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All Journal Jurnal Legalitas Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jambura Law Review Jurnal Yuridis Dialogia Iuridica UNISKA LAW REVIEW Journal of Comprehensive Science (JCS) Reformasi Hukum Estudiante Law Journal Jurnal Ilmu Sosial, Humaniora dan Seni Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara
Jufryanto Puluhulawa
Fakultas Hukum, Universitas Negeri Gorontalo
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Upaya Kepolisian Dalam Menanggulangi Kejatan Ujaran Kebencian (Hate Speech) Berdasarkan Surat Edaran No Se/06/X/2015 Di Gorontalo Umar Alamri; Dian Ekawaty Ismail; Jufryanto U. Puluhulawa
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 1 No 4 (2023): Oktober : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v1i4.1401

Abstract

This research aims to determine the implementation of the National Police Chief's Circular Letter Number: SE/06/X/2015 concerning Handling Hate Speech and to determine the legal consequences. This research uses empirical research methods, namely research using field data as the main data source, such as the results of interviews and observations. Empirical research is used to analyze law which is seen as patterned behavior in people's lives which always interact and relate in social aspects. As a result of the research that has been carried out, it was concluded that (1) Polri in carrying out its authority to deal with various hateful behavior speech as regulated in the National Police Chief's SE also remains subject to general principles of good governance such as being careful and careful in carrying out action, do not abuse authority, and so on. With the National Police Chief's SE, it should be possible to guarantee enforcement of legal norms is getting better, rather than becoming a cover for arbitrary actions of authorities in controlling the trigger of power. Therefore, internal supervision of the implementers of the circular letter is carried out must run parallel with the authority to implement circular letters the. The National Police Chief also regulates procedures for handling hate incidents speech so as not to cause discrimination, violence or disappearances lives, and/or widespread social conflict. (2) Circular Letter from the Chief of Police placed in a theoretical perspective in state administrative law, products This law is a variant of policy regulations (policy rule) or what in Dutch is called beleidsregel. In state administrative law, state administrative officials (including the National Police Chief) indeed given the authority to issue good legal products in the form of regulations (regeling), state administrative decisions (beschikking), as well as policy regulations. Policy rules are different from a laws or regulations because they are only internally binding to state administration officials themselves and is not intended to be legally binding directly to the community. This is of course different from the law or regulations that must be made following a hierarchical system of regulations legislation and is intended to be externally binding (society) and internally (government officials). Thus, power binding a policy regulation to the community such as the National Police Chief's SE it is indirect in nature.
Analisis Batas Kewenangan Antara Penyidik Kepolisian Republik Indonesia Dan BNN Dalam Melakukan Koordinasi Penyidikan Kasus Tindak Pidana Narkotika Annisa Refi Daenunu; Lisnawaty W Badu; Jufryanto Puluhulawa
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 1 No 4 (2023): Oktober : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v1i4.1404

Abstract

The purpose of this study is to find out how the duties and authorities between Polri investigators and BNN investigators coordinate investigations into narcotics crime cases. Harmonization or coordination is a fabric of collaborative work between law enforcement officials in order to achieve and complete joint tasks, the purpose of this paper is the form of authority exercised by the National Police and BNN in preventing and eradicating the abuse and illicit traffic of narcotics structurally and institutionally in more detail in the field investigation. Based on the results of research, various ways to eradicate Narcotics crime are inseparable from the participation & role of law enforcement officials or in the criminal justice system including the Indonesian National Police, the National Narcotics Agency, the Prosecutor's Office, the Judiciary and anti-narcotics community organizations. In article 6 of the Criminal Code what is meant by investigators are people who are given special authority by law to carry out investigations, including the Indonesian National Police, the National Narcotics Agency and Civil Servants or Assistant Investigators. Law No. 35 of 2009 concerning Narcotics Law enforcers who have the authority to investigate narcotics crimes can be carried out and carried out by BNN investigators & Polri investigators. It is clear that in carrying out this authority one must know what are the limitations in the authority to carry out the authority of both the National Narcotics Agency and the National Police in order to avoid overlapping. Regarding the issues discussed in this study, it is a form of coordination by the Indonesian National Police and the National Narcotics Agency in carrying out investigations into narcotics abuse cases and analyzing the boundaries of authority between the Indonesian National Police and the National Narcotics Agency in preventing and eradicating narcotics crimes in Indonesia. The research method used by researchers is normative juridical research that is analyzed qualitatively or in other words research that uses statutory analysis as primary legal material. Primary Legal Materials such as Books, Scientific Research, Opinions of Experts, Mass Media, Newspapers etc.
Penyebab Perempuan Menjadi Korban Kekerasan Akibat Minuman Keras di Lingkungan Keluarga Sri Rizkhika; Lisnawaty W. Badu; Jufryanto Puluhulawa
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 3 (2023): SEPTEMBER : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v1i3.377

