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INDONESIA
KEADILAN PROGRESIF
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Core Subject : Social,
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.
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Articles 162 Documents
Pelaksanaan Kearifan Lokal di Kawasan Wisata Pulau Pahawang, Kabupaten Pesawaran, Propinsi Lampung Zainab Ompu Jainah; Lintje Anna Marpaung
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

 Pahawang Island is one area that has great tourism potential in Pesawaran District, Lampung Province which offers the beauty of a bay with a variety of marine biota and mangrove forests. The abundance of this potential is not supported by an adequate regulation of the development of tourist areas based on local wisdom that regulates local wisdom that exist in the community in relation to the conservation of natural resources in the framework of the development of tourist areas. The problem in this research is how the implementation of local wisdom in the community Tourism Area Pahawang Island, Pesawaran District, Lampung Province? Problem approach is done by normative and empirical juridical method by using primary data and secondary data and also qualitative data analysis. Based on the results of research can be concluded that the local wisdom that occurred on the island of Pahawang be one example of success in saving mangrove forest in Lampung. Pahawang Island Village has Village Regulation (Perdes) Mangrove Rescue which contains about the prohibition and sanction for villagers and migrants who cut down mangrove trees. The Perdes was made citizens not solely because of the success of the NGO's environmental campaign, but because of local wisdom that reappeared.
Penyelesaian Sengketa Pajak Perusahaan Modal Asing di Indonesia S. Endang Prasetyawati
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The problem of disputes in foreign business practices that occur is among foreign investors as taxpayers on the one hand with the government or the Director General of Taxation as tax authorities or tax collectors on the other side. The problem in this research is how to solve the dispute of foreign capital companies in Indonesia. The problem approach in this research is the normative juridical approach that is approach by way of reviewing the rules related to the problem to be discussed. After data is collected and processed, then analyzed qualitatively. The result of the research shows that the completion of the objection process to the Director General of Taxes does not provide legal protection and justice to the taxpayer (PMA Company) because the process of the objection is the disputing party (DGT). While the appeal through the Tax Court is doubtful of its independence and objectivity because the judges in the Tax Court are from former officials of the Directorate General of Taxes of the Ministry of Finance and the administration, financial and human resources management in the Ministry of Finance. Meanwhile, the Review to the Supreme Court did not provide certainty of the settlement time.
Analisis Yuridis Sumberdaya Alam dalam Rangka Pembangunan Kawasan Wisata Teluk Kiluan Berbasis Kearifan Lokal Lintje Anna Marpaung; . Ardiansyah; Rifandy Ritonga
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Kiluan Bay is one of the areas that have great potential of tourism in Tanggamus, Lampung province that offers the beauty of a bay with a variety of marine life. The abundance of this potential to the absence of adequate arrangements bebasis tourism development on local wisdom that regulates the legal basis for the development of tourism and the legal basis Conservation of natural resources in the Gulf Kiluan travel.
ANALISIS PELAKSANAAN KONSINYASI GANTI RUGI PADA PENGADAAN TANAH TAMI RUSLI
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The process of land acquisition will never be separated from the problem of compensation, therefore it is necessary to conduct prior research on all information and data submitted in the assessment (Apprisal) of compensation. If an agreement has been reached on the form and size of the compensation, a compensation payment will be made and then proceed with the disposal or transfer of the rights to the land concerned. The problem that will be discussed in this issue is how the implementation of consignment change in the District Court. The research method used is normative juridical using secondary data obtained from literature study and data analysis with qualitative juridical analysis. Research Results are. Implementation has acted in accordance with the procedures established in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest. Suggestions that the Government in this case should increase socialization to the community, especially about consignment properly so that obstacles suchas people who refuse to compensate will realize that the interests of the state and the nation is more important than personal interests.
Pelaksanaan Tindakan Diversi dalam Penanganan Perkara Anak di Bandar Lampung Amelia Dini Asri
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Arrest, detention, and conviction of the child should be the last choice of law enforcement related, to avoid criminal child passed to the formal criminal justice system. It requires alternative problem solving children in conflict with the law through diversion efforts. Practical application the juvenile diversion in Polresta Bandar Lampung have not been fully implemented for all children, especially the criminal case after the release of Secret Telegram Kapolda Lampung No: STR / 22 / XI / 2006 / DITRESKRIM which in practice is still encounter various barriers. Based on the results of the background is at issue in this paper is the case how are the children that can be applied to the act of diversion, how the implementation of the procedure in case of diversion measures Reg No: LP/4574/X/2012 in Polresta Bandar Lampung, and why it happened barriers in the implementation of cases of child diversion in Bandar Lampung.Approach the problem in this study using normative approach and empirical juridical approach though library research, with sources from Polresta Bandar Lampung, Balai Pemasyarakatan (BAPAS) Class II Bandar Lampung and LembagaPerlindungan Anak (LPA). The data were analyzed qualitatively.Case Reg No: LP/4575/X/2012 on behalf of the defendant Yono (not his real name) and Melati (not her real name) has applied for diversion settlement through mediation. Together with BAPAS parties, the victim and the perpetrator parents and LSMs, investigators conduct deliberations to determine peace. After the mediation, Melati’s family declare peace with Yono’s family and has made a statement in the form of peace deal between the Melati’s  family with Yono’s family agreement to pay all labor costs Melati. Peace involves Lurah, RT, Babinkamtibmas, and the Lembaga Perlindungan Anak (LPA). Category of offense punishable by one year should be prioritized for implementation of diversion and criminal offenses punishable 1 (one) to 5 (five) years may be considered for diversion application. Barriers to implementation is the lack of capability of knowledge diversion law enforcement authorities, parties of the society can not be consulted and fully devolved matter son to the authorities, the families of the victim and the perpetrator's family for the difficult compromise, and the lack of full government’s concern about the existence of the Institute of Social and good coordination with the legal advisor.For law enforcement officers are suggested for the benefit of legal protection for the child, then it should have been an excellent coordination between kemasyarakatan counselors, investigators, prosecutors and judges in accordance with the duties and authority as well as their respective functions under the law. Government in handling cases children are many things that must be considered especially things concerning the future of the children themselves so that what is stated in the Indonesia Law of Child Protection and the Indonesia Law Juvenile Criminal Justice System should be actually implemented that can foster children in trouble with the law in accordance with the provisions of the Indonesia Law of Child Protection, so that the imposition of unnecessary imprisonment.
Fungsi Pengawasan Komisi II DPRD di Bidang Pendidikan (Studi pada DPRD Kota Metro) S. Endang Prasetyawati
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

