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162 Documents
Penyelesaian Perkara Perceraian Melalui Mediasi Sebagai Upaya Perdamaian (Studi Putusan No: 0317/Pdt.G/2014/PA.Tnk)
Meita Djohan OE
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)
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One of the things the completion of the process of a divorce through mediation as peace efforts between the Plaintiff against the Defendant. The problem in this research is how the divorce settlement through mediation as peace efforts in case No. 0317 / Pdt.G / 2014 / PA.Tnk ?. The approach used in this research is normative juridical approach and empirical approach. Data was collected by library research and field studies. Qualitative data analysis. Divorce settlement through mediation as peace efforts in Decision No. 0317 / Pdt.G / 2014 / PA.Tnk conducted by the Religious Court Judge Mediator by the pre mediation, the mediation process level, then mediation reached an agreement formulated in writing and signed by the parties and the mediator. Suggestions in this research is a mediator should continue to improve professionalism by continuing to hone the potential to participate in various education and training to adapt to the development of mediation techniques.
Dasar Pertimbangan Hakim dalam Gugatan Rekonvensi (Studi Perkara Nomor: 0354/Pdt.G/2015 /PA.Tnk
Meita Djohan Oelangan
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)
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Each Court Decision in civil cases should ideally be met and implemented properly by the defendant Rekonvensi, this should not be a problem if the fulfillment of obligations met by the defendant Rekonvensi (husband), permaslahan in this study is on what basis the consideration of the judges in favor of rekonvensi due to divorce divorce in case the decision No. 0345 / Pdt.G / 2015 / PA.Tnk. Juridical Normative and Empirical approach, the data type of the data is secondary and primary data. The Data collection and Library Studies Field Studies were then qualitatively Analyzed results showed that the judges also favor rekonvensi on the basis of evidence in the trial which is proven by the truth where the defendant is not in a state of nusyuz. Decision of the judges shall meet three (3) basic values, namely justice, certainty and expediency. Religious Court suggested to the judge, in order to decide the case, actually applying three (3) the value of the legal basis, namely the rule of law, justice and expediency.
ANALISIS KEDUDUKAN ANAK HASIL PERKAWINAN CAMPURAN ANTARA WARGA NEGARA INDONESIA DAN WARGA NEGARA ASING
RISTI DWI RAMASARI
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)
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Mixed marriage is basically a marriage conducted by people of different nationalities, one of whom is an Indonesian citizen. The result of a mixed marriage for a child is obtaining the citizenship of the father or from his mother and the child's right to inheritance in the event of a divorce between his parents. The problem of this research is "How is the position of child of mixed marriage between Indonesian citizen and foreign citizen?" The problem approach in this research uses normative juridical approach and empirical approach. Data collection was done by literature study and field study and then analyzed by qualitative juridical. The results of this study indicate the position of the child of the result of mixed marriage according to Law Number 12 Year 2006 concerning the Citizenship of the Republic of Indonesia is a child born from the marriage of a woman Indonesian citizen and male Foreigner, as well as a child born of a marriage of a woman Foreign Citizen with male Indonesian citizen, equally recognized as an Indonesian citizen. The child will be a dual citizen, and after the child is 18 years old or married then he must make his choice. Statements to elect citizenship must be submitted no later than 3 (three) years after the child is 18 years of age or after marriage. This dual citizenship provides more legal protection for children resulting from mixed marriages.
