Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://journal.iainlangsa.ac.id/index.php/legalite <p>Legalite: Jurnal Perundang-undangan dan Hukum Pidana Islam is an academic scientific journal published by the Department of Islamic Criminal Law, Faculty of Sharia, IAIN Langsa, since 2016. This journal is published twice a year, in June and December. This journal has study specifications related to law, Criminal law, and reform of Islamic Criminal Law, both in Indonesia and abroad. It is hoped that this journal can contribute to academics studies of criminal law, both from the aspect of Islamic law and the general criminal law that has been in effect in Indonesia. This journal has been a Member of CrossRef since 2018. Therefore, all articles published by this journal will have a unique DOI number.</p> <p>The scope of scientific articles published in this journal is a broad topic in the field of Islamic criminal law and comparative criminal law in force in various countries. Therefore, this journal includes legal studies such as criminal law, Islamic criminal law, fiqh of Jinayat, comparative criminal law, and studies on criminal law reform. This journal welcomes contributions from scholars from related disciplines.</p> <p>Legalite: Jurnal Perundang-undangan dan Hukum Pidana Islam has been "Accredited" SINTA 5 based on the Decree of the Director General of Higher Education, Ministry of National Education of the Republic of Indonesia, in December 2018, and is effective until 2022.</p> en-US legalite@iainlangsa.ac.id (Sufrizal) sufrizal@iainlangsa.ac.id (Sufrizal) Wed, 30 Aug 2023 00:00:00 +0700 OJS 3.1.2.1 http://blogs.law.harvard.edu/tech/rss 60 Problematika Substansi Hukum Dalam Penegakan Hukum Pemilu https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6890 <p><em>Election law enforcement is enforcing electoral justice through legal compliance. Law Number 7 of 2017 concerning General Elections, has been present as an election law regulation with Gakkumdu as an election criminal enforcer, but there are still problems in its implementation. The purpose of this study was to determine how the Law enforcement mechanism for the use of government facilities in Jepara Regency and the obstacles in terms of the legal substance of handling violations of the use of government facilities in Gakkumdu Jepara. The research method uses empirical juridical which emphasizes research in the field. The research site was Bawaslu Jepara. Interviews and distribution of questionnaires are data collection techniques. Data analysis techniques using qualitative data analysis techniques. The results showed that the law enforcement mechanism for the use of government facilities in Jepara regency used the election law and technical regulations of the general election supervisory board regulations. There is an obstacle factor in terms of substance lies in proving that the executor and campaign team must be registered with the KPU while the facts in the field are not registered and the handling period is at least 14 days.</em></p> Misbakhus Sholihin, Iskandar Wibawa Copyright (c) 2023 Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://creativecommons.org/licenses/by/4.0 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6890 Wed, 30 Aug 2023 12:05:31 +0700 Penerapan Sanksi Tambahan terhadap Pengguna Knalpot Non-Standar dalam Undang-Undang Lalu Lintas https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6449 <p><em>This study analyzes the implementation of additional sanctions for users of non-standard mufflers in accordance with Law Number 22 of 2009 concerning Traffic and Road Transportation. The use of noisy racing mufflers is considered a criminal offense, but the existing sanctions are deemed ineffective. The research adopts a normative juridical approach with a legislative perspective. The findings reveal that additional sanctions that can be imposed on users of noisy mufflers include bringing the muffler closer to the user's ears or engaging in specific sports activities. Factors influencing the effectiveness of law enforcement encompass regulations, law enforcement agencies, infrastructure, society, and culture.</em></p> Luky Abdul Majid, Deny Guntara, Muhamad Abas Copyright (c) 2023 Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://creativecommons.org/licenses/by/4.0 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6449 Mon, 18 Dec 2023 22:35:06 +0700 Efektifitas Penanganan Kecelakaan Lalu Lintas Melalui Restorative Justice di Polres Baubau https://journal.iainlangsa.ac.id/index.php/legalite/article/view/7600 <p>This study aims to determine the role of traffic police in handling traffic accident cases through RJ at Baubau Police Station. This research was conducted at Satlantas Polres Baubau. The method used in this research is empirical legal research with data collection through document study and interviews. Sampling was done non randomly