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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
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Articles 246 Documents
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The pre-trial application granted in the case of Budi Gunawan Cokky Wijaya Saputra
Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i1.478

Abstract

This study tries to analyze cases that have been experienced by prospective police chief Budi Gunawan (BG) on the application of pre-trial which was considered odd in the event of violations in the verdict given by Sarpin Rizal as chairman of the court. This resulted in the KPK not being able to submit another legal effort to sue again, because the pretrial decision was final and binding on a lawsuit case. The analysis method used in this study is a qualitative research method in which data analysis is carried out in a descriptive manner that refers to a particular problem and is associated with existing legislation, namely: 1) The 1945 Constitution of the Republic of Indonesia; 2) Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP); 3) Law Number 48 of 2009 concerning judicial authority. The collection of legal materials is done by library research. Judge Sarpin Rizaldi's decision reaped many irregularities. The irregularity lies in the decision that does not pay attention to the existence of pretrial as stipulated in the Criminal Procedure Code and legislation relating to corruption.
Juridistic review of law of community awareness in Ulunggolaka village in land registration Patmasari Patmasari
Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i1.495

Abstract

This study aims to determine and analyze the legal awareness of the Ulunggolaka community in registering land and to find out and analyze the causal factors so that there are still ulunggolaka urban communities who do not register land. The research method used is empirical legal research that examines primary data obtained from observations, questionnaires, and interviews. The results of this study indicate that the legal awareness of Ulunggolaka Village community in conducting land registration is still relatively low by referring to the answers of respondents who have given their answers based on four legal awareness indicators, namely: (1) Legal Knowledge, (2) Understanding of the law, (3) ) Legal attitude and (4) Pattern of legal behavior. The causal factor so that there are still ulunggolaka urban communities who do not register their land is based on the low legal awareness of the community of the importance of securing assets (land) by obtaining guarantees and legal certainty so that ownership is not strongest and cannot be disturbed, and besides that the community is unable to meet the requirements that must be completed in carrying out land registration, especially proof of the origin of the land, plus the expensive costs and administrative arrangements that are difficult for the community.
The constitutional court function of the Indonesian state concerning system for the implementation impeachment of the president and/or vice president H Muhamad Rezky Pahlawan MP
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.496

Abstract

Impeachment is an accusation or indictment of the President or another country's high officials from his position. Impeachment is not new in the history of Indonesian constitution, but the change in the Constitution has caused a change in the constitutional system as well as related to the mechanism of the dismissal of the President and / or Vice President. how is the Impeachment reviewed globally, the history of impeachment in Indonesia and the implementation of impeachment in other countries, the impeachment process of the president according to the 1945 Constitution of the Republic of Indonesia. The process of impeachment in Indonesia after changing the constitution goes through three stages, namely impeachment in the House of Representatives, the Court The Constitution, and the People's Consultative Assembly. Keywords: Impeachment, Constitutional Court, Government
The impact of accepting new students with the zoning system on the right to children's education Ganis Vitayanty Noor
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.579

Abstract

Education is a human right. Everyone has the right to receive educational rights without restrictions. Everyone has the right to get the education and level of education they will attend. The government has an education equalization plan with the issuance of the Minister of Education and Culture Regulation No. 14 of 2018. The Minister of Education and Culture mentioned above applies a zoning system. The Minister of Education and Culture does not rule out the possibility of impacts for prospective students who wish to continue their education. The problem is how the impact of the PPDB zoning system on education rights in Kajen Subdistrict, Pekalongan Regency. The approach method used is a sociological juridical approach method. PPDB has positive and negative impacts. According to researchers, PPDB is not in accordance with the right to education of children, due to restrictions, the gap in the quality of learning with the same level of difficulty of the National Examination and the same curriculum that applies nationally. Keywords: education rights, children, impact of zoning
The dynamics of government policy in handling Corona Virus Disease 2019 Nurwita Ismail
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.585

Abstract

The implementation of PSBB or Lockdown still pay attention to the effects caused in the community. Making a regulation is not providing solutions but how to implement existing regulations. With the restrictions on community activities which basically will affect the financial factors. The government is not only thinking about how the country's economic problems the presence of the government is able to embrace all aspirations and give priority to the rights of its citizens. This research method uses a normative research approach. The data used are secondary data from Literature, Journals, and Others related to the Topic. Data analysis using qualitative analysis. The results of this study conclude that the implementation of policies illustrates how the existence of regulations clearly established by policy makers (government) that have certain impacts by taking into account the details of the program specifications, namely how and where the institution or organization should run the program, and how the law or program is interpreted . The government must think carefully about how resources are allocated, how budgets can be distributed, and who are the personnel responsible and implementing the program that should be clearly stated in a decision to be made by the government in its policies. If a variety of policies carried out by the government must be adjusted to the provisions of existing legislation so as not to cause the blurring of norms.
Problematics of law enforcement of union busting criminal action in gorontalo province Suardi Rais
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.669

