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Jurnal Pranata Hukum
Published by Universitas Bandar Lampung
ISSN : 1907560X     EISSN : 26853213     DOI : https://doi.org/10.36448/pranatahukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 10 Documents
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Search results for , issue "Vol. 17 No. 2 (2022): Juli" : 10 Documents clear
PENEGAKAN HUKUM DAERAH ALIRAN SUNGAI CITARUM, SOLUSI PRAKTIS MENUJU KELESTARIAN LINGKUNGAN R. Jossi Sutari Belgradoputra; Irma Verlianara; T. Banjarnahor
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.261

Abstract

In 358 - 382 AD, a Maharesi or Pastor from Salankayana, India named Jayashingawarman built a small hamlet on the banks of a river around which many Tarum (Indigofera) trees grow, which is a type of blue-producing plants. Gradually the hamlet developed into a large kingdom, namely the Tarumanegara Kingdom. The river is the Citarum river. The Citarum River is the longest river in West Java which flows approximately 297 kilometers, sourced from the Mount Wayang springs (south of Bandung City), then flows north through the Bandung Basin and empties into the Java Sea, Karawang district. Citarum is one of the most important watersheds in West Java Province, which makes a major contribution to the lives of the surrounding communities, both for clean water needs, water supply for agricultural, industrial, and other purposes. The surrounding population uses fishery resources in this river, either traditionally by fishing or fishing. However, in the last 30 years, environmental deforestation, pollution of household waste, factory waste to sedimentation and erosion have become problems that have undermined water quality and flow coverage.Environmental preservation is very necessary for all of us, so that our future generations can still enjoy sustainable living resources.
ENVIRONMENTAL PROTECTION IN THE PERSPECTIVE OF THE PRINCIPLE OF STATE RESPONSIBILITY nilam hidayah nilam hidayah; Pamungkas Satya Putra
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.273

Abstract

Setiap orang berhak hidup dalam lingkungan hidup yang baik dan sehat, hal ini tertuang dalam UUD Pasal 28H Ayat ( 1 ). As a country that is carrying out a sustainable development process, Indonesia emphasizes that the earth, water and the wealth in it are controlled by the state to support welfare. public. Exploitation of natural resources continues, one of which is taking coal in South Kalimantan. A decree regarding coal production in the area has been issued, but negative reactions have been given by the community around the mining area and the Indonesian Forum for the Environment. This research describes mining by raising the study of coal mining permits in South Kalimantan. The research method uses qualitative methods, namely procedures that present descriptive data from social observations in people's lives. Referring to the title, this research uses a case study. Research conducted in an incentive at an institution and certain symptoms (Arikunto, 2002: 14). The purpose of this research is to study and analyze the application of the principle of state responsibility from the cancellation of the Decree of the Minister of Energy and Mineral Resources of the Republic regarding mining permits in the South Kalimantan region. Keyword: Environment, Coal, State Responsibilities.
ISLAMIC LAW BASE ON IMAM ABU HANIFAH'S VIEWS ON THE MECHANISM OF MARRIAGE FOR MUTE PEOPLE Fitra Liana Suri; Khoirul Abror; Efa Rodiah Nur
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.274

Abstract

Marriage is an integral part of Islamic law that is inseparable from the dimensions of Islamic faith and morals. So Islam provides guidelines so that judges and courts do not deviate or deviate. Because Islamic law as a living law in the Indonesian national legal order, of course it must be able to balance and answer the problems and legal developments that occur in society. The occurrence of a marriage bond does not only have an impact on civil relations, such as the rights and obligations of husband and wife, guardianship, children's position, joint property, inheritance, kinship, neighbourhood and customs, but also involves the obligation to obey religious orders and prohibitions, both in human relations with God and human relations with humans (mu'amalah) in social life so that they are safe in this world and safe in the hereafter. The process of the marriage contract by pronouncing the consent and qabul was carried out orally. If the parties are unable to perform the consent and qabul verbally due to certain obstacles, then the marriage contract can be carried out using a sign. This research belongs to the type of library research, namely research that uses literature, both in the form of Islamic law books (fiqh books, compilations of Islamic law) related to this research. Based on the results of this study, Imam Abu Hanifah distinguishes between people who are mute since birth and normal people who become mute. If a person has the possibility to speak, then he should not use sign language because he is not classified as a mute person. However, if a person is confirmed to be mute until he dies, then the law is the same as for a mute person.
ANALYSIS OF THE DEVELOPMENT OF MENTALLY ILL PRISONERS IN PRISONS BASED ON LAW NUMBER 12 OF 1995 CONCERNING CORRECTIONAL SERVICES RULLY ANWARDI LUBIS; Lintje Anna Marpaung
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.280

