Themes by Jurnal Hukum Volkgeist 2023-01-01T18:31:36+07:00 Safrin Salam Open Journal Systems <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> Legal Effectiveness of Marriage Age Restrictions in Indonesia 2023-01-01T18:31:35+07:00 Prahasti Suyaman Ramdani Wahyu Sururie <p><em>The Marriage Law in Indonesia deals with the base age for marriage in article 7 of Law No. 1 of 1974, for men 19 years and women 16 years, which was overhauled through Law No. 16 of 2019 by raising quite far for women to 19 years, as a work to decrease the speed of youth marriage which is still exceptionally high in Indonesia. The motivation behind this paper is to take a gander at the viability of the marriage age limitation regulation and find the right answer for kid marriage that happens in Indonesia. The outcomes got those the base age limitations for marriage have not been compelling sufficient in diminishing the act of child marriage. The applications for marriage dispensation over the most recent two years in strict courts all through Indonesia that showed a high expansion in applications contrasted with the years prior to the change of article 7 of the marriage regulation. In addition, albeit the marriage regulation exists as a crisis response, there actually should be a base age limit in the application for the marriage agreement, with the goal that the age of the candidate underneath the cutoff can be dismissed.</em></p> 2022-12-31T15:02:53+07:00 ##submission.copyrightStatement## The Power of Detailed Evidence as a Base on Land Rights 2023-01-01T18:31:35+07:00 Ulfa Nisrina Sahib Andi Suryaman Mustari Pide Muhammad Ilham Arisaputra Faharudin Faharudin <p><em>The strength of the proof of detail as the basis for land rights. This study was conducted to analyze the position of the detail as the basis for land rights in proving community ownership of land and to analyze the legal protection of land tenure by the community based on the detail as the basis for their rights. This research uses empirical legal research. The results of the study show that (1) the position of detail as the basis for land rights in proving land ownership by the community, namely before the issuance of the UUPA, detail was proof of ownership of land rights. Along with the enactment of the UUPA and Government Regulation Number 24 of 1997 concerning Land Registration, the Details are no longer as evidence of land rights, but as evidence of a person's control over the controlled land, so that if it is not corroborated with other evidence, the Details cannot be used absolutely as a tool. proof of ownership of land in the trial; and (2) legal protection of land tenure by the community based on details as the basis for their rights, namely that they have not yet fully received legal protection. So that in order to obtain legal certainty and protection.</em></p> 2022-12-31T15:14:58+07:00 ##submission.copyrightStatement## Reformulation of the Recidivist Concept in the Juvenile Criminal Justice System in Indonesia 2023-01-01T18:31:35+07:00 Rafika Nur Handar Subhandi Bakhtiar Prayitno Imam Santosa Nurhayati Mardin <p><em>Protection of children against the law is essentially an effort to protect children's rights. This study aims to provide an overview of the meaning of repeated offenders against children and efforts to realize the protection and fulfillment of children's rights in violation of the law. This research is a normative legal research with a legal and analytical perspective. The results of this study indicate that the concept of children as recidivists in juvenile justice has so far failed to provide a sense of justice for children. The criminal justice system for children is underused to protect the rights and future of children as perpetrators and victims of crime. More and more children intersect with the law and even become repeat offenders. According to the Criminal Code and the Law on the Juvenile Criminal Justice System, legal protection for children is not clearly regulated in repeated cases. According to Article 7 of the Law on the Juvenile Criminal Justice System, children who (repeatedly) commit criminal acts cannot be disturbed. According to Article 488 of the Criminal Code, the perpetrators of the second (repeated) crime are threatened with one third of the sentence.</em></p> 2022-12-31T15:28:10+07:00 ##submission.copyrightStatement## Legal Protection of Tongkonan Traditional Land Management in The Traditional Community of Tana Toraja 2023-01-01T18:31:34+07:00 Bernike Mangi Abrar Saleng Andi Suriyaman Mustari Pide <p><em>Legal Protection of tongkonan Traditional land management in thetraditonal community of Tana Toraja. Guided by Abrar Saleng, and Andi Suriyaman Mustari Pide. This study aims to explain and analyse form of customary land management in Tongkonan on customary community of Tana Toraja and to explain and analyse possible implications occurred if customary land management in customary community of Tana Toraja were not protected. This research was conducted in the Tana Toraja District seeing several gaps that can eliminate MHA culture from various actions of several parties. This study uses empirical studies. Data collection was carried out by interviews and then analyzed qualitatively. Tongkonan customary land is managed together by each Tongkonan under the supervision of Tongkonan Layuk and is guided by Aluk Tallu Lolona which plays an important role in maintaining environmental sustainability with the belief that all parts of the land are ancestral heritage that must be preserved as a form of appreciation. The implication occurs if the land of Tongkonan is not protected by law is the loss of the characteristics of the culture of indigenous peoples because of various actions to control the land. Therefore we need regulations to protect the rights of indigenous peoples over their land.