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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246 Documents
<![CDATA[Price agreement and market provision between principal and distributor in the constitution no. 5, 1999 ]]>
<![CDATA[Ria Permata Sukma]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.121
<![CDATA[Market structure is one of the things that determines potential occurance of price fixing. Market characteristics with large entry barriers for newcomers causing difficulties for competitors to enter so that there are no substitutes. Distributor is one of the business actors namely a national trading company that acts for and in its own name based on an agreement with the principal to make purchases, storage, sales and marketing of goods and/or services. There are pricing activities in business activities carried out by distributors with their networks in controlled markets, so the main issue in this study is whether the pricing is included in the price fixing agreement which is prohibited by the Law Prohibition of Monopolistic Practices and Unfair Business Competition. The approach used to analyze the problem is statute and conceptual approach to examine and find legal concepts that are relevant to the issues raised, thus finding a way out and produce solution for business actors to become more competitive and avoid anti-competitive behavior.business competition, price fixing, market share, distributors, principals]]>
<![CDATA[Legal law and principles in the credit in banking ]]>
<![CDATA[Mega Mustika]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.122
<![CDATA[In lending from banks to the public for financing purposes, each bank is required to implement the principle of prudence. The formulation of the problem in the research is how to apply the law and the principle of prudence in anticipating the occurrence of bad credit. This study aims to find conformity in the law and the practice of applying the precautionary principle. This research is normative research, using the statutory approach. In this study using legal materials to conduct analysis in the form of primary legal materials, tertiary legal materials or non-legal legal materials and analyzed using descriptive methods. The results of the study indicate that the application of the prudential banking principle in granting credit can be interpreted as the principle applied by the bank in carrying out its business, so that it is always in accordance with applicable banking provisions, in order to avoid irregularities in unhealthy banking practices and to minimize losses incurred on banks such as bad credit.prudential principle; bad credit; banking]]>
<![CDATA[Legal analysis of the application of raw clause in an agreement ]]>
<![CDATA[Rustam Rustam]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.123
<![CDATA[The standard agreement for its existence is recognized in trade traffic and has become a habit and need of the community. juridically but the standard agreement does not realize the principle of freedom of contract in full. Because consumers to obtain goods or services needed only have two choices, namely accepting or rejecting the standard agreement. While the principle of freedom of contract prioritizes the freedom and equality of every human being. the principle of freedom of contract also implies that the community has the freedom to make agreements in accordance with their respective interests. The principle of freedom of contract is a principle that gives every person the freedom to make or not make an agreement, make an agreement with anyone, determine the contents of the agreement, the implementation and requirements and determine the form of the agreement, namely written or oral. In general, the form of legal protection against the implementation of the standard agreement has been regulated in Article 18 of Law Number 8 of 1999 concerning consumer protection. The regulation is to provide legal certainty to all the needs of consumers / debtors and to defend their rights if they are harmed by business actors especially in the implementation or implementation of standard agreements.]]>
<![CDATA[Devotional response that arises in the agreement between the captain gold driver with the TPI grab's participants ]]>
<![CDATA[Hishom Prastyo Akbar]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.124
<![CDATA[The emergence of the phenomenon of Taxi Online / Motorized Vehicles Not in Route Like the welcome for consumers of financial institutions, especially the ease of procession of registering vehicles for online taxis certainly adds to the passion of the community to run this business, unfortunately not only the benefits that may be obtained by financial institutions business activists consumers but also risks, Bisnis Taxi Online as the application seller does not require registration of vehicle status in detail, regarding whether the vehicle registered is an object of fiduciary guarantee or not. Responding to the need for a vehicle with a secure credit system, Grab as one of the giant companies in online transportation mode, has raised / collaborated with companies known as Indonesian Transportation Technology / TPI Preferred Grab's Partner, as a driver / driver business partner by offering ease of ownership vehicles for taxi purposes online through the Gold Captain program.]]>
<![CDATA[Criminal law policy about KPK authorities in the perspective of criminal action in corruption in Indonesia ]]>
