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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.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol. 7 No. 2 (2022): OCTOBER" : 6 Documents clear
TELAAH THEORY OF POINTLESS PUNISHMENT TERHADAP PSIKOPAT SEBAGAI PELAKU TINDAK PIDANA DALAM PUTUSAN MAHKAMAH AGUNG NO. 14444 K/ PID/ 2009 Mardian Putra Frans
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.84-97

Abstract

This paper discusses the application of the theory of pointless punishment related to psychopaths as criminals using a conceptual approach. The paper argues that psychopaths are part of a mental illness that cannot be criminally responsible as intended in Article 44 paragraph (2) of the Criminal Code. Furthermore, this paper willw explain one of the reasons for the theory of criminal eradication which strengthens the previous opinion that psychopaths cannot be convicted, namely the theory of pointless punishment. Because this theory emphasizes the benefits of giving punishment to those who deserve punishment, psychopaths who are categorized as other mental illnesses cannot be held accountable because they do not get benefits if they receive punishment or punishment. Keywords: Psychopaths; Accountability; Punishment.
Kajian Filosofis terkait Perlindungan Ekspresi Budaya Tradisional oleh Rezim Hak Cipta Cheryl Yuswar; Runtung Sitepu; Dedi Harianto
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.98-107

Abstract

This paper aims to analyze the philosophical basis for the protection of Intellectual Property Rights together with the obstacles and challenges of protecting traditional cultural expressions in Copyright regime. To achieve this goal, this legal research method uses a normative legal writing method with analytical descriptive specifications. Based on the results of the discussion, it can be concluded that the classification of the protection of traditional Indonesian cultural expressions under Law Number 28 of 2014 concerning Copyright is not appropriate because there are conflicting characteristics between copyright and traditional cultural expressions. It is necessary to further examine which Intellectual Property regime is in line with traditional cultural expressions or the preparation of a sui generis system for the purpose of protecting Indonesian's traditional cultural expressions. The placement of the protection of traditional cultural expressions in the appropriate IPR regime or sui generis system is expected to be able to maximize the economic rights that will be received by the owner and/or custodian of traditional cultural expressions. Keywords: Traditional Cultural Expression, Philosophy, Copyright
Beberapa Aspek Hukum dalam Perjanjian Ekstradisi Antara Indonesia dan Singapura Deli Waryenti
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.108-119

Abstract

The extradition treaty between Indonesia which took such a long time contained several legal aspects such as retro-active principles, non-legality, non-change of citizenship, progressive and flexible principles according to the times. However, all legal aspects contained in the extradition treaty which are actually contrary to the law in general, are not necessarily able to return the corruptors who fled to Singapore for several reasons, namely: the agreement that follows the extradition treaty (defense agreement and FIR) is detrimental to Indonesia, the grace period has expired. 18 years is not enough because the corruptors carried out the corruption above 18 years ago, and the corruptors are estimated to have left Singapore and went to other countries that do not have an extradition treaty with Indonesia. Keywords: Extradition; International; Treaty.
EFEKTIVITAS PROGRAM CORPORATE SOCIAL RESPONSIBILITY (CSR) DI MASA PANDEMI CORONAVIRUS DISEASE 19 (COVID-19) TERHADAP MASYARAKAT DI KABUPATEN BENGKULU TENGAH Kiki Amaliah; Widiya N Rosari
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.120-129

Abstract

Research on the Effectiveness of the Corporate Social Responsibility (CSR) Program in Mitigating the Impact of the COVID-19 Pandemic was conducted on communities in Regency of Bengkulu Tengah, Bengkulu Province. During the COVID-19 pandemic, many people were affected, especially the economic sector lost their jobs (termination of employment) or are unemployed, and weak public purchasing power which resulted in many businesses being closed or empty of buyers. Research is needed to study or analyze the extent of effectiveness and constraints in implementing the Corporate Social Responsibility (CSR) program during the COVID-19 pandemic so that it has an impact on increasing the welfare of the people in the Regency of Bengkulu Tengah. The research method used is empirical juridical research. The result of this research is the Program CSR during the COVID-19 pandemic in Regency of Bengkulu Tengah was considered ineffective and the obstacles faced in the CSR program were the unclear Standard Operating Procedure (SOP) for companies, the lack of socialization of CSR to the community and the absence of CSR consultants who went directly into the field to find out what we're programs needed by the community. Keywords: Corporate Social Responsibility (CSR); Covid-19; CSR Effectiveness.
Peran Pemerintah Daerah dalam Meningkatkan Mutu Pendidikan pada Masa Pandemi Covid-19 Wulandari Wulandari
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.146-157

Abstract

During the current Covid-19 Pandemic, it is challenging to put into practice the meaning of quality education. In the midst of the COVID-19 pandemic, the Ministry of Education, Culture, Research, and Technology's policy is important to note because it will affect Indonesian education. Within the confines of the university, this daring educational strategy is implemented from the elementary through the graduate levels. During the Covid-19 pandemic, it is becoming increasingly difficult to provide every Indonesian citizen with a decent education, and there are numerous obstacles to overcome. During the Covid-19 pandemic, the purpose of this article is to investigate and ascertain the role that local governments played in efforts to raise the standard of education. This study is a normative juridical research (das sollen) with the objective of determining the applicable principles and philosophical foundations (dogmas or doctrines) of positive law, specifically invitation regulations pertaining to the role of local governments, particularly in enhancing the quality of education during the COVID-19 pandemic. The study found that the regional government adapts the central government's policies to deal with the COVID-19 pandemic to regional conditions, needs, and capabilities and follows through on those policies. Through its policies, the local government offers suggestions for various learning models that teachers can use as guidelines to implement in the classroom.
Perlindungan Pekerja Migran di Sektor Domestik dalam Situasi Pandemik Covid-19 Bagaimana Asean Mengatasinya? Arini Azka Muthia Muthia
University Of Bengkulu Law Journal Vol. 7 No. 2 (2022): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.7.2.130-145

Abstract

ASEAN countries are sending countries and receiving countries for migrant workers in the domestic sector. In a health emergency due to the COVID-19 pandemic, almost everyone faces problems, without prior preparation, must follow and comply the various rules set by the governments of each country in order to save from the threat of Corona Virus Disease 2019 which is very dangerous for health and human life. Likewise, with Migrant domestic worker condition, even though in the Covid-19 pandemic situation, they still have to work. Working as workers in the domestic sector faces unique vulnerabilities during the current health crisis, for example, migrant domestic worker lack of access to health care or social protection measures. This research tries to explore the agreements made by ASEAN countries in protecting migrant workers in the domestic sector during the Covid-19 pandemic. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This research also applies the statute approach. The data were analyzed qualitatively. ASEAN has made the agreements in protecting migrant workers in the domestic sector, and ASEAN member countries must reflect up with the Joint Statement of ASEAN Labor Ministers on Response to the Impact of Coronavirus Dieses 2019 (COVID-19) on Labor and Employment and Asean Consensus on the Protection and Promotion of the Rights of Migrant Workers 2017.

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