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<![CDATA[Kepastian Hukum Hak Informasi: Problematika Konsumen dan Rahasia Dagang ]]>
<![CDATA[Kurnia, A Cery]]>;
<![CDATA[Salfutra, Reko Dwi]]>;
<![CDATA[Hanafiah, Syam Dwi]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i1.3000
<![CDATA[This research is a juridical study of the information rights contained in teh Act Number 8 of 1999 of years and the Act Number 30 of 2020 of years. Within the regulatory framework regarding the right to information on a product, it is a legal issue that has caused a lot of polemic in the business sector. One side, consumers have the right to obtain correct, clear and honest information on any goods/services purchased, and the other side, business actors also have the right to close information on goods/services sold on the grounds that they are protected by trade secrets. This research was conducted using a normative juridical method with conceptual approach and normative approach. This research proved, that there is a conflict of norms regarding the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years, so that the regulation of information rights does not bring a legal certainty. Therefore, it is necessary to synchronize the arranggement on the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years.]]>
<![CDATA[Barang Milik Negara: Kebebasan Berkontrak Pada Perjanjian Pemerintah ]]>
<![CDATA[Sibarani, Kevin Bhaskara]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3322
<![CDATA[State Owned Asset (SOA) utilization is a part of the management of state assets as an alternative in providing income for the state through non-tax state revenue. The implementation of the utilization of SOA is stated in the form of an agreement or contract between the government and the partner which can come from the private sector. This research will analyze the provisions or arrangements of the SOA utilization agreement related to the contract law in Indonesia and the application of freedom of contract in the SOA utilization contracts. The results of this reseatch indicate that the principle of freedom of contract is not absolute and the application of freedom of contract in the SOA utilization agreement is limited by the laws and regulations governing the provisions in the management of SOA. This research was conducted using a normative juridical method through a conceptual approach and a statutory approach. The SOA utilization agreement practically is an implementation of statutory regulations, however, the application of freedom of contract in its application can be seen from the stages of the contract, i.e. the pre-contractual, contractual and post-contractual stages in determining the contents and provisions of the agreement as long as it does not conflict with the provisions of the legislation, decency and public order.]]>
<![CDATA[Pelaksanaan Pemberian Perlindungan Bagi Korban Tinda Pidana Terorisme ]]>
<![CDATA[Manik, Jeanne Darc Noviayanti]]>;
<![CDATA[Robuwan, Rahmat]]>;
<![CDATA[Wirazilmustaan, Wirazilmustaan]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3362
<![CDATA[Victims of terrorism are not only those affected by terrorist attacks but include those exposed to terrorist ideology. The series of bombings, shootings and stabbings that occurred in the territory of the Republic of Indonesia has resulted in the loss of life regardless of the victim, causing widespread public fear, and property losses, resulting in a wide impact on social, economic, political, and international relations. The method used is Legal Research based on legislation related to each other. The best thing that can be done by the state to maintain the safety and security of citizens from becoming victims of terrorism is to prevent or anticipate that terrorism crimes do not occur. The fulfillment of the rights of victims under Act No. 15 of 2003 at the crisis stage after the crime of terrorism must be taken immediately because the action relates to the safety of the victim. Act No. 5 of 2018 states that the victim of non-criminal terrorism is a person who suffers physical, mental, and/or economic losses resulting from a Terrorism Crime. Victims are direct victims as well as indirect victims of a crime of terrorism. The determination of victims of terrorism can be done directly by investigators, without having to wait for a court decision. Treatment of victims, especially those who must receive medical treatment, psychosocial and psychological rehabilitation.]]>
<![CDATA[Hak Konstitusional: Politik Hukum Kebebasan Beragama di Indonesia ]]>
<![CDATA[Cristiana, Maya]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3419
