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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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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

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