Legalitas: Jurnal Hukum最新文献

{"title":"Diskursus Pembatasan Kekuasaan di Indonesia Dalam Perspektif Konstitusi dan Konstitusionalisme","authors":"Erham Erham*, Aman Ma’arij, Gufran Gufran","doi":"10.33087/legalitas.v16i1.595","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.595","url":null,"abstract":"The purpose of this research is to describe the constitution as the most important legal document. The constitution is a very important rule for every nation and state, both those that have been independent for a long time and those that have just gained their independence. Because the state is an organization of power that includes a very large number of people, it is necessary to have a system of control (an effective system of restrictions). This is done through law (both written and unwritten, namely the constitution or basic laws). This research method is legal research. This article is the result of research on the issue of limiting the power of state government in terms of the constitution and the underlying constitutionalism. The discourse regarding limiting power is an integral part in countries that base themselves on constitutional democracy, such as the Republic of Indonesia, where the constitution actually acts as an instrument or means for regulating and controlling power.The idea that government power needs to be limited because the State is run by humans and that humans are without exception inherent in many weaknesses. His proposition which later became famous reads as follows: \"humans who have power tend to abuse that power, but humans who have unlimited power will certainly abuse it in an unlimited way (power tends to corrupt, but absolute power corrupts absolutely)","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"4 s9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834342","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}

{"title":"Urgensi Penyatuan Lembaga Penegak Hukum di Laut Indonesia","authors":"Andi Muhammad Ridha, Moh Heri, Bayu Tri Setiaji","doi":"10.33087/legalitas.v16i1.556","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.556","url":null,"abstract":"In its efforts to enforce law at sea, Indonesia has 13 law enforcement agencies at sea. Six of these institutions have maritime patrol task forces. The number of law enforcement agencies in Indonesian seas is considered negative by several parties because of the potential for the authority of each agency to overlap. This research aims to find out what the condition of maritime law enforcement agencies in Indonesia is and what are the considerations for unifying maritime law enforcement agencies in Indonesia. This research is normative research related to maritime law enforcement agencies in Indonesia. There are at least 13 law enforcement agencies in Indonesian seas. The unification of maritime law enforcement agencies in Indonesia is necessary because unclear roles and authority, as well as a lack of coordination between agencies, have resulted in ineffectiveness in law enforcement and maritime security management. Indonesia needs unification of authority to strengthen all security, safety and maritime law enforcement functions in Indonesia","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"226 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834205","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}

{"title":"Efektivitas Ketentuan Insentif dan Disinsentif Terkait Perizinan Pemanfaatan Ruang Pada Zona Perdagangan dan Jasa Berdasarkan Perda Nomor 5 Tahun 2012 Tentang Rencana Tata Ruang Wilayah Kota Sungai Penuh Tahun 2011 – 2031","authors":"Harifinal Harifinal, Abdul Bari Azed, S. Supeno","doi":"10.33087/legalitas.v16i1.590","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.590","url":null,"abstract":"Even though the Regional Regulation on the Regional RTRW of Sungai Banyak City has been stipulated, the use of existing space is not yet in accordance with the plans that have been determined. This is indicated by the fact that the building does not meet the building construction requirements for both KDB, GSB and KDH. Provisions on Incentives and Disincentives Related to Licensing for Space Utilization in Trade and Service Zones based on the Regional Regulation on the RTRW of Sungai Banyak City have not been implemented effectively, this can be seen from the 182 Building Approvals that have been issued by the Sungai Full City Government from 2021 to 2023, they are not implemented provisions for incentives and disincentives for controlling space utilization. Factors that become obstacles include the fact that the Regional Regulation has not yet been established, there is still a lack of Satpol PP members, the facilities and infrastructure are still not complete, the community's legal awareness is still low, and people are building houses using the process of adjunct direction from traditional institutions. The efforts made by the Regional Government of Sungai Banyak City to overcome these obstacles include drafting the Draft Regional Regulation on the RTRW Revision, proposing additional members of the Civil Service Police Unit, maximizing honorary personnel, procuring facilities and infrastructure, socializing the Regional Regulation on Spatial Planning to the community, collaborating with traditional institutions in the planning process , utilization and control of the spatial planning of Sungai Banyak City.","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"213 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834228","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}