To achieve the successful implementation of the necessary education in Metro City Metro supervision by the City Council through the Commission II DPRD Metro. The problem in this research is, how to carry out the supervisory function carried out by the Commission II DPRD Metro in education?,. The approach used is normative and empirical. Data obtained from secondary and primary data, qualitative data analysis. The results showed the implementation of the supervisory function carried out by the Commission II DPRD Metro in the field of education is based on the duties, functions and powers attached to the Commission II DPRD Metro that includes preventive and repressive supervision. Suggestions submitted to members of Metro City Council to pay attention to the educational background of Commission II members.
PENERAPAN SANKSI HUKUM BAGI PENGGUNA NARKOTIKA BERDASARKANUNDANG-UNDANG NARKOTIKA Fathur Rachman
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Narcotics abuse is a dangerous thing that the handling of narcotics users is regulated in Law No. 35 of 2009 on narcotics, then the subject matter in this writing about the application of criminal sanctions for narcotics users in accordance with narcotics laws. Problem approach using normative juridical approach (legal research). If Narcotics Misuse can be proven or proven to be a victim of Narcotics abuse, such Abuse is obliged to undergo medical rehabilitation and social rehabilitation. Prevention and prevention of narcotic abuse is done maximally Narcotics Misuse must undergo medical rehabilitation and social rehabilitation.
Disparitas Pemidanaan pada Perkara Tindak Pidana Perdagangan Orang Intan Nurina Seftiniara
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Trafficking in persons is already happening for a long time, the oldest written evidence found indicates that this practice has been going on since the sixth century on Roman territory. Today, people trafficking is dominated by women as victims for the purpose of prostitution. Trafficking is happening in the province of Lampung. Lampung not be the locus delicti. Lampung is sending area. Bandar Lampung in cases of trafficking between 2009 and 2012 with the same charges.problems in the writing of this first study, Why happened disparity in the criminal case of trafficking in persons (Trafficking)? second, whether the basic consideration in determining the decision-making to the cause of disparity in the criminal case of trafficking in persons (Trafficking)? Based on the results of research and discussion it can be concluded by the authors, namely: Disparities Punishment In Case Crime of Trafficking in Persons (Trafficking) to be subject to the fore on the cases into the public spotlight or the value of the losses inflicted major factors causing the disparity criminal can juridical terms of theoretical and empirical terms. In terms of theoretical juridical, criminal disparity is due to the existence of freedom and independence of the judge in the 1945 Constitution and the Law on Judicial Power shall exist, the ratio decidendi theory, theory and doctrine of res dissenting opinion pro veritate judicate hebetur. In terms of empirical considerations include the state of the defendant's personality, the social, economic, and public attitudes, as well as in the proof of the facts in the trial can also affect consideration of the judge. The judge himself should not be cut off in indecision and the principle of in dubio proreo, so it appears a criminal disparity. Rationale Judge In Decision Making Up Cause Determination Disparities existence Punishment In Case Crime of Trafficking in Persons (Trafficking). Judicial independence is also a factor of disparity. In Indonesia the principle of independence of judges (judicial discretionary power) is fully guaranteed in Article 1 of Law No. 48 Year 2009 concerning Judicial Authority.
Analisis Konsekuensi Hukum Keanggotaan Indonesia dalam Perjanjian World Trade Organization Intan Pelangi
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Indonesia as a developing country is also a member of International Organization, such as WTO (World Trade Organization), APEC (Asia Pacific Economic Cooperation), and FTA (Free Trade Area) which has the nuance of free trade. The problem in this research is how the legal consequences for Indonesia in WTO agreement. The problem approach in this research is the normative juridical approach that is approach by reviewing the rules related to the problem to be discussed. After data is collected and processed, then analyzed qualitatively. The results of this study indicate that Indonesia is legally bound by the terms of the WTO Agreement. For Indonesia, which does not embrace one theory in absolute terms, either incorporation or transformation, then there are two consequences juridically, ie externally and internally.
Implementasi Pemberian Izin Mendirikan Bangunan (Studi di Kota Bandar Lampung) Agus Iskandar
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

To implement an integrated development through sustainable utilization of urban space, optimal, harmonious and balanced in accordance with the Act. To achieve these objectives, the mission and there are few attempts are made to create orderly development and urban development as the driving element of national development and is also in line with government policy. The problem in this paper is how the implementation of Spatial city of Bandar Lampung? Approach to problems that used juridical normative and empirical. Data was analyzed using qualitative analysis. The results showed the implementation of licensing erect the warehouse by the City Planning Office Bandar Lampung is still not optimal, this is very detrimental to the government because it can increase revenue (PAD). Suggestions should be aligned and balanced regulation that does not cause any harm either from the government or from the public in accordance with the city function optimally.

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