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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
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Search results for , issue "Vol. 7 No. 1 (2022): APRIL" : 6 Documents clear
Eksistensi Hukum Lokal Dalam Pengelolaan Sumberdaya Alam Dan Lingkungan Di Tengah Pusaran Ekonomi Global Nur Sulistyo Budi Ambarini; Siti Hatikasari
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.1-15

Abstract

Indonesia is an archipelagic country that has a variety of natural resources that are verypotential as economic resources. These natural resources are found in various regions inIndonesia. The management of natural resources in each region is generally carried outaccording to the local culture in the area concerned. The local rules or laws have basicallybeen in effect for a long time and have been carried out from generation to generation by thelocal community. As is the case in Bengkulu Province which has natural resource potentialwith local culture and rules in managing natural resources. Regarding local law, which wasoriginally a means of managing and utilizing natural resources in the region, at this time,especially in the era of economic globalization, it is not only dealing with state law (nationallaw) but also economic and legal issues in the international context. This paper seeks toexamine the problem of how the existence of local law is related to the use and managementof natural resources in the era of economic globalization. The writing of this article isextracted from several results of legal research that has been carried out using non-doctrinallegal research methods through a socio-legal studies approach. Based on the results ofresearch in several locations in Bengkulu Province, applicable local laws relating to the useand management of natural resources have experienced a shift, although in some areas locallegal values are still believed and become guidelines for local communities. This is becauseapart from the enactment of state (national) law, the enactment of regional autonomy is alsodue to the need for economic development in the global era.
Faktor Penyebab Terjadinya Diparias Pidana terhadap Penyalahguna Narkotika di Pengadilan Negeri Bengkulu Herlita Eryke
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.16-33

Abstract

Drugs addict are self-victimizing victims, namely victims and perpetrators of crimes theycommit themselves. The criminal character of a drug addict is a person who is physically'sick.' One of the parties with a very significant task in the criminal justice system is the judge.Judges have an essential role in determining the 'fate' of drugs addict in the future. Incriminal decisions, which can be seen from the registration of cases at the Bengkulu DistrictCourt for narcotics abusers, there are many disparities in the verdicts for drugs addict. Somewere sentenced to 5 years, two years, one year, eight months, and six months, and some wereonly sentenced to rehabilitation. The differences in the sentencing of different judges raisesignificant questions for justice seekers and the general public. Why is it like that? This studyaims to describe the factors that cause criminal disparities for drugs addict. This researchuses socio-legal research methods by collecting data and information and facts from thesymptoms in the field, either through observation, interviews, and documentation. The datawas collected in the form of primary and secondary data, which were selected purposivelyaccording to the characteristics of the data. Data analysis was carried out descriptively withinductive and deductive approaches. As for the study results, the factors that became criminaldisparities were: facts revealed in court, criminal acts, evidence found at the case scene,demands of the public prosecutor, aggravating and mitigating matters, and criminalprovisions violated.
Konstitusionalitas Dewan Pers Pasca Putusan Mahkamah Konstitusi terhadap Judicial Review UU Pers Zacky Antony
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.34-44

Abstract

The issue of the constitutionality of the Press Council has received a lot of attention in recent years. Especially since the Press Council issued regulations in the press sector. Among other things, the Press Council's regulations governing the competency standards of journalists and the Press Council's regulations governing the verification of media companies include administrative verification and factual verification. Many parties consider that the issuance of regulations in the press sector has exceeded the authority of the Press Council as regulated in Law Number 40 of 1999 concerning the Press which became the basis for the formation of the Press Council. The decision of the Constitutional Court (MK) on the petition for judicial review of Law Number 40 of 1999 concerning the Press has had an impact on the life of the national press. The Constitutional Court's decision to reject the judicial review of the Press Law as a whole has confirmed the constitutionality of the Press Council in issuing regulations in the press sector as a reference in the operational level of journalistic work for journalists. This is important so that there is no doubt and confusion in the life of the national press.
Hak Ex Officio Hakim Dalam Menetapkan Kewajiban Suami Terhadap Isteri Dalam Perkara Cerai Talak Danie Setiawan
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.45-53

