Jurnal Hukum Volkgeist http://jurnal-umbuton.ac.id/index.php/Volkgeist <p style="text-align: justify;">Jurnal Hukum Volkgeist has a focus to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. It is an open access and peer-reviewed journal, published by Faculty of Law, Muhammadiyah University of Buton. The journal is a biannual which is published on June and December. Articles submitted might cover topical issues in Constitutional Law, Human Rights, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Adat Law, Criminal Procedural Law, Commercial Law, Administrative Law, Environmental Law and so forth which related to the Science of Law.&nbsp;</p> en-US volkgeistjournal@gmail.com (Safrin Salam) Ldasuherman91@gmail.com (La Ode Achmad Suherman) Sun, 14 Jun 2020 23:06:05 +0800 OJS http://blogs.law.harvard.edu/tech/rss 60 Analysis of the right to reply as case settlement in press release http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/475 <p><em>Freedom of the press is a reflection of a country that adheres to a democratic system. The freedom of the press is based on the 1945 Constitution Article 28. During the reform period through Minister Yunus Yosfiah the legalization of Law No. 40 of 1999 concerning the Press replaces Law No. 21 of 1982 amendment to Law No. 11 of 1966 concerning the Principal Provisions of the Press. The right of reply is a form of press freedom which is the settlement of a case if there is a problem in press reporting. Problem Formulation 1) How is the application of the Right to Answer as a case resolution in press reporting? 2) Why is the Right of Reply as the settlement of the case in press reporting less effective? The research method used is a normative juridical method. The conclusion of this study is that the Right to Answer has been set since Law No. 11 of 1966 concerning the provisions of the Press to Law No. 40 of 1999 concerning the Press, the Right of Reply in more detail is regulated in Press Council Regulation No. 9/regulation-DP/X/2008 concerning Guidelines for the Right to Reply. In reality the Right of Reply is not effective as a settlement of a case in a press release due to lack of regulatory substance in the Right of Reply. Right of reply is only seen as a settlement of cases in the realm of Ethics</em></p> Alfan Pathriansyah Masagala ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/475 Wed, 03 Jun 2020 00:00:00 +0800 The impact of accepting new students with the zoning system on the right to children's education http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/579 <p><em>Education is a human right. Everyone has the right to receive educational rights without restrictions. Everyone has the right to get the education and level of education they will attend. The government has an education equalization plan with the issuance of the Minister of Education and Culture Regulation No. 14 of 2018. The Minister of Education and Culture mentioned above applies a zoning system. The Minister of Education and Culture does not rule out the possibility of impacts for prospective students who wish to continue their education. The problem is how the impact of the PPDB zoning system on education rights in Kajen Subdistrict, Pekalongan Regency. The approach method used is a sociological juridical approach method. PPDB has positive and negative impacts. According to researchers, PPDB is not in accordance with the right to education of children, due to restrictions, the gap in the quality of learning with the same level of difficulty of the National Examination and the same curriculum that applies nationally.</em></p> <p><strong><em>Keywords: </em></strong><em>education rights, children, impact of zoning</em></p> Ganis Vitayanty Noor ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/579 Mon, 01 Jun 2020 00:00:00 +0800 Implementation of the recognition and respect of the Dayak Iban Semunying customary law community in human rights and SDGs http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/427 <p><em>Weak implementation of the recognition and respect for Indigenous Peoples of Iban Semunying be problems related to their discriminatory practices in running a government policy. Why is the implementation of the recognition and respect for the Indigenous People of&nbsp; Dayak Iban Semunying still weak and how the principles of human rights and the Sustainable Development Goals are the two issues raised in this article. In this study it aims to find out what are the things that form the basis of the weak protection of indigenous peoples. The results of this study are expected to provide insight into the protection of the rights of indigenous peoples with a perspective of sustainable development goals.</em></p> Sandy Kurnia Christmas, Ichsan Muhajir, Imam Wicaksono ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/427 Wed, 10 Jun 2020 00:00:00 +0800 The constitutional court function of the Indonesian state concerning system for the implementation impeachment of the president and/or vice president http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/496 <p><em>Impeachment is an accusation or indictment of the President or another country's high officials from his position. Impeachment is not new in the history of Indonesian constitution, but the change in the Constitution has caused a change in the constitutional system as well as related to the mechanism of the dismissal of the President and / or Vice President. how is the Impeachment reviewed globally, the history of impeachment in Indonesia and the implementation of impeachment in other countries, the impeachment process of the president according to the 1945 Constitution of the Republic of Indonesia. The process of impeachment in Indonesia after changing the constitution goes through three stages, namely impeachment in the House of Representatives, the Court The Constitution, and the People's Consultative Assembly.</em></p> <p><strong><em>Keywords: </em></strong><em>Impeachment, Constitutional Court, Government</em></p> H Muhamad Rezky Pahlawan MP ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/496 Mon, 01 Jun 2020 00:00:00 +0800 Students and terrorism: Study of Student Understanding Law No 5 of 2018 on Combatation of Criminal Acts of Terrorism in IAIN Surakarta http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/449 <p><em>This article aims to know in real student's understanding of Law No. 5 of year 2018 on combating criminal acts of terrorism. The data collection techniques used in this study use interviews, observations and documentation. Meanwhile the analysis used in this research is a qualitative descriptive. Simultaneous, planned and integrated aspects of prevention need to forward to minimize the occurrence of criminal acts of terrorism. The optimal prevention is done by involving ministries or related institutions as well as all components of the nation through the efforts of national preparedness, counter radicalisation, and deradicalisation coordinated by the National Management Agency Terrorism. To optimize the eradication of criminal acts of terrorism, it is necessary to strengthen institutional functions, especially the coordination functions held with the National Agency for Terrorism counter following its oversight mechanisms. While it relates to the eradication of criminal acts of terrorism in Indonesia is not merely a matter of law and law enforcement but it is also a social, cultural, economic problem closely related to the issue of national resilience So that policies and precautions and pemberantasannyapun are aimed at maintaining balance in the obligation to protect the sovereignty of the State, the rights of victims and witnesses, and the rights of suspects/defendants.