Jurnal Hukum Volkgeist
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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<![CDATA[Juridical-Sociological study of land pawn : a normative study in Patilanggio district ]]>
<![CDATA[Nasrullah Nasrullah]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.701
<![CDATA[The practice of land pawning in Patilanggio district still keeps the provisions of the applicable laws and regulations. So that it is more likely to harm the pledge grantor which is not based on the principle of helping. Although the community realizes that pawning land is harm for them, this is still done by residents as the last solution to meet urgent needs. This practice has become a habit and it is normal for community and never be a problem between the land pawner and the land pawn recipient. In disputing resolution between the grantor and the recipient, is by way of deliberation, involving the village head or only by deliberation between the pawner and the pawn recipient. Keywords: Pawner, recipient, Patilanggio]]>
<![CDATA[Online trade marketing techniques through giveaway as one of the guise of fraud ]]>
<![CDATA[IIdha Pratiwi Dyah Sinta Dewi]]>;
<![CDATA[Pujiyono Pujiyono]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.780
<![CDATA[Technological development also affects the economy. Nowadays commercial activities by using the internet are different from the conventional. Those who are parties to internet commerce base their transactions on trust. To build trust in customers, online merchants use marketing techniques named endorse service. Seller currently makes giveaway events on these endorser accounts. However, the gift is often not fulfilled by online merchants so that giveaway is just a guise of online fraud. The author emphasizes the relation of fraud caused by giveaway with the building of public trust through the endorsers. This crime is rarely revealed because the victims didn’t want to report. This research is a normative study using a statutory approach, data collection through library research, and analyzed using descriptive-analytical techniques. From this study, the result is an understanding that the relations between endorsers and fraudulent activities carried out by digital economics actors is by creating trust in the community, giveaway exists without further investigation of prizes. Fraud is seen as a causal subjective relations where there is an act of influencing the will of others created by endorsers so that person gives something to the seller.]]>
<![CDATA[Effectiveness to the reversal of the burden proof system in handling corruption case ]]>
<![CDATA[Deddy Mursanto]]>;
<![CDATA[La Ode Muhammad Karim]]>;
<![CDATA[Mashendra Mashendra]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.863
<![CDATA[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.]]>
<![CDATA[Juridical review of the authority of the Indonesian consultative assembly after the amendments to the 1945 constitution ]]>
<![CDATA[Yudin Yunus]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.895
<![CDATA[This research discusses the Juridical Review of the Authority of the Indonesian Consultative Assembly after the 1945 Constitution Amendment . The results of the study describe the applicable provisions with the facts that occur in the community regarding the authority of the People's Consultative Assembly after the amendment of Law D1945 which is very minimal as a major State institution compared to other State institutions . The research method used in this research is normative research method. The statutory approach and the historical approach are approaches using legislation and regulations . And the historical approach is to refer to historical principles the law on the authority of the MPR prior to the amendments to the 1945 Constitution . These principles can be found in scholarly views or legal doctrines . This study aims to analyze the authority of the people's deliberative assembly before and after the amendment of the 1945 Constitution , based on the prevailing laws and legal history , namely by providing clarity on the status of the State MPR institution which is still maintained by the State as the main State institution which only has 3 post authorities. amendment e 4 In Article 3 of the Constitution, namely: 1 Amending and stipulating the Constitution , 2. Inaugurating the President and / or Vice President 3. Dismissing the President and / or Vice President during their term of office according to the Constitution . Based on the results of the research, it is concluded that the authority of the People 's Consultative Assembly after the Amendment of the 1945 Constitution is very minimal, namely only 3 powers not to mention that all of these 3 powers are only ceremonial]]>
<![CDATA[Mechanism for collective property sharing in mixed marriage ]]>
<![CDATA[Siti Alfisyahrin Lasori]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.896
<![CDATA[This research discusses the mechanism of sharing joint assets for mixed marriage partners. The results of the study illustrate the applicable provisions with the facts that occur in the community regarding land ownership for Indonesian husbands or wives in mixed marriages. The research method used in this research is normative research method. The statutory approach and the conceptual approach The statutory approach is an approach using legislation and regulations. And the conceptual approach is to refer to legal principles. These principles can be found in scholarly views or legal doctrines . This study aims to analyze the mechanism for sharing joint assets in marriage, is based on the prevailing laws and regulations and provides legal certainty for the husband or wife of Indonesian citizens regarding the status of land ownership in joint assets for mixed marriages. Based on the results of the research, a conclusion is obtained that land ownership for Indonesian citizens due to mixed marriages without being equated with land rights for their foreign partners, which is only limited to use rights. Legal certainty for current Indonesian citizens to be entitled to land with ownership rights.]]>
<![CDATA[The effectiveness of the implementation of diversion on children who conflict with the law at the level of the state court in gorontalo province ]]>
<![CDATA[Muhammad Rizal Lampatta]]>;
<![CDATA[Herlina Sulaiman]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.897
