PETITUM https://jurnal.uit.ac.id/JPetitum <p><strong>PETITUM,&nbsp;</strong>adalah peer-review ilmiah yang diterbitkan oleh&nbsp;Magister Hukum Universitas Indonesia Timur, yang diterbitkan setiap 6 (Enam) Bulanan yaitu pada bulan April dan Oktober, sebagai sarana dalam menyebarkan gagasan atau pemikiran yang dihasilkan melalui kegiatan akademik dalam pengembangan di bidang Hukum Tata Negara, Hukum Pidana dan Hukum Perdata</p> <p>&nbsp;(<strong>P-ISSN</strong>: <a href="http://u.lipi.go.id/1382356643" target="_blank" rel="noopener">2339-2320</a>), (<strong>E-ISSN</strong>: <a href="http://u.lipi.go.id/1563518766">2716-0017</a>)</p> en-US [email protected] (PATAWARI) [email protected] (ADMIN) Fri, 27 Mar 2026 00:00:00 +0700 OJS 3.1.1.4 http://blogs.law.harvard.edu/tech/rss 60 Analisis Yuridis Pengedaran Narkotika Jenis Ganja Di Kabupaten Takalar (Studi Putusan Nomor. 122/Pid.Sus/2022/PN Tka) https://jurnal.uit.ac.id/JPetitum/article/view/1535 <p><em>The results of the study show that the application of Article 111 paragraph (2) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics in decision number 122/pid.Sus/2022/PN.Tka is inappropriate because the judge should have considered the element of criminal conspiracy because in the case in question there was more than one perpetrator (delnemiing) as regulated in Article 1 number (18) of Law Number 35 of 2009 concerning Narcotics. And the formulation of the indictment made by the public prosecutor is an unclear indictment (obscure liebels). Because the legal facts and the imposition of the article do not match. The appropriate article to apply in this case is Article 114 Paragraph (2) of Law Number 25 of 2009 concerning narcotics Jo. Article 132 paragraph (1) of the Narcotics Law, because based on the data and facts obtained by the author, the case constitutes a criminal conspiracy to commit the crime of buying and acting as an intermediary for the sale and purchase of class I narcotics of the plant type marijuana.</em></p> Amiruddin Pabbu, Andi Tanwir Mappanyukki, Wardiansyah Alamsyah ##submission.copyrightStatement## https://jurnal.uit.ac.id/JPetitum/article/view/1535 Fri, 27 Mar 2026 00:00:00 +0700 Analisis Norma Penghentian Penyelidikan Upaya Pemenuhan Hak Kepastian Hukum Pada Perkara Dugaan Tindak Pidana Penggelapan Uang https://jurnal.uit.ac.id/JPetitum/article/view/1583 <p><em>This study aims to analyze the legal provisions governing the termination of investigations in the Indonesian criminal justice system and to evaluate their implementation in ensuring legal certainty for the parties involved. The research focuses on the termination of an investigation (SP3) related to an alleged property damage case reported by Jimmy as the complainant. The research examines three main aspects: the legal basis for terminating the investigation, the decision-making process, and the legal implications for the complainant and the suspect. This research uses a normative legal method with a qualitative approach by examining the Indonesian Criminal Procedure Code (KUHAP), the Regulation of the Chief of Police Number 6 of 2019, and relevant legal literature. The results indicate that the termination of the investigation in this case was not carried out in accordance with applicable legal and procedural standards. The investigators did not provide an objective explanation regarding the legal basis for the termination, there was a lack of transparency in the evaluation of evidence, and no indication of the prosecutor’s involvement as the case controller. Moreover, important documents such as the investigation summary and SP2HP were not provided to the complainant, resulting in legal uncertainty and potentially weakening public trust in law enforcement institutions.