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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
Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County Bakri Sulaiman; Abrar Saleng; Kahar Lahae
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.v5i2.1203

Abstract

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.
The efficacy of law enforcement in the Tolaki Mekongga Indigenous Law Community's adultery (Umoapi) resolution process Hasdin Yadin; Haeranah Haeranah; Hijra Adhiyanti Mirzana
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1275

Abstract

The purpose of this study is to ascertain and analyze the mechanism for resolving the crime of adultery (Umoapi) in the Tolaki Mekongga customary law community, as well as the efficacy of law enforcement in resolving the crime of adultery (Umoapi). The research method utilized is empirical, with data gathering approaches including interviews, questionnaires, and document studies, in which data are extracted directly from documents containing information about the study topics, such as laws and regulations, books, and journals. The findings indicated that (1) the mechanism for resolving adultery (Umoapi) in the Tolaki Mekongga customary law community was through the imposition of customary penalties by customary speakers (tolea), and (2) law enforcement was successful in resolving adultery (Umoapi) in the community. Tolaki Mekongga customary law is influenced by elements like as law, law enforcement, facilities and infrastructure, community, and cultural influences.
Child Friendly Village Program as an Effort to Prevent Crimes of Violence against Children in Temusai Village, Siak Regency Elmayanti Elmayanti; Evi Deliana; Mukhlis R
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1321

Abstract

Kampung Temusai has been designated as a village worthy of children designated by the Bungaraya District. The formulation of the problem in this study is, what are the forms of child-friendly village programs as an effort to prevent child abuse in Temusai village and what are the factors that become obstacles in the implementation of the child-friendly village program and what are the efforts done in coming these obstacles. This research was conducted in Temusai Village. This type of research is sociological juridical with an emphasis on field research. The sociological juridical approach is carried out because the problems studied revolve around how the law applies in society. Judging from its nature, this research is descriptive, because it intends to describe the reality clearly and systematically. The Child Friendly Village Program that has been carried out in Temusai Village is the Community-Based Integrated Child Protection Campaign (PATBM), Maghrib study Program, Collaboration and coordination with various parties in supporting the Child Friendly District Program (KRA). The factors that become obstacles in implementing the child-friendly village program in Temusai village are Lack of Professional Human Resources, Limited technical guidance, Limited budget in running existing programs, Lack of supporting facilities and infrastructure for the Child Friendly Village Program and Lack of awareness community in supporting the Child Friendly Village program. Efforts made to overcome obstacles in the implementation is Coordinating with the local government regarding the budget which is still very minimal,
Analysis of Government Policies in Structuring State Owned Corporation Through The Formation of Holding Companies Ahmad Ishak; Aminuddin Ilmar; Winner Sitorus
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1322

Abstract

The legality of establishing a BUMN holding company is only based on Government Regulation Number 72 of 2016 concerning procedures for Equity Participation and Administration of State Capital in BUMN and Limited Liability Company, as an amendment to Government Regulation Number 44 of 2005 has not been fully comply with the principle of coherence with the above regulations namely Law Number 17 of 2003 concerning State Finance, Law Number 19 of 2003 concerning BUMN and Law Number 40 of 2007 concerning Limited Liability Companies. The purpose of this study is to find a concept of regulation and supervision the government on SOEs related to holding companies This research is normative with a statute approach and a conceptual approach. The results in this study are the need for legal reconstruction in BUMN where a law is needed that is central to regulate holding companies in Indonesia, where this law was born to provide related guidelines a mechanism for the formation, selection of the type of holding, and governance of State-Owned Enterprises in the form of Holding Company. The form of supervision on the implementation of BUMN holding in the future can be an integrated monitoring pattern is applied. In this supervision, 3 parties must be involved in a coordinated manner, namely the Parent Company Commissioner, the Supreme Audit Agency (BPK), and the Ministry of SOEs.
Law Enforcement Against Online Fraud Crimes: A Case Study at Police District Area of Wajo Aswar Ardi; M. Said Karim; Haeranah Haeranah
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1390

Abstract

The Internet has brought new realities to every human life, the internet has also changed distance and time to infinity. crimes that often occur in the internet media is fraud on behalf of online businesses in the name of internet media. the purpose of the study was to analyze the barriers in law enforcement against online crimes as well as the effectiveness of law enforcement against online fraud crimes in the wajo police jurisdiction. the type of research used in this study is empirical law research located in wajo police jurisdiction. The results showed that obstacles in law enforcement against online crimes In terms of Personnel or Investigator Aspects, Aspects of Facilities and Infrastructure, Budget Aspects, and Community Aspects while the effectiveness of law enforcement against online fraud crimes in the Wajo Police Jurisdiction is 1) substance that in the law enforcement system needs to take decisive action or see the legal basis of the criminal, and the basis of law enforcement to optimize and maximize its performance is the legal basis of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on information and electronic transactions Article 28 paragraph (1) and Article 378 in the Criminal Code, and Article 390 of the Criminal Code and law enforcement that is before the investigation, certain crimes have been known but the crime is not yet clear and it is not yet known who did it.
Supervision System for the Management of Regional Revenue and Expenditure Budgets in Makassar City Ernita Rahmadhani Bym; Andi Pangerang Moenta; Zulkifli Aspan
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1391

