cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
Jurnal Hukum Volkgeist
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 11 Documents
 1   2 
Search results for , issue "Vol 5 No 2 (2021): JUNE" : 11 Documents clear
An Analysis of The Offense of Unpleasant Action in Article 335 Paragraph (1) of The Indonesian Criminal Code Xavier Nugraha; Kusuma Wardani Raharjo; Ahmad Ardhiansyah; Alip Pamungkas Raharjo
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.678

Abstract

The Constitutional Court as the guardian of the constitution and the guardian of human rights has the duty to ensure that the Law does not contradict the constitution and does not violate human rights. One of the manifestations of this can be seen in the Constitutional Court Decision Number 1 / PUU-X / 2013, where the Constitutional Court removed the element "Some other deeds or unpleasant treatment/act" in Article 335 paragraph (1) of the Criminal Code. With the removal of the core elements of Article 335 paragraph (1) of the Criminal Code, raises questions related to the existence of the offense whether it still exists or not. Based on this, this study will examine 1) Application of Article 335 of the Criminal Code Before the Decision of the Constitutional Court Number 1 / PUU-X / 2013 and 2.) Application of Article 335 of the Criminal Code After the Decision of the Constitutional Court Number 1 / PUU-X / 2013. This research is a normative legal research with a statute approach, conceptual approach, and case approach. Based on this research, it was found that after the Constitutional Court Decision Number 1 / PUU-X / 2013 that offenses of unpleasant acts had been reconstructed into forced offenses.
The Legal Annalysis of Married Dispensation in The Perspective of Law Number 35 of 2014 Concerning Childhood Protection Saharuddin Dahlan
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.804

Abstract

The research method used in this research is Normative Empirical research, Empirical Normative research type. The purpose of this research is to know the determination of the marriage dispensation seen from the child protection law and to know the judges' considerations in determining the marriage dispensation what is seen from the child protection law The results of this study indicate that the determination of the dispensation of marriage, seen from the Child Protection Law, can be seen from two things, namely, first, the application for dispensation is in accordance with recommendations and benefits for children in applying for dispensation so that judges in deciding applications always pay attention to benefits. Second is the Factor Causing Marriage Dispensation Which, when viewed from the Child Protection Law, is the factor of children who really want to get married due to sexual misconduct and pregnancy outside of marriage and the factor of concern about religious law where religion is a reference for enjoying even underage children.
Setting The Principles of Democracy in The Appointment of A Single Candidate Spouse of Regional Heads Rahmat Nur
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.844

Abstract

This research aims to analyzethe regulation of democratic principles in filling the position of regional head in single candidatepai. This study uses normative juridical research by conducting legal analysis of legislation related to the filling of local government positions and legal issues related to the Decision of the Constitutional Court No. 100/PUU-XIII/2015 on the constitutional requirements of regional head elections (candidates' spouses). The results showed the regulation of democratic principles in filling the position of regional head in the case of a single candidate pair can use two mechanisms, namely using the electoral mechanism (Basedon Law No. 10 of 2016 as a follow-up to the Decision of Mk No. 100/PUU-XIII/2015) or the mechanism of appointment, as long as the appointment is done by officials who have been directly elected. Furthermore, the arrangement of the mechanism of appointing a single candidate of regional head in Indonesia can follow what has been implemented in the United States that implements uncontested elections if after the nomination period ends still produces only one candidate, then the candidate's spouse is immediately considered valid as the spouse of the elected candidate and can be legally appointed as the head of the new period. Filling the position of regional head that there is only 1 (one) candidate pair is using the mechanism of appointment, while if there are 2 (two) pairs of candidates or more still use the election mechanism.
Responsiveness of Criminal Law to Skimming Crimes in The Era of Industrial Revolution 4.0 (Four Point Zero) Ahmad Suryadi
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.845

