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[Legal Protection of Ikat-Pahikung Woven Fabric Motifs in East Sumba Regency ]]>
<![CDATA[Rambu Susanti Mila Maramba]]>;
<![CDATA[Rambu Hada Indah]]>;
<![CDATA[Pajaru Lombu]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1585
<![CDATA[Ikat weaving has been a source of employment, an important livelihood for the family and is widely recognized for a long time. One of the problems, in the last five years, has been the influx of "fake" ikat and even ikat textiles from outside East Sumba, which increasingly pushes the original ikat on the island of Sumba. There have been many "imitation" ikat weavings that use the original Sumba motif from the island of Java, forexample; Jepara, Pekalongan, Klaten, and other weaving clusters on the island of Java. This fact has implications for issues of performance, competitiveness, and sustainability of the ikat industry in East Sumba Regency which greatly impacts on the sources of employment and livelihoods of the local community. Therefore, this research will analyze the legal protection of the ikat-pahikung woven fabric motif in East Sumba Regency. This research is conducted by using field research (Empirical Research), which is to go directly to the field to conduct research using the Legal Sociology Approach, which is to examine and understand social phenomena in society to see the existing legal facts.]]>
<![CDATA[The Application of The Principle of Openness in Realizing Good Governance ]]>
<![CDATA[Abdul Rauf]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1586
<![CDATA[The essence of good governance is a government that includes all levels of society in the design of development in a transparent and responsible, effective and fair, and ensure the implementation of the rule of law. The purpose of this research is to find out how to apply the principle of openness in realizing good governance, using normative juridical research methods, namely discussing theories and laws and regulations related to the principle of openness in the implementation of governance systems. The results showed that the application of the principle of openness in the governance system can be realized by involving the participation of the community starting from the process of policy formulation, monitoring to the evaluation of government activities or activities. The community as a mandate to the government has the right to exercise supervision or control over the administration of government. However, effective control can only be implemented if governance takes place transparently based on the principle of openness.]]>
<![CDATA[Business Actors Accountability Model in The Criminal Act of Illegal Logging in Bima NTB ]]>
<![CDATA[Andriadin Andriadin]]>;
<![CDATA[Absori Absori]]>;
<![CDATA[Wardah Yuspin]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1605
<![CDATA[The phenomenal of forest destruction in Bima NTB is motivated by various factors, including agricultural factors, policy factors and inter-regional timber trade systems, business development and timber trade is carried out in unlawful ways such as falsification of forest product documents, logging and timber management without a permit. The purpose of this study is to find out the general description of illegal logging crimes in Bima, prevention efforts and the model of accountability for business actors involved in illegal logging crimes in Bima. The method used in this research is empirical legal research with a socio-legal approach and a case approach (legal approach). Types and sources of data in the form of primary data and secondary data. The results of this study indicate that the model of responsibility imposed on business actors who carry out illegal logging, transportation and processing of wood, in the form of imprisonment and additional penalties, if unable to pay the tax, it will be replaced with imprisonment. This can be seen in the decision of the Raba Bima District Court with the number: 231/Pid. B/LH/2020/PN RBI dated 17 June 2020 in the first alternative indictment the Raba Bima District Court sentenced the defendant TF for violating the provisions of chapter 88 verse 1 letter a Jo. Chapter 16 of law no. 18 of 2013 concerning the prevention and eradication of forest destruction.]]>
<![CDATA[Legal Analysis of the Establishment of a Special Electoral Court as an Independent State Institution ]]>
<![CDATA[L.M. Ricard Zeldi Putra]]>;
<![CDATA[La Ode Muhram]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1606
<![CDATA[Article 24 of the 1945 Constitution only on structure but not on institutional functions where there are still many institutions/agencies in the government that carry out judicial functions. The regulation has led to the emergence of several independent institutions to carry out judicial functions, one of which is a special election court. The research used is normative research with an approach that focuses on the theoretical approach, the statutory approach, the case approach and is described in a qualitative descriptive form. The special election judiciary as an independent institution that will be formed is again from the law that aspires to, namely an institution that is free from intervention and can carry out judicial functions and disputes over the results of the elections. This special court is under the jurisdiction of the Supreme Court and will take the form of ad hoc. Its authority is to examine and adjudicate disputes over election results.]]>
<![CDATA[Optimization of Social Report as a Consideration of Diversion in The Child Criminal System ]]>
<![CDATA[Rommy Yusuf Hiola]]>;
<![CDATA[Aliyas Aliyas]]>;
<![CDATA[Suardi Rais]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1613
<![CDATA[There is one factor that becomes an obstacle if the child has received the coaching process at the Child Special Guidance Institute (hereinafter referred to as LPKA), namely the existence of "stigmatization" attached to the child so that it does not make it easier for children to socialize. The "Labeling" theory shows that labeling or in other words this stigmatization can damage the future of children where the future is still long. Therefore, the application of imprisonment for children must be an "ultimum remedium" or "the last resort", which means that imprisonment must be the last resort. This is where the diversion function lies as the concept of solving children's problems without going through a trial so that children are not burdened by negative stigma that will be attached to them, but in practice the diversion process often experiences obstacles, one of which is the lack of understanding of law enforcement towards the situation and condition of children, this is because not optimal community research or social reports on children in conflict with the law. The specific purpose of this research is to identify and analyze the factors that cause the non-optimal implementation of social reports on children's cases and to find out the efforts made in maximizing social reporting in an effort to implement diversion in children's cases. The method used in this research is empirical research, namely research with field data as the main data source, such as the results of interviews and observations]]>
