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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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LEGAL PROTECTION OF VICTIMS – RIGHTS IN SEXUAL ABUSE CASES OF CHILDREN: (CASE STUDY OF DECISION NUMBER 1607/Pid.Sus/2021/PN. Tjg) Wayan Maliastra
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.318

Abstract

This study aims to determine the legal protection of victims' rights in cases of sexual abuse of children. That is special treatment in the form of obtaining legal protection in obtaining better civil rights, political rights, economic rights, social rights and cultural rights. So that when the child becomes an adult, he will understand and understand more about the rights he has. According to Hans Kelsen, legal theory is the science of applicable law and not only of what law should be. The formulation of the problem includes: 1. How is the protection of legal protection for the rights of children who are victims of sexual harassment in laws and regulations? and 2. How is the implementation of legal protection for child victims of sexual harassment in fulfilling the elements of justice? This type of normative research uses a juridical approach, legal principles and comparative law, judging from its nature this research is classified as descriptive research, namely research that describes what is about a situation. The research method used is qualitative with a normative approach. The authors collect data from libraries, documentation, print media and electronic media. From the research results, it can be obtained that legal protection for child victims of sexual harassment is regulated in Law no. 35 of 2014 changes to Law no. 23 of 2002 concerning Child Protection by providing children's rights in terms of access to fulfillment of rights, child victims of sexual abuse get legal protection in terms of providing legal assistance, rehabilitation and prevention, implementation of legal protection for child victims of sexual harassment to obtain their rights and get maximum legal protection and assistance.
LEGIS INDEPENDENCE RATIO OF JUDICIAL POWER IN THE CRIME OF CORRUPTION IN COMPARATIVE INDONESIA WITH HONG KONG Ahmad Fauzi; M. Noor Fajar; Deni Achmad
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.319

Abstract

In a country the distribution of power based on trias politica will place state power in the executive, legislative and judicial branches. With regard to judicial power, the court institution in carrying out its functions is provided by the principle of independence of judicial power, this principle is the main principle for the court in protecting human rights, the rule of law and also justice. The principle of the independence of judicial power in its application, the judge in carrying out his duties must carry out the judicial function in accordance with the oath and the law without any interference from any party (directive). In the Indonesian legal system, judicial power is regulated in the provisions of Article 24 paragraph (2) of the 1945 Constitution which states that judicial power is exercised by a Supreme Court and judicial bodies under it within the general court environment, religious court environment, military court environment, administrative court environment. state and by a Constitutional Court. This research is a legal research with a legal comparison method between the Indonesian legal system and the Hong Kong legal system, where the analysis makes a country's national law more coherent when compared to other countries. The first result: the establishment of a corruption court in Indonesia is in line with the UNCAC convention and also the Declaration of Human Rights, in which the formation of a corruption court in Indonesia uses a court structure and ad hoc judges which have many weaknesses in the aspect of guaranteeing the independence of judicial power for ad hoc judges . Second: the formation of a corruption court in Hong Kong is guaranteed in the constitution with regard to institutions and institutions, the Hong Kong constitution stipulates a prohibition on the establishment of an ad hoc court, therefore the corruption court in Hong Kong is a permanent court structure and not ad hoc in nature. So that the guarantee of the independence of the judiciary against judges is more guaranteed.
THE IMPLEMENTATION OF EXTRA JURISDICTION HIJACKING Muhammad Rafi Darajati
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.320

Abstract

Plane hijacking is a relatively new form of crime; the motives behind the hijacking varied, ranging from economic to political. The international community considers that acts of hijack can threaten international peace and security. This article aims to discuss the efforts of the international community in the fight against this aircraft hijacking crime. The results showed that the international community's efforts were to make various conventions to protect international aviation activities. In the convention, the international community made various efforts to prevent and eradicate aircraft hijacks, such as allowing each country to expand its jurisdiction.
TELOLET HORN SETTINGS BASED ON LEGISLATION IN INDONESIA Yulia Hesti; Suta Ramadan; Aprinisa Aprinisa; Pika Sari
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.321