with a purposive sampling technique. The data was analyzed using qualitative analysis. The results showed that the settlement of accident cases through restorative justice in 2021–2022 was 306 cases. The obstacles to settlement carried out through Alternative Dispute Resolution (ADR) are carried out by bringing together the victim and the perpetrator. After being brought together, mediation is carried out, which ends with a peace agreement. With a peace agreement. And through Restorative Justice, the restorative justice approach is an option given by the police to the parties involved in a criminal offense. police to the parties involved in a criminal offense. Traffic accident cases can be resolved in a restorative justice process, which is a family settlement to produce a win-win solution for both parties without having to go through the legal process.</p> La Ode Ali Mustafa, Samaluddin Samaluddin, Hardi Done Copyright (c) 2023 Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://creativecommons.org/licenses/by/4.0 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/7600 Mon, 25 Dec 2023 12:51:18 +0700 Pertanggungjawaban Pidana Terhadap Pelanggaran Standar Operasional Prosedur Pada Proses Penangkapan https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6848 <p>In carrying out the task of arresting the existence of standard operating procedures, with the existence of standard operating procedures, it can build a methodical, deliberate, measurable, and representable framework according to the legal basis that guides it. In its implementation, there are many violations regarding standard operating procedures. One example is in the case of arrests that do not meet the standard procedures, and if the standard operating procedures are violated, then of course there is accountability that must be carried out. The results of this study aim to determine what forms of violations of standard operating procedures result in death in the arrest process and liability for violations of standard operating procedures that result in death in the arrest process by the police based on the study of decision number 91/Pid.B/2021/PN.Koto baru. The method used is normative jurisprudence, which is legal research aimed at written regulations. This regulation is closely related to the library because it requires secondary material from the library. Based on the results of the research, it can be concluded that the defendant did not comply with the procedures in accordance with what has been regulated in the law and Perkapolri. And in terms of criminal responsibility regarding the verdict handed down by the judge to the defendant, it is in accordance with Article 354 paragraphs (1) and (2) of the Criminal Code on serious maltreatment charged to the defendant and in accordance with the applicable elements.</p> Putri fathanah, Sukmareni, Yenny Fitri Z Copyright (c) 2023 Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://creativecommons.org/licenses/by/4.0 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/6848 Mon, 25 Dec 2023 00:00:00 +0700 Legal Sanctions for Notaries Violating the Code of Ethics in Making Deeds in Indonesia https://journal.iainlangsa.ac.id/index.php/legalite/article/view/7757 <p>The authority of notaries in Indonesia is regulated by Law Number 2 of 2014 concerning Notary Positions (UUJN). UUJN was established to ensure that notaries carry out their professional duties by providing legal protection and certainty to the public. However, the implementation of this law has not been optimal, leading to violations that contradict its provisions. In the year 2022, 67 notaries were suspected of violating the code of ethics.Through normative legal research, it was identified that notarial code of ethics violations, such as failure to read out deeds or allowing others to sign deeds in the presence of their staff, have been on the rise. Therefore, there is a need for the optimization of sanctions against notaries who breach the code of ethics, both in civil and criminal aspects, in accordance with the severity of their offenses.Supervision of notaries aims to ensure compliance with existing regulations and the code of ethics. If proven guilty of violations, notaries should face sanctions commensurate with their transgressions. The Notarial Code of Ethics encompasses five levels of sanctions, ranging from warnings to dishonorable discharge from the Notary Association membership. Notaries are obligated to adhere to UUJN, the Notarial Code of Ethics, and maintain integrity and dignity in the execution of their profession.</p> Jeane N Saly, Amanda Fitriani Eka Putri, Lena Mariana Sitorus, Michellena Michellena, Najma Syamila, Salsabillah Ayu Puspita Copyright (c) 2023 Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam https://creativecommons.org/licenses/by/4.0 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/7757 Sun, 31 Dec 2023 00:00:00 +0700