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Jurnal Hukum Volkgeist

Volkgeist
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Published by Universitas Muhammadiyah Buton

ISSN : 2528360X EISSN : 26216159 DOI : -

Core Subject : Humanities, Art,

Arts Humanities

Jurnal Hukum Volkgeist has a focus to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. It is an open access and peer-reviewed journal, published by Faculty of Law, Muhammadiyah University of Buton. The journal is a biannual which is published on April and December. Articles submitted might cover topical issues in Constitutional Law, Human Rights, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Adat Law, Criminal Procedural Law, Commercial Law, Administrative Law, Environmental Law and so forth which related to the Science of Law

Arjuna Subject : -

Articles 7 Documents

Search results for , issue " Vol 1 No 2 (2017): JUNE" : 7 Documents clear

Tinjauan Yuridis Pertimbangan Hakim Dalam Menjatuhkan Sanksi Terhadap Pelaku Tindak Pidana Kelalaian Lalu Lintas yang Menyebabkan Hilangnya Nyawa Orang (Studi Kasusu No. 154/PID.B2015/PN.PW) GURUSI, LA
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

High rates of traffic accidents (lakalantas) on its own if it is from a lack of public awareness in this respect motorists with a variety of factors. This type of research uses qualitative Analysis is the analysis of kualititif data against verbal and descriptive data are thought by describing the real circumstances from the object which will be discussed with formal and juridical approach refers to the concept of doctrinal law. Qualitative data are described by words or sentences split by category to derive the conclusion. The research results showed that the basic consideration of the judge in the criminal matter Number ruling dropped 154/Pid. B/2015/PN. Pasarwajo that is based on the fact the cause of the occurrence of the case i.e. belongs to a criminal act or omission with the evidentiary culpa at least two valid instrument of evidence, namely the description of witnesses, exhibits, letters of visum et repertum and description of the defendant. The advice of the author are the judges should be more sence to see the facts of what occurred at the time of the trial, therefore from the fact such arise, leading to the conviction of the judge that the accused may or may not are convicted and the judge must be more thorough and meticulous in disconnected matter, bearing in mind the letter ruling which is binding. It also must have knowledge or science of law well, is not only legal, but also a formal legal material in order not to wrong in dropping the verdict for a case.

PRINSIP CHECKS AND BALANCES DITINJAU DARI SISI DAN PRAKTIK FAHARUDIN, FAHARUDIN
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

The purpose of this research is to get a full description about the parliament concept in Indonesia that no clear enough use Threecameralism system (MPR, DPR, DPD) Bicameralism (DPR and DPD), or Unycameralism (MPR). Similarly, if use Bicameralism form (DPR and DPD) so is not make check and balances of character between DPR and DPD make Bicameralism concept in Indonesian only Weak Bicameralism not Strong Bicameralism. Result of this research is power phenomenal more arbitrarily that’s why the power must be limited and restriction of the power must be regulated and limited in certainty of legislation or constitution that purpose no happen accumulation power to one branch of power. Trias Politica doctrine divide three branch of power that is Legislative as make the rule, executive to ride of it, and Judicative to investigate that follow with checks and balances mechanism, so that it’s impress the arbitrarily or maybe make escaped from arbitrarily.

Tinjauan Hukum Hak Waris Anak Diluar Nikah Berdasarkan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Kahar, Amrun
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

The presence of a child outside of marriage/marriage will be a matter of sufficient concern for women who give birth to or for local people. This research will be conducted on Religious Pasarwajo Court, is based on the consideration that the data and information necessary and relevant to the issues in the research in, can be poroleh easily. The research results showed that the inheritance of the child outside of marriage based on law No. 1 year 1974 about marriage is a whole child outside mating born outside the marriage provision provision or requirement contained in article 2 paragraph (1) and paragraph (2) of law number 1 Year 1974 about marriage. Berdasrkan research results beyond the kawini children of the author, who is not at all in a marriage that is valid not included in the terms of mutual recognition of inherited, except by a man that it was his son who followed by the existence of DNA evidence and a blood test based on the decision of the constitutional Number Mahkama. 46/PUU-VIII/2010.  

PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI Amrullah, Muhammad Salam
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

EFEKTIFITAS PELAKSANAAN ALOKASI DANA DESA BERDASARKAN PERMENDAGRI NO 113 TAHUN 2014 TENTANG PENGELOLAAN KEUANGAN DESA Putra, L. M. Ricard Zeldi
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

The Organization of the Government of the village of terpisakan no peyelenggaraan autonomous region. Through law No. 6 Year 2014 about villages, each village given discretion to set its own kewenanganya, either the authority based on the origin of the local scale, the powers and authority of the village, in the transferred by the Central Government/provinces//kota in accordance with government legislation. This research uses the normative-empirical type. The data used in this research is the primary data, namely data obtained directly from the field in the form of interviews and questionnaires and secondary data, namely data obtained from graphical documents (tables, notes, meeting, meetings, etc), photographs, films, video recordings, and other things that can enrich the primary data.  Research results show that implementation of the allocation of Funds in the village of Banabungi Village have been implemented but in pelaksanaanya is not effective. It is based on is Not dilaksanakanya the principle of transparency and participatory in its own ruling, a factor pelaksanaanya i.e. the absence of legal sanctions or force power for the Government when the village does not implement legal norms. While the position of Permendagri NO. 113 Year 2014 about financial management is in compliance as regulations, although the above provision does not mention explicitly the type of legislation in the form of a regulation of the Minister, but the phrase rules set by Ministers at the top, reflecting the existence of ministerial regulation as one of the types of legislation.  

Tinjauan Yuridis Pelakasanaan Perkawinan Walian Tondo (Turunan Raja) Berdasarkan Hukum Adat Kulisusu Utara Kabupaten Buton Utara Haniru, Laode
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Marriage aims to form a happy family and everlasting. Marriage requires careful consideration in order to persevere in the long periods of time in a relationship as husband and wife. Indispensable attitude of tolerance and put yourself on the proper role. One example of such marriages, i.e. marriage down the bed. Marriage down bed (Walian tundra) frequently took place in the area of North Buton to the culture. Therefore, researchers are interested in writing a research on the status and validity of the marriage bed down according to customary law. (studies in North buton). In this study the author uses the method of normative legal research i.e. research approach the problems and legal norms in force. Legal norms that apply to that form of positive written legal norms such as the Constitution, laws, government regulations and so on. Research results show that implementation of the marriage walian tondro (down bunks) based on customary law Kulisusu Sub-district in Waode village of Buri North Kulisusu can occur if the following: a) the already existing agreement of husband and wife when the wife is still alive, that when I died (wife) then you (the husband) must be married with the sister of girs as a substitute for the mother of our children and this should be known to be mutually agreed by both parties in defense. In the sense that there must be a will from the wife. b) after it is accepted then the two sides will carry out walian tondro (mate's bed). C) Covenant of marriage anniversary match existing Covenant of marriage (islam). D) wedding reception. There are several reasons underlying the onset of mating walian tondro (down bed) so that the wife can provide replacements for descendants as the legitimate successor of the family.

Perlindungan Konsumen Terhadap Makanan Pangan Industri Rumah Tangga Ernawati, Ernawati
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Consumers have the freedom to determine the type and quality of the goods/services in accordance with their needs. Food safety, quality problems and the impact of irregularities, as well as the strengths, weaknesses, opportunities and threats in the development of food industry quality system is a shared responsibility as the consumer protection efforts. The method in this research using qualitative methods. The research results showed that consumer protection conducted by government agencies and other institutions in the following way i.e. perform monitoring of food products by giving the number of the PIRT against businessmen who are qualified and have previously received counseling about the food products that may be released, as well as to provide warning and withdrawal of products that contain a positive dye textiles.  The efforts made by the North Buton Regency POM Halls namely collaborates with government agencies and Institutions Consumers North Buton Regency to do surveillance, sampling and testing, guidance products. Trade a proven violation reported to the District Health Office of North Buton for follow up. Restricting factors for the Government and Consumers North Buton Regency in coping with a circulation of foods that contain colouring substances in textiles, namely budget constraints to organise activities agenda so that there are no activities were carried out, bureaucratic system which is still so convoluted follow-up to businessmen.

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Home Page

OAI Link

Editorial Team

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Contact Name La Ode Achmad Suherman

Contact Email ldasuherman91@gmail.com

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Location Kota bau bau, Sulawesi tenggara INDONESIA

Abstract

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Abstract

Abstract

Contact Name
La Ode Achmad Suherman

Contact Email
ldasuherman91@gmail.com

Phone
-

Journal Mail Official
volkgeistjournal@gmail.com

Editorial Address
-

Location
Kota bau bau,

Sulawesi tenggara

INDONESIA