Abstract

This study aims to determine the causes of women becoming victims of violence due to alcohol in the family environment. The research method used is an empirical legal research method using a descriptive approach and qualitative analysis techniques. The results of this study indicate that there are two factors that cause women to become victims of violence due to drinking alcohol in Gorontalo City, namely internal factors consisting of the personality of the woman (victim) and the personality of the man (the perpetrator). While the external factors themselves consist of economic factors and infidelity factors. For victims, with the facts that occur in the field where alcohol is a trigger for domestic violence, it is for the victims, in this case the wife, to continue to provide awareness to her husband in order to place limits on the actions taken. And the perpetrators too so as not to exceed the limits of awareness in terms of drinking liquor so that families at home do not become victims of violence for actions due to excessive consumption of liquor.
Application of Criminal Sanctions Against Illegal Mining Perpetrators According to Law Number 3 of 2020 Laras Cipta Ilahi; Nirwan Junus; Jufryanto Puluhulawa
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.23259

Abstract

The purpose of this study is to determine and analyze the application of criminal sanctions against illegal mining actors according to Law Number 3 of 2020 in Dengilo District, Pohuwato Regency, and to determine and analyze the impact of illegal mining in Dengilo District, Pohuwato Regency. The type of research used in this study is empirical legal research using data collection techniques through direct observation and interviews with related parties. The results of this study show that the application of criminal sanctions in Kec. Dengilo is still not optimal, because there are still many perpetrators who continue to carry out activities secretly at the mine site. The miners carried out mining activities at night using heavy equipment even though it had been prohibited by the authorities. The government of Dengilo District, Pohuwato District, has made socialization efforts to the community regarding the provisions governing mining problems and sanctions for those who violate these provisions and has collaborated with the Pohuwato Regional Police in following up perpetrators of illegal gold mining crimes by the provisions of Law Number 3 of 2020. The impact caused by illegal gold mining in Dengilo District is positive: increasing local income, accommodating labor, and increasing community income. Negative impacts: river water pollution, damage to agricultural land, destruction of forest areas, causing casualties, causing landslides, and disrupting public health. Therefore, the government should facilitate and determine community mining areas. 
Kedudukan Suntik Mati Terhadap Terpidana Mati Dari Perspektif Hak Asasi Manusia Rafliansyah Manti; Lisnawaty W. Badu; Jufryanto Puluhulawa
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1704

Abstract

The aim of this research is to legally analyze the procedures for implementing the death penalty in Indonesia from a human rights perspective. Apart from that, it discusses the type of execution of the death penalty by injection by considering the method of carrying out the death penalty against the perception of justice and humanity. The type of research used by researchers in preparing this research based on the phenomenon being studied is juridical research or normative legal research. The method used uses 2 types of approaches, namely using a statutory approach or what can be called a Statue Approach and a Conceptual Approach.The results of the research show that the existence of the death penalty, which is a very frightening type of crime, raises pros and cons in society, so that the electability of the death penalty is debated to this day. However, it is not only about the existence of the death penalty but the implementation/method used in the execution of death row convicts, carried out by being shot to death, is regulated in Law No/2 Presidential Decree of 1964 concerning procedures for carrying out the death penalty which is considered to be torturous and it looks very cruel, in contrast to countries that have implemented executions using lethal injection which is considered an easier method. This is based on the purpose of euthanasia (lethal injection), namely a way to end a person's life in a peaceful and painless way.
Peranan Lembaga Adat Dalam Penyelesaian Delik Adat Pada Masyarakat Di Desa Toruakat Kecamatan Dumoga Kabupaten Bolaangmongondow Cindai Goni; Fenty Puluhulawa; Jufryanto Puluhulawa
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1540

Abstract

The aim of this research is to find out the form of customary law that is resolved in customary justice in the Deisa Toiruakat community, Dumoiga subdistrict, Boilaang Moingoindoiw district and to find out the legal process of customary law in Deisa Toiruakat, Dumoiga subdistrict, Boilaang Moingoindoiw district. The Meitoidei Peineilitian that is used is a combined type of research between Noirmative Huikuim Peineilitian and Eimpirical Huikuim Peineilitian. Noirmative-Eimpirical Huikuim Research is a type of research theory which in this case combines noirmative legal science which is coincided with the addition of data or empirical science. The research results obtained by the customary settlement process in Toruakat Village do not violate existing legal norms in Indonesia because the Guhanga Lipu (Traditional Institution) of Toruakat Village and customary courts are recognized by the Government both through laws, regional regulations and village regulations. The conclusion is that there are differences between the traditional regulations of Toruakat Village and the practice of carrying out customary trials that are carried out, because the sound of the articles mentioned in the trial process is different from the sound of the articles in Toruakat Village Regulation Number: 01 of 2020 Concerning the Customary and Customary Procedures of Toruakat Village and the number of sanctions imposed This also differs from the provisions for giving sanctions in the village regulations and in the research process the researcher found that indeed the traditional council did not comply with the traditional village regulations of Toruakat Village, they only relied on knowledge from their parents and from books that their ancestors had left to them.
Efektivitas Konsep Restorative Justice Dalam Penanganan Kasus Penganiayaan Oleh Kejaksaan Negeri Bone Bolango Ilham Saputra Machmud; Dian Ekawaty Ismail; Jufryanto Puluhulawa
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1542

