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Jurisprudentie
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 23559640     EISSN : 25805738     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURISPRUDENTIE : JURUSAN ILMU HUKUM FAKULTAS SYARIAH DAN HUKUM IS TO PROVIDE A VENUE FOR ACADEMICIANS, RESEARCHERS, AND PRACTITIONERS FOR PUBLISHING THE ORIGINAL RESEARCH ARTICLES OR REVIEW ARTICLES. THE SCOPE OF THE ARTICLES PUBLISHED IN THIS JOURNAL DEALS WITH A BROAD RANGE OF TOPICS IN THE FIELDS OF CRIMINAL LAW, CIVIL LAW, INTERNATIONAL LAW, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, ISLAMIC LAW, ECONOMIC LAW, MEDICAL LAW, ADAT LAW, ENVIRONMENTAL LAW AND ANOTHER SECTION RELATED CONTEMPORARY ISSUES IN LAW.
Arjuna Subject : -
Articles 208 Documents
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Stigmatization of Delinquent Children and Those in Conflict with the Law Meliana Kartika Herningsih; R. Rahaditya
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.56732

Abstract

This research examines Indonesia's legal framework through Law Number 11 of 2012 on the Juvenile Criminal Justice System (SPPA), which implements principles of restorative justice and diversion to protect children from stigmatization. Using normative juridical research with a legislative approach, this study analyzes how criminal policies based on restorative justice can prevent stigma while providing opportunities for behavioral improvement outside the formal legal process. The SPPA Law comprehensively regulates the protection of children's rights, particularly rehabilitation over punishment. Diversion offers a humane alternative that prevents developmental trauma and stigma. However, its implementation faces challenges including inadequate understanding of restorative justice principles among law enforcement officials and continuing negative public perceptions of children undergoing diversion. This research proposes strategies to strengthen restorative approaches that better protect children's futures while maintaining accountability.
The Role Of Immigration In Prevention And Supervision To Combat Human Trafficking Crimes In Indonesia Racheline Angel Monica; Boedi Prasetyo
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.56733

Abstract

Human Trafficking (TPPO) is one of the transnational crimes that continues to develop in Indonesia. This crime not only involves the exploitation of victims but also violations of state sovereignty. Immigration plays a strategic role in the prevention and supervision of human trafficking through travel document control, monitoring of border crossings at entry points, and collaboration with other agencies. This article aims to analyze the role of immigration in combating human trafficking in Indonesia, identify challenges faced, and provide recommendations to improve its effectiveness. Using a normative-empirical approach, this research shows that optimization of immigration supervision, utilization of technology, and enhancement of inter-agency cooperation are key to success in efforts to eradicate human trafficking.
Analisis Perbandingan Standar Pembuktian Pidana Indonesia-Amerika Serikat: Studi Alat Bukti DNA sebagai Bukti Tunggal Mochammad Ferdinan Adzhani; Handar Subhandi Bakhtiar
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.57059

Abstract

This study examines the legal standing of DNA evidence as a sole means of proof within the criminal justice systems of Indonesia and the United States. DNA, known for its scientific reliability and high accuracy in identifying perpetrators, has received substantial recognition in the United States. Under the “beyond a reasonable doubt” standard, DNA evidence in the U.S. can independently substantiate a conviction and serve as the sole basis for a guilty verdict. In contrast, Indonesia's evidentiary framework remains governed by the negatief wettelijk principle, which requires at least two valid pieces of evidence supported by the judge’s conviction to establish criminal liability. As a result, DNA evidence in Indonesia is generally considered corroborative rather than conclusive and cannot stand alone in court. This research adopts a normative juridical method, combining statutory analysis and conceptual interpretation to assess the legal treatment of DNA evidence in both jurisdictions. The findings emphasize the urgent need for Indonesia to reform its criminal procedure law to accommodate modern scientific evidence, such as DNA, as primary proof in specific cases. Recommendations include amending provisions in the Indonesian Criminal Procedure Code (KUHAP), enhancing forensic infrastructure, strengthening legal regulations, and improving the capacity of law enforcement personnel. With appropriate procedural safeguards and human rights protections, DNA evidence holds significant potential to be recognized as standalone proof within Indonesia’s criminal justice system. Keywords: DNA evidence, criminal evidence, Forensics
Legal Protection of the Right to Patient Safety in Obstetric and Gynecological Medical Services Fera Handayani; Abd. Rokhim
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.57376

