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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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A Model of Legal Culture for Prevention of Money Politics Through Social Media Strategies for Facing Simultaneous Elections in 2024 Gorontalo Province Jupri; Arhjayati Rahim; Rusmulyadi, Rusmulyadi; Vicky Ibrahim; Umar P
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.v8i1.4356

Abstract

This research aims to examine and explore the construction of a legal culture model for monitoring social movements to prevent money politics through social media and describe forms of legal protection for this movement. From the experience of previous simultaneous elections and local elections, various problems remain, one of which is money politics. Money politics is considered a differentiation mechanism for contestants to provide more value than other contestants in order to pursue personal votes. The factors vary, from weak religious culture, strong kinship culture, and paternalistic culture. This research provides a prevention model by utilizing social media such as Facebook, Twitter, WhatsApp and Instagram as a tool for social movements to prevent the practice of money politics. The type of research used is empirical research, namely research with field data as the main data source. The results of this research show that there are two models of cultural construction of legal supervision of social movements to prevent money politics through social media, namely the formation of anti-money politics citizen forums based on social media and creating anti-money politics fosters on social media. Meanwhile, the form of protection for this movement is to strengthen regulations and legal protection for whistleblowers and pay attention to Law Number 31 of 2014 concerning the protection of witnesses and victims. In the future, social media can be used as a means for more massive social movements to voice ideas, opinions and views in monitoring deviant behavior from political contestants and there needs to be special arrangements for the protection of these social movements.
The Analysis Of The Notary's Responsibilities For The Storage Of Electronic Deed Minuta Wijayanti, Fika Arum; Santoso, Budi
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.v8i1.4438

Abstract

The role and authority of notaries who keep electronic minutes are often problematic. In practice, storing deed minutes electronically has obstacles and benefits. This research aims to determine and evaluate the process and obligations of Notaries in storing electronic deed minutes. The research methodology used is a sociological and legal research approach. Descriptive analysis is the analysis technique used in this research. Primary data used in this research includes the 1945 Constitution, Law No. 2 of 2014, the Mortgage Rights Law, the Civil Code, and the Criminal Code. Apart from that, secondary data such as books and supporting documents are also used. Research data was collected using interview techniques and studying documents or library materials. Research findings indicate that electronic deed minutes can be stored, as some laws allow it. To store deed minutes electronically, the minutes must be original and must be created and stored using conventional methods.
The Role of the Substitute Registrar in Handling Appeal Case Files in Religiou’s Court Makassar Lira, Adnan; Asriati
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.v8i1.4461

Abstract

After the birth of Law no. 7 of 1989 concerning Religious Courts, there is hope that an independent Religious Court and Religious High Court will be realized. This type of research is empirical legal research, namely legal research that focuses on legal realities in society or is low in action. The location of this research was the Makassar High Religious Court. The type of data in this research is primary data, namely judges and clerks at the Makassar Religious High Court through questionnaires and direct interviews. As well as secondary data are official documents, scientific journals, legislation and official data which are products of the Makassar High Religious Court. Data analysis in this research uses qualitative and quantitative data analysis techniques. Qualitative analysis is a means of analyzing data that cannot be quantified, namely that which is still interpretative. The results of the research show that the role of the Substitute Registrar in handling appeal case files at the Makassar Religious High Court has been carried out well, but in some cases it is less effective. This can be seen from the low level of understanding of administrators' responsibilities in carrying out and completing appeal case files and submitting a copy of the decision to the court of first instance. Factors that influence the implementation of the duties and functions of the Substitute Registrar are matters of legal structure, legal culture, and facilities and infrastructure.
Law Enforcement Against Disseminers Of Dishonour Content On Social Media: Case study the distribution of recordings of caning processions in Aceh Siregar, Friska Anggi; Yulis, Sari
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.v8i2.4595

