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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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RUWA JURAI MODEL: THE INDONESIAN COASTAL VILLAGE LEGAL DESIGN Budiyono
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.v4i02.90

Abstract

The sea coast in Indonesia is generally an area with high poverty, damaged ecology, low independence of rural social organizations and the loss of local cultural values, as well as poor infrastructure and health. Similar conditions were found along 1,105 km of coastal coastline in Lampung Province with an area of 16,625.3 km2 of coastal waters. This study aims to present the local wisdom of ruwa jurai in the legal arrangement of the Lampung sea coast. The results of the analysis concluded that the availability of legal instruments that protect and empower coastal communities with a socio-cultural religious aspect approach that integrates immigrants and natives in a spirit of togetherness into a long-term solution. Meanwhile, for the short term by implementing the law in the coastal area development policy in a single village development planning unit every year.
Law Konstruksi Badan Usaha Milik Daerah Pasca Berlakunya Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan Peraturan Pemerintah Nomor 54 Tahun 2017 tentang Badan Usaha Milik Daerah: BUMD muhtadli subandi
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v5i01.76

Abstract

ABSTRACT This article discusses the juridical analysis of the regulation of Regional Owned Enterprises (BUMD) after the enactment of Law Number 23 of 2014 concerning Regional Government and its application to the regulation of BUMD in the South Lampung Regency. The research method used is normative juridical with statutory approach. Based on the results of the study it is known, the enactment of the 2014 Regional Government Law has implications for the existence and regulation of BUMDs both existing and to be established, namely in terms of legal form and naming of BUMDs; requirements for the establishment and feasibility of BUMD businesses; regional capital participation and capital ownership in BUMD; BUMD organ; terms of office of the Directors and Dewas / Deris; and DPRD interference in BUMD operations. The results of the study also showed that none of the Regional Governments in Lampung Province, including South Lampung Regency, were following up on the mandate of Article 402 paragraph (1) of the 2014 Regional Government Law to adjust BUMD regulations, and thus potentially conflict with the 2014 Regional Government Law and central government policy.
HARMONIZATION OF BENEFITS AND JUSTICE IN LEGAL PROTECTION FOR CONSUMERS Fransiska Novita Eleanora; Mutiah Nur Syifa; Chika Dwi Imelia; Priska Laurensia
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v5i01.92

Abstract

Consumers are everyone who uses goods and/or services available in society, both for their own interests, as well as for their families and other people as well as other living things and not for trading. In practice, of course, business actors are responsible for the goods and services consumed by consumers, and if the goods and services are in accordance with what was agreed upon, it will provide benefits for consumers, but if it turns out that the goods or services purchased do not provide the results desired by consumers, such as experiencing damage, hidden defects, the consumer has the right to ask for compensation from business actors, and it is given in accordance with consumer rights based on the principle of justice so that legal protection for consumers can be fulfilled. The purpose of this study is to find out how the principles of benefit and justice are harmonized in providing legal protection for consumers, including in fulfilling the existence of fair compensation in resolving consumer disputes with business actors, so that harmony with the principles of benefit and justice can provide legal protection for consumers and responsibilities to business actors in accordance with their respective rights and obligations
IMPLEMENTATION OF TA'ARUF VIEWED FROM ISLAMIC LAW (ON THE ONLINE MARRIAGE BUREAU CV OF BERKAH TA'ARUF PALEMBANG) Rusmala Dewi; Nurmala HAK; Sara Alvianita
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v5i01.94

Abstract

One way to get a mate that is done by Muslims is ta'aruf. This ta'aruf process usually begins by exchanging personal biodata or what is known as a CV mediated by a mediator or a third party, namely a teacher, ustadz or ustadzah. Along with the development of the era, the practice of ta'aruf can also be done online. This research aims to find out the perspective of Islamic law on the online ta'aruf process.This research was conducted using a type of field research with a qualitative descriptive analysis method. The approach used is an empirical normative approach. This research was conducted at the Palembang online dating agency CV. The results of the study stated that there were processes that had to be carried out by ta'aruf participants, starting from filling out the form to meeting the parents of both sides of the ta'aruf pair if the ta'ruf was successful. All of these processes are always accompanied by a third party, namely an ustad or ustadzah from Palembang's online dating agency CV. Some of the social media used in Palembang's online dating agencyCV which helps its development, such as Instagram, Whatshaap, Facebook and websites. In the study of Islamic law, the ta'aruf process is appropriate because its implementation is always accompanied until the end, that is, the couple agrees to marry or cancels the ta'aruf. This is done so that each party avoids bad things, such as fraud, adultery or things that are close to adultery and so on.
THE ROLE OF TUHA LAPAN IN PROVIDING SANCTIONS FOR PERSONS OF GAMPONG TRADITIONAL VIOLATIONS: English Sumardi Efendi
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v5i01.95

Abstract

Aceh as one of the special regions in Indonesia has privileges in managing the life of its people, including maintaining social life in the community in terms of imposing sanctions on violators who violate the rules in the gampong where the community lives. In addition to having a keuchik, the gampong also has a set of eight tuha in customary social life. By using the literature methodology and review of qanuns in Aceh, we want to see the extent of the role of the tuha lapan in imposing sanctions for customary violations in gampong. From the results of the research, it was concluded that competence under the Tuha Lapan Gampong Customary Court includes issues of Article 13 of Qanun Number 9 of 2008 concerning Fostering Traditional Life and Customs.
ENVIRONMENTAL PROTECTION POST ESTABLISHMENT OF OMNIBUS LAW ON JOB CREATION IN THE PERSECTIVE OF LOCAL GOVERNMENT AUTHORITY Malicia Evendia; Ade Arif Firmansyah
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The dynamics of regulation of environmental protection, with the publication of the Omnibus Law on Job Creation, has had an impact on the content contained in Law Number 32 of 2009 concerning Environmental Protection and Management. The existence of the Omnibus Law on Job Creation has changed at least 27 articles, added 4 articles, and 10 articles were deleted in Law Number 32 of 2009. This paper aims to reflect on the legal implications of environmental protection after the Omnibus Law on Job Creation on regional authorities. The results of the study show that the Omnibus Law on Job Creation has reduced the authority of local governments in protecting the environment. There have been several withdrawals of local government affairs to the central government (recentralization), as well as the strengthening of evaluation instruments by the central government. This legal implication can be a challenge and a threat to solving problems and protecting the environment in the region. On the other hand, this can reduce the spirit of environmental decentralization and weaken the spirit of regional autonomy.
inggris Gunsu Nurmansyah
Progressive Law Review Vol. 6 No. 01 (2024): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i01.162

Abstract

The independence of judicial power is an absolute requirement for law enforcement and justice. The independence of judges is an essential principle in a democratic legal system. Judges should be free from political influence or pressure from any party and only decide cases based on relevant facts and laws. The question is, what is the role of judges in maintaining the independence of the judiciary, and what is the legal basis for guaranteeing judicial power to realize freedom and justice for the community in the judiciary in Indonesia? The role of judges in maintaining judicial independence is urgent in ensuring justice and truth in a case. Judges must have high integrity and not be pressured by any party, including the government or specific interest groups. Judicial independence also means that judges should be free to make decisions without interference from other parties. The legal basis for guaranteeing judicial power to realize freedom and justice is an essential principle in Indonesia's legal system. This principle emphasizes that the court must be free from political interference or pressure from any party to carry out its duties fairly and objectively.
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.

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