cover
Contact Name
Indah Satria, S.H., M.H
Contact Email
indah.satria@ubl.ac.id
Phone
-
Journal Mail Official
-
Editorial Address
Jl. Z.A Pagar Alam No. 89 Labuhan Ratu, Bandar Lampung
Location
Kota bandar lampung,
Lampung
INDONESIA
Jurnal Pranata Hukum
ISSN : 1907560X     EISSN : 26853213     DOI : https://doi.org/10.36448/pranatahukum
Core Subject : Social,
Jurnal Ilmu Hukum dimaksudkan sebagai media komunikasi, edukasi dan informasi ilmiah bidang ilmu hukum. Sajian dan kemasan diupayakan komunikatif melalui bahasa ilmiah. Melalui PRANATA HUKUM diharapkan terjadi proses pembangunan dan pengembangan bidang hukum sebagai bagian penting dari rangkaian panjang proses memajukan masyarakat bangsa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
Search results for , issue "Vol 15 No 2 (2020): Juli" : 9 Documents clear
ANALISIS HUKUM PELAKSANAAN PERJANJIAN PEMBELIAN KREDIT RUMAH TANPA BANK DI BANDAR LAMPUNG Rissa Afni Martinouva
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.224

Abstract

Humans will seek home as a place to live both for themselves and for their families. Home ownership There are a variety of ways through purchase, lease, grants and inheritance. This research discusses the ownership that is done by buying in installments. Some consumers choose to avoid transactions through banks, as they have to follow a few complete terms. These requirements are not all consumers are able to fulfill them and avoid the bank interest added in installments is uncertain. This research is conducted by the method of interviews to residential marketing and residential consumers in Bandar Lampung which believes the process of purchasing a home purchase credit without a bank. Research is intended to analyse the implementation of the Agreement as well as its legal consequences in conducting a home credit purchase agreement with no bank in Bandar Lampung. The description of this research is done on the grounds in Bandar Lampung there are already several consumers and developers who run a home loan system without a bank. This research provides analysis of some legal consequences as a weakness in this agreement which should be considered by consumers and developers of residential credit without banks.
RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA Annisa Dian Permata Herista; Aristo Evandy A. Barlian
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.225

Abstract

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.
PENERAPAN PERJANJIAN KERJA ANTARA DIREKTUR DAN KARYAWAN TERKAIT DENGAN ASAS KEBEBASAN BERKONTRAK BERDASARKAN PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA Dina Haryati Sukardi; Dian Herlambang
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.226

Abstract

The principle of freedom of contract is a principle that gives freedom to the parties to: (1) make or not make an agreement; (2) entering into agreements with anyone; (3) determine the contents of the agreement, implementation, and terms; and (4) determine the form of an agreement that is written or oral. The purpose of this study is to find out whether the work agreement between directors and employees at the Hospital of Menggala based on the principle of freedom of contract is in accordance with Article 1320 of the Civil Code, knowing the inhibiting factors in the implementation of the principle of freedom contracting to an employment agreement at the District Hospital ofalaala, and the efforts made in overcoming any obstacles that occur in the implementation of the principle of freedom of contracting with an employment contract at the District Hospital.The results of the analysis carried out that the work agreement of the Cooperative Hospital meets the principle of freedom of contract. The principle of freedom of contract is a principle that gives freedom to the parties to make or not make an agreement, enter into an agreement with anyone, determine the contents of the agreement, its implementation, requirements, determine the form of the agreement, written or oral, in making the work agreement of both the Directors and workers there is no influence or pressure from the other party, both parties give freedom to the other party to express their opinions or proposals regarding the agreement material, then the work agreement of the Shepala Regional Hospital is in accordance with the principle of freedom of contract as contained in Article 1320 of the Civil Code. In carrying out the principle of freedom of contract beer to work agreements the Cooperative Hospital experienced obstacles. Constraints faced include: (1) the absence of trade unions in fighting for workers' rights (2) Low Worker Resources. The efforts of the Penggala District Hospital in facing obstacles in implementing the principle of freedom of contract to work agreements are immediately possible to form trade unions that can bridge workers and hospital directors and hold various trainings to improve the professionalism and abilities of their employees.
TINJAUAN HUKUM ATAS PROSES PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA YANG DIDUGA MENGALAMI GANGGUAN KEJIWAAN Irhammudin; Ibrahim Fikma Edrisy
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.227

Abstract

Article 44 of the Penal Order stipulates that it is not punishable for anyone acting in a state of disficed or impaired soul due to a disease. Article 44 of the Criminal War clearly mentions one of the possible restrictions on a person's ability to account for his or her actions before the law. The research methods used in this study are normative approaches and empirical approaches. The data sources in this study consist of primary data and secondary data. The problem is, in the process of investigating the perpetrator of a crime suspected of having a psychiatric disorder and whether the legal consequences arising from the investigation of a criminal suspected of having a psychiatric disorder. The results of this study show that the investigation of suspected criminals with psychiatric disorders in accordance with sop investigations ranging from summons, arrest, detention, seizure, examination, requesting forensic expert information, shooting suspects and submiting case files to the court. As a result of the law that arises from the investigation of the perpetrator of the alleged criminal disorder based on the expert's description in this case forensic experts through psychological examination of the psychological condition of the perpetrator which from the results of Visum et Repertum Psychiatricum states that the suspect is in a healthy condition of his soul and continues the investigation process.
PRINSIP DAN KEBIJAKAN DALAM PENGEMBANGAN KOTA LAYAK ANAK BERDASARKAN PERATURAN MENTERI NEGARA PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK NOMOR 11 TAHUN 2011 TENTANG KEBIJAKAN PENGEMBANGAN KABUPATEN/KOTA LAYAK ANAK Yulia Hesti; Risna Intiza
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.228

