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Jurnal Hukum Volkgeist
ISSN : 2528360X     EISSN : 26216159     DOI : -
Core Subject : Humanities, Art,
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
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Articles 16 Documents
Search results for , issue "Vol 2 No 2 (2018): JUNE" : 16 Documents clear
TINJAUAN YURIDIS TERHADAP PEMBIAYAAN MODAL VENTURA SYARI'AH TERHADAP USAHA MIKRO KECIL DAN MENENGAH (UMKM) DENGAN SISTEM PERHITUNGAN PROFIT SHARING Nurcahyo, Edy
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (917.214 KB) | DOI: 10.35326/volkgeist.v2i2.88

Abstract

The purpose of this research is to describe a legal review against syariah venture capital financing which given to business partner which in the form of micro business, small business, and medium enterprises with profit sharing. This research method is normative legal research. The main data source which is used is the literature. Researcher uses a conceptual approach because of adapts to the legal material under study, then it analyzed by qualitative analysis. The result of research shows that syariah venture capital financing have gined legal protection from positif law in Indonesia for doing financing based on prinsip's profit sharing. Every business operation of Syariah Venture Capital Financing and Syariah Business Unit must fulfill the principles of justice, equilibrium, benefit, and univeralism.    
SANKSI PIDANA BAGI PEGAWAI NEGERI SIPIL (PNS) YANG TIDAK NETRAL DALAM PEMILIHAN KEPALA DAERAH (PILKADA) KOTA BAUBAU BERDASARKAN UNDANG-UNDANG APARATUR SIPIL NEGARA Abdullah, La Ode Dedi
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (755.315 KB) | DOI: 10.35326/volkgeist.v2i2.89

Abstract

in the election of the head of the area (of the elections) town of Baubau on the basis of legislation ASN. The method used is the normative research methods, the data obtained will be analyzed are descriptive. Results found is the Neutrality of CIVIL SERVANTS, is the solution to solve the problems of the participation of CIVIL SERVANTS in political parties. With the inception of law No. 2014 about 15 years of Civilian rule, State Apparatus is expected to neutralize Government and then the Government should be able to realize the regulation, thus the goal of neutrality would be achieved . Law enforcement against the neutrality of CIVIL SERVANTS, in its realization have difficulties, because the arrangements regarding law enforcement civil service neutrality which is regulated in Act No. 43 Of 1999 Staffing issues, namely article 3 and The common explanation I number 6, giving sanctions for CIVIL SERVANTS who violate this regulation be removed from civil servants, these regulations only set up for CIVIL SERVANTS and members of the Executive Board of the Centre, so that the regulation has not been able to resolve any violations about neutrality.  
ANALISIS HUKUM SECARA ANALOGI PENERAPAN ASAS PEMISAHAN HORIZONTAL PADA PRAKTEK JUAL BELI TANAH TIDAK BESERTA DENGAN POHON KELAPA DI ATASNYA DI KEC. PATILANGGIO KAB. POHUWATO Nasrullah, Nasrullah
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (766.767 KB) | DOI: 10.35326/volkgeist.v2i2.90

Abstract

The principle of horizontal separation in the LoA is a principle that separates the ownership of the land by the right to the property on the ground or attached to the land, where the existence of the object attached to the land there is a time limit provision either by agreement or on the basis of the provisions of the legislation.Based on the analogy of law in the above analogy, it can be concluded that the practice of buying and selling land is not accompanied by coconut trees on it also apply the principle of horizontal separation due to the separation or difference of legal subject holder of property rights to the land with legal subject holder of property rights on coconut trees . But if you look at the various legal bases in the BAL which regulate the principles of horizontal separation such as Right of Use, Right of Use, Right to Use, Lease of Land for Building Establishment, Right of Ride, and Lease of Land for Agriculture all have clear clear time limits on the basis of agreement and also on the basis of the provisions of legislation. And for the duration of the term is not over so long also the holder of property rights on the land should not use his right either to build the building, manage or make it as collateral (collateral) debts and so on. While in the sale and purchase of separate land with coconut trees on it is not so, because there is no provision of clear time limit of the existence of coconut trees on the land rights of others and holders of land rights are still entitled to grow crops on their property rights. So the basic difference is what distinguishes the application of the principle of horizontal separation in BAL with the principle of separation of horisoltan on the practice of buying and selling land is not accompanied by coconut trees on it.
PENGARUH KEKUASAAN POLITIK TERHADAP PEMBENTUKAN HUKUM DI INDONESIA NURAINI, NURAINI
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (763.541 KB) | DOI: 10.35326/volkgeist.v2i2.91

