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Recca Ayu Hapsari
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+6285640245878
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jurnal.fh@ubl.ac.id
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Jl. ZA Pagar Alam No 26 Labuhan Ratu Kedaton Bandar Lampung, Indonesia (Fakultas Hukum, Universitas Bandar Lampung
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INDONESIA
Progressive Law Review
ISSN : -     EISSN : 27162141     DOI : https://doi.org/10.36448/plr
Core Subject : Social,
Progressive Law Review (PROLREV) is an journal Faculty of Law University of Bandar Lampung. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. A recommendation by the Editors on specific research issues to be covered in each volume may be made available to prospective contributors prior to publication of the volume in April and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 2 No 01 (2020): April" : 6 Documents clear
ACADEMIC STUDY OF DISTRICT FORMATION SOUTH INDRAGIRI Satriawan Fikri, Novyar; Azhar, Ali
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

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Abstract

This research is motivated by the geographical conditions of Indragiri Hilir Regency in the Southern Region of Riau Province with an area of + 18,812, 97 km2, the vast area of Indragiri Hilir Regency coupled with the condition of almost 80% of the territorial waters which causes a range of spite and the difficult distance of the community with Central government. This type of research belongs to the type of Observational Research legal research by survey. the formation of new autonomous regions will increase the cost of administering government, but is expected to improve the quality and equity of services to the community, increase the acceleration of economic development, especially in rural areas, facilitate the growth of democratic life in the regions, improve security and order in the regions, contribute to unity and nationality (nation building). Keywords
LEGAL POSITIVISM IN CONSTITUTIONAL COURT DECISION 46/PUU-XIV/2016 Ramadhan, Febriansyah
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.25

Abstract

This paper examines the Constitutional Court Decision 46 / PUU-XIV / 2016 through the approach of the flow of legal philosophy, specifically legal positivism which resides behind decisions that reject the petition of the applicant. Tensions between the philosophical schools of law always occur, until the judges give their decisions. This decision was classified as a hard case, which was very full of paradigm disputes. The focus of the study in this study is to look at the judges' consideration with the logical positivism approach to law. This is done because the foothold that is the basis of legal arguments places several statutory regulations at the constitutional level and the law becomes the main analysis stone looking at the problems/premise of the major, where the authority adds norms not the authority of the Constitutional Court. Therefore, the formulation of the problem in this study is the identification and analysis of arguments with nuances of legal positivism in the Constitutional Court Decision 46 / PUU-XIV / 2016. The research method used is the Doctrinal / Normative Research, which is the main legal material to be examined in this study, which is the Constitutional Court Decision 46 / PUU-XIV / 2016. The type of approach, using the analytical approach (analytical approach) and philosophical approach (philosophical approach). Conclusions from this study: The flow of legal positivism with its arguments based on axiology, ontology, and epistemology dominates the judges so that the presence of the decision rejects the petition of the applicant. The flow of legal positivism comes with reasoning/logic that is very tight and closed, which makes the legislation as the main basis, thus limiting judges to conduct self-restraint, and submit it to the legislators to execute what is expected of the applicant. In addition, the issue of the principle of legality that upholds legal certainty is also the main reason for the judges who reject the decision. The tension between the flow of legal philosophy in this decision occurs, where legal positivism which originally had a theoretical tension with the flow of natural law and historical schools, also occurred where judges who had dissenting opinions based their arguments on the flow of natural law and historical schools.
ANALYSIS OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON ACTION OF RUBBER CONTINUOUS CRIMINAL ACTION IN RUBBER PLANTATION PT. PERKEBUNAN NUSANTARA VII UNIT KEDATON DESA SABAH BALAU KECAMATAN TANJUNG BINTANG REGENCY OF LAMPUNG SELATAN Sunia, Muhammad Rizki Mauludin; Ainita , Okta
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.26

Abstract

Criminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime.
ENFORCEMENT OF THE LAW AGAINST THE PROPAGATION OF INFORMATION THAT INCITES HATRED OR INDIVIDUAL HOSTILITY BASED ON ETHNIC, RELIGIOUS, RACIAL, AND INTER-GROUP THROUGH SOCIAL MEDIA Berlian, Arthur tahta
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.27

Abstract

In a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time. The conflict occurs for any reason both least and the greatest and sometimes difficult to solve. In conflict situations, there can be conflicts between individuals, conflicts between groups, and even more complex conflicts, such as conflicts between tribes, religion, race, and inter-group that are subsequently in brief (SARA). The problem raised in this research is why perpetrators commit a criminal offence dissemination of electronic information containing the issue of SARA, how to apply criminal sanctions against perpetrators who spread the issue of SARA through social media based on prevailing laws and regulations, and how judgment of judges against perpetrators of dissemination of information containing the issue of SARA through electronic media. The results of the study showed that the causes of criminal issues spread to the issue of the perpetrators is the hatred of the Lampung people, because the perpetrator has had a dispute understanding of someone who is in Lampung. Differences of thought, disputes between individuals and groups is often the case, but do not necessarily blaspheme, overtake, and harasses with profanity phrases. Social Media was created for the means of communication and not for the event of the blasphemy.
JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (VERDICT STUDY NUMBER: 237/PID. B/2018/PN KLA) Pramisela, Oktasari Putri; Hesti, Yulia
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.28

Abstract

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.
CONSIDERATION OF THE JUDGES AGAINST CRIMINAL CORRUPTION PERPETRATORS GRATIFICATION IN THE PROCESS OF AUCTION PROCUREMENT OF GOODS/SERVICES IN THE GOVERNMENT REGENCY OF PESAWARAN Norma, Tria Dara; Seftiniara, Intan Nurina
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.29

Abstract

Corruption impacts the state's financial losses and inhibits national development. As a result of the corruption crimes that occur so far in addition to the financial harm of the country or the country's economy, it also inhibits the growth and continuity of national development that demands high efficiency. The research methods used in this paper are juridical normative, and empirical approaches. The data used is secondary data and primary data. Data analysis using qualitative analysis of juridical. The judges were corrupt that the granting of criminal sanctions against gratuities had to be more severe because the defendant's actions were a form of error to be taken into account, no justification or excuse that eliminated criminal liability for the defendant. The judge must provide a fair criminal verdict for the defendant meaning that it is intended to provide a deterrent impact on the perpetrator of the crime, so as not to repeat the occurrence of the same crimes and expected for law enforcement officials especially judges in the sanction of defendants, judges can explore the legal values contained within the community. It is intended to create a sense of fairness towards society. It is expected that governments and academics and legal practitioners conduct periodic discussions/seminars to discuss attempts to address corruption.

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