<![CDATA[The Constitutional Court which aims to uphold and protect the constitutional rights of citizens and the protection of human rights. One of them is the right to freedom of religion which is guaranteed by the constitution and several regulations on human rights. The substance of the 1945 Constitution article 28I paragraph (1) explains that the right to religion is absolute for every individual, so it should apply universally and non-discriminatory. In the midst of rampant violence in the name of religion, there has been a judicial review of Law No.1/PNPS/1965 concerning the Prevention of Abuse and/or Blasphemy of Religion. This law was finally deemed contrary to the guarantee of freedom of religious rights which could not be reduced under any circumstances. Likewise, when the Constitutional Court rejected all applications. So that after the decision of the Constitutional Court the conception of Indonesian religious rights became clearer. However, those who do not agree with the decision of the Constitutional Court argue that Law No.1/PNPS/1965 is a tool to justify violence in the name of religion.]]>
<![CDATA[Laut Cina Selatan: Menakar Peran Indonesia Dalam Dewan Keamanan United Nation: International Dispute Resolution; South China Sea; UNCLOS 1982. ]]>
<![CDATA[Rihardi, Satrio Ageng]]>;
<![CDATA[Pembayun, Jaduk Gilang]]>;
<![CDATA[Yusliwidaka, Arnanda]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3435
<![CDATA[Indonesia has been elected as a Non-Permanent Member of the United Nations Security Council (Non-Permanent Member of the UN Security Council) in the 2019-2020 period. This is an extraordinary achievement, considering that Indonesia is trusted by UN member countries to be one of the members of the UN Main Organ which has the task of maintaining world peace and security. The South China Sea (LTS) is an area that is being disputed between neighboring countries that feel they have a claim to the area. This dispute has become the world's attention where the tensions shown by these countries are increasingly worrying about security stability in the region. Various provocations and foreign policies from each country were carried out to win claims to the territory. Indonesia as a non-permanent member of the UN Security Council has one of the obligations to participate in resolving international disputes over the LTS area which is claimed by countries. Indonesia can be a mediator to provide another point of view in resolving the dispute peacefully. The purpose of this study is to examine Indonesia's involvement in efforts to resolve disputes in the South China Sea region based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). The method used in this research is normative legal research. This research was conducted by researching and reviewing library materials that had been collected by the research team. The library materials that were researched and studied consisted of primary materials, secondary materials, and tertiary materials. Data search is done by literature study or document study and all data obtained will be analyzed qualitatively]]>
<![CDATA[Kajian Terhadap Kedudukan Pemerintah Daerah Sebagai Pemohon Dalam Perlindungan Indikasi Geografis ]]>
<![CDATA[Darwance, Darwance]]>;
<![CDATA[sari, Rafiqa]]>;
<![CDATA[Ramadhani, Tiara]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3504
<![CDATA[Data shows that Indonesia is a country that is rich in natural resources, even being the country with the most abundant natural resources in the world. From an intellectual property perspective, these potentials are products that can be protected based on communal ownership of geographical indications. After ratifying several international agreements, especially the TRIPs Agreement, Indonesia is obliged to have regulations that provide protection to geographical indications. In several existing regulations, local governments are given the authority as applicants when registering a product as a geographical indication at the ministry. In fact, the role of local governments is less than optimal, especially when viewed from the potential they have, plus regulations are not imperative. This research is normative with a statutory approach. From the results of the studies that have been carried out, it was found that the position of local governments in Law Number 20 of 2016 concerning Marks and Geographical Indications does not imperatively regulate the position of local governments specifically, so that only a few are registered due to the lack of local government contributions.]]>
<![CDATA[Matarumah Parentah Oleh Saniri Negeri Rumahtiga Sebagai Tindakan Administrasi ]]>
<![CDATA[Tita, Heillen M.Y]]>;
<![CDATA[Irham, Muhammad]]>;
<![CDATA[Mustamu, Julista]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v17i1.3507
<![CDATA[Ringkasan Artikel ini bertujuan untuk menemukan perspektif hukum administrasi negara terkait penetapan Matarumah Parentah di Negeri Rumahtiga Kota Ambon. Seperti diketahui Saniri Negeri Rumahtiga sampai saat ini belum melanjutkan proses pembentukan Peraturan Negeri dalam rangka Penetapan Matarumah Parentah, padahal tahapan penetapan sudah dilalui sesuai dengan aturan yang berlaku. Melalui penelitian yuridis normatif didapatkan hasil bahwa sikap Saniri Negeri Rumahtiga merupakan tindakan administrasi pemerintah yang dapat diuji keabsahannya dan dapat dikategorikan sebagai sikap diam Pemerintah serta sebagai tindakan pemerintah berupa keputusan yang mencakup tindakan faktual sebagaimana dimaksud dalam Undang-Undang Administrasi Pemerintahan. Kata Kunci: Penetapan, Matarumah Parentah, Hukum Administrasi Negara.]]>
