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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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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.
EXISTENCY ROLE OF THE GENERAL ELECTION SUPERVISORY AGENCY IN LAMPUNG LAW ENFORCEMENT OF THE 2019 ELECTION Maimun Maimun; Rudi Santoso
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.235

Abstract

The Lampung election supervisory body has performed its role effectively byprocessing these findings and reports. Although, in the process, only one criminal case reached a trial and was decided by the Court. The Lampung general election supervisory body has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of the Integrated Law Enforcement Center (Gakkumdu). This is due to differences in backgrounds and good views between the General Election Supervisory Agency, the Police and the Attorney General's Office in observing cases of election violations. Another factor is Human Resources. Human resources owned by the General Election Supervisory Agency are still very few, coupled with the number of budgets and inadequate facilities. In the process, only one criminal case has reached trial and is decided by the Court. The Lampung general election supervisory agency has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of theIntegrated Law Enforcement Center (Gakkumdu). This is due to differences inbackgrounds and good views between the General Election Supervisory Agency, the Police and the Attorney General's Office in observing cases of election violations. Another factor is Human Resources. Human resources owned by the General Election Supervisory Agency are still very few, coupled with the number of budgets and inadequate facilities. In the process, only one criminal case has reached a trial and is decided by the Court. The Lampung general election supervisory agency has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of the Integrated Law Enforcement Center (Gakkumdu).
IMPLEMENTATION OF ARTICLE 3 LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING IN THE GRANTING OF EXPLORATION MINING BUSINESS LICENSE Anggalana; Dery Putra; Chandra Reformasi
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.236

Abstract

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.
INTRODUCING JUSTICE START UP IN LABOR LEGAL CONTEXT Rifka Yudhi
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.237

Abstract

After graduating from college, almost all fresh graduates usually experience adilemma caused by the limitations or suitability of their competencies andopportunities, coupled with the presence of the Covid-19 pandemic. The commonopportunities chosen by fresh graduates include waiting for the momentum of the CPNS test, selecting BUMN employees, becoming private employees, and continuing their studies to the S2 level. However, this is not the case for Start Upwhich is barely even an option. The results of the discussion show that: (1) The increasing number of internet users in Indonesia, aspects of cost flexibility and ease of place, and starting to replace certain jobs either by applications or robots, should be able to be glimpsed by the younger generation who have lots of ideas and creativity in their fields to start a business up; (2) The start-up that is initiated must be fair and at least meet 3 (three) criteria: (i) the work relationship is based on a work agreement; (ii) The substance of the work agreement must include the type of work agreement, when it starts and ends, whether there is a probation period, work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employmentrelationship ends; (iii) efforts will be made to make efforts to meet decent livingstandards. work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employment relationship ends; (iii) efforts will be made to make efforts to meet decent living standards. work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employment relationship ends; (iii) efforts will be made to make efforts to meet decent living standards.
JURIDICAL ANALYSIS OF THE IMPACT OF CATCALLING ON WOMEN AND SANCTIONS FOR CATCALLING ACTORS IN INDONESIA Budi Hidayat; Yulia Hesti; Fauzi Fauzi
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.238

Abstract

The large number of sexual harassments that occur in society is caused by theabsence of legal certainty that has been accepted by the perpetrators. One form of verbal sexual harassment is catcalling, most of the victims are women. Catcalling is carried out in public spaces such as public roads, public transportation, markets and even workplaces. The impact of catcalling is very bad because it will affect his psyche which can be seen from a psychological, emotional, anxious, fearful and uncomfortable feeling that can even lead to depression. Sanctions for Catcalling Actors in Indonesia are regulated in this Article, namely Article 281 Paragraph (2) of the Criminal Code, Article 8, Article 9, Article 34, Article 35 of the Law on Pornography. There are several basic reasons why the Pornography Law was used as a legal basis for catcalling, namely the definition of pornography as contained in Article 1 Number 1 General Provisions of Act of Number 44 Year 2008 concerning Pornography. The state is expected to be able to protect its citizens from catcalling by providing legal certainty, so that the perpetrators will no longer repeat or even commit the act. There are several basic reasons why the Pornography Law was used as a legal basis for catcalling, namely the definition of pornography as contained in Article 1 Number 1 General Provisions of Act of Number 44 Year 2008 concerning Pornography. The state is expected to be able to protect its citizens from catcalling by providing legal certainty, so that the perpetrators will no longer repeat or even commit the act.
IMPLEMENTATION OF PRESIDENTIAL POWER BASED ON THE 1945 STATE CONSTITUTION OF THE REPUBLIC OF INDONESIA Baharudin; Indah Satria; Sopian Efendi
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.239

