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All Journal Jurnal Penelitian Hukum De Jure JURNAL PENGABDIAN KEPADA MASYARAKAT YUSTISI Legal Standing : Jurnal Ilmu Hukum Jurnal Hukum Volkgeist Jurnal de jure Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Journal of Law Science Jurnal Pengabdian Kepada Masyarakat MEMBANGUN NEGERI Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Yustisi: Jurnal Hukum dan Hukum Islam Indonesian Journal of Legality of Law Journal of Community Development Jurnal Pengabdian kepada Masyarakat Journal Of Human And Education (JAHE) SWARNA Jurnal Pengabdian Masyarakat dan Riset Pendidikan SWARNA: Jurnal Pengabdian Kepada Masyarakat SASI AIQU: Journal Multidiscipliner of Science
mashendra, Mashendra
Fakultas Hukum Universitas Muhammadiyah Buton
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Public Health Social Sciences Other

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Journal : Jurnal Hukum Volkgeist

 1 
Effectiveness to the reversal of the burden proof system in handling corruption case Deddy Mursanto; La Ode Muhammad Karim; Mashendra Mashendra
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.863

Abstract

Corruption is an act that can harm State finances and cause losses to the people's economy. This study aims to determine the arrangement of the burden of proof reversals system of corruption according to the applicable provisions and the proper regulation in implementing the system of reversing the burden of proof to be done optimally. This study uses a normative juridical research methodology with a statute approach. This research's data analysis method is descriptive qualitative by describing the problems and facts in writing from the literature. The study indicates that the burden of proof reversal system concerning the Eradication of Corruption Crimes contained in Law no. 20 of 2001 is limited only to the offense of gratification regulated in Article 12 B paragraph (1) letter a. The withdrawal presumption proof can also be extended to the defendant's property, which is claimed to be connected to the accused's case (Article 37 A) and the property of the defendant (who has not been charged) which is not accused of corruption as a result of a criminal act (Article 38 B). Reversal of the burden of proof in the law of corruption is a reversal of the burden of proof impartial public prosecutor and the defendant alike must prove but / the same element proved different.
Juridical Review of The Application of Digital Mapping (Plotting) of Land Ownership Rights in The Prevention of Multiple Certificates Mashendra Mashendra; Deddy Mursanto
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1081

Abstract

The implementation of land registration aims to create an accurate information center regarding land ownership. To ensure that land registration administration runs effectively, the Computerization of Land Activities (KKP) policy is implemented gradually and thoroughly. Even so, the application of a computerized system that is so sophisticated, still finds overlapping ownership of land titles. Overlapping the certificate will result in legal uncertainty for the certificate holder, because the main purpose listed is to get the certificate as valid evidence.. Sampling in this study was carried out purposively with a non-random sampling technique that focused only on land that had multiple certificates. The data analysis pattern in this study is based on qualitative methods. The findings of this study are thatThe implementation of Computerization of Land Activities (KKP) at BPN City of Baubau in preventing the occurrence of double certificates is carried out with all processes from the beginning of land registration to issuance of certificates and stored digitally.The factors that result in the occurrence of a double certificate can be seen from 2 (two) things, namely first, when viewed from the factor of the Community. Second, if it is seen from the human resource factor of the Land Officedue to carelessness and carelessness of the land officers.
Legal Review Concerning Amputed Authority of DPR and DPD in The Process of Regional Propagation in Indonesia L. M Ricard Zeldi Putra; Indah Kusuma Dewi; Ernawati Ernawati; Waode Novita Ayu Muthmainna; Mashendra Mashendra; Jayanto Jayanto
Jurnal Hukum Volkgeist Vol 6 No 2 (2022): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i2.2032

Abstract

Article 38 Paragraph (1) of Law No. 23 of 2014 concerning Local Government as amended by Law No. 9 of 2015 concerning the second Amendment to Law No. 23 of 2014 concerning Local Government is contrary to Article 20A Paragraph (1), Article 21 and Article 22D paragraph (1) of the 1945 Constitution. Where the proposal for regional expansion proposed by Governor is takeover of authority. In the 1945 Constitution has been regulated in a limitative manner the authority given to the DPR and DPD institutionally the power to form the law and give authority to the President to submit a draft law. Author examines legal analysis of the authority of the DPR and DPD in the process of regional expansion. Type of research is normative research and qualitative descriptive form. The authority of the DPR and DPD in the process of regional expansion as regulated has been constitutionally harmed, namely the right to submit a draft law related to regional expansion and participate together to discuss the draft law which results in the process of regional expansion cannot be submitted by the DPR and DPD which has a legislative function.
Future Implementation of Ius Constituendum and Restorative Justice in the Criminal Justice System Mashendra Mashendra; La Gurusi; La Ode Muhammad Karim
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2864

