Jurnal Ilmu Hukum Kanturuna Wolio

PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PROSES PERCERAIAN ORANG TUA PADA PERKARA NOMOR 404/PDT.G/2024/PA BB (STUDI KASUS DI PENGADILAN AGAMA BAUBAU KELAS II)

Muskur La Ode Muhammad — 2025-07-28

Indonesia regulates marriage through Law Number 16 of 2019, which stipulates the conditions, rights, and obligations of husband and wife to create a harmonious family. However, domestic conflict often leads to divorce, which has a negative impact, especially for children who become victims. This study aims to understand and explain the facts that occur and the application of norms in practice. In the context of child custody after divorce, it can also determine the efforts that can be taken if the decision is not implemented. The type of research applied in this study is a qualitative method, namely empirical legal research. This research focuses on an in-depth analysis of legal documents, as well as conducting observations and interviews with subjects in the field. The judge carefully considered granting custody to the plaintiff, namely the mother, because the children are still in a state of mumayyiz and unable to care for themselves. The plaintiff is required to provide access to the defendant to meet the children, and preventing meetings can be grounds for the court to revoke custody. If the children's rights are not fulfilled, there are two efforts that can be taken: execution and detention of the divorce certificate by the court.

PERAN HUKUM ADAT DALAM PENYELESAIAN PERKARA PIDANA PENCEMARAN NAMA BAIK STUDI DI LEMBAGA ADAT LIPU KATOBENGKE

Hardi Done — 2025-07-28

This research discusses the role of customary law in the resolution of criminal cases, particularly defamation, in the Lipu Katobengke indigenous community in Southeast Sulawesi. Customary law in this region serves as a mechanism for conflict resolution that emphasizes local wisdom values and social harmony. This study employs a normative-empirical approach, with data collection through interviews, observations, and literature studies. The results of this study indicate that the Lipu Katobengke community still relies on customary leaders to resolve criminal cases, with a mediation process involving all relevant parties. The sanctions applied vary, ranging from light sanctions in the form of fines to heavy sanctions that are now handed over to the authorities. This research emphasizes the importance of preserving the culture and traditions of customary law, as well as the need to enhance the capacity of customary leaders in conflict resolution. Furthermore, cooperation between the indigenous community and the authorities is essential to ensure the sustainability of customary law in a modern context.

TINJAUAN YURIDIS PEMBEBASAN LAHAN UNTUK KEPENTINGAN UMUM DALAM PRESPEKTIF HAK MILIK DAN PENGGANTIAN KERUGIAN MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA

Rachmat Taibu — 2025-07-28

The problems formulated in this research are: What are the legal provisions concerning land acquisition for public interest from the perspective of ownership rights according to legislation; and what are the common obstacles in the process of land acquisition for public interest as well as the solutions and settlements? This research uses a normative juridical method with a descriptive qualitative approach. Data were obtained through a literature review of laws and regulations, legal documents, and scientific literature, and were complemented by field data through observation and documentation in the Baubau City area.

The research results indicate that land acquisition for public interest does not fully guarantee the protection of ownership rights. In many cases, the compensation given does not align with the social and economic value of the land acquired, and there is minimal community involvement in the deliberation process. Furthermore, gaps in regulatory implementation hinder the achievement of substantive justice. Therefore, synchronization is needed between normative regulations and their implementation in the field, as well as a transparent, accountable, and participatory land acquisition mechanism.

This research recommends that the government and related institutions prioritize legal principles that ensure fairness and equality in every land acquisition process. There is a need for legal education for the community regarding their rights, as well as the importance of strengthening legal instruments that can ensure certainty and protection of ownership rights in every form of land procurement for public interest. It is hoped that this research can contribute valuable thoughts to the development of agrarian law in Indonesia.

