JURNAL LEGALITAS
https://ejurnal.ung.ac.id/index.php/JL
<table style="width: 760px;"><colgroup><col /><col /><col /></colgroup><tbody><tr><td><em><img src="/public/site/images/novendri_jlr/journalThumbnail_en_US.jpg" alt="" /><img src="/index.php/jjsd/manager/saveSetup/" alt="" /></em></td><td style="width: 150px;"><strong>Journal Title</strong><br /><strong>Journal Abbreviation</strong><br /><strong>Frequency</strong><br /><strong>Publication Language</strong><br /><strong>DOI</strong><br /><strong>Print ISSN</strong> <br /><strong>Online ISSN</strong><br /><strong>Editor-in-Chief</strong><br /><strong>Publisher</strong><br /><strong>Country</strong><br /><strong>OAI Address</strong></td><td><strong>: Jurnal Legalitas</strong><br /><strong>: J. Legalitas</strong><br /><strong>: Biannual (April And October)</strong><br /><strong>: Indonesia, English</strong><br /><strong>: <a href="/index.php/JL" target="_self">10.33756</a></strong><br /><strong>: <a title="Print Online" href="https://portal.issn.org/resource/ISSN/1979-5955" target="_blank">1979-5955</a></strong><br /><strong>: <a title="Online ISSN" href="https://portal.issn.org/resource/ISSN/2746-6094" target="_blank">2746-6094</a></strong><br /><strong>: Jufryanto Puluhulawa</strong><br /><strong>: Faculty of Law, Universitas Negeri Gorontalo</strong><br /><strong>: Indonesia</strong><br /><strong>: http://ejurnal.ung.ac.id/index.php/jelta/oai</strong></td></tr></tbody></table>Universitas Negeri Gorontaloen-USJURNAL LEGALITAS1979-5955<p><strong>Authors who publish with this journal agree to the following terms:</strong></p><ol><li>The journal holds the copyright for each article published with work licensed simultaneously under a <a href="http://creativecommons.org/licenses/by-nc/4.0/" rel="license">Creative Commons Attribution-NonCommercial 4.0 International License</a>, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal. </li><li>Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.</li></ol>Urgency of Renewal of the Joint Ministerial Regulation on the Establishment of Houses of Worship: A Legal Analysis of the Status and Position
https://ejurnal.ung.ac.id/index.php/JL/article/view/20305
<p>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.</p>Juliarto Sumilat
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2023-06-222023-06-2216213715310.33756/jelta.v16i2.20305Ius Constituendum of Electronic Evidence Arrangement in Criminal Procedure Law
https://ejurnal.ung.ac.id/index.php/JL/article/view/20306
<em>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.</em>Mustalim Lasaka
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2023-06-232023-06-2316215416610.33756/jelta.v16i2.20306Harmonizing the National Legal System Through the Formation of Ideal Legislation
https://ejurnal.ung.ac.id/index.php/JL/article/view/19941
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.Moh. Fahriyanto Marikar
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2023-07-042023-07-0416216717810.33756/jelta.v16i2.19941Socio-Legal Analysis Of The Utilization Of Letter Of Credit In International Business Transactions In Batam City
https://ejurnal.ung.ac.id/index.php/JL/article/view/19918
<em>The provisions governing the Letter of Credit (L/C) in the form of customs and practices commonly used in international trade are called the Uniform Customs and Practice for Commercial Documentary Credit (UCP), issued by the International Chamber of Commerce (ICC). This research aims to analyze the effectiveness issues of the letter of credit in international transactions in the banking sector using Soerjono Soekanto's Theory of Legal Effectiveness. The research adopts empirical legal research through a socio-legal approach. Primary data is obtained from in-depth interviews, while secondary data is collected from literature studies. All data are analyzed using qualitative methods. It has been found that the application of the Letter of Credit (L/C) in international transactions in the banking sector in Batam City is not effectively implemented based on legal factors, law enforcement factors, and societal factors. There are still obstacles and solutions needed for the creation of an effective Letter of Credit (L/C) in international transactions in the banking sector in Batam City</em>Triana Dewi SerojaRina Shahriyani ShahrullahJefri Kurniawan
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2023-07-052023-07-0516217919710.33756/jelta.v16i2.19918Discourse Of Electronic Evidence-Based Police Investigation In The Era Of Digital Transformation
https://ejurnal.ung.ac.id/index.php/JL/article/view/20901
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.Famudin Famudin
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2023-07-192023-07-1916219821610.33756/jelta.v16i2.20901Marine Waste Management Policy As An Effort To Prevent Environmental Pollution And Sustainability Of Marine Ecosystems: Indonesia Perspective
https://ejurnal.ung.ac.id/index.php/JL/article/view/21158
