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Bayu Sujadmiko
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Gedung C. Fakultas Hukum Universitas Lampung. Jl. Prof. Dr. Sumantri Brojonegoro No. 1 Bandar Lampung, 35145
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Cepalo
Published by Universitas Lampung
ISSN : -     EISSN : 25983105     DOI : https://doi.org/10.25041/cepalo
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memiliki visi untuk menjadi jurnal ilmiah di bidang ilmu hukum yang sesuai dengan kearifan lokal Provinsi Lampung, yang akan di analisis secara komprehensif dengan perundang-undangan Nasional atau Internasional dan kondisi sosiologis. Misi dari Cepalo adalah untuk mempublikasikan hasil penelitian ilmiah di bidang ilmu hukum baik dalam skala nasional, maupun skala internasional. Cepalo pada dasarnya berisi topik tentang hukum, sistem hukum, hukum dan ekonomi, sosiologi hukum, antrophologi hukum, kebijakan publik, hukum internasional, hukum adat, hukum administrasi, hukum agraria, hukum islam, hukum bisnis, hukum pidana, hukum kesehatan, filsafat hukum, hukum kesehatan, hukum tekhnologi dan budaya. Namun tidak membatasi pokok bahasan mengenai studi hukum komparatif dan tidak menutup kemungkinan bagi penelitian yang bertemakan tentang kearifan lokal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 6 No 1 (2022)" : 7 Documents clear
THE LEGALITY OF THE BOARD OF DIRECTORS OF STATE-OWNED ENTERPRISES' CURRENT POSITIONS REGARDING PRICE FIXING AGREEMENT VIOLATIONS Puteri Nurjanah; Elisatris Gultom; Anita Afriana
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2386

Abstract

The relationship between concurrent positions and price-fixing is explained in the Business Competition Supervisory Commission ("KPPU") Regulation Number 4 of 2011 regarding price-fixing behavior as regulated under Article 5 of Law Number 5 of 1999 will be efficiently conducted if competing companies have concurrent positions. This issue can potentially harm the business competition environment and severely impact the business situation in Indonesia. Although there are laws prohibiting concurrent positions, the practice of concurrent positions is still common, particularly for members of the Board of Directors ("BoD") in State-Owned Enterprises ("SOE"), which are supposed to manage public benefits and public welfare. The problems that will be discussed in this research are the legal certainty of the practice of concurrent positions by SOE directors and how the implications of the practice of concurrent positions of SOE directors on violation of price agreements in the case of increasing airfare prices. This study constitutes legal uncertainty regarding concurrent positions of the BoD in SOEs, and the Minister of SOE Regulation Number 3 of 2015 allows a member of the BoD of SOE to have concurrent positions. However, this contradicts the above regulations, which prohibit such practices. Therefore, there has been an inconsistency of norms between the Law and its implementing regulations, which violate the provisions in the higher hierarchy resulting in the practice of having concurrent positions that cause direct implications for the violation of the price-fixing agreement in the related case
OPTIMIZATION OF MALUKU'S DIRECTORATE GENERAL OF CUSTOMS AND EXCISE SUPERVISION FUNCTION IN THE ARCHIPELAGIC REGIONS FOR EXCITED GOODS CIRCULATION Ahmad Mufti; Muhaimin Limatahu
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2580

Abstract

The Directorate General of Customs and Excise is engaged in customs and excise. Meanwhile, as the technical implementer at the district/city level, the Customs Supervision and Service Office has the task of carrying out the formulation and implementation of policies in the field of supervision, law enforcement, service, and optimization of state revenues in the customs and excise sector following the provisions of laws and regulations. The general goal of this research is to determine the extent to which the Ternate Office of the Directorate General of Customs and Excise implements the supervisory function in supervising the circulation of excisable goods and other contraband goods in the North Maluku community, while the specific goal of the study is to determine the efforts optimization carried out by the Ternate Office of the Directorate General of Customs and Excise. Furthermore, studies revealed that the Ternate Office of the Directorate General of Customs and Excise continues to improve its performance to optimize the internal control function of excisable goods as measured by Key Performance Indicators and collaboration between institutions such as the Operational Facility Base, the Indonesian Navy, the Indonesian Amy, the Indonesian Air, and Water Police, the National Narcotics Agency or Badan Narkotika Nasional (BNN), the Ministry of Tr, and the Ministry of Tr. The most noticeable obstacle is the number of personnel and facilities spreading across the vast area being monitored, the strategic area of the North Maluku waters, community and cultural factors.
THROUGH VILLAGE-OWNED BUSINESS AGENCIES, TOWARDS TOUGH TOURISM VILLAGE Ni Kadek Poniasih; Feni Rosalia; Maulana Muklis; Tabah Maryanah
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2582

