Jurnal Ilmu Hukum Kanturuna Wolio

TINJAUAN HUKUM TERHADAP PELAKSANAAN PENERAPAN SERTIPIKAT HAK ATAS TANAH SECARA ELEKTRONIK DI KABUPATEN MUNA BARAT

Muskur La Ode Muhammad — 2026-01-31

The objectives that the author wishes to achieve in this study are to how is the implementation of electronic cadastral certificates going at West Muna Land Office? What are the obstacles in the implementation of electronic cadastral certificates at West Muna Land Office? This research is part of the typology of empirical legal research. Research data were collected through document/library research and interview switch West Muna Land Agency Office and then processed using a qualitative descriptive program. The results are presented through conclusions and statements. The analysis was carried out using a legislative approach combined with a sociological approach. The results of this study have shown that the implementation of the application of electronic cadastral certificates at the National Land Agency in West Muna Regency should be implemented, taking into account the implementation of electronic cadastral certificates to make it practical, cost-effective and time. Efficient both for the land registry officials in West Muna and the community, especially West Muna, and to overcome problems related to the land sector such as duplicate certificates or to reduce corruption, collusion and nepotism. Weaknesses in the implementation of electronic cadastral certificates at the National Land Agency in West Muna Regency are Human Resources (HR) readiness, data validation not completed, land registry not completed, lack of existing facilities, Internet network not optimal, lack of socialization, geographical location of the area, mosh/ of the islands, reorientation/austerity.

TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN SEPASANG KEKASIH DI KOTA BAUBAU

Ali Mustafa La Ode — 2026-01-31

This study examines a premeditated murder case committed by a couple in Baubau City, citing judgment number 325/Pid.B/2014/PN.Bau of the Baubau District Court. The phenomenon of premeditated murder is of particular importance because it demonstrates the highest degree of culpability in criminal law, with the element of premeditation constituting the primary distinction from ordinary murder. This study employed normative legal research methods with a legal and case-based approach, supported by primary data in the form of copies of court judgments and secondary data from criminal law literature. The results indicate that the judge correctly applied Article 340 of the Criminal Code in conjunction with Article 55, paragraph (1), point 1 of the Criminal Code in the ruling. The elements of the crime, from intent and planning to the involvement of each defendant, were legally and convincingly proven in court. The judge's considerations also reflect a balance between legal and non-legal aspects, by considering both aggravating factors (such as careful planning and the impact on the victim's family) and mitigating factors (the defendant's polite attitude and confession). This study emphasizes the importance of applying the principles of nullum crimen sine lege and nulla poena sine lege in criminal law enforcement. This ruling not only provides legal certainty and a deterrent effect for perpetrators, but also has an educational and preventive dimension for society, by reminding that serious crimes such as premeditated murder are punished severely under the law.

TINJAUAN YURIDIS MONEY POLITIK DALAM PENYELANGGARA PEMILIHAN KEPALA DAERAH KABUPATEN BUTON TAHUN 2024

Faharudin Faharudin — 2026-01-31

The Regional Head Election (Pilkada) is an essential part of Indonesia's democratic system. However, in practice, money politics remains prevalent and undermines the principles of fair and honest elections. This research aims to examine the practice of money politics in the 2024 Regional Head Election in Buton Regency from a legal perspective, based on Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors. The research employs a normative juridical method using statutory and limited field study approaches. The findings indicate that money politics still occurs widely, in forms such as giving money or goods to voters, either directly or indirectly. Although Law Number 10 of 2016 explicitly prohibits money politics and stipulates sanctions, its implementation remains ineffective due to weak supervision, poor law enforcement, and the low legal awareness of the public. Strengthening law enforcement, providing political education to the public, and enhancing participatory oversight are necessary efforts to ensure that regional elections are conducted in a clean, honest, and integrity-based manner.

