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 246 Documents
 11   12   13   14   15 
Juridical-Sociological study of land pawn : a normative study in Patilanggio district Nasrullah Nasrullah
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.701

Abstract

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
Online trade marketing techniques through giveaway as one of the guise of fraud IIdha Pratiwi Dyah Sinta Dewi; Pujiyono Pujiyono
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.780

Abstract

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.
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.
Effectiveness to the reversal of the burden proof system in handling corruption case Deddy Mursanto; La Ode Muhammad Karim; Mashendra Mashendra
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.863

Abstract

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.
Juridical review of the authority of the Indonesian consultative assembly after the amendments to the 1945 constitution Yudin Yunus
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.895

Abstract

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
Mechanism for collective property sharing in mixed marriage Siti Alfisyahrin Lasori
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.896

Abstract

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.
The effectiveness of the implementation of diversion on children who conflict with the law at the level of the state court in gorontalo province Muhammad Rizal Lampatta; Herlina Sulaiman
Jurnal Hukum Volkgeist Vol 5 No 1 (2020): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v5i1.897

Abstract

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.

Page 13 of 25 | Total Record : 246

 11   12   13   14   15 

Filter by Year

2016 2025


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