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Dr. Derita Prapti Rahayu, S.H., M.H.
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Fakultas Hukum, Kampus Terpadu Universitas Bangka Belitung, Desa Balunijuk, Kecamatan Merawang, Bangka
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PROGRESIF: Jurnal Hukum
Published by Universitas Bangka Belitung
ISSN : 19784619     EISSN : 26552094     DOI : https://doi.org/10.33019/progresif
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PROGRESIF merupakan jurnal hukum yang dikelola oleh Fakultas Hukum Universitas Bangka Belitung. Jurnal ini berisikan artikel hasil penelitian dan pengakajian di bidang ilmu hukum. Jurnal ini terbit sebanyak dua kali dalam satu tahun, yakni pada bulan Juni dan Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 223 Documents
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KEPASTIAN HUKUM BAGI PARA PIHAK PEMEGANG SURAT TANDA BUKTI ATAS TANAH BERUPA SERTIFIKAT HAK MILIK DITINJAU DARI HUKUM AGRARIA: (Studi Putusan Pengadilan Negeri Sungailiat Nomor 03/Pdt.G/2012/Pn.Sgt) Muhammad, Naufal; Agustian, Rio Armanda; Salfutra, Reko Dwi
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i1.955

Abstract

Verdict Sungailiat Court Number 03/Pdt.G/2012/PN.Sgt in the verdict has stated the defendant (Feng Jung) has committed acts againts the law by certifying a plot of land to a National Land Agency of Bangka Regency on the Right Certificate Number 2305 was issued by the National Land Agency if Bangka Regency in 2003, but was sued by the plaintiff (Tjong Ana) in 2012. The results of research, Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1997 have been fulfilled by defendant in conducting process of land registration of Certificate of Property Number 2305 so that this provision is absolutely to run and about absolute authority to run about absolute authority of judge, that a judge of a Public Court is not authorized to declare a Certificate of Property Number 2305 has no legal force, and certificate that is a powerful evidentiary tool has become an absolute if element of Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1977 has been fulfilled.
REFORMULASI KEWENANGAN MPR PASCA AMANDEMEN UUD NRI 1945 Haryadi, Dwi
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i1.956

Abstract

People’s consultative assembly (MPR) from the beginning is formed as an institution with consensus principle, a principle of people’s consultative through consultative agency. The position and the authority of consultative agency started to change significantly after the amandements of 1945’s constitution. Even some opined that people’s consultative assembly is no longer required. There are several important issues that will be discuss as the main topic in this paper. First, development planning vs broad outlines of the nations direction (GBHN). Second, the authority of people’s consultative assembly to set the regulating provisions. Third, the authority of people’s consultative assembly to provide a constitutional interpretation. Fourth, this assembly reviewed it’s own provisions. Fifth, this assembly issued a decree inaugurating of president and vice president. These fifth reformulation issues are crucial among the dynamics of our state administration system and our current conditions, also in order to strengthen the functions of the people’s consultative assembly as a center for people's representation.
REDISTRIBUSI KEKUASAAN NEGARA DAN HUBUNGAN ANTAR LEMBAGA NEGARA DI INDONESIA Robuwan, Rahmat
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i1.957

Abstract

The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Council (DPR), the President, the Supreme Audit Agency CPC, the Supreme Advisory Council (DPA) and the Supreme Court with the vertical power distribution. Following the amendment to the state institutions teridir of the President, the People's Consultative Assembly (MPR), House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Audit Agency (BPK), the Supreme Court (MA), and the Constitutional Court (MK) with distribution horizontal power - functional. The distribution of power still has a problem among others, the discontinuity in the distribution of state agencies ranging from the overlapping powers of the president in participating deliberating the bill with the House, the confusion related to the division between the authority of the Supreme Court and the Constitutional Court in the perspective of the state administration, the inconsistency of the parliamentary system that it wants to apply and the lack of authority DPD in parliament.
HUKUM PERDATA INTERNASIONAL INDONESIA BIDANG HUKUM KELUARGA (FAMILY LAW) DALAM MENJAWAB KEBUTUHAN GLOBAL Rahayu, Derita Prapti
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i1.958

Abstract

In the current era of globalization and internationalization where economic, social and cultural developments have caused international relations to be infinite which can lead to civil disputes which give rise to the meeting of legal systems of countries in the world that have their own characteristics related to International Private Law. Hopefully there will not be many problems that arise if disputes over different citizenship civilizations are resolved through Alternative dispute resolution. Although when the Al forum decision on alternative dispute resolution was not carried out voluntarily by the parties affected by the execution, the execution of such decisions became the competence of the district court. Especially if the arbitration forum ruling was dropped outside Indonesia, then when the decision is to obtain recognition and execution within the jurisdiction of the Republic of Indonesia, the decision must first obtain an exequature from the Chair of the Central Jakarta District. Court. But the situation will be different if the dispute is not resolved through Alternative dispute resolution but is left to the court authorities to resolve it, it will be different.
IMPLEMENTASI TANGGUNGJAWAB REKLAMASI PERTAMBANGAN TIMAH DI PULAU BELITUNG Haryadi, Dwi; Darwance, Darwance; Salfutra, Reko Dwi
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.972

