cover
Contact Name
Indah Satria, S.H., M.H
Contact Email
indah.satria@ubl.ac.id
Phone
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Journal Mail Official
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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 262 Documents
PENAL MEDIATION BY POLICE INSTITUTIONS IN HANDLING MIDDLE CRIMES IN REALIZING RESTORATIVE JUSTICE PRINCIPLES Aisyah Muda Cemerlang; Heni Siswanto
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.248

Abstract

Police duties as law enforcement has always put forward the principle of formal legality in an investigation. The investigators in performing their duties have a doubt in determining whether a case can be continued or not if a conciliation has been met. The problems of this research are to determine the implementation of mediation by the police in handling minor crime as an effort to realize restorative justice and to find out the inhibiting factors of the application of mediation by police in the effort to realize subtantive justice. The police officers in Bandar Lampung often encountered cases where conciliation was finally made so that the victim revoke the report; thus, the investigators tried to put forward the importance of justice and expediency; while the inhibiting factors included: First, the absence of a legal rule concerning penal mediation in criminal cases. Second, there was a gap in the application of mediation by the officers. Third, the police officers were too firm in applying the formal legal principles. It is suggested that the police officers need to emphasize the application of progressive law by applying restorative justice through the authority of discretion. It is necessary to have a perception adjustment in implementing the principle of restorative justice. Further, it is important to implement a rule regarding mediation as a settlement of criminal cases.
FACTORS INCREASING DIVORCE RATES DURING THE COVID-19 PANDEMIC IN LAMPUNG PROVINCE Yulia Hesti; Nuraini Hasanah Sudrajat
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.249

Abstract

The increasing number of divorce rates that occur is of particular concern, especially the government and during this COVID-19 pandemic, the divorce rate in Lampung Province has increased very significantly. In the course of marriage, there will definitely be problems faced by husband and wife where problems that cannot be resolved will inevitably lead to a divorce. Divorce is usually marked by several factors. The factors causing the increase in divorce rates during the COVID-19 pandemic in Lampung Province were disputes and also quarrels caused by several things, namely Financial Problems, Child Absence, Infidelity, Communication and Differences. It is hoped that husband or wife will understand each other better and understand the conditions that occur, especially if it is associated with the ongoing covid-19 pandemic.
OVERVIEW OF THE IMPLEMENTATION OF EARNING ZAKAT DISTRIBUTION IN THE LAMPUNG SEJAHTERA PROGRAM BASED ON SHARIA ECONOMIC LAW Deni Ariska; Nurnazli; Khumedi Ja'far
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.250

Abstract

There are several issues regarding the Lampung Prosperous Program which is one of the programs of the National Amil Zakat Agency (BAZNAS) of Lampung Province as an effort to distribute productive zakat to mustahik which has not run optimally. This can be found in the distribution of productive zakat by the National Amil Zakat Agency (BAZNAS) of Lampung Province which only provides capital in the form of duck, goat, and laying hens but is not accompanied by basic training in the field of animal husbandry. In fact, not all mustahik who are given the capital understand how to raise animals. In addition, mustahik (zakat recipients) in the Lampung Prosperous Program are not included in the eight asnaf group. The purpose of this study is to describe the implementation of productive zakat distribution in the National Amil Zakat Agency (BAZNAS) of Lampung Province and to examine and determine the perspective of Islamic law regarding the implementation of productive zakat distribution in the National Amil Zakat Agency (BAZNAS) of Lampung Province. This research includes field research, namely research that is directly carried out in the field or on respondents. In addition, this study also uses library research, namely research that uses literature (library), both in the form of Islamic law books (fiqh books, compilations of sharia economic law, scientific journals, and supported by interviews from sources, namely the Provincial BAZNAS Management). Lampung. Based on the results of this study, the implementation of productive zakat distribution carried out by the Lampung Province BAZNAS does not distribute productive zakat to eight asnaf that has been determined by the Qur'an, especially the needy and poor but to people who are considered capable. Able in the sense here is the ability to manage livestock, even though not all recipients of productive zakat in the form of livestock are people who are economically middle to lower, but people who are categorized as muzakki so that they do not reflect the benefit. If it is associated with verse 60 of surah at-Taubah with the Lampung Prosperous program run by BAZNAS Lampung Province, it is not as determined by the Qur'an. especially the needy and poor but to people who are considered capable. Able in the sense here is the ability to manage livestock, even though not all recipients of productive zakat in the form of livestock are people who are economically middle to lower, but people who are categorized as muzakki so that they do not reflect the benefit. If it is associated with verse 60 of surah at-Taubah with the Lampung Prosperous program run by BAZNAS Lampung Province, it is not as determined by the Qur'an. especially the needy and poor but to people who are considered capable. Able in the sense here is the ability to manage livestock, even though not all recipients of productive zakat in the form of livestock are people who are economically middle to lower, but people who are categorized as muzakki so that they do not reflect the benefit. If it is associated with verse 60 of surah at-Taubah with the Lampung Prosperous program run by BAZNAS Lampung Province, it is not as determined by the Qur'an. but people who are categorized as muzakki so that they do not reflect the benefit. If it is associated with verse 60 of surah at-Taubah with the Lampung Prosperous program run by BAZNAS Lampung Province, it is not as determined by the Qur'an. but people who are categorized as muzakki so that they do not reflect the benefit. If it is associated with verse 60 of surah at-Taubah with the Lampung Prosperous program run by BAZNAS Lampung Province, it is not as determined by the Qur'an.
REDESIGN OF LICENSING IMPLEMENTATION TRYING TO IMPROVE THE REGIONAL INVESTMENT ECOSYSTEM Okta Ainita
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.251