<![CDATA[Solution For The Development Of Prisoners In Class III Gorontalo Women's Prison ]]>
<![CDATA[Sumiyati Beddu]]>;
<![CDATA[Darmawati Darmawati]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1628
<![CDATA[The correctional facility is an implementing agency of the criminal system that has a function to foster citizens of correctional development, including in this case women undergoing an obligatory sentence to participate in a whole series of coaching activities in the correctional institution. This paper aims to look at the implementation of this form of guidance and find the right solution related to the problem of guiding prisoners in women's prisons, especially Class III Gorontalo prisons. The results obtained were that the implementation of the existing forms of guidance at the Class III Gorontalo Women's Prison was divided into three stages of coaching, namely the initial stage, the advanced stage and the final stage coaching. To overcome problems in the implementation of coaching women prisoners, synergy is needed between all parties involved, starting from prisoners, correctional officers and related agencies to cooperate with each other in the implementation of training for female prisoners. For this reason, it is necessary to repair and add infrastructure to support coaching activities and to involve officers in prisons through training activities that can support the implementation of coaching. Concerning the handicrafts of prisoners, it is also expected to increase marketing through the media, given the condition of Covid 19 which limits people from being able to interact directly with prisoners in prison]]>
<![CDATA[Obstacles in Applying Local Wisdom to the Government of the Sultanate of Buton in Realizing a Democratic Baubau City Government ]]>
<![CDATA[Rizki Mustika Suhartono]]>;
<![CDATA[Ernawati Ernawati]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v6i1.1712
<![CDATA[This research was conducted to know the cultural influence of the Sultanate of Buton in realizing a democratic Baubau City. This research uses normative research that uses library data or legal materials that are primary and secondary legal materials and tertiary legal materials. Obstacles in applying local wisdom of the government of the Sultanate of Buton in realizing a democratic Baubau City government, namely the tendency of materialism, individualism, elitism and secularism. It is recommended that the cultural values of the people contained in the Binci-binciki Kuli Philosophy (pinch each other will feel the same pain), which includes the principles of equality, equality and justice must be understood, internalized, and applied by all communities who support these values to realize the democratic autonomous regional government of Baubau.]]>
<![CDATA[Analysis of the eradication of terrorism crime by detachment 88 in Indonesia ]]>
<![CDATA[Jayadi Paputungan]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i1.370
<![CDATA[community anxiety about criminal act of the terrorist. Because of that, The Government makes a Substitution Regulation Act No. 1 of 2002. Afterwards, The Government demands Indonesian Police Chief to make Specific Detachment that called Densus 88, to carry out Regulations Act No. 5 of 2018 on the changes to the Act No. 15 of 2003 about “The Determination of Substitute Government Regulations Act No. 1 of 2002 Concerning The Eradication of Criminal Act Terrorism.”. Problem Formulations 1) How Densus 88 eradicates the criminal act terrorism? 2) How the actions form of Densus 88 in terms of human rights side? In fact, Densus 88 is not in accordance with the applicable regulation, the field fact shows that many terrorist suspect suffered injuries and even died and it also against the human rights. The research method used normative juridical method; law is seen as a binding rule. The conclusion of this research is the action taken isn’t appropriate with the threats faced, it is not accordance with the law principle and law basis that should be. In addition, it carries out human rights violations which are harmful for the suspect and the terrorist defendant, then the lack of State responsibilities for things that happened.]]>
<![CDATA[Legal protection against women from domestic violence in the Baubau City ]]>
<![CDATA[La Gurusi]]>;
<![CDATA[Edy Nurcahyo]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i1.372
<![CDATA[The fenomenon of domestic violence, especially against women, becomes a serious social problem. Law enforcement is required in order to eliminate domestic violence. The purpose of this study is to find out how the form of legal protection against women as victims of violence in households and to know what factors affect the occurrence of violence in the household. This research method using normative law research method. The data used is secondary data from the Baubau city resort police in 2017. Data were analysis using qualitative analysis. The results of the study indicate that the form of legal protection against women as victims of violence in households is the protection of preventive and repressive law. In two forms of legal protection, preventive law protection is more dominant than repressive.]]>
<![CDATA[Access to justice for people with disabilities in employment ]]>
<![CDATA[Imam Wicaksono]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i1.402
<![CDATA[Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of normative law research using normative legal case studies in the form of legal behavior products. Persons with disabilities must receive the support needed in the structure of education, health, employment and social services, so that the rights of persons with disabilities are in the perspective of human rights. Normatively, there are actually several legal instruments that have been born to protect the rights of persons with disabilities to work. Law No. 13 of 2003 concerning Employment which forbids discrimination to persons with disabilities The right of persons with disabilities to obtain accessibility contained in Article 18 of Law No.8 / 2016 concerning Persons with Disabilities, namely, obtaining accessibility to utilize public facilities and obtain adequate accommodation as a form of accessibility for individuals.]]>