Abstract

This article analyzes the concept of authority and the right to patient safety in obgyn medical services for legal protection for health human resources, patients, and the community. The purpose of the study is to analyze the legal protection of the concept of clinical authority and the right to patient safety in obgyn medical services in Indonesia, using normative juridical research with a legislative approach, conceptual approach, and comparison of secondary data in the form of regulations, Constitutional Court Decisions, books, legal magazines, articles and journals. The results and discussion state that the concept of health service authority is implemented through the determination of clinical authority by the head of the health facility, and Obgyn Doctors are authorized in medical services based on health service standards, medical service standards, and standard operating procedures. Protection of the right to patient safety in medical services is related to the function as a legal principle and fundamental norm of health services with equal rights and obligations between medical personnel and patients in a safer patient care system, including risk assessment, risk identification and management, reporting, incident analysis, learning from incidents and follow-up, and solutions to minimize risk and prevent injury.
Peran Dinas Sosial dalam Mendampingi Anak Yang Berkonflik Dengan Hukum di Kota Palangka Raya Salsabila; Syarifudin; Angelia, Novita Mayasari
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.57443

Abstract

The assistance of children in conflict with the law by the PalangkaRaya City Social Service is the implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), which prioritizes a restorative justice approach. This program aims to ensure the protection of children's rights, including the right to identity, rehabilitation, and social reintegration. Although there has been coordination between agencies, challenges such as limited facilities and human resources still hinder the effectiveness of mentoring. This study uses a qualitative approach with a focus on the role of the Social Service in assisting children involved in criminal acts. The findings show that mentoring is carried out through various mechanisms such as social advocacy, counseling, mediation, and social rehabilitation. However, the main obstacle in the implementation of this program is the lack of facilities of the Social Welfare Organizing Institution (LPKS) and the limitation of professionals, such as child psychologists. In addition, the lack of support from the family is also an obstacle in the rehabilitation of children. Collaboration between the Social Service, law enforcement officials, and educational institutions is needed to create more comprehensive assistance. This study suggests that facilities and human resources should be improved, as well as strengthen the role of families in the child rehabilitation process. With this approach, it is hoped that children who are in conflict with the law can have the opportunity for better recovery, without neglecting the rights of the victim. Keywords: Child Assistance, Juvenile Criminal Justice System, Social Services
The Effectiveness Of The Participatory Supervision Education Policy 'Empowered Women Supervise' Bawaslu North Sumatra lubis, Suryanti; Beby Masitho Batubara; Walid Musthafa Sembiring
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.57831

Abstract

The effectiveness of participatory monitoring education policy is a key factor in increasing women's involvement in election monitoring. This study analyzes the implementation model of the Women Empowered to Supervise program organized by Bawaslu North Sumatra. Using an empirical approach, this study explores how training programs, socialization, and collaboration with community organizations are able to increase the capacity of women as active and empowered election supervisors. The results show that comprehensive training has strengthened women's understanding of how to effectively monitor elections. Socialization through digital media and community-based approaches has succeeded in increasing women's awareness and involvement in election monitoring. In addition, collaboration with women's organizations, academics and youth groups expanded the reach of the program and provided support for women in facing challenges in the field. This study confirms that structured and sustainable participatory oversight education contributes to improving the quality of democracy and electoral transparency. With more inclusive and participatory policies in place, women can play a more significant role in maintaining electoral integrity in Indonesia.Keywords: Election Supervision, Women, Political Participation, Democracy, Bawaslu North Sumatra
Implementation of Good Governance in Reporting Financial Accountability Letter of Bawaslu North Sumatra Sihombing, Novaria; Nina Siti Salmaniah Siregar; M. Arif Nasution
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.58003

