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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.
Socialization of Legal Aid for Underprivileged Communities and Legal Awareness Among Youth in Lanto Village, Batupoaro District, Baubau City Al Hiday Nur; Hasirudin Hasri; Hayun; Wa Ode Novita Ayu Muthmainna
Jurnal Pengabdian Masyarakat Bestari Vol. 2 No. 8 (2023): August 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jpmb.v2i8.6062

Abstract

Legal aid institutions were born to help people who are economically and socially disadvantaged, and whose legal knowledge is minimal. Apart from that, the desire to realize the supremacy of law for all citizens, its existence is also very important in society considering the principle of equality before the law. In this community service, we will discuss the Socialization of Free Legal Aid for the Poor as an effort to maximize the free legal aid program for the poor to fulfill access to justice for the less fortunate. The method used in this activity is a directed discussion with the target community. This discussion is attended by all interested elements. Based on the results of the counseling, it was found that there was an increase in knowledge, understanding and ability of the community in Lanto Village, Batu Poaro District regarding free legal aid procedures for the poor.
Criminal Asset Forfeiture In The Sense Of Extraordinary Confiscation Hadi Supriyanto; Safrin Salam; Waode Novita Ayu Muthmainna; Hasni Hasni; Supardi Supardi
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5425

Abstract

The meaning of confiscation in principle explains that the proceeds of crime must be confiscated, this aims to prevent the convict from being able to utilize or benefit from the criminal acts he committed. Conceptually, confiscation is a State action that is carried out carefully and procedurally. This means that forfeiture requires a strict legal evidentiary instrument first because without it there could be abused of power in its implementation. In Indonesia, the meaning of confiscation is the efforts of law enforcement officials in their interests to prove cases and / or investigations (Article 1 point 16 of the Criminal Procedure Code), with this understanding, the intended confiscation is limitative. The procedure for confiscation is regulated in articles 128, 129 and 130 of the Criminal Procedure Code or the same points as ordinary confiscation. The goal of criminalizing behaviour that generates huge profits illegally is not enough just to punish physically, even if caught and punished, it is possible that these criminals can enjoy their illegal profits. For this reason, a set of administrative rules is needed that can be used as a foothold for deprivation in the face of criminalization.
Legal education on the protection of women and children from violence in Mantowu Village, Buton Samsul Samsul; La Gurusi; Eko Satria; Waode Novita Ayu Muthmainna; La Asiri; Muh. Rahmatul; Sapril Sapril
Community Empowerment Vol 9 No 11 (2024)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/ce.12138

Abstract

Cases of violence against women and children in Buton Regency often go unreported, resulting in an increasing number of cases each year. Several contributing factors include the lack of community participation in providing information and support to victims, as well as a tendency to blame the victims. This condition discourages victims from fighting for their rights. To address this issue, legal education on the protection of women and children at the village level is essential. The objective of this activity is to enhance community understanding and participation in making Buton Regency free from violence against women and children. The method used in this Community Service activity is legal counseling. Prior to the counseling, the initial step involved identifying and inventorying the problems faced by the community. After conducting legal education through counseling sessions, the community demonstrated an increased understanding of the importance of protecting women and children, as well as their role in preventing violence and providing support to victims. This education is expected to contribute to creating a safer and more supportive environment for women and children in Buton Regency.
Fulfillment Of The Rights Of Health BPJS Patients In Health Services Based On Lawv Number 36 Of 2009 Concerning Health (Study in Palagimata Hospital) Sofyan Febrianto; Waode Novita Ayu Muthmainna; Amrun Kahar; L.M. Ricard Zeldi Putra
AIQU: Journal Multidiscipliner of Science Vol. 2 No. 3 (2024): SEPTEMBER, AIQU: Journal Multidiscipliner of Science
Publisher : Institute Journal and Publication Muhammadiyah University of Buton

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Abstract

This study aims to determine the fulfillment of BPJS Patient Rights If there is a refusal in health services at the Palagimata Regional General Hospital Baubau City, to find out the Civil Law analysis of BPJS Patient Rights If there is a health services at the Palagimata Regional General Hospital Baubau City. The research method used is empirical normative with a descriptive research approach. Empirical normative research approach is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on a particular legal event that occurs in society. The results showed that legal protection of patients' rights against BPJS Health participants who experience denial of health services in hospitals is divided into two forms, namely preventive protection with repressive protection. The form of legal protection provided to BPJS Kesehatan participants for health services at the hospital is the right to claim compensation with the form of civil liability in Articles 1367 and 1365. The role of the government when it occurs in overcoming cases of denial of service in hospitals against BPJS Kesehatan participants is to increase the capacity of health service facilities, re-design the health service referral system, and optimize Minimum Service Standards.  
The Role of the Pamong Praja Police Unit in Enforcing Regional Regulation Number 2 of 2020 concerning the Implementation of Peace, Public Order, and Community Protection Almuzamil Falaq; Mashendra; L.M. Ricard Zeldi Putra; Waode Novita Ayu Muthmainna
AIQU: Journal Multidiscipliner of Science Vol. 2 No. 3 (2024): SEPTEMBER, AIQU: Journal Multidiscipliner of Science
Publisher : Institute Journal and Publication Muhammadiyah University of Buton

