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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
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Articles 5 Documents
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Search results for , issue "Vol. 9 No. 1 (2024): DECEMBER" : 5 Documents clear
Enhancing The Role Of Government Internal Supervisory Apparatus (APIP) In Corruption Prevention: A Case Study Of Halmahera Selatan Regency Abd. Wahab, Muhammad Zaki; Malik, Faissal; Rumkel, Nam
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Corruption significantly threatens state financial stability and governance integrity. This study explores optimizing the role of the Government Internal Supervisory Apparatus (Aparatur Pengawasan Intern Pemerintah, APIP) in preventing corruption in Halmahera Selatan Regency. It aims to analyze APIP’s effectiveness and identify challenges in fulfilling its supervisory role. A combined juridical-normative and juridical-empirical approach was applied. The juridical-normative method analyzed legal frameworks, including laws and policies regulating APIP’s role. The juridical-empirical approach involved primary data collection through interviews with APIP officials and regional government representatives, complemented by secondary data from literature and case studies. Qualitative analysis was conducted to identify key patterns and insights. Findings indicate that APIP’s role in corruption prevention is limited by weak institutional independence, inadequate budget allocation, and low human resource competency. These constraints reduce its ability to perform effective oversight. The study recommends institutional reforms to strengthen APIP’s independence, increase budget allocations, and provide continuous training for personnel. These measures are crucial for effective corruption prevention and fostering transparent and accountable governance at the regional level.
Restorative Justice Policy Model in the Future of Criminal Law Rudini Hasyim, Rado; Nia Betaubun, Restu Monika; B. Rahail, Emiliana
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.5124

Abstract

Restorative justice as a constructive, creative, self-determined action with assistance and open opportunities for group involvement. Peaceful resolution of criminal cases using this mechanism has even been a local wisdom in various regions and customary laws in Indonesia which aims to resolve conflicts, restore balance and bring a sense of peace. As a cultural manifestation, the restorative justice approach should also be realised in practice through the criminal justice system, which has so far seemed rigid. This research focuses on the restorative justice policy model in the future of criminal law. This research is classified as qualitative research with empirical juridical and normative juridical methods oriented to the statutory approach and conceptual approach. This research concludes that restorative justice is a necessity because in addition to international challenges and obligations, it has also become a national trend in the future of criminal law, especially through the New Criminal Code which contains mechanisms for restoring victims’ rights, penal mediation, diversion, supervision punishment and judicial pardon. These mechanisms can operate in various models of informal mediation, traditional village or tribal moots, victim-offender mediation, and reparation negotiation programmes.
Model for Fulfilling the Right to Work for Persons with Disabilities as an Effort to Protect the Law Asriadi, darmawati; Zainuddin, Asriadi
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.6696

Abstract

The issue of fulfilling the rights of people with disabilities is still being discussed today. People with disabilities are often considered as citizens of society who are unable to carry out their duties and responsibilities so that they are sometimes not accepted in the world of work and their rights are often ignored. It is not uncommon for people with disabilities to also have limitations in accessing education due to limited SLB, infrastructure and accessibility for them. This phenomenon is starting to receive attention, especially in Gorontalo Province. The purpose of this study is to find out and analyze the implementation of the fulfillment of work for people with disabilities in Gorontalo Province and find the ideal concept of fulfilling the right to work for people with disabilities. The approach used is a empirical approach with data collection sourced from interviews, questionnaire distribution, literature searches through books, journals, and online media. The results of the study show that the fulfillment of the right to work for people with disabilities has not fully run as expected because it is caused by several factors including discrimination problems, difficulty in obtaining jobs due to the limitations of education and the abilities they have, accessibility and supporting facilities for the fulfillment of the right to education are still limited. The ideal concept of fulfilling the right to work for persons with disabilities is carried out by strengthening the policy framework, strengthening the private sector and the capacity of persons with disabilities and changing the perspective of the public regarding persons with disabilities.
Juridical Analysis Of The Settlement Of Disputes Over Multiple Ownership Of Land Assets Of The Army In Indonesia SULAIMAN; Angga Busra Lesmana
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.6869

Abstract

This research analyzes the resolution of multiple ownership disputes over Army asset land, which is often a source of agrarian conflict in Indonesia. By using the juridical-empirical method, which combines normative legal analysis with practical observations in the field. Statute Approach and case approach. This research aims to identify the factors causing the emergence of two certificates on one land parcel issued by the National Land Agency, as well as its legal impact. The results show that economic factors, abuse of position, and inappropriate land use are the main causes. Legal consequences include legal uncertainty, economic loss, and certificate cancellation. The research recommends resolution through mediation, consultation and more effective litigation mechanisms to ensure justice and legal certainty.
Regional Heads’ Legitimacy in Implementing the Regional Government Based on Democratic Principles Enggarani, Nuria Siswi; Spaltan, Bita Gadsia; Setiawati, Diana; Zuhdi, Syaifuddin; Farid, Achmad Miftah; Budiono, Arief
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.7086

Abstract

The concept of regional autonomy is explicitly regulated in Article 18 of the 1945 Constitution and several related laws and regulations which essentially provide authority and flexibility for provincial, district and city governments to regulate and manage their own government affairs according to the principles of autonomy and assignment tasks including the implementation of regional head elections carried out democratically. In the implementation of regional government, elected regional heads must also be able to realize the principles of democracy and must be able to run effective and responsive regional government to the needs of the community, must not deviate from moral norms and deviate from democratic principles. The problem in this study is How is the Legitimacy of Regional Heads in the Implementation of Regional Government in Accordance with the Principles of Democracy. This study uses an empirical legal method, namely in addition to reviewing data through literature, it also reviews data on events that actually occur through observation activities and so on. The purpose of this study is to analyze legislation and examine cases that have occurred in Indonesia regarding the legitimacy of regional heads in the implementation of regional government in accordance with democratic principles. The conclusion of this study is that based on the analysis of several laws regarding regional heads in the implementation of regional government and based on the analysis of cases of regional heads in leading regional government, they are not yet legitimate and are not in accordance with the principles of democracy

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