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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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Efforts Of Women's And Children's Services Unit In Solving The Crime Of Sexual Abuse Committed By Minors La Gurusi
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.v7i2.3161

Abstract

This research aims to look at the efforts of Women’s and Children’s Services Unit in solving the crime of suxual abuse committed by minors. This research applied empirical juridical research with the research location in the Women's and Children's Services Unit. The author in this research conducts initial data collection to obtain data or collect various data, facts and information needed. Based on the result, there was an increase in criminal cases from 2020, (4 cases) (1 case) resolved through the diversion process, in 2021 the number of cases increased to 7 cases with 2 cases resolved through diversion and restorative justice and in 2021 until December 31 the number of cases according to 5 cases and up to stage II. From the interview data obtained that children are not only victims but also perpetrators of almost all types of criminal acts. After the author conducted a deeper elaboration from the UPPA investigator of Buton Police, the fact that children become perpetrators of criminal acts is influenced by the surrounding environment, there are no examples of good character from the figures in the house and the indifference shown both in the family environment and the wider environment. Keywords: Crime, Sexual Abuse, Minors
Transformation Of Bhinci-Bhinciki Values In The Establishment Of Regional Regulations Wa Ode Zamrud; Faharudin Faharudin
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.v7i2.3242

Abstract

Transformasi dalam pembentukan peraturan daerah dimaksudkan guna merefleksi nilai-nilai bhinci-bhinciki kuli (cubit kulit) ke dalam dunia nyata. Jenis metode penelitian yang digunakan adalah penelitian hukum normatif. Sumber bahan hukum yang digunakan berupa bahan hukum primer dan sekunder. Tata hukum modern mengungkapkan pandangan hidup, rasa keadilan dan nilai-nilai kultur lainnya juga bersifat instrumental merupakan sarana mencapai tujuan, agar hukum daerah dapat berkembang dan dapat berhubungan dengan daerah lain, maka perlu dipelihara dan dikembangkan asas hukum yang sifatnya menyeluruh dan diterima
Judge Considerations In Divorce Divorce Decision Settlement (Study Of Religion Court Baubau Decision Number 0298/PDT/2019/PA.BB) Rizki Mustika Suhartono; Mashendra Mashendra; La Ode Muh. Karim; Sariati Sariati; Hayatul Jannah Ar-Rayyan
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.v7i2.3338

Abstract

This study aims to determine: to know and examine how judges consider in the settlement of divorce divorce cases. The research method used in Ziniz's research is Empirical Normative Law research. Legal research is a research method that seeks to find the law in the law that is actually or should be, examines how the law works in society, then uses research methods, the quality of the method. The collection of data and information was carried out at the Bau-Bau Religious Court. The second stage used in this research consists of: Primary, secondary and tesier legal instruments. Depending on the nature of the research and the research material, all available information will be carefully analyzed, with the help of which the collected data are sorted according to their categories and explained in the search for answers to research questions. By using the reduction method, conclusions are drawn from the prepared data and research results.The judge's consideration in deciding the decision on parental responsibility is very appropriate by considering the income of the parents based on the evidence brought before the trial.
Informed Consent as an Instrument of Legal Protection for Dentists Arief Budiono; Ichsan Khalid Sapnosa; Abdullah al Mamun
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.v7i2.3349

Abstract

Informed Consent is patient consent based on an explanation by a doctor at the hospital and is used in law and medicine to protect the public as a patient who receives health services based on information provided by the hospital through a dentist. Informed consent is mandated by law to protect patients and medical professionals, especially dentists. It offers patients the comfort they need to make their own decisions. For dentists, it aims to provide legal protection against the risk of imposition associated with deficiencies in medical action. This was normative research, which examines the law along with literature studies. It aimed to find out how to apply informed consent and to find out the legal protection related to informed consent for medical staff. In the Ministry of Health's Decision No. 290 of 2008 concerning the Legalization of Medical Actions, a doctor's complete explanation for the patient must include the diagnosis and implementation of the medical action, alternative actions and risks, possible complications, prognosis for the procedure, and financing. Patients can make an informed decision after receiving a thorough explanation as they have the freedom to refuse the recommended treatment and seek a second opinion. Legal protection for medical staff in Article 50 of Law No. 29/2004 Medical Practice and Article 57 of Law No.36/2014 regarding Health Workers.
Enforcement Of Criminal Law Against Abuse Of Immigration Permit According To Republic Of Indonesia Law No. 6 Of 2011 Concerning Immigration La Ode Bunga Ali
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.v7i2.3378

Abstract

The scope of the visa-free facility is too broad which includes tourism, socio-cultural, and business activities, which was originally intended to strictly regulate visa-free facilities, but after the provision of visa-free facilities in the BVKS which has a wider scope, violations of the visa-free facility are still found. that. So that the aims and objectives of Free Social Visit Visa (BVKS) as a substitute for Free Tourist Visa (BVW), were not achieved, instead they were used by foreigners as a way for illegal immigrants to enter Indonesia. However, the General Explanation of Law No. 6 of 2011 concerning immigration emphasizes that for foreigners, services and supervision in the field of immigration are carried out with a "selective" principle (selective policy). Based on this principle, only foreigners who are allowed to enter Indonesia are foreigners who provide benefits for the welfare of the people, nation, and state of the Republic of Indonesia and do not endanger security and order, nor are they hostile towards the people or towards the Indonesian state based on Pancasila and the Law. -The 1945 Constitution. In terms of handling this, it is closely related to matters of supervision, both tourists entering or leaving the territory of the Republic of Indonesia, and carrying out activities in the territory of the Republic of Indonesia. Preventive countermeasures are countermeasures carried out in an effort to prevent or maintain the possibility of an immigration crime, in this case, namely the crime of misusing immigration permits. Meanwhile, in repressive measures, this can be done by way of punishment, deportation, or blacklisting. It is better if the provision of visa-free facilities is reviewed and returned to the background of the provision of these facilities, namely only for tourism.
Legal Protection Of Brand Rights And Geographical Indications For Toraja Coffee Mutiara Nabila Rizqi; Upik Mutiara
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.v7i2.3428

