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University Of Bengkulu Law Journal
Published by Universitas Bengkulu
ISSN : 25411926     EISSN : 25287656     DOI : -
Core Subject : Social,
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 111 Documents
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.
PENYULUHAN HUKUM TENTANG PEMBUATAN AKTA OLEH NOTARIS Komang Octaviani Dewi
University Of Bengkulu Law Journal Vol. 4 No. 1 (2019): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.116 KB) | DOI: 10.33369/ubelaj.4.1.59-70

Abstract

Research on Legal Counseling concerning the Making of Deed by a Notary based on the lack of clarity of the purpose of legal counseling which will be given in connection with the making of the deed contained in one of the Notary authorities stipulated in UUJN in Article 15 paragraph (2) letter e. Based on the obscurity of the norm, the formulation of the problem is formulated, namely: (1) What are the authorities possessed by the Notary regulated in the UUJN-P? (2) How is the form of legal counseling conducted by a Notary as its authority related to the making of a deed? The aim is to understand the authority possessed by a Notary that is regulated in the UUJN-P and to study related forms of legal counseling that will be carried out by a Notary in connection with the making of deeds so that they can be useful to the readers. The normative legal research method is the method used in this study with the Statute Approach and the Conceptual Approach. The results of the study show that the authority of a Notary that is regulated in UUJN is the authority that comes from the authority of attribution, and is given the main task of the authority, namely the making of authentic deeds. A notary as a public official is also given special authority and other authority in carrying out his position to be able to take a legal action. In the case of the form of legal counseling carried out by a Notary in connection with the making of a deed, it is an explanation of the terms and procedures for making a deed to the parties facing the Notary so that it can determine legal actions to be used in the process of making an authentic deed. With the existence of legal counseling this can prevent the occurrence of violations of law.  Keywords: legal counseling, deed, notary
HARMONIZATION OF ASEAN INVESTMENT LAWS: ANY POSSIBILITY TOWARD RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ASEAN MEMBER STATES U-Krisdh Musicpunth; Anon Sriboonroj
University Of Bengkulu Law Journal Vol 3, No 2 (2018): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (700.01 KB) | DOI: 10.33369/ubelaj.3.2.109-116

Abstract

In having ASEAN investment related agreements responded to economic activities seeking   by   investor   and   service   providers   or   suppliers   practically, harmonization   of investment related laws among AMS is from time to time reiterated “necessarily needed in various aspects”. Since establishment to operation and dispute settlement are under the concept of ASEAN free movement, the host country normally shapes up all processes of doing business by its domestic laws and regulations. Of course, they are depended on each member state’s regime and jurisdiction which always different from each other and in principle not apply cross borders.  The ten members we already have with sovereignty issue in addition, these make the need of integrity of laws moved even harder. Recommended by the authors as an optional choice, recognition and enforcement of foreign judgments, inter-alia, can play its role as a supportive mechanism under harmonization of investment laws. The legal relationship between investors and investors, investors and states or between states and states in AMS then will be undertaken regionally and seamlessly.
REFORMULATION OF CRIMINAL LIABILITY CONCEPT IN CRIMINAL ACT OF CORRUPTION IN INDONESIA BASED ON PANCASILA HERLAMBANG HERLAMBANG
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.44 KB) | DOI: 10.33369/ubelaj.1.1.19-28

Abstract

AbstractThe successful action of eradicating corruption in Indonesia is influenced by the accuracy of formulating the Criminal liability concept of corruptors. Accuracy is needed in determining corruptor to convict those who take part in corruption cases so they can be responsible for their corruptions and be punished according to the regulation applied. This study used an empirical legal research methodology, composing into an article from several research reports. The current concept of criminal liability seems inadequate to arrest the doer that takes part in corruption which has been executed for his criminal responsibility. This indicates the discrimination in sentencing the corruptors. Different from regulation to charge doer in general crimes, a corruptor is charged based on the concept of individual responsibility, thus it is necessary to propose another responsibility which is developed based on Adat Law such as collectivity principle of responsibility
PROSES PERUBAHAN MENDASAR KONSTITUSI INDONESIA PRA DAN PASCA AMANDEMEN Sonia Ivana Barus
University Of Bengkulu Law Journal Vol 2, No 1 (2017): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (577.522 KB) | DOI: 10.33369/ubelaj.2.1.29-55

Abstract

MODEL KEBIJAKAN PEMERINTAH DESA DALAM PENGELOLAAN PASAR DESA DI KECAMATAN SUNGAI GELAM KABUPATEN MUARO JAMBI Meri Yarni
University Of Bengkulu Law Journal Vol 3, No 2 (2018): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.783 KB) | DOI: 10.33369/ubelaj.3.2.159-170

