cover
Contact Name
Recca Ayu Hapsari
Contact Email
recca@ubl.ac.id
Phone
+6285640245878
Journal Mail Official
jurnal.fh@ubl.ac.id
Editorial Address
Jl. ZA Pagar Alam No 26 Labuhan Ratu Kedaton Bandar Lampung, Indonesia (Fakultas Hukum, Universitas Bandar Lampung
Location
Kota bandar lampung,
Lampung
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 65 Documents
THE REVITALIZATION OF THE INDONESIAN LEGAL SYSTEM IN THE ORDER OF REALIZING THE IDEAL STATE LAW Fauzia, Ana; Hamdani, Fathul; Octavia, Deva
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.v3i01.46

Abstract

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.
REGULATION AND IMPLEMENTATION OF NATIONALITY PRINCIPLES FOR RAPE AND SEXUAL ASSAULT ABOARD Ramadan, Suta; Seftiniara, Intan; iqbal, 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.v3i01.47

Abstract

Sexual violence is an unwanted sexual behavior, such as a request to have sexual intercourse and other sexual behaviors by verbal and physical violence. The problem in this study is how is the legal regulation of rape and sexual assault in Indonesia? and How is the implementation of active national principles for rape and sexual assault crimes that occur abroad? The research method used in this research is normative research method, by examining legal problems using existing literature materials. This study will analyze the legal arrangements for perpetrators of rape and sexual assault crimes to the implementation of the principle of nationality for perpetrators of rape and sexual assaultcrimes that occur abroad. The conclusion in this study is that there needs to be an expansion in the Draft KUHP in regulating criminal acts of immorality, especially rapes committed similarly, both carried out by men and women and the application of the principle of personality both active and passive can be given by the state if the crime is related to the interests of the state, and the existence of bilateral agreements between the two countries so that legal diplomacy can run smoothly until it gets the best way out.
LAND CONFLICT AND IMPACT ON TOLL ROAD DEVELOPMENT FOR PUBLIC BENEFIT IN SOUTH LAMPUNG REGENCY Novriwan Hakim, Muhamad Galank; Martinouva, Rissa Afni
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.v3i01.48

Abstract

The development of the Trans Sumatera toll road for the Bakauheni Terbanggi Besar Section II package currently causes uncertainty in the calculation of compensation for residual lands, so that there is a change in the function of the land from the remaining land affected by the development. The remaining land referred to in this study is the rest of the land that has been compensated by agencies that need land, in this case the Ministry of Public Works and Public Housing but still leaves problems that have not been resolved. The problem in this study relates to the basis and process of settlement of compensation for the residual land that has lost its social function and economic value in the construction of the JTTS Bakauheni-Terbanggi Besar Section, efforts that must be undertaken by the community for the remaining land that loses social function and economic value in the JTTS development Large Bakauheni-Terbanggi Section. This research is a normative and empirical juridical research. This research was conducted in Serdang Village, tanjung Bintang District, South Lampung Regency.
AUTHORITY AND JURIDICAL REVIEW OF THE DECISION OF THE ELECTION ORGANIZATION COUNCIL (DKPP) IN PRODUCING DEMOCRATIC ELECTIONS IN INDONESIA (Analysis of Law Number 7 of 2017 Concerning General Elections) Perdana, Andre Pebrian; Fatihillah, Teuku M Naufal
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.53

Abstract

ABSTRACT The Election Organizer Honorary Council (DKPP) is one of the triumvirate of election organizers in Indonesia. Election law politics in Indonesia is in a status a quo giving DKPP such coercive authority regarding enforcement of the code of ethics. However, so coercive of the powers that DKPP actually raises fundamental questions, namely those related to: 1. How does the code of ethics correlate with the implementation of democratic elections in Indonesia? 2. How does DKPP's authority correlate with the creation of democratic elections? This research is a juridical study that uses a statute approach, a conceptual approach, and a case approach to address these problems. Based on this research, it is found that the Election Code of Ethics is correlated as a manifestation of the organizing rules that are formed together in order to create honest and fair elections in order to create substantially democratic elections, not just procedural ones. In addition, it was found that the coercive authority of DKPP is to ensure that Election Administrators comply with the Code of Ethics, which is the rules for administering elections. When DKPP does not have this coercive authority, it will make DKPP appear to be a blunt sword which will lead to elections that do not reflect substantive democracy. Keywords: democracy, Honorary Council for Election Implementation.
REVIEW OF MALPRACTICE AMONG LAND DEED OFFICIALS FROM THE POINT OF CRIMINAL LAW Putri, Destia Liana; Gunadi, Ariawan
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.54

Abstract

This study discusses malpractice among PPAT related to alleged violations of the law against the deed he made. This was motivated by the presence of PPAT who was suspected of committing an act that was indicated as a crime so that it was reported to the Police Investigator. In this case, it is necessary to prove the truth because the PPAT deed is an authentic deed that is binding on the parties and is perfect, then PPAT has its own Code of Ethics and Law that must be obeyed. The purpose of this study was to determine the criteria for malpractice PPAT? Criminal liability if PPAT commits malpractice? The ideal supervision reconstruction of PPAT in terms of minimizing the occurrence of malpractice among PPAT? The research method used in this research is using normative juridical research methods, namely library law research supported by interviews. The results showed that the criteria for malpractice PPAT must meet 7 legal signs which are instructions that must be obeyed by PPAT, in cases that have occurred if PPAT actually commits malpractice, criminal sanctions are applied in Article 263 of the Criminal Code regarding letter falsification, the supervisory mechanism for PPAT is divided in 3 levels, namely Regional, Regional and Central
THE EFFECTIVENESS OF THE INSTRUCTION OF THE MINISTER OF INTERNATIONAL AFFAIRS NUMBER 15 YEAR 2021 CONCERNING IMPLEMENTATION OF LIMITATIONS ON CORONA VIRUS DISEASE EMERGENCY COMMUNITY ACTIVITIES 2019 IN JAVA AND BALI Soesanto, Abimanyu Iqbal; Fil'laili, Satria
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.55

