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INDONESIA
Indonesian Journal of Legality of Law
Published by Universitas Bosowa
ISSN : -     EISSN : 2477197x     DOI : https://doi.org/10.35965/ijlf.v3i1.228
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Legality of Law is a peer-review scholarly Law Journal issued by Postgraduate Bosowa University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Indonesian Journal of Legality of Law accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 212 Documents
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Legal Analysis of the Implementation of the Rights of Royal Residents of Apartments in Makassar City Suwandari, Mufitha; Pattenreng, A. Muh. Arfah; Hamid, Abd. Haris
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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Abstract

This research aimed at finding out the implementation of the rights of royal residents and the constraints faced by the residents to obtain their rights. This study was conducted in Royal Apartment in Makassar and Government building office, Makassar. The quantitative method was applied to investigate the implementation of the rights of Royal Residents as well as the constraints faced by the residents to obtain their rights. The results showed that the rights of Royal Residents are implemented well although undeniably some other rights of the Royal residents are not well-implemented. Moreover, the certain rules which regulate the apartment, no socialization regarding the residents’ rights, and no the Association of unit owners and occupants of flats (Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun) become the constraints of Royal Residents, Makassar.
Effectiveness of Corruption Criminal Handling by the Polri Investor Parepare Resort Policy Wahid, A. Ramlan; Mas, Marwan; Siku, H.Abd Salam
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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The study aims to investigation process has high effectiveness and factors influence the effectiveness of law enforcement of corruption by police investigators at Parepare Regional Police,and to find out and analyze the effectiveness of law enforcement on corruption by police investigators at Parepare Police Station; and 2) to know and analyze the factors that influence the effectiveness of law enforcement on corruption by police investigators at Parepare Regional Police. This research was a descriptive qualitative with a juridical-empirical approach. This approach examined the rules of positive law in other to get the answers to existing problems by linking with facts or phenomena about the effectiveness of law enforcement by investigators against corruption in Pare-Pare to fulfill the scientific prerequisites and factors that influence them. The population and sample were: 12 police officers, 8 police investigators, 5 prosecutors, 5 judges, 10 corruption perpetrators, and 10 community leaders. The results showed that 1. the handling of corruption cases by Pare-pare Police Corruption Unit period 2013 to 2017 had almost reached a high level of effectiveness. This was judged by the fulfillment ofthe target cases and each case was assessed in terms of completing the handling of corruption cases (P-21) so that in the meantime Parepare Police Corruption Unit does not experience delinquent police reports relating to corruption cases. 2. factors that influence the effectiveness of law enforcement by the investigators of Parepare Police Corruption Unit in handling corruption cases are both internal constraints and external constraints Internal constraints consist of the Legal Substance Factor, human resource factors and Legal Structure, the difficulty of finding evidence and, budget problems, while external constraints consist of Intervention (political) Factors and Community Legal Culture.
The Role of Unit IV PPA Regional Police of Province, Sulawesi Selatan and Teachers Association of Indonesia Branch Province, South Sulawesi in Implementing the Supreme Court Decision on Teachers That Cannot Be Convicted In The Implementation Of Its Duty Kadriah, Awaluddin; Mas, Marwan; A. Hasan, yulia
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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This study aimed at determining the role of the Police and Indonesian Teachers Association (Persatuan Guru Republik Indonesia) of South Sulawesi in implementing Restorative Justice against teachers who are dealing with the law due to the implementation of sanctions in educating, whether it is in accordance with the Supreme Court jurisprudence about teachers who cannot be convicted in carrying out their duties to educate, and how to implement restorative justice for teachers in the pre-adjudication stage in criminal justice system. The research method used was descriptive analysis with data from field interviews and literature. The study concluded that the role of the Police and PGRI in South Sulawesi in implementing Restorative Justice was not yet optimal, as evidenced by the fact that some cases of teachers were not resolved by Restorative Justice at the police stage in some areas in South Sulawesi. The instrument used was still in the form of discretion so that its use can differ from one investigator to another. PGRI in South Sulawesi in carrying out the facilitative function for teachers who are facing legal proceedings has not been coordinated in several districts and a memorandum of understanding has not yet been established at the provincial and district level between the Police and PGRI in South Sulawesi in handling teachers who face legal processes due to carrying out educational tasks. The agreement built must consider the Supreme Court's ruling on teachers who cannot be convicted in carrying out their duties to educate.
The Role of Consumer Dispute Settlement Board in Providing Legal Protection in Makassar City Makkasau, Andi Kasman; Pattenreng, Andi Muh. Arfah; Hamid, Abd. Haris
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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This study aimed at determining the implementation of duties and authority of Consumer Dispute Settlement Agency (BPSK) Makassar in the supervision of inclusion of standard clauses and settlement of disputes between consumers and business actors in Makassar. This research was conducted in Makassar at BPSK Office in Makassar. The method used was the empirical normative approach. The purpose of this approach was to analyze the extent to which law or regulation is effective in the community regarding the role of the Consumer Dispute Settlement Agency in providing legal protection for consumers in Makassar. The results of this study indicated that the implementation of supervision of raw clauses by BPSK Makassar was effective, BPSK Makassar only limited to the supervision after the complaints of consumers. The implementation of consumer dispute resolution by BPSK Makassar applies the conciliation, mediation, and arbitration. Based on the data obtained from 2010-2015, every year the number of cases received and resolved by BPSK Makassar is increased approximately 179 cases as alleged violations complained to BPSK Makassar.
Juridical Observation towards the agreement of purchase contract without notary public in Banggai Kepulauan Fahryansyah, Yan; Arfah Pattenreng, Andi Muhammad; Madiong, Baso
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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Abstract