Abstract

This study aims to: 1)Analyze and understand the responsiveness of criminal law in entering the era of industrial revolution 4.0 (four point zero), 2)Enforcement of criminal law in cyber crime, criminal acts in cyber crime, criminal responsibility of cyber crime perpetrators. This research is normative-empirical research which is basically a merger between normative legal approach with the addition of empirical elements as the implementation of normative law in its action on every legal event that occurs in society. The results of this study show that cyber crime is a special crime. Cyber Crime has the intent as a crime in the realm of computer technology and internet networks as targets. The basis of law enforcement considerations in cyber crime is based on Law No. 11 of 2008 concerning Information and Electronic Transactions in the Act as amended into Law No. 19 of 2016 on Information and Electronic Transactions (ITE) on Information and Electronic Transactions. Criminal liability for perpetrators of cyber crime crimes always pay attention to the enactment of Law No. 11 of 2008 on Information and Electronic Transactions in as amended into Law No. 19 of 2016 on Information and Electronic Transactions (ITE) on Information and Electronic Transactions and pay attention to the methods of criminal law. In the process of law enforcement on cyber crime must always prioritize legal certainty as a form to provide protection and security in the process of transactions through the internet for the public at large.
Application of Military Law Against TNI Members Who Commit Desertion Crimes Aswin Nugraha Sailellah
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.846

Abstract

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.
Juridical Review of The Application of Digital Mapping (Plotting) of Land Ownership Rights in The Prevention of Multiple Certificates Mashendra Mashendra; Deddy Mursanto
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1081

Abstract

The implementation of land registration aims to create an accurate information center regarding land ownership. To ensure that land registration administration runs effectively, the Computerization of Land Activities (KKP) policy is implemented gradually and thoroughly. Even so, the application of a computerized system that is so sophisticated, still finds overlapping ownership of land titles. Overlapping the certificate will result in legal uncertainty for the certificate holder, because the main purpose listed is to get the certificate as valid evidence.. Sampling in this study was carried out purposively with a non-random sampling technique that focused only on land that had multiple certificates. The data analysis pattern in this study is based on qualitative methods. The findings of this study are thatThe implementation of Computerization of Land Activities (KKP) at BPN City of Baubau in preventing the occurrence of double certificates is carried out with all processes from the beginning of land registration to issuance of certificates and stored digitally.The factors that result in the occurrence of a double certificate can be seen from 2 (two) things, namely first, when viewed from the factor of the Community. Second, if it is seen from the human resource factor of the Land Officedue to carelessness and carelessness of the land officers.
The Institutional Form of Policyholder Protection Scheme in Indonesia (A Comparison Study Between Indonesia, Malaysia, and South Korea) Putri Nurul Hidayati
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1093

Abstract

This study is about the urgency of establishing a Policyholder Protection Fund for policyholders and insurance companies in Indonesia. The discussion in this study includes the urgency of establishing a Policyholder Protection Fund in Indonesia, the comparison study between Indonesia, Malaysia and South Korea Policyholder Protection Funds that can be applied in Indonesia. The research method used is a normative juridical research method. The author concludes that the Policyholder Protection Fund in Indonesia should immediately be established. This is because many insurance companies have failed to pay and the Policyholder Protection Fund can provide benefits to policyholders in the form of legal protection. The Policyholder Protection Fund can also provide benefits to the economic system in general. Also, the form of the policyholder guarantee program that can be applied in Indonesia is as an independent institution that is separate from the Deposit Insurance Corporation.
The Requirements for Replacement of Elected Legislative Candidates for Election Based on Democratic Principles Muhammad Iqbal Maulana Haedar
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1108

Abstract

The research method used is Normative Juridical with a form of data collection by observation and documentation. This research aims to be able to know and analyze how the application of democratic principles and legal implications in the implementation of replacement of elected legislative candidates. The results of the study showed that there are differences in interpretation of the authority in terms of replacement of prospective legislative members elected. Political parties consider themselves to have absolute authority, while based on its rules the KPU should have that authority. Regarding the legal implications of the candidates of elected legislators who are dismissed by his party of course make the elected candidates in question are not appointed as members of the legislature and also give rise to biased legal certainty. Whereas in the legal process has been found the results of a final and binding ruling from the Makassar State Administrative Court.
Implementation of Police Duties to Support the Implementation of Health Protocols During the Covid-19 Pandemic in Order The Realization of a Conducive Kamtibmas Atmosphere (baubau city case study) Deddy Mursanto
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1115

