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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 251 Documents
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Regional Heads’ Legitimacy in Implementing the Regional Government Based on Democratic Principles Enggarani, Nuria Siswi; Spaltan, Bita Gadsia; Setiawati, Diana; Zuhdi, Syaifuddin; Farid, Achmad Miftah; Budiono, Arief
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.v9i1.7086

Abstract

The concept of regional autonomy is explicitly regulated in Article 18 of the 1945 Constitution and several related laws and regulations which essentially provide authority and flexibility for provincial, district and city governments to regulate and manage their own government affairs according to the principles of autonomy and assignment tasks including the implementation of regional head elections carried out democratically. In the implementation of regional government, elected regional heads must also be able to realize the principles of democracy and must be able to run effective and responsive regional government to the needs of the community, must not deviate from moral norms and deviate from democratic principles. The problem in this study is How is the Legitimacy of Regional Heads in the Implementation of Regional Government in Accordance with the Principles of Democracy. This study uses an empirical legal method, namely in addition to reviewing data through literature, it also reviews data on events that actually occur through observation activities and so on. The purpose of this study is to analyze legislation and examine cases that have occurred in Indonesia regarding the legitimacy of regional heads in the implementation of regional government in accordance with democratic principles. The conclusion of this study is that based on the analysis of several laws regarding regional heads in the implementation of regional government and based on the analysis of cases of regional heads in leading regional government, they are not yet legitimate and are not in accordance with the principles of democracy
State Authority In The Digital Society And E-Commerce Regulation Suryadi, Rohmad; Oktaviana, Lusi; Herwiyanto, Herwiyanto; Nurhayati, Nunik
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7457

Abstract

This study critically analyzes the role of the state in the digital society through e-commerce policy, focusing on Indonesia’s Minister of Trade Regulation No. 31 of 2023. Using a normative juridical method with regulatory inventory, systematic legal norm analysis, legal interpretation, and normative evaluation approaches, the research examines how this regulation addresses the transformation of trade activities in the digital era. The findings reveal that the regulation affirms the state's dual role as regulator and protector within the digital ecosystem by stipulating business licensing requirements for domestic and foreign actors, enforcing consumer protection, implementing affirmative policies for MSMEs, regulating electronic advertising, and strengthening law enforcement against violations. The study’s novelty lies in its integrative analysis combining juridical and public policy perspectives, highlighting that effective e-commerce governance requires synergy between digital law frameworks, business actors’ digital literacy, and strengthened institutional capacity of the state to ensure an inclusive, fair, and sustainable digital ecosystem. It recommends enhancing business actors' literacy on digital legal compliance and bolstering state institutional capacities in supervision and enforcement to maximize the strategic objectives of e-commerce policies, thereby supporting Indonesia's digital sovereignty and economic transformation.
Analysis of Religious Values as the Foundation of a Simple Life among the Bajo Community Taheriah, Nuragifah; Salam, Shinta Nurhidayati
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7738

Abstract

The life of the Bajo community is inseparable from the sea, characterized by simplicity and guided by religious values, specifically Islam, which is the faith of the Bajo people in Indonesia. According to data from the Central Bureau of Statistics, the religious composition in Indonesia consists of 87.2% Islam. This study examines the simple lifestyle of the Bajo community as a manifestation of religious values in their daily lives. The research was conducted in Bajo settlements in Kelurahan Bajoe, Kecamatan Tanete Riattang Timur, Kabupaten Bone, and Desa Samabahari, Kecamatan Kaledupa, Kabupaten Wakatobi. The study employed both primary and secondary data. Data collection techniques included literature review and field studies through direct interviews. Data were analyzed qualitatively. The analysis reveals that the simplicity of the Bajo community is closely related to the living norms within their society. These include religious norms manifested in contentment with what they have; moral norms reflected in maintaining traditions while upholding religious values; norms of courtesy demonstrated through hard work and mutual respect, fostering social harmony; and legal norms, evidenced by living within their means and avoiding excess. In conclusion, simplicity in the life of the Bajo community is not merely a lifestyle but represents a deeply rooted religious value that permeates every aspect of their existence. It ensures balance in their relationship with nature, fellow humans, and God in the utilization of marine resources.
Comparison of Personal Data Protection Laws Indonesia and Thailand yuspin, wardah; Tampawestri, Miranti Kusretno; Jati, Ridho Bawana
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7286

Abstract

The era of globalization puts information technology in an important position because it can create a part of the world without any restrictions, distance, space, and time and can increase work productivity and time efficiency. The importance of personal data protection has become stronger by increasing number of cell phone and internet users. The emergence the leakage of personal data realizes the protection of personal data is very important because it involves the concept of one’s privacy. This research uses juridical-normative approach method by examining and analyzing legal aspects and comparing laws and using descriptive research type. This research aims to examine at Indonesian and Thai laws protecting personal data in providing sanctions for personal data violators and personal data supervisors. Indonesia has not officially had a personal data protection supervisory body in the PDP Law has not regulated a special supervisory body for personal data protection. In Thailand’s PDPA, the supervisory body is clearly regulated. Sanctions for violators of personal data protection in the PDP Law and PDPA both have criminal and administrative.
Legal Protection Of Investors In Mutual Fund Investment: Contract Models and Legal Resolution Sulaiman; Dwi Handini , Fijra
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7609

