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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. 8 No. 2 (2023): OCTOBER" : 6 Documents clear
Analisis Persyaratan Muatan Lokal dalam Peraturan Presiden No. 55/2019 dan Kesesuaiannya dengan GATT dan Perjanjian TRIMs dalam Kerangka WTO Tisnawan, Nabil Adika; Rosewitha Irawaty
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v8i2.26588

Abstract

This undergraduate thesis discusses the analysis of local content requirements for the electric vehicle industry in Presidential Regulation Number 55 Year 2019 regarding the Acceleration of Battery-Based Electric Vehicles Program for Road Transportation in terms of its compliance with the regulations in the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade-Related Investment Measures (TRIMs Agreement). The research in this undergraduate thesis is juridical normative. The results of this research conclude that the provisions of local content requirements in Presidential Regulation Number 55 Year 2019 Regarding Acceleration of Battery-Based Electric Vehicles Program for Road Transportation are not in accordance with the regulations of the GATT and the TRIMs Agreement. Article 17 states that companies that meet the requirements of Local Content Value (TKDN) as mentioned in Article 8 can receive fiscal and non-fiscal incentives from the government. This is inconsistent with the provisions of the TRIMs agreement as well as Article III:2 and Article III:4 of the GATT. Therefore, the Indonesian government must make adjustments to the local content requirements for electric vehicles in Presidential Regulation Number 55 Year 2019 so that it is more consistent with its obligations as a member country of the World Trade Organization (WTO).
POLA HUBUNGAN PEMERINTAH PUSAT DAN DAERAH DALAM PEMANFAATAN RUANG DAN KAWASAN PERTAMBANGAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NO.37/PUU-XIX/2021 Herawan, Herawan
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.2.125-146

Abstract

Law No.3 of 2020 concerning Mineral and Coal has serious problems because it stipulates that the management of mineral and coal resources is under the control of the central government. In the Mineral and Coal Law there is also a division of mining business areas. However, changes in the use of space and mining areas in the Mineral and Coal Law are not explicitly guaranteed. Therefore, the articles governing the use of space and mining areas were subject to material review by the Constitutional Court and in Decision No.37/PUU-XIX/2021 it was stated that the application was partially granted. This research answers 1). How is the dynamics of mining management arrangements in the three laws, and 2). What are the implications of Decision No.37/PUU-XIX/2021 on the dynamics of relations between the central and regional governments. This research is normative research. The results of this study state that there is a provision regarding the guarantee of no utilization of mining space and area from the Central and Regional Governments because the utilization of mining space and area can only be carried out as long as it does not conflict with the laws and regulations. This is guaranteed by the Constitutional Court in its Decision No.37/PUU-XIX/2021.
From Southern Bluefin Tuna Case to Biodiversity Beyond National Jurisdiction (BBNJ) Dowsuwan, Sumullika; Sukhum, Juntratip
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v8i2.29837

Abstract

This paper aims to study the prescription of provisional measure of International Tribunal for the Law of the Sea (hereinafter ITLOS) on Southern Bluefin Tuna case between New Zealand and Japan; Australia and Japan. Moreover, this case concerns the Southern Bluefin Tuna (hereinafter Bluefin Tuna) fishing, Japan’s experimental fishing program exceed the set level by parties and the approach of ITLOS can clarify the example of the circumstance in order to take a provisional measure to prevent serious harm to the marine environment. The results show that this case can illustrate the approach of ITLOS to take a provisional measure as follow: tribunal shall take into account the circumstances to lead a serious harm to the marine environment. Additionally, this dispute, the circumstance of Japan exceeded Bluefin Tuna fishing, it brings about to be the serious harm to the marine environment. Thus, ITLOS notes that Japan, New Zealand and Australia should take the effective conservation measure in order to prevent serious harm to the stock of Bluefin Tuna because the conservation of the Bluefin Tuna is an element of protection and preservation of the marine environment. Nowadays, Biodiversity Beyond National Jurisdiction (hereinafter BBNJ) helps to preserve and protect the Bluefin Tuna as marine environment for the next generation also.
The Challenges of Covid-19 National Economic Recovery in Indonesia: The Need for Accountability during Emergency Ayuni, Qurrata
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.2.98-114

Abstract

This paper discusses the challenge of accountability of Indonesia national economic recovery policies in the COVID-19 pandemic emergency. There are pros and cons to ensuring the accountability of the national economic recovery policy in the legal and legislative aspects. This paper finds three main issues; First, there is an oversized power that the government has in reallocating the state budget. Second, there is the potential for immunity for irregularities in state finances with the argument of national economic recovery. Third, the need for checks and balances from the state power branch to carry out supervision. Using a normative juridical study, this paper emphasizes the importance of the role of the legislative and judicial branches of power in ensuring accountability for the use of state finances on the pretext of a COVID-19 emergency
Restrictions on the Internet Freedom in Turkey Katalin, Siska; Rehulina, Rehulina
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.2.115-124

Abstract

Turkey's Internet has 42.3 million active users and holds a 'Not Free' ranking in Freedom House's index. The Turkish Government has constantly blocked websites like Facebook, Twitter, YouTube, and Wikipedia. According to Twitter's transparency report, Turkey leads in social media censorship. Reporters Without Borders ranked Turkey 149th out of over 180 countries, between Mexico and DR Congo, with a score of 44.16. In my study, I summarize the legislative amendments of recent years that apply to internet regulation, with particular regard to those rules that allow the restriction of internet freedom. I pay special attention to the institutional changes that followed these amendments.
EFEKTIVITAS PENYALURAN ZAKAT SEBAGAI BANTUAN MODAL USAHA KEPADA PEDAGANG KAKI LIMA (PKL) OLEH BADAN AMIL ZAKAT NASIONAL (BAZNAS) DALAM PROGRAM LAHAT PEDULI DI KABUPATEN LAHAT Prayoga, Rendi; Arso, Dimas Dwi Arso; Muslih, Akhmad
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v8i2.37005

Abstract

The poverty rate is still very large in Indonesia, this is due to the still high unemployment rate and this situation is getting worse with the Covid-19 outbreak which threatens the whole world. One of the efforts that can be made by the community in an effort to fulfill their daily needs is to become street vendors (PKL). However, they also have obstacles in running their business because they still have limited capital and this can be helped by providing business capital assistance whose sources of funds come from zakat where the institution that manages zakat funds is the National Zakat Amil Agency (BAZNAS). The purpose of this research is to find out whether the distribution of zakat funds as venture capital assistance to MSME actors by BAZNAS in the Lahat Care program in Lahat Regency has yielded effective results or not. As well as how the responsibility of BAZNAS Lahat Regency in terms of distribution of zakat funds. The type of research used in this research is empirical law. In empirical legal research law is conceptualized as an empirical phenomenon that can be observed in real life, law is empirically a symptom of society, on the one hand it can be studied as an independent variable or cause (independent variable) which gives rise to consequences in various aspects of social life. As a result, from the process of collecting zakat funds to distributing zakat funds to business actors, it has had an effective impact, many have benefited from the Lahat Cares program from BAZNAS. The SIMBA application (BAZNAS Management Information System) is an online integrated application that can be accessed by the public as a form of BAZNAS' responsibility to show transparency.

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