Analisisyuridis Upaya Harmonisasi Antar Lembaga Penyidikan Tindak Pidana Korupsi di Indonesia
Ansori ANSORI
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)
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Efforts to the eradication of corruption in Indonesia is carried out for a long time, since the era of the Old Order to the Order Reforms. Significant changes in the understanding and eradication of corruption occurs when the Corruption Eradication Commission (KPK) was formed in 2002 by Act No. 30 of 2002. The establishment of the KPK as an institution are authorized to investigate corruption as the competencies of Police and Attorney. It should be a driving force in the eradication of corruption. Ideally this momentum can be used by other agencies for the investigation of criminal corruption to go hand in hand and give each other encouragement and support so that the corruption in Indonesia can be reduced in number. Apparently, some of the facts shows that the opposite occurs alleged feud "Lizard vs Crocodile" is the momentum for mutual criminalize of the corruption investigation agencies. Disharmony in the investigation of criminal corruption agencies do not supposed to happen because there are laws of each institution to limit each one. Besides, it is necessary for the good cooperation in the eradication of corruption among institutions especially the KPK, the Police and the Attorney so that the number of corruption can be reduced and the corruption can be eradicated from Indonesian society.
Pertimbangan Hakim untuk Dilakukan Rehabilitasi Terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika Golongan I (Studi Putusan No. 290/Pid.Sus/2016/PN.Gns)
Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)
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Narcotics abuse is unlawful and unlawful use done not for the purpose of treatment, but because it wants to enjoy its influence, in excess, irregular, and lasts long enough to cause physical, mental and social health problems. The problem in this research is how the judge's consideration in breaking the rehabilitation of the perpetrators of the criminal act of drug abuse class I against Decision No. 290 / Pid.Sus / 2016 / PN.Gns. Normative juridical approach and empirical, data analysis used is qualitative. Based on the research results it is known that the judge's consideration stated that the defendant can be classified as a narcotics addict because the defendant's actions have been done since 2000 up to now and connected with the purpose of use to obtain pleasure, euphoria or add energy which is done continuously and produce securities Then the defendant can be in a state of narcotic dependence. As the recommendation is expected if law enforcement officers from the Police, Attorney and Court take the decision of rehabilitation can guarantee the defendant will not repeat the action again for that there must be coordination with the hospital where the Narcotics Abuse Group I is done rehabilitation.
Analisi Terhadap Penyehatan Perusahaan Melalui PKPU yang Berkeadilan
Tami Rusli
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)
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Settlement of debts which could lead to bankruptcy debtor, in order to avoid gaps in implementation, bankruptcy was supposed to be an institution that is final, that is to say before the bankruptcy of the debtor "should" be given the opportunity to perform Suspension of Payment ( "PKPU") in advance. the research problem is how to restructure the company through PKPU? The method used in this research using normative juridical approach. The results showed that the way of restructuring the company melauli PKPU is where the aspects of feasibility and good faith plays an important role and more decisive than the state technically solvent or insolvency of a company. For the debtor applicant must PKPU transparent and equitable and promoting honesty, decency by lifting an independent consultant to draw up a peace plan.
PENGATURAN INTERAKSI PROSES PENYIDIKAN DAN PENUNTUTAN DALAM SISTEM PERADILAN PIDANA DI INDONESIA
ZAINAB OMPU JAINAH
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)
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The enactment of Criminal Procedure Code as part of Criminal Law Policy with Law Number 8 Year 1981, in order to fulfill the provision that ensures law enforcement in accordance with their respective functions and authorities began to show limitations in achieving the objectives of the criminal justice process in Indonesia. Problems arise, among others, starting from the interaction of investigation and prosecution in Pre Prosecution. The problem of this research is the criminal law policy that regulates the interaction of investigation and prosecution process in the criminal justice system based on Law No. 8 of 1981 on Criminal Procedure Law. The research method used is the normative juridical approach of data consisting of secondary data and primary data. Data analysis is descriptive analysis. The results of the study showed that the disagreements in the investigation and prosecution process resulted in the back of the file. The formulation of Article relating to the process of interaction of investigation and prosecution in the Draft Law on Criminal Procedure is still formulated in a limitative manner, and has not had sufficient article explanation and has not been in line with international standard of good judicial process. The advice given is the need to be re-set clearly and firmly about the interaction of investigation and prosecution with the formulation of articles that are not multi-interpretation. Suggestions for notification of commencement of the investigation shall be obligations carried out no later than two days after the commencement of the investigation, and coordination and consultation shall commence from the commencement of the investigation.