Abstract

This study aims to analyze the implementation of the principles of good governance in the reporting of the 2024 Election Financial Accountability Letter (SPJ) by the Election Supervisory Agency (Bawaslu) of North Sumatra Province. The main focus of the study includes the extent to which the principles of transparency, accountability, participation, responsiveness, effectiveness, efficiency, and rule of law have been applied in the SPJ reporting process. This research uses a descriptive qualitative approach with a case study method, data collection is carried out through in-depth interviews, documentation, and observation of reporting practices in the Bawaslu environment. The results showed that Bawaslu North Sumatra Province has tried to meet good governance standards, especially in the aspects of accountability and transparency through the use of a digital reporting system and the preparation of documents in accordance with the provisions. However, there are still some obstacles such as limited human resources, lack of technical training, and suboptimal public participation. This research recommends strengthening technical regulations, increasing human resource capacity, and involving civil society as strategies to strengthen accountability and transparency in the financial management of future elections.
Legal Aspects of the Construction of the Liang Patane Cemetery in North Toraja Tumbo, Asher; Bima Muttaqin, Elfran
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract: Legal Aspects of the Patane Cemetery Development which are made such as a house building made of wood or in the form of a permanent building, as a building either made of wood or permanently made on land owned by Tongkonan or privately owned land in terms of permitting, what are the rules that must be met in its construction according to national law, as well as how the customary law rules in the construction of the Liang Patane cemetery. The research method used in this study is the Empirical Juridical Law research method using historical, legal and sociological approaches. Data processing by collecting all data, both primary and secondary data, is then presented with a qualitative descriptive analysis method. The results of the study show that in terms of positive law, both National law and Regional Regulation, there is no rule that regulates knowing this in the National Law which is regulated only the provision of land for cemeteries, North Toraja Regional Regulations There is no regulation on this matter either in spatial planning regulations or regulations related to buildings. In terms of customary law, the construction of the Liang Patane Cemetery is regulated by various aspects ranging from the development plan for the placement of the Development Site and its work, apart from the development side of customary law also provides protection for the building itself which protects from destruction and theft as well as activities around the cemetery. Keywords: Patane Cemetery, Legal Aspects, Customary Law
The Principle of Freedom in Elections: Interpretation and Correlation with Democratic Governance Burhanuddin; Maskawati; Wahyu
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.58466

Abstract

Abstract: This article discusses one of the main principles in the implementation of elections, namely the principle of freedom. This principle is fundamental and serves to ensure the freedom of voters to make their political choices according to the will of the voters and without pressure, intimidation, or intervention from any party. This normative research uses conceptual and legislative approaches. Conceptually analyze the meaning of the free principle and its correlation with the formation of democratic government. The results of the study show that free elections are an absolute requirement for the birth of a democratic government. Intervention in the form of money politics and violations of the neutrality of state apparatus are the main factors that threaten freedom of choice and have the potential to damage the legitimacy of elections. Therefore, the protection of the principle of freedom needs to be strengthened in the legal and institutional framework because  it is considered very dangerous for the continuity of democracy and government that is in favor of the people.
PENILAIAN RISIKO MEDIS, MEDICAL ERROR DAN TANGGUNG JAWAB HUKUM Arimbi, Diah
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i1.58912

Abstract

Healthcare services are inherently complex and challenging activities, particularly in terms of medical risks and the potential for medical errors or malpractice. Medical risks, medical errors, and malpractice in healthcare are interconnected concepts that are interesting to examine together, as all three can have negative consequences for the patient's body. Therefore, it is essential to explore them further to distinguish between them clearly. This research aims to examine the legal aspects of the relationship between medical risk, medical error, and malpractice, as well as the potential legal liabilities that may arise in medical practice. The approach used is normative juridical, with primary sources including legislation, legal principles, and relevant scholarly literature. The findings suggest that medical risks are inherent consequences of any medical action, which cannot always be avoided, and do not imply negligence if performed in accordance with professional standards, ethics, and operational procedures. In contrast, medical errors refer to unintentional mistakes in the implementation or planning of medical actions, which still need to be evaluated to prevent recurring adverse impacts. Medical malpractice occurs when there is an element of negligence and a violation of professional standards that results in harm to the patient, potentially leading to both criminal and civil legal liability. By clearly distinguishing between medical risk, medical error, and malpractice, this research highlights the importance of therapeutic communication, the application of informed consent principles, and the need for balanced legal protection that balances both patient safety and medical personnel protection. Keywords: Medical risk, Medical error, Malpractice, Legal liability, Healthcare services.

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