Abstract

The use of telolet horns is currently increasingly popular in Indonesia. Telolet horn is a type of horn that produces a unique and distinctive sound. The phenomenon of "Om telolet om" or the use of the telolet horn makes many children carry out activities on the road that endanger traffic. Function of the Telolet Horn for Vehicles The horn functions as a means of communication with other road users and can make the surrounding community and road users happy. Setting Telolet Horn Based on Legislation in Indonesia where motorized vehicles operating on the road must have passed the vehicle-worthiness test and meet the technical requirements contained in other laws and regulations, one of which is the sound of a horn. The sound setting for the horn is regulated in Article 69 of Government Regulation Number 55 of 2012 concerning Vehicles, the sound of the horn as referred to in Article 64 paragraph (2) letter f has a minimum of 83 (eighty three) decibels or dB (A) and a maximum of 118 (one hundred eight fifteen) decibels or dB (A). The horn must be used according to its function so as not to harm road users and cause accidents to other motorists. It is hoped that the government will be able to make regulations specifically regarding the implementation of standard horn sounds.
CONSTITUTIONAL COMPLAINTS AS EXTRAORDINARY LEGAL REMEDIES AGAINST VIOLATIONS OF CITIZENS CONSTITUTIONAL RIGHTS Edy Suasono; Priyo Saptomo; Tri Dian Aprilsesa
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.322

Abstract

Indonesia adheres to the doctrine of constitutionalism, thus the assurance of protection for citizens' constitutional rights needs to be implemented. Constitutional violations against citizens' rights currently lack extraordinary legal measures to address them. Therefore, the author analyzes the necessity of extraordinary legal measures (Constitutional Complaint) for ensuring the protection of citizens' constitutional rights. The author employs a normative legal research method with a normative juridical approach, collecting secondary and primary legal sources, including secondary and tertiary sources. The legal materials used consist of books, journals, scholarly works, articles, and relevant legal foundations. In this research, the primary legal foundation emphasized is the 1945 Constitution of the Republic of Indonesia. To analyze this data, a descriptive analysis technique is used by gathering references from various sources, aligning them with the used legal foundation, and then conducting an analysis. The results of this research indicate the necessity of granting Constitutional Complaint authority to the Constitutional Court to provide legal certainty and ensure the protection of the constitutional rights of justice seekers.
LEGAL INNOVATION POLICY FOR FREE TRADE AREA (A STUDY OF FREE TRADE AREA IN CHINA) Isharyanto, Isharyanto
PRANATA HUKUM Vol. 19 No. 2 (2024): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v19i2.374

Abstract

The rise of Free Trade Zones (FTZs) led by China marks a significant trend in the global economy. This study explores the legal validity of novel policies within Chinese FTZs; how legitimate are these policies? It assesses how FTZ policies align with national and global trade regulations by analyzing legislative frameworks, policy documents, and international treaties. Results show that China's legal advancements in FTZs, which feature regulatory streamlining and improved foreign investment practices, generally align with global standards but sometimes conflict with domestic regulations. These advancements are bolstered by targeted economic legislation designed to stimulate growth and test reforms for possible nationwide implementation. Furthermore, the study highlights FTZs as hubs for international trade and arenas for economic experimentation. The conclusion offers policy suggestions to strengthen the legal basis and global alignment of FTZ innovations, ensuring they effectively contribute to economic development.
THE SUSPENSION OF DETENTION TO DEFENDANT IN PADANGSIDIMPUAN DISTRICT COURT Hasibuan, Zulkarnain; Syahril , Syahril
PRANATA HUKUM Vol. 20 No. 1 (2025): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i1.368

Abstract

In the series of criminal justice proceedings, the issue of detention is one of the most essential matters concerning the freedom of human rights, because every detention of a person suspected of being involved in a criminal incident is a temporary restraint on his freedom and ndependence. So that in this study the problems are, first, whether the implementation of the provision of guarantees, whether in the form of people or money, has been carried out in accordance with the provisions of the legislation? Second, what are the judges' considerations in granting detention postponements for defendants within the jurisdiction of the Padangsidimpuan District Court? The methods used are library research and field research. After the data was analyzed using hypothesis testing techniques based on induction and deduction methods. Then it can be concluded that if we look at the developments in the practice of granting bail in the jurisdiction of the Padangsidimpuan District Court as stipulated in Article 31 paragraph (1) of the Criminal Procedure Code, then in determining whether or not the request for bail with a guarantee submitted by the suspect or defendant to the detaining agency can be granted.
INHERITANCE DISTRIBUTION BETWEEN SONS AND DAUGHTERS: A COMPARATIVE STUDY OF INDONESIA AND TUNISIA Mutawalli, Ismail
PRANATA HUKUM Vol. 20 No. 1 (2025): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i1.373