UPAYA PERLINDUNGAN HUKUM TERHADAP STATUS TANAH YANG MENJADI JALAN TANI TANPA AKTA IKRAR WAKAF

Zamrud Wa Ode — 2026-01-31

The resolution of disputes over waqf (endowment) without a waqf declaration deed has significant legal implications, as regulated by Law No. 41 of 2004 on Waqf. Land endowed without a waqf declaration deed lacks clear legal force, which can lead to uncertainty regarding the status of the land and potential disputes in the future. This study examines the importance of the waqf declaration deed as valid evidence of the intention to endow property, as well as a requirement to ensure the validity and protection of rights over waqf land. The case in Watuampara Village serves as a real example of how unclear land status can lead to conflicts among interested parties. Preventive measures against disputes are crucial and should be conducted through socialization and education regarding the waqf declaration deed and the registration of waqf land. Additionally, dispute resolution can be carried out through non-litigation methods, such as deliberation, or through litigation if deliberation does not yield results. This study concludes that to avoid legal risks and potential disputes, it is essential for parties wishing to endow land to promptly execute a waqf declaration deed in accordance with applicable regulations.

ANALISIS YURIDIS KASUS TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANAGGOTA TNI AKTIF YANG MENDUDUKI JABATAN SIPIL

Bunga Ali La Ode — 2026-01-31

This research aims to provide a juridical analysis of corruption crimes committed by active members of the Indonesian National Armed Forces (TNI) who hold civilian positions. The primary focus is on the conflict of authority between Military Courts and the Corruption Eradication Commission (KPK) in enforcing the law against military personnel involved in corruption. Using a normative-juridical and conceptual approach, and employing literature review as the data collection method, this study examines relevant legal frameworks including Law Number 31 of 1997 on Military Courts and Law Number 31 of 1999 jo. Law Number 20 of 2001 on the Eradication of Corruption Crimes. The findings indicate that although active TNI members are subject to Military Courts, in the context of corruption committed while holding civilian office, the general court system—particularly the KPK—has the authority to prosecute such cases, based on the legal principle of lex specialis derogat legi generali. This study recommends harmonization of overlapping regulations to prevent normative conflicts in the prosecution of corruption cases involving active military personnel.

PERAN KEPOLISIAN DALAM UPAYA PENEGAKAN HUKUM TERHADAP PENIPUAN SECARA ONLINE

Nasrin Nasrin — 2026-01-31

The title of this research is The Role of the Police in Law Enforcement Efforts Against Online Fraud. This research aims to determine the role of the Police in law enforcement efforts against online fraud. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach, and a philosophical approach. The results of this research conclude that the police's efforts in enforcing criminal law against online fraud are first carried out through investigation, this investigation stage is the first stage carried out by investigators in investigating criminal acts and the most difficult stage in the investigation process, this is because investigators must be able to prove the crime that occurred and how and the causes of the crime in law enforcement. Factors inhibiting police law enforcement against online fraud include legal factors, infrastructure, law enforcement, operational costs and losses, and societal factors. Law enforcement officials, specifically the police, must be more innovative in addressing advances in technology and information. This is because, as technology and information advances, perpetrators are increasingly facilitated in committing crimes. This will facilitate their investigations and keep pace with the increasingly sophisticated rise in crime, particularly online fraud. The government, in particular, needs to strengthen existing laws and regulations to minimize and prevent crime.

PERMOHONAN EKSEKUSI NAFKAH ISTRI PASCA PERCERAIAN

Rachmat Taibu — 2026-01-31

The purpose of this study is to determine the application for the execution of wife's maintenance after divorce. To determine the inhibiting factors in the execution of wife's maintenance after divorce. This study adopts normative law research using normative case studies in the form of legal products, for example studying the Law. The main subject of the study is the law that is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. So that normative legal research focuses on the inventory of positive law. The method of collecting legal materials that will be used in this study is through library research. The data analysis used in this study is qualitative descriptive data analysis, namely data obtained after being systematically compiled, to then be analyzed qualitatively descriptively in the form of descriptions. The results of the study show that based on the implementation of the divorce decision, regarding the wife's maintenance after the divorce takes precedence over the pronouncement of the divorce vow, it is based on SEMA no. 1 of 2017.regarding the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as a Guideline for the Implementation of Duties for the Court which states that the payment of wife's maintenance after divorce is paid before the declaration of divorce. This is done to protect the rights of women who are divorced by their husbands and also to fill the legal vacuum in Indonesia. If within a period of 6 (six) months from the date of the determination of the declaration of divorce, the husband or his attorney does not carry out the declaration of divorce in front of the court, then the legal force of the determination is void, and divorce cannot be submitted again based on the same legal reasons (Article 70 paragraph (6) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). After the divorce vow is pronounced, the clerk is obliged to provide a Divorce Certificate as proof to both parties, no later than 7 (seven) days after the determination of the divorce vow (Article 84 paragraph (4) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). Inhibiting factors in the execution of the wife's nasfakah after divorce The absence of firm and clear rules for husbands who do not carry out the divorce vow, decisions that cannot be executed and the low level of legal awareness and legal knowledge in society.

