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University Of Bengkulu Law Journal
Published by Universitas Bengkulu
ISSN : 25411926     EISSN : 25287656     DOI : -
Core Subject : Social,
UBELAJ (University of Bengkulu Law Journal) aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Medical Law, Environmental Law and another section related contemporary issues in law. UBELAJ publish twice in a year, April and October.
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Articles 6 Documents
Search results for , issue "Vol 2, No 2 (2017): OCTOBER" : 6 Documents clear
PENGGUNAAN HAK ANGKET DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA, SETELAH PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 David Aprizon Putra
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.847 KB) | DOI: 10.33369/ubelaj.2.2.135-150

Abstract

Dewan Perwakilan Rakyat Republik Indonesia is one of the institutions of the state that has experienced the impact of the change. One line that significantly changes is on the function line. After the changes in the Undang-Undang Dasar 1945 the Dewan Perwakilan Rakyat Republik Indonesia has three functions in which the matter is mandated in article 20A (1). The three functions are legislative functions, budget functions and supervisory functions. One of the functions of supervision owned by the Dewan Perwakilan Rakyat Republik Indonesia is the inquiry right. Prior to the changes in the Second State ndang-Undang Dasar 1945, the oversight function of the Dewan Perwakilan Rakyat Republik Indonesia was only regulated in a general explanation, and this also seems very general and has not been explicitly explained. Then after the second amendment to the ndang-Undang Dasar 1945, then the inquiry right as one of the supervisory functions was more explicitly regulated, namely in Article 20A (2). The legal consequences of the use of the ndang-Undang Dasar 1945 inquiry rights to the President's policies can lead to efforts to dismiss the president and, or Vice-President, if the president's policy violates article 7A of the Undang-Undang Dasar 1945, from that the author considers this need to be understood and studied more deeply.
PERUBUHAN PERUNTUKAN KAWASAN HUTAN MENJADI BUKAN KAWASAN HUTAN UNTUK MENAJAMIN HAK MASYARAKAT ATAS TANAH Dede Frastien
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (394.145 KB) | DOI: 10.33369/ubelaj.2.2.151-164

Abstract

Forest area damage continues to occur due to various factors including weak control and supervision of the operation of the licensing system in the management of forest areas, conversion of functions, conversion of forest areas to plantations, settlements and / or other non-forestry interests (Mining). the expected results of this paper are knowing and understanding related to the mechanism of implementing the Land Object of Agrarian Reform in Forest Areas based on Government Regulation Number 88 of 2017 and inhibiting factors in the application of Land Objects for Agrarian Reform in Forest Areas based on Presidential Regulation Number 88 of 2017. This paper is writing normative law using the case approach method. The results obtained, namely, comprehensive socialization regarding the mechanism regulated in LHK Ministerial Regulation Number 83 of 2016 concerning Social Forestry must be sought. Through the schemes offered by LHK Minister Regulation No. 83 of 2016 concerning Social Forestry, the community can contribute greatly and partner in maintaining the preservation and protection of forest areas and improving the economy. Concerns about the implementation of Presidential Regulation No. 88 of 2017 are the inclusion of extractive industry interests and the loss of managed areas of the people which have been maintained for generations. 
TINJAUAN HUKUM PELELANGAN BENDA BERHARGA MUATAN KAPAL TENGGELAM (BMKT) Vinca Pretylia
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.974 KB) | DOI: 10.33369/ubelaj.2.2.165-184

Abstract

Shipwrecks in Indonesian waters have potential of valuable objects, called Vessels of Sinking Vessels (BMKT), in the appointment of BMKT require high costs, so the government must collaborate with investors. The problems formulated in this study relate to what is the legal basis in the Auction of Vessels of Sinking Vessels (BMKT). The purpose of this research is to obtain comprehensive knowledge about the legal arrangements related to the auction of valuable objects containing sinking vessels (BKMT). This research is a normative legal research using secondary data. The results of this study, there is an inventory of the rules regarding BMKT and there are actions taken by the Indonesian government related to the BMKT case in Indonesia, namely establishing the BMKT Moratorium and the issuance of Presidential Regulation Number 44 Year 2016 concerning List of Closed Business Fields and Business Fields Open with Requirements in the Field of Investment stating that the Appointment of BMKT as a Closed Business Field.
PENEGAKAN HUKUM TERHADAP ZONA LARANGAN TERBANG BAGI PESAWAT SIPIL ASING DI INDONESIA Silmiwati Silmiwati
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.301 KB) | DOI: 10.33369/ubelaj.2.2.123-134

Abstract

The sovereignty is the highest authority owned by the state. In the sovereignty decided contained matter relating with the power and responsibility for the state territory. The state have a responsibility to own territory and that state has the power to be competent for apply the no-fly zone. Indonesian state is the sovereign state, therefore with the implementation of no-fly zone meant that no reduction in the sovereignty of Indonesian state. The results showed that no-fly zone was regulated in International Law on Paris Convention 1919 Article 3 and 4, and Chicago Convention 1944 Article 9. The National Law, no-fly zone was regulated on Article 7 Legislation Number 1 of 2009 about Aviation. Indonesia has setting the rule of no-fly zone in the region WAP7 Surabaya Naval Base and WAP23 Balikpapan Flare. Indonesia Air Force has working to maintain the sovereignty of Indonesia.
IMPLIKASI TERHADAP PENGUJIAN KETETAPAN MPR/MPRS PASCA PUTUSAN MAHKAMAH KONSTITUSI DALAM RANGKA MENGAWAL TEGAKNYA KONSTITUSI NEGARA Tomi Agustian
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.356 KB) | DOI: 10.33369/ubelaj.2.2.103-122

Abstract

This study aims: first, the decision of the Constitutional Court adjudicates and does not accept the testing of the MPR Decree, secondly, the implications of testing the MPR's Decree after the decision of the Constitutional Court. The method used in this study is normative research or library research. The results of the study obtained first, the basis of the Constitutional Court Decision according to the 1945 Constitution of 24C paragraph (1) that the Constitutional Court only has the authority to test the Law on the Basic Law and the MPR / S Decree is not included in the Constitutional Court's authority. Secondly, the implication is that there is no mechanism for testing. MPR provisions cause a legal vacuum as well as the absence of an authorized institution to test the MPR Decree (tetraa incognita)
PENGATURAN PERAMPASAN HARTA KEKAYAAN PELAKU TINDAK PIDANA PENCUCIAN UANG DI INDONESIA Beni Kurnia Illahi; Muhammad Ikhsan Alia
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (521.481 KB) | DOI: 10.33369/ubelaj.2.2.185-207

Abstract

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