Cepalo
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.
Articles
105 Documents
<![CDATA[RESTORATIVE ASSESSMENT BASED ON THE RESULTS OF INTEGRATED ASSESSMENT PROSECUTION OF RESTORATIVE JUSTICE ABUSE ]]>
<![CDATA[Bayu Mediansyah]]>
<![CDATA[ Cepalo Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no1.2648
<![CDATA[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.]]>
<![CDATA[IMPLICATIONS OF OMNIBUS LAW ON JOB CREATION TOWARDS REGULATIONS IN DECENTRALIZATION PERSPECTIVE ]]>
<![CDATA[Yulia Neta]]>;
<![CDATA[Malicia Evendia]]>;
<![CDATA[Ade Arif Firmansyah]]>
<![CDATA[ Cepalo Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2683
<![CDATA[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.]]>
<![CDATA[HYPNOTHERAPY FOR CHILD PERPETRATORS IN CRIMINAL ACTS ]]>
<![CDATA[Ratna Widianing Putri]]>
<![CDATA[ Cepalo Vol 6 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2688
<![CDATA[Social changes in the era of technological advances open up great opportunities for lousy content for children's education, such as pornography, violence, bullying, murder, and others. This can cause a child's subconscious mind to learn and observe the environment so that it is embedded as values and mindsets and ultimately triggers children to commit criminal acts. Developing a more comprehensive coaching model to change behavior and thought patterns by accessing the subconscious mind through hypnotherapy techniques is not enough based on these conditions. The research method in this article is exercised through a literature study using primary and secondary data. The purpose of this research the article is to inform a model from the guide for child perpetrators of criminal activity through that Addition from a hypnotherapy program and to inform a model of guidance at LPKA for child perpetrators of criminal acts through the Addition of a hypnotherapy program. The theoretical approaches to analyze this article are differential association theory and coaching theory. The research method involves in-depth interviews with informants and a literature study using secondary data from decisions, journals, books, previous research, and articles.]]>
<![CDATA[THE PROBLEMS OF THE RIGHT TO CLEAN WATER FROM THE SALUKI RIVER FLOW FOR THE POST-DISASTER PASIGALA COMMUNITY ]]>
<![CDATA[Nursiah Moh Yunus]]>;
<![CDATA[Rosdian Rosdian]]>;
<![CDATA[Mohammad Saleh]]>
<![CDATA[ Cepalo Vol 6 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2698
<![CDATA[As one of the natural elements needed by humans and other living things, the availability of clean water is essential for the community, especially after the earthquake, tsunami, and liquefaction disasters which hit Palu City Sigi Regency and Donggala Regency (PASIGALA). As time gues on significantly it, it has almost entered its third year after the disaster; this vital issue has developed because the water condition suitable for community consumption, which was previously felt to be abundant and could be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a vital part of human right. Therefore, the state should fulfill it as the implementation of control of resources (water) by the state. Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly governs the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfillment of the right on water in Indonesia according to conception and philosophy contained in Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus stands for limiting problems regarding the fulfillment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems in which: 1) the development of global conceptions and ideas have carried the importance of water resources and their recognition as one of the essential values of human rights.]]>
<![CDATA[LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA ]]>
<![CDATA[Desimaliati Desimaliati]]>
<![CDATA[ Cepalo Vol 6 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2704
<![CDATA[Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this article uses normative legal research method. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underline the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though each marriages consist of different religions.]]>
<![CDATA[LEGAL PROTECTION OF MEDICAL AND HEALTH PERSONNEL IN THE IMPLEMENTATION OF COVID-19 VACCINATION ]]>
<![CDATA[Faddly Hendarsyah]]>
<![CDATA[ Cepalo Vol 6 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2706
<![CDATA[The COVID-19 disease outbreak in 2019 brought many impacts on human life. Many people died due to Covid-19, and countries worldwide are trying to find solutions so that the COVID-19 outbreak can be overcome. Vaccines are the best solution for now in providing prevention of the COVID-19 pandemic. The government also organizes mandatory COVID-19 vaccinations for the public to avoid this COVID-19 disease. The issuance of the approval for the COVID-19 vaccination is carried out because it is a public health emergency or Emergency Use Authorization (EUA). This research uses normative juridical research methods and empirical legal research. In general, research activities are carried out by collecting sources from reading materials such as books and laws and regulations and conducting several interviews. The results from this study show that medical and health personnel have received legal protection in implementing COVID-19 vaccination, both preventively and repressively. On the other side there are factors that have the potential to cause medical disputes are Unexpected Events after COVID-19 Vaccination, incomplete information from officers, incomplete and correct information and information from the patient regarding the patient's medical history, incorrect assessment of the state of the vaccine target, and negligence of officers. However, this can be prevented by conducting education related to AEFI, ensuring the quality and safety of vaccines and injectable vaccines according to the correct procedures, increasing officers' knowledge and ability, and doing suitable IEC for patients.]]>
<![CDATA[IMPLICATIONS USING ELECTRONIC STAMP DUTY AUTHENTIC AS PROOF OF ELECTRONIC DOCUMENTS IN INDONESIA ]]>
<![CDATA[Febia Salwa Pandora]]>;
<![CDATA[Edmon Makarim]]>
<![CDATA[ Cepalo Vol 6 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v6no2.2722
<![CDATA[The rapid development of the times affects all aspects of life. In this digital era, government regulations must also follow the flow of changes, including stamp duty. In 2020, the Minister of Finance, Sri Mulyani, inaugurated the e-Material. This electronic stamp duty issuance raises questions about its implications for its use as proof of document authenticity. This study aims to explain the use of e-stamp as a means of proving their authenticity and provide answers to their benefits to the community. This research uses a normative method through searching regulations and applicable regulations and synchronizing existing research data with applicable laws. The implementation of the stamp duty system is still preserved in Indonesia even though the Netherlands itself, as the originator, has not implemented the system for a long time. Trough stamp duty has a budgetary function and a document authentication function, there are still many shortcomings in the authentication function. The absence of recording information regarding the purchaser of stamp duty, identity, and description of what documents are attached creates ineffectiveness on the authenticity proof function. In contrast, the later proves that system in Indonesia is still not qualified, and it is sufficient to say that the sealing system must apply the rules of information security law.]]>
<![CDATA[THE AUDIT AUTHORITY THE STATE AUDIT BOARD OF THE VILLAGE FINANCIAL MANAGEMENT IN SOLOK REGENCY ]]>
<![CDATA[Budiyono Budiyono]]>;
<![CDATA[Yusdiyanto Yusdiyanto]]>;
<![CDATA[Irdham Riyanda]]>
<![CDATA[ Cepalo Vol 7 No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v7no1.2814
<![CDATA[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.]]>
<![CDATA[IMPLEMENTATION OF THE RIGHT TO OBTAIN LEGAL ASSISTANCE FOR POOR CITIZENS AT THE INVESTIGATION STAGE ]]>
<![CDATA[Oktri Sasmita Yudha]]>
<![CDATA[ Cepalo Vol 7 No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v7no1.2833
<![CDATA[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.]]>
<![CDATA[IMPLEMENTATION DIVERSION IN SETTLEMENT CASES FOR CHILDREN PERPETRATORS CRIME THEFT AT TANJUNG KARANG DISTRICT COURT ]]>
<![CDATA[Daffa Ladro Kusworo]]>;
<![CDATA[Maghfira Nur Khaliza Fauzi]]>
<![CDATA[ Cepalo Vol 7 No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Lampung ]]>
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DOI: 10.25041/cepalo.v7no1.2855
<![CDATA[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.]]>
