Jurnal Hukum Volkgeist

Formal Procedure Versus Victim's Interest: Antinomy of Handling Sexual Violence Cases In East Luwu

2022-06-30T14:35:41+07:00

Complexity and challenges in uncovering crimes by the police have brought the law enforcement process to purely formal matters. Since the Indonesian police agency separated from the armed forces, their formal and professional attitude has faced many realities on the ground: choosing formal precedence (legal procedures) and ignoring the interests of victims. Legal procedures are more focused on formal justice in accordance with existing, written rules of the game and cannot provide freedom of action. The police are only the spokesperson for written laws and regulations. The idea of being part of people's lives is collided with formal procedures. This condition requires the police to ignore substantial justice, whose importance is more important than mere procedural matters. Law enforcement that is only based on procedures without being balanced with efforts to achieve the goals of law enforcement actually has the potential to damage the order of human rights values. The type of research used is normative legal research using a legal approach, a historical approach, and a philosophical approach. Law enforcement by the police which tends to discriminate against the rights of victims has an impact on the low level of public trust in the police institution which ultimately makes many victims reluctant to report to the police.

Position of ICMW in ASEAN and A Glimpse Into The Philippine Practise on Migration

2022-06-30T14:35:41+07:00

In ASEAN, Philippines was among the first to ratify the International Convention on the Protection of the Rights of All Migrant Workers(ICMW) and have the best practice thus far. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist ASEAN in ensuring a holistic and sustainable migration management that considers the needs of a whole approach and support from all parties involved, including but not limited to the government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the position of ASEAN's migration policies and practice, Part III will discuss on the Philippines practices on ICMW and Migration management, and Part IV will provide recommendations.

Public Communication of COVID-19 Prevention in Vulnerable and Marginal Groups Towards Strong and Prosperous Family Resilience in Sidoarjo

2022-06-30T14:35:40+07:00

The title of this research is "COVID-19 Prevention Public Communication in Vulnerable and Marginal Groups Towards Resilience of Strong and Prosperous Families in Siodarjo" to answer questions related to the urgency of public communication, public communication patterns, public communication strategies, public communication approaches, the influence of family resilience, and how are the efforts of the marginalized to prevent the spread of the COVID-19 virus. The method in this study uses socio-legal research, which is a study of the law using a legal and social science approach. Then the data is analyzed qualitatively to obtain a complete picture of understanding regarding the study of public communication to prevent COVID-19 in vulnerable and marginal groups towards the resilience of a solid and prosperous family (analysis of the perspective of human rights in Sidoarjo). The results obtained from this study indicate that Sidoarjo has utilized and optimized the role of this technology. One way to achieve success in public communication activities is an effective and collaborative communication strategy implemented in Sidoarjo. In addition, efforts to increase family resilience are also optimizing to overcome the spread of the COVID-19 virus, which is becoming an epidemic throughout the region.

Local Government Policies in Determination Development Impact Area Spatial Plan New Country Capital

2022-06-30T14:35:40+07:00

The state capital will be moved from Jakarta to East Kalimantan. The buffer zone for the new State Capital must prepare early for the presence of the State Capital. There will be a new development, population migration, job competition, transport overcrowding, and air pollution. Therefore, it is necessary to know the legal policies issued by the buffer zone of the new State Capital in determining the Regional Spatial Plan (RTRW) and the factors that influence it. Normative legal research method by using a positive legal system to get a juridical answer. As a result, the buffer zone of the state capital has not issued a legal policy on the RTRW in dealing with the new state capital. There are other policies issued, for example, the North Penajam Paser Regency issued regent regulation number 22 of 2019 concerning Supervision and Control of Land Sale/purchase Transactions/Transfer of Land Rights. The issuance of the RTRW legal policy can become the legality of development carried out by local governments and the prevention of legal actions, both violations, and crimes.

