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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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Progressive Law Review
Published by Universitas Bandar Lampung
ISSN : -     EISSN : 27162141     DOI : https://doi.org/10.36448/plr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 10 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2024): November" : 10 Documents clear
THE URGENCY OF DIGITAL VILLAGE DEVELOPMENT TO EMPOWER VILLAGE AUTONOMY isharyanto
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.163

Abstract

Based on Law Number 6 of 2014 concerning Villages, village authority is village autonomy and villages are seen as having a fairly large role in providing public services for the community. Along with the development of information and communication technology, a transformation towards a Digital Village must be carried out. This article is the result of legal doctrine research by prioritizing data in library materials. Sources of information are obtained through regulations and scientific publications that are relevant to the research topic. Based on research, social contractual utilitarianism is the philosophical basis for digital transformation in village government and to realize a Digital Village must meet the following requirements. First, participatory, that is, it is prepared with the agreement of the residents and is in line with development plans in the Regency. Second, there is a need for a legal basis in the form of a Village Regulation on Digital Villages which is in accordance with the village development plan and describes the character that the Village wants to develop. Third, have a road map in the form of stages for developing a Digital Village.
APPLICATION OF CRIMINAL SANCTIONS AGAINST PERPETRATORS OF PSYCHOLOGICAL DOMESTIC VIOLENCE IN HOUSEHOLDS tri, yesi; Dona Raisa Monica; Firganefi
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.169

Abstract

Domestic Violence is a complex issue influenced by various factors, including a lack of awareness and understanding of psychological violence as a legal violation. Although Law Number 23 of 2004 on the Elimination of Domestic Violence (PKDRT) regulates forms of violence such as physical, psychological, sexual, and economic neglect, its enforcement still faces numerous challenges. Criminal sanctions against perpetrators of psychological violence, such as imprisonment or fines, often fail to provide a sufficient deterrent effect due to multiple inhibiting factors. This study employs a normative juridical method with a literature review approach to understand the application of criminal sanctions against perpetrators of domestic violence. The results indicate that the main challenges in law enforcement include weak legislation, limited understanding among law enforcement officers, inadequate support facilities, and low public awareness of victims rights. Additionally, patriarchal cultural factors, social stigma, and the perception that domestic violence is a private matter exacerbate the situation. The lack of public education on victims' rights and legal procedures further complicates the law enforcement process. Data show that psychological violence is one of the most frequently reported forms of domestic violence, yet its handling remains suboptimal. Legal reform, improved capacity of law enforcement, and better support services for victims are crucial to ensuring effective protection and recovery. Furthermore, public education and changing mindsets, along with addressing gender-biased cultural norms, are essential to overcoming domestic violence issues.
IMPLEMENTATION OF INTERGRATED ASSESSMENT AS A MEASURE TO ANTICIPATE OVERCAPACITY IN CORRECTIONAL INSTITUTIONS bimantoro, satria; Sri Riski
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.217

Abstract

Narcotics Crime Continues to be a Major Issue in Law Enforcement in Indonesia, Now Facing a Significant Surge in the Trafficking of Illegal Narcotics. The development of handling narcotics cases now involves integrated assessments aimed at providing rehabilitation for users, rather than solely imposing criminal sanctions. Correctional Institutions (Lapas) are also facing overcapacity issues due to the surge in narcotics-related cases. This study aims to identify the effectiveness of the implementation of integrated assessments in addressing overcapacity in Correctional Institutions. Using a mixed-methods approach, this research evaluates the effectiveness of integrated assessments in mitigating overcapacity in correctional institutions caused by the rise in narcotics cases in Indonesia. The qualitative method involves in-depth interviews, focus group discussions, and case studies for practical evaluations. The quantitative approach includes surveys and statistical data analysis regarding perceptions and conditions of overcapacity. The integration of results from both methods is expected to provide a comprehensive overview, identify challenges, and formulate strategic steps to improve the law enforcement and rehabilitation system.This study assesses the implementation of integrated assessments in addressing overcapacity in correctional institutions resulting from the surge in narcotics cases in Indonesia. Narcotic addiction, which is progressive and prone to relapse, requires medical and social rehabilitation. The integrated assessment, involving both medical and legal teams, aims to determine rehabilitation needs. The findings show that integrated assessments can reduce overcapacity by offering risk evaluations, alternative sentencing, and more effective rehabilitation programs. Furthermore, increasing correctional facility capacity, regular monitoring, and stakeholder engagement are necessary for long-term solutions.
THE IMPACT OF TECHNOLOGY AND SOCIAL MEDIA ON THE INCREASE IN DIVORCE CASES Nadriana, lenny; Idham; Maulidiana, Lina
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.218