Abstract

The existence of criminal cases arises because there are criminal acts handled by law enforcement. Criminal cases always arise whenever there is a criminal process. Criminal acts or crimes are an inseparable part of life in society. The public measures justice not by the word for word formulation of the law, but by what is felt and seen by the decisions issued based on the legal reality witnessed. The aim of this research is to examine the role of prosecutors in resolving cases using a restorative justice approach. To find out the factors that hinder prosecutors in resolving cases using the concept of restorative justice. In this research, researchers used Empirical Law research. And the data feeding technique is carried out using the interview technique. The data obtained by researchers in this study used quantitative and qualitative methods. The results of the research show that the resolution of acts of abuse by the Bone Bolango District Prosecutor's Office through a restorative justice approach has been adopted. The inhibiting factors experienced by the Bone Bolango prosecutor's office were legal factors, human resources, clashes between victims and perpetrators and community culture.
Tuntutan Jaksa Terhadap Pencemaran Nama Baik Pasca Putusan MK Ria Beu; Fence M wantu; Jufryanto Puluhulawa
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.139

Abstract

The purpose of this research is to determine the demands of prosecutors at the Bone Bolango district attorney's office regarding defamation on social media and to determine the factors that influence the disparity in prosecutors' demands at the Bone Bolango district attorney's office regarding criminal acts of defamation on social media. The research method used is a type of empirical research, namely a legal research method that functions to see the law in real terms and examine how the law works in society. The results of the research obtained regarding the prosecutor's demands at the Bone Bolango District Prosecutor's Office regarding defamation on social media, there is a disparity in the demands therein, where in the same case the level of material is the same, but the prosecution in both cases is too far apart, this is caused by several factors. These include social reasons, trial facts and statutory regulations. The conclusion that there is a disparity in sentences demanded by public prosecutors was never intended to eliminate the difference in the amount of punishment for criminals, but rather to reduce the range of differences in sentences imposed because this disparity which is too far is contrary to justice and law enforcement and has an impact on the wider community.
Penyalahgunaan Narkoba Di Kabupaten Pohuwato Ditinjau Dari Periskop Kriminologi Ni Wayan Erlianti; Lisnawaty W. Badu; Jufryanto Puluhulawa
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 2 (2024): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i2.235

Abstract

The research discusses the factors causing drug abuse cases and their countermeasures in Pohuwato Regency. The method used in the research is empirical with qualitative descriptive data analysis that describes and describes reality data in the field. Based on the results of the study, that the factors that cause drug abuse cases in Pohuwato Regency are internally derived from within a person. Where the inability to adjust and weak self-confidence so that the perpetrator is unable to control the desire to try and have experience with drugs that are expected to overcome the mental pressure he experiences. The pressure in question comes from family circumstances that are less supportive (not harmonious) and indifferent to one's self-development. In addition, there are external factors, namely the promiscuity of the perpetrator, social and work environment factors, economic problems and easy access for the perpetrator. Police Countermeasures against Drug Crimes in Pohuwato Regency are carried out by conducting Early Prevention or Pre-emtif efforts by conducting searches regarding the causes or drivers, to the opportunities for the use of these illegal drugs. Early prevention is carried out through education that aims to create awareness and vigilance, by distributing banners and advertising banners and invitations not to use drugs in agencies and public service places including in the school environment. Preventive efforts with socialization and counseling, supervision of narcotics trafficking traffic both at the port and land which is the entry point for migrants in Pohuwato district. In addition, this supervision is also carried out routinely in places where transactions are usually held, for example nightclubs and locations where teenagers usually gather, and conduct operations or patrols or raids. Repressive efforts as the last step to take firm action against the perpetrator by imposing sanctions, as well as the implementation of rehabilitation involving various elements.
Co-Authors Ahmad Agusanto Neu Amanda Adelina Harun Andika Wardhana Machmud Anggraini Y. Djafar Anis H. Bajrektarevic Annisa Refi Daenunu Apripari, Apripari Cindai Goni Dewi Nuramanah Matte Dian Ekawaty Ismail Dian Ekawaty Ismail Djamaludin Habi Fatmawaty Thalib Fence M Wantu Fence M Wantu Fenty U. puluhulawa Firda Salam Fitriana Nur Biya Glaidy Angelina Nayoan Ilham Saputra Machmud Irlan Puluhulawa Laras Cipta Ilahi Lisnawati W. Badu Lisnawaty W. Badu Mawarni Karim Mellisa Towadi Moh. Gufran Katili Moh. Rusdiyanto U. Puluhulawa Moh. Rusdyanto U. Puluhulawa Mohamad Rivaldi Moha Mohamad Rusdiyanto Puluhulawa Mohamad Rusdiyanto U. Puluhulawa Ni Wayan Erlianti Nirma Abdullatif Nirwan Junus Novia Rahmawati A. Paruki Nur Musa, Moh. Fahrurrozie Hidayatullah Rafliansyah Manti Ria Beu Rusdianto U. Puluhulawa Sri Rizkhika Umar Alamri Vifi Swarianata Wiranda Putri Madamba