Abstract

The unclear regulation on the power of President as the highst war Command of the Army, Navy And Air Force, raises the problems in the practices of Indonesian State. It has the scope and implementation of power of President based on Article 10 Constitution. The method of this research used this paper is juridical normative, juridical historic, and juridical comparative. The research was undertaken on library research to collect primary, and tertiary data. The result of research, showed that scope of President power based on article 10 of the 1945 Constitution include the financial, personal, and National defense. Implementation of President power based on Article 10 of the 1945 Constitution as long as the Presdiden government of Indonesia has implementatition. The was Command, was used as power instrument.
REVIEW OF SHARIA ECONOMIC LAW ON THE IMPLEMENTATION OF THE MURABAHAH ACCOUNT AT MANDIRI SYARIAH BANK BANDAR LAMPUNG CITY Heru Fadli; Khumedi Ja'fa; Iskandar Syukur
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.240

Abstract

Ba'imurabahah is applied as a financing product to finance the purchase ofconsumer goods (consumption), working capital needs, and investment needs.Financing in the form of consumers (consumption) are asuch as the purchase ofvehicles, houses, and multipurpose goods (electronic goods, household equipment, and other consumer goods). For example, working capital financing to purchase paper raw materials for printing orders, mercantile inventory, raw material inventory, and capital goods, as well as unsustainable working capital. Likewise, financing for investment are such as to buy machinery and equipment for technological upgrades and updates. The Implementation of the MurabahahAgreement at Bank Mandiri Syariah, Bandar Lampung City was considered from the Perspective of Sharia Economic Law. In practice, Islamic Banks do not sell goods to customers, but Islamic Banks only provide an authorized amount of money to customers to buy goods for themselves. This seems as if the Islamic Bank does not want to take the risk, even though it should be the seller of the Islamic bank to be ready to face the risk of loss. Based on the results of this study, the implementation of the Murabahah Agreement at Bank Mandiri Syariah Bandar Lampung City did not fulfill one of the pillars of the contract.
ANALYSIS OF APPLICATION ARTICLE 88 REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 120 OF 2018 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 80 OF 2015 CONCERNING THE ESTABLISHMENT OF REGIONAL LEGAL PRODUCTS Linjte Marpaung; Herlina Ningrum; Erman Syarif
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.241

Abstract

Enforcement of the concept of law facilitation of its implementation has not gone well, especially the implementation of the order Article 88 Regulation of the Minister of Home Affairs No. 80 of 2015 on the Establishment of Regional Law Products in conjunction with Minister of Home Affairs Regulation Number 120 Year 2018. The problem of how the legal consequences and obstacles in the application of Article 88 Minister of Home Affairs Regulation No. 120 of 2018 concerning Amendment to Regulation of the Minister of Home Affairs Number 80 Year 2015 concerning the Establishment of Regional Law Products against the preparation of regional legal products in Lampung Province. Research methods use normative and empirical juridical approaches. Norms must be stated in Article 88 paragraph (2) Regulation of the Minister of Home Affairs No. 120 of 2018 states that facilitation of draft local regulations and draft regulations of regional heads and / or draft regulations of the DPRD has the consequence that facilitation must be implemented, if there is no law on the draft regional regulations and draft regulations of regional heads and / or draft regulations of the DPRD flawed procedures both material (substantial) and formal (procedural) and can not be determined and delay in facilitation resulting in all the implementation process of the draft regional regulations and the draft regulation of regional heads and / or draft regulations of the DPRD. Advice to the Directorate General of Regional Law Products Otda of the Ministry of Home Affairs to prepare sop evaluation, facilitation of regional legal products, simplification of procedures.
THE URGENCY OF REGIONAL REGULATIONS IN REALIZING DISASTER RESILIENT VILLAGES IN SOUTH LAMPUNG DISTRICT Agung Prasetyo; Okta Ainita
PRANATA HUKUM Vol 16 No 1 (2021): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i01.242

Abstract

This research examines the urgency of Village Regulations as a basis To realizedisaster resilient villages based on the understanding that villages as community disaster resilents, this research will identify village regulations as potential legal instruments governing disaster risk management. The research methods used are normative and empirical research, while data collection required will be carried out through studies. document. The results show that village regulations are a legal instrument needed to implement disaster resilient communities, village regulations serve as the basis for strengthening disaster resilient villages and serve as guidelines in communities at village level resilient to disasters, village regulations are also the key to overcoming community vulnerability to disasters Basically, the risk is managed through strengthening coordination and increasing the capacity of village government officials. This research was conducted in South Lampung Regency in a village that was affected by the 2018 tsunami disaster. The contribution of this research is to encourage the village government as the leading government organizing entity to build disaster awareness through village regulations as a legal instrument to form a disaster management-based framework.

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