Abstract

This study examines the impact of social media on divorce rates in Bandar Lampung City. The phenomenon of social media and information technology has influenced the way people communicate, make friends, and establish romantic relationships. The problem in this study is why divorce can be caused by media use. This study aims to identify how social media plays a role in increasing divorce rates.This study uses a qualitative research method with a library study and case study approach. The study's results indicate that the development of social media impacts divorce rates and acts as a risk factor in marriage. It can trigger jealousy and distrust and cause disputes that lead to divorce. Social media has also become a means of online shopping and then online gambling, affecting economic factors that ultimately cause chaos and divorce.
The Validity of Articles 240 and 241 of Law No.1 of 2023 concerning the Criminal Code Refers to the Constitutional Court Decision Number 013-022/PUU-IV/200 Uly Fatana; Annisa Mila Zakiya; Rusni Mayang Sari
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.220

Abstract

Sejak tahun 1918 Indonesia telah menggunakan KUHP sebagai dasar penetapan hukum pidana. Seiring berjalannya waktu, tidak sedikit ahli hukum yang berpendapat bahwa Indonesia memerlukan KUHP baru yang lebih sesuai dengan perkembangan masyarakat saat ini. Dengan diundangkannya Undang-Undang Nomor 1 Tahun 2023 tentang KUHP, maka Indonesia memiliki KUHP baru yang dinilai sesuai dengan perkembangan masyarakat Indonesia saat ini. Akan tetapi, terdapat pasal-pasal yang unsur-unsurnya sama dengan pasal-pasal yang telah dinyatakan bertentangan dengan UUD 1945 oleh putusan Mahkamah Konstitusi, yaitu Pasal 240 dan 241 Undang-Undang Nomor 1 Tahun 2023 dengan Pasal 134, 136 bis, dan 137 KUHP. Berdasarkan uraian tersebut, maka timbul permasalahan mengenai keabsahan pasal tersebut dalam sistem hukum Indonesia. Penelitian ini menggunakan jenis penelitian yuridis normatif dengan pendekatan kepustakaan. Dengan memperhatikan teori kepastian hukum dan keabsahan hukum, Pasal 240 dan Pasal 241 Undang-Undang Nomor 1 Tahun 2023 mempunyai unsur yang sama dengan Pasal 134, Pasal 136 bis dan Pasal 137 KUHP yang telah dinyatakan tidak mempunyai kekuatan hukum mengikat, sehingga Pasal 240 dan Pasal 241 Undang-Undang Nomor 1 Tahun 2023 dapat pula dinyatakan tidak mempunyai kekuatan hukum mengikat.
LEGALITY OF CONTRACEPTIVE USE IN CHILDREN AND ADOLESCENTS BASED ON GOVERNMENT REGULATION NO. 28 OF 2024 Satrio Bagus Tatag Ananto; Wiwik Afifah
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.224

Abstract

This study aims to find out how the legality of contraceptive use in children and adolescents is based on Government Regulation No. 28 of 2024. The method used in this study is normative juridical using a statutory approach and a conceptual approach. The focus of the research is on adolescent reproductive health rights and human rights principles, as well as the challenges and implications of such policies. Although it aims to reduce the number of unwanted pregnancies among adolescents, the regulation has raised a variety of controversies, including moral and cultural issues. The results of this study show that the legality of the use of contraceptives for children and adolescents based on Government Regulation No. 28 of 2024 is still limited by strict legal provisions. Although this policy aims to protect the reproductive health of adolescents, restricting access to contraceptives can actually increase the risk of unwanted pregnancies and the spread of sexually transmitted diseases. Therefore, there needs to be a balance between legal regulations, health education, and social values to ensure better protection for adolescent reproductive health in Indonesia.
Access to Justice: Challenges and Opportunities for Lawyers in Serving Underrepresented Communities Akhmad Indra Pranata; Rifqi Fadhli Ramadhan; Juan Fellix Ericson; Khairul fadlan lubis
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.231

