JURNAL LEGALITAS最新文献

Discourse Of Electronic Evidence-Based Police Investigation In The Era Of Digital Transformation 数字化转型时代的电子循证公安侦查话语

JURNAL LEGALITAS Pub Date : 2023-07-19 DOI: 10.33756/jelta.v16i2.20901

Famudin Famudin

{"title":"Discourse Of Electronic Evidence-Based Police Investigation In The Era Of Digital Transformation","authors":"Famudin Famudin","doi":"10.33756/jelta.v16i2.20901","DOIUrl":"https://doi.org/10.33756/jelta.v16i2.20901","url":null,"abstract":": The integration of information technology with aspects of people's lives has had a significant impact on the development of law, one of which is the recognition of the existence of digital evidence in the evidentiary process. The purpose of this study is to analyze the implementation of the process of investigating and investigating criminal cases in the police based on electronic evidence in the era of digital transformation and its challenges in the Gorontalo Police Women and Children Protection Unit. This research method is empirical legal research. Primary data sources come from interviews and are supported by secondary data in the form of literature and laws and regulations. The data is then analyzed using descriptive analytical method. The results of the study show, first, that the legal regulation of police authority in investigating and investigating based on electronic devices in the PPA unit of Gorontalo Regional Police is also supported by Law of the Republic of Indonesia Number 02 of 2002 concerning Polri and Law of the Republic of Indonesia Number 8 of 1981 concerning Criminal Procedure (KUHAP) and Law of the Republic of Indonesia Number 19 of 2016 concerning Information and Electronic Transactions, but in the internal SOP specifically regarding the concept and mechanism of investigating and investigating based on electronic devices, it has not been clearly regulated. The challenges are the limitations of internal SOPs, human resources (HR), budgets, facilities and infrastructure and high sectoral ego both at the community level and the Office of Communication and Information or regional apparatus organizations as guardians or supporting electronic-based investigations and investigations.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125785970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Socio-Legal Analysis Of The Utilization Of Letter Of Credit In International Business Transactions In Batam City 巴淡市国际商业交易中信用证使用的社会-法律分析

JURNAL LEGALITAS Pub Date : 2023-07-05 DOI: 10.33756/jelta.v16i2.19918

Triana Dewi Seroja, R. Shahrullah, Jefri Kurniawan

引用次数: 0

Harmonizing the National Legal System Through the Formation of Ideal Legislation 通过理想立法的形成来协调国家法律体系

JURNAL LEGALITAS Pub Date : 2023-07-04 DOI: 10.33756/jelta.v16i2.19941

Moh. Fahriyanto Marikar

{"title":"Harmonizing the National Legal System Through the Formation of Ideal Legislation","authors":"Moh. Fahriyanto Marikar","doi":"10.33756/jelta.v16i2.19941","DOIUrl":"https://doi.org/10.33756/jelta.v16i2.19941","url":null,"abstract":": The purpose of this research is to find out and analyze an ideal formation of legislation in accordance with the times and the ideals of the Indonesian state as stated in the 1945 Constitution. This research uses the type of research used, namely normative-empirical (applied), which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on any specific legal events that occur in society. Based on the results of the research, the researcher can conclude that a systemic approach to achieving legal harmonization can be carried out through several principles of approach, namely: analysis of the legal system as a whole, harmony and consistency between various legal regulations, consideration of legal impacts on society, and involvement of stakeholders in the harmonization process. Then, regarding harmonization in laws and regulations in Indonesia, in reality, there are still problems in the application of the hierarchy of laws and regulations. Such as the unclear position of the MPR Tap and Ministerial Regulations and also the position of existing Legislation in Article 7 and Article 8 of Law Number 12 of 2011 concerning the Formation of Legislation which is still confusing and not harmonious. Furthermore, to overcome the problems and juridical issues that exist in the Hierarchy of Legislation in Indonesia at this time the researcher modifies the Hierarchy of Indonesian Legislation as follows, the first order is filled by the 1945 Constitution of the Republic of Indonesia then the second order is filled by the Central Level Legislation, and the last is filled by regional level Legislation.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128941874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ius Constituendum of Electronic Evidence Arrangement in Criminal Procedure Law 论刑事诉讼法中的电子证据安排