</em></p> 2022-12-31T15:49:37+07:00 ##submission.copyrightStatement## Formulation of Customary Criminal Sanctions From a Human Rights Perspective 2023-01-01T18:31:34+07:00 Erni Dwita Silambi Rosnida Rosnida Enni Eka kusumawati <p><em>The provision of customary criminal sanctions varies according to the customs and norms that apply in an area and this research takes a case study in Merauke Papua. This research focuses on the provision of customary sanctions for perpetrators which will be viewed from the point of view of human rights. This study aims to see and analyze the criminal sanctions given to the perpetrators and whether these sanctions do not conflict with the human rights that apply in Indonesia.</em></p> <p><em> The type of research used in this research is a combination of normative legal research and empirical legal research where normative research will look at legislation related to human rights and also provisions regarding customary sanctions while empirically will look for direct data in the field then data analyzed using qualitative methods will then be presented descriptively. The results of this study are that customary law does not recognize the division between criminal law and civil law but the sanctions given to both criminal cases and civil disputes are the same, namely tubers, coconuts, bananas, wati (a typical Papuan plant), pigs, giving sister and the death penalty, pay with the land that has been determined.</em></p> 2022-12-31T16:03:55+07:00 ##submission.copyrightStatement## Potential Legal Protection for Oil Products Sumbawa NTB in the Context of Geographical Indications 2023-01-01T18:31:33+07:00 Efrilya Rhaswika Hasbir Paserangi Marwah Marwah <p><em>Since the foundation of the Asean Economic Community (AEC), rapid economic competitiveness has made it easier to get company licenses and enhanced worldwide competition. The Indonesian people must increase their inventiveness and preserve the intellectual property rights (IPR) of the goods they produce, lest they be appropriated by other nations. In spite of the fact that the adoption of Geographical Indications (GI) can greatly boost sales value and the number of products marketed, Indonesia still lacks legal rules for GI that could safeguard Indonesian exports worldwide. Sumbawa Oil is one of the finest products that has the potential to become GI. This research is an empirical legal study that evaluates facts congruent with field observations. Researchers will investigate the characteristics of Sumbawa oil products for their potential to be protected by GI, as well as the role of the West Sumbawa Regional Government in promoting the registration as GI in order to improve the economic health of the business community. Consequently, Sumbawa oil consists of two variables: natural factors and human ones. The government has also aided the community in laboratory testing by BPOM so that the test findings meet the requirements for sale and registration as Sumbawa Oil with Geographical Indication.</em></p> 2022-12-31T16:14:45+07:00 ##submission.copyrightStatement## Juridical Review Selling and Purchasing House in The Public Housing Credit (KPR) Process Based on Law No. 1 of 2011 Concerning Housing and Settlement Area (Study at PT. State Savings Bank Baubau Branch) 2023-01-01T18:31:33+07:00 Rizki Mustika Suhartono Ernawati Ernawati <p><em>This research was conducted to find out the juridical review of selling and buying houses in the public housing credit (kpr) process based on law no. 1 of 2011 concerning housing andsettlement area pt. state savings bank baubau branc.This study uses an empirical juridical method. Researchers used instrument observation, interviews and documentation. From the results of the research, the legal consequences of transferring the debtor underhanded in the housing loan agreement (KPR-BTN) and the efforts taken by the bank to overcome it, selling mortgage houses underhanded by debtors who have not paid off their debts, is an unlawful act because The KPR house is a collateral object for the debtor's debt to the Bank, so that the Bank can sue the debtor to provide compensation for cancellation of the sale and purchase of KPR houses by the old debtor which was carried out underhand and immediately pay off all the remaining debt. The sale of KPR houses under the hands of the Debtor does not eliminate the Debtor's obligation to pay off his debts to the Bank. It is suggested that in order to avoid problems that arise in the future, people who want to transfer their debtors to KPR BTN can do so after obtaining approval from the bank as the creditor.</em></p> 2022-12-31T16:23:35+07:00 ##submission.copyrightStatement## Optimizing The Role of Religious Jurisdiction in Preventing Child Marriage in Gorontalo Province 2023-01-01T18:31:32+07:00 Aliyas Aliyas Suardi Rais A. ST. Kumala Ilyas Jupri Jupri Yoslan K Koni <p><em>The prevalence of child marriage under 18 years released by the Central Bureau of Statistics in 2020 places Gorontalo Province in the 6th highest place in Indonesia with a rate of 23.16%. The data is corroborated by the records of the Supreme Court who receive cases of requests for dispensation from marriage which each year has increased. the religious court's allusion to child marriage through a marriage dispensation mechanism. A quo mechanism is regulated in Supreme Court Regulation (PERMA) Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. Various factors behind the request for underage marriage include: because they really want to get married, because they are pregnant out of wedlock and there are applications for girls whose age has not been justified by law. On the basis of these problems, this study aims to provide space for the religious court as the final determinant through legal considerations and its sociological aspects, prioritizing prevention efforts by narrowing the space for applications, examining cases more carefully, and the commitment of the parties to respond to the negative consequences of child marriage. The research method used is the legal behavior approach that occurs in society (socio legal research).