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[Legal Analysis of Restrictions on the Political Rights of Exconvicts to be Elected in Local Elections Regional Head Election ]]>
<![CDATA[Wiridin, Darmawan]]>;
<![CDATA[Mustafa, Ali]]>;
<![CDATA[Nasrin]]>;
<![CDATA[Aisyah, Sitti]]>;
<![CDATA[Putra, Zulfikar]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.4338
<![CDATA[The purposes of this study are: 1) To find out the restrictions on the political rights of ex-convicts to participate in the election of Regional Heads 2) To find out the legal consequences of restrictions and revocation of political rights of ex-convicts to be elected in regional head elections. The type of normative legal research is doctrinal legal research or library research. The results of the researchare: 1) Limiting the political rights of ex-convicts to be elected is contrary to the hierarchy higher regulations. Based on Law No.12 of 2011 concerning the Formation of Legislation and Invitation and is not in line with the principle (Lex Superior Derogat Legi Inferiori) meaning that the reshould be nolower regulations contrary to higher regulations. 2) Due to the law limiting the political rights of ex-convicts to be elected, it can be canceled through are quest for examination. Judicial review at the Supreme Court based on Law Number 12 of 2011 concerning the Establishment of Legislation, Law Number 39 of 1999 concerning Human Rights and Law Number 7 of 2017 concerning General Elections]]>
<![CDATA[Law Enforcement Against Disseminers Of Dishonour Content On Social Media: Case study the distribution of recordings of caning processions in Aceh ]]>
<![CDATA[Siregar, Friska Anggi]]>;
<![CDATA[Yulis, Sari]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.4595
<![CDATA[Responding to the phenomenon of defamation during the execution of caning sentences, the Aceh Government limited the place where caning sentences were carried out from initially being carried out in public places and then being transferred to detention centres or correctional institutions. This rule is stated in Governor's Regulation Number 5 of 2018. The aim of moving the place of execution to a detention centre is to protect the rights of the convict so that it does not spread on social media. With the issuance of Gubernatorial Regulation no. 5 of 2018, of course there are legal implications regarding whether or not to record the caning procession. If caning is considered a disgrace, then those who spread caning can be charged under the ITE Law on defamation, but this phenomenon continues to occur and there are no calls from law enforcers to prohibit it. Thus, researchers feel it is necessary to examine the legal certainty regarding the dissemination of recordings of caning processions on digital media, and what the view of Islamic law is regarding the dissemination of recordings of caning processions on digital media. This research is entirely qualitative research (qualitative approach) using a normative juridical approach or library research. From the results of the research, it was concluded that there is no clear prohibition on the distribution of caning punishments either in the governor's regulation or in the qanun, so the law is permissible. The perpetrator also cannot be charged under the ITE Law because the execution is open to the public. However, victims may report to the authorities if they feel that the news conveyed does not match the facts or attacks their honour. This is also not prohibited in Islam, because it is classified as permissible backbiting, with the aim of making the perpetrators feel embarrassed and have a deterrent effect and warning for others.]]>
<![CDATA[Optimizing the Role of the Gorontalo High Prosecutor's Office in Realizing Restorative Justice ]]>
<![CDATA[Nur, Rafika]]>;
<![CDATA[Syamsidar]]>;
<![CDATA[Djafar, Marwan]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.4666
<![CDATA[Restorative justice is a legal approach aimed at repairing the effects of a criminal act by involving all parties in the conflict, including the perpetrator, the victim, and the community. The High Prosecutor's Office of Gorontalo plays a crucial role in realizing restorative justice in its region. This study aims to explore and optimize the role of the High Prosecutor's Office of Gorontalo in implementing restorative justice principles. This research aims to understand and optimize the role of the High Prosecutor's Office of Gorontalo in applying restorative justice principles. The method used is empirical research utilizing field data as the primary source, such as results from interviews and observations. The research findings indicate that optimizing the role of the High Prosecutor's Office of Gorontalo in realizing restorative justice in the Gorontalo Province turns the institution into a dignified law enforcement agency that enjoys high public trust in the law enforcement process, especially in criminal matters. Nowadays, the performance of law enforcement officers often becomes the focus of public scrutiny and criticism from the community and justice seekers who have long opined that the law is sharp towards the lower class and dull towards the upper class. This research provides a significant contribution to understanding how restorative justice can be an effective tool in the criminal justice system in Indonesia. It is expected that the process of case resolution based on restorative justice in the future will importantly see the range of bureaucratic control in its resolution shortened at the regional level up to the echelon II (High Prosecutor's Office) to expedite and make the case resolution process more flexible, and to maintain the accountability of the resolution of restorative justice cases, the prosecutorial ranks should strengthen supervision functions, both functional and inherent.]]>
<![CDATA[Law Enforcement Against Illegal Investments ]]>
<![CDATA[Muhamad Javier Ramzy]]>;
<![CDATA[Upik Mutiara]]>;
<![CDATA[Ronald Samuel Wuisan]]>;
<![CDATA[Rijal Ibnu Sani]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5168