Abstract

The state of Indonesia embraces the sovereighty of the people or democracy. The people are the owners of the highest power in the state. The real power comes from the people, by people, and for the people. Even idealized power is held together with the people. Indonesia itself is also a country that adheres to the law. From the opinion of the exparts we can see that the state that follows the rule of law is always related to power. Where power is always limited by the laws that bind it. In other words the sphere of power is limited by the rules that are bound by the rules that have been composed and written and made by the agency that is authoorized to make it.The type of research used is normative juridical research. This study uses “ conceptual approach, legislation approach, and historical approach, in discussing the problems that exist in this research method is a way to perform analysis of data.Political power is the ability to use the source of influence to influence the process of making and executing political decisions so as to benefit itself, the group or society in general. Power is a gekala that always exist in the political process, in Indonesia law is a product of power (politics) so that the character of each legal product  will be determined or colored by consideration of force political configuration that gave birthday.
TINJAUAN YURIDIS TERHADAP PERILAKU PENGGUNA HELM DI UNIVERSITAS HALUOLEO Widiasih, Ni Putu Sri
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (664.394 KB) | DOI: 10.35326/volkgeist.v2i2.106

Abstract

Violations committed by motorists with not using a helmet shows compliance (compliance) are low traffic rules as regulated in section 57 subsection (2) of Act No. 22 of year 2009 about traffic Transport and streets. This type of research is conducted with the normative-legal research efforts are empirical. The research results showed that the factors cause motorists not wearing a helmet at the cross roads and surrounding A H.E. Mokodompit still in Kecamatan Kambu is a factor of consciousness and behavior, because almost all violations and traffic accidents on the road sekitasrnya and H.E. à Mokodompit that Kecamatan Kambu is still in its primary cause is the rider. These factors gave rise to differences of level of knowledge and/or understanding of the people against the prevailing rules resulted in a disparity that potentially gave rise to traffic problems in particular knowledge of the importance of the benefits the use of helmets for motorbike riders of vehicles that do not wear a helmet, both between road users themselves as well as between road users with apparatus that served to carry out law enforcement on highways, environmental factors contribute active in creating behavior-behavior that deviates. The citizens of the society like the breach of rules that have been set out in the legislation are likely to form a bad or aberrant personality on the individual efforts being done Satlantas Polres Kendari in tackling traffic offences caused by motorcyclists not wearing a helmet at the cross streets of H.E. à Mokodompit is by way of enforcing methods of pre-emptif, is an effort or prevention efforts against irregularities.
YURIDIS TERHADAP TINDAK PIDANA PENGANCAMAN YANG DILAKUKAN SECARA BERSAMA-SAMA Furqon, Al
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (661.938 KB) | DOI: 10.35326/volkgeist.v2i2.107