TUGAS DAN FUNGSI SATUAN PERAWATAN TAHANAN DAN BARANG BUKTI (SAT SAHTI) DALAM PENANGANAN BARANG BUKTI TINDAK PIDANA DI POLRES BUTON UTARA

Ali Mustafa La Ode — 2025-07-28

This study aims to determine the implementation of supervision of detainees and evidence in the jurisdiction of the North Buton Police Resort and to determine the obstacles and efforts to overcome obstacles in the implementation of supervision of detainees and evidence in the North Buton Police Resort. This study is a descriptive study, the location of this research is at the North Buton Police Resort, data analysis in this study uses a qualitative method, namely using information or data that has been collected and presented in the form of descriptions by combining library research and field research so that a conclusion can be drawn in order to obtain a complete and systematic picture regarding the Management of Evidence in the Criminal Case Settlement Process. As for the results of this study, it can be concluded that the implementation of evidence management is guided by Police Regulation No. 10 of 2010 concerning Evidence Management Procedures: Implementation of evidence management at the North Buton Police Department includes receipt, storage, safeguarding, maintenance, release, destruction, administration, and reporting. The implementation of evidence management at the North Buton Police Department complies with applicable police legal regulations, ensuring that all items confiscated by investigators are stored at the SAT TAHTI (Detention Unit) in the evidence storage warehouse. However, the implementation of evidence management continues to face challenges, including a lack of police personnel on duty, inadequate facilities and infrastructure, and a lack of experts within the SAT TAHTI organizational structure.

PERLINDUNGAN DAN PENEGAKKAN HUKUM BAGI PELAKU DAN KORBAN PERUNDUNGAN ( BULLYING)

Bunga Ali La Ode — 2025-07-28

This study aims to examine how the law is enforced against perpetrators of bullying in Indonesia, and how legal protection is provided to both victims and perpetrators. The research uses a normative method with a statutory and restorative justice approach, especially concerning children as both offenders and victims. The results show that law enforcement is carried out in stages, from reporting and investigation to possible resolution through mediation or juvenile justice proceedings. Legal protection is provided under the Child Protection Law and the Witness and Victim Protection Law, which guarantee safety, identity confidentiality, psychological assistance, and rehabilitation. Bullying management should ideally be handled collaboratively among the police, psychologists, and educational institutions, using an approach that emphasizes recovery rather than retribution.

PERLINDUNGAN HUKUM TERHADAP USAHA MIKRO, KECIL DAN MENENGAH (UMKM) MELALUI KERJASAMA KEMITRAAN DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA

Zamrud Wa Ode — 2025-07-28

The proposed research question is: What is the state of the legal regime for the protection of micro, small and medium-sized enterprises (SMEs) through partnership cooperation in the perspective of the law? What are the forms of partnership cooperation for micro, small and medium-sized enterprises (SMEs) in the perspective of Law No. 6 of 2023 on job creation? This research is part of the normative legal research typology. The research data were collected through document/library research and legal regulations, and then processed using a qualitative descriptive program. The results are presented in the form of conclusions and explanations. The analysis was carried out using a legislative and a legal approach.

The results of this study showed that the legal provisions regarding the protection of SMEs are set out in laws and regulations, namely Law No. 20 of 2008 on SMEs, Law No. 6 of 2023 on Job Creation, and Government Regulation No. 7 of 2021 on Facilitating, Protecting and Strengthening Cooperatives and Micro, Small and Medium-sized Enterprises. The form of cooperation within SMEs is regulated in Law No. 6 of 2023 on Job Creation in Article 87, paragraph (5), namely the Core Plasma partnership model, subcontracting, franchising, general trade, distribution and agency, supply chain, profit sharing, operational cooperation, joint ventures and outsourcing. The form of partnership cooperation is also regulated in Article 106 of Government Regulation No. 7 of 2021.

This study recommends that the form of legal protection for SMEs should be further developed, despite the fact that it is already regulated in the Employment Act and Regulation No. 7 of 2021, regarding the application for business licenses, the socialization of SME development and the imposition of sanctions on SMEs that have been proven to have committed fraud. The Employment Act provides many benefits to SMEs and stimulates economic growth, but the hope is that SMEs have qualified personnel to understand and apply the benefits of the law.