<![CDATA[nvestment is something that is growing rapidly in society. Apart from being easy, investing can also provide quite large profits. However, there is still a lot of illegal investment occurring in society. This is due to a lack of strict law enforcement and a lack of public education regarding investment. Therefore, it is necessary to educate the public and provide strict law enforcement to perpetrators of illegal investments so that people do not become victims in the future. Illegal investments usually offer large profits in a short time with low risk. Law enforcement against illegal investments can be carried out from two perspectives, namely civil and criminal. Investment is a rapidly growing trend within society, presenting an easy way to achieve substantial profits. Despite its potential benefits, there remains a significant presence of illegal investment activities. This issue primarily stems from insufficient law enforcement and a lack of public education about investment principles and risks. To mitigate this problem, it is crucial to enhance public awareness and implement stringent legal measures against those involved in illegal investments, ensuring that individuals are protected from becoming future victims. Typically, illegal investments promise high returns in a short period with minimal risk, attracting many unsuspecting individuals. Effective law enforcement against these fraudulent activities can be approached from both civil and criminal perspectives, addressing the issue comprehensively.]]>
<![CDATA[LPSK Integration At The Investigation Stage In Fulfilling The Rights Of Victims Of Sexual Violence ]]>
<![CDATA[Muh Sutri Mansyah]]>;
<![CDATA[Edy Nurcahyo]]>;
<![CDATA[Kaswandi]]>;
<![CDATA[Hasirudin Hasri]]>;
<![CDATA[Hayun]]>;
<![CDATA[Darojatun Andara]]>;
<![CDATA[Muh. Ramlan]]>;
<![CDATA[Sambar]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5265
<![CDATA[Fulfilling the rights of victims of criminal sexual violence is very important, starting from procedural rights, medical rights, psychological rights, and physical protection, but is often forgotten by law enforcement officials. This research will analyze the LPSK integration model at the investigation stage in fulfilling the rights of victims of criminal sexual violence. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Sexual Violence Crime Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The results of the research state that the LPSK integration model at the investigation stage has been regulated in Article 43 of the Sexual Violence Law, within 1 x 24 (one time twenty four) hours from the granting of temporary protection, the investigator is obliged to submit a request for protection to the LPSK. However, problems arise if the investigator does not apply for protection or ignores these legal obligations. This creates a legal vacuum. Future suggestions for the government and law enforcement agencies need to align perceptions regarding the protection of victims of sexual violence and the involvement of LPSK in the criminal justice system. In this way, it is hoped that the rights of victims can be fulfilled.]]>
<![CDATA[The Juridical Sociological Review of Zakat Fitrah Distribution in Pomalaa Subdistrict, Kolaka Regency ]]>
<![CDATA[Chasanah, Rosda]]>;
<![CDATA[sari, Patma]]>;
<![CDATA[Muhammad As Ari. AM]]>;
<![CDATA[Yeni Haerani]]>;
<![CDATA[Irabiah]]>;
<![CDATA[Ernita Ramadhani bym]]>;
<![CDATA[Faisal Herisetiawan Jafar]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5296
<![CDATA[This research aims to examine and analyze the Sociological Juridical Review of Zakat Fitra Distribution in Pomalaa District, Kolaka Regency. The analysis technique in this research uses qualitative analysis techniques. Provisions for the Distribution of Zakat Fitrah must be distributed immediately to mustahik for 8 groups (asnaf), poor people, poor people, those who have softened their hearts (converts), to (free) servants, to (free) people who donate, filsabilillah and for people who are on a journey, as Allah says in the Qur'an surah at-Taubah 60. If you have not had time to pay zakat fitrah before the Eid al-Fitr holiday, it is sunnah to pay zakat after the morning prayer before the Eid al-Fitr prayer. The makruh time to pay zakat is after Eid al-Fitr and before sunset on Hari Raya. Even though this time is considered quite risky, it is still recommended to pay zakat fitrah at this time if Muslims have not had the opportunity to do it before, so that no Muslims go hungry on Eid al-Fitr. Delays in the distribution of zakat fitrah in the district. Pomalaa in Kab. Kolaka at the Nurul Huda Mosque is due to the awareness of the community in collecting zakat and the zakat distribution committee which is a new form of youth during the month of Ramadhan, which always changes every year and does not understand and does not review the provisions of zakat fitrah so that the community receiving zakat fitrah does not receive zakat. Accordingly, the distribution of zakat becomes uneven.]]>
<![CDATA[Itsbat Marriage For Parents Who Die And The Legal Consequences: (Case Study: Ruling Of The Kajen Religious Court Number: 1059/Pdt.G/2022/ Pa Kjn) ]]>
<![CDATA[Noor, Ganis Vitayanty]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5452
