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Jurnal Hukum Legalita
Published by Universitas Muhammadiyah Kotabumi
ISSN : 14122480     EISSN : 27767248     DOI : https://doi.org/10.47637/legalita.v1i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Legalita (Legalita) (P-ISSN: 1412-2480 and E-ISSN: 2776-7248) is a journal that published since 2019 by the Department of Law in collaboration with LPPM, Muhammadiyah University Kotabumi. Legalita is intended to be the university’s journal for publishing articles reporting the results of the fields of criminal law, civil law, constitutional law, state administrative law, as well as discussing social phenomena that exist in society and building a culture of law awareness from the results of research. In addition, Legalita also includes a lot of research on law in a broader sense. The journal is published regularly (in July and December), and approved and ready-to-publish manuscripts will also be regularly published on the website (with an initial view). Journal Copyright Copyright of all journal manuscripts is held by the Journal Edukasi Lingua Sastra. Formal legal provisions to access digital articles of electronic journal are subject to the provision of the Creative Commons Attribution-NonCommercial 4.0 International License (CC-BY), which means that the Journal Edukasi Lingua Sastra is rightful to keep, transfer media/format, manage in the form of databases, maintain, and publish articles. Published manuscripts both printed and electronic are open access for educational, research, and library purposes. Additionally, the editorial board is not responsible for any violations of copyright law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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BADAN USAHA MILIK DESA SEBAGAI PEMBERDAYAAN EKONOMI (SYARIAH) MELALUI ORGANISASI BERBASIS KEAGAMAAN (ISLAM) Dauri; Ricco Andreas
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This study aims to examine and provide new concepts in the development of Village-Owned Enterprises (BUMDes) through religious organizations, especially Islam. BUMDes is one of the economic institutions operating in rural areas that must have differences with economic institutions in general. This is intended so that the existence and performance of BUMDes can contribute significantly to improving the welfare and economic prosperity of the community, the majority of the population of Indonesia are Muslims, so that BUMDes are in accordance with Islamic contracts. The problems that will be discussed in this study are 1. What is the development of Village-Owned Enterprises as Economic Empowerment (sharia) through the current Religious Based Organization (Islam). 2. What is the concept in the development of Village-Owned Business Entities Through Religious (Islamic) Based Organizations. This research method uses a normative juridical system by studying library materials and documents related to the development of BUMDes. This study shows that existing contracts in Islamic economics can be implemented on BUMDes in accordance with laws and regulations. In addition to having strengths and opportunities, this concept also has disadvantages and threats. To realize Islamic economy-based BUMDes this requires an active role and joint commitment from the village government, the community, Fatayat Nahdatul Ulama (NU), Muslimat, and other Islamic organizations that will develop Islamic economics, so that the needs of al-dharuriyah (primary), al-hajiyyah ( secondary), al-thsaniyyah (complementary) in the village.
IMPLEMENTASI PERADILAN ELEKTRONIK (E-COURT) PASCA DIUNDANGKANNYA PERMA NOMOR 3 TAHUN 2018 TENTANG ADMINISTRASI PERKARA DI PENGADILAN SECARA ELEKTRONIK Hary Djatmiko
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

The continuous development of information and technology (IT), demands its adoption in court institutions worldwide. Therefore, the application of e-court in Indonesia started after the publication of Supreme Court Regulation number 3 of 2018. The purpose of this article is to describe the adaptation of the Indonesian Supreme Court to the use of information technology, in an effort to improve its performance. This research focuses on two research problems, firstly, how is the regulation and implementation of electronic court in Indonesia? Secondly, what are the implications of accessing its application among justice seekers? A normative approach, which relates the broad access towards the justice seeker, was used. The implementation of IT in court processes is a reformative initiative, through innovation, efficiency, structure and system. This advancement would also assist the judges in examining, judging and declaring a case. Socially, these further helps those who seek justice to cost effectively simplify and hasten the process, therefore mark a new era.
MENINJAU ULANG SISTEM PEMBINAAN NARAPIDANA KORUPSI DI INDONESIA Nimerodi Gulo
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

