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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 262 Documents
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ANALISIS YURIDIS DISKRESI KEPOLISIAN DALAM PENERAPAN DIVERSI I KETUT SEREGIG
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.181

Abstract

The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties. The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties.
ANALISIS PENYELESAIAN SENGKETA TERHADAP ANAK YANG MELAKUKAN WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA ANTARA PEMILIK BANGUNAN DENGAN PT. INDOMARCO PRISMATAMA ERLINA B
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.182

Abstract

Developments in the globalization era of business world engaged in the growing trade in Indonesia. This is the occurrence of agreements between interested parties and in the field of trade. In this case in Lampung Province licensing from PT. Indomarco Prismatama to Indomaret. In life in society, especially in business world, we see there are some Building Owner who do cooperation with Indomaret as license holder of PT. Indomarco Prismatama. This basic issue encourages the author to examine the lease agreement between the owners of the building with PT. Indomarco Prismatama. The problem in this research is “How is the settlement if one of the parties makes a default in the lease agreement between the owner of the building and PT. Indomarco Prismatama?”. Based on the results of the study it can be concluded that if the Second Party neglects to not fulfill its obligation to the agreed lease period of the compensation arrangement, then the Second Party is now also on time, i.e. in the event that the Second Party neglects its obligation to vacate the Building at the time of the Agreement The Lease Rents expire, then the Second Party hereby authorizes Substitution on the First Party now and for later.
KONSEP UNITED NATIONS GLOBAL COMPACT DALAM ISU HAK ASASI MANUSIA UNTUK TERWUJUDNYA CORPORATE SUSTAINABILITY Muhammad Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.183

Abstract

The presence of multinational corporations as one subjects of international economic law has had a significant influence in international economic relations. A corporation certainly can give a big contribution in social, economic, and cultural progress. But, on the other side, we are also faced by many processes which bring adverse impact to societies, loss the sources of the society life or at more serious level is the violations of human rights in the sector of corporate activity. This article aims to see how the international community’s effort in issues related to the company in the business filed when dealing with human rights. One of efforts undertaken by the international community was made an initiative name with United Nations Global Compact. Author use juridical-normative research method with literature studies. According to the result of studies, can be seen that the ultimate goal of initiative is to create a sustainable world economy. By the presence of this initiative, we hope that businesses which run a multinational company may enforce the values and principles that have been established in United Nations Global Compact, on of which is the respect of human rights.
ANALISIS PENYELUNDUPAN HUKUM KEPEMILIKAN HAK ATAS TANAH BAGI WARGA NEGARA ASING DENGAN CARA PELANGSUNGAN PERKAWINAN DENGAN WARGA NEGARA INDONESIA RISTI DWI RAMASARI
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.184

Abstract

Issues concerning the land can be prevented, at least to reduce the potential to avoid the cause, the problems are legal events, so the causes can be known and recognized by re-looking through existing legal ground view. From the problems in court, the process of settling the case takes a long time, sometimes for many years, it is because of the level of court that must be passed the District Court or Administrative Court, High Court, and Supreme Court.The problem in this paper is how the legal protection of land ownership rights for foreigners with the marriage with the citizens of Indonesia?egal protection of ownership of land rights for foreign nationals with marital sustainability with Indonesian citizens as a means of tenure of land ownership by foreign. By applying the nominee agreement, foreign nationals may control land as possessing land rights as Indonesian citizens. However, this agreement has not been regulated in Indonesia, especially the legal system of agreements set forth in the Civil Code (KUHPdt), so it is categorized into the category of legal smuggling of land ownership rights for foreigners. The legal effort to be taken in solving the problem of legal smuggling of land ownership rights for Foreigners with Marriage Sustainability with Indonesian Citizens is inseparable from the provisions of Article 1320 and Article 1338 of the Civil Code (KUHPdt).
IMPLEMENTASI PENANGANAN TINDAKAN KEKERASAN DALAM RUMAH TANGGA TERHADAPPEREMPUAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Dwi Putri Melati
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.185

Abstract

Some of the problems we encounter in married life, and often the occurrence of violence between husband and wife, then the subject matter in this paper about the handling of the law on acts of domestic violence experienced by women under the law no. 3 of 2004 on the Elimination of Domestic Violence. Problem approach using normative juridical approach (legal research). The victim can make a complaint on the violent acts committed by the victim's husband / wife, because in the complaint the authorities will not process the action without any complaints from the victim, it can also be revoked by the victim which in fact is the husband / wife of the perpetrator. Law enforcers must be firm in handling cases of domestic violence, Doers of Domestic Violence really should be processed fairly, victims of domestic violence should get legal protection
ANALISIS FUNGSI SATUAN POLISI PAMONG PRAJA DALAM PENERTIBAN PEDAGANG KAKI LIMA (PKL) BERDASARKAN PERATURAN DAERAH KOTA BANDAR LAMPUNG NOMOR 08 TAHUN 2000 TENTANG PEMBINAAN UMUM, KETERTIBAN, KEAMANAN, KEBERSIHAN, KESEHATAN DAN KEAPIKAN DALAM WILAYAH KOTA B OKTA AINITA
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.186

