Jurnal Hukum Volkgeist
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
Articles
246 Documents
<![CDATA[Legal analysis of the application of raw clause in an agreement ]]>
<![CDATA[Rustam, Rustam]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.123
<![CDATA[The standard agreement for its existence is recognized in trade traffic and has become a habit and need of the community. juridically but the standard agreement does not realize the principle of freedom of contract in full. Because consumers to obtain goods or services needed only have two choices, namely accepting or rejecting the standard agreement. While the principle of freedom of contract prioritizes the freedom and equality of every human being. the principle of freedom of contract also implies that the community has the freedom to make agreements in accordance with their respective interests. The principle of freedom of contract is a principle that gives every person the freedom to make or not make an agreement, make an agreement with anyone, determine the contents of the agreement, the implementation and requirements and determine the form of the agreement, namely written or oral. In general, the form of legal protection against the implementation of the standard agreement has been regulated in Article 18 of Law Number 8 of 1999 concerning consumer protection. The regulation is to provide legal certainty to all the needs of consumers / debtors and to defend their rights if they are harmed by business actors especially in the implementation or implementation of standard agreements.]]>
<![CDATA[Devotional response that arises in the agreement between the captain gold driver with the TPI grab's participants ]]>
<![CDATA[Akbar, Hishom Prastyo]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.124
<![CDATA[The emergence of the phenomenon of Taxi Online / Motorized Vehicles Not in Route Like the welcome for consumers of financial institutions, especially the ease of procession of registering vehicles for online taxis certainly adds to the passion of the community to run this business, unfortunately not only the benefits that may be obtained by financial institutions business activists consumers but also risks, Bisnis Taxi Online as the application seller does not require registration of vehicle status in detail, regarding whether the vehicle registered is an object of fiduciary guarantee or not. Responding to the need for a vehicle with a secure credit system, Grab as one of the giant companies in online transportation mode, has raised / collaborated with companies known as Indonesian Transportation Technology / TPI Preferred Grab's Partner, as a driver / driver business partner by offering ease of ownership vehicles for taxi purposes online through the Gold Captain program.]]>
<![CDATA[Criminal law policy about KPK authorities in the perspective of criminal action in corruption in Indonesia ]]>
<![CDATA[Ilham, Ilham]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.125
<![CDATA[Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..]]>
<![CDATA[Legal review of the implementation of work safety and health atpt multi nabatimaleo unit, pohuwato district ]]>
<![CDATA[SULAIMAN, HERLINA]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.126
<![CDATA[Implementation of Occupational Safety and Health at PT. Multi Nabati Unit Maleo is done by Enviromental Unit, Health and Safety. EHS is a policy applied by PT Multi Nabati Unit Maleo in providing protection for the safety and health of its workers. EHS is a direct handle or the first handle if there is an accident and also work to make preventive efforts to prevent accidents. In addition, the company develops the health and work safety management system (SMK3 & L). The efforts undertaken by PT Multi Nabati To reduce the risk of occupational accidents by applying: Engineering (engineering), Administration (administration) and Labor must use APD (Personal protective equipment).]]>
<![CDATA[Legal aspects of changes in the calculation of the marisa national saving banks of marisa branch interest calculation methods ]]>
<![CDATA[Nasrullah, Nasrullah]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.127
<![CDATA[Banks as legal entities must also pursue profits. And one source of bank income is the interest on loan loans that have been channeled to customers. And if the bank's revenue target is threatened because the value of the rupiah weakens or floats, the bank is basically allowed to raise lending rates as long as it does not exceed the limit set by the government in this case the Financial Services Authority ... But the facts that occur in this case are not in context changes or adjustments in loan interest rates with rupiah value. But the change in the method of calculating credit interest rates from the type of effective calculation becomes an annuity calculation. So that changes in the method of calculating interest rates should not be done without an agreement from both parties.The Marisa Branch National Pension Savings Bank has carried out defaults since the first credit agreement, changes to the second credit agreement, and arrived at a change in the third credit agreement for changes in interest rates. Thus, of course this has legal consequences that must be borne by the party who defaults, in this case the National Pension Savings Bank. Then the actions of the bank are included in the category of actions that cause losses to debtors due to default of creditors (BTPN), so that the legal consequences can be by canceling the agreement along with guri change or by fulfilling the agreement accompanied by compensation.]]>
<![CDATA[Reconstruction of law criminal development on victims of restoration as form of renewal Criminal law ]]>
<![CDATA[Amrullah, Muhammad Salam]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.128
<![CDATA[The crime of rape carried out by people, experiencing a development in criminal law, the formulation of offenses in the Criminal Code makes the criminal act, does not give a sense of justice to victims where the threat of punishment is relatively small and there are multiple interpretations of legal norms, while victims suffer a psychological loss which makes the victim lose his identity. In addition, the scope of the multi-interpretive criminal reparations is due to the unclear norms which regulate, for example, the category of rape itself. This research is a normative legal research that examines relevant laws and regulations and conceptualizes the law as the norm. From the results of the study found the unclear norms stipulated in article 285 of the Criminal Code, which resulted in the application of law enforcement to victims resulting in legal uncertainty, an increasingly broad category of actions while the legal norms did not specify the actions of the rape, from the results of the research the revision of the Criminal Code as a form of renewal of criminal law specifically article 285..]]>