Ius Constituentum Election Courts in Indonesia Ahead of National Simultaneous Elections

2022-06-30T14:35:39+07:00

Prior to the Implementation of National Simultaneous Elections in Indonesia, Ius Constituents of the Election Court. The purpose of this research is to examine the Election Court's Ius Constituendum in Indonesia, precisely how this Special Court is based on the PTUN environment and is placed in each province capital. This study employs normative juridical research, which is concerned with applying rules or norms in positive law. With a legal perspective (statute perspective), a conceptual perspective (conceptual perspective), and a case perspective (case approach). The results of this study show that the institution of a special election court/election in line with the democratic rule of law principles is necessary, as indicated by the following options: Establishment of a special election court/election inside the Administrative Court, to be known as the Election Court. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, and analyze and adjudicate Election Administration/Election Disputes. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, as well as to analyze and adjudicate Election Administration/Election Disputes. The Administrative Court houses this Special Court, which is located in each province's capital. This Court has the jurisdiction to hear and determine Election Results Disputes, Election/Pilkada Crimes, as well as to analyze and adjudicate Election Administration/Election Disputes.

Effectiveness of Customary Law Hita La Uwa Uwato as A Form of Settlement of Pidana Theft in The Country of Iha Seram District of West

2022-06-30T14:35:38+07:00

This paper explains about how the process of solving the crime of theft using the customary law of Hita La Uwa Uwato (Whip Law) of Iha State of Western Seram Regency, research methods is empirical research by a sociological juridical research approach, data collection instruments are carried out by interviews of predetermined respondents, review of legal documents and observations. The collected data is then analyzed qualitatively. This research shows that, the completion of the Crime of Theft by using customary law in the State of Iha District of Western Seram Maluku Province is very effective where the process is whipped using rattan in addition there are also additional sanctions given, namely indemnifying, as well as apologizing to the community, and the factors that affect its effectiveness are, the Legal factor, Law Enforcement, and Cultural and Community factors.

Legal Review Concerning Amputed Authority of DPR and DPD in The Process of Regional Propagation in Indonesia

2022-06-30T19:16:16+07:00

Article 38 Paragraph (1) of Law No. 23 of 2014 concerning Local Government as amended by Law No. 9 of 2015 concerning the second Amendment to Law No. 23 of 2014 concerning Local Government is contrary to Article 20A Paragraph (1), Article 21 and Article 22D paragraph (1) of the 1945 Constitution. Where the proposal for regional expansion proposed by Governor is takeover of authority. In the 1945 Constitution has been regulated in a limitative manner the authority given to the DPR and DPD institutionally the power to form the law and give authority to the President to submit a draft law. Author examines legal analysis of the authority of the DPR and DPD in the process of regional expansion. Type of research is normative research and qualitative descriptive form. The authority of the DPR and DPD in the process of regional expansion as regulated has been constitutionally harmed, namely the right to submit a draft law related to regional expansion and participate together to discuss the draft law which results in the process of regional expansion cannot be submitted by the DPR and DPD which has a legislative function.

Improving the Competence of State Civil Apparatus in the Vuca Era

2022-06-30T14:35:37+07:00

Indonesia is facing the Industrial Revolution 4.0 which affects aspects of human life. This era is often characterized by the condition of VUCA, which stands for Volatility (turbulence), Uncertainty (uncertainty), Complexity (complex), and Ambiguity (unclear). The importance of increasing competence in the State Civil Apparatus (ASN) and the impact of the VUCA era will also be increasingly felt. with the aim that ASN with qualified leadership qualities. This research is intended to provide management recommendations to improve the professionalism of ASN. This type of research is qualitative (doctrinal). Qualitative normative research is intended to formulate the basic problems being faced by using a measurable analytical knife. The results of this paper are recommendations for succession management which are suggested to be implemented in government agencies as well as the work culture of ASN in the future by obtaining appropriate cadres of leaders in facing the challenges of changing eras.

Effect of Social Media Networking Sites on University Students

2022-06-30T14:35:34+07:00

Social media sites play a significant role in the present generation especially among university students. The research assess the effect of networking site on Students’ Academic Performance and examine the effect of social networking site on Students’ extra curriculum activities. Data were analyzed using descriptive statistics and multiple regression analysis. The study found that there is positive relationship between social networking site and students’ academic performance, the analysis also revealed that there is significant relationship between social networking site and students’ extra curriculum activities. The study therefore recommends that Social media sites are a strong tool that can support excellent academic performance to university students. Students should therefore be allowed to have a choice of social media site they are willing to use especially when using it for learning.