{"title":"Pemidanaan Terhadap Pelaku Tindak Pidana Kekerasan Dalam Rumah Tangga Oleh Suami Terhadap Istri","authors":"Nyimas Enny Fitriya Wardhany","doi":"10.33087/legalitas.v16i1.588","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.588","url":null,"abstract":"Domestic violence, especially that committed by husbands against their wives, is actually not a new thing. However, so far it has always been kept secret or covered up by the family, as well as by the victim himself or the family. Violence that occurs in the household contains something specific or special. The impact of violence experienced by wives can have psychological consequences such as anxiety, moodiness, depression, insecurity, loss of trust in their husbands, self-blame and so on. Physical consequences such as bruises, broken bones, physical disabilities, menstrual disorders, uterine damage, miscarriages, infectious diseases, psychomatic diseases and even death. Therefore, this article aims to analyse the punishment of perpetrators of domestic violence by husbands against wives.","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"5 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834273","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}

{"title":"Sanksi Adat Terhadap Pelaku Tindak Pidana Perzinaan di Desa Tangkit Kecamatan Sungai Gelam Kabupaten Muaro Jambi","authors":"I. Hidayat, M. C. Idrah","doi":"10.33087/legalitas.v16i1.591","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.591","url":null,"abstract":"This research discusses customary sanctions against perpetrators of criminal acts of adultery in Tangkit Village, Sungai Gelam District, Muaro Jambi Regency. The formulation of the problem of this research is how the existence of customary sanctions in the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency, what are the obstacles faced in resolving the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency and what efforts are made to overcome the obstacles to the criminal act of adultery through customary law in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency. To analyse these problems, the approach used in research on customary sanctions against perpetrators of adultery in Tangkit Village, Sungai Gelam District, Muaro Jambi Regency as one of the sources of law is empirical, namely an approach to the problem studied by looking at the provisions contained in the applicable laws and regulations and then whether the regulations are applied properly or not in the implementation of law enforcement. To examine the three existing problems, the theory of criminal sanctions is used. The results of this study indicate that the form of settlement of adultery cases in Tangkit Village, Sungai Gelam Subdistrict, Muaro Jambi Regency is carried out in a way, namely: expulsion from the village / village but previously a village wash was held first, namely giving one buffalo, 100 bushels of rice, 50 coconuts and selemak semanis. Then the perpetrator apologised for his actions and signed the peace agreement on a stamp duty of RP. 6,000.00 (Surat Setih) in 8 (eight) copies to be forwarded to the Regent, local police, sub-district head, village head, customary chief, relatives and the person concerned. The customary decision must be implemented by the perpetrator with a maximum grace period of 3 months to implement it. When the sanctions have been imposed by the customary institution for adultery, but the perpetrator is unable to fulfil them, the customary institution obliges the extended family of each party to participate in the customary settlement. Problems encountered in the settlement of adultery cases in Tangkit Village, Sungai Gelam Sub-District, Muaro Jambi Regency, namely: There is a difference of opinion between the enforcement of customary punishment between the youth and the tengganai elders and adultery cases that are resolved by national criminal law, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrator. Efforts to overcome the problems that occurred included a personal approach from the youth and tengganai elders to continue to apply customary criminal law as the original law of the Indonesian people, by means of all parties deliberating in a traditional meeting to weigh the advantages and disadvantages of national criminal law and customary criminal law and finally in a ","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834346","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}

{"title":"HAM Beragama dalam perspektif Filsafat Ilmu Hukum","authors":"Fatriansyah Fatriansyah, Bunyamin Alamsyah","doi":"10.33087/legalitas.v16i1.589","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.589","url":null,"abstract":"Religious human rights have a very important position. Religious Human Rights are autonomous as a consequence of God-given nature for human glory. In modern thought, these natural rights can be formulated humanistically through rational reasoning without having to relate to the existence of God. Therefore, human rights must be fully given the same freedom and opportunity.","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"95 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834442","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}

{"title":"Analisis Yuridis Terhadap Putusan Pengadilan Negeri Jambi Nomor: 276/Pid.Sus/2023/PN.Jmb Dalam Perkara Tindak Pidana Pencabulan Terhadap Anak","authors":"Indah Rizeki Febriani Sari, S. Sahabuddin, R. A. Gani","doi":"10.33087/legalitas.v16i1.592","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.592","url":null,"abstract":"Children are a gift given by God Almighty, whether a man or a woman. Children are the future successors of the nation who will be the country's main asset to achieve prosperity in the future. Therefore, it is appropriate for children to receive good treatment by being cared for, educated, looked after and protected by the state. However, currently there is still a lot of violence against children, especially in the form of sexual violence. The objectives of the research are 1.) To find out and analyze how the judge considered in deciding case Number 276/Pid.Sus/2023/PN Jmb., 2.) To find out and analyze the judge's decision in case Number 276/Pid.Sus/2023/PN Jmb. has fulfilled the sense of justice or not","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"104 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834529","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}