Abstract

Responding to the phenomenon of defamation during the execution of caning sentences, the Aceh Government limited the place where caning sentences were carried out from initially being carried out in public places and then being transferred to detention centres or correctional institutions. This rule is stated in Governor's Regulation Number 5 of 2018. The aim of moving the place of execution to a detention centre is to protect the rights of the convict so that it does not spread on social media. With the issuance of Gubernatorial Regulation no. 5 of 2018, of course there are legal implications regarding whether or not to record the caning procession. If caning is considered a disgrace, then those who spread caning can be charged under the ITE Law on defamation, but this phenomenon continues to occur and there are no calls from law enforcers to prohibit it. Thus, researchers feel it is necessary to examine the legal certainty regarding the dissemination of recordings of caning processions on digital media, and what the view of Islamic law is regarding the dissemination of recordings of caning processions on digital media. This research is entirely qualitative research (qualitative approach) using a normative juridical approach or library research. From the results of the research, it was concluded that there is no clear prohibition on the distribution of caning punishments either in the governor's regulation or in the qanun, so the law is permissible. The perpetrator also cannot be charged under the ITE Law because the execution is open to the public. However, victims may report to the authorities if they feel that the news conveyed does not match the facts or attacks their honour. This is also not prohibited in Islam, because it is classified as permissible backbiting, with the aim of making the perpetrators feel embarrassed and have a deterrent effect and warning for others.
Corporate Liability of Pharmaceutical Companies Producing Unsafe Drugs (Lesson-Learnt from the USA) Hanifah Febriani; Bagus Mulia Pandu Winoto; Carissa Maharani
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.v8i1.4620

Abstract

Since the end of 2022, Indonesia has been concerned with cases of kidney failure in children. Long before that, United States of America (USA) have experienced in handling the case of pharmaceutical company. This research aims to examine the Corporate Liability Settlement for the Pharmaceutical Industry Producing Unsafe Drugs in United States and Indonesia as well as to elaborate more about what Indonesia can improve reflecting from the cases in America. This is normative legal research, using comparative methodology as an approach. The research has found that Indonesia shall address the idea to settle the case with plea agreement, civil lawsuit, as well as oblige the corporation to enter in corporate integrity agreement. Furthermore, a higher amount of fine is required in order to deter the company.
Constitutional Implications of KPK Leadership Term Changes: Analysis of MK Decision No. 112/PUU-XX/2022 and Ruling Inconsistencies Prabowo, Romi Galih; Tinambunan, Wahyu Donri
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.v8i1.4652

Abstract

Constitutional Court Decision No. 112/PUU-XX/2022, issued on May 25, 2023, underwent an amendment involving an analysis of Article 29 letter e and Article 34 in Law No. 19 of 2019 concerning the Corruption Eradication Commission (UU KPK) in conjunction with Law No. 30 of 2002. This decision is deemed inconsistent with constitutional principles and has the potential to impact anti-corruption efforts in Indonesia. The amendment provides a comprehensive analysis of the effects of the change in the term of office of the KPK leadership on the stability and performance of the institution, as well as its implications for anti-corruption efforts in Indonesia. The research methodology employed is normative juridical legal research with qualitative analysis of the Constitutional Court Decision and relevant legislation. This study aims to delve into the impact of the change in the term of office of the Chairman of the Corruption Eradication Commission (KPK) through Constitutional Court Decision No. 112/PUU-XX/2022. The research findings indicate significant changes in Article 29 letter e and Article 34 of Law No. 19 of 2019 concerning the Corruption Eradication Commission (KPK). Inconsistencies are observed in the application of the open legal policy concept by the Constitutional Court, particularly regarding the assessment of numerical values in previous rulings. Additionally, the study highlights errors in applying the non-retroactive principle concerning the changes in the term of office for KPK leaders, leading to controversy over the retroactive aspect of legal amendments.
Optimizing the Role of the Gorontalo High Prosecutor's Office in Realizing Restorative Justice Nur, Rafika; Syamsidar; Djafar, Marwan
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.v8i2.4666