Abstract

In the current practice in Indonesia, the government places licensing as a form of obligation that must be fulfilled by business actors to be able to carry out business activities legally (license approach). The complicated problem of doing business in Indonesia is caused by so many regulations (over-regulated) in the licensing sector whose substance is not harmonious, overlaps, and even contradicts one another. Such regulations create a long and complicated licensing system that results in the investment climate in Indonesia becoming ineffective, inefficient, and not providing legal certainty. The working mechanism of business services in Indonesia is considered to take a long time, is not transparent, is not informative, has limited service facilities and infrastructure so that which requires high costs. The urgency of licensing redesign is motivated by the weak investment competitiveness and growth of the private sector in Indonesia. The big agenda of building a productive investment-based economy is threatened to run aground or move slowly if all the blockages in the administrative and policy spheres are not carried out by reconstruction. Policy improvements to simplify business licensing, which are carried out in a relatively short time, uncomplicated procedures, and low costs for establishing, operating, and developing businesses are expected conditions. By implementing risk-based regulations as a reference for determining the type of business licensing accompanied by the implementation of inspections for effective control, will simplify the business licensing mechanism and will ultimately provide economic, social, and environmental benefits.
ANALYSIS OF THE JUDGE'S VERDICT ON THE CRIMINAL ACT OF MONEY DOUBLING FRAUD COMMITTED BY THE PARANORMAL Levi Olivia
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.252

Abstract

Association is often abused, or also utilizes relationships that have been established so well. Many cases of fraud between friends of a certain group where the relationship is already well established, on the grounds of their economy by daring to commit a criminal act of fraud to their own friends. The problem in this study is 1) what is the factor that causes the criminal act of money doubling fraud committed by psychics?, 2) how is the law enforcement process against the perpetrators of money doubling fraud?, 3) how is the consideration of hakin against the perpetrators of money doubling fraud? The methods used in this research are through normative juridical approaches, and empirical approaches using secondary data and primary data, data abalysis using qualitative analysis. Based on the results of the research, it can be concluded that the factors that cause the criminal act of money doubling fraud committed by the paranormal is due to economic, educational, social and environmental factors, the law enforcement process against the perpetrators of fraud crimes is carried out by the police, prosecutors and decided in court while the judge's consideration of the perpetrators of fraud fraud is multiplied by the paranormal based on article 378 of the Kuh. P Jo Article 55 Paragraph (1) and sentenced to imprisonment for 1 (one) year 6 (six) months. The advice in this study is to be more wary of all sorts of forms of deception, albeit with various seductions, because being confident and believing sudan's sustenance is governed by Allah SWT not in the way that psychics do. Law enforcement officials in sanctioning the accused must pay attention to the non juridical aspect of the perpetrator's actions.
RESPONSIBILITY FOR SPACE ACTIVITIES ACCORDING TO INTERNATIONAL LAW Agit Yogi Subandi
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.253

