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UNISAN Law Review
Published by Universitas Ichsan Gorontalo
ISSN : 25492462     EISSN : 25493744     DOI : https://doi.org/10.37195/ulr.v10i1
Core Subject : Science, Social,
Law, Crime, Criminology & Criminal Justice Library & Information Science
UNISAN Law Review is a peer-reviewed journal which published by Faculty of Law Ichsan University of Gorontalo - Indonesia. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUALAN KOSMETIK ILEGAL DITINJAU DARI UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Alfina Pulumoduyo; Darmawati, Darmawati; Albert Pede
Unisan Law Review Vol 8 No 1 (2024): APRIL
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v8i1.818

Abstract

The objectives of this research are (1) to analyze law enforcement against perpetrators of illegal cosmetic sales in Gorontalo City. (2) To find out the factors that influence law enforcement against perpetrators of illegal cosmetic sales in Gorontalo City. The research method used by researchers is normative legal research or library legal study, namely legal research carried out by examining library materials or secondary data alone. The results of this research show that: (1) Law enforcement against illegal cosmetics dealers by the police is through penal and non- penal measures. The form of penal effort is to arrest the perpetrators of illegal cosmetics dealers and suppliers. Meanwhile, non-penal measures in dealing with the circulation of illegal cosmetics in the jurisdiction of the Gorontalo City Police include conducting raids and providing legal education (2) Factors inhibiting legal enforcement against the circulation of illegal cosmetics, namely; first, lack of coordination between institutions. Second, low public understanding.
PERAN MEDICOLEGAL FORENSIK DALAM PEMBUKTIAN TINDAK PIDANA Mohamad Alfian Koyo; Sumiyati B.; Suardi Rais
Unisan Law Review Vol 8 No 1 (2024): APRIL
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v8i1.819

Abstract

This research aims (1) to find out the role of medicolegal forensics in proving criminal acts and (2) to find out the inhibiting factors of medicolegal forensics in proving criminal acts. The type of research employed is empirical research, namely a legal method that functions to see the law in real terms and examine how the law works in the community. It is research with field data as the main source, such as the results of interviews and observations. The research results indicate that (1) The role of medicolegal forensics in proving criminal acts in Gorontalo is very necessary for the role of medicolegal forensics installations. But, in this case, the proof carried out by the medicolegal forensics’ installation is still ineffective because, in the field, forensic experts in Gorontalo are still limited. (2) The inhibiting factors of medicolegal forensics in proving are quite serious, namely starting from the lack of human resources and not supporting infrastructure and facilities. It interferes with the proving process. This research recommends that (1) The police medics and Health Unit of Gorontalo Regional Police should add forensic experts and forensic personnel to support the acceleration of proofs in Gorontalo, and (2) The two parties mentioned above can complete the facilities and infrastructure in the Bhayangkara Hospital of Gorontalo to support the proof of criminal acts.
PENYALAHGUNAAN NARKOTIKA OLEH PEGAWAI NEGERI SIPIL DILIHAT DARI PERSPEKTIF KAJIAN KRIMINOLOGI (STUDI KASUS POLRES GORONTALO KOTA) Firanti Oktaviani Igirisa; Darmawati, Darmawati; A. Siti Kumala Ilyas
Unisan Law Review Vol 8 No 1 (2024): APRIL
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v8i1.820