{"title":"Perencanaan dan Penggunaan Alokasi Dana Desa (Studi Kasus Desa Sungai Bertam, Kecamatan Jambi Luar Kota, Kabupaten Muaro Jambi)","authors":"Nazifah Nazifah, Nadia Indah Sari","doi":"10.33087/legalitas.v16i1.576","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.576","url":null,"abstract":"Penelitian ini bertujuan untuk mengetahui perencanaan dan penggunaan alokasi dana desa, kendala dan Upaya mengatasi kendala dalam perencanaan dan penggunaan alokasi dana desa ,Studi Kasus Desa Sungai Bertam Kecamatan Jambi Luar Kota, Kabupaten Muaro Jambi. Tipe penelitian yang digunakan adalah yuridis normatif dengan pendekatan socio legal research, tekning pengumpulan data dengan cara wawancara menggunakan metode purposive sampling dengan informan yaitu kepala desa tahun 2023 Metode analisis data menggunakan Teknik deskriptif analytic. Hasil penelitian menunjukkan bahwa Proses pengelolaan alokasi dana desa sudah melalui tahap perencanaan yang melibatkan partisipasi Masyarakat dengan prioritas Pembangunan fisik berupa jalan rabat beton dan sumur bor hanya saja dalam pelaksanaannya terdapat beberapa kendala cuaca dan kerusakan alat sumur bor yang tidak di prediksi dalam proses perencanaan sehingga dapat menghambat Pembangunan","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"12 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834198","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}

{"title":"Pertanggungjawaban Pidana Tenaga Medis Yang Melakukan Pengguguran Kandungan","authors":"Muhammad Bima Alfaresi, Muhmmad Zen Abdullah, Sarbaini Sarbaini","doi":"10.33087/legalitas.v16i1.587","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.587","url":null,"abstract":"Medical personnel have a code of ethics in carrying out their duties in providing health services to patients. However, it is found that medical personnel perform abortion, then this fulfils the elements of a criminal offence and is accountable as stipulated in the Criminal Code (KUHP) prohibiting abortion without exception, then the Law of the Republic of Indonesia Number 36 Year 2009. Therefore, this article aims to analyse the Criminal Liability of Medical Personnel Who Perform Obstetric Miscarriages","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"90 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834394","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}

{"title":"Perlindungan Hukum Terhadap Debitor Terhadap Penarikan Objek Jaminan Yang Masih Terikat Dalam Hubungan Perlindungan Angsuran Kreditur Debitur","authors":"Aidil Munsaf, Suzanalisa Suzanalisa, Fatriansyah Fatriansyah","doi":"10.33087/legalitas.v16i1.586","DOIUrl":"https://doi.org/10.33087/legalitas.v16i1.586","url":null,"abstract":"Finance companies in providing financing credit to their consumers use a Fiduciary guarantee system. Legal protection for debtors upon withdrawal of fiduciary collateral objects following the constitutional court decision Number 2/PUU-XIX/2021 has been regulated in a preventive and repressive manner. Preventively, legal protection for debtors upon withdrawal of fiduciary collateral objects has been regulated in the provisions of the Fiduciary Guarantee Law which was then confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012. Apart from that, preventive protection is also emphasized in the Constitutional Court Decision Number 2/PUU-XIX/2021 in conjunction with the Constitutional Court Decision 18/PUU-XVII/2019. If the debtor objects to having his vehicle taken, the leasing party or debt collector may not take the vehicle by force. This vehicle may be taken if there has been a court decision with permanent legal force. What the public needs to know is that the way to enforce unlawful acts committed by consumers who are in arrears on motor vehicle loans is by applying for execution in court, not by being taken by force. as for how to deal with Finance business actors and Debt Collectors who carry out their work.","PeriodicalId":387350,"journal":{"name":"Legalitas: Jurnal Hukum","volume":"155 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141834420","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}