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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. 9 No. 1 (2024): APRIL" : 6 Documents clear
Bengkulu City Regional Spatial Planning Design in Realizing Sustainable Cities and Communities (Case Study of Tino Galo Hospital Construction) Wulandari, Wulandari
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.35708

Abstract

Spatial planning is an ongoing process and will continue to develop in accordance with the use of space and the carrying capacity of space by space users, as an effort to describe development implementation.The Regional Regulation concerning Regional Spatial Planning (RTRW) is a guideline for the Bengkulu city government in utilizing space in Bengkulu City. In Bengkulu City, the fact is that the use of this space is not in line with the existing regulations in the RTRW Regional Regulation. The construction of the Tino Galo Hospital (RSTG) in the Sungai Hitam terminal area of ​​Bengkulu City is an example of development that is not in line with the Bengkulu City RTRW Regional Regulation. The construction of this RSTG leaves various problems, based on Article 48 letter C, the Tino Galo Hospital Area (RSTG) is a Type C terminal area located in Muara Bangkahulu District, RSTG is not explicitly included in the 2019-2023 Regional Medium Term Development Plan (RPJMD) of Bengkulu City, Bengkulu City Government also has a Regional General Hospital (RSUD) which also provides mother and child services. This research will examine the RSTG licensing procedures which have violated the spatial planning design of the Bengkulu city area which has the aim of realizing Sustainable Cities and Communities.
Implementasi Permenko Nomor 1 Tahun 2022 Dalam Menyalurkan KUR Tanpa Agunan Terhadap Nasabah Di Kota Bengkulu Ganefi; Wafiya
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.36458

Abstract

In order to accelerate the National Economic Recovery (PEN), one of them is to assist indistributing credit to micro, small, and medium enterprises (MSMEs). Based on PERMENKO No. 1 of2022, the government issued a policy: distribution of People's Business Credit (KUR) loan assistanceto Micro, Small and Medium Enterprises (MSMEs) players, providing that the loan prerequisite iswithout collateral. However, in implementing this government policy in the field, it turns out thatcreditors/banks still require that People's Business Credit (KUR) loans made by MSMEs still useadditional collateral, including a 10 million loan and at least one motorbike BPKB. For IDR 50million, the collateral is BPKB car or land/house certificate. Only after the PERMENKO No.1 of 2023issuance did the Bank completely exempt KUR recipients from the additional collateral guaranteerequirements in Bengkulu City.
QUO VADIS PENCALONAN MANTAN NARAPIDANA SEBAGAI ANGGOTA LEGISLATIF Husna, Ameithia Alya; Putri, innayyah Salsabillah; Alfajar, Ahmad Rizky; Rahmat Kurniansya, Ario Bagus
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.30915

Abstract

Every citizen has the right to have a good and responsible leader, this is realized by contesting elections held in democratic countries, including Indonesia. However, in 2022 the Constitutional Court granted a request that former prisoners could run again in elections which could disturb the human rights of every citizen to have a responsible leader. The purpose of this research is to determine the effect of the implementation of this decision on citizens' rights to have good and responsible leaders. The analysis used in this research is qualitative data analysis, namely analysis using literature studies from various existing literature. Meanwhile, the approach method is a normative approach, namely analyzing the operation of a legal norm in actual circumstances. Even though the public has other choices, in democratic ethics the implementation of Constitutional Court decision no. 87/PUU-XX/2022 which provides opportunities for former convicts in elections cannot be justified. This is because the actions of former prisoners have injured Pancasila in terms of humanity and wisdom.
Larangan Ekspor Bijih Nikel menurut Peraturan Menteri ESDM nomor 11 Tahun 2019 dan ketentuan GATT 1994 Al Vionesya, Yolanda; Deli Waryenti; Ari Wirya Dinata
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.33183