Abstract

Family is the smallest government, where there are problems or conflicts that occur in both parenting, protection, supervision, education and giving freedom in choosing skills, favorites that can be developed and applied in society and for the future. Seeing more and more cases of bullying, violence in schools and in the community is growing, worrying parents. Based on that background, the formulation of the problem is whether the Principles and Policies in The Development of ChildrenWorthy Cities based on the Regulation of the Minister of State for Women Empowerment and Child Protection on Child Development Policy No. 11 of 2011. Based on Article 5, it affirms that the government in creating programs and policies that put children's rights first, both to grow and develop children because the current growth of the child will have an impact on their lives in the future. Give breadth so that the child can give his opinion according to his point of view, because we do not know that there is a great potential that exists on each side of the child. Children are the next generation of the nation, the pride of every parent and family, who must be looked after and protected as best they can. Under Article 6, its policy governs a. civil rights and freedoms; b. family environment and alternative parenting; c. basic health and well-being; d. education, leisure use, and cultural activities; and e. special protection. The principles in government management must be transparency, accountability, participation, information disclosure, and legal supremacy, and not discrimination or discriminating between tribes, races, cultures and others. The policy on children's rights is a civil right in which the right to identity is the child hasa birth certificate.
ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH Muslih
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.229

Abstract

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.
IMPLEMENTASI PASAL 19 PERATURAN PEMERINTAH NOMOR 60 TAHUN 2014 TENTANG DANA DESA YANG BERSUMBER DARI ANGGARAN PENDAPATAN DAN BELANJA NEGARA Marjiko; Lintje Anna Marpaung; Indah Satria
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.230

Abstract

The village is a unit of the legal community that has a genuine arrangement based on the privileged origin rights. The cornerstone of the thinking on village governance is diversity, participation, autonomy, democratization and community empowerment. The result of the study is the Implementation of Article 19 of Government Regulation No. 60 of 2014 on Village Funds sourced from the State Revenue and Expenditure Budget in Rama Yana Village Sub-District Seputih Raman Central Lampung Regency is currently done in accordance with government regulations but not yet maximized. The problem is still the lack of knowledge of village apparatus in understanding the rules about village fund management, lack of understanding of the tupoksi of each position, delay in the transfer of village funds, system of management of the village administration that is not optimal, lack of aspiration and active role of the community, ineffective communication between the community and the village head.
KERUSAKAN LINGKUNGAN SEBAGAI DAMPAK PENAMBANGAN BATU KAPUR DI BENTANG ALAM KARST KABUPATEN GUNUNGKIDUL Adnan Pambudi
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.231

Abstract

Mining without control and supervision can cause environmental damage. In order to keep the function of the nature in the process of mining, the government established preconditions and rules which is environmental impact analysis. Including the activity of rock mining in karst area Sewu hills, Gunungkidul, Yogyakarta. This area has been appointed by UNESCO as a geopark. On this research, the writer analyze about the impact of rock mining in environmental damage on this karst area. The research method used is empirical legal research. The empirical legal research is an (law in society?) observation and also can be called as a field observation in order to study the applicable law in the society. Several environmetal damages have been found on this research which are the change of the shape and the structure of karst hills, air pollution, and highway damage.
DISPARITAS PENERAPAN PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA Zainudin Hasan; Devi Firmansyah
PRANATA HUKUM Vol 15 No 2 (2020): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i2.232

Abstract

The same article but the verdict handed down is different in the case of narcotics abuse. This research is taken from the narcotics case that was decided by the Lampung Provincial District Court. The research problem is whether the factors causing disparity in the application of crime in narcotics abuse cases in the Metro City District Court (Study of Decision Number 14 / Pid.Sus / 2016 / PN.Met and Decision Number 52 / Pid.Sus / 2015 / PN.Met)? The research method used in this writing is normative juridical, and empirical approach. Research Findings that factors causing disparity in narcotics abuse cases in Metro District Court are due to the Laws and Regulations, Law Enforcement Officials Resources, Internal and External Factors of Judges, Judicial Power in Decision Making, Decision Making Mechanisms by the Judges, and Factors Circumstances in the Defendant. Suggestions are expected to the Judge as a law enforcement agency, it is necessary to impose maximum penalties on narcotics offenders in accordance with Law Number 35 of 2009 concerning Narcotics, so that with the maximum criminal offense, narcotics abusers can be deterrent and can also reduce the number of narcotics users.

Page 1 of 1 | Total Record : 9