Title of The journal
Jurnal Ilmu Hukum Kanturuna Wolio Fakultas Hukum Universitas Dayanu Ikhsanuddin Baubau, bertujuan sebagai sarana media akademik membahas isu ilmu hukum. Berisikan karya ilmiah berupa ringkasan hasil penelitian dan gagasan hasil pemikiran. Dewan Redaksi mengundang para dosen, ahli, mahasiswa, praktisi dan masyarakat yang berminat untuk menuangkan hasil pemikirannya kedalam tulisan ilmiah. Jadwal penerbitan setahun 2 (dua) kali pada bulan Januari dan Juli. Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagaimana terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Articles
37 Documents
<![CDATA[Analisis Desan dan Masyarakat Hukum Adat dalam Kerangka Hukum Nasional ]]>
<![CDATA[Wa Ode Zamrud]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 2, Issue 1, Januari 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v2i1.449
<![CDATA[The research objective is to examine the perspective of the relationship between village and customaty law. This study uses doctrinal research with a philosophical approach and statutory regulations. This research examines the existence of a village which is part of the customary law community and customary law which has a strong relationship with the customary law community. Various references related to villages and various regulations made by the government regarding villages have placed the village as a basic power base and the forefront in maintaining local original values. In the structure of reality, the Indonesian nation has placed these values as one of the foundations for the development of Indonesian society. The basic paradigm of village and customary law is a connected community life, because the human values that are built in the village community are the values of customary law which are believed to be the basic principles for the development of a national cultural culture that is multiculturalism and pluralism. This study shows that village and customary law are an integrated unit in the life system of Indonesian society, so that legitimacy for villages and customary law communities is a characteristic and characteristic of local values that are built simultaneously.]]>
<![CDATA[Pembatalan Hasil PILKADES Menurut Peraturan Perundang-Undangan ]]>
<![CDATA[Hendrik Ruben Gelong]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 2, Issue 1, Januari 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v2i1.450
<![CDATA[This study aims to determine the mechanism for the cancellation of the results of the Village Head election that canoccur in Lawela Village, Batauga District, Sounth Buton Regency. And to find out objectively what factors are related to the cancellation of the election results for the Head of Lawela Village, Batauga District, Sounth Buton Regency. This research is qualitative and descriptive analysis, with the type of research used in this study is juridical normative in other words, namely by harmonizing and describing the real situation regarding a problem that occurs by combining materials from books and related laws and regulations. In addition, in thie study the authors conducted direct interviews with the parties concerned to complete each data. The research location is in Lawela Village, Batauga District, Sounth Buton Regency. Types and sources of data using primary data and secondary data. Data collection techniques using field studies and literature studies. The result showed that the cancellation of the results of the Lawela Village Head election was not in accordance with the procedure, therefore the Village Heas who was entitled to be elected did not raise any objections to the South Buton Regent after the determination of the results of the Lawela Village Head election as intended South Buton Regent Regulation Number 23 of 2019 concerning Head Election. Village as referred to in Article 53. Based on the official report on theresults of the Vote Count result for the Lawela Head Election which was also attended by the Village Head Candidate and the Village Head Candidate witnesses, ther was no record of any Special Events and / or objections of the candidates.]]>
<![CDATA[Penanggulangan Tindak Pidana Pencurian Satwa Lindung ]]>
<![CDATA[Samaludin Samaludin]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 2, Issue 1, Januari 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v2i1.451
<![CDATA[The purpose of this study was to determine law enforcement against the thefl of protected animals. The legal research method used in this paper is an empirical legal research method. The data used are primary and secondary data. Then, the juridical qualitative data analysis was carried out. Based on the results of the research, it shows that the factors causing the crime of theft of protected animals are economic, educational, environmental, and law enforcement, further law enforcement and prevention of criminal acts of theft of protected anilmals are carried out by stricter law enforcement in order to have a clear effect as perpetrators of criminal acts and countermeasures are carried out through preventive and repressive measures.]]>
<![CDATA[Tinjauan Yuridis Harta Warisan Yang Dialihkan Oleh Salah Seorang Ahli Waris Tanpa Persetujuan Ahli Waris Yang Lain (Studi pada Pengadilan Agama Kelas II Baubau) ]]>
<![CDATA[Husnul Khotima Wardhani Slamet]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 2, Issue 1, Januari 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v2i1.452