Abstract

The ban on nickel ore exports carried out by Indonesia through the Minister of Energy and Mineral Resources Number 11 of 2019 made Indonesia sued at the WTO by the European Union for violating the provisions of the 1994 GATT. This article aims to find out how the validity of the nickel ore export ban based on the Minister of Energy and Mineral Resources Number 11 of 2019 and GATT Provisions 1994. To answer the formulation of the problem, this study uses the literature study method. Legal materials obtained both primary legal materials and secondary legal materials are grouped and arranged systematically. Furthermore, the legal material is analyzed qualitatively to make it easier to draw conclusions. The conclusion that can be drawn in this study is that the ban on nickel ore exports is legal according to the Minister of Energy and Mineral Resources Number 11 of 2019, but is contrary to the provisions of GATT 1994. Keywords: Nickel Ore Export Ban; GATT 1994; WTO.
Kebijakan Transmigrasi di Kabupaten Bengkulu Utara: Perspektif Integrasi Sosial dan Transplantasi Kultural Hamadi, Ibrahim; Heru Susetyo; Satrio Alif Febriyanto; Deden Ardiansyah; Tien Tis’aini Latifah; Feymi Angelina; Najma Izzatul Haq; M. Nurrobby Fatih
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.36855

Abstract

As one of the countries with the highest population in the world, Indonesia has an uneven population density in each region. This condition encouraged the creation of a transmigration policy to create an equal distribution of population density, which has been carried out since the Dutch East Indies colonial period. The transmigration policy transfers the population from areas with high population density to regions with low population density, equipped with land ownership, public facilities, and agricultural capital goods. The transmigration target area has a local population that has been settled for a long time, so there is interaction between the local population and transmigrants as immigrants. This interaction creates new forms of culture in accommodation and assimilation between the cultures of the local population and migrants. However, this interaction does not always positively impact the relationship between the local population and transmigrants because of the local community's resistance to transmigrants as migrants who are considered to pose a threat to the existence of the local population. The problem will be studied in this research using the socio-legal research method with North Bengkulu Regency as the object of research location to understand the pattern of interaction between residents and transmigrants and its impact on cultural formation through field observations to transmigration areas in North Bengkulu Regency and interviews with residents and transmigrants. This research employs Social Integration Theory of Emile Durkheim and the Cultural Transplant theory of Garett Jones. Based on field data and analysis that has been conducted, the relationship between residents and transmigrants runs harmoniously without any conflict between residents while relatively maintaining their respective cultures. However, some habits of transmigrant communities are followed by residents, and there is disappointment among local communities due to the relocation of public facilities after the transmigration policy. Keywords: Transmigration Policy, Bengkulu Utara; Accommodation; Resistance; Local Community
Optimalisasi Capaian Program Jaminan Kesehatan Nasional (JKN) Berdasarkan Tinjauan Maqasid Syari’ah dan Teori Keadilan Hukum : Studi Kasus Kabupaten Rejang Lebong Putra, David Aprizon; Ade Kosasih; Maskurung, Siti Komsiah; Yanto, Tri Gusti
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.38357

Abstract

Health services in Bengkulu Province are still very limited due to the lack of transportation and infrastructure conditions, the number of FKTP (First Level Health Facilities) is still in the category of insufficient, the number of specialist doctors is still very limited, one of which is the case in Rejang Lebong Regency. This is certainly the main problem as well as the root of the problem of the National Health Insurance (JKN) programme services in Rejang Lebong Regency. As an initial finding, there is a legal vacuum in the absence of an umbrella of main laws and regulations at the level of Regional Regulations (Perda). The second is related to legal disharmony, as the existing Regent Regulations have not comprehensively followed the mandate of the regulations above them. This research is an empirical juridical research, aimed at examining and knowing what efforts can be made to strengthen the regional laws and regulations of Rejang Lebong Regency to optimise the achievements of the National Health Insurance (JKN) program based on a review of maqasid sharia and legal justice theory. This research is descriptive analysis, focusing on the analysis of regulations within the scope of the problem theme, trying to harmonise the conditions of JKN service policy regulations that should be established in Rejang Lebong based on the conditions and needs of the Rejang Lebong community. The results of the research found, with a study from 2014 to 2020, found 3 obstacles that inhibit the optimal achievement of the JKN KIS program, the first is the apathy of the community, especially PBI APBN and PBI APBD, the second is the lack of encouragement from stakeholders and interests in socialisation efforts and continuous introduction to the community, the third is that the existing regulations are still experiencing lacunae and disharmony, this is a cause that plays a central role in the failure to optimise the JKN KIS program in Rejang Lebong Regency. Efforts that can be made are to form new local regulations, revise existing Regent Regulations and add Regent Regulations to strengthen local regulations which are the main legal umbrella which certainly prioritises the value of the benefit of the soul (hifz al-nafs) and the benefit of the mind (hifz al-aql).

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