Fox Justi : Jurnal Ilmu Hukum

Application of Legal Considerations for Judges with Visum Et Repertum Evidence in the Criminal Act of Preplanned Murder Analysis of Decision Number 1100/Pid.B/2024/Pn Mdn

Eman Triboi Waruwu — 2026-03-26

Visum Et Repertum is a written report from a doctor (expert) made under oath, regarding what was seen and found on living evidence, corpses or physical or other evidence then carried out an examination based on the best knowledge. This study aims to analyze the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia, and the application of legal considerations for judges with visum et repertum evidence in premeditated murder crimes. The research method used is normative juridical with a case and legislation approach and uses various secondary data such as regulations, legislation, court decisions, legal theory doctrines and can also be in the form of opinions of scholars and analyzed qualitatively. The results of the stu dy conclude that the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia is not explicitly regulated in the Criminal Procedure Code. However, in Staatsblad 1937 Number 350 in article 1 it is stated that visum et repertum is a written statement made by a doctor under oath or promise about what is seen on the object being examined which has the power of evidence in criminal cases referring to article 184 paragraph (1) point c of the Criminal Procedure Code regarding written evidence. The application of legal considerations for judges with visum et repertum evidence in the crime of premeditated murder in decision Number 1100 / Pid.B / 2024 / PN Mdn, has applied legal considerations with visum et repertum evidence that has been issued by the Department of Forensic Medicine and Medicolegal Sciences, Bhayangkara Hospital TK II Medan Number: 19 / III / 2024 / RS. Bhayangkara dated March 24, 2024. The conclusion of the study confirms that judges in their decisions prioritize facts in court that are in accordance with the values of justice, certainty, and legal benefits.

Application of the Principle of Legal Certainty in Land Ownership Disputes in Pantai Sari Ringgung

Izqo Seprian Maki — 2026-04-06

This article analyzes the judicial reasoning and legal consequences arising from a land ownership dispute in Pantai Sari Ringgung, Pesawaran Regency, with particular attention to the application of legal certainty in Supreme Court Decision Number 3153 K/Pdt/2021. This article was adapted from an undergraduate thesis and reorganized into journal format without changing its core substance. This article uses normative legal research with a descriptive character and a judicial case study approach. The primary legal materials consist of the 1945 Constitution, the Basic Agrarian Law, the Criminal Code, Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 21 of 2020, and decisions of the district court, the appellate court, and the Supreme Court examined in this dispute. Secondary materials include books and journal articles on land registration, land certificates, overlapping claims, and dispute resolution. The findings indicate that the appellate and cassation courts prioritize administratively valid documentary evidence over factual control and historical claims unsupported by legal ownership rights. Legal certainty is achieved through the recognition of valid land registration data, the validity of evidence from deleted certificates and photocopied documents, and the rejection of claims filed without legal basis. This decision directly impacts the parties by eliminating the plaintiff's legal basis and strengthening the defendant's protected legal position.

Post-Judicial Review of Article 433: The Position of Persons with Disabilities in Making Agreements

Faradigma D Zainuddin — 2026-04-06

Constitutional Court Decision No. 93/PUU-XX/2022 has fundamentally changed the construction of legal capacity for persons with disabilities in the Indonesian civil law system, which for more than a century and a half has been dominated by a discriminatory substitute guardianship regime. This study aims to analyze the transformation of legal capacity norms for persons with disabilities following the decision and examine the operationalization of the supported decision-making paradigm in contract law in Indonesia. This research is a normative legal study with a legislative approach, a conceptual approach, and a case approach. The results show that the Constitutional Court decision has given rise to three fundamental transformations: first, a change in the nature of guardianship from imperative ("must") to facultative ("can"), which opens up room for judicial discretion; second, the elimination of the stigmatizing terminology of "dumb, brain-sick, or dark-eyed" to "person with mental and/or intellectual disabilities"; third, recognition of the episodic nature of mental disabilities, which allows for a case-by-case assessment of capacity. This transformation aligns with the global paradigm shift from substituted decision-making to supported decision-making mandated by the CRPD. However, its implementation in contract law faces serious challenges related to the lack of legal parameters, the validity of the agreement, and the role of notaries. Legal construction is needed that integrates the principle of supported decision-making through voluntary assistance institutions and changes in the mindset of law enforcement officials and the public so that people with disabilities can fully participate as autonomous legal subjects in civil law.

Discrepancy between Norms and Reality: Structural Barriers to Employment Rights for Persons with Disabilities in Gorontalo City

Fayza Tazkia Suleman — 2026-04-06

This study analyzes the barriers to fulfilling the right to obtain employment for persons with disabilities in Gorontalo City, focusing on the discrepancy between legal norms and policy implementation as well as structural barriers in socio-cultural and accessibility aspects. Employing a juridical-empirical method with a socio-legal research approach, this study combines normative analysis of legislation with empirical studies through in-depth interviews and documentation studies. The research findings reveal two main problems. First, there is a sharp discrepancy between the mandate of Law Number 8 of 2016 and Gorontalo City Regional Regulation Number 3 of 2023, which mandate a 2% employment quota for persons with disabilities, and the reality that no persons with disabilities work within the Gorontalo City Government environment out of a total of 613 registered persons with disabilities. This implementation failure is caused by weak law enforcement, the non-integration of disability issues in regional planning and budgeting, and the absence of an integrated database. Second, structural barriers in the form of stigma and perspective discrimination, lack of understanding of reasonable accommodation, inaccessible infrastructure, and low levels of education and job training create a systematic vicious cycle of exclusion. This study recommends comprehensive policy interventions encompassing public perspective transformation, accessible infrastructure development, and sustainable capacity-building programs.

