Articles
268 Documents
<![CDATA[ANALYSIS OF THE FULFILLMENT OF RESTITUTION RIGHTS FOR CHILD VICTIMS OF SEXUAL VIOLENCE CRIME ]]>
<![CDATA[Mohammad Reza Khatami]]>;
<![CDATA[Firganefi Firganefi]]>;
<![CDATA[Malicia Evendia]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.297
<![CDATA[Victims of a crime are often children, especially crimes of sexual violence. Sexual violence against children will have a detrimental effect. Impact on health problems and prolonged trauma problems. Children who are victims of criminal acts of sexual violence can cause physical and psychological injuries that must be healed and cared for. The form of legal protection for children who are victims of criminal acts of sexual violence is to provide the right of restitution as the perpetrator's responsibility to fulfill the rights of children who are victims of criminal acts. Decision of the Tanjung Karang High Court No.133/Pid/2021/PT Tjk, convicting the perpetrators of only half of the demands of the Public Prosecutor. This shows that criminal justice in Indonesia is still only focused on giving law to criminals so that the fulfillment of victims' rights cannot be fulfilled optimally. The results of the research show that there are regulations related to restitution but the regulations doesnt guarantee the rights of children as victims because these regulations are unclear in regulating the mechanism for implementing restitution. So that the obstacle is that law enforcement officers are still focused on the basic punishment rather than the rights of victims.]]>
<![CDATA[EFFECTIVENESS OF CPO OIL EXPORT PROHIBITION POLICY: (CASE STUDY ON COMMUNITIES IN BORDER REGIONS) ]]>
<![CDATA[Oktaviani Yenny]]>;
<![CDATA[Muhammad Rafi Darajati]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.298
<![CDATA[Policy on the Prohibition of the Export of CPO Oil by the Government with the issuance of a moratorium through Minister of Trade Regulation No. 22 of 2022 on April 28, 2022. This moratorium is a form of government protection that prioritizes the interests of the people over the fulfillment of cooking oil needs for domestic purposes. After almost a month of implementing the policy, the government finally reopened the export of CPO and its derivatives starting May 23, 2022. This policy certainly caused problems, especially in the purchase of fresh fruit bunches (FFB) of palm oil. The purpose of this study is to discuss the impact of the policy of banning the export of CPO and its derivative products to oil palm farmers in the Border. The company's unilateral FFB price fixing, the shift of border oil palm farmers selling their FFB and the shifting of CPO demand to competitors from other countries are the inevitable impacts of the CPO export ban. The research method uses descriptive qualitative. Data was collected by observation and in-depth interviews. Withdrawal of informants is done purposely. The data was analyzed using the Miles and Huberman interactive model, which started with data collection, data reduction, data presentation and drawing conclusions. The results show that the impact of the export ban policy is very large on oil palm farmers and requires oil palm farmers to take steps to sell their palm products to Malaysia]]>
<![CDATA[IMPLEMENTATION OF 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 ESTABLISHMENT OF LOCAL LEGAL PRODUCTS ]]>
<![CDATA[Anna Ekawati Adam]]>;
<![CDATA[Lintje Anna Marpaung]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.299
<![CDATA[Based on the provisions of Article 88 paragraph (2) Permendagri 120/2018 jo. Permendagri 80/2015 Raperda after discussion must be facilitated. Facilitation is an act of coaching carried out by the Minister of Home Affairs to the Regional Government. Facilitation is carried out to minimize the cancellation of regional regulations. How is the implementation and the inhibiting factors for the implementation of Article 88 paragraph (2) Permendagri 120/2018 jo. Permendagri 80/2015. Inhibiting factors: lack of socialization related to the mechanism for facilitating draft local regulations, limited number of drafting staff of laws and regulations, discrepancy between the number of regional legal product drafts with the time limit set by law, and the low quality of the proposed draft regional regulations for facilitation. Thus, it is necessary to pay attention to the facilitation mechanism in the formation of legal products and add qualified drafters of statutory regulations.]]>
<![CDATA[STRATEGY FOR SOCIALIZATION OF THE GENERAL ELECTION COMMISSION OF PESAWARAN DISTRICT TO REDUCE THE ABSTENTIONS IN THE 2020 ELECTIONS IN PERSPECTIVE OF FIQH SIYASAH ]]>
<![CDATA[Nur Aini]]>;
<![CDATA[M. Yasir Fauzi]]>;
<![CDATA[Rudi Santoso]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.300
