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, Yusuf Hanafi Pasaribu, Winta Hayati — Thu, 26 Mar 2026 00:00:00 +0000

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

Mon, 06 Apr 2026 00:00:00 +0000

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 — Mon, 06 Apr 2026 00:00:00 +0000

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, Weny Almoravid Dungga, Abdul Hamid Tome — Mon, 06 Apr 2026 00:00:00 +0000

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, Zamroni Abdussamad, Ahmad Ahmad — Mon, 06 Apr 2026 00:00:00 +0000

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, Ismayani Ismayani, Taufika Hidayati — Mon, 13 Apr 2026 00:00:00 +0000

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.