Weighing the Failure of the Anti-Violence Regional Regulation in Gorontalo: Regulatory Gaps or Weak Law Enforcement Apparatus?

Humaira Nur Bahtiar — 2026-04-06

This study analyzes the implementation of Gorontalo Provincial Regional Regulation Number 1 of 2016 concerning the Protection of Women and Children from Acts of Violence, focusing on identifying the dominant factors hindering its effectiveness. The background of this research is the fluctuating high rate of violence against women and children in Gorontalo Province over the past three years, indicating a gap between the existence of the regulation and field realities. This research employs an empirical legal method with a qualitative approach, collecting data through interviews, observation, and documentation studies, and analyzing it using the theory of legal effectiveness. The results indicate that while the Provincial Regulation is normatively adequate, regulatory gaps exist in the derivative regulations at the district/city level which are not yet harmonized. However, the dominant factor hindering implementation lies precisely in the weakness of the law enforcement apparatus and institutions, including the limited capacity of the Technical Implementation Unit for the Protection of Women and Children (UPTD PPA), the scarcity of professional experts, political and budgetary dynamics, weak cross-sectoral coordination, and data discrepancies between institutions. This study concludes that strengthening institutional capacity and the law enforcement apparatus is an absolute prerequisite for the effective implementation of Regional Regulation No. 1 of 2016 in Gorontalo Province.

Criminal Sanctions for Online Transportation Drivers using Mobile Phones While Driving Based on Article 287 Paragraph (1) of Law Number 22 Of 2009 Concerning Road Traffic and Transportation

Arisman Hia — 2026-04-13

The use of mobile phones while driving by online transportation drivers has become a common phenomenon that potentially threatens road safety. This study aims to analyze the implementation of criminal sanctions against online transportation drivers who use mobile phones while driving based on Article 287 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation. In addition, this study also examines the obstacles faced in law enforcement and the role of online transportation companies in supervising their drivers. This research uses a juridical normative and juridical empirical approach with a descriptive qualitative method. Data were obtained through literature study and field research including interviews with traffic police officers, legal academics, and online transportation drivers. The results show that the use of mobile phones while driving clearly violates Article 106 paragraph (1) and Article 287 paragraph (1) of Law Number 22 of 2009. However, the existing sanctions have not been fully effective in reducing violations because the penalties are relatively light and law enforcement is still limited. Another factor contributing to violations is the operational system of online transportation applications which requires drivers to respond quickly to incoming orders. Therefore, stronger law enforcement, technological supervision systems, and collaboration between the government, law enforcement agencies, and online transportation companies are needed to reduce violations and improve traffic safety.

Law Enforcement Against Children as Underage Motorcyclists at the South Bolaang Mongondow District Police

Aris mawanti Puputo — 2026-04-20

The increasing use of motorcycles among minors is a concerning phenomenon because it is not balanced by legal awareness and traffic safety. This study aims to analyze law enforcement against children as underage motorcyclists and identify the factors that influence it in the Bolaang Mongondow Selatan Regency Police area. The method used is qualitative research with a descriptive approach, through data collection techniques such as interviews, observation, and documentation. The results of the study indicate that law enforcement is carried out through three main approaches: preventive, repressive, and coordinative. The preventive approach is realized through socialization and patrols, the repressive approach through warnings, tickets, and summoning parents, while the coordinative approach through cooperation with schools, parents, and local governments. However, the effectiveness of law enforcement is still influenced by factors such as a suboptimal legal structure, low public awareness, and strong socio-cultural influences that are permissive towards violations. The conclusion of this study confirms that law enforcement has been carried out systematically, but requires strengthening synergy between the authorities, the community, and the social environment to improve legal compliance and traffic safety in a sustainable manner.