Abstract

Space law, described as a "body of law" that regulates activities related to space. As with international law in general, space law uses legal bases, among others, a.l; international treaties, conventions, and resolutions issued by the general assembly of the United Nations to regulate these activities. Because this space activity carries a very large risk, such as failing to orbit the space vehicle at its orbital point, causing damage to the vicinity of the launch site. Based on that, what needs to be discussed in this paper is what is the concept of responsibility in space activities? And what is the definition of liability under international law? The existence of arrangements regarding this activity, it is shown that the responsibility is public and accountability is in the form of compensation.
LAMPUNG PROVINCIAL GOVERNMENT SYNERGY AND BNN IN P4GN PROGRAM Sri Riski; Damanhuri WN
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.254

Abstract

The regulation regarding narcotics is currently regulated especially in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. In the Narcotics Law, narcotics are divided into 3 groups which are further mentioned in the attachment to the law (Article 6 of the Narcotics Law). To eradicate the abuse of narcotics in Indonesia, a Badan Narkotika Nasional, or abbreviated as BNN, was established (Article 64 Paragraph (1) of the Narcotics Law). In carrying out their investigative duties, investigators of the National Narcotics Agency (BNN) have the authority, among other things; to search and conduct tests of urine, blood, hair, and other body parts (Article 75 letters e and 1 of the Narcotics Law).
ISLAMIC LAW VIEWS ON SIRRI MARRIAGE Bunyamin Bunyamin; Khoirul Abror; Bunyana Solihin
PRANATA HUKUM Vol 16 No 2 (2021): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v16i2.255

Abstract

The right of every citizen to form a family and continue offspring is a constitutional right as regulated in the 1945 Constitution. This study aims to find out how the views of Islamic law are. The views are taken from the opinions of classical and contemporary Ulama. In this study using the library research method, which is research based on literature. Data collection techniques were carried out by searching through various sources such as books, journals and policies related to sirri marriages. Data analysis was carried out by describing the results of the study obtained and then concluding based on relevant references. The results of the study show that based on Islamic law presented by classical Ulama describe sirri marriages/underhand marriages as a form of marriage that is not witnessed or there are witnesses but the groom asks the witness to keep the marriage that occurred. Some classical Ulama such as Maliki, Shafi'i and Hanafi do not allow sirri marriages, while Hambali argues that such marriages are makruh. Ibn Taimiyah argues that sirri marriage is a false marriage. Meanwhile, contemporary Ulama such as Mahmud Syalthut argue that sirri marriage is an illegitimate/nulled marriage. Meanwhile, according to Ijtima 'Ulama, the Fatwa Commission of the Indonesian Ulema Council, a sirri marriage that complies with the terms and conditions of marriage but is not registered by the marriage registrar is a religiously valid marriage.
URGENCY OF STRENGTHENING INDONESIA BORDER AREA MANAGEMENT Muhammad Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 17 No 1 (2022): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i1.265

Abstract

The presence of Law Number 43 of 2008 concerning State Territory (State Territory Law) shows the seriousness of the Indonesian Government in managing border areas. Even so, there are still many problemsin border area management that need solutions to be found. This is related to the issue of the authority to manage border areas and the institution for controlling national borders as regulated in State Territory Law. This article aims to analyze the reasons for the need to strengthen border area management. The research method in this article is a normative juridical approach presented in analytical descriptive. This article concludesthat State Territory Law has not been optimally implemented to encourage the realization of the border area as Indonesia's front porch. Therefore, the revision of State Territory Law is urgent to be carried out, especially related to the management of border areas where this needs to become a separate law, unlike currently which is only a subpart of State Territory Law. Meanwhile, related to institutions, the National Agency for Border Management needs to be strengthened in its authority in managing border areas, not only for cross-agency coordination but also to be able to carry out executions. This strengthening can even reach the stage of increasing the institutionalstatusin managing border areas, namely to the Ministry stage.
IMPLEMENTATION OF PERMENDIKBUD NUMBER 22 OF 2017 CONCERNING INTERNAL SUPERVISION UNITS IN THE MINISTRY OF EDUCATION AND CULTURE Linjte Marpaung; Rima Ulfayanti
PRANATA HUKUM Vol 17 No 1 (2022): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i1.266

Abstract

The problem in this paper is how to implement Permendikbud Number 22 of 2017 Concerning The Internal Supervisory Unit at the Lampung Provincial Language Office and what are the obstacles faced in implementing this regulation. Regulation of the Minister of Education and Culture Number 22 of 2017 concerning Internal Supervisory Units has been implemented, but has not been maximized. This is because the SPI has not been involved in mentoring and reviewing the RKAKL and Financial Reports.