Abstract

Bandar Lampung Government Regulation Number 13 year 2013 about the Formation of Organization and Working Procedure of Government task force unit in Bandar Lampung regulates tasks and functions of Government task force unit in Bandar Lampung. Government task force unit has important roles in maintaining public security and orderliness and to enforce regional law products. According to that job descriptions, Government task force unitconducts disciplining actions upon any violation of public safety and orderliness as well as upon any regional law product.The research problem was the function of Government task force unit in disciplining small vendors and inhibiting factors for Government task force unit in disciplining small vendors.This research used normative and empirical jurisdiction and criminology approaches with primary and secondary data collected from literary study and from the field respectively. The researchersconcluded that the Bandar Lampung Regional Regulation was not yet optimal because Government task force unit had conducted its tasks to help the Major in safety and orderliness by enforcing the Regional Regulations but there were many stret vendors did not understand this Regional Regulation, yet they finally did this government policy with particular compensations.
DEVELOPMENT OF INVESTMENT IN INDONESIA Nita Ria Angkasa
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.187

Abstract

Judging from the division of European Law (Civil Law) we know that is Public Law and Private Law. What is a "Public Law"? Public Law is a Law that discusses about public interest concerning the interest of the State. related to the problems in the discussion of this journal. Discussion of Indonesian Legislation Regulation in Indonesia that is After Independence (1945 to present) Beginning of Legislation with Regulatory Sequence: TAP MPRS Number XX / MPRS / 1966 Jo TAP MPR Number V / MPR / 1973 and TAP NO IX / MPR / 1978, TAP MPR NO.III Year 2000, Law No. 10 of 2004 on Laws and Regulations No. 12 Year 2011 and the Role of Government Institutions to the Implementation of Laws Regulations in Indonesia Regarding Institutions The establishment of the law itself is contained in Article 5 paragraph (1) of the 1945 Constitution, Article 21 and Article 20 so that the holder of the main legislator is the DPR. Based on Article 5 paragraph (1), the President shall be entitled to submit a draft Law to the House of Representatives. Paragraph (2) The President shall stipulate a Government Regulation to enforce the Act as appropriate.
IMPLEMENTASI PENEGAKAN HUKUM BAGI PENGEDAR NARKOTIKA DI INDONESIA Fathur Rachman
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.188

Abstract

The circulation of narcotics is a big problem for Indonesia, so the need to discuss about the proper sanctions for narcotics dealers. then the subject matter in this paper about the legal sanctions for narcotics drug dealer in Indonesia. Problem approach using normative juridical approach (legal research). Narcotics dealer in a criminal act is an illegal narcotics dealer who is given a criminal sanction under Article 114 of Law Number 35 Year 2009 on Narcotics, with maximum threat of a sentence of 20 years or life imprisonment or death penalty or a fine. Law enforcers must be firm and eradicate the narcotic crime, Narcotics drug dealers should be given sanctions and deterrent effects for the perpetrators and gangs.
Kewenangan Negara dan Kewajiban Subyek Hukum Perdata dalam Hubungannya dengan Hukum Pajak Syukri Hidayatullah
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v11i1.189

Abstract

Although it is understood that the Tax Law is part of the Public Law, but the Tax Law has close links with the Civil Code and mutually concerned. That's because most of the Tax Law looking for basic possibilities for the collection of the events, circumstances and legal acts engaged in environmental civil, such as income, wealth, treaties submission, the transfer of rights as inheritance, compensation, debt relief, and so on. With the enactment of the tax in the form of the Act, means the tax is not a voluntary payment but as an obligation that must be followed so that if people do not meet their obligations will be sanctioned. From the standpoint of the Private Law, the tax in terms of the law is engagement arising from the Law (Tax Law) requires a person who fulfills the conditions prescribed by the Act to pay a sum of money to the treasury state that can be imposed. This research is to discuss the legal relationship between the obligation of natural person as part of Private Law and Tax Law as part of the Public Law.
Analisis Pertimbangan Hukum Pengadilan Militer Terhadap Anggota Militer yang Menyalahgunakan Narkotika dan Psikotropika (Studi Putusan PM Nomor: PUT/17-K/PM 1-04/AD/I/2014) Zainab Ompu Jainah
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v11i1.190

Abstract

Drug abuse problem, it is already very alarming, this was due to the development of scienceand technology, as well as the impact of globalization, the current transportation is very advanced. The problem in this research is how the legal considerations of the Military Court of the Military Members who abuse Narcotic Drugs and Psychotropic? Normative juridical approach and empirical, data analysis used is qualitative. The result is the legal considerations Military Court. Although this criminal act is a special type of criminal offense, but the presumption of innocence remains to be upheld in view of the defendant are also human beings who have rights. Based on Military Justice Putuasan Number: PUT / 17-K / PM 1-04 / AD / I / 2014 which involves Yuli Basuki Rahmat sergeant demanded prison for four (4) years for the accused detained temporarily reduced and a fine of Rp 800,000,000, - ., subsidiary 2 months in jail as well as additional criminal fired from military service. Saran, the Military Court Judge is expected to be able to apply the death penalty because of the impact of this extraordinary crime that can damage the physical and mental youth.

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