Abstract

The development of the tourism sector is one of the efforts to improve the local and global economy by independently implementing the region's potential, including tourism management. Because the tourism and culture in Lampung province are pretty interesting, it is necessary to develop tourism into a tourist village through BUMDes. Tourism village management based on local potential necessitates community awareness and participation to constantly innovate and be creative in developing village areas that are used as tourist villages. To examine the development of ecotourism based on Village Owned Enterprises (BUMDes), especially in Lampung Province, the problem discussed in this research is how to develop ecotourism through BUMDes toward an internationally competitive tourism responsibility village. The research method used in this writing is a normative research method with a statute approach and analyzed using content analysis. The reported research demonstrates; First, the research shows that developing ecotourism through village-owned enterprises (BUMDes) to reach a tourist village can be accomplished by empowering rural communities with the goal of community welfare. BUMDes' existence can be accepted as a means of improving welfare. The presence of BUMDes in Indonesia has grown in tandem with the number of villages that comprise BUMDes. Second, tourism development can be realized through local community-based BUMDes with the participation of Pokdarwis, who previously managed tourism and whose initial capital was funded by village contributions and donations. It is a pity if a village has tourism potential and BUMDes but does not collaborate to develop a website into a tourist village. Because, in essence, Lampung Province already has culture and ecotourism that can be promoted nationally and internationally.
THE IMPLEMENTATION OF HEALTH PROTOCOLS ON E-COURT SYSTEMS DURING THE COVID-19 PANDEMIC ERA (In Bandar Lampung City) Muhammad Fakih; Selvia Oktaviana; Ely Nurlaili; Dita Febrianto; Nilla Nargis
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2584

Abstract

The COVID-19 Pandemic has significantly impacted the health sector and the economy. As an affected country, the Indonesian Government has issued many policies to prevent and control the Covid-19 virus. However, substantial problems arise, with the absence of compliance from some people in certain areas, such as Bandar Lampung City, Lampung Province. Although the local Government issued Regional Regulation Number 3 of 2020 concerning Adaptation of New Habits in the Prevention and Control of Corona Virus Disease 2019 to regulate the community's obligations in implementing the 3M are still Health Protocol in public spaces, the main problem in this study is the people of Lampung Province's lack of discipline in implementing the 3M Health Protocol and the dynamics of implementing e-Court during the Pandemic. Therefore, there needs to be a review regarding the effectiveness of implementing the 3M Health Protocol to prevent the spread of Covid-19 in Bandar Lampung, as well as the application of e-Court in the perspective of other laws and regulations. The research method used in this study is empirical law research, taking a problem-based approach to a behavioral approach supported by primary data sourced from data sources. The implementation of the 3M health protocol through Regional Regulation Number 3 of 2020 shows quite effective results in its application in public spaces based on a survey of 86 respondents from the people of Bandar Lampung City. It was recorded that 83.5% of 86 respondents stated that public services at the Court had been carried out online, while 16.5% stated that they were done online through e-Court but limited. However, when taken as a whole, the implementation of health protocols and e-Courts as part of the effort to prevent the spread of Covid-19 is relatively good; it's just that certain obstacles must be evaluated.
THE EXPLANATION OF THE CHILD AND WIFE'S INHERITANCE RIGHTS AS A RESULT OF SIRI LEGITIMATE MARRIAGE Dwi Tatak Subagiyo; Desi Nurkristia Tedjawati
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2589

