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
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246 Documents
<![CDATA[LEGAL PROTECTION AGAINST WOMEN FROM DOMESTIC VIOLENCE IN THE BAUBAU CITY ]]>
<![CDATA[Gurusi, La]]>;
<![CDATA[Nurcahyo, Edy]]>
<![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.v4i1.372
<![CDATA[The fenomenon of domestic violence, especially against women, becomes a serious social problem. Law enforcement is required in order to eliminate domestic violence. The purpose of this study is to find out how the form of legal protection against women as victims of violence in households and to know what factors affect the occurrence of violence in the household. This research method using normative law research method. The data used is secondary data from the Baubau city resort police in 2017. Data were analysis using qualitative analysis. The results of the study indicate that the form of legal protection against women as victims of violence in households is the protection of preventive and repressive law. In two forms of legal protection, preventive law protection is more dominant than repressive.]]>
<![CDATA[ACCESS TO JUSTICE FOR PEOPLE WITH DISABILITIES IN EMPLOYMENT ]]>
<![CDATA[Wicaksono, Imam]]>
<![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.v4i1.402
<![CDATA[Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of normative law research using normative legal case studies in the form of legal behavior products. Persons with disabilities must receive the support needed in the structure of education, health, employment and social services, so that the rights of persons with disabilities are in the perspective of human rights. Normatively, there are actually several legal instruments that have been born to protect the rights of persons with disabilities to work. Law No. 13 of 2003 concerning Employment which forbids discrimination to persons with disabilities The right of persons with disabilities to obtain accessibility contained in Article 18 of Law No.8 / 2016 concerning Persons with Disabilities, namely, obtaining accessibility to utilize public facilities and obtain adequate accommodation as a form of accessibility for individuals. ]]>
<![CDATA[THE ROLE OF VILLAGE COMMUNITY EMPOWERMENT INSTITUTION IN GALANTI VILLAGE DEVELOPMENT OF BUTON DISTRICT ]]>
<![CDATA[Dewi, Indah Kusuma]]>
<![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.v4i1.406
<![CDATA[The village plays an important role in national development not only because most of the people of Indonesia reside in the village, but the village contributes greatly in creating national stability. The purpose of this study was to determine how the role of social institutions and to find out what factors hampered the role of social institutions in developing Galanti Village. The method in this study is juridical empirical, which clearly distinguishes facts from norms, views legal phenomena must be purely empirical, namely social facts, using empirical science methods (qualitative methods or quantitative methods and value-free. The results of the study indicate that the development of villages in Galanti Village can run well according to the Village Medium Term Development Plan. As for the factors that hamper the role of the Galanti Village Community Empowerment Institution is the lack of human resources in developing productive businesses, the lack of knowledge of business groups that have formed in the villages in developing his group's activities and lack of understanding in carrying out their tasks and functions, besides the lack of public knowledge in utilizing various potential local economic development as an alternative effort to increase their income and welfare.]]>
<![CDATA[ELECTION VIOLATION AND ELECTION LAW ENFORCEMENT IN GENERAL ELECTION IN INDONESIA ]]>
<![CDATA[Prawira, Syailendra Anantya]]>
<![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.v4i1.424
<![CDATA[General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution". The Formulation Document that will be formulated in the research are: (1) What is the violation in the general election? And (2) What is law enforcement in general election. The method used in this study is normative legal research, normative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material. Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations. The enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system. The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.]]>
<![CDATA[LEGAL REVIEW OF PROCUREMENT AUTHORIZATION OF THE IMPORTED FRESH FOOD, FRUIT AND VEGETABLE ]]>
<![CDATA[Haerani, Yeni]]>;
<![CDATA[Nurcahyo, Edy]]>
<![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.v4i1.429
<![CDATA[Fresh food products imported fruits and vegetables in circulation that do not meet the requirements in accordance with statutory regulations can endanger human safety because food security is not guaranteed. The existence of a marketing authorization and supervision of imported fresh fruit and vegetable food products is needed to maintain food security. The research method used is the normative legal research method that is the legal research method of literature with the method used to examine existing library materials related to the object examined by the regulatory approach (statue approach). The results showed that before the imported fresh fruits & vegetables food products were circulated, they had to go through several quarantine measures or inspections. After passing the test, they would get a distribution permit for fresh food products along with the registration number on the imported fruit & vegetable label. If the distribution permit for fresh food products is ignored by business actors, they will be subject to criminal and administrative sanctions. The purpose of supervision is to provide protection to consumers and prevent the circulation of imported fresh fruit and vegetable food products that can endanger consumers' health. Keywords: Distribution Permit; Fresh Fruit and Vegetable Products; Consumer Protection]]>