Perlindungan Hukum Pedagang Kecil dari Keberadaan Franchise Minimarket (Studi Peraturan Walikota Bandar Lampung Nomor 17 Tahun 2009)
Rissa Afni Martinouva
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)
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Small traders owned and managed by entrepreneurs who have capital to lower middle. In the development of small traders, present business activity trade with minimarket franchise formats such as "Alfamart and Indomart" many spread evenly on each side of the road. Two types of businesses that have a different format is an attempt to distribute the product needs of everyday people. The method used normative juridical and observations. Reasons given legal protection against small traders such as franchise minimarket has a more modern service system, proof of the transaction, the more spacious, equipped with air conditioning, parking lot, promotions, discounts and provide shopping convenience. Many entrepreneurs founding owners of high capital, founding more and more, it is feared will kill the business enterprises of small traders around the business place. Small traders do not have the advantage and can not compete as a franchise minimarket. Governments protect small traders with few rules. Legal protection in the form of exclusion of small traders through the rule of law Act No. 5 of 1999 because they would not do the trade monopoly. The legal protection of small traders and minimarket franchise is set in a presidential decree number 112 of the Republic of Indonesia in 2007. The exception and the setting is not enough to protect small traders. Forms of legal protection of small traders hereafter specifically governed by the regulation of the mayor number 17 in 2009 in the Bandar Lampung City. Regulations on the establishment permit, distance, hours minimarket operations in opening franchise is a form of legal protection provided by the government to small traders.
Analisis Perlindungan Hukum Atas Merek Terdaftar Sebagai Hak Atas Kekayaan Intelektual (Studi pada Kantor Wilayah Kementerian Hukum dan HAM Provinsi Lampung)
Herlina Ratna SN
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)
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Protection of Intellectual Property Rights (IPR) is a step forward for the nation of Indonesia who in 2020 entered the era of the free market. One of the intellectual property rights which requires a person to register are trademarks. The problem in this research is how the legal effect of the mark registered as intellectual property rights? The method used is a normative juridical approach, the source of the data obtained from the library. Secondary data types Data collected by literature study further in qualitative analysis. The results showed the legal effect on the Registrant's brand as an intellectual property rights owner Getting rights to the brand, gain the protection of a registered trademark infringement and filed both civil and criminal. Suggested to the Directorate General of Intellectual Property Rights Regional Office of the Ministry of Justice and Human Rights Lampung to disseminate the importance of trademark registration for legal protection to trademark holders.
ANALISIS PROSEDUR SYARAT PENCALONAN GUBERNUR DAN WAKIL GUBERNUR LAMPUNG TAHUN 2018 (Studi di Komisi Pemilihan Umum Provinsi Lampung)
S. ENDANG PRASETYAWATI
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)
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Pemilukada as the local elections mechanism directly by the people in the region, the Lampung Provincial Election Commission as the organizer of Pemilukada contribute to the success of substantial and quality democracy related to the procedure of candidacy for governor and deputy governor in Lampung Province 2018. The research problem is: conditions governor candidacy and vice governor of Lampung Year 2018.Juridical normative and empirical research methods, using primary and secondary data, and data analysis with qualitative analysis. The results of the Procedures of Governor and Vice Governor Candidate Requirements Candidates include Candidate Pairs Registration, Campaign Period, Report and Audit of Campaign Funds and Collection and Counting as stipulated in Law Number 10 Year 2016 and Regulation of KPU Number 3 Year 2017 on the Candidate Candidate of Governor and Vice Governor Election , Bupati and Deputy Regent, and / or Mayor and Deputy Mayor. Suggestions that can be given by the writer, among others, The selection of local head directly by the voting community is expected to run according to the stages determined and implemented by Provincial KPU and Regency /