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Abstract

Indonesia, as the world's largest archipelagic country, possesses an extensive coastline of 99,093 kilometers, making it rich in marine biodiversity and fisheries potential. Coastal areas provide significant economic benefits, serving as both a livelihood source for local communities and a major attraction for marine tourism. However, these regions are increasingly threatened by environmental degradation due to rapid population growth, illegal settlements, excessive resource exploitation, and poor waste management. These issues necessitate strong regulatory frameworks to ensure sustainable coastal management. This study examines the enforcement of Buton Regency Regional Regulation No. 2 of 2020 concerning Orderly Coastal Areas, with a focus on the role of Satpol PP (Civil Service Police Unit) in maintaining public order and environmental conservation in Kambula-Bulana Village. Utilizing an empirical legal research approach, data was collected through field observations and interviews with key stakeholders. Findings indicate that regulatory enforcement remains suboptimal due to inadequate funding, low public awareness, and weak cross-sector coordination. Illegal construction and improper waste disposal persist as major challenges, emphasizing the need for stronger law enforcement, community engagement, and integrated policy implementation to achieve sustainable coastal governance.
Legal Analysis of The Position of Separated Creditors Regarding Guarantee Rights in Bankruptcy La Ode Maskur; Wa Ode Novita Ayu Muthmainna
AIQU: Journal Multidiscipliner of Science Vol. 3 No. 2 (2025): JUNE, AIQU: Journal Multidiscipliner of Science
Publisher : Institute Journal and Publication Muhammadiyah University of Buton

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Abstract

This study aims to analyze the legal position and legal consequences for secured creditors (separatist creditors) holding security rights in bankruptcy proceedings. Separatist creditors are those who possess collateral rights such as mortgage, fiduciary transfer, hypothec, or pledge over the debtor's assets, theoretically entitling them to preferential repayment from the execution of those assets. However, in practice particularly within the framework of bankruptcy these rights often conflict with provisions stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (the Indonesian Bankruptcy Law). This research employs a normative juridical method using a statutory and conceptual approach, with qualitative analysis of primary, secondary, and tertiary legal materials. The findings reveal that although Article 55 of the Bankruptcy Law recognizes the right of separatist creditors to execute their collateral as if bankruptcy did not occur, Articles 56, 57, and 58 impose significant restrictions, such as execution moratoriums and intervention by the curator. As a result, secured creditors face legal uncertainty, diminished priority rights, and potential disputes with the curator. These legal inconsistencies reflect the lack of harmony between bankruptcy law and collateral law. Therefore, legal reform is needed to align the Bankruptcy Law with collateral regulations, the Civil Code, and other sectoral laws such as taxation and labor regulations. Such harmonization is crucial to ensure legal certainty and fairness for all parties involved in bankruptcy proceedings.
Legal Review of the Role of Village Government in Village Development under Law Number 3 of 2024 on the Second Amendment to Law Number 6 of 2014 on Villages La Ode Siraga; L.M. Ricard Zeldi Putra; Wa Ode Novita Ayu Muthmainna
AIQU: Journal Multidiscipliner of Science Vol. 3 No. 3 (2025): SEPTEMBER, AIQU: Journal Multidiscipliner of Science
Publisher : Institute Journal and Publication Muhammadiyah University of Buton

