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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 Juridical Sociological Review of Zakat Fitrah Distribution in Pomalaa Subdistrict, Kolaka Regency Chasanah, Rosda; sari, Patma; Muhammad As Ari. AM; Yeni Haerani; Irabiah; Ernita Ramadhani bym; Faisal Herisetiawan Jafar
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.v8i2.5296

Abstract

This research aims to examine and analyze the Sociological Juridical Review of Zakat Fitra Distribution in Pomalaa District, Kolaka Regency. The analysis technique in this research uses qualitative analysis techniques. Provisions for the Distribution of Zakat Fitrah must be distributed immediately to mustahik for 8 groups (asnaf), poor people, poor people, those who have softened their hearts (converts), to (free) servants, to (free) people who donate, filsabilillah and for people who are on a journey, as Allah says in the Qur'an surah at-Taubah 60. If you have not had time to pay zakat fitrah before the Eid al-Fitr holiday, it is sunnah to pay zakat after the morning prayer before the Eid al-Fitr prayer. The makruh time to pay zakat is after Eid al-Fitr and before sunset on Hari Raya. Even though this time is considered quite risky, it is still recommended to pay zakat fitrah at this time if Muslims have not had the opportunity to do it before, so that no Muslims go hungry on Eid al-Fitr. Delays in the distribution of zakat fitrah in the district. Pomalaa in Kab. Kolaka at the Nurul Huda Mosque is due to the awareness of the community in collecting zakat and the zakat distribution committee which is a new form of youth during the month of Ramadhan, which always changes every year and does not understand and does not review the provisions of zakat fitrah so that the community receiving zakat fitrah does not receive zakat. Accordingly, the distribution of zakat becomes uneven.
Itsbat Marriage For Parents Who Die And The Legal Consequences: (Case Study: Ruling Of The Kajen Religious Court Number: 1059/Pdt.G/2022/ Pa Kjn) Noor, Ganis Vitayanty
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.v8i2.5452

Abstract

A marriage is valid if it is carried out according to religion/belief and is registered, for those who are Muslim it is recorded at the Religious Affairs Office (KUA) while for non-Muslims it is recorded at the Civil Registration Office (Capil). Marriage registration as proof that the marriage has been carried out. If a person cannot prove their marriage, then the husband and wife concerned must submit a request for itsbat marriage to the Religious Court. Legal marriage also has legal consequences for the rights of the wife and children. So what about those whose parents' marriage dies? And what are the legal consequences of the application for itsbat marriage? In this research, the author uses empirical juridical research methods, with the object of research being the decision of the Kajen religious court number: 1059 Pdt.G/2022/PA Kjn and interviews with related parties. For marriages where the parents have passed away, you can still apply for a marriage itsbat to the Religious Court. Applying for a marriage certificate for parents who have died is a contentious matter. Not all applications for marriage itsbat applications will be granted, but it could be in the form of a lawsuit decision to be withdrawn, a decision to be dismissed, a verstek decision, a decision not to be accepted, and a decision to be rejected. The legal consequence of the decision being granted is that the Petitioner/Petitioners can apply for registration of the marriage of their deceased parents to the Religious Affairs Office (KUA) which is the jurisdiction of the Religious Court which examines, hears and decides the case; The applicant/petitioners can make a birth certificate stating the name of their biological father; The Applicant/Applicants have a civil relationship with their biological father and their biological father's family; The Petitioner/Petitioners have the right to their biological father's assets if their biological father dies. Meanwhile, for court decisions other than those that are granted, you do not have rights similar to the rights obtained for decisions that are granted.
Implementation of The Prosecutor's Intelligence Authority in Investigations of Corruption Crimes Tuanaya, Nurjanah; Malik, Faissal; Amriyanto
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.v8i2.5565