</em></p> Lukman Harahap ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/449 Wed, 10 Jun 2020 00:00:00 +0800 A Reconstruction of the Civil Code Article Based on the Value of Contractual Justice http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/428 <p><em>Justice contracts is essentially the fulfillment of rights and obligations in line with the principle of proportionality by observing the contract process from start to finish. The value of fairness in Contracting is: first, the principle of proportionality, where it governs the exchange of rights and obligations of the parties in accordance with proportion or part thereof; second, the principle of consensualism, in which it governs the agreement of both sides. The agreement is a conformity between the will and the statements made by the parties, so that legally an agreement can be held accountable; and third, the principle of freedom, in which it governs the freedom of a person in making a contract accompanied by good faith. Meanwhile, there are 9 (nine) chapters in the book III Civil Code of the partnership requiring the reconstruction of chapters.</em></p> Dardiri Hasyim ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/428 Wed, 10 Jun 2020 00:00:00 +0800 Problematics of law enforcement of union busting criminal action in gorontalo province http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/669 <p><em>Although freedom of association has been more than a decade old, workers in Indonesia still face enormous challenges in exercising their collective rights. this is inseparable from the problem of law enforcement against anti-union / labor crime. This study aims to explain and analyze how the form of legal protection of trade unions in Law No. 21 of 2000 concerning Trade Unions / Trade Unions and what are the barriers to law enforcement in the imposition of criminal sanctions against union busting perpetrators in Gorontal Province. The method used in this study is a merger between normative research and empirical research methods. The results of this study indicate that the form of protection and law enforcement against violations or criminal acts against the union that occurred especially in the Province of Gorntalo is still very weak, there has been no decisive action from all law enforcement. The workings of the law are inseparable from the law enforcers themselves, law enforcement against criminal acts of the Anti Trade union basically still encounters several obstacles among which are understanding concepts among law enforcers of Law No.21 of 2000 concerning Trade Unions / Labor Unions and lack of coordination among PPNS Employment investigators and Police Investigators.</em></p> Suardi Rais ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/669 Mon, 08 Jun 2020 00:00:00 +0800 The dynamics of government policy in handling Corona Virus Disease 2019 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/585 <p><em>The implementation of PSBB or Lockdown still pay attention to the effects caused in the community. Making a regulation is not providing solutions but how to implement existing regulations. With the restrictions on community activities which basically will affect the financial factors. The government is not only thinking about how the country's economic problems the presence of the government is able to embrace all aspirations and give priority to the rights of its citizens. This research method uses a normative research approach. The data used are secondary data from Literature, Journals, and Others related to the Topic. Data analysis using qualitative analysis. The results of this study conclude that the implementation of policies illustrates how the existence of regulations clearly established by policy makers (government) that have certain impacts by taking into account the details of the program specifications, namely how and where the institution or organization should run the program, and how the law or program is interpreted . The government must think carefully about how resources are allocated, how budgets can be distributed, and who are the personnel responsible and implementing the program that should be clearly stated in a decision to be made by the government in its policies. If a variety of policies carried out by the government must be adjusted to the provisions of existing legislation so as not to cause the blurring of norms.</em></p> Nurwita Ismail ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/585 Sun, 14 Jun 2020 22:46:15 +0800 The nature of corporate crime in law enforcement of the criminal justice system in Indonesia http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/670 <p><em>Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.</em></p> Hadi Supriyanto ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/670 Sun, 14 Jun 2020 22:50:03 +0800 Settlement of criminal matters through Malay customary institutions with the concept of restorative justice in Lipat Kain Kampar Kiri of Kampar regency http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/417 <p><em>Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.</em></p> Elmayanti Elmayanti, Evi Deliana, Nurahim Rasudin ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/417 Sun, 14 Jun 2020 00:00:00 +0800 The effectiveness of legal role of village consultative Agency (BPD) in Village development according to UU.No. 6 year 2014 about village (Kahianga Village study) http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/671 <p><em>The purpose of this research is to know the effectiveness of legal role of the Village consultative Agency (BPD) in the development of the village according to UU.No. 6 year 2014 about village (Kahianga Village study) and to find out the factors that inhibit the role of the Village consultative Agency (BPD) in development in the village Kahianga East Tomia District. The data collection techniques used more on observation, a dandokumentation interview. The conclusion of this research is the effectiveness of legal role of the village consultative body (bpd) Kahianga in the case that legislation does not go as it should, proved in the absence of the rules that are issued, in the meantime in the case of the function budgeting bpd goes well, proved by always involved in the budget discussion meetings that are done with the principle of transparency and supervision function bpd also goes well seen with the active bpd in surveillance of the village's income and expenditure budget and factors that become constraints BPD Kahianga in the development of the village namely the community participation Kahianga Village to the development program is still relatively low, the level of education is relatively low is a BPD inhibitors communicate well and able to analyze the aspirations or what the next community is in coordinate with the village government and the pattern of parallel relations between the BPD and the village head in the village government , it turns out that in the implementation is colored by the practices of working relationships that are less harmonious and leads to the occurrence of conflicts and shows the tendency to dominate the village chief of the BPD.</em></p> Laode Muhammad Karim, Deddy Mursanto ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/671 Sun, 14 Jun 2020 23:03:37 +0800