<![CDATA[Korban Kekerasan Rumah Tangga: Adat Dayak Uud Danum dan Hukum Nasional ]]>
<![CDATA[Salim, Kartika Agus]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v17i1.3615
<![CDATA[Law Number 23 of 2004 concerning the Elimination of Domestic Violence and the 2001 Uud Danum Dayak Customary Law Book have provided protection for wives who are victims of domestic violence by their husbands. The protection provided by Law Number 23 of 2004 concerning the Elimination of Domestic Violence is provided from the time the victim makes a police report, when he is questioned and arrives at a court decision. Legal protection provided by Tomakung to wives who are victims of violence (hotuhui) by husbands by paying fines and implementing siro sahkik to restore conditions damaged by violence (hotuhui) between husband and wife. Factors that cause domestic violence by husbands are caused by internal and external factors. Internal factors are caused by wives who cheat, wasteful with money, lazy to cook. Internal factors in husbands are due to being lazy to work, not having a job, having an affair, gambling and being an alcoholic drink addict. The government should provide jobs for all levels of education that are evenly distributed from villages to cities. The government should, in helping the poor, not provide social assistance in the form of direct cash assistance because a small nominal amount of money is only enough to buy alcohol and play gambling. The increase in domestic violence is not solely the fault of the citizens but due to a lack of community awareness raising by the central and regional governments that is right on target because today the Government is building more infrastructure than building the mental and spiritual Indonesian people themselves.]]>
<![CDATA[Kekuatan Hukum Perjanjian Pengikatan Jual Beli Tanah Dibuat Dibawah Tangan ]]>
<![CDATA[Adriansa, Muhammad Zaky]]>;
<![CDATA[Dewi, Iga Gangga Santi]]>;
<![CDATA[Priyono, Ery Agus Agus]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v16i2.3623
<![CDATA[This research discusses the legal force of binding sale and purchase agreements under the hands made by the parties without witnesses and only waarmarking by a notary. The research method used is the analytical descriptive method, a research method that reveals problems, analyzes a problem, examines, and interprets it into conclusions and suggestions in a systematic way so that it is easy to understand. Normative Juridical approach method, namely legal research that uses secondary data sources such as principles the doctrines in the science of law. The results of the study can be concluded that the underhand Sale and Purchase Agreement (PPJB) is a form of agreement between two parties who agree to bind themselves, which is made jointly. Even though PPJB under the hand can be made freely by the parties who want to make an agreement, it may not violate the provisions of Article 1320 of the KUHPerdata. PPJB made before an authorized official and PPJB made privately have the same legal force. PPJB under the hand made by the parties without witnesses and only waarmarking by a notary, the strength of proof is only between the parties. If the parties do not deny and acknowledge the signature in the agreement, then the PPJB under the hand has perfect power as an authentic deed.]]>
<![CDATA[Upaya Administratif Sengketa Antara Pegawai Negeri Sipil dengan Pemerintahan Provinsi Kepulauan Bangka Belitung ]]>
<![CDATA[Fitri, Lezi]]>;
<![CDATA[Manik, Jeanne Darc Noviayanti]]>;
<![CDATA[Rosdiana, Ita]]>
<![CDATA[ PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bangka Belitung ]]>
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DOI: 10.33019/progresif.v17i1.3649
<![CDATA[Stages of administrative dispute resolution as regulated in Law No. 30 of 2014 concerning Government Administration, article 58 paragraph (6) bring about changes in the state administrative justice system in Indonesia, which are related to administrative efforts. This study aims to analyze administrative efforts that should be in line with what is stated in Supreme Court Regulation No. 6 of 2018 which discusses guidelines for resolving government administrative disputes after taking administrative measures with Law No. 51 of 2009 Second Amendment to Law no. 5 of 1986. In practice, there are several problems related between object of dispute and administrative efforts, first: whether administrative measures must be taken first before filing a claim for a state administrative dispute to the State Administrative Court, second, whether there are legal consequences if no administrative efforts are carried out by the plaintiff, third, whether If a difference is made in the deadline for filing a lawsuit, administrative efforts can increase the effectiveness of the ongoing legal process. Systematically this research uses a normative juridical approach. This research will obtain formulations of norms that can provide effective legal protection for the parties concerned in matters of state administrative disputes and analyze the effectiveness of applying different time limits in administrative efforts.]]>