Abstract

Access to justice remains a critical issue, especially for underrepresented communities facing significant legal service barriers. Lawyers play a vital role in bridging this gap, yet they encounter numerous challenges, such as financial constraints, systemic biases, and limited resources. This paper explores the obstacles and opportunities for legal practitioners to serve marginalized groups. It highlights innovative strategies, including pro bono work, community legal clinics, and the use of technology to make legal services more accessible. The discussion emphasizes the need for systemic reforms and collaborative efforts to create a more equitable legal landscape.
LEGAL PROTECTION FOR HOLDERS OF BUILDING USE RIGHTS ON LAND MANAGEMENT RIGHTS Susilawati, Susilawati
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.233

Abstract

The problems related to land in Indonesia seem endless. The increasing population causes the need for land, such as developing residential areas, industry, tourism, or other purposes. In contrast, the land available for it stays the same or is permanent. In this study, the period of the Building Use Rights ended in 2001; the community should have increased their Building Use Rights or upgraded the status of the Building Use Rights to property rights when 2 (two) years before the Building Use Rights expired. As the owner of the Management Right, the local government can evict (evict) the owner of the Building Use Rights above the Management Right. Still, the government must also prioritize the rights of citizens, especially regarding the right to get healthy housing. Legal protection for the community is essential to maintain harmony and integrity in the life of the nation and state. The existence of transparent laws and regulations that are by the wider community's needs is one of the foundations for the community to protect the existing and future land. Management rights are the right to control land from the state whose implementation authority is partially delegated to its holders. Land management rights can be given to other parties as Building Use, Property, or Use Rights. For the Building Use Rights above the management rights, if this will be used as collateral, the dependent rights are installed for the benefit of creditors with the approval of the management right holders. The method used in this study is a socio-legal research approach, which is sourced from collecting primary and secondary data and then analyzed using qualitative analysis methods. The results of the researcher's findings show that the Building Use Rights that stand on the management rights can be burdened with dependent rights but must obtain approval from the holder of the management rights.
PENERAPAN PERSAMAAN PADA POKOKNYA BERUPA UNSUR NAMA MEREK DALAM GUGATAN PEMBATALAN MEREK: PENERAPAN PERSAMAAN PADA POKOKNYA BERUPA UNSUR NAMA MEREK DALAM GUGATAN PEMBATALAN MEREK Jacksumet, Julinus; Sahat Marulitua Sidabukke
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.235

Abstract

Trademark registration in Indonesia requires strong distinguishing power to differentiate a brand, which identifies the origin and characteristics of a product or service. Under Article 21, paragraph (1) of Law Number 20 of 2016, trademarks lacking this power will be denied registration. However, the inconsistency in handling trademark disputes in Indonesia often leads to a lack of legal certainty. Some judges focus only on auditory similarities, ignoring visual differences, while others consider all elements, including visual appearance and product type. This study examines the application of the principle of equality in trademark cancellation lawsuits prioritizing name elements. Utilizing normative legal methods through literature studies, legal references, and interviews, the findings reveal that a brand's distinguishing power is significantly influenced by the pronunciation of its name, which contributes unique meanings and identities, setting it apart from other registered brands.
MENDESAIN ULANG KEWENANGAN BAWASLU DALAM MENANGANI PELANGGARAN PEMILU ansori
Progressive Law Review Vol. 6 No. 2 (2024): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i2.237

Abstract

Bawaslu's authority in preventing election violations is often constrained by the election process itself. When the election process is completed, all problems that occur during the process must also be considered complete, while Bawaslu's authority cannot be limited as long as the law does not regulate it. This is a problem in the process of resolving election violations by Bawaslu. The purpose of this study is to redescribe Bawaslu's authority in resolving election disputes, while the method used in this research is normative legal research method with the approach of legislation and concepts, the result is that Bawaslu is limited by the determination of election results and the Constitutional Court's decision, the solution is the Strengthening of Bawaslu's Authority in Handling Election Violation Disputes, and the Synchronization of the Dispute Resolution Process, This means that the Election Law requires the settlement of disputes in Bawaslu to be completed first before the process in the Constitutional Court (MK) in order to prevent overlapping decisions between Bawaslu and the Constitutional Court, and the most important thing is to provide sufficient time and authority for Bawaslu to carry out its duties, so that no one interprets any restrictions on Bawaslu's authority in resolving disputes over election violations.

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