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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 222 Documents
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Redesain Pengisian Jabatan Menteri Dalam Sistem Presidensial Di Indonesia Yanto, Andri; Nugraha, Harry Setya
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2508

Abstract

The filling of ministerial positions in the presidential government system must be based on the pleasure of working and not because of political considerations or imbalances in the support of the President's groups or political parties. In fact, the filling of ministerial positions in Indonesia has so far been carried out using a political approach. The methodology used is a normative juridical research method, with a statutory and conceptual approach. The results of the discussion and conclusions of this study are first, the minister's task load is a lot of political dynamics; secondly, the filling of ministerial positions does not occur democratically; and third, new design ideas in filling ministerial positions include the requirements needed to be appointed as ministers, affirmation of the limitation of concurrent positions, and must first conduct a fit and proper test.
Underwater Drone: Aset Militer, Perangkat Penelitian dan Kedaulatan Putra, Akbar Kurnia; Faradilla, Afrilia; Sipahutar, Bernard
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2509

Abstract

This article aims to analyze the regulation of the use of underwater drones in international law from the perspective of Indonesian law. This article concludes that the regulation regarding the use of underwater drones that cross national borders has not been specifically regulated both in international law and in national law. Therefore, it is necessary to make special arrangements regarding the use of underwater missiles in terms of attack, spying, and collecting marine data so that foreign countries do not freely operate underwater drones in the territorial sea of ​​other countries and do not violate the right of peaceful passage as regulated. in UNCLOS 1982. In the future, the government needs to strengthen the maritime security system in Indonesian territory and take firm action against persons involved in the entry of foreign military assets into Indonesian territory. Key Words: International Law, UNCLOS 1982, Underwater Drone
Calon Presiden dan Wakil Presiden Independen: Studi Perbandingan dan Tawaran Implementasinya di Indonesia Pambudi. S, Rilo
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2653

Abstract

The stagnation of discussions to accommodate independent presidential and vice-presidential candidates may be because an appropriate pattern of implementation has not been found. Therefore, it is important to learn from best practices in other countries. From this comparison, it is hoped that this will be the basis for the idea of implementing it in Indonesia. To discuss this, this paper uses a combination of statute approach, conceptual approach, and comparative approach. The results show, first, that the United States and Egypt are more flexible in managing the nominations for President and Vice President by implementing a multi-track system. Second, there are two implementation models that can be adopted, namely public support and nominations by state institutions. In the Indonesian context, both can be applied with some adjustments because in principle they have been practiced.
Dimensi Desentralisasi Analisa Pola Hubungan Kewenangan Dalam Pengelolaan Pertambangan robuwan, rahmat; Wirazilmustaan, Wirazilmustaan
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2713

Abstract

This research is motivated by the implementation of decentralization in a country that cannot be separated from mineral resources owned by each region. The arrangements of management of mining become an inseparable part in the editorial discussion of the policy directions and thw arrangements of regarding decentralization. The Regions that have the potential for explorative natural resources are faced with a complicated situation and full of pros and cons when discussing about mining in their area. The revised of the act of regional government certainly contributes to the political of decentralized law and the arranggement of mining. The relationship between the central government and regional governments, especially the provinces in mining management based on the Act of Mineral and Coal must receive special attention, because it has a direct orientation towards the perspective of decentralization. To discuss these issues, conducted by normative legal research method with the statute approach. The authority of the central government in managing mineral and coal mining has a paradigm of decentralization that is felt to be getting stronger. Exceptions to government affairs which by acts are determined as central government affairs are the constitutional basis of legislators as the basis for decentralization
Independensi Pengawasan Anggota Lembaga Perlindungan Saksi Dan Korban Satrio, Ndaru; Toni, Toni
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2726

Abstract

The problem in question is the independence of supervision of LPSK members. This is related to the mechanism for forming an advisory board and an ethics board that affects the pattern of supervision of LPSK members when it is correlated with the determination of LPSK members who are suspected of committing disgraceful acts. The analytical knife used is independence. The formation of this advisory board and ethics board must go through a selection formed by the President. The reason for the formation of the advisory board and the ethics board must go through a selection mechanism by the selection committee that forms the president, so that the supervision carried out within the LPSK becomes more independent.
Implikasi Afwezigheid Serta Kedudukan Hukum Orang Tidak Hadir Di Dalam Perkawinan Bin Tahir, Syarifah Amalia; Franata, Robby Putri Aulia; Sidiq, Mada Ali Haykal
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2775