</em></p> Laura Azani, Patawari Patawari, Asba Hamid, Amiruddin Pabbu, Abd Basir ##submission.copyrightStatement## https://jurnal.uit.ac.id/JPetitum/article/view/1583 Fri, 27 Mar 2026 19:44:42 +0700 Analisis Konflik Norma Pengaturan Konservasi Dan Pemanfaatan Sumber Daya Air Kawasan Danau Matano, Kabupaten Luwu Timur https://jurnal.uit.ac.id/JPetitum/article/view/1584 <p><em>Lake Matano, the deepest ancient lake in Southeast Asia at approximately 590 m, holds significant ecological, social, and economic value. Its surrounding environment is rich in biodiversity and provides livelihoods for local communities through fisheries, agriculture, and water utilization. However, human activities such as fish farming, industrial operations, settlements, and nickel mining exert pressure on water quality and endemic ecosystems. This study employs normative legal research to analyze conflicts of norms between conservation and utilization of water resources in the Lake Matano area. A literature review of relevant legislation serves as the basis of the analysis. Findings indicate that lake management must balance economic interests, environmental protection, and community rights guided by principles of justice, sustainability, and local wisdom. Implementation of business permits, environmental quality standards, and environmental impact assessments are essential to maintain the ecological balance and preserve Lake Matano’s ecosystem for present and future generations.</em><br><br></p> Baharuddin Burhan, Patawari Patawari, Khelda Ayunita, Mira Nila Kusuma Dewi ##submission.copyrightStatement## https://jurnal.uit.ac.id/JPetitum/article/view/1584 Mon, 30 Mar 2026 00:00:00 +0700 Analisis Hukum Penerapan Sanksi Tindak Pidana Kekerasan Seksual Pada Anak https://jurnal.uit.ac.id/JPetitum/article/view/1596 <p><em>This study aims to analyze the application of criminal sanctions against perpetrators of sexual violence against children in Bantaeng Regency. The research method used is empirical legal research with a statutory and case approach. Data were obtained through literature studies and field research conducted at the Women and Children Service Unit and law enforcement authorities in Bantaeng Regency. The results show that the application of criminal sanctions against perpetrators of sexual violence against children generally refers to Law Number 35 of 2014 concerning Child Protection as a special law, particularly Articles 81 and 82 as the main legal basis for prosecution and sentencing. The sanctions imposed are generally in the form of imprisonment and fines. However, several obstacles remain in practice, such as difficulties in evidence gathering, low reporting rates from the community, and the limited application of additional penalties. Therefore, improving the capacity of law enforcement officers and strengthening victim protection mechanisms are necessary to ensure more effective law enforcement and optimal protection for children.</em></p> M Ramli, Makkah HM, Adeh Dwi Putra, Asba Hamid ##submission.copyrightStatement## https://jurnal.uit.ac.id/JPetitum/article/view/1596 Mon, 30 Mar 2026 00:00:00 +0700 Analisis Pertimbangan Hukum Oleh Hakim Terhadap Penyalagunaan Narkotika: Studi Putusan (No: 68/PID.SUS/2023/PN.SGM) https://jurnal.uit.ac.id/JPetitum/article/view/1595 <p><em>This study aims to analyze the judge’s legal considerations in narcotics abuse cases as reflected in Decision Number 68/Pid.Sus/2023/PN.Sgm. This research employs a normative legal research method using statutory and case approaches. The legal materials consist of primary legal sources in the form of legislation and court decisions, as well as secondary legal materials such as books and other relevant legal literature. The data were collected through library research and analyzed qualitatively using a descriptive-analytical method. The results show that the panel of judges determined that the defendant was proven to be a narcotics abuser for personal use and therefore applied Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics. However, the judge still imposed imprisonment on the defendant. This decision indicates that a repressive approach is still dominant in the criminal justice system regarding narcotics abuse cases, even though the law provides an opportunity to apply rehabilitation as a recovery effort for narcotics abusers.</em></p> Jufri Jufri, Resdianto Willem, Aliman Aliman ##submission.copyrightStatement## https://jurnal.uit.ac.id/JPetitum/article/view/1595 Mon, 30 Mar 2026 00:00:00 +0700