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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 111 Documents
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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.
Konstitusionalisme Perlindungan Anak terhadap Film di layanan streaming Muhammad Ruhly Kesuma Dinata; Ibrahim Fikma Edrisy
University Of Bengkulu Law Journal Vol. 6 No. 2 (2021): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.6.2.178-185

Abstract

Technological developments in films today are easily obtained through computers, laptops and smartphones by accessing streaming services and can be watched by all people, both young and old, regardless of age. This study uses a normative legal approach. With the streaming service, anyone who wants to enjoy movies can only access them via a computer screen and connected to the Internet without registering. It is accessible without paying a penny. How are children protected against films on streaming services, and what are the inhibiting factors for protecting children against films on streaming services? The objectives of this article are how to protect children against films on streaming services and what are the inhibiting factors for protecting children against films on constitutionalism streaming services; this means the entire fundamental law, both written and unwritten, which governs the administration of state administration in a country. This study uses a normative legal approach, where the data source is obtained from library materials or secondary data, which consists of primary legal materials, including basic norms or rules. In contrast, secondary legal materials include books, research results, and expert opinions. The data obtained will be analyzed using a qualitative descriptive method.   Keywords: Children; Film; Streaming.
KAJIAN BERPERSPEKTIF GENDER TERHADAP PEREMPUAN PEKERJA DI SEKTOR INFORMAL PADA MASA PANDEMI COVID 19 DALAM MEWUJUDKAN KEHIDUPAN YANG LAYAK BERDASAR PASAL 27 (2) UUD 1945 DI KOTA BENGKULU Noeke Sri Wardhani; Susi Ramadhani; Asep Suherman
University Of Bengkulu Law Journal Vol. 6 No. 2 (2021): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.6.2.186-205

Abstract

During the pandemic, women workers in the informal sector, who were also the primary breadwinners, experienced a double burden, were marginalized and experienced an economic burden; even though they did not give up on the situation, they continued to try to support their families. This paper examines the description and analysis of how women workers in the informal sector work during the Covid 19 pandemic to achieve a decent living for their families and analyzes the factors that affect the income or income of women workers in the informal sector, thus reducing the decent quality of life for their families. Moreover, efforts were made to address the economic recovery of his family. This research is descriptive-explanative with a Feminist Law approach. Data analysis was carried out continuously from the beginning to the end of the study by triangulating data through testing, sorting, categorizing, evaluating, comparing, and synthesizing. The study's results, namely the existence of the Covid 19 pandemic, affected the income or income of women working in the informal sector and reduced the quality of life that was decent for their families. It was proven that all families reduced the budget for daily food and drink needs. Efforts to earn income are carried out in various ways so that they can cover their daily needs. Keywords: Covid-19; Informal; Pandemic; Worker.
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.
Analisis Kekerasan Terhadap Orang Lanjut Usia (Lansia) Perempuan di Indonesia Melanie Pita Lestari; Fransiska Novita Eleanora; Zulkifli Ismail
University Of Bengkulu Law Journal Vol. 8 No. 1 (2023): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.1.1-14

Abstract

The problem of violence against women in Indonesia is basically still a mystery that has not been fully resolved by either the government or social organizations concerned with the issue. Violence against women is one of the main problems in the study of Anthropology which also intersects with the studies of feminism, gender equality and gerontology. This problem actually does not only occur in Indonesia, but also throughout the world. At present, violence against women is considered a serious case in Indonesia, because until now these cases of violence are still occurring and even tend to increase and are more varied. Therefore, in this paper, we will discuss violence against elderly women in Indonesia. This study uses a normative juridical research method with a conceptual approach. The results of this study are that elderly women are considered more likely to be victims of violence than elderly men, because elderly women are considered weak, very dependent on other people, unproductive and a burden on the family. The forms of violence against the elderly in Indonesia include; Physical violence, Psychological violence or Emotional violence, Sexual violence, Financial exploitation and Neglect. Violence against elderly women in Indonesia itself is difficult to reveal because it is in the domestic realm of the household which is personal in nature. Keywords: violence, elderly, women
Rekonstruksi Hukum Terhadap Kebijakan Penyelenggara Pemerintahan Nagari Dalam Masyarakat Heterogen Di Sumatera Barat (Studi Pada Nagari Gagut Di Kabupaten Agam) Delfina Gusman; Alsyam Alsyam
University Of Bengkulu Law Journal Vol. 8 No. 1 (2023): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.1.15-34

Abstract

The Nagari Government is the lowest government and the implementation of the Nagari government is based on the traditions and socio-culture of the people of West Sumatra. The form of the Nagari Government has been regulated through the West Sumatra Provincial Regulation Number 7 of 2018 concerning Nagari. The development that occurs from a homogeneous society to a heterogeneous society has the potential for social change both internally and externally. This social change is influenced by various factors, including population transmigration, marriage, and the economy that forces people to settle in the area. The increase in heterogeneous society certainly gives rise to heterogeneous villages in West Sumatra. The results of the first study, the form of legal construction of the village administration policy can be done in an argumentum a contrario. This legal construction is the right model where in order to achieve all the interests of the community in the local nagari, legal discovery can be made by agreement (buek arek) with due regard to local wisdom. Second, the policies in the Nagari Government are special and different from the general village regulations and are based on the values ​​that have been integrated into the Nagari environment..

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