Indonesia continues to improve its efforts to eradicate corruption which is in fact an extraordinary crime. Corruption requires extra treatment not only in the process of law enforcement but also the process of fostering corruption inmates. So far, the existing laws and regulations have not clearly regulated the concept of good coaching, especially for corruption convicts as a result of corruption inmates are still free to use resources and influence to be able to obtain various facilities that actually conflict with existing regulations. The problems that will be raised in this article are: First, how is the system of guiding corruption inmates in several countries? Second, how is the concept of fostering corruption prisoners better for Indonesia. This article uses a normative approach through the study of literature or literature. This article concludes the model of fostering prisoners in particular corruption prisoners in Penitentiary has not run as expected. Departing from the comparison of prisoner development models in various countries, we need a different approach to fostering models both for public inmates and corruption accordingly. It is necessary to improve and synchronize efforts to foster corruption inmates, both institutional structures, the substance of RI Law No.12 of 1995 and the culture of stakeholders to be able to provide adequate solutions for fostering corruption inmates.
PERLINDUNGAN HAK KONSTITUSIONAL BURUH Wilma Silalahi
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

Indonesia as a democratic rule of law places the rights of citizens as part of the basic rights guaranteed and protected by the state. The rights of citizens are further regulated in the 1945 Constitution as the highest basic law, hereinafter referred to as constitutional rights. However, in its implementation there are still often violations of labor rights. Over time workers who feel their constitutional rights are impaired by the enactment of norms in the Manpower Act submit a judicial review to the Constitutional Court related to the conception of protecting labor rights. The writing of this article uses the normative legal research method. The conclusion of this article is that the concept of protection of labor rights in legislation that guarantees the constitutional rights of workers or workers' normative rights that can be broadly grouped into four, namely economic rights, political rights, rights that are medical nature, and social rights. Conception of Labor Rights Protection According to the Constitutional Court as reflected in Decision on Case Number 012 / PUU-I / 2003, is an interpretation of the Constitutional Court's law on the 1945 Constitution related to the examination of the Labor Law.
PENGAWASAN PASAR MODAL SETELAH BERLAKUNYA UNDANGUNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN Suwardi
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

The capital market is seen as an effective means to accelerate the development of a country because of its ability to mobilize long-term funds from the public to be channeled to productive sectors. However, trading traffic on the capital market requires supervision from the government or parties that are considered to be independent to create safe and comfortable market conditions for each party that will carry out the transaction. This article raises the issue of how to control the capital market before and after the enactment of the Law Number 21 of 2011 concerning the Financial Services Authority ?. The writing of this article uses a normative approach in analyzing various laws and regulations as well as literature related to capital market developments. The process of data analysis is done qualitatively. The function of the capital market supervision after the enactment of Law Number 21 of 2011 concerning OJK replaces the function previously performed by the Capital Market Supervisory Agency (Bapepam). Supervision under the OJK is based on a passion to give attention to protection and education for consumers. Education and protection of financial consumers is directed to increase the trust of investors and consumers in every activity and business activity in the financial services sector and provide opportunities and opportunities for the development of the financial services sector in a fair, efficient and transparent manner.
PENYELESAIAN SENGKETA LINGKUNGAN HIDUP DI LUAR PENGADILAN Salmudin
Legalita Vol 1 No 1 (2019): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

Sustainable development always causes changes to the environment, which causes damage. In order to resolve problems with those who have polluted the environment, it is done through the courts (Litigation) and through out of court (Non Litigation), while the settlement through the courts, can be done through the means of criminal law, civil law and administrative law . The problem in this article itself is First, how is the settlement of environmental disputes outside the court in civil law matters? Second, what are the obstacles in resolving environmental disputes outside the court? This article uses a normative approach to further analyze data qualitatively. Out-of-Court Dispute Settlement is actually held to reach agreement on the form and the amount of compensation, and / or certain actions, to ensure there is no occurrence or recurrence of negative impacts on the environment. The obstacles that are often faced by the settlement of environmental disputes outside the court are mainly related to the nominal and the form of compensation due to differences in views between pollutants and prosecutors. Another obstacle is the difficulty of administrative law enforcement in the context of environmental management, when faced with administrative decisions in the form of revocation of business licenses that will have a sociological economic impact causing pressure from the community / Non-Governmental Organizations (NGOs) to submit cases of pollution and damage to court hearings.
PENEGAKAN HUKUM TERHADAP PELAKU PENGANCAMAN PORNOGRAFI (Study Kasus Polres Lampung Utara) Ibrahim Fikma Edrisy; Fahrul Rozi
Legalita Vol 3 No 2 (2021): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

