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University Of Bengkulu Law Journal
Published by Universitas Bengkulu
ISSN : 25411926     EISSN : 25287656     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
 1 
Search results for , issue "Vol 3, No 1 (2018): APRIL" : 6 Documents clear
KEDUDUKAN KEPALA DESA SEBAGAI HAKIM PERDAMAIAN Samuel Dharma Putra Nainggolan
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.365 KB) | DOI: 10.33369/ubelaj.3.1.54-67

Abstract

The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.
PENETAPAN LOKASI DAN AKIBAT HUKUMNYA TERHADAP PEMBAYARAN GANTI KERUGIAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Rosana Dewi Langelo
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.734 KB) | DOI: 10.33369/ubelaj.3.1.68-78

Abstract

The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent.
DASAR FILOSOFIS DAN INKLUSIVITAS GUGATAN SEDERHANA DALAM SISTEM PERADILAN PERDATA Anita Afriana
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.414 KB) | DOI: 10.33369/ubelaj.3.1.1-14

Abstract

The fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015. That mechanism only requires small amount of permitted claim, it is 200 million Rupiah in maximum, it also settles claims in a very fast manner, 25 days in maximum. This fast procedural mechanism allocated to settle private dispute is called as “the small claims court”, in which, it is already implemented either in states with the civil law system or the common law system. The research methodology used in this article is juridical-normative and juridical kualitative analyze, to aim the SCC phisophy in Indonesia and the effectivity in enacting this mechanism of small claims court as one of the states that enact the civil judicial system. The results shows that the SCC  in indonesia is an advancement as a means of access to justice, in short it is a simple and inexpensive procedure.  that the fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015 is effectively enacted in civil judicial system in Indonesia. With society needs nowadays, the effort to increasing good services towards justice seeker, it’s inclusive because of the different mechanism of general judicial system under  HIR/RBG, it is not just about time but also with a judge investigation, simple evidentiary, and without legal effort
PEMBUANGAN BAYI DALAM PERSPEKTIF PENELANTARAN ANAK Airlangga Justitia
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (570.59 KB) | DOI: 10.33369/ubelaj.3.1.23-40

Abstract

The act of disposing of a newly born child is obviously a criminal offense, since this act does not necessarily reflect the humanism side of the human person. an act which the rule of law is proclaimed as a prohibited act is called a criminal act or it may be referred to as a crime. According to its nature and nature, these criminal acts are unlawful acts. These acts can also harm society, in the sense of contradicting or impeding the implementation of the social order of society that is considered good and fair. There are 3 (three) legal instruments that contain criminal sanctions against the perpetrators of the crime of infant / child disposal namely the Criminal Code, Law No. 23 of 2004 on the Elimination of Domestic Violence, and Law No. 35 of 2014 on Child Protection. However, newly born child abusers are still not eliminated, and one of the factors is the lack of conviction of criminal prosecution.
PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP Imam Budi Santoso; Taun Taun
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.996 KB) | DOI: 10.33369/ubelaj.3.1.15-22

Abstract

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.
THE ROLES OF OTORITAS JASA KEUANGAN TO OVERCOME FICTIVE INVESTMENT BENGKULU CITY Herawan Sauni; Dimas Dwi Arso
University Of Bengkulu Law Journal Vol 3, No 1 (2018): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (73.965 KB) | DOI: 10.33369/ubelaj.3.1.41-53

Abstract

This research is purpose to know the role of Otoritas Jasa Keuangan in overcome fictitious investment in Bengkulu city and To know the efforts of Otoritas Jasa Keuangan to protect the consumers that take fictitious investment in Bengkulu city. This research uses empirical approach, that is research in the place by using interviews to get answers about the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu city and the efforts of Otoritas Jasa Keuangan to protect consumers that has done fictitious investment in Bengkulu City. This research uses two types of data,that is primary data and secondary data. Then, its data to be analyzed in a research report that is qualitative descriptive. The results of the research is the role of Otoritas Jasa Keuangan to  overcome fictitious investment in Bengkulu City that is preventive and repressive efforts. The preventive efforts for example to socializing and educating people to alert investment and coordinating with law enforcers and other regulators. The repressive efforts, for example set up an Alert Investment task force in every area. Then the efforts of Otoritas Jasa Keuangan to protect consumers that have  fictitious investment in Bengkulu City is regulated in POJK Number 1 / POJK.07 / 2013 about Perlindungan Konsumen Sektor Jasa Keuangan

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