This study aims to analyze and understand the causes of the sale and purchase agreement without notary public and the legal consequences in Banggai Kepulauan District and the legal power of land purchase agreement without notary public if there is a dispute. This type of research was empirical juridical. The results showed that the implementation of the sale and purchase agreement without notary public in Banggai Kepulauan Regency is still a choice due to the culture / customs of local people, the limited cost, the fast time, and the process does not take a long time. Implementation of the sale of land without notary public in Banggai Kepulauan Regency is proceeded through three ways; trust, a receipt, and a proof made by Village Head. While the legal force of the sale and purchase of land without notary public in Banggai Kepulauan Regency is still valid, but for legality it not yet valid because there is no certificate.
Legal Analysis of the Implementation of Agreements For Palm Oil Products Between PT. Peaceful Jaya Lestari with Land Ownership in Kolaka District -, Tamal; Pattenreng, H.A.Muh. Arfah; Makkawaru, Zulkifli
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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This study aims to determine the form of cooperation agreement between PT. Damai Jaya Lestari with community land owners in Tanggetada Subdistrict and factors that influence the implementation of the production sharing agreement. This research was carried out at PT. Damai Jaya Lestari and the land-owning community in Tanggetada District, Kolaka Regency. The method used is to use a quantitative approach with the aim to analyze the form of profit sharing agreement between PT. Damai Jaya Lestari with the landowner community in Tanggetada Subdistrict as well as factors that influence the implementation of the production sharing agreement. The results of this study indicate that the form of production sharing agreement between PT. Damai Jaya Lestari with the landowner community is a written form with a profit sharing of 40:60, which is 40% for the landowner community and 60% for the company. For people who are 40% are subject to deductions for maintenance and exploitation costs, so that what is accepted by the land owners is little. However, there is no deduction of 60% for companies. The factors that influence the implementation of the production sharing agreement are the lack of education and the knowledge of the landowners, the details of the agreement are not explained in detail by the company, and there are irresponsible individuals.
Effectiveness of Narcotics Addicts, Psychotropic, and Other Addictive Substances in Makassar State Class Detention Houses -, Syamsir; Renggong, Ruslan; Madiong, Baso
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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The purpose of this study was to determine and analyze the effectiveness of the implementation of drug abuse counseling for residents of correctional wards in Makassar Class I Detention Center and to find out and analyze the factors that make ineffective the implementation of drug abuse counseling in Makassar Class I Detention Center. This study uses normative legal research and empirical legal research. Normative research is carried out through literature studies such as law books, readings that are related to the author's research, while empirical research is carried out with field studies through interviews with inmates of the Makassar Class I Detention Center and Makassar Class I Detention Center officers, collecting data at existing research sites. relation to the author's thesis. The implementation of coaching drug abusers in Makassar State Class 1 Detention Houses is less effective due to the failure to achieve the objectives in the development of drug abusers, one of which is forming prison prisoners to become fully human, aware of mistakes, improve themselves, and not repeat the crime so that they can be accepted again. by the community, can actively play a role in development and can live fairly as a good and responsible citizen. It can be seen that the number of drug cases, especially user recidivism, has increased every year, and there are still many drug case recidivism users, from 500 people in Class I remand centers in Makassar to drug users. There are 162 resident users or about 32.4%. 2. The factors that influence the development of drug abusers in Makassar Class I State I detention centers are human resources of Makassar Class I Detention Center correctional officers, inadequate supporting facilities, and awareness of assisted residents in Makassar Class I Detention Center.
Optimization of The Function of the Prosecutor's Office in the Return Of State Financial Losses Due to Corruption (Case Study At the Wajo District Prosecutor's Office) -, Renaldi; Mas, Marwan; Siku, Abdul Salam
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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This study aims to find out the efforts made by the Wajo District Attorney in recovering state financial losses due to corruption and the constraints faced by the Wajo District Attorney in recovering state financial losses due to corruption. This research was conducted using normative (legal research) and sociological juridical (Socio Legal Research) methods by interviewing a number of respondents with purposive sampling method with face to face interview interviews using a sampling technique using a combination of qualitative analysis that produced analytical descriptive data, namely what the respondent stated verbally or in writing. The results showed that the Prosecutor's Office carried out its function in eradicating corruption, especially regarding the return of losses on state finances carried out through penal and non-penal means, namely the investigation, prosecution and execution of court decisions, and non-judgments through a civil approach. In the practice of the ideal role of the Attorney General's Office in an effort to recover state financial losses due to Criminal Acts Corruption has not run optimally due to constraints both technical, juridical and other constraints. In tracing and discovering assets / assets of suspects, defendants or convicted persons for confiscation (as part of the investigation and as a court decision). Prosecutors and prosecutors executors have doubts about which objects belonging to suspects, defendants or convicts can be confiscated, whether confiscation of all assets can be confiscated or limited to the suspect's assets, other than that falsified or omitted documents also become the main obstacle is the prosecutor's office in the process of eradicating the Corruption Crimes, especially regarding the return of state financial losses.
The Legal Aspect of Online Buying Transactions and Its Implications on Consumers Azis, Abd.; Pattenreng, H. A. Muh. Arfah; Hamid, Haris
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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Abstract

