Jurnal Ilmu Hukum Kanturuna Wolio

PENEGAKKAN ASAS EQUALITY BEFORE THE LAW DI MASA PANDEMI TERHADAP PEMBATASAN AKTIVITAS SOSIAL

Fandi Fadli, Faharudin Faharudin, Nasrin Nasrin — Fri, 31 Jan 2025 00:00:00 +0800

The entire world community agrees that the right to health is a fundamental right that every human being has. The right to health, which was previously seen as just a personal matter related to fate or God's grace, has now experienced a huge paradigm shift to become a legal right which is of course guaranteed by the state. In the midst of the Covid-19 pandemic which has spread almost throughout In the Indonesian region, the Government must be alert in issuing various strategic policies so that it can carry out its obligations to always guarantee the fulfillment of the right to health for all people, of course by enforcing laws based on the principle of equality before the law.

This research found that the Government was too slow in taking anticipatory and mitigation measures in tackling the corona pandemic. In the end, the Government declared a Public Health Emergency status and chose Restrictions on social activities as an option to respond to the Public Health Emergency, besides that the Government also had to pay attention to the economic and fiscal sectors according to the country's conditions and capabilities.

PELAKSANAAN PERJANJIAN KERJASAMA PENJUALAN TIKET PENUMPANG KAPAL PT. PELNI (PERSERO)

Zamrud Wa Ode, Muskur La Ode Muhammad, Rachmat Taibu, Nida Asmalila — Fri, 31 Jan 2025 00:00:00 +0800

This study aims to determine the implementation of a cooperation agreement for the sale of ship passenger tickets between PT Pelni (Persero) and PT Deputy Mengkoli Jaya and to find out the settlement efforts when one party breaks the promise. The primary data sources come from interviews with sources and observations, and the secondary data sources come from the Civil Code (KUHPer) Law No. 17 of 2008 on Shipping, Marketing of Ship Passenger Tickets Agreement Letter No. TH.02.01.83 / SPK: TH.02.01.83/SS/2021, books, literature and internet articles, and the results of previous research related to the aspects studied. The data will be collected through interviews, observation and literature review. The data obtained is in the form of narrative text, which is a systematic sequence. The results of this study conclude that the cooperation agreement for the sale of ship passenger tickets between PT Pelni (Persero) and PT Wamengkoli Jaya is a standard agreement or written contract in the marketing of ship passenger tickets, which contains rights and obligations, as well as settlement efforts in the event of default by providing administrative sanctions, compensation and disciplinary sanctions.

UPAYA BADAN PENGAWAS PEMILIHAN UMUM DALAM PENANGGULANGAN TINDAK PIDANA MONEY POLITIC

Samaluddin Samaluddin, Darmawan Wiridin, Saiful Karim — Fri, 31 Jan 2025 00:00:00 +0800

This research aims to understand the efforts of the Election Supervisory Agency (Bawaslu) in preventing money politics, especially in Tarafu Village, Batupoaro Subdistrict, Baubau City, and the inhibiting factors faced by the Election Supervisory Agency in eradicating money politics in Tarafu Village, Batupoaro Subdistrict, Baubau City. The research method employed is literature review and field study with the principles approach using Law Number 7 of 2017 and the Constitution of the Republic of Indonesia. The research specification is descriptive. Data sources involve direct question and answer sessions with election organizers including the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu), involved legislative candidates, and the residents of Tarafu Village, Batupoaro Subdistrict, Baubau City, as well as books and internet articles related to the researched title. The data collection method is literature review. The data presentation method is in the form of narrative text, systematically outlined. Data analysis is qualitative.

Based on the results of the research and discussion in this thesis, it can be concluded that the efforts of the Election Supervisory Agency in preventing money politics, especially in Tarafu Village, Batupoaro Subdistrict, Baubau City, are through intensive socialization, direct enforcement against violations, and internal capacity building. Although there are reports from the Subdistrict Election Supervisory Committee (Panwascam), most do not meet the material criteria for further action. Overall, these efforts by Bawaslu have succeeded in reducing the practice of money politics, although there are still challenges in collecting evidence and handling reports. The inhibiting factors faced by the Election Supervisory Agency in combating Money Politics in Tarafu Village, Batupoaro Subdistrict, Baubau City are as follows: Economic Factors, Cultural Factors, and Lack of Public Knowledge About Politics.

PENERAPAN SANKSI TERHADAP NARAPIDANA YANG MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN SAAT MENJALANI PERAWATAN DI RUMAH SAKIT

Ali Mustafa La Ode, Adelia Susanto — Fri, 31 Jan 2025 00:00:00 +0800

This study discusses the application of sanctions against prisoners who escape

from correctional institutions while undergoing treatment in hospitals. The phenomenon of prison escapes during medical treatment poses a serious challenge for the correctional system in maintaining security and enforcing the law. This study uses a qualitative method by examining laws and regulations governing sanctions against prisoners who escape as well as case studies of several prison escape incidents. The results of the study indicate that there are gaps in supervision that are exploited by prisoners to escape, and the application of additional sanctions based on the Criminal Code (KUHP) and other related regulations still requires stricter enforcement. The sanctions applied aim to provide a deterrent effect, as well as prevent similar incidents from happening again. The conclusion of this study emphasizes the importance of increasing supervision and coordination between correctional institutions and health agencies in overseeing prisoners during treatment outside prison.

KAJIAN SOSIO YURIDIS PROSES PELAKSANAAN PRAPERADILAN DI PENGADILAN NEGERI BAUBAU

Hardi Done, Bunga Ali La Ode, Dedy Sarman Ridjalin — Fri, 31 Jan 2025 00:00:00 +0800

This research aims and examines the Socio Juridical Study of the Pretrial Implementation Process at the Baubau District Court. This study was carried out by combining juridical facts and field facts. Juridical facts show that every pretrial application submitted by the applicant must have a decision, whether the application is granted or rejected. After research has been carried out and this study has been compiled using field data, it will be found that if the process of arrest, detention, termination of investigation or prosecution and compensation or rehabilitation is legal, it can be concluded that: If the applicant's application is reasonable and can be proven, the pre-trial institution will issue a pre-trial decision, if it is unfounded and cannot be proven, then the judicial institution will issue a rejection decision or before the examination is complete the applicant withdraws the application or before the pre-trial examination of the main case has been submitted and heard then it will be dismissed. the pretrial application. The factors causing there to be no pre-trial decision are closely related to whether the petition is reasonable and can be proven or not or whether the applicant withdraws the petition before the case is finished or the main case has entered the trial process and has not been completed so the petition is dismissed.