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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 6 Documents
 1 
Search results for , issue "Vol 7 No 1 (2023)" : 6 Documents clear
THE AUDIT AUTHORITY THE STATE AUDIT BOARD OF THE VILLAGE FINANCIAL MANAGEMENT IN SOLOK REGENCY Budiyono Budiyono; Yusdiyanto Yusdiyanto; Irdham Riyanda
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2814

Abstract

Village development is one of the government's agendas in the third nawacita listed in the 2020-2014 RPJMN. Nonetheless, the uncertainty of administrative law related to institutional authority and the mechanism for examining village financial management is still a problem. BPK-RI, as the state financial examiner, has not been explicitly mandated in the package of the State Finance Law to conduct audits of the village government and village finances. This research method was carried out through normative juridical and empirical juridical analysis methods to map the inspection model needed by the village government. The analysis was carried out using the theory of state finances and the theory of state financial audits, and the theory of authority. Research suggests that in the future, an adjustment is needed between the package of Laws on State Finance to align with the package of Laws related to Villages. The results of the study concluded that the authority currently owned by BPK-RI in managing village finances has the potential for arbitrary action (willekeur) by BPK-RI and the potential to submit a lawsuit for authority against BPK-RI in the future. Meanwhile, the village government, represented by the Nagari government in Solok Regency, revealed that the audit carried out by the BPK-RI had been beneficial in encouraging improvements in the performance of the Naga government, nonrequired that the BPK-RI could focus on the SPI audit model and the performance of the Nagari government. Therefore, the ideal inspection model can be carried out through integrated auditing.
IMPLEMENTATION OF THE RIGHT TO OBTAIN LEGAL ASSISTANCE FOR POOR CITIZENS AT THE INVESTIGATION STAGE Oktri Sasmita Yudha
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2833

Abstract

Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.
IMPLEMENTATION DIVERSION IN SETTLEMENT CASES FOR CHILDREN PERPETRATORS CRIME THEFT AT TANJUNG KARANG DISTRICT COURT Daffa Ladro Kusworo; Maghfira Nur Khaliza Fauzi
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2855

Abstract

The implementation of Diversion solves children's cases with peace efforts outside the judicial process and always provides legal protection to children to fulfill their future interests. In the data obtained that the implementation of Diversion in the settlement of cases of child perpetrators of the crime of theft in 2022, the Tanjung Karang District Court has succeeded in carrying out diversion cases in 3 cases out of 11 cases theft. However, there was a failure in carrying out Diversion because only one of them was successfully handled by Diversion, indicating that obstacles were found that affected the success of the Diversion. This study uses normative Law accompanied by legal rules that apply in society and literature studies in the form of books, journals, etc. The analytical method that will be used for this normative legal research is to use qualitative analysis methods. The data from this qualitative analysis are obtained from various sources in qualitative research; data analysis is more focused during the process in the field and data collection. It can be concluded that obstacles affect the success of Diversion at the Tanjung Karang District Court because the victim does not agree to the diversion agreement. There are objections to the compensation fee that the perpetrator must make to the victim and different understandings of law enforcement officials (APH) to implement Diversion successfully.
PRETRIAL JUDGE AUTHORITY IN ADJUDICATING ADMINISTRATIVE ACTIONS CARRIED OUT BY THE DIRECTORATE GENERAL OF CUSTOMS Erdianto Effendi; Rena Yulia
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2863

Abstract

The Directorate General of Customs and Excise has administrative and law enforcement authority. In practice, judges often understand administrative authority as an investigative authority, thus granting pretrial requests for Acts that are the administrative authority. The method used is normative legal research is descriptive qualitative with qualitative analysis techniques using primary, secondary, and tertiary legal materials. The results showed that pretrial judges differed in interpreting administrative authority. Only two of the five judges interpreted administrative authority as not pretrial objects. Supposedly, judges are not authorized to examine the administrative authority exercised by Customs and Excise. Recommendations This research is to minimize the expansion of interpretation of the authority of forced efforts so that the issuance of the Supreme Mahakamh Circular or revise the Customs and Excise Law.
FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE Arisa Murni Rada; Muhaimin Limatahu; Ahmad Mufti
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2886

Abstract

This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.
LEGAL PROTECTION OF INDIGENOUS INSTITUTIONS IN THE FRAME OF THE RULE OF LAW (PERSPECTIVE OF LEGAL PROTECTION THEORY) Safrin Salam
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2898

Abstract

Indigenous institutions in Indonesia are a local wisdom inherited from the ancestors of the Indonesian State. This research is normative legal research, namely legal research conducted by researching and examining statutory regulations, starting from Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that the arrangements for protecting traditional institutions in Indonesia, namely that the State is obliged to protect the natural rights of humans themselves, namely customary law communities, are based on the Decision of the constitutional court no. 35/puu/ix/2012, namely customary rights in both private law and public law. John Locke's theory of protection is related to regulations issued by the State to provide legal protection for rechtgemeschappen, which needs to be studied juridically and sociologically. While the harmonization of customary institutional protection norms in Indonesia, namely by carrying out a legal review (reviewing) of legal regulations against Permendagri with Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Permendagri Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of customary law communities and ulayat lands.

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