Jurnal Hukum Volkgeist https://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> Lembaga Penelitian dan Pengabdian Masyarakat en-US Jurnal Hukum Volkgeist 2528-360X <div class="page">An author who publishes in&nbsp;<strong>&nbsp;Jurnal Hukum Volkgeist</strong>&nbsp;agrees to the following terms:</div> <div class="page"> <ul> <li>Author retains the copyright and grants Jurnal Hukum Volkgeist the right of first publication of the work simultaneously licensed under the Creative Commons Attribution-ShareAlike 4.0 License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal</li> <li>The author is able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book) with the acknowledgment of its initial publication in this journal.</li> <li>The author is permitted and encouraged to post his/her work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of the published work (See&nbsp;<a href="http://opcit.eprints.org/oacitation-biblio.html">The Effect of Open Access</a>).</li> </ul> Read more about the Creative Commons&nbsp;Attribution-ShareAlike 4.0 Licence here:&nbsp;<a href="https://creativecommons.org/licenses/by-sa/4.0/">https://creativecommons.org/licenses/by-sa/4.0/</a>.</div> Legal Arrangement Concerning Regional Unit Price Standards Its Impact to Financial and Administrative Rights of Regional People's Representative Council https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2982 <p><em>Constitution in the government system of the Republic of Indonesia adheres the concept of trias politica, which is a concept stating that power is not transferred to the same person/institution, to prevent abuse of power and to guarantee human rights of citizens. The concept of trias politica is applied in the form of three institutions, namely executive, legislative and judicial institutions. These three institutions have different duties, rights, obligations, and responsibilities according to their authority.&nbsp; It turns out, however that the aim of preventing abuse of power by means of power distribution is not running well and there has been an overlap of authority among the institutions. This research is the author's study of the Legal Arrangements concerning Regional Unit Price Standards upon the issuance of Presidential Regulation Number. 33 of 2020 concerning Regional Unit Price Standards, its impact to </em><em>Financial and Administrative Rights of the chairman and members of the Regional People's Representative Council. </em><em>It is a normative legal research applying statutory approach, conceptual and comparative approaches. It was concluded that </em><em>the placement of legislature as a quasi-executive results in the legislature shall comply with every regulation issued by the executive, this causes in an overlap of authority between the executive and the legislative institutions</em></p> Yogi Yasa Wedha Edy Nurcahyo Hudali Mukti Copyright (c) 2023 Yogi Yasa Wedha, Edy Nurcahyo, Hudali Mukti 2023-06-30 2023-06-30 7 2 1 8 10.35326/volkgeist.v7i2.2982 Transformation Of Bhinci-Bhinciki Values In The Establishment Of Regional Regulations https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3242 <p>Transformasi dalam pembentukan peraturan daerah dimaksudkan guna merefleksi nilai-nilai <em>bhinci-bhinciki kuli</em> (cubit kulit) ke dalam dunia nyata. Jenis metode penelitian yang digunakan adalah penelitian hukum normatif. Sumber bahan hukum yang digunakan berupa bahan hukum primer dan sekunder. Tata hukum modern mengungkapkan pandangan hidup, rasa keadilan dan nilai-nilai kultur lainnya juga bersifat i<em>nstrumental</em> merupakan sarana mencapai tujuan, agar hukum daerah dapat berkembang dan dapat berhubungan dengan daerah lain, maka perlu dipelihara dan dikembangkan asas hukum yang sifatnya menyeluruh dan diterima</p> Wa Ode Zamrud Faharudin Faharudin Copyright (c) 2023 Wa Ode Zamrud, Faharudin Faharudin 2023-06-30 2023-06-30 7 2 9 14 10.35326/volkgeist.v7i2.3242 Judge Considerations In Divorce Divorce Decision Settlement (Study Of Religion Court Baubau Decision Number 0298/PDT/2019/PA.BB) https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3338 <p>This study aims to determine: to know and examine how judges consider in the settlement of divorce divorce cases. The research method used in Ziniz's research is Empirical Normative Law research. Legal research is a research method that seeks to find the law in the law that is actually or should be, examines how the law works in society, then uses research methods, the quality of the method. The collection of data and information was carried out at the Bau-Bau Religious Court. The second stage used in this research consists of: Primary, secondary and tesier legal instruments. Depending on the nature of the research and the research material, all available information will be carefully analyzed, with the help of which the collected data are sorted according to their categories and explained in the search for answers to research questions. By using the reduction method, conclusions are drawn from the prepared data and research results.The judge's consideration in deciding the decision on parental responsibility is very appropriate by considering the income of the parents based on the evidence brought before the trial.