Abstract

The aim of this research is (1) To determine and analyze the factors that cause narcotics abuse by civil servants in Gorontalo City. (2) As well as efforts to overcome narcotics abuse by civil servants in Gorontalo City. The type of research used by researchers in compiling this research is empirical research. The approaches used by researchers in compiling this research include: Legislative Case approach. The results of the research show (1) that the factors causing narcotics abuse involving civil servants in Gorontalo City are caused by several factors, both internal and external factors, internal factors namely trying to abuse narcotics, and external factors namely trying to abuse narcotics. environmental factors of residence and social environment. (2) And efforts to overcome narcotics abuse by Civil Servants are carried out starting from preventive efforts carried out through counseling and outreach about the dangers of narcotics, repressive efforts in the form of law enforcement actions carried out by the Gorontalo Regional Police and Class IIA Prisons in Gorontalo City, and carrying out rehabilitation efforts social and physical, apart from carrying out regular urine tests in every agency, there must be regular outreach and strict legal action against civil servants who abuse narcotics. The results of this research recommend (1) that punishment in Indonesia be increased in implementing sanctions against criminals, especially narcotics perpetrators. (2) Existing facilities and infrastructure in correctional institutions are improved and professional staff are added to correctional institutions so that their guarding can be more effective.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL Melani Sukma Laido; Kindom Makkulawuzar; Jupri, Jupri
Unisan Law Review Vol 8 No 1 (2024): APRIL
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v8i1.822

Abstract

This research aims to determine legal protection for child victims of sexual violence in Gorontalo City as well as factors inhibiting legal protection for child victims of sexual violence in Gorontalo City. This research is empirical legal research, namely legal research that examines law by conceptualizing it as real behavior (actual behavior), as an unwritten social phenomenon, which is experienced by everyone in social life. The results of the research show that, First, legal protection for child victims of sexual violence refers to Law Number 35 of 2014 concerning Child Protection and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence which aims to provide protection for the dignity and honor of a child. Second, the obstacles in implementing legal protection for children who are victims of criminal acts of sexual violence in Gorontalo City in the research results are caused by several factors, namely internal factors of the child, factors of the victim's family, community factors, and factors or facilities. The recommendations in this research are (1) Legal protection for children as victims of sexual violence, apart from being carried out based on applicable law, the government must collaborate with all elements so that criminal acts of sexual violence can be prevented from an early stage. (2) The government must routinely carry out outreach and guidance to all parties and the community to prevent and dare to report suspected criminal incidents of sexual violence.
EFEKTIVITAS HUKUM PENGGUNAAN CCTV SEBAGAI ALAT BUKTI DALAM PENEGAKAN HUKUM TINDAK PIDANA PENCURIAN DI KOTA GORONTALO Verencia Pricilia Ponto; Kindom Makkulawuzar; Haritsa, Haritsa
Unisan Law Review Vol 8 No 1 (2024): APRIL
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v8i1.823

Abstract

This research aims to (1) evaluate the legal effectiveness of using Closed Circuit Television (CCTV) as evidence in combating theft crimes in Gorontalo City within the framework of Criminal Procedure Law. (2) Identify challenges associated with the use of CCTV recordings as evidence in the law enforcement of theft crimes in Gorontalo City, specifically in relation to Criminal Procedure Law provisions. Employing a normative-empirical research approach, the study utilizes literature review and field studies for data collection. Findings reveal that (1) CCTV's effectiveness in law enforcement against theft crimes in Gorontalo City serves a crucial role as investigative guidance and court evidence. During investigations, CCTV aids in perpetrator identification and evidence collection. In court, CCTV recordings offer a clear depiction of criminal events, reinforcing the case. (2) Main challenges in using CCTV as evidence in theft crime law enforcement stem from two factors. First, potential poor quality of CCTV images may hinder event identification, complicating investigations if recordings miss crucial details due to internal or external factors. Second, inadequate maintenance of CCTV facilities poses obstacles in perpetrator identification. Addressing these factors is crucial for effective law enforcement against theft crimes. The research recommends improving CCTV installations to leverage recordings as investigative leads. Residents of Gorontalo City are urged to install CCTV in vulnerable areas for prevention and identification of theft activities. Clarity in laws governing the use of CCTV as evidence is essential, and involvement of digital forensic experts is recommended to enhance effectiveness and reliability in investigations and court proceedings.
ANALISIS HUKUM TERHADAP PENGALIHAN OBJEK JAMINAN FIDUSIA DIBAWAH TANGAN irwan, irwan
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.873