Abstract

Desa sebagai entitas terkecil dari suatu pemerintahan daerah  memiliki peran penting untuk mensukseskan pembangunan nasional. Oleh karena itu eksistensi desa tetap tidak dapat dilepaskan dari pengaturan pemerintah pusat dan diakomodir keberadaannya melalui Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Penelitian ini bertujuan mengetahui dan menganalisis  model kebijakan pemerintah desa dalam pelaksanaan peranan Kepala Desa dalam pengelolaan pasar desa Kecamatan Sungai Gelam  Kabupaten Muaro Jambi dan menganalisis kendala-kendala yang dihadapi oleh Kepala Desa dalam pengelolaan pasar desa Sedangkan kegunaan penelitian ini dapat sebagai acuan dan masukan bagi pihak yang berkompeten khususnya dalam pelaksanaan tugas dari kepala desa  dalam pengelolaan pasar desa khususnya di Kecamatan Sungai Gelam Kabupaten Muaro Jambi. Metode penelitian yang digunakan adalah tipe penelitian yuridis empiris dengan pendekatan perundang-perundangan dan pendekatan  konseptual. Dari hasil penelitian dapat disarankan bahwa hendaknya untuk mengoptimalkan pengelolaan pasar desa di Kecamatan Sungai Gelam Kabupaten Muaro Jambi, pemerintah desa diberi kewenangan  untuk mengeluarkan suatu kebijakan dalam pengelolaan pasar desa dan adanya mekanisme dan sistem pengelolaan yang baku  serta  system pertanggungjawaban yang benar.
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
PENEGAKAN HUKUM TERHADAP ZONA LARANGAN TERBANG BAGI PESAWAT SIPIL ASING DI INDONESIA Silmiwati Silmiwati
University Of Bengkulu Law Journal Vol 2, No 2 (2017): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.301 KB) | DOI: 10.33369/ubelaj.2.2.123-134

Abstract

The sovereignty is the highest authority owned by the state. In the sovereignty decided contained matter relating with the power and responsibility for the state territory. The state have a responsibility to own territory and that state has the power to be competent for apply the no-fly zone. Indonesian state is the sovereign state, therefore with the implementation of no-fly zone meant that no reduction in the sovereignty of Indonesian state. The results showed that no-fly zone was regulated in International Law on Paris Convention 1919 Article 3 and 4, and Chicago Convention 1944 Article 9. The National Law, no-fly zone was regulated on Article 7 Legislation Number 1 of 2009 about Aviation. Indonesia has setting the rule of no-fly zone in the region WAP7 Surabaya Naval Base and WAP23 Balikpapan Flare. Indonesia Air Force has working to maintain the sovereignty of Indonesia.
PERLINDUNGAN HUKUM TERHADAP MASYARAKAT DI SEKITAR KEGIATAN USAHA PT PERTAMINA GEOTHERMAL ENERGY (PT PGE) HULU LAIS DI KABUPATEN LEBONG DITINJAU DARI ASPEK HUKUM LINGKUNGAN Tri Andika; Deli Waryenti; Patricia Ekowati Suryaningsih
University Of Bengkulu Law Journal Vol 4, No 1 (2019): APRIL
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (400.554 KB) | DOI: 10.33369/ubelaj.4.1.91-106

Abstract

People in several villages in the Lebong Tengah and South Lebong sub-districts of Lebong Regency have recently been anxious because of the landslide in Bukit Beliti which is the site of PT PGE's Hulu Lais cluster A. Landslides resulted in the death of 6 people and other material losses in the form of sinking fish ponds, rice fields and community gardens until crop failure. In addition, the source of drinking water for residents (PDAMs) in the two villages is also polluted, black, foamy and smelly. In the drilling process, PT PGE's machines also issued a loud sound, making the ground vibrate and emitting hot and white steam which caused the surrounding air to become hot. As a result, a number of plants in the surrounding gardens become dry and charred. Finally, in the drilling process PT PGE Hulu Lais also drained water from the Mubai river, so that the river water discharge drastically reduced. As a result, residents who have relied on river water for washing, bathing, irrigating rice fields and fish ponds, must find other water sources. For a civil settlement, PT PGE Hulu Lais has handed over a number of compensation to residents both to residents whose families died and residents whose fields or gardens were submerged in mud. Similarly, the Administration of the Environment Agency (DLH) has given several warnings to PT PGE. However, enforcement of environmental law from the aspect of criminal law has not been implemented due to the absence of PPNS staff in the Administration of the Environment Agency (DLH).
HARMONIZATION OF ASEAN LAW IN SOLVING ENVIRONMENTAL ISSUES FOCUSING ON ENVIRONMENTAL IMPACT ASSESSMENT LAW IN THAILAND Amnat Wongbandit
University Of Bengkulu Law Journal Vol 3, No 2 (2018): OCTOBER
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (745.03 KB) | DOI: 10.33369/ubelaj.3.2.117-133

Abstract

As the ASEAN Economic Community was formed, in principle there should be a free flow of economic activities, capital, labor and other things across borders within this community for the benefit of all in the region but in reality, there are still some legal impediments to the achievement of this goal.  Harmonization of law of ASEAN countries would help to ease this problem.  The same is also applicable to the problems of environmental protection as different laws in different jurisdictions could lead to the situation that polluters would certainly try to stay away from a country with strict environmental law and move their business to where the law is not that strict, or law enforcement is quite weak.Environmental impact assessment has played a very important role in environmental protection because it can be used as a method to predict what would be an environmental consequence of carrying out particular project or activity and offer how negative impacts could be prevented or mitigated. This article therefore would like to present the environmental impact assessment law in Thailand which consists of several interesting issues that could be the subjects of debate as to whether it would be possible or practical to harmonize ASEAN laws on such issue

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