Abstract

Children out of wedlock (illegitimate children), according to Law No.1/1974, still have a legal relationship with their mother and their mother's family. In contrast, in KUHPdt/BW, the legal relationship exists only with the person who acknowledges it. The Constitutional Court stated that Article 43 paragraph (1) of the Marriage Law is conditional unconstitutional. The decision of Constitutional Court Number: 46 / PUU-VIII / 2010 regarding the status of children born outside of marriage raises new problems regarding the distribution of inheritance from the father to the child. In Islamic law, the distribution of inheritance cannot be implemented because, according to the concept of Islamic inheritance law, there are conditions such as lineage or a legal relationship according to marriage. In that regard, this study will comprehensively discuss the characteristics of inheritance distribution to children out of wedlock in positive Indonesian law, as well as the castration of a wife's inheritance rights as a result of the legal consequences of inheritance distribution to children out of wedlock based on Constitutional Court Decision Number: 46/PUU-VIII/2010. The method used in this research is normative legal research using the case approach method by analyzing the relevant laws and regulations and examining cases related to inheritance rights for children born out of wedlock. The results confirmed the apparent support for the inheritance rights of illegitimate children is indeed in the mother's family line. Article 863 BW states that if the inheritance leaves a legal offspring or husband or wife, the illegitimate children inherit 1/3 of what legitimate children would receive.
RESTORATIVE ASSESSMENT BASED ON THE RESULTS OF INTEGRATED ASSESSMENT PROSECUTION OF RESTORATIVE JUSTICE ABUSE Bayu Mediansyah
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2648

Abstract

Narcotics Law has ensure rehabilitation medical and social for abuser narcotics. However on level enforcement law , rehabilitation abuser narcotics no as well as immediately done, abuser narcotics must go through the appraisal process more first . In system Justice criminal , stage prosecution hold strategic role. With Thus it is also important to know the appraisal process for abuser narcotics on Step prosecution, because of that, article this will analyze problem in the assessment process addict narcotics on Step prosecution and how optimizing restorative justice in prosecution user narcotics based on recommendation assessment integrate? For answer problem the used method study normative empirical descriptive and qualitative. Research results show that on Step prosecution, there is a number of problem in the assessment process for abuser narcotics, Difference view enforcement law dominate problem this. Settings evaluation integrated have factor strength binding, means, and weak infrastructure, and culture law Public no understand benefit evaluation and more choose criminal prison for abuser narcotics, one approach potential for complete problem this is justice restorative. In Thing this the application of restorative justice is optimized with socialization and education about evaluation user drugs, increase coordination enforcement law, raising funds for implementation assessment, and enhancement facility and facility evaluation user drugs.
IMPLICATIONS OF OMNIBUS LAW ON JOB CREATION TOWARDS REGULATIONS IN DECENTRALIZATION PERSPECTIVE Yulia Neta; Malicia Evendia; Ade Arif Firmansyah
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no2.2683

Abstract

The discussion about omnibus law in the formation of laws and regulations has become a continuing discourse to this day, this is because omnibus law has been implemented in Indonesia through the work copyright law contained in Law Number 11 of 2020 concerning Job Creation. In its development, through the Constitutional Court Decision Number 91/PUU-XVIII/2020 on the Formal Review of Law Number 11 of 2020 concerning Job Creation, it is stated that the Job Creation Act is conditional. However, on one hand, the Instruction of the Minister of Home Affairs Number 68 of 2021 regarding the Follow-up to the Decision of the Constitutional Court Number 91/PUU-XVIII/2020 becomes a dilemma because in Indonesia regions must continue to follow the Job Creation Act and make adjustments to regional regulations on the follow-up to the existing law. The content material in the work copyright law is so diverse that it consists of eleven clusters and has changed, deleted and/or stipulated new arrangements for several provisions regulated in various laws, which have implications for the laws and regulations below them, including the regulations. On the other hand, some local government authorities have also experienced a shift through the law. The implications of the omnibus law regarding job creation on regional regulations include the deregulation of various regional regulations as a delegation of norms from higher regulations, and the responsibility of regional governments in harmonizing and synchronizing regional regulations in an effort to optimally implement autonomy and co-administration tasks.

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