<![CDATA[The pohuwato resort policy efforts in responding the threating of motor vehicles in the district region ]]>
<![CDATA[LAMPATTA, MUHAMMAD RIZAL]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v3i2.129
<![CDATA[Efforts are being made to combat criminal acts of theft in the Pohuwato Regional Police jurisdiction, namely through Pre-emptive efforts, preventive measures and repressive efforts. Operations carried out to combat motor vehicle theft, namely: K2YD Patrol (enhanced police activities), competitive Patrols, and Ranmor Patrol. (2) The Constraints Faced by the Police in Addressing Motorized Vehicles In the Pohuwato Regional Police's Legal Area are Internal Constraints consisting of incomplete Facilities and Infrastructures, Interrupted Information Networks, inadequate members of the police in terms of demand, and support for voting. And External Constraints which consist of a lack of evidence and elections, communities that support the Police, and supporting facilities at the crime scene are inadequate.]]>
<![CDATA[Tinjauan Yuridis Pelakasanaan Perkawinan Walian Tondo (Turunan Raja) Berdasarkan Hukum Adat Kulisusu Utara Kabupaten Buton Utara ]]>
<![CDATA[Haniru, Laode]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v1i2.82
<![CDATA[Marriage aims to form a happy family and everlasting. Marriage requires careful consideration in order to persevere in the long periods of time in a relationship as husband and wife. Indispensable attitude of tolerance and put yourself on the proper role. One example of such marriages, i.e. marriage down the bed. Marriage down bed (Walian tundra) frequently took place in the area of North Buton to the culture. Therefore, researchers are interested in writing a research on the status and validity of the marriage bed down according to customary law. (studies in North buton). In this study the author uses the method of normative legal research i.e. research approach the problems and legal norms in force. Legal norms that apply to that form of positive written legal norms such as the Constitution, laws, government regulations and so on. Research results show that implementation of the marriage walian tondro (down bunks) based on customary law Kulisusu Sub-district in Waode village of Buri North Kulisusu can occur if the following: a) the already existing agreement of husband and wife when the wife is still alive, that when I died (wife) then you (the husband) must be married with the sister of girs as a substitute for the mother of our children and this should be known to be mutually agreed by both parties in defense. In the sense that there must be a will from the wife. b) after it is accepted then the two sides will carry out walian tondro (mate's bed). C) Covenant of marriage anniversary match existing Covenant of marriage (islam). D) wedding reception. There are several reasons underlying the onset of mating walian tondro (down bed) so that the wife can provide replacements for descendants as the legitimate successor of the family.]]>
<![CDATA[Perlindungan Konsumen Terhadap Makanan Pangan Industri Rumah Tangga ]]>
<![CDATA[Ernawati, Ernawati]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v1i2.84
<![CDATA[Consumers have the freedom to determine the type and quality of the goods/services in accordance with their needs. Food safety, quality problems and the impact of irregularities, as well as the strengths, weaknesses, opportunities and threats in the development of food industry quality system is a shared responsibility as the consumer protection efforts. The method in this research using qualitative methods. The research results showed that consumer protection conducted by government agencies and other institutions in the following way i.e. perform monitoring of food products by giving the number of the PIRT against businessmen who are qualified and have previously received counseling about the food products that may be released, as well as to provide warning and withdrawal of products that contain a positive dye textiles. The efforts made by the North Buton Regency POM Halls namely collaborates with government agencies and Institutions Consumers North Buton Regency to do surveillance, sampling and testing, guidance products. Trade a proven violation reported to the District Health Office of North Buton for follow up. Restricting factors for the Government and Consumers North Buton Regency in coping with a circulation of foods that contain colouring substances in textiles, namely budget constraints to organise activities agenda so that there are no activities were carried out, bureaucratic system which is still so convoluted follow-up to businessmen.]]>
<![CDATA[ANALYSIS OF THE ERADICATION OF TERRORISM CRIME BY DETACHMENT 88 IN INDONESIA ]]>
<![CDATA[Paputungan, Jayadi]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 1 (2019): DECEMBER ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i1.370
<![CDATA[community anxiety about criminal act of the terrorist. Because of that, The Government makes a Substitution Regulation Act No. 1 of 2002. Afterwards, The Government demands Indonesian Police Chief to make Specific Detachment that called Densus 88, to carry out Regulations Act No. 5 of 2018 on the changes to the Act No. 15 of 2003 about ?The Determination of Substitute Government Regulations Act No. 1 of 2002 Concerning The Eradication of Criminal Act Terrorism.?. Problem Formulations 1) How Densus 88 eradicates the criminal act terrorism? 2) How the actions form of Densus 88 in terms of human rights side? In fact, Densus 88 is not in accordance with the applicable regulation, the field fact shows that many terrorist suspect suffered injuries and even died and it also against the human rights. The research method used normative juridical method; law is seen as a binding rule. The conclusion of this research is the action taken isn?t appropriate with the threats faced, it is not accordance with the law principle and law basis that should be. In addition, it carries out human rights violations which are harmful for the suspect and the terrorist defendant, then the lack of State responsibilities for things that happened.]]>