<![CDATA[The holding of Regional Head and Deputy Regional Head Elections, especially in Pesawaran Regency in 2020 in the midst of the Covid-19 pandemic disaster, threatens many people who abstain from voting. The lack of public participation has caused the number of voters that the Pesawaran Regency KPU wants to achieve to be proof that its performance is still lacking, the disappointment of some people towards the leaders, among other things, gave birth to an attitude of abstaining from voting in elections. The implementation of regional elections is of course the full authority of the Pesawaran Regency KPU, in the midst of the Covid-19 pandemic the Pesawaran Regency KPU must think of a strategy so that public participation in exercising their political rights does not have an impact on the number of abstentions. Socialization is important because the legal basis for holding general elections is always changing and developing, which results in changes to the holding of the general election itself. Theoretically, a rule will apply effectively if it is based on three philosophical validity, namely the ideal principle, juridical validity in the sense that the provisions are made by an authorized institution and sociologically enforceable if these rules can be binding and are recognized effectively by the community , this sociological validity certainly has something to do with the quantity of socialization carried out by officials who are authorized to the existing provisions.]]>
<![CDATA[COMPARISON OF GOVERNMENT SYSTEMS BETWEEN MALAYSIAN AND INDONESIAN ]]>
<![CDATA[Dian Herlambang Dian]]>;
<![CDATA[Muhadi Muhadi]]>;
<![CDATA[Iskandar Muda]]>;
<![CDATA[Raesitha Zildjianda]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.301
<![CDATA[In general, the Malaysian legal system is influenced by the British Common Law System legal tradition, while the Indonesian legal system adopts more of the Dutch civil law system tradition. In addition, the Islamic legal system and the customary law system also influence the national laws of each country. The comparative study of the constitutional law systems of Malaysia and Indonesia is a study of constitutional law using normative law research methods with a comparative law approach to examineWhat are the differences in the form of the state between Indonesia and Malaysia and how are the differences in the system of government between Indonesia and Malaysia. Based on the results of research through liberary research it was found that the institutional formats of Malaysia and Indonesia have differences both in terms of the form of the state and the system of government. Malaysia is a country that adheres to a federal type of state which includes a federal state and a state with a democratic monarchy system of government. While the State of Indonesia, in the form of a unitary state which includes central government and autonomous regions with a republican system of government with the principles of constitutional democracy.]]>
<![CDATA[IMPLEMENTATION OF ARTICLE 8 LAMPUNG PROVINCIAL DPRD REGULATION NUMBER 1 OF 2019 REGARDING PROCEDURE FOR DETERMINING THE MAXIMUM NUMBER OF DRAFT REGIONAL REGULATIONS ]]>
<![CDATA[Indah Satria]]>;
<![CDATA[Sunarsih Sunarsih]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i1.302
<![CDATA[Propemperda is a planning instrument for the formation of regional regulations which are arranged in a planned, integrated and systematic manner. Article 8 paragraph (5) Regulation of the DPRD Province of Lampung Province 1/2019, the determination of Propemperda takes into account the realization of Propemperda with local regulations which are stipulated every year with a maximum addition of 25% of the number of regional regulations stipulated in the previous year. In 2020 the Province of Lampung established 5 regional regulations, so the Propemperda for 2021 should have 7 regional regulations but instead stipulated 25 regional regulations. This stipulation has an impact on the quality of regional legal products produced, the existence of regional regulations that have been canceled and the low IDI of the Lampung Provincial Government in the field of law and the formation of regional legal products. Article 8 paragraph (5) DPRD Regulation 1/2019 has been implemented but has not been maximized due to obstacles. The obstacles include not having gone through the Regional Regulation Needs Analysis and the absence of a regional regulation on Procedures for Forming Propemperda. The implication of the ranperda which exceeds the stipulated amount is the low IDI value for Lampung Province.]]>
<![CDATA[LEGAL CONSEQUENCES OF IMPLEMENTATION BUSINESS PARTNER AGREEMENTS USING THE CONCEPT OF FRENCHISE DRINK JERUKI ]]>
<![CDATA[Sunaryo Sunaryo]]>;
<![CDATA[Rissa Afni Martinouva Rissa]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i2.306