</em></p> 2022-12-31T18:17:48+07:00 ##submission.copyrightStatement## Policies for Overcoming The Environmental Damage Due to Forest Conversion in Bima, West Nusa Tenggara 2023-01-01T18:31:32+07:00 Didik Irawansah Absori Absori Wardah Yuspin <p><em>Environmental damage caused by forest conversion in Bima was quite worrying, the impacts were quite diverse. preliminary observations found that Bima Regional Forests were mostly critical because of conversion. On the other hand, there were no visible signs for stopping the natural disasters. Research Objectives: first; to describe an environmental damage of forest conversion; second; to describe policies on overcoming environmental damage and concepts in tackling the sustainable development. Research method were qualitative analysis. The results of this study, environmental damage in Bima were caused by illegal logging, forest encroachment, land conversion by farmers. The factors are due to economic demands, lack of public awareness, lack of socialization from the government, in overcoming prevention and enforcement, in terms of policies carried out by: 1) Mitigation, especially in residential areas, 2) Reforestation; 3) tracing or installation of supporting stones in deforested areas; 4) socialization and guidance, by calling the community to be educated and given knowledge about forest utilization and sustainability, 5) distributing circulars, 6) spraying plants planted on forest land that is functioned.</em></p> 2022-12-31T18:28:14+07:00 ##submission.copyrightStatement## Legality And Legal Certainty Of Ulayat Land For Indigenous Law Communities (Analysis of Decision Number 1430 K/Pdt/2022) 2023-01-01T18:31:31+07:00 Edy Nurcahyo Hudali Mukti Ahmad Rosidi Yogi Yasa Wedha Ayu Putu Laksmi Danyathi <p><em>Land disputes in Indonesia are still very high, including land disputes that occur on ulayat lands. In the settlement of land disputes in court, sometimes indigenous peoples have to lose in defending their rights due to the weakness of the legality factor of land ownership rights on ulayat land. To minimize customary land disputes, regulations are needed that guarantee legal protection and certainty for the customary lands of indigenous peoples.</em> <em>The research method used is normative legal research. In this study using a statutory approach. The analysis used is descriptive qualitative analysis. The ulayat land of the customary law community unit has received recognition regarding its existence as long as the fact is that it still exists. The acknowledgment of this existence has been stated in Article 3 of the Basic Agrarian Law, but in the implementing regulations there is still a legal vacuum that results in weak aspects of protection and legal certainty for the existence of ulayat land. The existence of customary law institutions that do not yet have legality becomes a barrier for customary law community units in defending their rights in ulayat land disputes. The existence of ulayat lands cannot be separated from the recognition of customary law communities who are part of the existence of ulayat lands. Legal certainty in providing protection for ulayat lands of customary law community units is very necessary to maintain the existence of ulayat lands.</em></p> 2022-12-31T18:32:29+07:00 ##submission.copyrightStatement## Preventive Model and Legal Protection of Victims of Sexual Violence Crimes in Higher Education Environment 2023-01-01T18:31:31+07:00 Alif Arhanda Putra Karimah Syafiq <p>Preventive Model and Legal Protection of Victims of Sexual Violence Crimes in Higher Education. This study aimed to: analyze (i) preventive models of sexual violence crimes in higher education environment; and (ii) legal protection of victims of sexual violence crimes in higher education environment. This research uses a normative type of research, namely legal research methods to analyze the rule of law, legal principles, and legal doctrines to answer legal issues that are the subject matter of research. The types of research approaches are the statutory approach (The Statue Approach) and the conceptual approach<em> (Th</em><em>e Conceptual Approach). </em>&nbsp;The technique of collecting materials is the study of documents and the study of literature. Prescriptively analyzed with deductive methods to answer the problems in this study. The results of this study show that: (i) Model prevents criminal acts of sexual violence committed by universities, educators, education staff, and students. Prevention through learning is carried out by leaders or leaders of universities by requiring students, educators, and education staff to study the sexual violence prevention and handling module set by the ministry; (ii) Legal protection for victims of sexual violence crimes in the university environment is the handling of sexual violence crimes carried out through mentoring, protection, imposition of administrative sanctions, and recovery of victims. Assistance carried out in the form of counseling, health services, legal assistance, advocacy, and/or social and spiritual guidance.