Abstract

In providing assistance in the form of loan funds to the debtor, the creditor asks for debt collateral from the debtor. The collateral can be in the form of movable objects, both tangible and intangible, and immovable objects, especially buildings which cannot be encumbered with mortgage rights, which are often called fiduciary guarantees. Definition of Fiduciary Guarantee according to Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantee is a security right for movable objects, both tangible and intangible and immovable objects, especially buildings which cannot be encumbered with mortgage rights as intended in Law Number 4 of the Year 1996 concerning Mortgage Rights which remain in the control of the fiduciary, as collateral for the repayment of certain debts, which gives the Fiduciary Recipient a preferred position over other creditors. In a fiduciary agreement, the object that is used as the object of the fiduciary guarantee remains in the control of the owner of the object (debtor) and is not controlled by the creditor, so in this case it is handing over ownership of the object without handing over the physical object. The creditor entrusts the debtor to continue to use the collateral according to its function. However, even though the collateral remains in the control of the debtor, the debtor must have good faith to maintain the collateral as well as possible. Debtors are not permitted to transfer or lease to other parties objects of fiduciary security which are not inventory items without the approval of the creditor, because objects whose control is in the hands of the debtor are very risky to change hands. Transferring the object of fiduciary collateral under your own hands will have legal risks in the future. The debtor will be legally disadvantaged if the other party breaks their promise, hoping that that party wants to help pay the debt from the debtor to the creditor but in fact the party breaks their promise. The transfer of an object that is the object of a fiduciary guarantee under the hand is an imperfect transfer because the proof of ownership of an object of fiduciary guarantee is temporarily held by the party receiving the fiduciary as collateral. Before the fiduciary recipient executes the object that is the object of the fiduciary guarantee, it must be ensured that the object has been registered at the fiduciary registration office. If there is a transfer of rights to a fiduciary collateral object under the hands of the fiduciary giver or debtor, the fiduciary recipient can take legal action by executing the object that is the object of the fiduciary guarantee even though the object is controlled by another party.
PERLINDUNGAN HUKUM TUNJANGAN HARI RAYA PEKERJA YANG TIDAK DI BERIKAN OLEH PT GUNBUSTER NICKEL INDUSTRI (GNI) SULAWESI TENGAH pakaya, asriani; Nur Insani; Aliyas, Aliyas
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.981

Abstract

ASRIANI. H1120013. LEGAL PROTECTION OF WORKERS' HOLIDAY ALLOWANCES IGNORED BY PT.GUNBUSTER NICKEL INDUSTRI (GNI) CENTRAL SULAWESI This research aims to find out: (1) the legal efforts of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi, and (2) the legal protection of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi. This research employs an empirical juridical legal research method. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions on any specific legal events that occur in society. The research results indicate that: (1) The legal efforts of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi are carried out based on mutual agreement betweenworkers and companies without coercion so that there is no religious holiday allowance for workers, (2) To find out thelegal protection of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi protection provided by the company to workers in the form of safety at work and the company's concern for its workers. The protection of workers is regulated in Law No. 13 of 2003 and the Regulation of the Minister of Labor providessanctions against companies that do not provide holiday allowances to workers in the form of written warnings, restrictions on business activities, temporary suspension of production equipment partially or completely, and suspension of business activities. (1) Obstacles come from the workers themselves because of the low level of education and the feeling of fear so that workers do not question or set aside the rights they should get. (2) Sanctions should be stricter than administrative sanctions. Additional sanctions such as imprisonment are expected to reduce the level of violation of religious holiday rights. Keywords: worker protection, THR, Regulation of the Minister of Labor No.6 of 2016
Pertanggungjawaban KPU Terhadap Penggunaan Sirekap Pada Pemilu Serentak 2024 Harun, Daeng; Djafar, Marwan; Pede, Albert
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.995