TINJAUAN YURIDIS TANGGUNG JAWAB HUKUM RUMAH SAKIT DALAM PENYELENGGARAAN REKAM MEDIS

Nasrin Nasrin — 2025-07-28

This study aims to provide a clear and comprehensive overview of the procedures for maintaining medical records in accordance with applicable laws and regulations. This study is a normative juridical study using both legal and conceptual approaches. This study addresses the issue of hospital accountability in the event of errors in maintaining medical records and the provisions regarding the maintenance of medical records. Medical records are vital in the medical world, as a person's health history can be known and studied through them. The management of medical records includes the creation, maintenance, and destruction of medical record files, as regulated in the Minister of Health Regulation (Permenkes) Number 24 of 2022 concerning Medical Records

PERAN GEGANA KORPS BRIMOB POLRI DALAM PENANGGULANGAN TINDAK PIDANA TERORISME

Darmawan Wiridin — 2025-07-28

This study aims to determine the role of the Gegana Corps Brirnob Polri in countering terrorist crimes. To determine the standard operating procedures for countering terrorist crimes by Gegana Corps Brirnob Polri This study is a normative legal research using a statutory approach, a conceptual approach, a historical approach, and a philosophical approach. The results of this study conclude that the Role and Function of the Gegana Detachment of the Brimob Unit in Countering Terrorism Terrorist crimes are generally carried out by clandestine elements (underground networks) that are organized and specially trained. Security measures are carried out on team members before carrying out terrorist acts. Usually they are made into a cell system before carrying out the destruction of targets. Surveillance of terror targets is carried out by personnel who are specifically tasked as scouts. The crime of terrorism is regulated in Law Number 15 of 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism into Law (Terrorism Law).The Terrorism Law was enacted at the time due to a pressing need, namely a series of bombings in the Republic of Indonesia, such as the Bali bombing and the Marriott bombing in 2003. These incidents had caused widespread public fear, resulting in loss of life and property damage, thus negatively impacting Indonesia's social, economic, and political life, and international relations. These bombings are a common tactic used by terrorists in several countries.

TINJAUAN YURIDIS EKSISTENSI KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM KETATANEGARAAN INDONESIA

Faharudin Faharudin — 2025-07-28

The purpose of the research is to find out the Existence of the Indonesian National Police According to the Three Constitutions and Amendments to the 1945 Constitution. And to find out the Existence of the Indonesian National Police according to the Police Law. The type of research used by the author is normative legal research. The Primary Legal Material used is the 1945 Constitution. After the Amendment, the Decree of the People's Consultative Assembly of the Republic of Indonesia, Legislation related to the implementation of regional government on the Function of Regional Heads in the Implementation of Regional Government in accordance with the principles of Democracy. And in this case in the form of books, internet media, articles, and others. The existence of the Republic of Indonesia National Police (Polri) in the Indonesian state system is an important part of the dynamics of the relationship between executive power and law enforcement in a democratic state. After the 1998 reforms, the Polri was institutionally separated from the Indonesian National Armed Forces (TNI) and constitutionally directly under the President as Head of Government. This study aims to examine the position, function, and role of the Indonesian National Police (Polri) within the Indonesian constitutional structure based on the constitution, laws, and constitutional practices. Using a normative-juridical approach and qualitative analysis of laws and official documents, it was found that the Polri holds a strategic position in maintaining public security and order, enforcing the law, and protecting and serving the community. However, its existence also faces challenges in terms of accountability, oversight, and independence from political influence. Restructuring the role of the Indonesian National Police (Polri) within the framework of checks and balances and strengthening external oversight institutions is crucial to ensuring the rule of law and a healthy democracy. In conclusion, the existence of the Indonesian National Police (Polri) must continue to be directed towards strengthening professionalism and integrity so that it can effectively carry out its constitutional duties within the Indonesian constitutional system.

NETRALITAS KEPOLISIAN REPUBLIK INDONESIA PADA PEMILIHAN UMUM (PEMILU)

Hamid La Ode Abdul — 2025-07-28

This research is a type of normative juridical research using a statutory approach, a conceptual approach. This research was conducted to determine: 1) How is the neutrality of the Indonesian police in the election? 2) What are the obstacles to the neutrality of the Indonesian police in the election? The results of the research are that the neutrality of the Indonesian police reflects its ability to carry out state duties without siding with certain political interests. The Indonesian police have a crucial role in ensuring security, order, and justice during the election, including securing polling locations, enforcing the law against election violations, and providing a sense of security to the community. However, maintaining the neutrality of the Indonesian police is not an easy task. The Indonesian police are faced with various challenges, such as political pressure, intervention of political interests, and the need for political parties to maintain the neutrality of the Indonesian police. and threats to the security of its personnel. Nevertheless, the Indonesian National Police (Polri) has developed various strategies to address these challenges and maintain its neutrality during the election. A further problem is the continued involvement of the police in the election due to the political interests of certain groups.