<![CDATA[Franchising is a special right that is owned by an individual or business entity against a business system with business characteristics. This concept has proven successful and can be used by other parties based on a franchise agreement. The Jeruki beverage business cooperation has criteria and business characteristics that have similarities with the franchise agreement, system, concept and model. This citrus drink business which has a concept like a franchise already has 15 (fifteen business partners). The implementation of a franchise business is guided by a franchise agreement that must be made in writing between the franchisor and the franchisee. The Jeruki beverage company has a big chance to get a place as a franchise. This invites an analysis of whether the constraints of the citrus drink business have not been realized as a franchise and what are the legal consequences. The cooperation agreement is in the form of a franchise, however, to be said to be a business with a franchise concept, it must comply with the franchise agreement clause in accordance with the Regulation of the Minister of Trade Number 12 of 2006 concerning Provisions and Procedures for Issuing a Franchise Business Certificate and Regulation of the Minister of Trade Number 71 of 2019 concerning the Implementation of a Franchise . Unregistered trademarks and a lack of understanding of the concept of franchising cause huge losses to the initial owners of the business. The act of imitating the business concept of drinking oranges by other parties is very difficult to stop because the brand has not been registered.]]>
<![CDATA[DEVELOPMENT OF A PANCASILA-BASED COMMUNAL IPR LEGAL SYSTEM IN THE GLOBALIZATION ERA ]]>
<![CDATA[Dina Haryati Sukardi Dina]]>;
<![CDATA[Rohaini Rohaini]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i2.307
<![CDATA[Traditional knowledge is an embodiment of a tradition in each country, traditional knowledge in Indonesia must be in accordance with and in line with the values contained in the ideology of Pancasila as the basis for living as a nation state in Indonesian society, the problem in this paper is how the values of Pancasila are contained in the study of knowledge traditional. Pancasila as the basis of the state implies that Pancasila is used as the basis for administering the state. Pancasila as the basis of the state means that the entire implementation and administration of government must reflect the values of Pancasila and must not conflict. The values in a traditional knowledge are actually in harmony with the values contained in Pancasila.]]>
<![CDATA[THE VIEW OF CONSTITUTIONAL LAW ON THE RETROACTIVE EFFECT OF MATERIAL CONTENTS OF LAWS AND REGULATION IN INDONESIA ]]>
<![CDATA[Randy Agus Setiawan]]>;
<![CDATA[Yhannu Setyawan]]>;
<![CDATA[Malicia Evendia]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i2.309
<![CDATA[Retroactive regulation of the contents of laws and regulations in Indonesia based on the provisions of the non-retroactive principle and the principle of legality is not allowed as an embodiment of the protection of human rights which are non-derogable rights. This arrangement is confirmed in Article 28I paragraph (1) of the 1945 Constitution and Article 1 paragraph (1) of the Criminal Code (KUHP). However, the fact is that there are still laws and regulations that are retroactively enforced and are still in effect today. The purpose of this research is to analyze retroactive provisions whether they may apply according to Constitutional Law. This research is a normative legal research by conducting a review of retroactively enforced laws and regulations using a statutory, case and conceptual approach. The results of the study concluded that retroactive validity is constitutionally not in line with the 1945 Constitution but may be enforced on the basis of its validity, namely the provisions of Article 28J paragraph (2) and Law Number 1 of 2023 concerning the Criminal Code which transforms absolute provisions (non derogable rights) is relative.]]>
<![CDATA[THE URGENCY OF APPLICATION OF THE ROCCIPI METHOD IN FORMING VILLAGE REGULATIONS REGARDING THE PROTECTION AND MANAGEMENT OF PEAT AND MANGROVE ECOSYSTEMS IN KUBU RAYA REGANCY ]]>
<![CDATA[Hamdani Hamdani]]>;
<![CDATA[Muhammad Syafei]]>;
<![CDATA[Haryadi Haryadi]]>;
<![CDATA[Oktaviani Yenny]]>;
<![CDATA[Chatrine Sabendi Putri]]>
<![CDATA[ PRANATA HUKUM Vol. 18 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36448/pranatahukum.v18i2.317
<![CDATA[Issues regarding Peat and Mangrove Ecosystem Management Arrangements are often discussed and become a problem in a region. There are many questions that arise, especially how to provide protection and management of peat and mangrove ecosystems and what are the wishes of the community, especially the village community, in formulating regulations regarding peat and mangroves. In fact, special methods are needed in regulating and formulating peat and mangrove regulations. For this reason, the ROCCIPI method is an alternative to making village regulations governing the Protection and Management of Peat and Mangrove Ecosystems. This study aims to discuss the urgency of implementing the ROCCIPI Method in Forming Village Regulations Concerning the Protection and Handling of Peat and Mangrove Ecosystems in Kubu Raya Regency. The research method uses descriptive qualitative. Data collection was carried out by observation and in-depth interviews. The withdrawal of informants was done on purpose. Data analysis used Miles and Huberman's interactive model which began with data collection, data reduction, data presentation and drawing conclusions. The results of the study show that the ROCCIPI method is very relevant to be used/applied in the preparation of Village Regulations concerning the Protection and Management of Peat and Mangrove Ecosystems in Kubu Raya Regency.]]>
