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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 65 Documents
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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.
THE URGENCY OF THE BASIC LEGAL CLARITY OF THE TASK OF ASSISTED INDONESIAN NATIONAL MILITARY AND POLICE IN HANDLING TERRORISM Soesanto, Abimanyu Iqbal
Progressive Law Review Vol 2 No 02 (2020): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i02.30

Abstract

Pemerintah Indonesia telah mengesahkan Undang-undang Republik Indonesia Nomor 15 tahun 2003 tentang Penetapan Peraturan Pemerintah Pengganti Undang-undang No. 1 Tahun 2002 Tentang Pemberantasan Tindak Pidana Terorisme, Menjadi Undang-Undang. Dalam artian bahwa, terorisme adalah permasalahan yang harus diberantas dengan model penegakan hukum, sehingga POLRI adalah instansi penegak hukum yang memiliki tugas utama dalam menangani aksi teror. Selain itu didalam ketentuan undang-undang terorisme tersebut, terdapat salah satu pasal yang secara tegas melibatkan keterlibatan TNI dalam menangkal, menindak, dan memulihkan segala dampak yang disebabkan oleh aksi teror, disebutkan juga bahwa TNI dalam menangani aksi teror merupakan dalam rangka melaksanakan tugas pokoknya yang dilakukan dengan cara Operasi Militer Selain Perang (OMSP), namun yang jadi permasalahan adalah belum adanya kejelasan dasar hukum tugas perbantuan kedua instansi tersebut sehingga membuat kegambangan satuan bawah dalam melakukan tugas perbantuan, mengingat sepanjang sejarah dari kedua instansi tersebut memiliki konflik yang tak terlupakan. Tulisan ini membahas tentang faktor apa saja yang membuat pentingnya kejelasan dasar hukum tugas perbantuan TNI dan POLRI dalam penanganan terorisme dan untuk mengetahui bagaimana skenario tugas perbantuan diterapkan.
HAK BERDAULAT, KEWAJIBAN YURISDIKSI DAN HAK-HAK LAIN DI ZONA EKONOMI EKSKLUSIF Dwi Ramasari, Risti; Aprinisa, Aprinisa; Ainita, Okta
Progressive Law Review Vol 2 No 02 (2020): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i02.31

Abstract

The international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982. The sea is divided into several parts / zones, namely the territorial sea, internal waters, contiguous zones, archipelagic waters, the exclusive economic zone and the high seas. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. In the exclusive economic zone, coastal countries have sovereign rights for exploration and exploitation purposes, conservation and management of natural resources, both living and non-living, from the waters above the seabed and from the seabed and the land below and with respect to other activities for the purposes of exploration and economic exploitation of the zone, such as energy production from water, currents and wind; jurisdiction as defined in the relevant provisions of this Convention with respect to the creation and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. Other rights and obligations as defined in this Convention Key words: Exclusive Economic Zone, Sovereign Rights, Jurisdictional Obligations
CREDIT SAVING EFFORTS AFFECTED BY CORONA VIRUS DISEASE 2019 (COVID-19) THROUGH THE CREDIT RESTRUCTURE PROCESS. Aprinisa
Progressive Law Review Vol 2 No 02 (2020): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i02.32

Abstract

The pandemic over the Corona virus Disease 2019 (Covid-19) outbreak is engulfing the world which has left many people dead and all sides of human life affected. Not only is it life-threatening but the impact of the Covid-19 pandemic has also had a significant impact on the survival of the world economy and a country in particular. As a result of the Covid-19 pandemic, economic growth was hampered, business activities were forced to close so that there were many layoffs everywhere, the investment climate became sluggish, and people’s incomes were reduced even zero, resulting in the inability of people to meet their needs, especially for credit debtor customers. The impact of the Covid-19 pandemic has caused credit debtor customers to have difficulty carrying out their obligations to pay installments on loans or loans to banking institutions. At the current conditions, the bank in carrying out its operational activities is required to provide relief and policies to credit debtor customers directly affected from the Covid-19 pandemic and one of the efforts that can be made is the implementation of credit Restructure to maintain the health and correctness of the credit provided.
RECRUITMENT OF LAW FACULTY LECTURERS AND THE IMPLICATIONS OF OUTPUT GRADUATES IN THE MANPOWER SECTOR Rifka Yudhi; Prastyo, Agung Budi
Progressive Law Review Vol 2 No 02 (2020): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i02.34

