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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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Legality And Legal Certainty Of Ulayat Land For Indigenous Law Communities (Analysis of Decision Number 1430 K/Pdt/2022) Edy Nurcahyo; Hudali Mukti; Ahmad Rosidi; Yogi Yasa Wedha; Ayu Putu Laksmi Danyathi
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2859

Abstract

Land disputes in Indonesia are still very high, including land disputes that occur on ulayat lands. In the settlement of land disputes in court, sometimes indigenous peoples have to lose in defending their rights due to the weakness of the legality factor of land ownership rights on ulayat land. To minimize customary land disputes, regulations are needed that guarantee legal protection and certainty for the customary lands of indigenous peoples. The research method used is normative legal research. In this study using a statutory approach. The analysis used is descriptive qualitative analysis. The ulayat land of the customary law community unit has received recognition regarding its existence as long as the fact is that it still exists. The acknowledgment of this existence has been stated in Article 3 of the Basic Agrarian Law, but in the implementing regulations there is still a legal vacuum that results in weak aspects of protection and legal certainty for the existence of ulayat land. The existence of customary law institutions that do not yet have legality becomes a barrier for customary law community units in defending their rights in ulayat land disputes. The existence of ulayat lands cannot be separated from the recognition of customary law communities who are part of the existence of ulayat lands. Legal certainty in providing protection for ulayat lands of customary law community units is very necessary to maintain the existence of ulayat lands.
Future Implementation of Ius Constituendum and Restorative Justice in the Criminal Justice System Mashendra Mashendra; La Gurusi; La Ode Muhammad Karim
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2864

Abstract

The notion of restorative justice is presently implemented in the Indonesian criminal justice system through Law No. 11 of 2012, which oversees the juvenile court system. Future expansion of the application of restorative justice within the criminal justice system is a topic of discussion. As a research methodology, legal norm research is employed. Deductive reasoning is used to reach conclusions. On the basis of research findings, the Government and the DPR are expected to swiftly formulate guidelines for the implementation of the concept of restorative justice issued by the Criminal Justice Subsystem in laws and regulations, both in the form of laws and in the Draft Code of Criminal Procedure (RKUHAP) and the Draft Law – Criminal Law (RKUHP). The implementation or application of the concept of restorative justice in the resolution of criminal cases involving these offenders shall be governed by these rules.
Optimizing The Role of Religious Jurisdiction in Preventing Child Marriage in Gorontalo Province Aliyas Aliyas; Suardi Rais; A. ST. Kumala Ilyas; Jupri Jupri; Yoslan K Koni
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2866

Abstract

The prevalence of child marriage under 18 years released by the Central Bureau of Statistics in 2020 places Gorontalo Province in the 6th highest place in Indonesia with a rate of 23.16%. The data is corroborated by the records of the Supreme Court who receive cases of requests for dispensation from marriage which each year has increased. the religious court's allusion to child marriage through a marriage dispensation mechanism. A quo mechanism is regulated in Supreme Court Regulation (PERMA) Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. Various factors behind the request for underage marriage include: because they really want to get married, because they are pregnant out of wedlock and there are applications for girls whose age has not been justified by law. On the basis of these problems, this study aims to provide space for the religious court as the final determinant through legal considerations and its sociological aspects, prioritizing prevention efforts by narrowing the space for applications, examining cases more carefully, and the commitment of the parties to respond to the negative consequences of child marriage. The research method used is the legal behavior approach that occurs in society (socio legal research).
Efforts to Eradicate Alcohol In the City of Gorontalo: A Study of the Principles of Adat Philosophy based on Sara, Sara based on Kita Bullah Saharuddin Saharuddin; Ilham Ilham; Yeti S Hasan; Rusmulyadi Rusmulyadi; Albert Pede
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2867