Abstract

The notion of restorative justice is presently implemented in the Indonesian criminal justice system through Law No. 11 of 2012, which oversees the juvenile court system. Future expansion of the application of restorative justice within the criminal justice system is a topic of discussion. As a research methodology, legal norm research is employed. Deductive reasoning is used to reach conclusions. On the basis of research findings, the Government and the DPR are expected to swiftly formulate guidelines for the implementation of the concept of restorative justice issued by the Criminal Justice Subsystem in laws and regulations, both in the form of laws and in the Draft Code of Criminal Procedure (RKUHAP) and the Draft Law – Criminal Law (RKUHP). The implementation or application of the concept of restorative justice in the resolution of criminal cases involving these offenders shall be governed by these rules.
Judge Considerations In Divorce Divorce Decision Settlement (Study Of Religion Court Baubau Decision Number 0298/PDT/2019/PA.BB) Rizki Mustika Suhartono; Mashendra Mashendra; La Ode Muh. Karim; Sariati Sariati; Hayatul Jannah Ar-Rayyan
Jurnal Hukum Volkgeist Vol. 7 No. 2 (2023): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i2.3338

Abstract

This study aims to determine: to know and examine how judges consider in the settlement of divorce divorce cases. The research method used in Ziniz's research is Empirical Normative Law research. Legal research is a research method that seeks to find the law in the law that is actually or should be, examines how the law works in society, then uses research methods, the quality of the method. The collection of data and information was carried out at the Bau-Bau Religious Court. The second stage used in this research consists of: Primary, secondary and tesier legal instruments. Depending on the nature of the research and the research material, all available information will be carefully analyzed, with the help of which the collected data are sorted according to their categories and explained in the search for answers to research questions. By using the reduction method, conclusions are drawn from the prepared data and research results.The judge's consideration in deciding the decision on parental responsibility is very appropriate by considering the income of the parents based on the evidence brought before the trial.
Co-Authors Abdul Rahim Agusalim Agusalim Ahmad Zein L Waru Ahmad Zein L Waru Almuzamil Falaq Amrun Kahar Aulia, Riska Chatimah, Nurul Ambiyaa Corrin, Jennifer Deddy Mursanto Edy Nurcahyo Eko Satria Eko Satria Ernawati Ernawati Ernawati Ernawati Ernawati Ernawati Gurusi, La Hadi Supriyanto Hadi Supriyanto Hasiruddin Hasri Hasirudin Hasri Hasri, Hasiruddin Hasri, Hasirudin Hayatul Jannah Ar-Rayyan Hayun Hayun Hayun Hayun Hayun, Hayun Ibrahim, Kayode Muhammed Indah Kusuma Dewi Jamil Jamil Jayanto Jayanto Kahar, Amrun Karim, La Ode Muhammad La Gurusi La Gurusi La Ode Muh. Karim La Ode Muhammad Karim La Ode Muhammad Karim La Ode Muhammad Ricard Zeldi Putra La Ode Muhram LM Karim LM Karim Mansyah, Muh Sutri Masdiana Masdiana Masdiana Masdiana Masdiana Mashendri Muh Sutri Mansyah Mulia, Wa Ode Anggun Rahmadhani Muthmainna, Waode Novita Ayu NABILA SAFIRA Nasrin Nasrin Nisa, Fias Nurul Nurcahyo, Edy Putra, L. M. Ricard Zeldi Rachman, Sulyanti Rahayu, Jalita Sri Ribeiro, Leonito Richard Zeldi Putra Riski Mustika Suhartono Rizki Mustika Suhartono Rizki Mustika Suhartono Rukmana, Auliah Andika Rusli La Isi Safira, Nabila Safrin Edy Safrin Salam Samsul Sariati Sariati Serah, Yayan Suhartono, Mutia Aprilia Suhartono, Rizki Mustika Tarno Tarno Waode Novianti Waode Novita Ayu Muthmainna Waode Novita Ayu Muthmainna Waru, Ahmad Zein L Yayan Serah Yopi, La Yulinang, Dewi Zubair, Zubair