Abstract

The Penitentiary is part of the judicial sub-system that functions as a place for people who commit criminal acts and other violations of the law to get guidance so that they can realize their mistakes and account for what they have done, one of which is in the Bandar Lampung class I penitentiary, various differences in the period of punishment make prisoners experience life pressures during the criminal period resulting in strees and disturbances mental health causes death by suicide, this research was conducted with the aim of being able to provide guidance to prisoners who experience mental health disorders in accordance with Law Number 12 of 1995, using empirical legal qualitative research methods, using a type of descriptive research analysis, the results of the study show that the coaching of mentally ill prisoners has not been optimal and has not been regulated in the law, the treatment of mentally ill inmates still receives the same rights and obligations in carrying out the sentence in the penitentiary.
JUSTICE INTRODUCTION IN LAND LAW syamsuddin pasamai
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.284

Abstract

Justice is one of the legal goals to be realized, while the existence of land is an essential human need whose regulations need to be regulated transparently in land law. This phenomenon, ex officio places land as an integral part of human rights that must be fulfilled for the benefit and certainty of other legal purposes. Therefore, the proposed "prasaran" in Indonesian means a description of the opinion (postulate, etc.) as anintroduction to discuss or discuss a problem. The infrastructure contains the value of justice in land law regardless of the benefits and legal certainty. Ideally, land law is not static, but always dynamic by considering each individual as a member of society.
A LITERATURE REVIEW OF COERCIVE ISOMORPHISM ON CORPORATE LEGAL RESPONSIBILITY IN INDONESIA Muhamad Romdoni
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.286

Abstract

This paper analyzes the effect of coercive isomorphism (legal system) in Indonesia. It is necessary to improve a kind of reform in a directed and integrated manner, both related to codification and specific legal fields, to support the development in various aspects of society. If we refer to the Law Outside the Criminal Code, there are several crucial issues, such as accountability for criminals as subjects of criminal Law. This research is a literature study as a review of corporate criminal liability by using the method juridical empirical. From a series of studies and in-depth studies conducted, the authors found several systems of corporate criminal liability, such as doctrinal Strict Liability, the doctrine of Vicarious Liability, and the doctrine of direct corporate criminal responsibility, to the teachings of the Corporate Culture Model. For example, in applying the Vicarious doctrine, liability to corporations is contained in Article 116 paragraph (2) UUPPLH. Some of the results of the studies in this study led to an evaluation and essential recommendations related to aspects of corporate criminal liability in the legal system in Indonesia.
CRIMINAL LIABILITY ANALYSIS OF FORGERY OF ANTIGEN RAPID TEST LETTERS AT BAKAUHENI PORT Andi Kristianto; Indah Satria
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.288

Abstract

The Criminal Act of Forgery of Letters is a criminal act whose implications have an impact on the truth and trust of people. The perpetrator uses a fake letter aimed at obtaining benefits for himself and for his actions it can harm others both losses of an individual nature and losses that have a broad impact on the act itself. The research methods used in this writing are normative juridical, and empirical approaches. The data used are secondary data and primary data. Data analysis uses descriptive analysis. Factors causing the perpetrator to commit a criminal act of forgery of a rapid antigen test letter in Case Number: 384/Pid.B/2021/PN. Kla is the Intention of the Perpetrator, the Factor of Low Education, the Factor of Economic Needs, and the Factor of Low Morals and Religious Knowledge. Liability of Criminal Offenders of forgery of rapid antigen test letters in Decision No. 384/Pid.B/2021/PN. Kla is charged with article 14 paragraph (1) of law of the Republic of Indonesia Number 14 of 1984 concerning Infectious Disease Outbreaks Jo Article 55 paragraph (1) 1 of the Criminal Code. The people of South Lampung Regency should support efforts to overcome the infectious disease outbreak carried out by the South Lampung Police So that Covid-19 in the South Lampung area can be overcome to the maximum. The Public Prosecutor should be careful and careful in compiling the indictment letter, so that the indictment letter can be used the basis for the judge to impose or not impose a sentence on the offender who is facing trial.
COMPARATIVE STUDY OF THE CONSTITUTIONAL COURT AS A GUARDIAN OF THE CONSTITUTION BETWEEN INDONESIA AND GERMANY Chatrine Sabendi Putri; Muhammad Rafi Darajati
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.289