Abstract

This research was carried out at the Makassar District Court in Makassar, with research methods using data collection techniques by means of research library and field research. The results of this research indicate that all the elements of a criminal offence committed by the pengancaman the second defendant had sesuasi with the elements contained in article 335 of the PENAL CODE with Article 55 paragraph (1) of the CRIMINAL CODE. This is apparent from satisfy all the elements in accordance with the article didakwakan on the defendant. Article didakwakan, namely Article 335 paragraph (1) of the CRIMINAL CODE. With satisfy the elements and look at the application of the criminal law against the crime pengancaman, then the defendant must account for his actions in accordance with the ruling of the District Court Judges deposed by the Makassar imprisonment of three (3) months and pay the fees. In deciding the matter State Court judge Makassar has pretty much consideration, starting from the demands of the public prosecutor, the accused, description of witnesses, as well as satisfy the elements pursuant to article didakwakan, as well as the things that are incriminating and relieve. So defendants are convicted with imprisonment for 3 (three) months and pay the fees, not fully contain the benefit law. Considering the act committed by the two defendants, then according to the author, the criminal who dropped by the Tribunal of judges rated very lightly.  
KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI Rustam, Dewi Ratnasari
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.859 KB) | DOI: 10.35326/volkgeist.v2i2.108

Abstract

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.
RESIKO MEDIS DAN KELALAIAN MEDIS DALAM ASPEK PERTANGGUNGJAWABAN PIDANA Ilahi, Wahyu Rizki Kartika
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.104 KB) | DOI: 10.35326/volkgeist.v2i2.109

Abstract

Healthy is very important for every people, keep healthy is very important, if some people ill and must opname when the doctor must get to make medic for some people, but the end of get medic is unsatisfactory result.in the term of unsatisfactory result from get medic, make medical loss for patient and patient’s family, in medical loss result make many issues for doctor. but must know in the fact, not every unsatisfactory result get responsibility.this thesis make a normative yuridis metode with statue approach and conceptualapproach metode. in this thesis discuss about responsibility doctor for medical risks and medical risks which can be account for by doctor
TINJAUAN YURIDIS TERHADAP PEMBIAYAAN MODAL VENTURA SYARI'AH TERHADAP USAHA MIKRO KECIL DAN MENENGAH (UMKM) DENGAN SISTEM PERHITUNGAN PROFIT SHARING Edy Nurcahyo
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v2i2.88

Abstract

The purpose of this research is to describe a legal review against syariah venture capital financing which given to business partner which in the form of micro business, small business, and medium enterprises with profit sharing. This research method is normative legal research. The main data source which is used is the literature. Researcher uses a conceptual approach because of adapts to the legal material under study, then it analyzed by qualitative analysis. The result of research shows that syariah venture capital financing have gined legal protection from positif law in Indonesia for doing financing based on prinsip's profit sharing. Every business operation of Syariah Venture Capital Financing and Syariah Business Unit must fulfill the principles of justice, equilibrium, benefit, and univeralism.
SANKSI PIDANA BAGI PEGAWAI NEGERI SIPIL (PNS) YANG TIDAK NETRAL DALAM PEMILIHAN KEPALA DAERAH (PILKADA) KOTA BAUBAU BERDASARKAN UNDANG-UNDANG APARATUR SIPIL NEGARA La Ode Dedi Abdullah
Jurnal Hukum Volkgeist Vol 2 No 2 (2018): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v2i2.89

Abstract

in the election of the head of the area (of the elections) town of Baubau on the basis of legislation ASN. The method used is the normative research methods, the data obtained will be analyzed are descriptive. Results found is the Neutrality of CIVIL SERVANTS, is the solution to solve the problems of the participation of CIVIL SERVANTS in political parties. With the inception of law No. 2014 about 15 years of Civilian rule, State Apparatus is expected to neutralize Government and then the Government should be able to realize the regulation, thus the goal of neutrality would be achieved . Law enforcement against the neutrality of CIVIL SERVANTS, in its realization have difficulties, because the arrangements regarding law enforcement civil service neutrality which is regulated in Act No. 43 Of 1999 Staffing issues, namely article 3 and The common explanation I number 6, giving sanctions for CIVIL SERVANTS who violate this regulation be removed from civil servants, these regulations only set up for CIVIL SERVANTS and members of the Executive Board of the Centre, so that the regulation has not been able to resolve any violations about neutrality.

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