Abstract

The symmetrical relationship that shapes the quality of graduates cannot be separated from the existence of Human Resources, namely qualified lecturers. A qualified lecturer is produced by quality recruitment and continuous coaching. Because the curriculum is as great as it is, with lecturers who have no motivation or even the ability to interpret texts and contexts, it is certain that they experience difficulties in presenting an optimal learning method and in the end have a significant effect on the output of graduates. The focus of this article is: (1) to understand in depth why the lecturer recruitment process has a strong correlation with the quality of public services; and (2) to know and understand how the quality of law faculty lecturers affects output graduate. This research was conducted with a normative juridical approach, because in this study the assessment was carried out based on legal norms and principles, applicable laws and regulations and other library materials relevant to the research topic. The conclusions obtained, among others, show that: (1) The process of recruiting lecturers to PNS Lecturers, Permanent PNS Lecturers and Permanent PTS Lecturers will affect the quality of public services in the university scope. This is based on several factors, including intention, quality commitment, individual quality, and how the work unit, namely universities and faculties, always carries out intensive coaching for young lecturers who have been recruited in the context of implementing the Tri Darma of Higher Education; (2) The quality of a lecturer is obtained through a long process since his early days as a lecturer which can be achieved through seriousness, focus, and consistency through a continuous coaching process. The qualities possessed by a law faculty lecturer also contribute to shaping the mindset, understanding, and competence of students that have an impact on output graduate. The further impact of the output of this graduate is the extent to which a university graduate can be absorbed in the world of work, be it in Ministries, Institutions, Agencies or Regional Governments, as well as in private agencies.
IMPACT OF MERAPI SAND MINING IN KLATEN CENTRAL JAVA Syaifulloh, Arief K.
Progressive Law Review Vol 2 No 02 (2020): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i02.35

Abstract

In the general explanation of Law No. 4 of 2009 on Mineral and Coal Mining it isoutlined that the Basic Law 1945 Article 33 paragraph (3) affirms the earth, water, andnatural wealth contained therein is controlled by the state and used for the greatprosperity of the people. In this study, the authors examined how environmentaldamage impacts the merapi sand mining in Klaten. The research method used in thisstudy is empirical legal research, where in empirical research emphasizes more on thesymptoms and consequences that occur based on the field, or in another sense thisstudy uses observation methods as primary data to see how the law in action goes.From the results of the research obtained that the impact of merapi sand mining in thecentral java klaten is the first impact on the damage of agricultural land, plantation landthat certainly threatens the availability of land for future generations of farmers thatwill certainly have an impact on food availability, secondly damaging evacuation routesand thirdly disrupting water content, ecology, landslide prone.
IMPLEMENTATION OF A GENERAL INTEREST PRINCIPLE OF VILLAGE INFRASTRUCTURE DEVELOPMENT BASED ON ARTICLE 83 LAW NUMBER 6 OF 2014 ABOUT THE VILLAGE (Study of Bumi Agung Wates Village, Way Kanan District) Anggalana; Irawan, Wayan Riki; Pratiwi, Ayang Widi; Rinanda, Diandra
Progressive Law Review Vol 3 No 01 (2021): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i01.43

Abstract

The problem that exists in Bumi Agung Wates Village, Way Kanan Regency, is the unequal development of village infrastructure. This condition can be seen from the connecting road between Way Kanan Regency and East Ogan Komering Ulu Regency, precisely Bumi Agung Wates Village (BAW), Bahuga District, Way Kanan Regency, Lampung Province, with badly damaged conditions. The problem of this research is How is the implementation of the principle of orderly public interest in village infrastructure development based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? and What are the factors inhibiting the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical. Based on the results of the study it was concluded that the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages, had not been implemented to the fullest because development in the village of Bumi Agung Wates Way Kanan Regency was only a road in an alley or small road; while the main road has not been developed at all, while the main road is widely used by the community or farmers to transport crops to be brought to the city. The inhibiting factors for the implementation of the principle of order of public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages are among others the relatively low level of community education and facilities and infrastructure in the form of community work equipment that does not support until the end of physical implementation. As a suggestion from the author, the Way Kanan Regency Government should be able to resolve the problem or the inhibiting factor of the implementation of the principle of public order in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages in Bumi Agung Wates Village, Bahuga District, Way Kanan Regency. The government of Bumi Agung Wates Village, Bahuga Subdistrict, Way Kanan Regency,
REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE Yanto, Nur Hairul Hari; Nasarudin, Muhammad
Progressive Law Review Vol 3 No 01 (2021): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i01.44

Abstract

In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.
PUBLIC POLITICAL PARTICIPATION IN ELECTIONS IN BANDAR LAMPUNG Muhammad, Tubagus; Okta , Restu Viandi
Progressive Law Review Vol 3 No 01 (2021): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i01.45

Abstract

One indicator of electoral success is the high level of unapologetic participation of the public. High participation guarantees the legitimacy of government and protection of citizens' suffrage. In the 2019 concurrent elections, the low level of political participation in Bandar Lampung, Lampung Province, was low. Participation is important to be researched considering the success of an election can be seen from the level of community participation. Participation is closely related to legitimacy, the higher the level of voter participation in elections, the more legitimate the government it produces. Government supported by the majority of society naturally will be easier to get support for programs and policies to be implemented. The involvement of the public in the selection of his deputy allows for a process of check and balance between the political officials of the election results and their constituents so that the mandate rope between the two is not immediately severed. One indicator of electoral success then is the high level of public participation in voting. Therefore, this research in terms of political participation is an important aspect in the country involving the public in the implementation and implementation of elections. Because the political participation of the community is an important aspect in the order of the State of democracy.

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