly compared to talak cases submitted to husbands to their wives. The problems in this study are 1) What are the factors causing the increase in divorce during the Covid 19 pandemic? Moreover, 2) What are the legal consequences of increasing divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court. The purpose of this study was to identify the causes of the increase in divorce lawsuits at the Gorontalo Religious Court during the Covid-19 pandemic. The type of approach used in this research is the legislation (Statute Approach) and the case approach (Cases Approach). Methods of collecting data using Library Research and analysis with legal interpretation. The results showed that the factors causing the increase in divorce cases during the COVID-19 pandemic in the Religious Courts were due to economic factors, continuous quarrels, third parties, and domestic violence. The issue of divorce in Law Number 1 of 1974 in principle adheres to the principle of complicated divorce as regulated in Article 39 paragraph 1. Furthermore, based on Article 114 of the Compilation of Islamic Law ("KHI"), the termination of the marriage bond due to divorce can be caused by divorce from the husband or a lawsuit from the wife. This divorce gives rise to legal consequences caused by a lawsuit, among others; (a) strained relationships between family members; (b) child care; and (c) the distribution of joint property
Legal Protection of Customary Law Communities Over Ulayat Land Forests Katjong, Revie Kurnia; Tuhumury, Harry; Roem, Anwar Moch; Sari, Liani
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.738 KB) | DOI: 10.33756/jelta.v16i1.18582

Abstract

This study aims to analyze the concept of customary land customary law, as well as to examine the protection of indigenous peoples in a customary land forest. The type of research in this writing is a normative juridical research method. The approach used in this study is a Statute Approach and a case approach. The results showed customary forests, sometimes referred to as customary forests, are forests within the territory of customary law communities. To be designated as customary Forest, local customary law communities can apply to the Minister of Environment and Forestry. Customary Forests, before Indonesian law is, protected as the legal protection of customary land. This legal protection is a form of concrete action from the state in implementing the mandate of the Constitution of the Republic of Indonesia Constitution of 1945 contained in Article 18b. Moreover, in this case, the government has issued a decree of the Minister of Environment and Forestry to establish customary forest areas and the rights and obligations of Indigenous Peoples.
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.

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