Abstract

In 2020, as a form of government concern for the high circulation of alcoholic beverages (Miras) in the Serambi Medina area, the Regional People's Representative Council (DPRD) of Gorontalo Province continues to revise the Regional Regulation on Alcoholic Beverages (Perda), which was previously Perda Number 16 of 2015 (concerning the Supervision and Control of Distribution of Alcoholic Drinks). Which is considered not strong enough to stem the circulation of liquor. The results of a 2018 study by the Ministry of Health's Ministry of Health (Kemenkes) research, alcohol consumption in Gorontalo is ranked fourth nationally, only losing to North Sulawesi, East Nusa Tenggara and Bali. The purpose of this study is to see that efforts to eradicate liquor in Gorontalo City are not in accordance with Adat Principles. The novelty of this research helps provide input for local governments to perfect the draft local regulation on controlling liquor in Gorontalo City.
Preventive Model and Legal Protection of Victims of Sexual Violence Crimes in Higher Education Environment Alif Arhanda Putra; Karimah Syafiq
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2872

Abstract

Preventive Model and Legal Protection of Victims of Sexual Violence Crimes in Higher Education. This study aimed to: analyze (i) preventive models of sexual violence crimes in higher education environment; and (ii) legal protection of victims of sexual violence crimes in higher education environment. This research uses a normative type of research, namely legal research methods to analyze the rule of law, legal principles, and legal doctrines to answer legal issues that are the subject matter of research. The types of research approaches are the statutory approach (The Statue Approach) and the conceptual approach (The Conceptual Approach). The technique of collecting materials is the study of documents and the study of literature. Prescriptively analyzed with deductive methods to answer the problems in this study. The results of this study show that: (i) Model prevents criminal acts of sexual violence committed by universities, educators, education staff, and students. Prevention through learning is carried out by leaders or leaders of universities by requiring students, educators, and education staff to study the sexual violence prevention and handling module set by the ministry; (ii) Legal protection for victims of sexual violence crimes in the university environment is the handling of sexual violence crimes carried out through mentoring, protection, imposition of administrative sanctions, and recovery of victims. Assistance carried out in the form of counseling, health services, legal assistance, advocacy, and/or social and spiritual guidance.
Implementation Determination Limit Value Dependent Rights Objects by Sellers in Auctions Execution Dependent Rights Nizla Rohaya; Upik Mutiara; Ade Novensia Arahman
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2893

Abstract

This research is motivated by the author submitting an application against a lawsuit related to the determination of the estimated value limit that is not in accordance with applicable regulations, causing losses to the debtor. The purpose of this study is to determine the auction mechanism and the application of determining the value of the mortgage object by the seller. This research is based on the normative legal research method through a legal approach. The results of this study are that the auction mechanism for the execution of mortgage objects through the State Assets and Auction Service Office must comply with the rules in the Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Auction Implementation Guidelines. The implementation of the determination of the boundary of the mortgage object in the field has not been in accordance with the procedure and legal protection for the debtor has not been maximized because it can only be done through a lawsuit in court and the State Assets and Auction Service Office does not have the authority to conduct an auction against the applicable boundary determination. Suggestions for the Government to change the method of setting boundaries, which previously had 2 (two) methods, namely an assessment to avoid losses suffered by debtors and provide more legal benefits for debtors.
Juridical Review Selling and Purchasing House in The Public Housing Credit (KPR) Process Based on Law No. 1 of 2011 Concerning Housing and Settlement Area (Study at PT. State Savings Bank Baubau Branch) Rizki Mustika Suhartono; Ernawati Ernawati
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2925

Abstract

This research was conducted to find out the juridical review of selling and buying houses in the public housing credit (kpr) process based on law no. 1 of 2011 concerning housing andsettlement area pt. state savings bank baubau branc.This study uses an empirical juridical method. Researchers used instrument observation, interviews and documentation. From the results of the research, the legal consequences of transferring the debtor underhanded in the housing loan agreement (KPR-BTN) and the efforts taken by the bank to overcome it, selling mortgage houses underhanded by debtors who have not paid off their debts, is an unlawful act because The KPR house is a collateral object for the debtor's debt to the Bank, so that the Bank can sue the debtor to provide compensation for cancellation of the sale and purchase of KPR houses by the old debtor which was carried out underhand and immediately pay off all the remaining debt. The sale of KPR houses under the hands of the Debtor does not eliminate the Debtor's obligation to pay off his debts to the Bank. It is suggested that in order to avoid problems that arise in the future, people who want to transfer their debtors to KPR BTN can do so after obtaining approval from the bank as the creditor.
Legal Arrangement Concerning Regional Unit Price Standards Its Impact to Financial and Administrative Rights of Regional People's Representative Council Yogi Yasa Wedha; Edy Nurcahyo; Hudali Mukti
Jurnal Hukum Volkgeist Vol. 7 No. 2 (2023): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i2.2982

