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Legal Protection for Owner Fishermen and Cultivating Fishermen in Fishery Product Sharing Agreements (Study of the Fisherman Community of Malabero Village, Bengkulu City) Radbiah Rahmadani; Hendi Sastra Putra; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2503

Indonesia as an archipelagic country, the existence of fish resources contained in Indonesian waters is quite large, both in terms of quality and various types that can be managed and utilized for the benefit of the nation and state, especially society as a whole. Based on Law Number 16 of 1964 concerning the System for Production Sharing Patterns, cultivator fishermen in marine fisheries will get a share of 75% of the net output if a sailboat is used and 40% if a motor boat is used. This study aims to determine the form of fishery production sharing agreements between owner fishermen and working fishermen in the Malabero fishing community in Bengkulu City, to find out how the profit sharing system is implemented by the Malabero fishing community in Bengkulu City, and to find out how legal protection is for owner fishermen and fishermen. cultivators in a fishery production sharing system. The research method used is empirical and normative. The empirical approach is research conducted by analyzing problems by combining legal materials which are a group of secondary data and combined with primary data obtained in the field. The practice of profit sharing that occurs in the fishing community of Malabero village, Bengkulu City has occurred based on local customs or has been passed down from generation to generation and is a local wisdom carried out by pledging a profit sharing agreement in the form of speech / oral without any written evidence and only attended by a few witnesses Usually, the fishery product sharing carried out by the fishing community of Malabero village, Bengkulu City, the owner fisherman will get a share of 50% of the net result and the cultivator fishermen will get a share of 10% of the net result after the ship departure costs are issued. This explanation is based on fishing gear in the form of net, while fishing gear in the form of owner's trawl will get 50% share and cultivator fishermen will get a share of 25% of the net proceeds after the ship departure costs are incurred. Therefore, it is necessary to have a form of fishery production sharing agreement between owner fishermen and cultivator fishermen which is more legally proven, and there is a need for regulations that can protect fishermen in terms of fishery production sharing patterns, especially for small (traditional) fishermen.

Pengawasan Terhadap Mantan Narapidana Kasus Kekerasan Seksual Pada Anak Studi Kasus Di Kabupaten Rejang Lebong Widya Timur; Ferawati Royani; Sandi Aprianto; Anggun Annisa
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 8, No 1 (2023): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v8i1.9886

Sexual crime is a crime that is quite high in Indonesia which causes trauma, depression and death. A similar case which was quite shocking also occurred before in 2016, the murder and rape of a 14 year old girl by 14 perpetrators in Rejang Lebong Regency, Bengkulu. Based on the facts of the cases mentioned, acts of sexual violence against children may be committed by anyone, anywhere, with any mode or motive and in any scope. Based on the description that has been described, the authors formulate the problem, namely how the supervision is carried out by government officials and law enforcement against ex-convicts who commit sexual violence against children in Rejang Lebong Regency. The legal research method used, namely normative-empirical, is basically a combination of normative legal approaches with the addition of various empirical elements. Supervision is needed for ex-convicts in cases of sexual violence against children. Until now, there has not been found any systematic supervision of ex-convicts in cases of sexual violence against children in Rejang Lebong Regency, especially for perpetrators who have blood ties to the victims such as the victims' fathers, brothers, uncles and grandfathers. Supervision of ex-convicts in cases of sexual violence against children is important as an effort to prevent repetition of cases. Then considering the psychological condition of victims and perpetrators of crime, this supervision has an urgency to carry out.Kejahatan seksual merupakan kejahatan yang cukup tinggi di indonesia yang menyebabkan trauma, depresi hingga kematian. Kasus serupa yang cukup menggemparkan juga terjadi sebelumnya pada tahun 2016, pembunuhan dan pemerkosaan gadis 14 tahun oleh 14 pelaku di Kabupaten Rejang Lebong, Bengkulu. Berdasarkan fakta kasus yang telah disebutkan, tindak kekerasan seksual pada anak berkemungkinan dilakukan oleh siapapun, dimanapun, dengan modus atau motif dan dalam lingkup apapun. Berdasarkan uraian yang telah dijabarkan, penulis merumuskan masalah yaitu bagaimana pengawasan yang dilakukan oleh aparatur pemerintah dan penegak hukum terhadap mantan narapidana yang melakukan kekerasan seksual pada anak di Kabupaten Rejang Lebong. Metode penelitian hukum yang digunakan yaitu normatif-empiris ini pada dasarnya ialah penggabungan antara pendekatan hukum normatif dengan adanya penambahan dari berbagai unsur-unsur empiris. Diperlukan pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak. Hingga saat ini belum ditemukan adanya sistematika pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak di Kabupaten Rejang Lebong terutama bagi pelaku kejahatan yang memiliki ikatan darah terhadap korban seperti ayah, kakak, paman, dan kakek korban. Pelaksanaan pengawasan terhadap mantan narapidana kasus kekerasan seksual pada anak penting untuk dilakukan sebagai upaya pencegahan terhadap repetisi kasus. Kemudian mengingat kondisi psikologis korban dan pelaku kejahatan, pengawasan ini memiliki urgensitas untuk dilakukan.