Abstract

Geographical Indication is one of the Intellectual Property Rights that protects things that have features, attributes, or reputations related to the location from which they originated. Arabica coffee, which is native to Toraja South Sulawesi, has distinct attributes that distinguish it from other types of coffee, earning it a reputation as one of the world's best. The "TORAJA" brand, on the other hand, misleads customers about its uniqueness. Arabica coffee's reputation will be jeopardized if it is not from Toraja and its quality differs from that of Toraja coffee. To preserve Torajan arabica's reputation and coffee farmers, geographical indication registration on this Torajan arabica coffee is required. Geographical Indications must be legally protected in order to identify whether individuals are communal or collective. Belonging to the community in the registered Geographical Indication region is what the communal community character entails.
Classification of Free Movement Papua as Unlawful Belligerent Hutaepa, Sintong Arion
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.3921

Abstract

In recent years, the OPM has carried out a massive movement in attacking and killing civilians in Papua. This action was deemed appropriate because of the OPM's position as a legal subject in accordance with international law. The aim would measure how much far OPM's position as for fulfil elements as a subject of international law based on international treaty and customs international. This article categorized as normative legal research whose using positive law. Normative legal research using secondary data consisting of from primary law including national regulations nor international law including international treaty and customs international related about OPM as unlawful belligerent. The Indonesian government classifies the OPM as a KKB with the label of a terrorist group. IHL subjects need to meet certain conditions to be counted as combatants. OPM does not meet the specified conditions so that it is counted as unlawfully belligerent. This condition makes the OPM unable to enjoy treatment like a combatant during an armed conflict.
Implementation of Discipline Penalties as Sanctions Applied in the Correctional Realm for Violations of the Rules of Order by Convicts Tajuddin, Mulyadi Alrianto
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4016

Abstract

Disciplinary punishment is given to convicts who violate the prison rules, in this case convicts who are suspected of violating the order must be subjected to a preliminary examination by the head of security before being subject to disciplinary sanctions in accordance with Article 12 paragraph (1) of the Ministerial Regulation and Human Rights. Number 6 of 2013 concerning Rules of State Prisons and Detention Centers. Disclipnary punishment are given to the aim of this research to find out and understand the implementation of disclipnary punisments againts prisoners who violate the rules and the efforts faced by officers in prviding guidance in overcoming discliplinary violations at the Merauke Class IIB Penitentiary.This research was conducted using an empirical juridical method that looks at laws and regulations as a benchmark and looks at facts that occur in the field, especially in  Merauke Class IIB Prison. From the results of the study, Discipline for prison-assisted citizens in Merauke Class IIB Prison has not been effective in accordance with the Regulation of the Minister of Law and Human Rights Number 6 of 2013. The obstacles faced by Class IIB Prison are adequate facilities and infrastructure, factors from prisoners and lack of prison officers and efforts made are oral socialization and making billboards to inform prisoners about obligations and prohibitions so that assisted citizens know the laws or regulations in Merauke Class IIB Prison.
The Resolution and Accountability of State Financial Loss In Administrative and Criminal Law Perspectives Akbar, Muhamad Aksan
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4318

Abstract

Government officials, in performing public legal actions, may abuse their authority, resulting in financial loss to the state, which can have implications for both administrative and criminal resolution and liability. Purposes of this research,  to determine and/or differentiate the resolution of financial loss to the state caused by the abuse of authority by government officials from administrative and criminal law perspectives, in order to avoid criminalizing government officials' actions and weakening the corruption eradication efforts. This research methods, this normative legal research applied a statute approach. The study findings indicate that the abuse of authority causing the state’s financial loss is primarily resolved under administrative law based on Law No. 30 of 2014 concerning Government Administration. This involves the return of the financial loss to the state or regional treasury and the imposition of severe administrative sanctions. However, the abuse of authority causing state financial loss can be treated as a criminal offense if the Internal Supervisory Apparatus (APIP) or law enforcement agencies find elements of a criminal offense as defined in Article 2 paragraph (1) or Article 3 of Law No. 31 of 1999.
Legal Analysis of Restrictions on the Political Rights of Exconvicts to be Elected in Local Elections Regional Head Election Wiridin, Darmawan; Mustafa, Ali; Nasrin; Aisyah, Sitti; Putra, Zulfikar
Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i2.4338

Abstract

The purposes of this study are: 1) To find out the restrictions on the political rights of ex-convicts to participate in the election of Regional Heads 2) To find out the legal consequences of restrictions and revocation of political rights of ex-convicts to be elected in regional head elections.  The type of normative legal research is doctrinal legal research or library research. The results of the researchare: 1) Limiting the political rights of ex-convicts to be elected is contrary to the hierarchy higher regulations. Based on Law No.12 of 2011 concerning the Formation of Legislation and  Invitation and is not in line with the principle (Lex Superior Derogat Legi Inferiori) meaning that the reshould be nolower regulations contrary to higher regulations. 2) Due to the law limiting the political rights of ex-convicts to be elected, it can be canceled through are quest for examination. Judicial review at the Supreme Court based on Law Number 12 of 2011 concerning the Establishment of Legislation, Law Number 39 of 1999 concerning Human Rights and Law Number 7 of 2017 concerning General Elections

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