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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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ANIMAL INSURANCE OF CATTLE/BOW IN INDONESIA: REGULATION, MECHANISM AND RESPONSIBILITY Yana Listiyani
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.v4i01.68

Abstract

Running a livestock business may pose risks such as death of animals due to death, accidents, loss/theft, natural disasters including disease outbreaks and price fluctuations. Any potential risks must be minimized to avoid losses. If the farmer cannot prevent or face the risk, he will experience a loss. Risks in cattle/buffalo farming include management, production, human resources, price, finance, loss and death risks that can cause losses. Cattle/buffalo animal insurance is included in the type of agricultural insurance regulated in the law. Number 19 of 2013 concerning Protection and Empowerment of Farmers, but still referring to the Law of the Republic of Indonesia number 40 of 2014 concerning insurance, the AUTS Program is a type of loss insurance. As an agreement between the insurer (insurance company) and the insured (cow breeder) it must be subject to the provisions of the KUHD and the Civil Code. The guidelines set out in implementing AUTS are in accordance with the provisions of insurance law, starting from the provisions of the agreement between the insurer and the insured, the object being insured, the premium to be paid by the insured, the provisions of the insurance policy made and signed by each party, to the mechanism for submitting a claim.
THE URGENCY AND FINANCIAL SERVICES SECTOR DISPUTE SETTLEMENT MECHANISM THROUGH ALTERNATIVE DISPUTE SETTLEMENT INSTITUTIONS Aprinisa
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.v4i01.69

Abstract

Settlement of disputes that occur between Consumers and Financial Services Providers can not only be done through litigation (court) but there are also other options through Alternative Dispute Resolution (non-litigation) channels which are commonly called APS. The choice of dispute resolution through APS is an answer to the needs of Financial Services Enterprises and consumers since it is efficient, effective, and low cost so that it can reduce operational costs. In addition, with the support of sophisticated dispute resolution technology through the Financial Services Sector Alternative Dispute Resolution Institution, the disputing parties do not have to meet face-to-face but it can be done using electronic media. The method used in this research is a normative juridical study, by examining the norms/rules contained in the legislation and library materials. The study in this research is about the urgency and mechanism of dispute resolution through the Alternative Dispute Resolution Institution in the Financial Services Sector.
RELEVANCE OF THE LAW ON THE ELECTION OF REGIONAL HEADS WITH LAW ABOUT LOCAL GOVERNMENT Erlina
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.v4i01.70

Abstract

The role of political parties as bearers of the functions of socialization, education, participation, and political recruitment is a very effective medium in triggering the political participation of local people. The existence of a discourse on changing the Regional Head Election system in the Regional Head Election Bill must be formulated in a comprehensive manner. So that the result will make the quality of democracy in Indonesia better, and whether direct elections for governors, regents or mayors will have changes and variations for the better in the future. The main problems in this research are: How is the relevance or suitability of the Draft Law on Regional Head Elections to Law concerning Regional Government. The results of this study conclude that: There is relevance between the Bill on the General Election of Regional Heads and Law concerning Regional Government, namely regarding the principle that regional head elections are carried out democratically based on the principles of direct, general, free, confidential, honest and fair. Suggestions that can be submitted are to the government, to obtain a regional head election system that reflects responsive democratic values, it should be studied in depth in the discussion of the Regional Head Election Bill. To the DPR, it is necessary to more deeply examine the various potentials and practices of informality that may arise accompanying the post-conflict local election.
PROCEDURE FOR REGISTRATION OF MARRIAGE AGREEMENTS AFTER THE MARRIAGE IS DONE Yulia Hesti
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.v4i01.71