</p> 2022-12-31T18:36:57+07:00 ##submission.copyrightStatement## Future Implementation of Ius Constituendum and Restorative Justice in the Criminal Justice System 2023-01-01T18:31:30+07:00 Mashendra Mashendra La Gurusi La Ode Muhammad Karim <p><em>The notion of restorative justice is presently implemented in the Indonesian criminal justice system through Law No. 11 of 2012, which oversees the juvenile court system. Future expansion of the application of restorative justice within the criminal justice system is a topic of discussion. As a research methodology, legal norm research is employed. Deductive reasoning is used to reach conclusions. On the basis of research findings, the Government and the DPR are expected to swiftly formulate guidelines for the implementation of the concept of restorative justice issued by the Criminal Justice Subsystem in laws and regulations, both in the form of laws and in the Draft Code of Criminal Procedure (RKUHAP) and the Draft Law – Criminal Law (RKUHP). The implementation or application of the concept of restorative justice in the resolution of criminal cases involving these offenders shall be governed by these rules.</em></p> 2022-12-31T18:43:04+07:00 ##submission.copyrightStatement## Implementation Determination Limit Value Dependent Rights Objects by Sellers in Auctions Execution Dependent Rights 2023-01-01T18:31:30+07:00 Nizla Rohaya Upik Mutiara Ade Novensia Arahman <p><em>This research is motivated by the author submitting an application against a lawsuit related to the determination of the estimated value limit that is not in accordance with applicable regulations, causing losses to the debtor. The purpose of this study is to determine the auction mechanism and the application of determining the value of the mortgage object by the seller. This research is based on the normative legal research method through a legal approach. The results of this study are that the auction mechanism for the execution of mortgage objects through the State Assets and Auction Service Office must comply with the rules in the Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Auction Implementation Guidelines. The implementation of the determination of the boundary of the mortgage object in the field has not been in accordance with the procedure and legal protection for the debtor has not been maximized because it can only be done through a lawsuit in court and the State Assets and Auction Service Office does not have the authority to conduct an auction against the applicable boundary determination. Suggestions for the Government to change the method of setting boundaries, which previously had 2 (two) methods, namely an assessment to avoid losses suffered by debtors and provide more legal benefits for debtors.</em></p> 2022-12-31T18:50:15+07:00 ##submission.copyrightStatement## The Authority of the State Audit Board in Managing State Finances as an Effort to Prevent Corruption 2023-01-01T18:31:29+07:00 Lisa Ade Candra Achmad Ruslan Marten Arie <p><em>This study aims to explain the authority of BPK in examining the management and responsibilities of state finances. To explain the role of BPK in saving state finances and efforts to eradicate corruption. This research uses a normative research type, using a statutory, a conceptual and a historical approach. The types and sources of law used in this study are primary and secondary data. All of the data analyzed qualitatively and presented in descriptive form.The results of the study show, to increase the role of BPK as the front line in eradicating corruption, it is necessary to take several strategic steps. BPK must reposition and strengthen the role of the State Financial Loss Calculation Report (LHP) as the main frame of reference in maximizing state financial recovery (Asset Recovery) due to corruption. will produce maximum results if there is no cooperation with various related parties, in this case Law Enforcement Officials. The KPK in preventing and eradicating corruption as well as PPATK in detecting indications of suspicious financial transactions certainly plays an important role in the legal process for criminal acts of corruption, while the BPK plays a role in increasing transparency and accountability of the public and business sectors.</em></p> 2022-12-31T18:56:06+07:00 ##submission.copyrightStatement## Efforts to Eradicate Alcohol In the City of Gorontalo 2023-01-01T18:31:36+07:00 Saharuddin Saharuddin Ilham Ilham Yeti S Hasan Rusmulyadi Rusmulyadi Albert Pede <p><em>In 2020, as a form of government concern for the high circulation of alcoholic beverages (Miras) in the Serambi Medina area, the Regional People's Representative Council (DPRD) of Gorontalo Province continues to revise the Regional Regulation on Alcoholic Beverages (Perda), which was previously Perda Number 16 of 2015 (concerning the Supervision and Control of Distribution of Alcoholic Drinks). Which is considered not strong enough to stem the circulation of liquor. The results of a 2018 study by the Ministry of Health's Ministry of Health (Kemenkes) research, alcohol consumption in Gorontalo is ranked fourth nationally, only losing to North Sulawesi, East Nusa Tenggara and Bali. The purpose of this study is to see that efforts to eradicate liquor in Gorontalo City are not in accordance with Adat Principles. The novelty of this research helps provide input for local governments to perfect the draft local regulation on controlling liquor in Gorontalo City.</em></p> 2022-12-31T00:00:00+07:00 ##submission.copyrightStatement##