Abstract

Judges in carrying out their duties in court must uphold justice, because justice is the main foundation for the purpose of law. In the practice of civil procedural law within the Religious Courts, judges due to their position or ex officio can decide a case more than what is demanded, even though the parties in the case are not prosecuted. This right is fully within the authority of judges in deciding cases so that the values ​​of legal certainty, justice and benefit are realized. ex officio rights, a judge can decide things that are not stated in the prosecution, for example charging a living, iddah wife to the ex-husband after the divorce. This ex officio right aims to be able to defend rights that are usually not fulfilled by an ex-husband. Husbands, who are supposed to give rights to their wives as organizers of all daily household needs, often ignore their responsibilities. It is intended that the wife has the rights that must be received even after the divorce by considering the situation on the part of the wife and the husband's ability to accept these obligations. By using a normative juridical methodology, namely facing legal problems by looking at the legal rules from the prevailing laws and regulations. So that the results of this study show that judges in carrying out their duties in divorce cases can use ex officio in giving consideration to decisions on husband's obligations towards his wife.
TINGKAT KEBERHASILAN PENDAMPINGAN ABH DALAM UPAYA DIVERSI TAHUN 2018-2020 OLEH PEMBIMBING KEMASYARAKATAN PADA BAPAS BENGKULU Imran Hasyim
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.54-70

Abstract

ABSTRACT As the spirit of the birth of Law Number 11 of 2012 concerning the Criminal Justice System for Children. Diversion as an effort to deal with the problem of Children with Legal Problems becomes a challenge for the Community Guidance in the Class II Penitentiary Bengkulu in realizing it. Since its promulgation in 2012, this effort has been carried out in every Children with Legal Problems in Bengkulu Province. It's just that in encouraging the efforts of this Diversion is not optimal because Bengkulu Bapas PK cannot be alone, and must collaborate with other Law Enforcement Officials, such as Police, Prosecutors and Judges. Therefore, the purpose of this study is to measure the success rate of Community Assistance for Community Facilitation in Class II Penitentiary Bengkulu in diversion efforts over the past three years. The method used in this research is quantitative research. With a descriptive analysis method to the trend of the number of cases of Children with Legal Problems assistance by Community Guidance in the Class II Penitentiary Bengkulu Diversified. From 2018, 2019 and 2020 it can be seen that the movement of the comparison of the number of assistance from Children with Legal Problems is sought by Diversi every year to increase. And Children with Legal Problems cases that went to trial at the District Court experienced a decline. This trend could be due to the maximum efforts of the Community Facilitation in Class II Penitentiary Bengkulu who at each stage of assistance paid close attention to each of the best rights for Children with Legal Problems. Keywords: Children; Diversion; Guidance  
PERBANDINGAN KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI INDONESIA DENGAN LEMBAGA PEMBERANTASAN TINDAK PIDANA KORUPSI NEGARA SINGAPURA, HONG KONG, DAN MALAYSIA Rhendra Kusuma
University Of Bengkulu Law Journal Vol. 7 No. 1 (2022): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.1.71-83

Abstract

The Corruption Eradication Commission (KPK) of the Republic of Indonesia is one of the pioneers on corruption practices combat in Indonesia. KPK is well known for its achievements in criminal acts of corruption in Indonesia, even though the regulations that discuss the Corruption Eradication Commission often becoming a debatable material by legal experts in Indonesia. The answer to this question can be done by conducting a comparative legal study. This comparative legal study was conducted to compare the corruption eradication system in Indonesia with corruption eradication agencies in other countries to find out what are the similarities and differences. This writing aims to see and analyze the similarities and differences between the Indonesian Corruption Eradication Commission with the Corrupt Practices Investigation Bureau Singapura, Independent Commission Against Corruption Hongkong and Suruhanjaya Pencegahan Rasuah Malaysia/ Malaysian Anti-Corruption Commission.

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