Abstract

The distribution of inheritance between male and female children is a complex issue in Islamic family law, considering the varying interpretations and applications of the law in different countries. In Indonesia, the Compilation of Islamic Law (KHI) serves as a reference for inheritance distribution, which is often considered more conservative and tends to allocate a larger share to male children. Meanwhile, Tunisia is known for its progressive approach through the Code of Personal Status (CPS), which has undergone various reforms to enhance gender equality. This study aims to examine how equal inheritance distribution between male and female children is perceived in Islamic family law, and to compare the Islamic family laws of Indonesia and Tunisia regarding the inheritance shares of males and females. Using a qualitative research design, descriptive analysis techniques, and inductive methods are the primary techniques used to trace data and facts to analyze and find answers to the formulated research questions. The results show that in Islamic family law, the distribution of inheritance between males and females is clearly stipulated in the Qur'an, where males receive twice the share of females (Surah An-Nisa verse 11). This is based on the financial responsibilities of males within the family. Therefore, equal inheritance distribution is not in accordance with Sharia. In Tunisia, the laws that establish equal inheritance distribution between males and females are based on principles of justice and gender equality as part of the modernization of family law. In Indonesia, inheritance law is governed by the Compilation of Islamic Law (KHI), which adheres to Sharia principles, while Tunisia has adopted reforms that reflect gender equality. Despite differences in formal legal approaches, both countries uphold the fundamental values of Islam in the distribution of inheritance.
REVIEW OF ISLAMIC LAW REGARDING ON CONFISCATION OF ASSETS RESULTING FROM CRIMINAL ACTS OF CORRUPTION Amrullah D, M Dani Fariz; Mustika, Dora; Priyanto, Ari
PRANATA HUKUM Vol. 20 No. 1 (2025): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i1.378

Abstract

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The mechanism for enforcing the law on corruption is something that must be considered because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. Corruption crimes when viewed from Islamic criminal law are included in jarimah. Jarimah or Jinayah comes from the word jarama-yajrimu-jarimatan, which means "to do" and "to cut", and is specifically used limited to "sinful acts" or "hated acts". The problem approach in this study uses a normative legal approach and an empirical legal approach.Normative Legal Research is a research method carried out by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature..The mechanism for confiscation of assets resulting from corruption is currently based on Article 18 letter (a) of Law Number 31 of 1999 which was later updated through the provisions of Law Number 20 of 2001 concerning the Eradication of Corruption (UU PTPK). Meanwhile, in the context of efforts to return assets, it can be done through a civil lawsuit mechanism, which is regulated in Article 32 to Article 38 of Law Number 31 of 1999 which was updated through Law Number 20 of 2001 concerning the Eradication of Corruption. It is hoped that in the formulation policy regarding the confiscation of assets resulting from corruption, it will be guided by and refer to the civil forfeiture system used in the United Nations Convention Against Corruption in returning assets resulting from corruption by providing an obligation to reverse the burden of proof to the suspect (defendant). So that the civil lawsuit facility becomes a very effective means in order to return state losses.
LEGAL REVIEW OF THE IMPLEMENTATION OF AGRICULTURAL LAND SHARECROPPING AGREEMENTS IN PIJORKOLING VILLAGE, DOLOK DISTRICT, NORTH PADANG LAWAS REGENCY Oloan, Nur; Pohan, Sarmadan; Rangkuti, Ridwan
PRANATA HUKUM Vol. 20 No. 1 (2025): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i1.379

Abstract

The purpose of this research is to understand the implementation of agricultural profit-sharing conducted by the customary law community in Pijorkoling Village, Dolok District, North Padang Lawas Regency, and to determine the compliance of agricultural land profit-sharing implementation with Law No. 2 of 1960. The research method used is a sociological juridical approach, with descriptive-analytical specifications, and purposive non-random sampling for sample determination. The analysis was conducted qualitatively to address the research problem. The research findings indicate that the implementation of the profit-sharing agreement for agricultural land in Pijorkoling Village, Dolok District, North Padang Lawas Regency does not use the profit-sharing agreement according to Law No. 2 of 1960 concerning profit-sharing agreements for agricultural land. Instead, they conduct profit-sharing agreements based on customary law that has been passed down through generations, which are agreements based on the approval and agreement between the landowner and the prospective cultivator, conducted verbally on the basis of trust. Regarding rights and obligations as well as the balance of profit-sharing, it is also based on the agreement of both parties. The profit-sharing ratio from the research is referred to as "mertelu" or 1:3, one part for the landowner and two parts for the cultivator from the total net harvest. Then, the termination or dissolution of the working relationship between both parties occurs when the agreed-upon period ends at the end of the harvest season, or it can also be the termination of the agreement due to one party breaching the initial agreement.

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