Implementation of Regional Regulation No. 8/2017 on Investment in Increasing Regional Investment in Bengkulu Province Ana Tasia Pase; Sandi Aprianto; M. Arafat Hermana; Venysia Adzaniati
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4908

This thesis research aims to examine and analyze the implementation of PERDA Number 8 of 2017 concerning Investment in Increasing Regional Investment in Bengkulu Province and to examine and analyze what efforts can be made in optimizing PERDA Number 8 of 2017 concerning Investment in Increasing Regional Investment in Bengkulu Province. The method used is empirical and the results of this study indicate that the implementation of PERDA Number 8 of 2017 concerning Investment in increasing regional investment in Bengkulu Province has not gone well, this is due to several factors including: a. There are still unclear arrangements in PERDA Number 8 of 2017 concerning Investment and there are still several articles that overlap; b. Not yet supported by arrangements that should be outlined by the relevant Pergub; c. Convoluted and unclear flow and changes in rules that can hinder processing and extend investment licensing time; d. Not many human resources who have not mastered the evaluation of investment licensing; e. There is a lack of understanding of the evaluation of investment licensing. There are not many human resources who have not mastered the evaluation and licensing process, especially in the field of mining and transportation of mining products. The efforts made by the government in optimizing PERDA Number 8 of 2017 concerning Investment in increasing regional investment in Bengkulu Province have not run optimally and optimally, this is due to two factors including: internal factors and external factors.

Legal Protection Of Wage Rights For Honorary Workers In The Perspective Of Indonesian Civil Law Sela Nopita Sari; M. Arafat Hermana; Dwi Putra Jaya; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5993

The existence of honorary staff can be said to be still needed and not needed. Because in reality, in carrying out service tasks in government, both in the central government and local government, most of them are carried out and carried out by honorary employees where they are appointed by each agency and Regional Work Unit (SKPD). The purpose of this research is to find out the Legal Protection of Wage Rights for Honorary Workers in the Perspective of Indonesian Civil Law. The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of research and discussion show that honorary or contract workers whose existence is rampant today both in the public sector or government agencies as well as in the private sector or business entities known as outsourching workers, ironically their existence is not massively protected and not strictly regulated by law in Indonesia. In fact, honorary or contract workers in Indonesia are implied in two categories. Based on the explanation above, there are several things, namely: 1. there is a legal vacuum (vacum of norm) on the protection of honorary or contract workers in Indonesia. 2. there must be a legal breakthrough on the settlement of wage disputes in honorary or contract workers. 3. civil procedural law as the foundation of formal law must be able to answer the problem of wage disputes of honorary or contract workers in Indonesia.

Monitoring Improper Waste Disposal By The Departement Of Environment (Dlh) Of Bengkulu City Based On Regional Regulation Alfio Ayu Lestari; Sandi Aprianto; M. Arafat Hermana
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7215

Monitoring Improper Waste Disposal by the Department of Environment (DLH) of Bengkulu City Based on Regional Regulation Number 2 of 2011 Regarding Waste Management in Bengkulu City Alfio Ayu Lestari Sandi Aprianto, S.H, M.H Ferawati Royani, S.H, M.H One of the environmental issues frequently faced by the community is the abundance of scattered waste in places where they should not be. Therefore, it is important to evaluate the supervision of waste disposal prohibitions and the effectiveness of the local regulations governing them. Based on this issue, the problems can be formulated as follows: How is the supervision carried out by the Department of Environment of Bengkulu City regarding improper waste disposal, and how is the Law Enforcement conducted by the Department of Environment towards those who dispose of waste improperly. The purpose of this study is to determine the supervision conducted by the Department of Environment of Bengkulu City in controlling waste against the prohibition of waste disposal in random places and to understand the legal enforcement processes carried out by the Department of Environment towards those who dispose of waste improperly. The theories used in this research are the supervision theory and the law enforcement theory. This research falls under the category of Empirical Research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior observed directly. The results of the research conducted at the Department of Environment of Bengkulu City can be concluded that the supervision conducted by the Department of Environment at improper waste disposal sites, especially at Rawa Makmur street, Pasar Bengkulu street, and Lingkar Barat main road to golf field of Bengkulu City, are still not running optimally. This can be seen from the improper implementation of regulations and also from the lack of public understanding regarding waste management regulations, waste handling, and waste disposal prohibitions, leading to an increase in illegal improper waste disposal sites.

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