JURNAL LEGALITAS Pub Date : 2023-06-23 DOI: 10.33756/jelta.v16i2.20306

Mustalim Lasaka

{"title":"Ius Constituendum of Electronic Evidence Arrangement in Criminal Procedure Law","authors":"Mustalim Lasaka","doi":"10.33756/jelta.v16i2.20306","DOIUrl":"https://doi.org/10.33756/jelta.v16i2.20306","url":null,"abstract":": Electronic evidence as an instrument in proving criminal acts has not been regulated in the Criminal Procedure Code. Currently, electronic evidence is only regulated separately outside the Criminal Procedure Code, of course this is contrary to the negative wettelijk evidentiary system where the evidence that can be used is limited to 5 evidence contained in Article 184 of the Criminal Procedure Code. The existence of differences in the regulation of electronic evidence affects the law enforcement process to be unclear and overlapping, some special criminal regulations state that electronic evidence can stand alone outside the Criminal Procedure Code, while others categorize electronic evidence as an expansion of existing evidence in the Criminal Procedure Code. The existence of this unclear arrangement results in legal uncertainty. On that basis, this research is limited to two subjects, namely, the legal force of electronic evidence and the Ius constituendum of electronic evidence arrangements in the Criminal Procedure Code. Both of these are analyzed normatively using a statutory approach, conceptual approach and comparative approach. The results of this study indicate that currently electronic evidence is only categorized as evidence, not evidence. KUHAP as a reference rule in criminal procedure law must accommodate so that it needs to be revised and include 5 important points in the substance of KUHAP including, (1) electronic evidence; (2) the category of electronic evidence that can be used as evidence; (3) how to take electronic evidence; (4) checking the validity of electronic evidence; (5) the use of electronic evidence. The regulation of electronic evidence is expected to provide legal certainty in the evidentiary process by following technological developments.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114046115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Urgency of Renewal of the Joint Ministerial Regulation on the Establishment of Houses of Worship: A Legal Analysis of the Status and Position 《设立礼拜场所联合部级条例》更新的紧迫性:现状与立场的法律分析

JURNAL LEGALITAS Pub Date : 2023-06-22 DOI: 10.33756/jelta.v16i2.20305

Juliarto Sumilat

{"title":"Urgency of Renewal of the Joint Ministerial Regulation on the Establishment of Houses of Worship: A Legal Analysis of the Status and Position","authors":"Juliarto Sumilat","doi":"10.33756/jelta.v16i2.20305","DOIUrl":"https://doi.org/10.33756/jelta.v16i2.20305","url":null,"abstract":": This study discusses the urgency of renewing the Joint Regulation of the Minister of Religion Number 9 of 2006 and the Minister of Home Affairs Number 8 of 2006 related to the establishment of houses of worship. Researchers in studying the problem use normative legal research methods with a statute approach related to the legal issues being handled, namely examining PBM Numbers 9 and 8 of 2006. The author intends to legally analyze the status and position of the Joint Regulations of the Minister of Religion and the Minister Domestic Affairs is from the urgency aspect of its renewal. The author also uses a conceptual approach, which is intended to analyze existing legal material so that the meaning contained in legal terms can be known. The results of the study show that the importance of renewing the Joint Regulation of the Minister of Religion No. 9 of 2006 and Minister of Home Affairs No. 8 of 2006 to create legal certainty for regulatory products; there is an excess of authority in PBM and there are multiple interpretations in the regulation of religious matters. The existence of PBM gave way to the fulfillment and implementation of worship being taken over by the regions, even though Article 10 of the Law on Regional Government states that religious affairs are an absolute authority that may not be handed over to the regions.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"53 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128339799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ILO And Legal Protection For Indonesian Migrant Workers (Study Case: Adelina) 国际劳工组织与印尼移民劳工的法律保护(个案:Adelina)

JURNAL LEGALITAS Pub Date : 2023-04-28 DOI: 10.33756/jelta.v16i1.18627

N. Nasrullah, Logi Farman, Rian Ade Pangestu, Ardi Novasela Putra

引用次数: 0

The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms? 刑法草案中的死刑:规定和机制是什么?

JURNAL LEGALITAS Pub Date : 2023-04-28 DOI: 10.33756/jelta.v16i1.19473

Ruth Gracia Imanuela Matrutty, Judy Marria Saimima

{"title":"The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms?","authors":"Ruth Gracia Imanuela Matrutty, Judy Marria Saimima","doi":"10.33756/jelta.v16i1.19473","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.19473","url":null,"abstract":": This article aims to explain the discussion of the death penalty in the draft criminal code (RKUHP) with a review from the point of regulation and mechanism of its application. This research uses a normative juridical approach method to facilitate step by step in describing the discussion. After research, it can be concluded that the RKUHP regulates the death penalty as a special punishment which is always threatened alternatively with other types of punishment, namely life imprisonment or a maximum of 20 (twenty) years in prison. In addition, crimes are regulated in the Criminal Code (KUHP) and other special laws. When referring to the purpose of punishment described in the RKUHP, there is a distinction between the goal to be achieved and the method used. Some of the objectives of sentencing are not achieved by applying the death penalty. The use of the death penalty cannot contribute to the socialization of convicts and the settlement of conflicts caused by criminal acts. Considering that imprisonment as an alternative to death penalty has a negative impact on convicts, it is necessary to develop other alternatives. This alternative not only fulfills the purpose of punishment stipulated in the KUHP, but also becomes an alternative that is not detrimental to the convict.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125610655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Application Of Distributor Responsibility In Transboundary Haze Pollution Cases In Riau Based On Distrubutive Justice And Ethics 基于分配正义与伦理的分销责任在廖内省跨界雾霾污染案件中的适用