This study intends to identify law enforcement against perpetrators of pornography condemnation based on Article 45 paragraph (1) and Article 27 paragraph (1) of the ITE Law, as well as determine what variables prevent pornography condemnation. ITE This is a study of legal principles. The case under investigation will be thoroughly investigated by researchers. Secondary data is the type of information used. Primary legal documents, secondary legal materials, and tertiary legal materials were used as secondary data sources. Primary and secondary data are the types of data collected by the writers in this study. Data that is directly obtained from a source is referred to as primary data
PEMBELAJARAN ONLINE MASA COVID-19 DI PERGURUAN TINGGI (Studi Universitas Muhammadiyah Kotabumi) Sri Retno Fatimah; Salis M Abduh; M. Ruhly Kesuma Dinata
Legalita Vol 3 No 2 (2021): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

During the COVID-19 pandemic, it affected the education system which directed the learning system to the implementation of distance learning, so that education continued to work to achieve the functions and objectives of education in Article 3 of Law Number 20 of 2003 concerning the National Education System. The method used in this research is empirical legal research to see directly and observe the objects and circumstances that exist in the research area and their legal effectiveness. A learning policy can be said to be effective and successful if it can realize the functions and objectives of education. The components involved in the learning system such as educators, materials and curriculum, learning methods, infrastructure and learning environments are evaluated to see whether or not the educational functions and objectives are implemented. In online learning during the COVID-19 era, the functions and objectives of education have not been fully achieved due to obstacles in their implementation. The inhibiting factors in its application are lack of concentration, inadequate facilities and infrastructure, limited internet access and limitations in the use of technology. As long as there is no solution to quell the pandemic, online learning must continue and educator practitioners must increase creativity to create quality and interesting learning.
EKSISTENSI BADAN PENGAWAS PEMILIHAN UMUM DALAM PENYELENGGARAN PEMILIHAN UMUM MENURUT UU NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM Siti Mardiyati; Indrajaya Indrajaya
Legalita Vol 3 No 2 (2021): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

As one of the election organizers, Bawaslu has now become an institution that structurally already exists at the district and/or city level. As an institution authorized by law. Law Number 7 of 2017 concerning General Elections provides reinforcement for Bawaslu in carrying out prevention and prosecution with the authority to decide disputes over the election process and administrative violations. The problem in this journal research is how the existence of Banwaslu after the issuance of Number 7 of 2017. This type of legal research is normative, the legal materials used are primary, secondary and tertiary. It is carried out with a statute approach and the conclusion of this study is that the existence of Bawaslu is currently in line with public expectations
ANALISIS PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PELAKU TINDAK PIDANA MENGHILANGKAN NYAWA ORANG LAIN (Studi Perkara Nomor 64/Pid.B/2018/PN.Kbu) Nisa Fadhilah; Kamilatun Kamilatun
Legalita Vol 3 No 2 (2021): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

Pemeriksaan pada sidang pengadilan pastilah dipimpin oleh seorang hakim, dimana dalam persidangan tersebut hakim dan Jaksa Penuntut Umun bertanya kepada terdakwa atau kuasa hukumnya dan saksi-saksi hal ini dimaksudnya untuk menemukan kebenaran materiilnya seperti waktu dan tempat terjadinya pidana, unsur-unsur pasal yang dilanggar serta hal-hal yang memperberat dan meringankan terdakwa. Selanjutnya sebelum hakim menetapkan putusannyahakim juga akan memeriksa syarat formilnya seperti identitas terdakwa nama, tempat tanggal lahir, jenis kelamin, umur, pekerjaan, alamat, serta agama terdakwa. Hasil penelitian bahwa pertimbangan hakim yang berupa putusan yang nantinya harus dipertanggungjawabkan oleh hakim itu sendiri, sedangkan yang menilai putusan tersebut adalah masyarakat luas.

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