Abstract

Although freedom of association has been more than a decade old, workers in Indonesia still face enormous challenges in exercising their collective rights. this is inseparable from the problem of law enforcement against anti-union / labor crime. This study aims to explain and analyze how the form of legal protection of trade unions in Law No. 21 of 2000 concerning Trade Unions / Trade Unions and what are the barriers to law enforcement in the imposition of criminal sanctions against union busting perpetrators in Gorontal Province. The method used in this study is a merger between normative research and empirical research methods. The results of this study indicate that the form of protection and law enforcement against violations or criminal acts against the union that occurred especially in the Province of Gorntalo is still very weak, there has been no decisive action from all law enforcement. The workings of the law are inseparable from the law enforcers themselves, law enforcement against criminal acts of the Anti Trade union basically still encounters several obstacles among which are understanding concepts among law enforcers of Law No.21 of 2000 concerning Trade Unions / Labor Unions and lack of coordination among PPNS Employment investigators and Police Investigators.
The nature of corporate crime in law enforcement of the criminal justice system in Indonesia Hadi Supriyanto
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.670

Abstract

Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.
The effectiveness of legal role of village consultative Agency (BPD) in Village development according to UU.No. 6 year 2014 about village (Kahianga Village study) Laode Muhammad Karim; Deddy Mursanto
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.671

Abstract

The purpose of this research is to know the effectiveness of legal role of the Village consultative Agency (BPD) in the development of the village according to UU.No. 6 year 2014 about village (Kahianga Village study) and to find out the factors that inhibit the role of the Village consultative Agency (BPD) in development in the village Kahianga East Tomia District. The data collection techniques used more on observation, a dandokumentation interview. The conclusion of this research is the effectiveness of legal role of the village consultative body (bpd) Kahianga in the case that legislation does not go as it should, proved in the absence of the rules that are issued, in the meantime in the case of the function budgeting bpd goes well, proved by always involved in the budget discussion meetings that are done with the principle of transparency and supervision function bpd also goes well seen with the active bpd in surveillance of the village's income and expenditure budget and factors that become constraints BPD Kahianga in the development of the village namely the community participation Kahianga Village to the development program is still relatively low, the level of education is relatively low is a BPD inhibitors communicate well and able to analyze the aspirations or what the next community is in coordinate with the village government and the pattern of parallel relations between the BPD and the village head in the village government , it turns out that in the implementation is colored by the practices of working relationships that are less harmonious and leads to the occurrence of conflicts and shows the tendency to dominate the village chief of the BPD.
The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse Nurdin Nurdin; Ahmad Yusuf Fatah; siti syahida Nurani; Arief Budiono; Satria Akbar
Jurnal Hukum Volkgeist Vol 6 No 2 (2022): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i2.1395

Abstract

This paper discussed the ideal method for resolving cases of drug abuse by the National Narcotics Agency of Kupang City, East Nusa Tenggara, Indonesia. This study used a sociological juridical approach that is based on the provisions of laws and regulations related to legal theories. It sees the reality that occurs in society, namely the method to resolve the drug abuse issues. The results of the research showed that in handling cases of drug abuse, the National Narcotics Agency of Kupang City carried out the processes of investigation, the transfer of the case to the public prosecutor, and its transfer to the district court. Drug abusers who were red-handedly caught may obtain medical and social rehabilitation based on the judicial decision. It is concluded that the National Narcotics Agency of Kupang City has undergone ideal methods in handling cases of drug abuse.
Ius Constituentum Election Courts in Indonesia Ahead of National Simultaneous Elections Taufik Firmanto; Sukirman Sukirman
Jurnal Hukum Volkgeist Vol 6 No 2 (2022): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Prior to the Implementation of National Simultaneous Elections in Indonesia, Ius Constituents of the Election Court. The purpose of this research is to examine the Election Court's Ius Constituendum in Indonesia, precisely how this Special Court is based on the PTUN environment and is placed in each province capital. This study employs normative juridical research, which is concerned with applying rules or norms in positive law. With a legal perspective (statute perspective), a conceptual perspective (conceptual perspective), and a case perspective (case approach). The results of this study show that the institution of a special election court/election in line with the democratic rule of law principles is necessary, as indicated by the following options: Establishment of a special election court/election inside the Administrative Court, to be known as the Election Court. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, and analyze and adjudicate Election Administration/Election Disputes. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, as well as to analyze and adjudicate Election Administration/Election Disputes. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, as well as to analyze and adjudicate Election Administration/Election Disputes.

Page 18 of 25 | Total Record : 246

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