JURNAL LEGALITAS Pub Date : 2023-04-27 DOI: 10.33756/jelta.v16i1.19317

F. Indrasari

{"title":"The Application Of Distributor Responsibility In Transboundary Haze Pollution Cases In Riau Based On Distrubutive Justice And Ethics","authors":"F. Indrasari","doi":"10.33756/jelta.v16i1.19317","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.19317","url":null,"abstract":": Forest and land fires not only cause losses to the country of origin where the fire occurred, but also have an impact on other countries in the form of transboundary smoke pollution. The occurrence of transboundary smoke pollution that causes disruption to the environment of other countries is an act that is contrary to the principles of international law, especially those governing international environmental law. This research examines the worst forest and land fires that occurred in Riau. This research uses a doctrinal approach with consideration of research targets in the form of laws and regulations by examining the accuracy of arrangements, relations between norms and testing the norm system. The research approach analyzes legal theory, jurisprudence, and legal philosophy, and does not avoid the use of certain facts as support in research analysis. In this approach, the author analyzes the distributor's responsibility in the case of transboundary haze pollution in Riau. The result is that the parties responsible in the case of transboundary air pollution or Transboundary Haze Pollution in addition to the polluter, namely palm oil companies in Riau, also involve the state, in this case the Indonesian government as the party authorized to grant licenses and supervise the business licenses that have been issued, as well as being responsible as a contributor, namely the state of Singapore because of its financing to companies that cause air pollution in Riau. As well as making financiers, namely banks, one of the distributors in cross-border pollution in accordance with the polluter pays principle, which is the main principle that the polluter must be the payer.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134438064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Demanding Progressive Judges' Decisions for Fulfillment of Justice for Disputing Parties 要求进步法官的判决，为争议当事人伸张正义

JURNAL LEGALITAS Pub Date : 2023-04-17 DOI: 10.33756/jelta.v16i1.18435

Fence M. Wantu, Irlan Puluhulawa

{"title":"Demanding Progressive Judges' Decisions for Fulfillment of Justice for Disputing Parties","authors":"Fence M. Wantu, Irlan Puluhulawa","doi":"10.33756/jelta.v16i1.18435","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.18435","url":null,"abstract":": Basically, judges are the main actors organizing judicial power and at the same time as guardians of justice for litigants. Judge decisions that reflect law and justice simultaneously are not easy to realize. The objectives of this study are 1). To find out and analyze the development of progressive legal teachings through judges' decisions in court. 2). To find out and analyze the teachings of progressive law through judges' decisions and their influence on justice. The research method used is normative. The approaches taken are as follows: a). statute approach. b). Conceptual approach. c). Case approach. The sources of legal materials used consist of primary legal materials, secondary legal materials and tertiary legal materials. While the analysis used in this research is descriptive technique and comparative technique. The conclusions of this research are 1). The development of progressive legal teachings through judges' decisions in court is a must and cannot be negotiated anymore. 2). That the teachings of progressive law through judges' decisions and their influence on justice to answer the demands of the times today that judges' decisions are no longer only identical to the written legal rules contained in the law as taught by positivism, but judges' decisions are as much as possible able to provide welfare for the parties to the dispute and justice seekers and society in general.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126248310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Illegality Of Income Tax Evasion In Edo State: Adopting An Automated Income Tax System As A Panacea 江户州的非法所得税逃税:采用自动化所得税系统作为灵丹妙药

JURNAL LEGALITAS Pub Date : 2023-04-16 DOI: 10.33756/jelta.v16i1.19422

P. Aidonojie, Joseph Nwazi, Eruteya Ugiomo

{"title":"Illegality Of Income Tax Evasion In Edo State: Adopting An Automated Income Tax System As A Panacea","authors":"P. Aidonojie, Joseph Nwazi, Eruteya Ugiomo","doi":"10.33756/jelta.v16i1.19422","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.19422","url":null,"abstract":": In Nigeria, the governments are mandated to collect income tax from companies and individuals respectively. However, in Edo State, it has been observed that taxpayers often tend to evade their tax liability. Although, there are several provisions of the Personal Income Tax Act and judicial pronouncement prohibiting income tax evasion, however, income tax evasion in Edo State seem to be on the increase. It is in this regard, that this study tends to embark on a hybrid method of study concerning the causes of the current increase of income tax evasion in Edo State and proposing an automated income tax as a panacea. In this regard, 304 questionnaires were distributed to respondents resident in Edo State. Descriptive and analytical methods were adopted in analyzing the data obtained. The study, therefore, found that there are several causes of income tax evasion which include; inefficient and ineffective tax administration systems, corruption and inadequate information on the assets and income of the taxpayer. Furthermore, the study also found that the adoption of an automated income tax system could serve as a major solution to rectify the above identified challenges given its relevance and prospect, although, there are some challenges concerning an automated income tax system. It is, therefore, concluded and recommended that for there to be a level playing ground in further curtailing the incidence of income tax evasion in Edo State, there is a need to intensify the automated income tax system in curing some of the defects inherent in the system.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121157821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1