<![CDATA[Ilham Ilham]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.125
<![CDATA[Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..]]>
<![CDATA[Legal review of the implementation of work safety and health atpt multi nabatimaleo unit, pohuwato district ]]>
<![CDATA[Herlina Sulaiman]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.126
<![CDATA[Implementation of Occupational Safety and Health at PT. Multi Nabati Unit Maleo is done by Enviromental Unit, Health and Safety. EHS is a policy applied by PT Multi Nabati Unit Maleo in providing protection for the safety and health of its workers. EHS is a direct handle or the first handle if there is an accident and also work to make preventive efforts to prevent accidents. In addition, the company develops the health and work safety management system (SMK3 & L). The efforts undertaken by PT Multi Nabati To reduce the risk of occupational accidents by applying: Engineering (engineering), Administration (administration) and Labor must use APD (Personal protective equipment).]]>
<![CDATA[Legal aspects of changes in the calculation of the marisa national saving banks of marisa branch interest calculation methods ]]>
<![CDATA[Nasrullah Nasrullah]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.127
<![CDATA[Banks as legal entities must also pursue profits. And one source of bank income is the interest on loan loans that have been channeled to customers. And if the bank's revenue target is threatened because the value of the rupiah weakens or floats, the bank is basically allowed to raise lending rates as long as it does not exceed the limit set by the government in this case the Financial Services Authority ... But the facts that occur in this case are not in context changes or adjustments in loan interest rates with rupiah value. But the change in the method of calculating credit interest rates from the type of effective calculation becomes an annuity calculation. So that changes in the method of calculating interest rates should not be done without an agreement from both parties.The Marisa Branch National Pension Savings Bank has carried out defaults since the first credit agreement, changes to the second credit agreement, and arrived at a change in the third credit agreement for changes in interest rates. Thus, of course this has legal consequences that must be borne by the party who defaults, in this case the National Pension Savings Bank. Then the actions of the bank are included in the category of actions that cause losses to debtors due to default of creditors (BTPN), so that the legal consequences can be by canceling the agreement along with guri change or by fulfilling the agreement accompanied by compensation.]]>
<![CDATA[Reconstruction of law criminal development on victims of restoration as form of renewal Criminal law ]]>
<![CDATA[Muhammad Salam Amrullah]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.128
<![CDATA[The crime of rape carried out by people, experiencing a development in criminal law, the formulation of offenses in the Criminal Code makes the criminal act, does not give a sense of justice to victims where the threat of punishment is relatively small and there are multiple interpretations of legal norms, while victims suffer a psychological loss which makes the victim lose his identity. In addition, the scope of the multi-interpretive criminal reparations is due to the unclear norms which regulate, for example, the category of rape itself. This research is a normative legal research that examines relevant laws and regulations and conceptualizes the law as the norm. From the results of the study found the unclear norms stipulated in article 285 of the Criminal Code, which resulted in the application of law enforcement to victims resulting in legal uncertainty, an increasingly broad category of actions while the legal norms did not specify the actions of the rape, from the results of the research the revision of the Criminal Code as a form of renewal of criminal law specifically article 285..]]>
<![CDATA[The pohuwato resort policy efforts in responding the threating of motor vehicles in the district region ]]>
<![CDATA[Muhammad Rizal Lampatta]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.129
<![CDATA[Efforts are being made to combat criminal acts of theft in the Pohuwato Regional Police jurisdiction, namely through Pre-emptive efforts, preventive measures and repressive efforts. Operations carried out to combat motor vehicle theft, namely: K2YD Patrol (enhanced police activities), competitive Patrols, and Ranmor Patrol. (2) The Constraints Faced by the Police in Addressing Motorized Vehicles In the Pohuwato Regional Police's Legal Area are Internal Constraints consisting of incomplete Facilities and Infrastructures, Interrupted Information Networks, inadequate members of the police in terms of demand, and support for voting. And External Constraints which consist of a lack of evidence and elections, communities that support the Police, and supporting facilities at the crime scene are inadequate.]]>
<![CDATA[An Analysis of The Offense of Unpleasant Action in Article 335 Paragraph (1) of The Indonesian Criminal Code ]]>
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Kusuma Wardani Raharjo]]>;
<![CDATA[Ahmad Ardhiansyah]]>;
<![CDATA[Alip Pamungkas Raharjo]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 5 No 2 (2021): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v5i2.678
<![CDATA[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.]]>