</p> Rizki Mustika Suhartono Mashendra Mashendra La Ode Muh. Karim Sariati Sariati Hayatul Jannah Ar-Rayyan Copyright (c) 2023 Rizki Mustika Suhartono; Ernawati Ernawati, Sariati Sariati, Hayatul Jannah Ar-Rayyan Hayatul Jannah Ar-Rayyan 2023-06-30 2023-06-30 7 2 15 22 10.35326/volkgeist.v7i2.3338 Informed Consent as an Instrument of Legal Protection for Dentists https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3349 <p class="Abstract" style="margin: 0in; margin-bottom: .0001pt; layout-grid-mode: char;"><em><span lang="EN-GB" style="font-family: 'Arial Narrow',sans-serif;">Informed Consent is patient consent based on an explanation by a doctor at the hospital and is used in law and medicine to protect the public as a patient who receives health services based on information provided by the hospital through a dentist. Informed consent is mandated by law to protect patients and medical professionals, especially dentists. It offers patients the comfort they need to make their own decisions. For dentists, it aims to provide legal protection against the risk of imposition associated with deficiencies in medical action. This was normative research, which examines the law along with literature studies. It aimed to find out how to apply informed consent and to find out the legal protection related to informed consent for medical staff. In the Ministry of Health's Decision No. 290 of 2008 concerning the Legalization of Medical Actions, a doctor's complete explanation for the patient must include the diagnosis and implementation of the medical action, alternative actions and risks, possible complications, prognosis for the procedure, and financing. Patients can make an informed decision after receiving a thorough explanation as they have the freedom to refuse the recommended treatment and seek a second opinion. Legal protection for medical staff in Article 50 of Law No. 29/2004 Medical Practice and Article 57 of Law No.36/2014 regarding Health Workers. </span></em></p> Arief Budiono Ichsan Khalid Sapnosa Abdullah al Mamun Copyright (c) 2023 Arief Budiono, Ichsan Khalid Sapnosa, Abdullah al Mamun 2023-06-30 2023-06-30 7 2 23 29 10.35326/volkgeist.v7i2.3349 Election Supervision: Identity Politics In Election Dynamics In Baubau City https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3371 <p><em>Democracy is perhaps the most commonly heard term in many parts of the world. Especially in countries where the people yearn for a government that reflects the will of the people. Democratic elections must be kept away from forms of identity politics that can undermine the value of democracy. Misused identity politics can be destructive, with this instrument is not fulfilled, it will interfere with the legitimacy of the election results. This research uses descriptive qualitative normative legal research with library data collection techniques. The author's data analysis technique in this research uses logical and systematic analysis. The organization of elections in Indonesia, especially regional elections, must be treated appropriately. In Baubau City, the possibility of identity politics will continue to grow. Given the difficulty of exploiting identity politics in the campaign slogans of election participants, the Election Supervisory Body (Bawaslu) must also be pro-active in coordinating with the General Election Commission (KPU), especially related to unifying understanding of the dangers of identity politics, election organizers in Indonesia, must formulate firmer regulatory measures to control excessive negative impacts. At least strengthen restrictions that discuss the substance of campaign material and what can and cannot be strictly regulated</em></p> Eko Satria L.M. Ricard Zeldi Putra Samsul Samsul Yayan Serah Copyright (c) 2023 Eko Satria, L.M. Ricard Zeldi Putra, Samsul Samsul, Yayan Serah 2023-06-30 2023-06-30 7 2 30 35 10.35326/volkgeist.v7i2.3371 Authority of the Election Organizer Ethics Council (DKPP) of the Republic of Indonesia in Canceling the General Election Commission (KPU) Decree Number: 161-PKE-DKPP/XI/2020 https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3073 <p><em>This study aims to determine the legal and financial basis of the Honorary Board of Election Organizers (DKPP) of the Republic of Indonesia in canceling the General Election Commission (KPU) Decree. The type of research used by the author is normative law research using normative case studies in the form of legal behavior products. The results of the study show that the position of the Honorary Council of General Election Organizers (DKPP) of the Republic of Indonesia is in the completion of the General Election. The Duties, Authorities and Obligations of the DKPP are regulated in Article 159 paragraph (1), paragraph (2), and paragraph (3) of Law Number 7 of 2017 which states that the DKPP has the authority to summon Election Organizers who are suspected of violating the code of ethics to provide an explanation and defense.