Abstract

Police responsibility is very complex ranging from in public service to supporting security against the security of the State. Seeing or studying the task of the Police to the scale of the Police then the author wants to describe the duties and responsibilities of the National Police mandated by law in carrying out its duties and responsibilities by taking samples, namely baubau city police in controlling the mandate of the Law and information related to the handling of the Covid-19 Pandemic where the city of Baubau was not spared the impact of the pandemic. The purpose of this study is to understand the role of the police in the implementation of kamtibmas during the Covid 19 pandemic in Baubau City. The types of data used in the study are primary and secondary data collected from the interview process and literature studies, which will then be analyzed qualitatively with the steps that have reduced the data. The results of this study concluded the role of Bhabinkamtibmas and Intelkam is very basic and supports all police duties in maintaining public order and looking for basic information about people who do not comply with the recommendations of health protocols in the community during the Current Covid-19 Pandemic and provide input to the community to prevent the emergence of new perpetrators of crimes due to the Covid-19 pandemic by giving input on what should be done by the community.
Revocation of Political Rights Convicted of Corruption In Every Judge's Decision as An Effort to Eradicate Corruption Irsan Rahman; L. M. Ricard Zeldi Putra
Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i2.1116

Abstract

The source of political rights inherent in human rights and political rights are also closely related to power. Meanwhile, corruptors who abuse their power are only sentenced to an average of 2 years and 2 months in prison during 2016; In 2013 the average sentence was 2 years 11 months; in 2014 2 years 8 months; and 2015 only 2 years 2 months. There needs to be a formulation of the provisions of the regulations as a basis for integrating and harmonizing judges' decisions on the revocation of political rights or it is also necessary to formulate a special criminal system to eradicate corruption crimes. Therefore, this study aims to examine what things underlie the enforcement of the deprivation of the political rights of the convicted of corruption in judge's decision and formulation of the criminal law system regarding the deprivation of political rights of convicted of corruption in judge's decision?. This research was conducted using a type of sociological juridical research approach. The result of the research is the abolition of political rights for corruption convicts, when examined from the juridical, sociological, and human rights aspects. It must become a standard in the punishment of corruption, considering that several formulations of the criminal law system currently exist in the criminal act of corruption which is still relatively light because the several sanctions given to date have not minimized acts of corruption.

Page 1 of 2 | Total Record : 11

 1   2 

Filter by Year

2021 2021


Reset
Filter By Issues
All Issue Vol. 9 No. 2 (2025): JUNE Vol. 9 No. 1 (2024): DECEMBER Vol. 8 No. 2 (2024): JUNE Vol. 8 No. 1 (2023): DECEMBER Vol. 7 No. 2 (2023): JUNE Vol. 7 No. 1 (2022): DECEMBER Vol 6 No 2 (2022): JUNE Vol 6 No 1 (2021): DECEMBER Vol 5 No 2 (2021): JUNE Vol 5 No 1 (2020): DECEMBER Vol 4 No 2 (2020): JUNE Vol 4 No 1 (2019): DECEMBER Vol 3 No 2 (2019): JUNE Vol 3 No 2 (2019): JUNE Vol 3 No 1 (2018): DECEMBER Vol 3 No 1 (2018): DECEMBER Vol 2 No 2 (2018): JUNE Vol 2 No 2 (2018): JUNE Vol 2 No 1 (2017): DECEMBER Vol 2 No 1 (2017): DECEMBER Vol 1 No 2 (2017): JUNE Vol 1 No 2 (2017): JUNE Vol 1 No 1 (2016): DECEMBER Vol 1 No 1 (2016): DECEMBER More Issue