Abstract

A state of absence (Afwezigheid), which is a state where a person is not exist at the place of residence for a certain period of time. A person who is declared as afwezigheid results in his position according to the Civil Law being considered as juridical death, this causes their rights and obligations to be potentially deleted. In this modern world with rapidly developing technology make it easy for people to connect with each other, and barriers of communication are not a cause for concern anymore, but there are riot events such as natural disasters that cannot be avoided that can make a person being able to declared as afwezigheid. Afwezigheid has serious implications for the fulfilment of one's rights and obligations, for example in marriage. The marital status of the absent person (Afwezig) has the potential to end and result in the transfer of rights and obligations such as marital property, inheritance and alimony of children, because the person’s status is equivalent to death. Based on the Burgerlijk Wetboek, afwezigheid issues need to go through a process and require a court decision regarding the status or position of an afwezig on ​​a request by the interests. New problems will also arise when the afwezig return when their rights and obligations have been removed and are transferred. As well known, court decisions that have legal force can no longer be contested. Thus, the fate of those the absent person afwezig depends on the court's decision, because until now, there are no rules that explicitly regulate about the afweziheid.
Ambiguitas dan Inkonsistensi Kedudukan serta Kewenangan Wakil Kepala Daerah dalam Sistem Pemerintahan Daerah Hariansah, Syafri; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2849

Abstract

This research is addressed to theoretically examine authority and position of deputy head of region in local government system in the post-reform time, in particular by using Philipus M Hadjon's authoritative theory as an analytical tool. We apply normative juridical approach through analysis of theory, concepts, legal principles as well as law and regulation which have correlation with this research. Our result shows that the authority of the deputy head can be achieved in three different ways: first, direct or explicit power governed by the law, second and third through delegation and mandate from higher authority (e.g. regional head), respectively. Interestingly, we notice that most of the tasks are unfortunately mostly in assisting mode, while we argue that this can be also carried out by local secretary. This power overlapping could actually create ambiguity and further have implication in the urgency of deputy head position in the regional government system.
Penyelesaian Tindak Pidana Ilegal Fishing: Asas Manfaat Diwilayah Hukum Pengadilan Perikanan Tanjungpinang Efritadewi, Ayu; Syahputra, Irwandi; Novianti, Tri; Nuraiani, Lia; Widiyani, Heni
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2931

Abstract

The status of fish evidence resulting from the crime of illegal fishing in the last three years At the Tanjungpinang District Court, it was destroyed during the investigation stage. The purpose of this research is to find out the obstacles and legal settlement of fish resulting from the criminal act of Illegal Fishing in a review of the principle of benefit. The research method to be carried out is empirical juridical research. Juridical settlement of fish resulting from the criminal act of Illegal Fishing in the review of the principle of benefit at the Tanjungpinang Fisheries Court can actually be carried out through auctions and grants. Barriers to the use of fish resulting from the criminal act of Illegal Fishing at the Tanjungpinang Fisheries Court, namely the caught fish are mostly rotten before the legal case is completed or a court order is issued, The next problem is if the fish are auctioned, most of the fish are not sold, Another obstacle PSDKP Batam does not have a place frozen freezer storage for the fish. Another way to store the caught fish is to rent a place to the private sector, but the price associated with the rental will be of high value and will be detrimental to the State.
Permasalahan Yuridis Penentuan Pelaku Utama Dalam Pemberian Justice Collaborator Sebuah Tindak Pidana Tertentu Harahap, Mar’ie Mahfudz; Anwar, Reski Reski
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2943

Abstract

Abstract Justice collaborators are very much needed by law enforcement in uncovering certain criminal acts. The fact is that in the formulation of the justice collaborator arrangement in the law, especially the problem of determining the main actor, there are still many juridical problems that have an impact on its application and implementation. This research is classified into normative legal research (normative juridical), using primary legal materials and secondary legal materials. The approach used is a statutory approach to review all relevant rules and regulations. In this study, we will discuss the problem of legal arrangements related to the provisions for determining the provision of a justice collaborator for a particular crime, and the juridical problem of determining the main actor in the provision of a justice collaborator for a particular crime. The findings in this study indicate that there is no juridical definition of the main actors who cause legal problems at the level of norms and practice. The next finding is the difference in perception and the unclear determination of authority to determine the main actors between law enforcers which results in legal uncertainty. Keywords: Juridical Problems, Main Actor, Justice Collaborator, Certain Criminal acts.
KEPEMILIKAN PROPERTI BAGI WARGA NEGARA ASING YANG BERKEDUDUKAN DI INDONESIA Khasanah, Dian Dewi
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2999

Abstract

In principle, only Indonesian citizens can own land in Indonesia. With the government's program to improve development and the Indonesian economy by promoting investment by bringing in foreign investors, the government issued a policy to regulate property ownership for foreign citizens who wish to own a residence in Indonesia. Property that can be owned by foreign nationals can only be owned with the status of Right to Use and Right to Rent for a certain period of time. The purpose of this limitation of the period of property ownership for foreign nationals is to protect land owned by Indonesian citizens from various exploitation and covert foreign domination. Ownership of property by foreign nationals is regulated in various laws and regulations and their implementing regulations. With the issuance of these various regulations, it is hoped that there will be harmonization between property ownership arrangements for foreign citizens and residential ownership for Indonesian citizens.

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