<![CDATA[STATE RELATIONS, HUMAN RIGHTS AND WELFARE: CRITICISM OF TRADE STANDARDIZATION GOODS AND SERVICES ]]>
<![CDATA[Suwardi, Suwardi]]>
<![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.v4i1.448
<![CDATA[Trade is the main driver of development carried out to advance the general welfare as the goal of the country. The state as the executor of economic sovereignty is required to regulate the implementation of trade with due regard for human rights, including the right to obtain welfare. Law No. 7 of 2014 concerning Trade in force currently contains immoral material, namely provisions regarding the standardization of goods and services, as well as provisions concerning criminal acts related to the standardization. For this reason, it is necessary for the politics of legal development to amend trade laws by not including norms of standardization obligations, and to eliminate criminal threats for trading activities.]]>
<![CDATA[ANALYSIS OF INDIGENOUS COMMUNITY CONFLICTS ON ILLEGAL MINING IN BOTAK MOUNTAIN OF BURU DISTRICT ]]>
<![CDATA[Alimin, Laode]]>
<![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.v4i1.451
<![CDATA[The results of the study by the authors of the analysis that there are found 4 factors that influence the occurrence of conflict in the area of Buru Regency mountain gold mining bald. First, there is a struggle for mining land between indigenous peoples. Secondly, indigenous peoples claim land ownership over their customary rights. third, Conflict Policy from the government towards the closure of Mining in the bald mountain area. Of the 3 factors, this is the stage in the problem in the bald mountain until the conflict from the real gold mining is found open until now. The instructions from the Buru Regency Regent followed up by issuing the Regent Instruction Number 1 of 2012 concerning the handling of social disasters as a result of the management of illegal gold mining on Mount Bald in Buru Regency. In this case, in order to follow up on the policy, the two Instructions by the Regional Government agencies along with the Security Apparatus from the TNI and POLRI conducted sweeping in the illegal gold mining area on bald mountain.]]>
<![CDATA[THE PRE-TRIAL APPLICATION GRANTED IN THE CASE OF BUDI GUNAWAN ]]>
<![CDATA[Saputra, Cokky Wijaya]]>
<![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.v4i1.478
<![CDATA[This study tries to analyze cases that have been experienced by prospective police chief Budi Gunawan (BG) on the application of pre-trial which was considered odd in the event of violations in the verdict given by Sarpin Rizal as chairman of the court. This resulted in the KPK not being able to submit another legal effort to sue again, because the pretrial decision was final and binding on a lawsuit case. The analysis method used in this study is a qualitative research method in which data analysis is carried out in a descriptive manner that refers to a particular problem and is associated with existing legislation, namely: 1) The 1945 Constitution of the Republic of Indonesia; 2) Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP); 3) Law Number 48 of 2009 concerning judicial authority. The collection of legal materials is done by library research. Judge Sarpin Rizaldi's decision reaped many irregularities. The irregularity lies in the decision that does not pay attention to the existence of pretrial as stipulated in the Criminal Procedure Code and legislation relating to corruption.]]>
<![CDATA[JURIDISTIC REVIEW OF LAW OF COMMUNITY AWARENESS IN ULUNGGOLAKA VILLAGE IN LAND REGISTRATION ]]>
<![CDATA[Patmasari, Patmasari]]>
<![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.v4i1.495
<![CDATA[This study aims to determine and analyze the legal awareness of the Ulunggolaka community in registering land and to find out and analyze the causal factors so that there are still ulunggolaka urban communities who do not register land. The research method used is empirical legal research that examines primary data obtained from observations, questionnaires, and interviews. The results of this study indicate that the legal awareness of Ulunggolaka Village community in conducting land registration is still relatively low by referring to the answers of respondents who have given their answers based on four legal awareness indicators, namely: (1) Legal Knowledge, (2) Understanding of the law, (3) ) Legal attitude and (4) Pattern of legal behavior. The causal factor so that there are still ulunggolaka urban communities who do not register their land is based on the low legal awareness of the community of the importance of securing assets (land) by obtaining guarantees and legal certainty so that ownership is not strongest and cannot be disturbed, and besides that the community is unable to meet the requirements that must be completed in carrying out land registration, especially proof of the origin of the land, plus the expensive costs and administrative arrangements that are difficult for the community.]]>
<![CDATA[SETTLEMENT OF CRIMINAL MATTERS THROUGH MALAY CUSTOMARY INSTITUTIONS WITH THE CONCEPT OF RESTORATIVE JUSTICE IN LIPAT KAIN KAMPAR KIRI OF KAMPAR REGENCY ]]>
<![CDATA[Elmayanti, Elmayanti]]>;
<![CDATA[Deliana, Evi]]>;
<![CDATA[Rasudin, Nurahim]]>
<![CDATA[ Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Masyarakat ]]>
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DOI: 10.35326/volkgeist.v4i2.417
<![CDATA[Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.]]>