Abstract

Abstract: The purpose of this study is to determine and evaluate the form of KPU's responsibility for the use of sirekap in the 2024 Election. The research method used in this research is the normative research method by taking a statutory approach. The findings or results of this study are in the form of many mistakes that occurred in the 2024 election process due to sirekap, as for the findings, namely the Association for Elections and Democracy (Perludem) Foundation received complaints regarding the use of Sirekap which could not be accessed and could not even be used on voting day. This situation forced KPPS officers to upload C results to Google Drive, while the number of valid votes at polling stations was higher than the number of voters per polling station. Under these conditions, every upload of voting results by KPPS must go through a verification process before being displayed in the election results diagram on the KPU website. However, due to the accumulation of unverified data, some data was hampered to be displayed, so the KPU closed the temporary election result diagram on the day of the recapitulation. The issue of using Sirekap was also discussed in the election result dispute hearing held at the Constitutional Court. Sirekap mobile takes data from the C1 form. The results are made by handwriting using Optical Character Recognition (OCR) technology, but the writing on the C1 form which is handwritten by KPPS members at 822 thousand polling stations is difficult to read by OCR. The camera aspect is also a factor, because Sirekap mobile is installed on each KPPS mobile phone (hp) with different brand quality, so there are differences in the uploaded C1 form; some are clear, dim, white, or yellowish. In addition, folded paper can also cause misinterpretation by OCR.
Analisis Pengabulan Izin Poligami Dengan Alasan Menghamili Calon Istri Kedua (Putusan Pengadilan Agama Perkara Nomor 556/Pdt.G/2021/PA.Gorontalo Hasan, Tia; Nusa, Aprianto; Arpin, Arpin; Aliyas, Aliyas
Unisan Law Review Vol 10 No 1 (2025): April
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v10i1.1018

Abstract

As for the results of the research (1), the judge's considerations regarding the granting of polygamy were based on juridical considerations, namely that the panel of judges granted their decision because of the applicant's acknowledgment that he was able to support his wife, act fairly, and take responsibility for his actions in causing the prospective second wife to become pregnant. Furthermore, the sociological consideration is that the judge in deciding the case regarding the application for polygamy due to pregnancy out of wedlock which has fulfilled the requirements for polygamy (2) There are three legal consequences in granting the application for a polygamy permit. Firstly, the parties referred to here are the husband, first wife and second wife who have responsibilities, rights and obligations according to the same roles. The second is that the position of children is the same as long as the child is from a valid marriage or the legal status of a child born outside of a valid marriage has been validated. And the third is regarding property, namely that the second wife cannot inherit the assets inherited from the first wife with the rules in Islamic. Judges should always be careful in deciding a case because people will think it is very easy of a request for permission for polygamy at the Religious Court is quite reasonable because of pregnancy.
Analisis Kriminologi Terhadap Fenomena Bunuh Diri di Kota Gorontalo Al amry, Ilham; Darmawati, Darmawati; Haritsa, Haritsa
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.1047

Abstract

This research aims to find the factors causing suicide and to determine theefforts to overcome suicide by the Gorontalo City Resort Police. The researchmethod used is empirical legal research, namely, legal research thatexamines implementing laws and regulations in the field. The results of thisstudy indicate that the causes of suicide in the jurisdiction of the GorontaloCity Resort Police, namely the economic factor, namely the victim is knownentangled in a large amount of debt, the romance or love factor, and thedepression factor which is a triggering factor for the decision to end life bycommitting suicide. The efforts to overcome suicide cases in Gorontalo Citycarried out by the police are by conducting socialization and counselingefforts as well as assistance efforts carried out in collaboration withpsychologists, especially for victims of attempted suicide. From the results ofthis research, the recommendation is that the government should increaseintegrated efforts in terms of growing awareness of values and recognizingforms of suicide deviations. The public can play a more active role indeveloping suicide prevention awareness as early detection of familymembers, especially those who have serious problems leading to depression

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