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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 ASAS GEEN STRAF ZONDER SCHULD TERHADAP PERTANGGUNGJAWABAN PIDANA PENIPUAN MELALUI MODUS RITUAL MISTIS Ahda Muttaqin; Elmina A Herysta; Faisal Faisal; Pratama Putra Sadewa
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.8.1.35-51

Abstract

Criminal act only refer to being prohibited and punishable by a criminal act. The principle of responsibility in criminal law is not to be punished if there is no mistake (Geen straf zonder schuld). This principle is not stated in written law but in unwritten law this principle applies. In the current era of globalization and technological developments, it does not immediately change the mindset of people to think rationally and modernly. But many Indonesian people without exception, educated or not, believe in mystical things. In crime, all parties can be subject to punishment, including in terms of assisting criminal acts. The purpose of this study is to formulate the norms of delict for fraud and to examine the geen straf zonder schuld principle of criminal liability for fraud through mystical rituals. The approach method used in this writing is a normative and statutory approach and a conceptual approach. The formulation of the problem in this paper is how to formulate the norms of delict delict through mystical rituals and how to study the geen straf zonder schuld principle of criminal liability for fraud. The conclusion of this study is that the formulation of the norm for delict acts of fraud lies in the ways and efforts that have been used by the perpetrators of the offense to move others to believe in something like mystical, supernatural things and the geen straf zonder schuld principle of criminal liability for fraud shows that the principle this is not stated in written law but in unwritten law this principle applies.
PROBLEMATIKA PELAKSANAAN PEMBUKAAN UNDANG-UNDANG DASAR 1945 DALAM SEGI NILAI KEBANGSAAN PADA GENERASI Z DAN ALPHA Elsa Kristina Hutapea; Puguh Santoso; Halomoan FS Alexandra
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.8.1.52-67

Abstract

This article aims to describe the problems of the implementation of the Preamble to the 1945 Constitution with the target point of declining National Values in generation Z and Alpha Indonesia in the Digital era after the Covid-19 pandemic and analyze the urgency of implementing the Preamble to the 1945 Constitution, one of which is educating the nation's life. as one of the efforts to save generations of Indonesians. This article was compiled using the library review method, focusing on the Indonesian generation. Researchers collect data from a variety of sources, such as journal articles, books, and other related sources. The results of this study show that the decline in the value of nationality has escalated, especially after the occurrence of Covid-19, which was marked by many generations of Indonesians who did not know the value of nationality and this caused problems with the implementation of the Preamble to the 1945 Constitution. Covid-19 is a pandemic that has affected the decline in awareness of generation Z and Alpha in addition to all this is a shared responsibility. The attention that should be paid to generation Z and Alpha is not only imposed on educational institutions. However, this is also the responsibility of parents, the Government and community leaders. In addition, other results show that if we do not save generation Z and Alpha, it will have an impact in the future that the successor of the Indonesian nation has regressed because it does not know the value of its own nationality and does not even know its identity as a good Indonesian citizen in fighting for and achieving efforts to educate the nation. Keywords: Covid-19, Generation, National Values
PERTANGGUNGJAWABAN PIDANA PELAKU PENGADANG LAJU AMBULANS PEMBAWA PASIEN EMERGENCY PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN Asep Suherman; Susi Ramadhani
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.8.1.79-97

Abstract

ABSTRACT This article aims to identify and analyze in determining the perpetrator's mistakes and the application of criminal sanctions for the perpetrators of blocking the speed of ambulances carrying Emergency Patients. The type of research used is normative juridical, with a normative and conceptual approach. Primary legal material comes from Act Number 22 of 2009 concerning Road Traffic and Transportation. Secondary legal material in the form of publications about law other than official documents. The material collection is carried out by tracing sources on the internet and in printed form, the material is inventoried and grouped based on type classification and relevance. Described, analyzed deductively and/or inductively to draw conclusions and answer legal issues in research. Obstacles to the speed of ambulances carrying emergency patients often occur in various parts of Indonesia, even though these vehicles have priority rights that must take precedence over their speed on the road, as stipulated in the law on traffic and road transport. This act could have occurred from the attitudes and behavior of the perpetrators who were inhumane, indifferent, arrogant, insensitive, and irresponsible towards others. As a result, there are priority rights of road users that are neglected, harm the interests of patients, and even risk the patient dying before reaching the intended healthcare facility. A situation like this is of course very concerning to all parties. The imposition of social sanctions in the form of clarifications and apologies to the aggrieved parties does not guarantee a deterrent effect and may set a bad precedent in law enforcement going forward. The perpetrators must be sanctioned to be held accountable for their actions based on the applicable law, as a preventive and repressive effort in the future. Key words: Ambulance, Law, Responsibility. Criminal.
HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Benget Hasudungan Simatupang; Clarita William; Sudirman Sitepu; Pipi Susanti
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.8.1.68-78

Abstract

Restitution arrangements are still lacking in terms of fulfilling the rights of victims of criminal acts. It is necessary to study the application for the right of restitution given to children as victims of criminal acts of violence and the legal consequences of restitution not being paid by the perpetrators. This study uses a type of normative research. The collection of legal materials was carried out using literature study techniques and analyzed using descriptive analysis. Government Regulation Number 43 of 2017 does not regulate coercion if the perpetrator is unable to carry out restitution, so there is no guarantee that restitution can be paid to a child as a victim of a crime. Therefore, this causes no certainty for children who are victims of criminal acts to receive restitution and imposition of sanctions against perpetrators of criminal acts who do not pay restitution in accordance with court decisions that have permanent legal force. Restitution in Law Number 12 of 2022 concerning Crimes of Sexual Violence emphasizes that in the event that the confiscated assets of the convict are not sufficient to pay restitution, the convict will be subject to a replacement prison sentence which does not exceed the threat of the principal sentence. The state then provides victim compensation.
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.
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.

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