Abstract

Restorative justice is a legal approach aimed at repairing the effects of a criminal act by involving all parties in the conflict, including the perpetrator, the victim, and the community. The High Prosecutor's Office of Gorontalo plays a crucial role in realizing restorative justice in its region. This study aims to explore and optimize the role of the High Prosecutor's Office of Gorontalo in implementing restorative justice principles. This research aims to understand and optimize the role of the High Prosecutor's Office of Gorontalo in applying restorative justice principles. The method used is empirical research utilizing field data as the primary source, such as results from interviews and observations. The research findings indicate that optimizing the role of the High Prosecutor's Office of Gorontalo in realizing restorative justice in the Gorontalo Province turns the institution into a dignified law enforcement agency that enjoys high public trust in the law enforcement process, especially in criminal matters. Nowadays, the performance of law enforcement officers often becomes the focus of public scrutiny and criticism from the community and justice seekers who have long opined that the law is sharp towards the lower class and dull towards the upper class. This research provides a significant contribution to understanding how restorative justice can be an effective tool in the criminal justice system in Indonesia. It is expected that the process of case resolution based on restorative justice in the future will importantly see the range of bureaucratic control in its resolution shortened at the regional level up to the echelon II (High Prosecutor's Office) to expedite and make the case resolution process more flexible, and to maintain the accountability of the resolution of restorative justice cases, the prosecutorial ranks should strengthen supervision functions, both functional and inherent.
Implementation of Women's Representation as Members of the General Election Commission Based on Law No. 7 of 2017 on General Elections. Sukardin; Suartini; Anas Lutfi
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.v8i1.4714

Abstract

The topic of women's quotas can be a good entry point to explore what limits and enhances substantive representation of women. Additionally, women's quotas are closely related to the debate on descriptive and substantive representation when associating quota policies, representation, and the effects of these quota policies. Women's representation in election organizers is crucial to ensure fair, equitable, and inclusive elections. Moreover, this is related to the issue of affirmative action. Affirmative action is a policy that provides special treatment to disadvantaged or marginalized groups, such as women, in order to enhance their representation in election organizers. This policy can take the form of quotas, reservations, or other affirmative programs. This research aims to analyze the Implementation and Factors affecting the fulfillment of the 30% Women's Representation quota in General Elections organizers in Indonesia based on Law No. 7 of 2017 regarding General Elections Research.
Law Enforcement Against Illegal Investments Muhamad Javier Ramzy; Upik Mutiara; Ronald Samuel Wuisan; Rijal Ibnu Sani
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.v8i2.5168

Abstract

nvestment is something that is growing rapidly in society. Apart from being easy, investing can also provide quite large profits. However, there is still a lot of illegal investment occurring in society. This is due to a lack of strict law enforcement and a lack of public education regarding investment. Therefore, it is necessary to educate the public and provide strict law enforcement to perpetrators of illegal investments so that people do not become victims in the future. Illegal investments usually offer large profits in a short time with low risk. Law enforcement against illegal investments can be carried out from two perspectives, namely civil and criminal. Investment is a rapidly growing trend within society, presenting an easy way to achieve substantial profits. Despite its potential benefits, there remains a significant presence of illegal investment activities. This issue primarily stems from insufficient law enforcement and a lack of public education about investment principles and risks. To mitigate this problem, it is crucial to enhance public awareness and implement stringent legal measures against those involved in illegal investments, ensuring that individuals are protected from becoming future victims. Typically, illegal investments promise high returns in a short period with minimal risk, attracting many unsuspecting individuals. Effective law enforcement against these fraudulent activities can be approached from both civil and criminal perspectives, addressing the issue comprehensively.
LPSK Integration At The Investigation Stage In Fulfilling The Rights Of Victims Of Sexual Violence Muh Sutri Mansyah; Edy Nurcahyo; Kaswandi; Hasirudin Hasri; Hayun; Darojatun Andara; Muh. Ramlan; Sambar
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.v8i2.5265

Abstract

Fulfilling the rights of victims of criminal sexual violence is very important, starting from procedural rights, medical rights, psychological rights, and physical protection, but is often forgotten by law enforcement officials. This research will analyze the LPSK integration model at the investigation stage in fulfilling the rights of victims of criminal sexual violence. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Sexual Violence Crime Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The results of the research state that the LPSK integration model at the investigation stage has been regulated in Article 43 of the Sexual Violence Law, within 1 x 24 (one time twenty four) hours from the granting of temporary protection, the investigator is obliged to submit a request for protection to the LPSK. However, problems arise if the investigator does not apply for protection or ignores these legal obligations. This creates a legal vacuum. Future suggestions for the government and law enforcement agencies need to align perceptions regarding the protection of victims of sexual violence and the involvement of LPSK in the criminal justice system. In this way, it is hoped that the rights of victims can be fulfilled.

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