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INDONESIA
KEADILAN PROGRESIF
Published by Universitas Bandar Lampung
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini berisi hasil riset atau tinjauan atas suatu permasalahan hukum yang berkembang di masyarakat (artikel lepas), dimungkinkan juga tulisan lain yang dipandang memberikan kontribusi bagi pengembangan ilmu hukum. Pertama kali terbit pada September 2010. Terbit dua kali setahun, setiap Maret dan September.
Arjuna Subject : -
Articles 162 Documents
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ANALISIS MOTIF, ALASAN UMUM DAN MODEL PENGGUNAAN PIDANA MATI TERHADAP TERPIDANA NARKOTIKA DI INDONESIA Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Regarding the imposition of capital punishment on criminals in Indonesia in the perspective of human rights based on the 1945 Constitution it turns out that it does not violate theprovisions of human rights law. The main problem is the object of research, namely how theimposition of capital punishment on perpetrators of criminal acts in criminal justice practicesin Indonesia. This research is a normative legal research through a statutory approach,conceptual data used secondary data by conducting library studies and data analysis carriedout by qualitative analysis. The results of the study show that the imposition of capitalpunishment on narcotics and psychotropic offenders in criminal justice practices inIndonesia, the application of narcotics and psychotropic offenders does not violate humanrights because it does not conflict with the provisions of Article 28A, Article 28I paragraph(1) and Article 28J paragraph ( 2) The 1945 Constitution and does not violate Indonesia'sinternational legal obligations born of international agreements concerning the eradicationof illicit trafficking in narcotics and psychotropic drugs so that law enforcement needs to beimproved.
MEKANISME PENGURUSAN LEGALITAS BENTUK DAN KEGIATAN USAHA (Studi Empiris Pada Mahasiswa IIB Darmajaya) Herlambang, Dian
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Progress and increase in national development in general and the development of economic activities in particular have implications for the development of the business worldand companies. Every company that conducts business activities is required to fulfill businessoperational requirements. The legality management mechanism is very necessary to find outhow the procedures for managing the legality of forms and business activities, and whetherDarmajaya IIB students know the mechanism for managing the legality of forms and businessactivities. The purpose of this research is to carry out mapping related to the procedures formanaging the legality of forms and business activities. In addition, this study would like tolook at the practical level regarding the level of knowledge (in this study, the scope is limitedto Darmajaya IIB students) regarding the procedures for managing the legality of forms andbusiness activities. This type of research is normative-empirical legal research, with theapproach used is the socio-legal approach. The legality of the business activity in questionconsists of a Company Register and a Trade Business License. The results of the studyshowed that from 30 people the authors made the subject as a resource person it could besaid that 15 of them answered that they did not know the answer to the question of how themechanism for managing business legality documents.
MEKANISME PENGURUSAN LEGALITAS BENTUK DAN KEGIATAN USAHA (Studi Empiris Pada Mahasiswa IIB Darmajaya) Herlambang, Dian
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Progress and increase in national development in general and the development of economic activities in particular have implications for the development of the business worldand companies. Every company that conducts business activities is required to fulfill businessoperational requirements. The legality management mechanism is very necessary to find outhow the procedures for managing the legality of forms and business activities, and whetherDarmajaya IIB students know the mechanism for managing the legality of forms and businessactivities. The purpose of this research is to carry out mapping related to the procedures formanaging the legality of forms and business activities. In addition, this study would like tolook at the practical level regarding the level of knowledge (in this study, the scope is limitedto Darmajaya IIB students) regarding the procedures for managing the legality of forms andbusiness activities. This type of research is normative-empirical legal research, with theapproach used is the socio-legal approach. The legality of the business activity in questionconsists of a Company Register and a Trade Business License. The results of the studyshowed that from 30 people the authors made the subject as a resource person it could besaid that 15 of them answered that they did not know the answer to the question of how themechanism for managing business legality documents.