Abstract

Constitution in the government system of the Republic of Indonesia adheres the concept of trias politica, which is a concept stating that power is not transferred to the same person/institution, to prevent abuse of power and to guarantee human rights of citizens. The concept of trias politica is applied in the form of three institutions, namely executive, legislative and judicial institutions. These three institutions have different duties, rights, obligations, and responsibilities according to their authority. It turns out, however that the aim of preventing abuse of power by means of power distribution is not running well and there has been an overlap of authority among the institutions. This research is the author's study of the Legal Arrangements concerning Regional Unit Price Standards upon the issuance of Presidential Regulation Number. 33 of 2020 concerning Regional Unit Price Standards, its impact to Financial and Administrative Rights of the chairman and members of the Regional People's Representative Council. It is a normative legal research applying statutory approach, conceptual and comparative approaches. It was concluded that the placement of legislature as a quasi-executive results in the legislature shall comply with every regulation issued by the executive, this causes in an overlap of authority between the executive and the legislative institutions
Authority of the Election Organizer Ethics Council (DKPP) of the Republic of Indonesia in Canceling the General Election Commission (KPU) Decree Number: 161-PKE-DKPP/XI/2020 Abdullah Adam; Nam Rumkel; Abdul Aziz Hakim
Jurnal Hukum Volkgeist Vol. 7 No. 2 (2023): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i2.3073

Abstract

This study aims to determine the legal and financial basis of the Honorary Board of Election Organizers (DKPP) of the Republic of Indonesia in canceling the General Election Commission (KPU) Decree. The type of research used by the author is normative law research using normative case studies in the form of legal behavior products. The results of the study show that the position of the Honorary Council of General Election Organizers (DKPP) of the Republic of Indonesia is in the completion of the General Election. The Duties, Authorities and Obligations of the DKPP are regulated in Article 159 paragraph (1), paragraph (2), and paragraph (3) of Law Number 7 of 2017 which states that the DKPP has the authority to summon Election Organizers who are suspected of violating the code of ethics to provide an explanation and defense.
Analysis of Constitutional Court Decision No. 30/Puu-Xvi/2018 and Supreme Court Decision No. 65p/Hum/2018 Concerning the Prohibition of Concurrent Positions for Regional Representative Council Candidates (DPD) Riswan Rais Syarif; Sultan Alwan; Rudhi Achsoni
Jurnal Hukum Volkgeist Vol. 7 No. 2 (2023): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i2.3100

Abstract

This study aims to examine the differences between the Constitutional Court's decision and the Supreme Court's decision regarding the prohibition of concurrent positions as candidates for members of DPD, as well as the legal ramifications of these differences. This research employs the normative legal research approach, which refers to legal research that refers to written regulations or other legal materials. Disparity between the Constitutional Court Decision and the Supreme Court is the different time for enforcing the ban on candidates for DPD members from political party officials, according to the findings of this study. The Constitutional Court stated that it has been in effect since the 2019 election, however the Supreme Court stated since after the 2019 election. This disparity or difference may be caused by several factors, including: the Constitutional Court's and the Supreme Court's different authorities when examining a statutory regulation; the Constitutional Court's and the Supreme Court's use of different touchstones when examining a statutory regulation; and the judges of the Constitutional Court and the Supreme Court's differing perspectives when analyzing cases. The absence of legal certainty and the violation of citizens' constitutional rights are the legal consequences of the gap between the two judgements.

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