TINJAUAN YURIDIS TENTANG PENGATURAN PEMBEBASAN BERSYARAT DALAM SISTEM PERADILAN PIDANA

Hardi Done — 2026-01-31

This study aims to analyze the regulations regarding parole in the Indonesian criminal justice system, specifically its requirements, procedures, and the role of correctional institutions (Lapas) in their implementation. The study utilizes a normative legal methodology combined with an empirical approach, through a literature review and interviews conducted in the Baubau Class IIA Prison. The study's results indicate that parole is a right of prisoners, as enshrined in Article 15 of the Criminal Code and Law No. 12 of 1995 on Prisons, with substantive requirements such as a minimum sentence of two-thirds (at least nine months), good behavior, active participation in development programs, and community acceptance; as well as administrative requirements in the form of complete legal documents, community investigation reports, behavioral records, and letters of guarantee. The procedure for granting this right is a multi-layered process, starting with the inmate's application, assessment by the prison's observation team, verification by the head of the prison, approval by the regional office of the Ministry of Justice and Human Rights, and ratification by the Directorate General of Prisons. Prisons play a strategic role in the development, feasibility assessment, proposals, and coordination with the Correctional Center for post-release supervision. However, practical implementation faces obstacles, such as limited resources for correctional services and low community acceptance of ex-offenders. Optimizing conditional release therefore requires synergy between prisons, correctional facilities, and the community to achieve the goals of the correctional system, namely social reintegration and recidivism prevention

TINJAUAN YURIDIS TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN SURAT WASIAT BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Muh Syarifuddin — 2026-01-31

This research is motivated by the conflict of norms between the applicable regulations and the reality that occurs in the field. Law Number 2 of 2014. Concerning the Position of Notary does not clearly explain what are the responsibilities of a Notary in making authentic deeds, especially wills. The purpose of this study is to determine the responsibilities of a Notary in making a will and how to implement a will if the Notary who is given the mandate has retired. The results of the study indicate that the responsibility of a Notary in making a will is only to store the letter. A will is not a Notary product. This means that a Notary is not responsible for the contents of the will. The contents of the will are a unilateral will made by someone and stated in the form of a will. The implementation of a will even though the Notary who is entrusted has retired is still carried out as it should be. A Notary who has retired before entering his retirement period is required to submit a protocol during his term of office to the replacement Notary he has appointed and the replacement Notary is willing. This aims to ensure that all duties and responsibilities of a Notary can still be carried out in accordance with applicable procedures

TINJAUAN HUKUM PERAN DESA DALAM IMPLEMENTASI PEMBANGUNAN DI KABUPATEN WAKATOBI

Darmawan Wiridin — 2026-01-31

Village development is an integral part of sustainable and inclusive national development. In the context of decentralization and regional autonomy, villages are granted significant authority to serve as the driving force for grassroots development. This study discusses the role of villages in implementing development in Wakatobi Regency, focusing on the village government as the subject of development, village authority, village fund management, community empowerment, local economic development, and the relationship between villages and autonomy. The research also examines factors hindering the role of villages in development within Wakatobi Regency, identifying challenges faced by both central and regional governments in implementing village governance policies. The study employs a normative-empirical legal research method with a normative approach to analyze regulations governing the role of villages in development, such as Law No. 6 of 2014 concerning Villages and its implementation.The findings reveal that obstacles to the effective implementation of village roles in development in Wakatobi Regency include limited human resources (HR), low institutional capacity of village governments, weak supervision and community participation, inadequate understanding of village officials regarding regulations governing development, suboptimal utilization of village funds, and the underutilization of the Village Consultative Body (BPD) in conducting oversight