Online transaction is a transaction which are by spreading, purchasing, selling, marketing of goods and services by using online sales such a whatshAPP, facebook, instagram,etc. With online transaction it makes rofitable for consumers to choose varios types of goods but violations of consumers night by happen by online transaction like this. For the reason, legal protection is needed for consumers in online buying and selling transactions. Based on rule of government the article 4 letter h law number 8 off 1999 concerning consumer protection as explained that consumersare entitled to compensation, compensation, or compensation if the goods of services received are not accordance with the first agreement based on rule of government the article 7 letter g UUPK while business people obliged to give compensation or compensation if the goods and services received are not accordance by the agreement. Other than in electronic online transaction regording protection of consumers regulated in the article on rule government letter 1 number 6 of law number 11 of 2008 about the information and electronic transaction UU ITE which regulaters the organization of an electronic system are the utilization of an electronic system by state adminsttrators, personality, busyness entity, or community and the based on rule of government the article is letter 1 UU ITE regulaters that each an electronic system operator must carry out reliably, safely, and responsibly of the electronic system operatin.
Optimization the Task of the National Narcotics Agency of South Sulawesi Province in the Control of Drug Abuse Saleh, Abd. Rahman; Mas, Marwan; Hamid, Abd. Haris
Indonesian Journal of Legality of Law Vol. 1 No. 1 (2018): Indonesian Journal of Legality of Law, Desember 2018
Publisher : Postgraduate Bosowa University Publishing

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Abstract

The purpose of this study was to determine the extent of drug control carried out by the National Narcotics Agency of South Sulawesi Province and the working relationship between the National Narcotics Agency of South Sulawesi Province and the Directorate of Narcotics in the South Sulawesi Regional Police. The data related to the task of the National Narcotics Agency of South Sulawesi Province in the Control of Drug Abuse are then analyzed using qualitative analysis, which describes the data that has been obtained and then concludes it. In the handling of drug abuse carried out by the National Narcotics Agency of South Sulawesi Province has been carried out as it should but in its implementation there are various kinds of obstacles or constraints and employment relationships of the National Narcotics Agency of South Sulawesi Province and the Directorate of Narcotics of the South Sulawesi Regional Police are regulated in 8 (eight) rooms scope and lack of coordination between the National Narcotics Agency of the Province of South Sulawesi and the Directorate of Narcotics Narcotics in South Sulawesi can lead to the emergence of sectoral ego that can make less optimal drug abuse control in the province of South Sulawesi

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