<![CDATA[The purpose of the study os to determine the position of inheritance that has been transferred by heirs without the consent of other heirs while the method used in this study is a type of normative legal research, which is aprocess of finding legal rules, legal principles, and doctrines, legal doctrine in order to answer legal issues faced which pruduce new arguments, theories and concepts as prescription in solving problem faced. The results of the study are the position of property rights as inherited property that has been traded by heirs without the consent of the other heirs according to Article 1230 of the Civil Code regarding the requirements for the validity of a sale and purchase agreement and 1471 KUH Civil law regarding buying and selling, which is implicit requires that the seller must be the owner of the goods sold or the legitimate holder of land right, meaning that the seller has the right to sell the land that is the object of sale and purchase by unauthorized people is null and void meaning that from the beginning the law never there was a sale and purchase thus the rights to the land purchased from the seller never changed even though the buyer had controlled the land. The law arising from the transfer of inheritance without the consent of other heirs is that other heirs can sue the court so that the lans is included in the inheritance that will be divided, and the sale and purchase of landbased on Article 1471 of the Civil Code is canceled. With the cancellation of the sale an purchase, the sale and purchase is deemed to have never existed, and each party returned to its original state before the “sale and purchase” event, in which the ownership of the land remained with the heirs and case objects sold without consent from them, cam make a civil suit on the basis of an act against the law, as stipulated in article 1365 of the Civil Code.]]>
<![CDATA[Fungsi Kantor Pertanahan Sebagai Pelaksana Percepatan Pendaftaran Tanah Sistematis Lengkap ]]>
<![CDATA[Fitrian Fitrian]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 2, Issue 1, Januari 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v2i1.454
<![CDATA[This study aims to determine and explain criminal law policies in tackling illegal logging crime and to find out the inhibiting factors of criminal law policies in tackling criminal acts of illegal logging in the Lambusango forest. Data collected in this study are primary and secondary legal materials and tertiary legal materials. Primary legal materials are binding legal materials in the from of laws ans regulations as well as other legal materials relating to criminal law policies in tackling illegal ligging in the Lambusango forest. Then what is meant by secondary legal materials are materials that provide clarity about primary legal materials such as book written by legal ecperts on criminal law policies in tackling illegal logging in the Lambusango forest. Whereas what is meant by tertiary legal materials are materials that provide instructions or explanations for primary legal materials and secondary legal materials, such as dictionaries and indexes. The data that has been obtained as a result of the study are analyzed using qualitative analysis, which illustrates the facts that are based on research that has been done in the from of a systematic description by explaining the relationships between various types of data. After the analysis is carried out, conclusions can be drawn using the inductive method to.]]>
<![CDATA[POLIMA DALAM PERSPEKTIF HUKUM PEMERINTAHAN DAERAH ]]>
<![CDATA[Darmawan Wiridin]]>;
<![CDATA[Hendrik Ruben Gelong]]>;
<![CDATA[Safrin Salam]]>;
<![CDATA[Noviyanti Malaha]]>;
<![CDATA[Ruliah Ruliah]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Issue 1, Januari 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v3i1.549
<![CDATA[The implementation of government leadership based on culture is one solution to overcome the leadership crisis in Indonesia. This type of research uses this type of empirical legal research by pin pointing the research site in Baubau city. The data sources used are primary data and secondary data. Data collection techniques using interviews and literature studies. The results showed that the implementation in the system of government and daily life is an effective and appropriate step, moreover Buton is an area that has a history of sultanate that has long lived with local cultural values, namely Pomaa Masiaka means always living caring for each other and loving each other, Popia-Piara means always living to care for each other. Pomae-Maeka means always glorifying each other, Poangka-Angkataka means mutual respect, and Pobinci-Binciki Kuli pinching each other's skin is an allusion to painful deeds. While Polima is able to be a solution to improve various aspects of life in society because complex cultural values are able to answer the problems that occur now such as corruption, collusion, nepotism, violence, and social problems such as lazy to know the surrounding environment, not mutual respect, and other problems. With the implementation of polima the government and the community will understand each other and understand the role of each will create a safe, peaceful, and prosperous life.]]>
<![CDATA[EFEKTIVITAS PENERAPAN ASAS PRESUMPTION OF INNOCENCE OLEH PERS DALAM PEMBERITAAN TINDAK PIDANA MAKAR ]]>
<![CDATA[Samaludin Samaludin]]>;
<![CDATA[Nining Irianti]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Issue 1, Januari 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v3i1.550
<![CDATA[This study aims to determine the extent to which the effectiveness of the application of the principle of the Presumption Of Innocence by the Press in conductin a report, especially on treason crime. Primary data source research methods in the form of literature study, legislation and journals and other literature, secondary data sources in the form of interviews from research sources. Data collection method is a qualitative data collection method that focuses on the general principles underlying the manifestation of symptom units in human life, or the patterns analyzed are social phenomena by using the culture of the community concerned to obtain a picture of prevailing patterns. Method of presenting data obtained or data collected during the study in the form of primary data and secondary data were analyzed qualitatively then presented descriptively. Based on research and discussion of the main issues raised in this thesis, namely that the press or journalists must abide by the presumption of innocence in presenting news and information in accordance with applicable laws and regulations, obeying journalistic code of ethics so that violations do not occur and as law enforcement efforts carried out by the press. The press council as the agency that oversees the press must conduct more oversight of the media and the press in Indonesia.]]>