Abstract

The development of digital technology and economic growth has encouraged the increasinginterest of Indonesian people in investment, especially through online-based mutual funds.Mutual funds are attractive investment instruments because they are managed by professionalinvestment managers, offer portfolio diversification, and have high accessibility. Nevertheless,this investment still carries risks, both from market fluctuations and potential abuse of authorityby the manager, such as manipulation of financial statements. Therefore, legal protection forinvestors is an important aspect to create certainty and security in investing. This research aimsto analyze the forms of legal protection available to mutual fund investors based on Indonesianlaws and regulations, as well as identify legal remedies that can be taken in the event of lossesdue to negligence or fraud by investment managers. Through normative studies, it is found thatalthough there are regulations governing investor protection, such as Law Number 8 of 1995concerning Capital Markets, there is still a need to strengthen supervision and assertiveness insanctioning to increase the effectiveness of such protection. This study emphasizes theimportance of strengthening regulations and public education to encourage the growth ofhealthy, fair, and sustainable mutual fund investment in Indonesia.
Handling Minor Crimes Through Restorative Justice As A Form Of Efficiency In The Makassar Police Alqadri Syarif, Andi Muhammad; Fachri, Muhammad; Bin Fatahillah, Irfan Marhaban
Jurnal Hukum Volkgeist Vol. 9 No. 2 (2025): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i2.7743

Abstract

This study explores the implementation of restorative justice as a form of efficiency in handling misdemeanor cases at the Makassar Police. The need for humane and efficient justice for the handling of minor crimes, where the restorative approach is an alternative that is increasingly encouraged. The purpose of this study is to analyze the handling of misdemeanor crimes through restorative justice as a form of efficiency in the Makassar Police by identifying the implementation of restorative justice for misdemeanor cases and the factors that hinder their success. The method used is a qualitative approach with a descriptive design, which involves data collection through literature studies and interviews related to the implementation of restorative justice in the institution. The results of the study show that the use of restorative justice is able to accelerate the resolution of minor criminal cases, increase the sense of justice for victims and perpetrators, and reduce the burden on the formal justice system. However, its implementation is still hampered by several factors such as abuse of authority from investigators and public resistance
Legal Review Of Contract Design Obligations Based On The Principle Of Good Faith And Negotiation Responsibility SULAIMAN, SULAIMAN; Akbar Taufik Amrullah; Juliana
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8106

Abstract

The principle of good faith is a fundamental doctrine in Indonesian contract law, applying not only during the performance of a contract but also at the pre-contractual stage, particularly in negotiation and contract drafting. This study analyzes the regulation, application, and legal obligations arising from the principle of good faith before a contract is concluded, including the duties of disclosure, confidentiality, and serious negotiation. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that violations of good faith during negotiations may result in legal liability through tort based on the doctrine of culpa in contrahendo. Thus, the principle of good faith functions as a corrective mechanism to contractual freedom and as a protective instrument for weaker parties within contractual relations.
The Drafting of Legal Contracts as an Instrument of Legal Certainty and Protection Agung, Agung Abdul Rahman Wiyono; Purwaningtyas, Lovika Augusta
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8266

Abstract

Contracts are legal instruments that play an important role in creating legal certainty and protection for parties in civil and business relationships. Problems that often arise in practice are unclear clause formulations, imbalance in bargaining positions, and a lack of understanding of the principles of contract law, which have the potential to cause disputes. This study aims to analyze the drafting of legal contracts as instruments of legal certainty and protection. The method used is normative legal research with a legislative and conceptual approach, through a literature study of primary, secondary, and tertiary legal materials. The results of the study show that contract design that meets the requirements of a valid agreement as stipulated in the Civil Code and is based on the principles of freedom of contract, consensualism, good faith, and balance is capable of providing legal certainty and legal protection in a preventive and repressive manner. Thus, contracts that are designed systematically, clearly, and proportionally not only function as evidence but also as strategic instruments in creating fair, stable, and certain legal relationships.
Legal Issues of Land Rights in Post-Liquefaction Red Zones in Palu City Yanji, Non Sri Febby; Nurul Miqat; Asri Lasatu
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8269

Abstract

The designation of red zone areas after the 2018 liquefaction in Palu City has generated complex legal consequences for community land rights. This study examines how the red zone policy affects the legal status and protection of land rights holders and identifies the key normative and empirical problems that hinder the realization of legal certainty in the affected areas. A normative-empirical research design was employed, combining a statutory and conceptual approach with field data obtained from the Palu City Land Office and other relevant stakeholders. Data were analyzed qualitatively using deductive and interpretive legal reasoning. The findings indicate that the implementation of the red zone policy has not yet provided substantive legal certainty, as the government tends to prioritize relocation through permanent housing schemes while pressuring owners to relinquish their civil rights through grant-based mechanisms. The research also reveals juridical disharmony between spatial planning regulations and the guarantee of property rights under agrarian law, resulting in a “frozen” legal status of land and prolonged uncertainty. To restore legal protection, a land acquisition scheme with fair compensation is required as a more coherent and rights-based solution. Keywords: Land Rights; Legal Certainty; Liquefaction; Red Zone
Legal Protection In The Sale And Purchase Of Online Game Accounts Prohibited By Developers: A Normatif Study Of Mobile Legends. Baihaqi, Muchammad Ariqul; Yudhantaka, Lintang
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8270

Abstract

The development of digital technology has spurred the emergence of the practice of buying and selling online game accounts, including in the game Mobile Legends. This practice is widely carried out by the public even though it is explicitly prohibited by the developer through the Terms of Service. This study aims to analyze the legal status of online game account sales and purchase transactions based on Indonesian civil law and to examine the legal remedies available to aggrieved parties. The research method employed is a normative legal approach using statutory and conceptual frameworks. The findings indicate that the buying and selling of online game accounts fall into a legal gray area because they are not explicitly regulated by law, yet they can still be analyzed through the provisions of the Indonesian Civil Code regarding contracts. On the other hand, prohibitions by developers create a conflict of norms between civil law and private contractual provisions. Legal remedies that can be pursued include litigation and non-litigation avenues, although their effectiveness remains limited. Therefore, clearer legal certainty regarding digital asset transactions in Indonesia is needed.

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