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Jurnal Hukum Volkgeist
ISSN : 2528360X     EISSN : 26216159     DOI : -
Core Subject : Humanities, Art,
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
Neutrality of Village Heads and Village Officials in Pemilukada in Luwu Regency Asbudi Dwi Saputra
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.v5i1.898

Abstract

The leadership of a Village Head in each village must be able to be a good example and role model for the community. The involvement of the Tirowali village head in Luwu Regency in practical politics in the last 2018 regional head elections is of course contrary to the provisions stipulated in the Law, this is very contrary to his position as a government official who is expected to be neutral in politics. The strategic and significant role of the Election Supervisory Agency, namely how to avoid potential election violations arises by implementing optimal prevention strategies. This study aims to determine the role and function of Bawaslu in carrying out prevention and prosecution of violations of the neutrality of village heads and to determine the factors that affect the credibility of village heads in regional head elections. This study uses a normative legal research method with a case approach which is carried out by examining cases related to the issue of the neutrality of the village head in Luwu Regency, and has become a decision that has permanent legal force. The results of this study indicate that the need to strengthen regulations to give authority to election supervisory agencies to impose sanctions on violations of neutrality in regional head elections, the involvement of village heads in practical politics indicates that government bureaucrats can still be covered by political interests.
Law enforcement on plastic waste pollution in coastal area assessed from article 29 verse (4) law number 18 of 2008 concerning waste management (study in Buton regency of South Sulawesi) La Gurusi
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.v5i1.900

Abstract

This study focuses on the law enforcement process against plastic waste pollution in the Coastal Area of ​​Buton Regency and what factors impose law enforcement on plastic waste pollution in the Coastal Area of ​​Buton Regency. This study uses an empirical research model, namely legal research that analyzes and examines the work of law in society. The work of law in society can be examined through the effectiveness of law enforcement. Location of research on Law Enforcement Against Plastic Waste Pollution in Coastal Areas in View of Article 29 Paragraph (4) of Law Number 18 Year 2008 concerning Waste Management in Wasuemba Village, Pasarwajo District, Buton Regency, Southeast Sulawesi. To solve legal problems in this study, researchers used qualitative analysis. This study found that Enforceability of law is determined by (a) the availability of sanctions that can have a deterrent effect; (b) the availability of 3 (three) types of sanctions, consisting of administrative, criminal and civil sanctions; (c) availability of a public complaint mechanism and its follow-up on violations of rights experienced by the community; (d) availability of a regulatory oversight mechanism against environmental requirements; (e) the availability of special institutions and apparatuses to supervise compliance, investigate, investigate, prosecute, even court.
Law enforcement and eradication of criminal actions of narcotics in Pohuwato district area Herlina Sulaiman; Muhammad Rizal Lampatta
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.v5i1.913

Abstract

Narcotics, as one of the main enemies of the Indonesian nation, has reached an alarming stage. The targets of the dealers are not only adults and the economic community and above, but have also reached children and the economic community downward. This of course requires the role of law enforcement officials in enforcing and eradicating narcotics crime. This study aims to identify and analyze about eradication and law enforcement and its obstacles against narcotics crime in Pohuwato Regency
Settlement of indonesian human rights violations in the past through restorative justice approaches Rosnida Rosnida
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.v5i1.932

Abstract

This paper aimed to identify and analyze the resolution of past gross human rights violations in Indonesia through a restorative justice approach. The type of research used is normative legal research, using a juridical approach, the type of data used is secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials, data analysis used is qualitative analysis. Based on the results of the research, it is concluded that so far the Attorney General has not been proactive in looking for various legal facts that can support the evidence previously presented by Komnas HAM. The Attorney General in cases of gross human rights violations tends to be passive, even though the law instructs him to carry out an investigation as soon as possible after he receives a file from Komnas HAM. So far, Komnas HAM has completed the investigation results files and submitted them to the Attorney General to be followed up in the investigation process. However, the current problem is that the Attorney General's authority in conducting investigations has never been optimal, because it is influenced by various factors, the role of legal instruments; laws and regulations with human resources capacity as well as supporting facilities and facilities, unable to resolve past cases of gross human rights violations, the restorative justice approach is a paradigm that can be used as a framework for resolving cases of past gross human rights violations that aim to address dissatisfaction with the operation of the current human rights justice system.
Trash management policy based on participation of the society Indah Kusuma Dewi
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.v5i1.948

Abstract

The trash problem that is currently happening certainly requires special handling by both the government and the community. If the trash management is not in accordance with the methods and techniques of trash management that are environmentally sound, it is feared that it will get negative impacts such as a decrease in the quality of the environment which will also have an impact on public health. The purpose of this study was to determine how to identify trash management problems in Napa Village, Mawasangka District, Central Buton Regency and to find out how the concept of trash management in Napa Village, Mawasngka District, Central Buton Regency. This type of research is empirical juridical research. The results showed the identification of trash management problems in Napa Village including identification of trash problems in Napa Village, concept of 3 (three) R trash and trash processing methods in Napa Village. The concept of regulating trash management in Napa Village, namely analysis of laws and regulations on trash, philosophical studies of trash in Napa Village, juridical studies of trash in Napa Village, sociological studies of trash in Napa Village, study of direction and scope of trash management arrangements in Napa Village , Academic Manuscripts of Village Regulations on Trash Management in Napa Village and Draft Village Regulations on Trash Management in Napa Village.
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.