The Role of the Saber Extortion Task Force (Sweeping Illegal Charges Task Force) In The Eradication of Criminal Acts of Corruption

2022-06-30T14:35:36+07:00

Indonesia is still classified as a country that is in a position of corruption based on the results of the release of Transparency International Indonesia. Even in cases of criminal acts of corruption have reached remote areas. To suppress this rate, the central government to the regions then formed a Task Force for Sweeping Illegal Charges (Satgas Saber Extortion). Has a role to take action against and prevent the occurrence of criminal acts of corruption in the community. This study aims to determine the role of Saber Pungli in eradicating corruption. The research method used is normative-empirical legal research. The results of the study show that Saber Pungli is not yet optimal in carrying out corruption eradication work in the regions.

Nominee Arrangement Practices Performed by The Government of The Republic of Indonesia

2022-06-30T14:35:36+07:00

This study aims to analyze the synchronization of the Law on the Prohibition of Nominee Practices and Nominee Arrangements carried out by the Government of the Republic of Indonesia. This type of research is a normative juridical research by examining and synchronizing data sourced from legal principles and regulations as well as court decisions. The method of data collection is done by studying literature such as regulations, books, documents or other writings that support this research. The collected data was then analyzed qualitatively and comprehensively using data analysis methods. Based on the results of this study, it can be concluded that the application of the law to the parties who practice nominee has not been implemented optimally and thoroughly. As a form of Government attention to investment activities, the Government of the Republic of Indonesia has been explicitly regulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and Law Number 25 of 2007 concerning Investment (UUPM) regarding the prohibition of nominee practices in any form. And the legal consequences of the nominee's practice are null and void. However, in its implementation.

Responsibility of The Parties in Electronic Transactions

2022-06-30T14:35:35+07:00

Electronic transactions are legal relationships between two or more parties that give rise to rights and obligations or responsibilities. The purpose of this study is to find out how the responsibilities of the parties in electronic transactions are, using normative juridical research methods, namely discussing theories and laws and regulations related to the responsibilities of the parties in electronic transactions. The results of the study show that the responsibility of the parties in electronic transactions is not only when an error occurs that causes harm to the other party, but that responsibility exists even before the agreement is signed. Before the agreement is agreed, each party is responsible for providing correct information to the other party, especially related to the products offered. The responsibility after the agreement is to fulfill all agreed clauses. Disputes arising from an electronic transaction can be resolved in two ways, namely litigation through the courts, and settlement through alternative dispute resolution.

The Nature of Binci-Binciki Kuli (Norma) of The Government of The Sultanate of Buton

2022-06-30T14:35:35+07:00

This research was conducted to determine the nature of Binci-binciki kuli (norms) in the Government of the Sultanate of Buton, this study used normative research that used library data or primary legal materials and secondary legal materials as well as tertiary legal materials. The results of this study indicate that the essence of Binci-binciki kuli (norms) of the government of the Sultanate of Buton contained in the Binci-binciki Kuli philosophy (pinch each other will feel pain) is formally listed in the Seven Dignity Constitution. It is recommended to preserve the value of the government of the Sultanate of Buton which are contained in the Binci-binciki Kuli philosophy (pinch each other will feel pain), which contains the principles of equality, equality and justice.

The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse

2022-07-02T17:42:58+07:00

This paper discussed the ideal method for resolving cases of drug abuse by the National Narcotics Agency of Kupang City, East Nusa Tenggara, Indonesia. This study used a sociological juridical approach that is based on the provisions of laws and regulations related to legal theories. It sees the reality that occurs in society, namely the method to resolve the drug abuse issues. The results of the research showed that in handling cases of drug abuse, the National Narcotics Agency of Kupang City carried out the processes of investigation, the transfer of the case to the public prosecutor, and its transfer to the district court. Drug abusers who were red-handedly caught may obtain medical and social rehabilitation based on the judicial decision. It is concluded that the National Narcotics Agency of Kupang City has undergone ideal methods in handling cases of drug abuse.