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INDONESIA
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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FANATISME DAN EKSISTENSI NILAI-NILAI DEMOKRASI KADER NAHDLATUL ULAMA KOTA METRO PADA PILPRES 2019 Hendra Irawan; Ika Selviana
PRANATA HUKUM Vol 15 No 1 (2020): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i1.220

Abstract

Fanaticism has become an ordinary phenomenon and has a positive effect on individuals in believing things. However, the fanaticism that arose in the cadre of the Islamic community organization Nahdlatul ulama Metro city related to the presidential election in 2019, not only connects fanaticism with religious beliefs but also against the organization it adheres to. This fanaticism had an impact on the tendency of NU cadres to choose pairs of presidential candidates based on organizational similarity. The existence of fanaticism is possible to disrupt the existence of democratic values that uphold freedom of choice without pressure from certain individuals or organizations. The type of approach used in this study is qualitative naturalistic, with ethnographic research designs that will find forms of fanaticism of cadres Nahdlatul ulama. The primary data source is aimed at the Nahdlatul Ulama Management and cadres, with data collection techniques in the form of semi-structured interviews and uninvolved observation. From this research, it was found that fanaticism in a number of Nahdlatul Ulama cadres in Metro city is still classified as positive fanaticism. The fanaticism is in the form of support given by spreading positive news of a presidential candidate pair who is supported and dispelling negative news on social media and in the community. The existence of fanaticism in NU cadres does not at all influence the existence of democratic values because neither the board of directors nor the NU cadre forces their cadres to choose NU ulamas who are included in the presidential candidate pair in the 2019 presidential election.
PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG BARANG RAMPASAN NEGARA BERUPA KENDARAAN RODA DUA YANG DIEKSEKUSI DENGAN CARA LELANG OLEH KEJAKSAAN Okta Vianus Puspa Negara; Zainab Ompu Jainah; S. Tri Herlianto
PRANATA HUKUM Vol 15 No 1 (2020): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i1.221

Abstract

Prosecutors as law enforcement institutions carry out execution of state loot in various ways, one of which is auctioned for the country. One of the loot state executed by the state attorney of Bandar Lampung by means of auction is a unit of vehicle twowheeled vehicles as contained in the quote treatise Number: 908/2016 issued by the State Wealth Service office and auction of Bandar Lampung. The results of this study showed: (1) The protection of the law against the auction winners of the state booty in the form of two-wheeled vehicles executed by way of auction by the attorney in quotation treatise number: 908/2016 can be realized by enforcing legislation or special policies in order to fulfill the right of auction winners to manage and possess vehicle ownership documents both STNK and BPKB. (2) The legal certainty of the winner of the state Booty auction in the form of a two-wheeled vehicle executed by way of auction by the Prosecutor has not materialized because the auction winner cannot take care of and have the vehicle ownership documents both in the form of STNK The winner of the auction in this case only accepts auction treatise quotes number: 908/2016 which serves as a buy and sell deed.
ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MENGGANDAKAN SURAT PALSU UNTUK BEKERJA DI PT. GREAT GIANT PINEAPPLE HUMAS JAYA Helmi Rangkuti; Ketut Seregig; Tami Rusli
PRANATA HUKUM Vol 15 No 1 (2020): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i1.222

Abstract

The rise of the crime of counterfeit letters is very concern for people who become victims of crime and the emergence of the crime is racing because the perpetrators want a profit. All the criminal counterfeiting of the letter is very large both for the victims and other communities by the loss of both material and non-material, in the life of this advanced society and regularly want a guarantee of truth on the evidence of a letter owned by a person. The research result is the cause of perpetrators of criminal acts doubling the counterfeit letter to work at PT Great Giant Pineapple Humas Jaya in article No. 403/Pid. B/2018/PN. Gns namely intention perpetrator, low education factor, factors of economic necessity, and the low Moral factor and religious knowledge, the liability of perpetrators of criminal acts doubling the false letter to work in verdict number: 403/Pid. B/2018/PN. Gns adjusted to the decision of the Assembly of judges that the perpetrators proved lawfully and conclusive criminal acts doubling the counterfeit letter to work with imprisonment for 1 (one) year.
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.

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