Abstract

Marriage can sometimes give rise to problems regarding property, namely regarding joint property with husband and wife as well as personal property and or innate property. On the basis of selfishness, it is often not realized that one party feels that all the wealth obtained in marriage is the result of his own hard work. This is what often triggers a commotion so that household trips are not harmonious and in line. The problem studied is how the procedure for registering a marriage agreement after the marriage has been carried out. The method used is a normative juridical way. Procedure for Registration of Marriage Agreements After Marriage is carried out based on the Post-Constitutional Court Decision Number 69/PUU-XIII/2012 and Circular Letter of the Director General of Dukcapil Number 472. 2/5876/Dukcapil is to make a deed of agreement made before a notary, prepare the conditions that have been determined, one of which is a marriage certificate of husband and wife, then registered with the local Disdukcapil where the place to issue the marriage certificate is for non-Muslims, and KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the community. and to KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the community. and to KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the community
THE ROLE OF ASEAN AS AN INTERNATIONAL ORGANIZATION IN RESOLVING THE DISPUTES IN THE SOUTH OF CHINA SEA Muhammad Rafi Darajati
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.v4i01.72

Abstract

As an international organization, the Association of Southeast Asian Nations (ASEAN) must be responsible for maintaining and maintaining peace and security in Southeast Asia. One exciting development regarding regional security in Southeast Asia today is the issue of the South China Sea dispute. By law, the Philippines has brought the dispute to the Permanent Court of Arbitration (PCA). The verdict from the PCA said that China's claims regarding the nine-dash lines were indisputable and had no legal basis. However, China rejects the ruling and remains aggressive in the South China Sea, potentially creating regional instability. This article aims to look at the role of ASEAN in resolving a dispute that occurs in the South China Sea. This article argues that in dispute in the South China Sea, ASEAN plays a role as an intermediary for countries joined in ASEAN with China in diplomatic dialogue and resolves and ensures the implementation of the Code of Conduct in the South China Sea so that disputes do not extend to military conflict so peace and security in the southern China sea region can be achieved.
LAW ENFORCEMENT AGAINST FOREST FIRE BASED ON PANCASILA IDEOLOGY Fitri Setiyani Dwiarti
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.79

Abstract

Forest fire law enforcement carried out by formal institutions, such as courts and the government shows a formalist, deterministic attitude, the law is understood narrowly and involutively even uprooted from the ideological/philosophical roots of Pancasila. The attitude of law enforcers who often ignore the community's sense of justice with controversial and discriminatory decisions adds to a series of law enforcement problems. local wisdom in Indonesia. This legal paper uses a philosophical approach to examine in depth the ideology of Pancasila in forest fire law enforcement. The sources of material in this paper were obtained from observations, research and literature studies. Laws, especially those relating to the Environment, fail to transform the ideological/philosophical foundation of Pancasila which has become the values ​​and spirit for the long journey of the Indonesian nation. This happens due to the lack of attention to local wisdom and national interests. The theory put forward by Robert B. Seidman, namely "The Law of Non-Transferability of Law" concludes that the law of a nation cannot be taken over, without having to take over the aspects that surround (the socio-cultural aspect) where the law stands. To borrow Satjipto Rahardjo's term, law does not exist in a vacuum, but it exists together with other social sub-systems, within a wider social system. Therefore, a legal culture that is rooted in the noble values ​​of Pancasila and the 1945 Constitution must be accommodated in the preparation of laws and regulations as well as adopting laws that grow and develop in people's lives in forest fire law enforcement to confirm the authenticity of Indonesian law.
TRADITIONAL CULTURAL EXPRESSIONS BOTH WITHIN AND BEYOND THE CONTEXT OF INTELLECTUAL PROPERTY LAW IN INDONESIA Melisa Safitri
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.81

Abstract

Can TCEs crumble under the protection of intellectual property? This question is prompted by the disparity between the characteristics of TCEs and the intellectual property protection criteria. This article emphasize the necessity and significance of establishing a system outside the Intellectual Property system or special protection (sui generis) to protect TCEs because intellectual property law cannot be modified to accommodate TCEs. The law of intellectual property only protects the moral and economic rights of individuals, not cultural or communal rights. Other opinions contend that the existing intellectual property law, particularly copyright law, does not require a new system because the creation of another system is a waste of resources and the state may not be able to fund it. In reality, what must be taken into account is the extent to which ethnic communities control their TCEs.
DISPARITY OF DECISIONS OF CRIMINAL ACTIONS OF CORRUPTION PERFORMED BY HEAD OF POLITICAL PARTY Hartanto Hartanto
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.83