Synergy between Village Heads and Youth Organizations in Implementing Village Development in Botumoito District

Miranda Nihe — 2026-04-20

Village development is an important part of national development that emphasizes community participation and collaboration between local institutions. In this context, participatory village development requires synergy between the village government and community elements, including Karang Taruna as a youth organization that has a strategic role in supporting the implementation of development programs. However, in practice, the involvement of Karang Taruna in several villages is not fully optimal, thus affecting the effectiveness of village development. This study aims to analyze the challenges of cooperation between village heads and Karang Taruna, identify the cooperation models applied, and explain the development of synergy between the two in the implementation of village development with collaborative, participatory governance to realize sustainable development and community empowerment, especially the younger generation in the Botumito sub-district. This study uses a descriptive approach using qualitative research types that only describe the meaning of data or phenomena that can be captured by the researcher, by showing the evidence. This study uses data collection techniques in the form of interviews, observation, and documentation. In-depth interviews were conducted with competent sources in their fields, including village heads, BPD, Karang Taruna, and community leaders. To validate the research data, triangulation techniques were used, with qualitative data analysis. The results showed that the main challenges to collaboration lie in communication, the division of roles and authority, and resource support. Two models of collaboration were identified: a more effective and participatory partnership (coordination) model in Potanga and Tapadaa Villages, and a top-down instructive (hierarchical) model in Tutulo and Hutamonu Villages. The development of synergy indicates that villages with open communication and a clear division of roles have more inclusive, participatory, and sustainable development.

Legal Rehabilitation Efforts to Minimize Drug Abuse Rates as an Evaluation Measure by the Government at the National Narcotics Agency (BNN) of Gorontalo Province

Nur Ismi Pulogu — 2026-04-20

Drug abuse in Indonesia, particularly in Gorontalo Province, has reached a critical point that threatens the younger generation and requires a comprehensive evaluation of existing recovery policies. This study aims to analyze the implementation of legal rehabilitation efforts in minimizing the rate of drug abuse and to evaluate the policies of the National Narcotics Agency (BNN) of Gorontalo Province as both preventive and curative measures. The method used is a descriptive qualitative approach with the CIPP (Context, Input, Process, Product) evaluation model, in which data were collected through in-depth interviews, observations, and documentation studies, and then analyzed inductively. The results show that rehabilitation efforts have successfully recovered 727 drug users during the 2021–2024 period. However, their effectiveness is still constrained by the limited number of addiction counselors, inadequate inpatient facilities, and the high level of social stigma within the community. These findings conclude that although rehabilitation policies at BNNP Gorontalo are aligned with the principles of restorative justice, strengthening is still needed in terms of human resources and public education to eliminate social resistance. The implications of this study emphasize the importance of a more integrative policy transformation between law enforcement and sociological support. This research serves as a basis for recommendations to local governments in optimizing narcotics eradication strategies through the enhancement of more humane and accessible rehabilitation facilities.

The Role of Traffic Police in Law Enforcement Against Traffic Violations as an Evaluation of Effectiveness in the Buol Police Area

Syarianti S. Kaco — 2026-04-21

Traffic is an important aspect of people's lives related to daily mobility, but the increasing level of violations indicates low compliance with the law, especially in Buol Regency. This study aims to analyze the role of the Buol Police Traffic Unit in enforcing the law against traffic violations and identify the factors that influence it. The method used is empirical legal research with a qualitative approach through observation, interviews, and documentation techniques. The results of the study indicate that the Buol Police Traffic Unit has implemented law enforcement through three main approaches, namely preventive, repressive, and curative, but its effectiveness has not been optimal. This is caused by various obstacles, such as low public legal awareness, lack of consistency and firmness of officers, and low levels of public trust. In addition, traffic violations are influenced by internal factors such as low discipline and knowledge of road users, as well as external factors such as infrastructure conditions, weak supervision, suboptimal administrative services, and a permissive community culture. In conclusion, traffic law enforcement in the Buol Police area needs to be carried out in a more comprehensive, consistent, educational, and sustainable manner to be able to increase public compliance and realize optimal traffic order and safety.

Law Enforcement on Criminal Acts of Village Fund Corruption in Padangsidimpuan City (Study of Decision Number 104/Pid.Sus-TPK/2024/PN Mdn)

Sahreni Simanjuntak — 2026-04-23

This research is motivated by the rampant criminal acts of Village Fund corruption which have resulted in state financial losses, hampered development, and decreased public trust, especially in Padangsidimpuan City. This study aims to analyze the forms and modus operandi of Village Fund corruption, identify the causal factors, and examine the judge's legal considerations in Decision Number 104/Pid.Sus-TPK/2024/PN Mdn. The method used is a normative juridical approach and empirical juridical through literature studies, analysis of laws and regulations, and case studies by examining court decisions, trial facts, and witness statements. The results of the study indicate that the corrupt practice was carried out through a cut in the allocation of funds by 18% by certain officials, which resulted in a state loss of Rp427,150,000. The defendant was proven to have violated Article 3 of the Corruption Eradication Law and was sentenced to five years' imprisonment with a fine and compensation. The main contributing factors include weak supervision, low apparatus capacity, lack of transparency, and minimal public participation. The conclusion is that law enforcement needs to be strengthened firmly and comprehensively through increased oversight, apparatus capacity, and community involvement, thereby creating a deterrent effect and encouraging transparent and accountable Village Fund governance for the welfare of village communities. These findings have important implications for the development of anti-corruption policies at the village level and strengthening coordination among law enforcement officials. They can also serve as a practical reference for improving village financial management systems with integrity and sustainability in the future. Furthermore, this study emphasizes the urgency of public education and digitalization of oversight to prevent irregularities early on in a systematic and measurable manner.