<![CDATA[ANALISIS YURIDIS PENGELOLAAN DANA DESA DI TENGAH PANDEMI COVID 19 BERDASARKAN PERATURAN MENTERI DESA NOMOR 13 TAHUN 2020 TENTANG PRIORITAS PENGGUNAAN DANA DESA TAHUN 2021 ]]>
<![CDATA[Darmawan Wiridin]]>;
<![CDATA[Nasrin Nasrin]]>;
<![CDATA[Sitti Aisyah]]>;
<![CDATA[Achmad Ramli]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Issue 1, Januari 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v3i1.557
<![CDATA[The formulation of the problem on this study is how are the efforts of the Lakapera village government in managing village funs in the midts of the covid 19 Pandemic based on the village minister regulation number 13 of 2020 regarding priority of using village funds in 2021. How are the obstacles of the Lakapera Village government in managing village funds in the future covid 19 pandemic. This is study aims to identify and explain the efforts of the Lakapera Village government in conduction an analysis of the village fund management in the midst of the covid 19 Pandemic. The research method in this research is deskriptif analytic which aims tp create a picture or provide information systematically and accurately based on existing facts. Based on the result of research, the management og the village funds in the midst of the covid 19 pandemic is a challenge for the Lakapera Village government, this is because the APBDes must be allocated for handling the Covid 19 Pandemic without having to forget about development in the Village.]]>
<![CDATA[AKSES KETERBUKAAN INFORMASI PUBLIK TERHADAP PENGGUNAAN DANA DESA: Studi di Desa Wawotimu Tomia Timur Kabupaten Wakatobi ]]>
<![CDATA[La Ode Muhaimin]]>;
<![CDATA[Nasrin Nasrin]]>;
<![CDATA[Sitti Aisyah]]>;
<![CDATA[Ririn Ririn]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Issue 1, Januari 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v3i1.558
<![CDATA[In accordance with the problems studied, the research conducted is a qualitative research which aims to determine the access to public information disclosure on the use of Wawotimu Village funds and the inhibiting factors for accessing public information openness to the use of Wawotimu Village funds. This study took 5 (five) respondents consisting of the Village Government and the Wawotimu Village community. Methods of data collection using in-depth interview techniques, documentation, and literature study. The results of this study indicate that access to public information disclosure on the use of Wawotimu Village funds has not been maximally managed properly by the Village Government, in terms of providing information on the use of Village funds, the Village Government only presents information in the form of APBDesa information which is displayed using a baleho on the Village information board. Meanwhile, the statement of the accountability report which is the most important thing for the public to know is not carried out as stated in the Minister of Home Affairs Regulation Number 20 of 2018 concerning Village financial management.]]>
<![CDATA[TINJAUAN SOSIO KRIMINOLOGIS TERHADAP KEBIASAAN MEMILIKI DAN MEMBAWA SENJATA TAJAM OLEH MASYARAKAT PULAU KALEDUPA KABUPATEN WAKATOBI ]]>
<![CDATA[Samaluddin Samaluddin]]>;
<![CDATA[Hardi Done]]>;
<![CDATA[Sumardin Sumardin]]>
<![CDATA[ Jurnal Ilmu Hukum Kanturuna Wolio Volume 3, Issue 1, Januari 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Dayanu Ikhsanuddin ]]>
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DOI: 10.55340/jkw.v3i1.559
<![CDATA[This study aims to determine the factors that influence the habits of the people of Kaledupa Island, Wakatobi Regency to have and carry sharp weapons in association and the efforts that can be made by policy makers in overcoming them. Sociological juridical research method.descriptive research specifications. Primary data sources are the results of interviews with resource persons and observations as well as secondary data sources in the form of the Criminal Code (KUHP), Emergency Law Number 12 of 1951 concerning firearms, Law Number 2 of 2002 concerning the Indonesian National Police, literature books and internet articles related to the aspects studied. Methods of collecting data with interviews and observations as well as literature study. form of data presentation in narrative text and tables, qualitative data analysis. Based on the results of research and discussion of the subject matter proposed in this thesis, it can be concluded that the factors that influence the habits of the people of Kaledupa Island, Wakatobi Regency to have and carry sharp weapons in the struggle are the low level of education, misinterpretation of the existence of BharataKaledupa as one of the factors that influence the existence of BharataKaledupa. bharata at the time of the Sultanate of Buton, there was omission by certain parties. Efforts that can be made by policy makers in overcoming the habits of the people of Kaledupa Island, Wakatobi Regency in making sharp weapons in association are community leaders on Kaledupa Island who can create an institution for fostering the younger generation to carry out social activities, activating youth youth activities and legal counseling and the police do not only carry out preventive and repressive efforts in an effort to overcome the habit of people carrying sharp weapons but also must make pre-emptive efforts.]]>
