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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 268 Documents
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A BRIEF HISTORY OF SUSTAINABLE DEVELOPMENT PRINCIPLES AND ITS IMPLEMENTATION IN INTERNATIONAL LAW AND INDONESIAN LAW Agit Yogi Subandi
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.v17i1.267

Abstract

In the beginning, humans wanted change in life. Especially in terms of human thought which was centered on God or nature (Theocentric), then later shifted to being centered on humans themselves (Anthropocentric). However, with this change, humans actually destroy their own habitation, because they exploit nature for their own interests and this actually becomes self-destruction. Based on this, a concept emerged to balance what humans need with what nature wants (the concept of natural law), namely sustainable development. This concept continues to develop until now, but the manifestation of the concept seems difficult to apply in life in countries. Therefore
JURIDICAL REVIEW OF CRIMINAL ACTS OF DEFAMATION Nurbaiti Syarif; Erik Kombi
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.v17i1.268

Abstract

Criminal acts of defamation that occur in our society, need attention and handling by law enforcement officials. The juridical basis that regulates the criminal act of defamation is Article 310 and Article 311 of the Criminal Code (KUHP) which describe in detail the criminal act of defamation. For this reason, the author wants to know how the perspective of criminal law on defamation offenses and legal remedies in overcoming criminal defamation acts. This study uses a normative juridical approach which refers to the typology of research on applicable laws, norms, rules, regulations and legislation. The normative approach is carried out through library research by studying theoretical matters. The perspective of criminal law against perpetrators of criminal acts of defamation is applied based on Article 310 and Article 311 of the Criminal Code, which is seen from the point of view of the occurrence of prohibited acts, a person will be held accountable for his actions if the action is against the law and there is no reason to justify or negate the unlawful nature of doing so. crime committed and his ability to be responsible. Meanwhile, legal efforts in dealing with criminal acts of defamation can only be processed by the law enforcements if there are complaints from parties who feel that their names have been defamed.
JURIDICAL ANALYSIS OF THE RELEVANCE OF GOVERNMENT REGULATION NUMBER 80 OF 2019 CONCERNING E-COMMERCE WITH LAW NUMBER 7 OF 2014 CONCERNING TRADE Erlina B; Dahlan Dahlan
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.v17i1.269

Abstract

This journal discusses the relevance of government regulation number 80 of 2019 regarding e-commerce with law number 7 of 2014 concerning trade. The research method used is a normative and empirical juridical approach, using primary and secondary data obtained from literature studies. The results of the study show that government regulation number 80 of 2019 regarding e-commerce is relevant to law number 7 of 2014 concerning trade. because there are no conflicting norms in it. regulate more specifically regarding parties implementing, requirements, implementation, obligations of business actors, advertisements, offers, receipts, confirmations, contracts, payments, delivery of goods, exchange of goods in trade with electronic systems, protection of personal data
LEGAL POSITION OF BONDING THE BUYING OF LAND PLOT ABOVE MASTER CERTIFICATE OF LAND PROPRIETARY RIGHTS IN KAMPUNG SUKAMANDI WAY GUBAK BANDAR LAMPUNG Rissa Afni Martinouva; Linda Panheti; Rendy Renaldy; Aditia Arief Firmanto
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.v17i1.270

Abstract

Agreement is a legal relationship regarding property. The types of agreements in civil law consist of many types, one of which is a material agreement such as a plot of land. Land plots are not only carried out by developing business entities that have met the requirements, but are also carried out by individuals. Plots of land by individuals are very helpful for the government in terms of accelerating the equitable distribution of residents' needs for housing. There are also land issues that arise because of the land acquisition process by individuals. These problems are usually expressed by buyers who feel aggrieved. Because there is a discrepancy between what was purchased from the plot holder and what he received later.
THE REMIX PHENOMENON AND THE NEED TO REFORM INDONESIAN COPYRIGHT LAW Harsa Wahyu Ramadhan
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.v17i1.271

Abstract

The problem in this research is The rapid development of computer technology in the 20th century has encouraged the emergence of the remix phenomenon in society. Remix can be done through the use of computer technology for works/creations that are rearranged, combined and remixed to produce new works. Remix seems to be a new phenomenon, even though historically this practice is actually not a new thing and the extent to which copyright law reform is needed. Can this Copyright Act synergize with the legal structure and culture of Indonesian society in order to create a legal system that can produce justice, benefit, and legal certainty? How copyright enforcement on computer software can create effective legal protection
IMPLEMENTATION ANALYSIS GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2020 CONCERNING THE ELECTION OF GOVERNOR, MAYOR AND REGENT IN THE CENTRAL PANDEMI CORONAVIRUS DISEASE 2019 Indah Satria; Reno Sunarya Pratama
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.v17i1.272

Abstract

Regional Autonomy contains an element of supervision (toetzicht), then autonomy is not merely the administration of government to achieve efficiency and effectiveness of government. Autonomy is determined on a territorial basis or on a function basis. The essence of autonomy is independence and freedom to regulate and manage the community itself, which is the function of the government as a household affair in the bonds of a unitary state, autonomy always requires the independence and freedom of an independent government unit. The election of regional heads is carried out in a package together with the deputy regional heads. The regional head and deputy regional head in question include the governor and deputy governor for the province; Regents and deputy regents for districts, mayors and deputy mayors for cities. The reality of Indonesian democracy has undergone many changes and transitions after the reformation. It is not an easy thing for the Indonesian people to go through the democratic transition and then show progress. Major and fundamental steps have been taken to make democracy the direction of the country's goals, namely by making amendments.
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.
BASIS OF JUDES AT THE LEVELAGAINST THE PERSONNEL OF THE CRIMINAL ACTION OF RAPE UNDER THE AGE OF CHILDREN CONTINOUSLY Danti Yudistiara; Budi Santoso
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.278

Abstract

There is an appeal filed by the Public Prosecutor against the decision of the Blambangan Umpu District Court Number: 81/Pid.Sus/2021/PN Bbu, Decision regarding the criminal act of rape which was carried out continuously with underage victims. The decision of the Blambangan Umpu District Court was carried out as a continuation of the submission of a letter of cassation from the Way Kanan District Attorney who felt that he did not fulfill the value of justice in passing a decision on the period of detention to investigators . defendant. In this article, what will be discussed is: what are the factors that cause the defendant to commit the crime of rape against a minor and what is the basis for judges' considerations at the appellate level in making decisions on criminal cases against children that are carried out continuously. This research uses a normative and empirical juridical research method, using secondary and primary data, obtained from library research and field studies, and data analysis with qualitative juridical analysis. The results of the study show that thefactors that cause the defendant to commit the crime of rape of a minor which is carried out continuously are environmental factors that provide opportunities to commit crimes. Basic considerations of judges at the appellate level in cases of rape of minors which are carried out continuously by taking into account the guidelines for sentencing regarding the degree of guilt of the accused, the impact of the crime and the value of the sentence. assets obtained by the defendant from the crime and the aggravating and mitigating laws and regulations.

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