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) Mon, 16 Dec 2019 13:05:25 +0800 OJS 3.1.1.4 http://blogs.law.harvard.edu/tech/rss 60 Analysis of the eradication of terrorism crime by detachment 88 in Indonesia http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/370 <p><em>community anxiety about criminal act of the terrorist. Because of that, The Government makes a Substitution Regulation Act No. 1 of 2002. Afterwards, The Government demands Indonesian Police Chief to make Specific Detachment that called Densus 88, to carry out Regulations Act No. 5 of 2018 on the changes to the Act No. 15 of 2003 about “The Determination of Substitute Government Regulations Act No. 1 of 2002 Concerning The Eradication of Criminal Act Terrorism.”. Problem Formulations 1) How Densus 88 eradicates the criminal act terrorism? 2) How the actions form of Densus 88 in terms of human rights side? In fact, Densus 88 is not in accordance with the applicable regulation, the field fact shows that many terrorist suspect suffered injuries and even died and it also against the human rights. The research method used normative juridical method; law is seen as a binding rule. The conclusion of this research is the action taken isn’t appropriate with the threats faced, it is not accordance with the law principle and law basis that should be. In addition, it carries out human rights violations which are harmful for the suspect and the terrorist defendant, then the lack of State responsibilities for things that happened</em>.</p> Jayadi Paputungan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/370 Wed, 27 Nov 2019 13:38:53 +0800 Access to justice for people with disabilities in employment http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/402 <p><em>Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of normative law research using normative legal case studies in the form of legal behavior products. Persons with disabilities must receive the support needed in the structure of education, health, employment and social services, so that the rights of persons with disabilities are in the perspective of human rights. Normatively, there are actually several legal instruments that have been born to protect the rights of persons with disabilities to work. Law No. 13 of 2003 concerning Employment which forbids discrimination to persons with disabilities The right of persons with disabilities to obtain accessibility contained in Article 18 of Law No.8 / 2016 concerning Persons with Disabilities, namely, obtaining accessibility to utilize public facilities and obtain adequate accommodation as a form of accessibility for individuals.</em><em>&nbsp;</em></p> <p><em>&nbsp;</em></p> Imam Wicaksono ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/402 Thu, 05 Dec 2019 00:00:00 +0800 The role of village community empowerment institution in Galanti village development of Buton district http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/406 <p><em>The village plays an important role in national development not only because most of the people of Indonesia reside in the village, but the village contributes greatly in creating national stability. The purpose of this study was to determine how the role of social institutions and to find out what factors hampered the role of social institutions in developing Galanti Village. The method in this study is juridical empirical, which clearly distinguishes facts from norms, views legal phenomena must be purely empirical, namely social facts, using empirical science methods (qualitative methods or quantitative methods and value-free. The results of the study indicate that the development of villages in Galanti Village can run well according to the Village Medium Term Development Plan. As for the factors that hamper the role of the Galanti Village Community Empowerment Institution is the lack of human resources in developing productive businesses, the lack of knowledge of business groups that have formed in the villages in developing his group's activities and lack of understanding in carrying out their tasks and functions, besides the lack of public knowledge in utilizing various potential local economic development as an alternative effort to increase their income and welfare.</em></p> Indah Kusuma Dewi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/406 Tue, 08 Jan 2019 00:00:00 +0800 Election violation and election law enforcement in general election in Indonesia http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/424 <p><em>General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution".</em><em> T</em><em>he Formulation Document that will be formulated in the research are: (1) </em><em>What is the violation in the general election?</em><em> And (2) What is law enforcement in general election. The method used in this study is normative legal research, n</em><em>ormative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material</em><em>. </em><em>Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations</em><em>. T</em><em>he enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system</em><em>. </em><em>The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.</em></p> Syailendra Anantya Prawira ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/424 Sun, 08 Dec 2019 15:59:22 +0800 Analysis of indigenous community conflicts on illegal mining in Botak mountain of Buru district http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/451 <p><em>The results of the study by the authors of the analysis that there are found 4 factors that influence the occurrence of conflict in the area of Buru Regency mountain gold mining bald. First, there is a struggle for mining land between indigenous peoples. Secondly, indigenous peoples claim land ownership over their customary rights. third, Conflict Policy from the government towards the closure of Mining in the bald mountain area. Of the 3 factors, this is the stage in the problem in the bald mountain until the conflict from the real gold mining is found open until now. The instructions from the Buru Regency Regent followed up by issuing the Regent Instruction Number 1 of 2012 concerning the handling of social disasters as a result of the management of illegal gold mining on Mount Bald in Buru Regency. In this case, in order to follow up on the policy, the two Instructions by the Regional Government agencies along with the Security Apparatus from the TNI and POLRI conducted sweeping in the illegal gold mining area on bald mountain.