<![CDATA[A marriage is valid if it is carried out according to religion/belief and is registered, for those who are Muslim it is recorded at the Religious Affairs Office (KUA) while for non-Muslims it is recorded at the Civil Registration Office (Capil). Marriage registration as proof that the marriage has been carried out. If a person cannot prove their marriage, then the husband and wife concerned must submit a request for itsbat marriage to the Religious Court. Legal marriage also has legal consequences for the rights of the wife and children. So what about those whose parents' marriage dies? And what are the legal consequences of the application for itsbat marriage? In this research, the author uses empirical juridical research methods, with the object of research being the decision of the Kajen religious court number: 1059 Pdt.G/2022/PA Kjn and interviews with related parties. For marriages where the parents have passed away, you can still apply for a marriage itsbat to the Religious Court. Applying for a marriage certificate for parents who have died is a contentious matter. Not all applications for marriage itsbat applications will be granted, but it could be in the form of a lawsuit decision to be withdrawn, a decision to be dismissed, a verstek decision, a decision not to be accepted, and a decision to be rejected. The legal consequence of the decision being granted is that the Petitioner/Petitioners can apply for registration of the marriage of their deceased parents to the Religious Affairs Office (KUA) which is the jurisdiction of the Religious Court which examines, hears and decides the case; The applicant/petitioners can make a birth certificate stating the name of their biological father; The Applicant/Applicants have a civil relationship with their biological father and their biological father's family; The Petitioner/Petitioners have the right to their biological father's assets if their biological father dies. Meanwhile, for court decisions other than those that are granted, you do not have rights similar to the rights obtained for decisions that are granted.]]>
<![CDATA[Implementation of The Prosecutor's Intelligence Authority in Investigations of Corruption Crimes ]]>
<![CDATA[Tuanaya, Nurjanah]]>;
<![CDATA[Malik, Faissal]]>;
<![CDATA[Amriyanto]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5565
<![CDATA[This study aims to analyze the implementation of the Prosecutorial Intelligence's authority in investigating alleged corruption at the Tidore Kepulauan District Attorney's Office and to identify the challenges encountered during the investigation process. The methodology employed is empirical legal research with a qualitative field approach. Data were collected through in-depth interviews and documentation studies. The research findings indicate that the implementation of the Prosecutorial Intelligence's authority at the Tidore Kepulauan District Attorney's Office aligns with the applicable regulations, including Article 30B paragraph (d) of Law No. 11 of 2021 on the Amendment of Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia and Presidential Regulation No. 38 of 2010 on the Organization and Working Procedures of the Prosecutor's Office of the Republic of Indonesia. Nonetheless, several significant challenges were identified in the investigation process, including budget constraints, insufficient education and training for staff, and inadequate facilities and infrastructure. This study provides recommendations to address these challenges, including increasing budget allocations, conducting regular training for Prosecutorial Intelligence staff, and providing adequate supporting facilities to enhance the effectiveness of corruption investigations.]]>
<![CDATA[Enforcement Of Regional Regulation Number 2 Of 2020 Concerning Public Order And Community Peace ]]>
<![CDATA[Rasmaladewi]]>;
<![CDATA[Rizki Mustika Suhartono]]>;
<![CDATA[Hadi Supriyanto]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5583
<![CDATA[To foster stability, order, and peaceful conditions in society, as well as to instill a sense of discipline and habitual behavior among individuals in South Buton Regency, the South Buton Regency Regional Regulation Number 2 of 2020 concerning Public Order and Community Peace was established. This regulation underscores the significance of community participation in enhancing various aspects of life, including knowledge, economy, social structures, environment, and politics. Active engagement from all members of society is essential in creating a safe and comfortable environment. However, the effectiveness of this regulation is hampered by the lack of public awareness and understanding, primarily due to insufficient dissemination of information. As a result, many community members are unaware that they may be violating the regulation, leading to inadvertent non-compliance. The absence of proper socialization efforts from relevant authorities means that the public does not receive necessary information or warnings about the prohibitions outlined in the regulation. This gap in communication and education is a critical factor contributing to the lack of adherence to the regulation and underscores the need for more robust public outreach and education initiatives. By improving socialization and awareness efforts, the authorities can ensure that the community is better informed, which will enhance compliance and ultimately contribute to a more orderly and peaceful society.]]>
<![CDATA[Central Buton Regent Circular No. 01/54/2023 on the Proudly Made in Indonesia Movement in Goods and Services Procurement to Empower Local SMEs ]]>
<![CDATA[Fajrin Tonny]]>;
<![CDATA[Rizki Mustika S]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v8i2.5679
<![CDATA[In implementing public services, the Government is expected to be able to provide maximum benefits for the welfare of the community. One of the objects that needs to be regulated is government policy in the field of procurement of goods and services. The regional government of Central Buton Regency has made efforts to increase the empowerment of micro business actors and small business actors and cooperatives as one of the policies ordered by Presidential Regulation Number 12 of 2021 concerning amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods/Services . Central Buton district government policy also encourages the use of Marketplaces and Electronic Catalogs, including national catalogs, sectoral catalogs and local catalogs. In writing, the regional government of Central Buton Regency issued several policies which are contained in regulations through Circular Letter number 54/01/2023 concerning the National Movement Proudly Made in Indonesia in the Procurement of Goods and Services within the Government of Central Buton Regency.]]>