Abstract

This study aims to analyze the implementation of the Prosecutorial Intelligence's authority in investigating alleged corruption at the Tidore Kepulauan District Attorney's Office and to identify the challenges encountered during the investigation process. The methodology employed is empirical legal research with a qualitative field approach. Data were collected through in-depth interviews and documentation studies. The research findings indicate that the implementation of the Prosecutorial Intelligence's authority at the Tidore Kepulauan District Attorney's Office aligns with the applicable regulations, including Article 30B paragraph (d) of Law No. 11 of 2021 on the Amendment of Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia and Presidential Regulation No. 38 of 2010 on the Organization and Working Procedures of the Prosecutor's Office of the Republic of Indonesia. Nonetheless, several significant challenges were identified in the investigation process, including budget constraints, insufficient education and training for staff, and inadequate facilities and infrastructure. This study provides recommendations to address these challenges, including increasing budget allocations, conducting regular training for Prosecutorial Intelligence staff, and providing adequate supporting facilities to enhance the effectiveness of corruption investigations.
Enforcement Of Regional Regulation Number 2 Of 2020 Concerning Public Order And Community Peace Rasmaladewi; Rizki Mustika Suhartono; Hadi Supriyanto
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.v8i2.5583

Abstract

To foster stability, order, and peaceful conditions in society, as well as to instill a sense of discipline and habitual behavior among individuals in South Buton Regency, the South Buton Regency Regional Regulation Number 2 of 2020 concerning Public Order and Community Peace was established. This regulation underscores the significance of community participation in enhancing various aspects of life, including knowledge, economy, social structures, environment, and politics. Active engagement from all members of society is essential in creating a safe and comfortable environment. However, the effectiveness of this regulation is hampered by the lack of public awareness and understanding, primarily due to insufficient dissemination of information. As a result, many community members are unaware that they may be violating the regulation, leading to inadvertent non-compliance. The absence of proper socialization efforts from relevant authorities means that the public does not receive necessary information or warnings about the prohibitions outlined in the regulation. This gap in communication and education is a critical factor contributing to the lack of adherence to the regulation and underscores the need for more robust public outreach and education initiatives. By improving socialization and awareness efforts, the authorities can ensure that the community is better informed, which will enhance compliance and ultimately contribute to a more orderly and peaceful society.
Central Buton Regent Circular No. 01/54/2023 on the Proudly Made in Indonesia Movement in Goods and Services Procurement to Empower Local SMEs Fajrin Tonny; Rizki Mustika S
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.v8i2.5679

Abstract

In implementing public services, the Government is expected to be able to provide maximum benefits for the welfare of the community. One of the objects that needs to be regulated is government policy in the field of procurement of goods and services. The regional government of Central Buton Regency has made efforts to increase the empowerment of micro business actors and small business actors and cooperatives as one of the policies ordered by Presidential Regulation Number 12 of 2021 concerning amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods/Services . Central Buton district government policy also encourages the use of Marketplaces and Electronic Catalogs, including national catalogs, sectoral catalogs and local catalogs. In writing, the regional government of Central Buton Regency issued several policies which are contained in regulations through Circular Letter number 54/01/2023 concerning the National Movement Proudly Made in Indonesia in the Procurement of Goods and Services within the Government of Central Buton Regency.
The Legal Authority of Wiretapping by Public Prosecutors in Investigating Corruption Crimes Ambiya, Aulia Rahman; Malik, Faissal; Rumkel, Nam
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.v8i2.5969

Abstract

This research aims to analyze the legal authority of public prosecutors to conduct wiretapping in corruption cases and to identify the regulatory weaknesses in the implementation of this authority. The research employs normative legal research, a process used to discover legal rules, legal principles, and legal doctrines to address the legal issues at hand. The normative research approach in this study focuses on three approaches: 1) the statute approach, 2) the conceptual approach, and 3) the comparative approach. The findings indicate that the legal authority of public prosecutors to conduct wiretapping is explicitly stipulated in Article 30C letter (i) of Law No. 11 of 2021, amending Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia. However, there are several weaknesses in the regulations, including deficiencies in legal substance, legal structure, and legal culture. The weaknesses in legal substance include the absence of specific legislation on wiretapping. The weaknesses in legal structure involve overlapping authority among institutions such as the Prosecutor's Office, BIN, Police, and KPK, as well as the lack of digital forensic laboratories and skilled human resources in wiretapping operations.
Enhancing The Role Of Government Internal Supervisory Apparatus (APIP) In Corruption Prevention: A Case Study Of Halmahera Selatan Regency Abd. Wahab, Muhammad Zaki; Malik, Faissal; Rumkel, Nam
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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

