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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 105 Documents
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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.
THE FUNCTION OF CRYPTOCURRENCY EVIDENCE IN THE INVESTIGATION PROCESS OF MONEY LAUNDERING CRIME IN THE FRAMEWORK OF CRIMINAL PROCEDURE LAW REFORM Arief Budiman; Elis Rusmiati; Mien Rumin
Cepalo Vol 7 No 2 (2023): Issue In progress (August 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.2993

Abstract

A cryptocurrency is a new form of Evidence whose existence has not been regulated explicitly and clearly in the Criminal Procedure Code, ITE, and the Money Laundering Law. The problem in this paper is related to the function of electronic currency evidence in the investigation process of money laundering cases. The research method used in this research is normative juridical. The writing stage is carried out through literature searches conducted by examining secondary da, which includes primary legal materials, literature, articles, opinions, experts’ teachings, and their implementation in legislation. When viewed from the Criminal Procedure Code, the Law on Money Laundering, and the Electronic Transactions Information Law, the three cannot be said to accommodate the development of current Evidence. The procedure for investigating and obtaining electronic money evidence should have been regulated in the new Draft Criminal Procedure Code so that formal criminal procedures can be carried out properly.
ENVIRONMENTAL AND SOCIAL INJUSTICE: IMPACT AND SUSTAINABILITY OF SMALL SCALE TIN MINING UNDER INDONESIA’S NEW MINERAL AND COAL REGULATION Derita Prapti Rahayu; Faisal Faisal; Darwance Darwance; Komang Jaka Ferdian
Cepalo Vol 7 No 2 (2023): Issue In progress (August 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3137

Abstract

The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.
IMPLEMENTATION OF LEGAL CERTAINTY PRINCIPLE AND ECONOMIC ANALYSIS OF LAW REGARDING ONLINE SERVICES OF DEMOGRAPHIC ADMINISTRATION IN BANDAR LAMPUNG IN IMPLEMENTING AN ELECTRONIC BASED GOVERNMENT SYSTEM Ragani, Sondika; Rompis, Adrian; Amirullah, Muhamad
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.2975

Abstract

Establishing a regulation regarding information and electronic transactions (ITE), which aims to develop Information Technology, can be carried out optimally, evenly, and spread to all levels of society to educate the nation's life. Establishing an Electronic-Based Government System (SPBE) aims to realize clean, effective, transparent, accountable governance, quality, and reliable public services. The Lampung Provincial Government has made a policy regarding implementing Population Administration. Still on the other hand, the Lampung Provincial Government still needs to provide facilities and infrastructure to improve the quality of population administration services online, both at the provincial and Bandar Lampung City levels. This contradicts the principles, goals, and ideals of the ITE Law and the SPBE. This study uses the Normative Empirical method. The results of this study indicate that the principle of legal certainty in the online Population and Civil Registration Administration Services in Bandar Lampung City has not been implemented as evidenced by the absence of a regulation regarding facilities and infrastructure to support population administration services and civil registration via online and the services provided have not provided satisfaction towards the people of Bandar Lampung City.
THE FUNCTION OF CRYPTOCURRENCY EVIDENCE IN THE INVESTIGATION PROCESS OF MONEY LAUNDERING CRIME IN THE FRAMEWORK OF CRIMINAL PROCEDURE LAW REFORM Budiman, Arief; Rusmiati, Elis; Rumin, Mien
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.2993

Abstract

A cryptocurrency is a new form of Evidence whose existence has not been regulated explicitly and clearly in the Criminal Procedure Code, ITE, and the Money Laundering Law. The problem in this paper is related to the function of electronic currency evidence in the investigation process of money laundering cases. The research method used in this research is normative juridical. The writing stage is carried out through literature searches conducted by examining secondary da, which includes primary legal materials, literature, articles, opinions, experts’ teachings, and their implementation in legislation. When viewed from the Criminal Procedure Code, the Law on Money Laundering, and the Electronic Transactions Information Law, the three cannot be said to accommodate the development of current Evidence. The procedure for investigating and obtaining electronic money evidence should have been regulated in the new Draft Criminal Procedure Code so that formal criminal procedures can be carried out properly.
DISPUTE ON LAND STATUS IN THE TRANSMIGRATION VILLAGE AREA IN AND AROUND THE FOREST AREA IN PURWOTANI VILLAGE LAMPUNG SELATAN Wijonugroho, Pradipta; Akib, Muhammad; Tisnanta, HS; Sumarja, FX
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3022

Abstract

One of the objectives of transmigration is to move people from one area to another in the context of population distribution and development. Transmigration participants will be given residential land and business land. The promised land for business often needs to be clarified or still has the status of forest land. Transmigrants are still facing the problem of obtaining business land so horizontal and vertical land disputes are often found in the province of Lampung. This study aims: first, to analyze government policies in resolving land status disputes in transmigration villages in Lampung Province. The type of research used is normative empirical with a statutory approach. Legal materials required by legislation, documents, and library materials. The data obtained were analyzed using qualitative methods. The results of the study show that the Government's Policy in Settlement of Transmigration Village Land Status Disputes in Lampung Province, especially in the Purwotani village area which is included in Register 40 Gedongwani is carried out through a community empowerment program in the form of a social forestry program which is in line with Presidential Regulation 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. The legal implication is that transmigrants do not get land ownership rights as business land but only use forest land (social forestry). It is recommended to the government considering that transmigrants control land business first then the determination of the Gedongwani Register 40 forest area, the government should release the forest area by changing the forest area boundaries and give it to transmigrants with land ownership rights, and not limited to social forestry.
TENDER OFFER PRACTICES AND IMPLEMENTATION OF THE COMPULSORY TENDER OFFER OF PT. MULIA BOGA RAYA TBK BY PT. GARUDAFOOD PUTRA PUTRI JAYA TBK Erlangga, Jati
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3033

Abstract

The issue of tender offers has surfaced, among others, because there have been several cases of takeovers of public companies by other parties, causing losses to other shareholders, especially public shareholders. The main issues to be discussed, namely how the regulation of Tender Offers in Indonesia, what are the legal consequences of Tender Offers. This research aims to find out the regulation of Tender Offer in Indonesia and the impact of Take Over on Public Companies that are taken over. The form of research in writing this journal is a normative legal research jurisdiction using a statutory approach. The results in this research. The regulations regarding takeovers and tender offers are contained in Law Number 8 of 1995 concerning the Capital Market and Government Regulation number 27 of 1998. the result of this study is that in 2011 the Government passed Law Number 21 of 2011 concerning the Financial Services Authority which resulted in the transfer of power regarding macroeconomic regulation from Bank Indonesia to OJK which includes the Take Over and Tender Offer process. In 2020 PT Garudafood Putra Putri Jaya, Tbk. Did a Takeover (Take Over) to PT Mulia Boga Raya, Tbk.
ENVIRONMENTAL AND SOCIAL INJUSTICE: IMPACT AND SUSTAINABILITY OF SMALL SCALE TIN MINING UNDER INDONESIA’S NEW MINERAL AND COAL REGULATION Prapti Rahayu, Derita; Faisal, Faisal; Darwance, Darwance; Jaka Ferdian, Komang
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3137

Abstract

The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.

Page 8 of 11 | Total Record : 105

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