MEKANISME PENGURUSAN LEGALITAS BENTUK DAN KEGIATAN USAHA (Studi Empiris Pada Mahasiswa IIB Darmajaya) Dian Herlambang
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Progress and increase in national development in general and the development of economic activities in particular have implications for the development of the business worldand companies. Every company that conducts business activities is required to fulfill businessoperational requirements. The legality management mechanism is very necessary to find outhow the procedures for managing the legality of forms and business activities, and whetherDarmajaya IIB students know the mechanism for managing the legality of forms and businessactivities. The purpose of this research is to carry out mapping related to the procedures formanaging the legality of forms and business activities. In addition, this study would like tolook at the practical level regarding the level of knowledge (in this study, the scope is limitedto Darmajaya IIB students) regarding the procedures for managing the legality of forms andbusiness activities. This type of research is normative-empirical legal research, with theapproach used is the socio-legal approach. The legality of the business activity in questionconsists of a Company Register and a Trade Business License. The results of the studyshowed that from 30 people the authors made the subject as a resource person it could besaid that 15 of them answered that they did not know the answer to the question of how themechanism for managing business legality documents.
KEBIJAKAN HUKUM PIDANA PENGGUNAAN MOTIF DALAM SISTEM PEMIDANAAN Damiri Damiri
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The public's reaction to law and crime often questions the motives of the perpetrator when committing a crimeor violation of the law. The problem is how the use of Motives in proving the Elements of Criminal Actions andErrors is related to Intentional elements and elements with the Intent in criminal acts. The approach methodused is a normative juridical approach, data sourced from literature studies and data analysis is carried outqualitatively. The results of the study prove that the use of Motives in proving the Elements of Crime and Errorsis related to the intentional element that exists in a criminal act. The use of motives to prove the element ofcrime and errors is shown in the Decision of the South Jakarta District Court No. No. 1488 / Pid.B / 2008 /PN.Jkt.Sel. in the case of Munir's murder with defendant Muchdi Purwo prajono. New motives can be proven ifit is related to the actions and actions taken by the defendant. The use in this way, basically wants to prove theintentional element of the criminal act being charged. While the motive in the policy of applying criminal law isone of the factors considered in determining the size of criminal law. As a suggestion at the application policylevel, finding the motive for committing a crime means knowing the meaning of the deed for the offender. This isin line with the criminal law renewal policy which emphasizes not only actions, but also the emphasis on peoplewho commit criminal acts.
PENGAMPUNAN PAJAK DALAM PERSPEKTIF KEADILAN S. Endang Prasetyawati
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Tax amnesty will be able to increase investment as expected by the government in an effortto increase economic growth, moreover at this time the tax ratio shows a low number asproof that there are still many taxpayers who do not / have not implemented their rights andobligations in accordance with legislation -invitation. Tax amnesty in the form of tax debtexemption along with sanctions raises legal issues, how is the concept of tax amnesty inrelation to justice as an effort to develop tax law. This research was conducted with anormative juridical approach. Therefore the main data used is secondary data in the form oflaws and regulations. Data analysis was carried out qualitatively. Based on the results of thestudy, vertical and horizontal justice in tax imposition is not sufficient when applied in taxamnesty. In tax amnesty that is more highlighted is justice which brings benefits to societyand the state. The suggestion of using the tax amnesty model in the form of exemption fromthe obligation to pay tax debt that was previously not paid and the exemption from impositionof sanctions must be followed by strict law enforcement after forgiveness by prioritizingadministrative legal instruments.
DINAMIKA PANCASILA PADA ERA GLOBALISASI Zulkarnain Zulkarnain
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The position of Pancasila as a staatsfundamentalnorm and Pancasila as an ideology is verymandatory to be instilled and implied specifically to the State elite from both the political andeconomic aspects of the nation and state. The problem is whether Pancasila is able toovercome the problems of the nation at this time. The method used is the Normative andEmpirical Juridical approach. Data is sourced from library studies and field studies. Dataanalysis was carried out qualitatively. The results of the study show that Pancasila as a stateideology is still very capable of overcoming the problems of the nation today, including aproblem that is tentative with the political elite in its existence for the welfare of the nationand state both in terms of politics, development and the economy. To construct it is verynecessary to do methods that include: 1) Development of state politics to maintain theintegrity and sustainability of the nation, 2) Developing the content of Pancasila in thenational education system and 3) Establishment of a special body for the formulation andcivilization of Pancasila
CITA HUKUM PANCASILA SEBAGAI LANDASAN FILOSOFIS POLITIK HUKUM HAK KEKAYAAN INTELEKTUAL Herlina Ratna
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