<p>This article aims to explain the Marine Waste and its handling policies and how is Efforts to Prevent Pollution. The vast expanse of Indonesia's maritime territory has led to the accumulation of waste in the sea. This waste has significant implications for the sustainability of human life, marine biota, and the marine environment. The research findings reveal that plastic waste occupies the foremost position among all types of waste found in Indonesian waters. Although Indonesia already has regulations governing marine waste, such as Presidential Regulation of the Republic of Indonesia Number 83 of 2018, concerning Marine Waste Management, the implementation of these regulations has not been fully maximized. There is a need for regulations that support the reduction and management of plastic waste, both upstream and downstream. Effective enforcement of regulations requires the collaboration of law enforcement agencies, society, and private entities that are committed to environmental conservation. By doing so, not only can the seas be protected from pollution, but sustainable development can also be realized.</p>Ferina Ardhi CahyaniBelardo Prasetya Mega JayaDani Wijaya
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2023-10-152023-10-1516221723310.33756/jelta.v16i2.21158Criminal Responsibility for Children Who Perpetrate Serious Abuse to Achieve Justice In Society
https://ejurnal.ung.ac.id/index.php/JL/article/view/21377
This article is an analysis of cases of serious abuse by child perpetrators, which were analyzed normatively using a statutory approach. The results of the analysis show that the age limit for criminal responsibility for children who commit serious abuse cannot be the same because each child has a different development process which affects their maturity in thinking. If the child's age is used as the only basis for consideration in deciding a child's case, then children who are perpetrators of criminal acts who are not yet 12 (twelve) years old cannot be given any sanctions in the form of actions or criminal penalties and to children who are not yet 14 (fourteen) old. years can only be given sanctions in the form of action. It is feared that this will become a legal loophole so that cases of crimes by children will continue to occur. The best interests of the child must be fought for for the child's optimal growth and development, but justice for the community, especially for the victim, must also be achieved, especially if the victim is also a child who must receive protection. Forensic psychologists are needed to assess and provide an overview of the psychological condition of children who have suffered serious abuse. So, when deciding on children's cases, the judge will refer to 2 (two) things, namely the age limit for criminal responsibility for children and the results of forensic psychological examinations. There is a need for reformulation in Article 21 paragraph (1) and Article 69 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by adding the results of forensic psychological examinations as a basis for consideration in deciding juvenile cases.Febrianika Maharani
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2023-10-162023-10-1616223424710.33756/jelta.v16i2.21377The Comparative Law Study: E-Commerce Regulation in Indonesia and Singapore
https://ejurnal.ung.ac.id/index.php/JL/article/view/20463
Indonesia and Singapore were the founding members of an economic and geopolitical organization of countries in the Southeast Asian region called the Association of Southeast Asian Nations (ASEAN). ASEAN mandates each member country to create regulations and policies related to e-commerce transactions through the 1999 ASEAN Summit. This paper is a normative study and aims to analyse the development of e-commerce regulations in Indonesia and Singapore by utilizing comparative and statute approaches. The result of the study finds out that Singapore has designed its e-commerce master plan since 1998, meanwhile, Indonesia started to develop the master plan related to e-commerce a decade late than Singapore through the Acceleration and Expansion of Indonesian Economic Development program (MP3EI), which launched in 2011. Indonesia has regulated a few components related to e-commerce, but some are still partial and spread in a few regulations. This paper recommends governments unify all e-commerce components regulations into one act that can cover legal protection and become the basis of procedure regulation related to e-commerce in Indonesia. The usage of the Trustmark stamp and online registration procedure for the e-commerce activities required by Singapore can be enforced in Indonesia as a solution to problems that occur in e-commerce activity in Indonesia.Mohamad Rivaldi MohaAhmad AhmadAmanda Adelina HarunNurul Fazri Elfikri
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2023-10-302023-10-3016224825910.33756/jelta.v16i2.20463