Abstract

After years of being formed, the Indonesian Constitutional Court is considered to have carried out its duties and functions well. However, if we look further, there are still shortcomings and several things that the Indonesian Constitutional Court has not accommodated in carrying out its duties and functions compared to the German Constitutional Court which is known to the world as one of the Constitutional Courts which is often used as a reference by other countries in the establishment of the Constitutional Court. This article will discuss the differences between Indonesian Constitutional Court and German Constitutional Court which aims to sort out the positive things that can be an improvement material for the Indonesian Constitutional Court to strengthen the Indonesian Constitutional Court. This writing uses a normative writing method with a comparative approach and a historical approach. The results of this study show that there are several arrangements from the German Constitutional Court that can actully be applied by the Indonesian Constitutional Court such as the authority of constitutional complaints and constitutional questions, arrangements regarding the expansion of the applicant party in the application for dissolution of a political party to the Constitutional Court, and regarding the elimination of re-election for a constitutional judge and also about the addition of their term of office.
ANALYSIS OF NON JUDGE MEDIATORS' EFFORTS IN THE SETTLEMENT OF CIVIL CASES BASED ON PERMA NUMBER 1 YEAR 2016 CONCERNING MEDIATION PROCEDURES Muhammad Syaifudin Amin; Baharudin Baharudin; Yulia Hesti
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.290

Abstract

Mediation is one of the faster and cheaper dispute resolution processes, and can provide greater access to justice for the parties in finding a satisfactory dispute resolution and fulfilling a sense of justice. case in court. The problems in this research are the efforts of non-judge mediators in settling civil cases based on PERMA Number 1 of 2016 and the inhibiting factors of non-judge mediators in settling civil cases based on PERMA Number 1 of 2016. The results of the study, Non-Judge Mediators Efforts in Settlement of Civil Cases Based on PERMA Number 1 of 2016 that mediation is a controlled process, where a neutral and objective party can be accepted by both parties to the dispute, helping the parties to find an agreement that can be accepted by the parties. both to end the dispute between them. inhibiting factors of non-judge mediators in the settlement of civil cases Based on PERMA Number 1 of 2016 that the parties are not in good faith, the parties are supported by their environment, good faith is one of the factors that most influence the success of mediation because the parties are the main actors in the mediation process, whatever What happens during the mediation process is the responsibility of the parties to determine their own desires, the mediator only directs and helps provide choices, not to make decisions on what the parties want.
LEGAL PROTECTION OF CONSTITUTIONAL RIGHTS OF INDIGENOUS CHILDREN’S INDIGENOUS LEGAL COMMUNITIES IN MUSI RAWAS UTARA REGENCY, SOUTH SUMATERA PROVINCE Wawan Fransisco
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.291

Abstract

A group of people who have the same feelings in a group, living in one place due to genealogy or geological factors is a Customary Law Community. the rules regarding rights and obligations on material and immaterial goods are already owned in their own customary law. the normative legal writing method because it examines statutory regulations, literature, and journals and papers related to the material under study, which consists of the types of data obtained in this study are secondary data, namely data obtained from library research and documentation, which is the results of research and processing of others, which are already available in literature or documentation. Protection for indigenous peoples as regulated in Article 28I paragraph (3) as well as in Article 18 B (2) of the 1945 Constitution and operational regulations are very necessary so that Indonesian legal order can be implemented properly. This problem is because the amendments to the 1945 Constitution at that time were laden with the interests of the administrators at that time. On the other hand, the state also recognizes and respects the rights of indigenous peoples, as well as on the other hand, they are required to fulfill the requirements to realize their rights.

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