<![CDATA[Diversion is a step or legal remedy aimed specifically at children who are in conflict with the law. As perpetrators of criminal acts, children need to be treated differently from adults. This is due to the psychological condition of children who are considered unable to accept criminal sanctions. Even children who have committed criminal acts, Act No. 11 of 2012 on the Criminal Justice System Children continue to provide collateral in the form of diversion efforts so that children avoid criminal prosecution. Diversion is carried out at the police, attorney and court levels. Not all cases of child offenders who enter the PN level can be diversified because there are already rules in the SPPA Law, Perma No. 4 of 2014 and PP. 65 of 2015. Likewise in the implementation of diversion at the District Court level in Gorontalo Province, some were successful and some were not. This study aims to determine the effectiveness of the implementation of diversion to child offenders at court level in Gorontalo Province. As well as to find out the obstacles in the implementation of diversion against child offenders at the District Court level in Gorontalo Province.]]>
<![CDATA[Neutrality of Village Heads and Village Officials in Pemilukada in Luwu Regency ]]>
<![CDATA[Asbudi Dwi Saputra]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.898
<![CDATA[The leadership of a Village Head in each village must be able to be a good example and role model for the community. The involvement of the Tirowali village head in Luwu Regency in practical politics in the last 2018 regional head elections is of course contrary to the provisions stipulated in the Law, this is very contrary to his position as a government official who is expected to be neutral in politics. The strategic and significant role of the Election Supervisory Agency, namely how to avoid potential election violations arises by implementing optimal prevention strategies. This study aims to determine the role and function of Bawaslu in carrying out prevention and prosecution of violations of the neutrality of village heads and to determine the factors that affect the credibility of village heads in regional head elections. This study uses a normative legal research method with a case approach which is carried out by examining cases related to the issue of the neutrality of the village head in Luwu Regency, and has become a decision that has permanent legal force. The results of this study indicate that the need to strengthen regulations to give authority to election supervisory agencies to impose sanctions on violations of neutrality in regional head elections, the involvement of village heads in practical politics indicates that government bureaucrats can still be covered by political interests.]]>
<![CDATA[Law enforcement on plastic waste pollution in coastal area assessed from article 29 verse (4) law number 18 of 2008 concerning waste management (study in Buton regency of South Sulawesi) ]]>
<![CDATA[La Gurusi]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.900
<![CDATA[This study focuses on the law enforcement process against plastic waste pollution in the Coastal Area of Buton Regency and what factors impose law enforcement on plastic waste pollution in the Coastal Area of Buton Regency. This study uses an empirical research model, namely legal research that analyzes and examines the work of law in society. The work of law in society can be examined through the effectiveness of law enforcement. Location of research on Law Enforcement Against Plastic Waste Pollution in Coastal Areas in View of Article 29 Paragraph (4) of Law Number 18 Year 2008 concerning Waste Management in Wasuemba Village, Pasarwajo District, Buton Regency, Southeast Sulawesi. To solve legal problems in this study, researchers used qualitative analysis. This study found that Enforceability of law is determined by (a) the availability of sanctions that can have a deterrent effect; (b) the availability of 3 (three) types of sanctions, consisting of administrative, criminal and civil sanctions; (c) availability of a public complaint mechanism and its follow-up on violations of rights experienced by the community; (d) availability of a regulatory oversight mechanism against environmental requirements; (e) the availability of special institutions and apparatuses to supervise compliance, investigate, investigate, prosecute, even court.]]>
<![CDATA[Law enforcement and eradication of criminal actions of narcotics in Pohuwato district area ]]>
<![CDATA[Herlina Sulaiman]]>;
<![CDATA[Muhammad Rizal Lampatta]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.913
<![CDATA[Narcotics, as one of the main enemies of the Indonesian nation, has reached an alarming stage. The targets of the dealers are not only adults and the economic community and above, but have also reached children and the economic community downward. This of course requires the role of law enforcement officials in enforcing and eradicating narcotics crime. This study aims to identify and analyze about eradication and law enforcement and its obstacles against narcotics crime in Pohuwato Regency]]>
<![CDATA[Settlement of indonesian human rights violations in the past through restorative justice approaches ]]>
<![CDATA[Rosnida Rosnida]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i1.932
<![CDATA[This paper aimed to identify and analyze the resolution of past gross human rights violations in Indonesia through a restorative justice approach. The type of research used is normative legal research, using a juridical approach, the type of data used is secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials, data analysis used is qualitative analysis. Based on the results of the research, it is concluded that so far the Attorney General has not been proactive in looking for various legal facts that can support the evidence previously presented by Komnas HAM. The Attorney General in cases of gross human rights violations tends to be passive, even though the law instructs him to carry out an investigation as soon as possible after he receives a file from Komnas HAM. So far, Komnas HAM has completed the investigation results files and submitted them to the Attorney General to be followed up in the investigation process. However, the current problem is that the Attorney General's authority in conducting investigations has never been optimal, because it is influenced by various factors, the role of legal instruments; laws and regulations with human resources capacity as well as supporting facilities and facilities, unable to resolve past cases of gross human rights violations, the restorative justice approach is a paradigm that can be used as a framework for resolving cases of past gross human rights violations that aim to address dissatisfaction with the operation of the current human rights justice system.]]>