</em></p> Laode Alimin ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/451 Sun, 08 Dec 2019 00:00:00 +0800 Legal protection against women from domestic violence in the Baubau City http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/372 <p><em>The fenomenon of domestic violence, especially against women, becomes a serious social problem. Law enforcement is required in order to eliminate domestic violence. The purpose of this study is to find out how the form of legal protection against women as victims of violence in households and to know what factors affect the occurrence of violence in the household. This research method using normative law research method. The data used is secondary data from the Baubau city resort police in 2017. Data were analysis using qualitative analysis. The results of the study indicate that the form of legal protection against women as victims of violence in households is the protection of preventive and repressive law. In two forms of legal protection, preventive law protection is more dominant than repressive.</em></p> La Gurusi, Edy Nurcahyo ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/372 Mon, 16 Dec 2019 00:00:00 +0800 Juridistic review of law of community awareness in Ulunggolaka village in land registration http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/495 <p>This study aims to determine and analyze the legal awareness of the Ulunggolaka community in registering land and to find out and analyze the causal factors so that there are still ulunggolaka urban communities who do not register land. The research method used is empirical legal research that examines primary data obtained from observations, questionnaires, and interviews. The results of this study indicate that the legal awareness of Ulunggolaka Village community in conducting land registration is still relatively low by referring to the answers of respondents who have given their answers based on four legal awareness indicators, namely: (1) Legal Knowledge, (2) Understanding of the law, (3) ) Legal attitude and (4) Pattern of legal behavior. The causal factor so that there are still ulunggolaka urban communities who do not register their land is based on the low legal awareness of the community of the importance of securing assets (land) by obtaining guarantees and legal certainty so that ownership is not strongest and cannot be disturbed, and besides that the community is unable to meet the requirements that must be completed in carrying out land registration, especially proof of the origin of the land, plus the expensive costs and administrative arrangements that are difficult for the community.</p> Patmasari Patmasari ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/495 Mon, 16 Dec 2019 00:00:00 +0800 The pre-trial application granted in the case of Budi Gunawan http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/478 <p><em>This study tries to analyze cases that have been experienced by prospective police chief Budi Gunawan (BG) on the application of pre-trial which was considered odd in the event of violations in the verdict given by Sarpin Rizal as chairman of the court. This resulted in the KPK not being able to submit another legal effort to sue again, because the pretrial decision was final and binding on a lawsuit case. The analysis method used in this study is a qualitative research method in which data analysis is carried out in a descriptive manner that refers to a particular problem and is associated with existing legislation, namely: 1) The 1945 Constitution of the Republic of Indonesia; 2) Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP); 3) Law Number 48 of 2009 concerning judicial authority. The collection of legal materials is done by library research. Judge Sarpin Rizaldi's decision reaped many irregularities. The irregularity lies in the decision that does not pay attention to the existence of pretrial as stipulated in the Criminal Procedure Code and legislation relating to corruption.</em></p> Cokky Wijaya Saputra ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/478 Mon, 16 Dec 2019 12:49:53 +0800 State relations, human rights and welfare: criticism of trade standardization goods and services http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/448 <p><em>Trade is the main driver of development carried out to advance the general welfare as the goal of the country. The state as the executor of economic sovereignty is required to regulate the implementation of trade with due regard for human rights, including the right to obtain welfare. Law No. 7 of 2014 concerning Trade in force currently contains immoral material, namely provisions regarding the standardization of goods and services, as well as provisions concerning criminal acts related to the standardization. For this reason, it is necessary for the politics of legal development to amend trade laws by not including norms of standardization obligations, and to eliminate criminal threats for trading activities.</em></p> Suwardi Suwardi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/448 Mon, 16 Dec 2019 12:51:59 +0800 Legal review of procurement authorization of the imported fresh food, fruit and vegetable http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/429 <p><em>Fresh food products imported fruits and vegetables in circulation that do not meet the requirements in accordance with statutory regulations can endanger human safety because food security is not guaranteed. The existence of a marketing authorization and supervision of imported fresh fruit and vegetable food products is needed to maintain food security. The research method used is the normative legal research method that is the legal research method of literature with the method used to examine existing library materials related to the object examined by the regulatory approach (statue approach). The results showed that before the imported fresh fruits &amp; vegetables food products were circulated, they had to go through several quarantine measures or inspections. After passing the test, they would get a distribution permit for fresh food products along with the registration number on the imported fruit &amp; vegetable label. If the distribution permit for fresh food products is ignored by business actors, they will be subject to criminal and administrative sanctions. The purpose of supervision is to provide protection to consumers and prevent the circulation of imported fresh fruit and vegetable food products that can endanger consumers' health.</em></p> <p><em>&nbsp;</em></p> <p><strong><em>Keywords: </em></strong><em>Distribution Permit; Fresh Fruit and Vegetable Products; Consumer Protection</em></p> Yeni Haerani, Edy Nurcahyo, 14753451 ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/429 Mon, 16 Dec 2019 12:57:29 +0800