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Abstract

This research is motivated by the fact that Molona Village remains categorized as an underdeveloped village. This situation illustrates that development in Molona Village, South Buton Regency, still faces numerous challenges and obstacles. Therefore, this research can be formulated as follows: 1. What is the role of the village government in village development in Molona Village, from the perspective of Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages? 2. What are the factors hindering the role of the village government in village development in Molona Village, South Buton Regency? This study aims to determine the role of the Molona Village Government, South Buton Regency, in village development, and the factors that hinder the Molona Village Government, South Buton Regency, in carrying out village development. This study uses empirical legal research, with data collection consisting of observation, interviews, and documentation. The resource person for this study was Mr. La Ode Mustafa, the Head of Molona Village, South Buton Regency. Data analysis used qualitative analysis techniques, namely the interpretation of data by providing explanations and descriptions. The results of the study indicate that the Molona Village Government, South Buton Regency, plays a crucial role in supporting village development. The Molona Village Government's role in village development begins with its role as a development planner, its role as an implementer, and its role as a monitor and supervisor of every program or activity aimed at developing Molona Village. This study also found that the main inhibiting factors for the Molona Village Government in carrying out village development are the low level of education of the village community and the lack of participation of the village community in the village development process.
Peningkatan Kesadaran Masyarakat Terkait Pemanfaatan Hasil Hutan Kawasan Pertambangan di Desa Mantowu Kabupaten Buton La Ode Muhammad Ricard Zeldi Putra; Samsul; Hadi Supriyanto; La Gurusi; Wa Ode Novita Ayu Muthmainna; Sapril
Permadani: Jurnal Pengabdian Riset Masyarakat Madani Vol. 3 No. 1 (2025): APRIL, Permadani: Jurnal Pengabdian Riset Masyarakat Madani
Publisher : Lambaga Jurnal dan Publikasi Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/permadani.v3i1.7684

Abstract

Desa Mantowu, Kabupaten Buton, merupakan salah satu wilayah yang berada di sekitar kawasan pertambangan aspal terbesar di Indonesia. Aktivitas pertambangan yang intensif berdampak pada keberlanjutan hutan di sekitarnya dan mengancam keseimbangan ekosistem serta sumber penghidupan masyarakat lokal. Kurangnya pemahaman mengenai pentingnya pelestarian hutan menjadi salah satu tantangan utama. Program pengabdian ini bertujuan untuk meningkatkan kesadaran masyarakat dalam memanfaatkan hasil hutan secara lestari dengan pendekatan edukatif, partisipatif, dan berbasis kearifan lokal. Metode pelaksanaan meliputi sosialisasi, pelatihan, diskusi kelompok, praktik lapangan, serta fasilitasi kesepakatan komunitas mengenai pemanfaatan hutan. Hasil pengabdian menunjukkan adanya peningkatan pengetahuan masyarakat tentang fungsi ekologis, ekonomi, dan hukum dari hutan. Selain itu, terjadi aktivasi peran tokoh adat, pemuda, dan kelompok perempuan dalam kampanye konservasi, serta muncul inisiatif pengembangan ekonomi alternatif berbasis hasil hutan non-kayu seperti madu, rotan, dan tanaman obat. Masyarakat juga terlibat aktif dalam upaya reboisasi dan menyusun kesepakatan informal terkait tata cara pemanfaatan hutan. Pengabdian ini membuktikan bahwa pendekatan berbasis nilai lokal dapat mendorong transformasi pemikiran dari eksploitasi menuju konservasi yang berkelanjutan.
Strengthening Community Legal Literacy on Land Boundaries and Land Rights in Saragi Village L.M. Ricard Zeldi Putra; Samsul; Wa Ode Novita Ayu Muthmainna; Jufri; Alimato
Permadani: Jurnal Pengabdian Riset Masyarakat Madani Vol. 3 No. 2 (2025): OKTOBER, Permadani: Jurnal Pengabdian Riset Masyarakat Madani
Publisher : Lambaga Jurnal dan Publikasi Universitas Muhammadiyah Buton

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Abstract

This community service article reports the implementation and outcomes of a program entitled “Strengthening Community Legal Literacy on Land Boundaries and Land Rights in Saragi Subdistrict.” The program was developed in response to recurring community challenges related to unclear land boundaries, weak documentation, and limited understanding of land rights and administrative procedures, which may escalate into prolonged disputes and social tension. The main objective was to improve residents’ legal literacy and practical capacity to prevent and manage land boundary issues in an orderly and peaceful manner. The program employed a participatory educational approach consisting of three phases: preparation, core implementation, and evaluation with follow-up. During the preparation phase, coordination with the subdistrict office, neighborhood leaders (RT/RW), and community figures was conducted to map common problems and tailor the content to local needs. The core implementation involved three main activities: (1) legal socialization and education on land boundaries, land rights, ownership evidence, and precautionary principles in transactions and inheritance; (2) practical boundary clarification training, including simulations of boundary marker placement, simple boundary sketch mapping, photo documentation, and drafting written boundary agreements (minutes) acknowledged by local authorities; and (3) a consultation clinic with light mediation support to guide residents in resolving boundary issues through structured deliberation before resorting to formal legal channels. Evaluation results indicated increased participant understanding of key land-law concepts, improved awareness of the importance of documentation and witnesses, and stronger readiness to apply preventive practices. The program also produced practical outputs, including document templates (boundary minutes and land-document checklists) and a recommended local contact point for ongoing guidance. Overall, the program demonstrates that integrating education, hands-on practice, and consultative support can strengthen community legal literacy, reduce dispute risks, and promote social harmony in land-related matters.