Abstract

Mining is one of the sectors that becomes an economic country’s support until now. Environmental issues is kind of difficult things and can’t even be separated from mining activities. Belitung island is as part of the largest tin-producing province in Indonesia that has been exploited since the 18 century. It also has experienced the environmental crisis as well as other mining areas has in Indonesia. This research is conducted as an effort to discover and unravel the problematic implementation of reclamation on the ex-tin mine’s land in Belitung Island by using a conceptual approach and legislative approach. Based on the observation’s result, it shows that the reclamation’s result in Belitung Island has not been successful. Data from PT Timah (Persero) Tbk about the reclamation in Belitung Island also shows that the realization is far from the plan. There is no target that achieved successfully every year, also there is no reclamation that reaches 50 percent, the maximum is only 25 percent in 2016. th
MENAKAR PROGRESIFITAS LEMBAGA PERADILAN DALAM MEWUJUDKAN DEMOKRASI BERINTEGRITAS Rizqi, Alda Rifada
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.973

Abstract

Democracy with integrity will be realized if carried out in accordance with the will of the people as holders of sovereignty, the KPU (Komisi Pemilihan Umum) as the election organizer has the authority to make regulations that support a better democracy. KPU (Komisi Pemilihan Umum) Regulation No. 20 of 2018 as evidence that the KPU is committed to participating in preventing corrupt behavior. It was considered to have been considered as an effort to protect the interests of the people, but the regulation was submitted to a judicial review at the Supreme Court. Then, based on legal-formal considerations and based on the legal positivism of the Supreme Court, the request for the test is granted. The decision distanced itself from progressive legal values that justified the denial of what was regulated in legislation in order to put forward the values of public justice, because basically the law was made to fulfill human interests, accommodating the will of the people for the sake of order.
PEMBUKAAN LAHAN PERKEBUNAN PERSPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK AGRARIA (STUDI TERHADAP PEMBUKAAN LAHAN PERKEBUNAN LADA DI DESA PASIRPUTIH, KECAMATAN TUKAK SADAI, KABUPATEN BANGKA SELATAN) Darwance, Darwance; Salfutra, Reko Dwi; Yokotani, Yokotani
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.975

Abstract

Most People around this country must have their own ways and mechanism for land issues before the form of written legislation is being publicized including people in Bangka Island. For example, the plantation land in Pasirputih Village, Tukak Sadai District, South Bangka Regency is arranged orderly. There are several requirements that must be obey in order to open the plantation land, such as they must be ‘herenteng’ (equal) between one plantation land and others. Besides, there are several prohibitions when opening the plantation land that shouldn’t be break by the people, those are ‘apit’ and ‘kaet’. These prohibitions are not written, but still being obeyed by the people. Something that is still maintained in this area is interesting to examine from the perspective of law number 5 of 1960 that is concerning the Basic Regulations of Agrarian (UUPA).
KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS Robuwan, Rahmat; Wirazilmustaan, Wirazilmustaan; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.976

Abstract

State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent.
HAK ASASI MANUSIA DALAM PERSPEKTIFFILSAFAT HUKUM Salfutra, Reko Dwi
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.977

Abstract

Human Rights is a moral principle and its justification is in the philosophical moral.Understanding of human rights in the perspective of philosophical morality is believed to find the correct or at least deepening arguments for understanding the truth of human rights.Pancasila as the ideology of the Indonesian contains the idea that humans are created by God by carrying out two aspects, namely aspects of individuality and aspects of sociality. Therefore, everyone’s freedom is limited by the rights of others. This means that everyone has the obligation to recognize and respect the human rights of others.
DESAIN OTONOMI DAERAH DALAM KERANGKA PENEGASAN SISTEM PEMERINTAHAN PRESIDENSIAL Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.978

Abstract

This research is entitled “Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation:. This research is motivated by the decentralization of Indonesia which has unsymmetrical, because of the existence of specific nd special regions, further more in terms of the presedential government system there is a problem in the development of its subsystems up to regional government. Thus, understanding is needed to understand th reality and redesign of regional autonomy in regional head elections, specific and special regions, and in order to reaffirm the presidential government system in an effort to build relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal. Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems, By Rio Armanda Agustian. Abstract this research is entitled Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation. This research is motivated by the decentralization of Indonesia which has symmetricity, namely the existence of special and special regions, then if viewed from the presidential government system there is a problem in the development of its subsystems to regional government. Thus, understanding is needed to nderstand the reality and redesign of regional autonomy in regional head elections, special and special regions and in order to reaffirm the presidential government system in an effort to built relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal, because the data search is done by reviewing local government law and legislation related., and the data also related to the privilege and specificity of the region. The results of this study is themiddle solution to solve the problem can also be done by direct appointment of the governor by the president, although this is very unpopular and very risky politically, but if it starts with rational reasons, surely the people in the area will accept, and of course with a low cost as well. The direct appointment is very necessary for the president so that relations with the governor as an extension of president’s hand will be stronger.

Page 15 of 23 | Total Record : 223

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