Abstract

This paper will discuss the post-implementation of the Instruction of the Minister of Home Affairs Number on the PPKM policy, which regulates operational restrictions. What is discussed is the position of these regulations in the Indonesian legal system and considerations in human rights values. This paper aims: to provide an understanding to the public that the importance of paying attention to the legal position of a regulation issued by a government agency is an effort so that the public is not blind to the law and to know about the effectiveness of the regulation. The primary data of this paper is the instruction of the Minister of Home Affairs Number 15 of 2020 regarding PPKM, While the secondary data legal materials in this study were obtained from library materials related to the problem. The position of the Minister of Home Affairs Instruction No. 15 of 2021 regarding PPKM has strong legal force even though the Ministerial Instruction is not part of the Hierarchy of Laws Then Regarding PPKM policies carried out by the government in accordance with rights values Human rights are universal, visibility, interdependence, and inalienable. In the context of the implementation of the fulfillment of the rights to freedom, the right to move, the right to work, the right to social security must be based on the principles of universality, equality and non-discrimination. Other than that,
ANALYSIS OF REFERRAL PROCEDURES ACCORDING TO LAW NUMBER 1 YEAR 1974 CONCERNING MARRIAGE AND THE COMPILATION OF ISLAMIC LAW (Study at KUA Rajabasa) Ansori; Marefa, Dina
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.58

Abstract

Marriage is a means to form a household as a bond that is recognized by the community where they live as legal husband and wife. However, as time goes by, it is not uncommon to have quarrels between husband and wife caused by third parties, economics, and other things, resulting in divorce. Rujuk means returning to life as husband and wife between a man and a woman doing divorce by way of talak while still in iddah without marriage who has the right to reconcile her husband as a balance of her divorce rights. The purpose of the study is to understand the procedure for reconciliation according to Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law studies at the KUA Rajabasa, and to understand the comparative analysis of law related to the synchronization of procedures for reconciliation according to Law Number 1 of 1974 concerning marriage and the Compilation of Laws.
INFLUENCER'S EFFECT ON SOCIOLEGAL AND ECONOMIC DEVELOPMENT IN A DEVELOPING COUNTRY, ESPECIALLY IN INDONESIA Nurcahyo, Nanang
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.59

Abstract

The development of the era is much influenced by several factors, ranging from technological developments, economics and dynamic regulations. but of all these factors are much influenced by the thoughts or influences of world leaders. there are world leaders in politics, religion, celebrities and wealthy businessmen who can influence developing countries. With this influence, it will have an impact on several aspects of human life, so that it will cause a massive change in various aspects of life
URGENCY, LEGAL FORM AND ENFORCEMENT, SYSTEMATIC PRINCIPLES OF COUNTRY Idham
Progressive Law Review Vol 3 No 02 (2021): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i02.60

Abstract

Outlines of State Policy (GBHN) are one of the central issues that are currently being discussed in the state administration. In various occasions of socialization of the four pillars of the state by the People's Consultative Assembly (MPR), the discourse on reviving the GBHN as a guideline for national development planning became one of the materials. This is inseparable from Recommendation No. 2 of MPR RI Decree No. 4/MPR/2014 concerning Recommendation of MPR RI for 2009-2014 term of office. The results of a careful study in responding to polemics bring back the Outline of State Policy (GBHN) as recommended by the MPR RI for the 2014-2019 period which involves the participation of the people throughout Indonesia by involving various components as the direction of development that they feel. The substance in the Main Principles of State Policy only contains strategic policies that will become a reference for the preparation of development policies by the government.
THE CONFLICT OF THE NORMS IN THE EXECUTION OF SECURED OBJECTS WHICH ARE ENFORCED BY LIABILITY RIGHTS WHEN THE DEBTOR IS BANKRUPT Ana Fauzia; Deva Gama Rizky Octavia; Fathul Hamdani
Progressive Law Review Vol 4 No 01 (2022): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i01.67

Abstract

In a transaction, for example a company's working capital credit agreement with a bank, occurs where the bank asks for collateral in the form of mortgage rights in guaranteeing the company to pay its debts to the bank. However, because the company's assetsto be pledged as collateral do not exist or are insufficient, third party assets (individual companies/shareholders/directors/commissioners) are tied up. However, problems arise when the company is unable to pay its debts to the bank and then the bank files a bankruptcy petition which results in the debtor (company) being declared bankrupt. So that in the event that the debtor has been declared bankrupt, the execution process is carried out by the curator under the authority of the supervisory judge. The execution of collateral objects when the debtor goes bankrupt is related to two main problems, namely, related to legal regulations regarding execution and the status of collateral objects related to the bankruptcy of the debtor. With regard to the legal regulations concerning execution and the status of collateral items if the debtor is bankrupt, two different arrangements were found, namely between Law no. 37 of 2004 concerning the KPKPU and Law no. 4 of 1996 concerning Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws beat general Laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.