Abstract

Corruption is a big problem and is suspected to be a contributor to the increase in poverty in Indonesia, this corruption crime does not recognize any position or background. The author sees that corruption is a legal domain that is often influenced by the political field, although what should be considered is the domain of sociology/legal sociology. The general chairman of the party, in this case, the former, who was supposed to have helped build the country when he was in power, did not seem to meet the expectations of the people, because when he was in power he actually did corruption. Corruption in the circle of political parties is very influential on public confidence in political parties that are the driving force of democracy. Political phenomena that affect the law in the form of judges' decisions / verdicts will increase the disparity of decisions. Starting from the decision related to Romy, it is compared with the decision of Anas U, Suryadharma A, Luthfi H I. How our law looks, really depends on the "crown" of the judge in the form of his decision, and in Indonesia there are various views of the public on the judge's decision. The sampling of 4 political figures in this title is limited to study material. This study uses secondary data that focuses on norms, doctrines, books, or other documents, especially decisions as analysis material, then attempts to answer the question of how the disparity of decisions related to corruption made by political party leaders with a sociological perspective of law requires legal considerations that live in society. .
PROTECTION OF INDONESIA’S PERSONAL DATA AFTER RATIFICATION OF PERSONAL DATA PROTECTION ACT Siti Yuniarti
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.85

Abstract

The protection of Indonesia's personal data entered a new chapter with the signing of the Personal Data Protection Bill by the President on October 17, 2022. The presence of the Personal Data Protection Law (UU PDP) is a lex specialist of Indonesian personal data protection regulations. This study analyzes how the form of protection of Indonesian personal data after the enactment of the PDP Law by using components in the personal data protection ecosystem as parameters, namely data subjects, data controllers and data processors, data protection officers and personal data protection supervisory agencies. Using normative legal research methods, this study found that the regulation of the 4 components has been accommodated in principle in the PDP Law. The balance between the protection of individuals on the one hand and the public interest on the other is tried to be accommodated in the principles behind the PDP Law and the reduction of the implementation of some norms. The composition of the norms shows that the processing of personal data, especially the obligations of the data controller, is the focus of regulation. The role of a data protection officer to ensure regulatory compliance is complemented by a risk mitigation function. The existence of data protection as service is also accommodated in the PDP Law. The supervisory agency is given a series of authorities with detailed details of investigative authority. The PDP Law as a compact regulation requires various implementing regulations, including provisions issued by institutions and sectoral regulations. The support of understanding and strengthening of all parties in the personal data protection ecosystem absolutely needs to be carried out immediately as an effort to realize compliance by minimizing protection failures and unauthorized processing as a preventive measure. Preventive measures should be used as a key option in the data protection regime. Therefore, discussions regarding the protection of personal data continue to move dynamically following emerging legal and social developments.
FACTUAL REFLECTION OF PANCASILA AS THE BASIS OF THE STATE: UNIFIER AND DEFENSE OF THE INDONESIAN NATION Ade Arif Firmansyah
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.89

Abstract

Pancasila as universal values with a high abstraction nature need to be concretized so that they can live and become the basis for behavior for the people of Indonesia. As the basis of the State for unification and defense from the flow of globalization, Pancasila is actually reflected in the behavior of the government in exercising state power. It is the commitment and attitude of the actions of the symbols of the State that are able to reflect on whether Pancasila can survive as a unifier and defense or not. The discussion shows thatt as the basis of the state, Pancasila is the foundation that unites the diversity of the Indonesian nation in the state, as well as a defense in facing the challenges of world development/globalization. The factual condition of Pancasila as the unifier and defense of the Indonesian nation has been degraded due to the inability of government institutions to realize Pancasila in the life of the state. This degradation can be seen by the emergence of separatist movements that demand to break away from Indonesia, the frequent SARA-related conflicts and the low morality of youth due to the disadvantages of globalization. Therefore, government institutions are obliged and required to be able to realize the values of Pancasila in the life of the nation and state.

Page 4 of 7 | Total Record : 65

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