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
Articles
246 Documents
<![CDATA[The role of village community empowerment institution in Galanti village development of Buton district ]]>
<![CDATA[Indah Kusuma Dewi]]>
<![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.v4i1.406
<![CDATA[The village plays an important role in national development not only because most of the people of Indonesia reside in the village, but the village contributes greatly in creating national stability. The purpose of this study was to determine how the role of social institutions and to find out what factors hampered the role of social institutions in developing Galanti Village. The method in this study is juridical empirical, which clearly distinguishes facts from norms, views legal phenomena must be purely empirical, namely social facts, using empirical science methods (qualitative methods or quantitative methods and value-free. The results of the study indicate that the development of villages in Galanti Village can run well according to the Village Medium Term Development Plan. As for the factors that hamper the role of the Galanti Village Community Empowerment Institution is the lack of human resources in developing productive businesses, the lack of knowledge of business groups that have formed in the villages in developing his group's activities and lack of understanding in carrying out their tasks and functions, besides the lack of public knowledge in utilizing various potential local economic development as an alternative effort to increase their income and welfare.]]>
<![CDATA[Settlement of criminal matters through Malay customary institutions with the concept of restorative justice in Lipat Kain Kampar Kiri of Kampar regency ]]>
<![CDATA[Elmayanti Elmayanti]]>;
<![CDATA[Evi Deliana]]>;
<![CDATA[Nurahim Rasudin]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.417
<![CDATA[Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.]]>
<![CDATA[Election violation and election law enforcement in general election in Indonesia ]]>
<![CDATA[Syailendra Anantya Prawira]]>
<![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.v4i1.424
<![CDATA[General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution". The Formulation Document that will be formulated in the research are: (1) What is the violation in the general election? And (2) What is law enforcement in general election. The method used in this study is normative legal research, normative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material. Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations. The enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system. The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.]]>
<![CDATA[Implementation of the recognition and respect of the Dayak Iban Semunying customary law community in human rights and SDGs ]]>
<![CDATA[Sandy Kurnia Christmas]]>;
<![CDATA[Ichsan Muhajir]]>;
<![CDATA[Imam Wicaksono]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.427
<![CDATA[Weak implementation of the recognition and respect for Indigenous Peoples of Iban Semunying be problems related to their discriminatory practices in running a government policy. Why is the implementation of the recognition and respect for the Indigenous People of Dayak Iban Semunying still weak and how the principles of human rights and the Sustainable Development Goals are the two issues raised in this article. In this study it aims to find out what are the things that form the basis of the weak protection of indigenous peoples. The results of this study are expected to provide insight into the protection of the rights of indigenous peoples with a perspective of sustainable development goals.]]>
<![CDATA[A Reconstruction of the Civil Code Article Based on the Value of Contractual Justice ]]>
<![CDATA[Dardiri Hasyim]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.428
<![CDATA[Justice contracts is essentially the fulfillment of rights and obligations in line with the principle of proportionality by observing the contract process from start to finish. The value of fairness in Contracting is: first, the principle of proportionality, where it governs the exchange of rights and obligations of the parties in accordance with proportion or part thereof; second, the principle of consensualism, in which it governs the agreement of both sides. The agreement is a conformity between the will and the statements made by the parties, so that legally an agreement can be held accountable; and third, the principle of freedom, in which it governs the freedom of a person in making a contract accompanied by good faith. Meanwhile, there are 9 (nine) chapters in the book III Civil Code of the partnership requiring the reconstruction of chapters.]]>
<![CDATA[Legal review of procurement authorization of the imported fresh food, fruit and vegetable ]]>
<![CDATA[Yeni Haerani]]>;
<![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.v4i1.429
<![CDATA[Fresh food products imported fruits and vegetables in circulation that do not meet the requirements in accordance with statutory regulations can endanger human safety because food security is not guaranteed. The existence of a marketing authorization and supervision of imported fresh fruit and vegetable food products is needed to maintain food security. The research method used is the normative legal research method that is the legal research method of literature with the method used to examine existing library materials related to the object examined by the regulatory approach (statue approach). The results showed that before the imported fresh fruits & vegetables food products were circulated, they had to go through several quarantine measures or inspections. After passing the test, they would get a distribution permit for fresh food products along with the registration number on the imported fruit & vegetable label. If the distribution permit for fresh food products is ignored by business actors, they will be subject to criminal and administrative sanctions. The purpose of supervision is to provide protection to consumers and prevent the circulation of imported fresh fruit and vegetable food products that can endanger consumers' health. Keywords: Distribution Permit; Fresh Fruit and Vegetable Products; Consumer Protection]]>