Abstract

This study aims to analyze the system and mechanism of supervision of the management of the APBD and the form of implementation of the supervision of the management of the APBD in Makassar City. This research was conducted using empirical normative research methods. The data collection technique used is in the form of field research by interviewing related parties and conducting library research. The results showed that the supervision carried out by the DPRD and the Makassar City Inspectorate had not run optimally due to the many shortcomings in the supervision process. The form of implementation of supervision has been carried out well, however, there were many problems found because there were several individuals who made administrative errors such as delays in providing data.
The Role of Badan National Narcotics (BNN) in Conducting Law Enforcement and Drug Users Yudin Yunus; Siti Alfisyahrin Lasori
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1420

Abstract

Law No. 35 of 2009 on Narcotics in which it is regulated as well as legal sanctions, as well as things that are allowed. The purpose of this study is to understand and understand the implementation of the Role of the National Narcotics Agency (BNN) towards the Implementation of Drug Abuse Rehabilitation in The City of Gorontalo and to find out the Factors That Hinder the Implementation of Rehabilitation of Victims of Narcotics Abuse by the National Narcotics Agency (BNN). This research uses this type of empirical legal research. The results of this study show that the Role of the National Narcotics Agency (BNN) against victims of narcotics abuse by the National Narcotics Agency (BNN) is the first is to prevent, cure, socialize socialization carried out by the city of gorontalo to the community is still very less this is influenced by the budget of the state budget that does not accumulate and factors that hinder the implementation of rehabilitation of victims of narcotics abuse by the National Narcotics Agency (BNN) is harmonization of agencies must be achieved Budget constraints, low role and lack of facilities and infrastructure and lack of socialization. there are things that can hinder others but do not have significant impact as in the factors found if not met will slow the performance of law enforcement. The advice in this study is that the BNN Party maximizes socialization to the community because of the three roles of BNN socialization that has not run optimally and advice for the community and local governments and students can participate in drug eradication to achieve superior human resources.
Juridical Analysis of The Application of Diversion in Child Crime Cases to Realize Restorative Justice at The Court Level La Gurusi
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1462

Abstract

The problem to be investigated is how the application of diversion in realizing Restorative Justice at the Pasarwajo District Court level and the obstacles to the application of Diversion in realizing Restorative Justice at the Pasarwajo District Court level. The objectives and benefits to be achieved in this study are to find out how the application of Diversion in realizing Restorative Justice at the Pasarwajo District Court level and can help and provide input and additional knowledge for parties related to the problems studied. This research is an empirical juridical research that uses primary data as its study material. The result of this research is that the application of Diversion in realizing Restorative Justice at the Pasarwajo District Court still has obstacles.
Soil Exploitation and Environmental Impacts of Brick Making in Wasur 2 Merauke Regency Zegovia Parera
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1537

Abstract

Merauke Regency is a coastal area with muddy soil conditions. sand and gravel materials, because of these conditions the community and housing business actors use red bricks as material for development in Merauke district which is currently being carried out in all sectors of life, especially building and housing construction. This research was conducted to determine the process of mining soil for the brick-making process and the impact of mining on the surrounding physical environment. How is the environmental permit granted by the Government for the exploitation of brick-making land and how is the Merauke Regency Government's supervision of mining. From the results of this study, it can be concluded that, the brick mining process carried out by brick craftsmen in Wasur 2 does not have a production permit from the relevant Government Agencies and there is no environmental study from the Merauke Regency Environmental Agency and there is no regular supervision from the Government. and the Environment Agency of Merauke Regency so that land exploitation activities are still ongoing which will have an impact on soil degradation and environmental damage and can cause a decrease in the function of top soil which is rich in nutrients as a function of land cover vegetation which can change the structure of the soil and the area. will become increasingly dry and unproductive.
Legal Protection for unregistered citizen at Healthcare and Social Security Agency (BPJS) Andi Nur Awaliah Ramadhani; Zulkifli Aspan; Muh. Hasrul
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1548

Abstract

Despite the reality that the JKN program is necessary for all Indonesian residents, there are still individuals who have not enrolled as JKN members. The purpose of this research is to evaluate and explain the application of individual health services and the government's impediments to citizens receiving legal protection under the BPJS health health social security system. The research approach adopted is one of normative legal research. A descriptive legal approach was adopted in the assessment process. According to the findings of this study, the application of individual health services in the framework of legal protection for people who are not enrolled in the BPJS Health social security system is restricted to the supply of health facilities. The state does not offer legal protection in the form of duty for delivering health care, because individuals who are not enrolled as BPJS Health participants will be registered as general patients, requiring them to pay for treatments individually or through private insurance. While the idea of BPJS Health as given in the BPJS Law requires everyone to register for BPJS Health, BPJS Health still has several inadequacies, which causes some individuals to be hesitant and unwilling to register as BPJS Health participants. The government cannot claim that the lack of legal protection in health services is the responsibility of those who do not register as BPJS Health participants, because this is a result or implication of the numerous deficiencies in health services that continue to employ BPJS Health.