This research starts from the importance of protecting national interests in IntellectualProperty law. Amendments to the IPR Law adopted more of the principles of TRIPsAgreement than the principles of national law originating from Pancasila and the 1945Constitution. Indonesia needs an IPR legal politics that can be a guideline in renewing theIPR Law to protect national interests. The problems examined in this study are what theprinciples of IPR law derive from Pancasila, the 1945 Constitution and the social realities ofthe Indonesian nation which can be the legal basis for the regulation of Indonesian IPR. Thisstudy uses a normative juridical approach, with the method of law approach, conceptualapproach, principles of IPR law, political description of Indonesian IPR law, and IPR Lawsthat want to be formed in the future. Analysis of legal material is carried out qualitatively.The results of the study are the principles of Indonesian IPR law, consisting of the principleof freedom of work, the principle of legal protection against IPR, the principle of benefit, theprinciple of economic rights, the principle of human welfare, the principle of protectingnational culture, the principle of state authority to implement IPR for the national interestprotection with dimensions of morality and religion, the principle of limited exclusive rights,the principle of justice, the principle of social function and the principle of collectivism.Advice from the Government and Parliament must be highly committed, have political will,courage and nationalist spirit to realize the goals of the Republic of Indonesia as written inthe Opening of the fourth Alenia 1945 Constitution in forming or revising the Indonesian IPRLaw
PEMBAHARUAN HUKUM PIDANA MENURUT RKUHP TAHUN 2018 TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DENGAN SISTEM REHABILITASI Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Criminal Law Reform is an effort to form laws and regulations that are in accordancewith the conditions of the community, whose main goal is to achieve the ideals of Indonesia,namely not only regulating citizens through laws, but also creating peace and prosperitythrough state institutions that has the authority to make related regulations. The 2018Criminal Code (RKUHP) Draft has the goal of renewing sanctions imposed on perpetratorsof narcotics abuse with a rehabilitation system. Narcotics according to Law No. 35 of 2009concerning Narcotics is a substance or drug derived from plants both synthesis and semisynthesisthatcancauseadecreaseorchangeofconsciousness,lossofpainandcancausedependence.Regulations regarding sanctions for the penal system as outlined in the draftRKUHP 2018 are motivated by a number of basic ideas or principles, one of which is theidea of using a doubble track (between criminal and action) so that in the concept there areprovisions that are not in the Criminal Code currently in force, but one alternative criminalis the possibility of combining types of sanctions (criminal and action). In addition point 3 ofthe Supreme Court Circular No. 4 of 2010 regulates that rehabilitation in narcotic crimes iscarried out with integrated assessment, which consists of a team of doctors, namely doctorsand psychologists, a legal team, namely from the police, National Narcotics Agency (BNN),Prosecutors' Office and kemenkumham after issuing a recommendation that someone is aconcurrent user as a dealer or purely as an addict. Barriers to criminal law reformaccording to the RUHUHP 2018 against narcotics abusers with the rehabilitation systeminclude the RKUHP and Rubber Article that makes Narcotics Users sent to Prisons andnarcotics stigma is not a health problem
ANALISIS HUKUM PENYELENGGARAAN PRAKTIK PENGOBATAN TRADISIONAL DI BANDAR LAMPUNG Rissa Afni Martinouva; Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The implementation of traditional medical practices is supported by several regulationsincluding the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerningOrganizers of Traditional Medicine and Law No. 36 of 2009 concerning Health. Thisresearch was conducted using the normative-empirical method. The study population wastaken by purposive sampling according to the research objectives. Data analysis in this legalanalysis research uses qualitative methods. The rules and conditions set for the managementof traditional medical practices in Bandar Lampung City are guided by PerMenKes No. 61 of2016 concerning Empirical Traditional Health Services, PP of the Republic of Indonesia No.103 of 2014 concerning Traditional Health Services and Decree of the Head of LampungProvincial Health Office Number 442 regarding Guidelines for Developing TraditionalHealth Services in Lampung Province in 2009. The resulting legal analysis is evident from 60respondents that there are 39 people or 65% already know that the traditional medicinewhere they seek treatment already have a permit, this will increase the confidence of patientsto seek treatment to a legal license. The results of the study of 60 patient respondents wereonly 3 people who were given health insurance by traditional medicine providers. While theremaining 57 patient respondents were not given health insurance by traditional medicineproviders. This proves that only 5% of traditional medicine dares to give health insurance totheir patients. Patients or people who seek treatment are basically entitled to healthinsurance in accordance with the legal basis for health insurance. The Bandar Lampung CityHealth Office has not optimally conducted supervision and education on traditional medicinein the Bandar Lampung City. It is hoped that the mayor's regulations will effectively regulatetraditional medical practices, preventive measures, and make patients more selective inchoosing health healing facilities.

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