<![CDATA[State relations, human rights and welfare: criticism of trade standardization goods and services ]]>
<![CDATA[Suwardi Suwardi]]>
<![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.v4i1.448
<![CDATA[Trade is the main driver of development carried out to advance the general welfare as the goal of the country. The state as the executor of economic sovereignty is required to regulate the implementation of trade with due regard for human rights, including the right to obtain welfare. Law No. 7 of 2014 concerning Trade in force currently contains immoral material, namely provisions regarding the standardization of goods and services, as well as provisions concerning criminal acts related to the standardization. For this reason, it is necessary for the politics of legal development to amend trade laws by not including norms of standardization obligations, and to eliminate criminal threats for trading activities.]]>
<![CDATA[Students and terrorism: Study of Student Understanding Law No 5 of 2018 on Combatation of Criminal Acts of Terrorism in IAIN Surakarta ]]>
<![CDATA[Lukman Harahap]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.449
<![CDATA[This article aims to know in real student's understanding of Law No. 5 of year 2018 on combating criminal acts of terrorism. The data collection techniques used in this study use interviews, observations and documentation. Meanwhile the analysis used in this research is a qualitative descriptive. Simultaneous, planned and integrated aspects of prevention need to forward to minimize the occurrence of criminal acts of terrorism. The optimal prevention is done by involving ministries or related institutions as well as all components of the nation through the efforts of national preparedness, counter radicalisation, and deradicalisation coordinated by the National Management Agency Terrorism. To optimize the eradication of criminal acts of terrorism, it is necessary to strengthen institutional functions, especially the coordination functions held with the National Agency for Terrorism counter following its oversight mechanisms. While it relates to the eradication of criminal acts of terrorism in Indonesia is not merely a matter of law and law enforcement but it is also a social, cultural, economic problem closely related to the issue of national resilience So that policies and precautions and pemberantasannyapun are aimed at maintaining balance in the obligation to protect the sovereignty of the State, the rights of victims and witnesses, and the rights of suspects/defendants.]]>
<![CDATA[Analysis of indigenous community conflicts on illegal mining in Botak mountain of Buru district ]]>
<![CDATA[Laode Alimin]]>
<![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.v4i1.451
<![CDATA[The results of the study by the authors of the analysis that there are found 4 factors that influence the occurrence of conflict in the area of Buru Regency mountain gold mining bald. First, there is a struggle for mining land between indigenous peoples. Secondly, indigenous peoples claim land ownership over their customary rights. third, Conflict Policy from the government towards the closure of Mining in the bald mountain area. Of the 3 factors, this is the stage in the problem in the bald mountain until the conflict from the real gold mining is found open until now. The instructions from the Buru Regency Regent followed up by issuing the Regent Instruction Number 1 of 2012 concerning the handling of social disasters as a result of the management of illegal gold mining on Mount Bald in Buru Regency. In this case, in order to follow up on the policy, the two Instructions by the Regional Government agencies along with the Security Apparatus from the TNI and POLRI conducted sweeping in the illegal gold mining area on bald mountain.]]>
<![CDATA[Analysis of the right to reply as case settlement in press release ]]>
<![CDATA[Alfan Pathriansyah Masagala]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.475
<![CDATA[Freedom of the press is a reflection of a country that adheres to a democratic system. The freedom of the press is based on the 1945 Constitution Article 28. During the reform period through Minister Yunus Yosfiah the legalization of Law No. 40 of 1999 concerning the Press replaces Law No. 21 of 1982 amendment to Law No. 11 of 1966 concerning the Principal Provisions of the Press. The right of reply is a form of press freedom which is the settlement of a case if there is a problem in press reporting. Problem Formulation 1) How is the application of the Right to Answer as a case resolution in press reporting? 2) Why is the Right of Reply as the settlement of the case in press reporting less effective? The research method used is a normative juridical method. The conclusion of this study is that the Right to Answer has been set since Law No. 11 of 1966 concerning the provisions of the Press to Law No. 40 of 1999 concerning the Press, the Right of Reply in more detail is regulated in Press Council Regulation No. 9/regulation-DP/X/2008 concerning Guidelines for the Right to Reply. In reality the Right of Reply is not effective as a settlement of a case in a press release due to lack of regulatory substance in the Right of Reply. Right of reply is only seen as a settlement of cases in the realm of Ethics]]>