Abstract

Corruption significantly threatens state financial stability and governance integrity. This study explores optimizing the role of the Government Internal Supervisory Apparatus (Aparatur Pengawasan Intern Pemerintah, APIP) in preventing corruption in Halmahera Selatan Regency. It aims to analyze APIP’s effectiveness and identify challenges in fulfilling its supervisory role. A combined juridical-normative and juridical-empirical approach was applied. The juridical-normative method analyzed legal frameworks, including laws and policies regulating APIP’s role. The juridical-empirical approach involved primary data collection through interviews with APIP officials and regional government representatives, complemented by secondary data from literature and case studies. Qualitative analysis was conducted to identify key patterns and insights. Findings indicate that APIP’s role in corruption prevention is limited by weak institutional independence, inadequate budget allocation, and low human resource competency. These constraints reduce its ability to perform effective oversight. The study recommends institutional reforms to strengthen APIP’s independence, increase budget allocations, and provide continuous training for personnel. These measures are crucial for effective corruption prevention and fostering transparent and accountable governance at the regional level.
Restorative Justice Policy Model in the Future of Criminal Law Rudini Hasyim, Rado; Nia Betaubun, Restu Monika; B. Rahail, Emiliana
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.5124

Abstract

Restorative justice as a constructive, creative, self-determined action with assistance and open opportunities for group involvement. Peaceful resolution of criminal cases using this mechanism has even been a local wisdom in various regions and customary laws in Indonesia which aims to resolve conflicts, restore balance and bring a sense of peace. As a cultural manifestation, the restorative justice approach should also be realised in practice through the criminal justice system, which has so far seemed rigid. This research focuses on the restorative justice policy model in the future of criminal law. This research is classified as qualitative research with empirical juridical and normative juridical methods oriented to the statutory approach and conceptual approach. This research concludes that restorative justice is a necessity because in addition to international challenges and obligations, it has also become a national trend in the future of criminal law, especially through the New Criminal Code which contains mechanisms for restoring victims’ rights, penal mediation, diversion, supervision punishment and judicial pardon. These mechanisms can operate in various models of informal mediation, traditional village or tribal moots, victim-offender mediation, and reparation negotiation programmes.
Model for Fulfilling the Right to Work for Persons with Disabilities as an Effort to Protect the Law Asriadi, darmawati; Zainuddin, Asriadi
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.6696

Abstract

The issue of fulfilling the rights of people with disabilities is still being discussed today. People with disabilities are often considered as citizens of society who are unable to carry out their duties and responsibilities so that they are sometimes not accepted in the world of work and their rights are often ignored. It is not uncommon for people with disabilities to also have limitations in accessing education due to limited SLB, infrastructure and accessibility for them. This phenomenon is starting to receive attention, especially in Gorontalo Province. The purpose of this study is to find out and analyze the implementation of the fulfillment of work for people with disabilities in Gorontalo Province and find the ideal concept of fulfilling the right to work for people with disabilities. The approach used is a empirical approach with data collection sourced from interviews, questionnaire distribution, literature searches through books, journals, and online media. The results of the study show that the fulfillment of the right to work for people with disabilities has not fully run as expected because it is caused by several factors including discrimination problems, difficulty in obtaining jobs due to the limitations of education and the abilities they have, accessibility and supporting facilities for the fulfillment of the right to education are still limited. The ideal concept of fulfilling the right to work for persons with disabilities is carried out by strengthening the policy framework, strengthening the private sector and the capacity of persons with disabilities and changing the perspective of the public regarding persons with disabilities.
Juridical Analysis Of The Settlement Of Disputes Over Multiple Ownership Of Land Assets Of The Army In Indonesia SULAIMAN; Angga Busra Lesmana
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.6869

Abstract

This research analyzes the resolution of multiple ownership disputes over Army asset land, which is often a source of agrarian conflict in Indonesia. By using the juridical-empirical method, which combines normative legal analysis with practical observations in the field. Statute Approach and case approach. This research aims to identify the factors causing the emergence of two certificates on one land parcel issued by the National Land Agency, as well as its legal impact. The results show that economic factors, abuse of position, and inappropriate land use are the main causes. Legal consequences include legal uncertainty, economic loss, and certificate cancellation. The research recommends resolution through mediation, consultation and more effective litigation mechanisms to ensure justice and legal certainty.

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