</em></p> Abdullah Adam Nam Rumkel Abdul Aziz Hakim Copyright (c) 2023 Abdullah Adam, Nam Rumkel, Abdul Aziz Hakim 2023-06-30 2023-06-30 7 2 36 43 10.35326/volkgeist.v7i2.3073 Analysis of Constitutional Court Decision No. 30/Puu-Xvi/2018 and Supreme Court Decision No. 65p/Hum/2018 Concerning the Prohibition of Concurrent Positions for Regional Representative Council Candidates (DPD) https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3100 <p><em>This study aims to examine the differences between the Constitutional Court's decision and the Supreme Court's decision regarding the prohibition of concurrent positions as candidates for members of DPD, as well as the legal ramifications of these differences. This research employs the normative legal research approach, which refers to legal research that refers to written regulations or other legal materials. Disparity between the Constitutional Court Decision and the Supreme Court is the different time for enforcing the ban on candidates for DPD members from political party officials, according to the findings of this study. The Constitutional Court stated that it has been in effect since the 2019 election, however the Supreme Court stated since after the 2019 election. This disparity or difference may be caused by several factors, including: the Constitutional Court's and the Supreme Court's different authorities when examining a statutory regulation; the Constitutional Court's and the Supreme Court's use of different touchstones when examining a statutory regulation; and the judges of the Constitutional Court and the Supreme Court's differing perspectives when analyzing cases. The absence of legal certainty and the violation of citizens' constitutional rights are the legal consequences of the gap between the two judgements.</em></p> Riswan Rais Syarif Sultan Alwan Rudhi Achsoni Copyright (c) 2023 Riswan Rais Syarif, Sultan Alwan, Rudhi Achsoni 2023-06-30 2023-06-30 7 2 44 50 10.35326/volkgeist.v7i2.3100 Enforcement Of Criminal Law Against Abuse Of Immigration Permit According To Republic Of Indonesia Law No. 6 Of 2011 Concerning Immigration https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3378 <p><em>The scope of the visa-free facility is too broad which includes tourism, socio-cultural, and business activities, which was originally intended to strictly regulate visa-free facilities, but after the provision of visa-free facilities in the BVKS which has a wider scope, violations of the visa-free facility are still found. that. So that the aims and objectives of Free Social Visit Visa (BVKS) as a substitute for Free Tourist Visa (BVW), were not achieved, instead they were used by foreigners as a way for illegal immigrants to enter Indonesia. However, the General Explanation of Law No. 6 of 2011 concerning immigration emphasizes that for foreigners, services and supervision in the field of immigration are carried out with a "selective" principle (selective policy). Based on this principle, only foreigners who are allowed to enter Indonesia are foreigners who provide benefits for the welfare of the people, nation, and state of the Republic of Indonesia and do not endanger security and order, nor are they hostile towards the people or towards the Indonesian state based on Pancasila and the Law. -The 1945 Constitution. In terms of handling this, it is closely related to matters of supervision, both tourists entering or leaving the territory of the Republic of Indonesia, and carrying out activities in the territory of the Republic of Indonesia. Preventive countermeasures are countermeasures carried out in an effort to prevent or maintain the possibility of an immigration crime, in this case, namely the crime of misusing immigration permits. Meanwhile, in repressive measures, this can be done by way of punishment, deportation, or blacklisting. It is better if the provision of visa-free facilities is reviewed and returned to the background of the provision of these facilities, namely only for tourism.</em></p> La Ode Bunga Ali Copyright (c) 2023 La Ode Bunga Ali 2023-06-30 2023-06-30 7 2 51 56 10.35326/volkgeist.v7i2.3378 Legal Protection Of Brand Rights And Geographical Indications For Toraja Coffee https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3428 <p><em>Geographical Indication is one of the Intellectual Property Rights that protects things that have features, attributes, or reputations related to the location from which they originated.&nbsp; Arabica coffee, which is native to Toraja South Sulawesi, has distinct attributes that distinguish it from other types of coffee, earning it a reputation as one of the world's best. The "TORAJA" brand, on the other hand, misleads customers about its uniqueness. Arabica coffee's reputation will be jeopardized if it is not from Toraja and its quality differs from that of Toraja coffee.&nbsp; To preserve Torajan arabica's reputation and coffee farmers, geographical indication registration on this Torajan arabica coffee is required. Geographical Indications must be legally protected in order to identify whether individuals are communal or collective. Belonging to the community in the registered Geographical Indication region is what the communal community character entails.</em></p> Mutiara Nabila Rizqi Upik Mutiara Copyright (c) 2023 Mutiara Nabila Rizqi, Upik Mutiara 2023-06-30 2023-06-30 7 2 57 63 10.35326/volkgeist.v7i2.3428 Efforts Of Women's And Children's Services Unit In Solving The Crime Of Sexual Abuse Committed By Minors https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3161 <p><em>This research aims to look at the efforts of Women’s and Children’s Services Unit in solving the crime of suxual abuse committed by minors. </em>This research applied empirical juridical research with the research location in the Women's and Children's Services Unit. The author in this research conducts initial data collection to obtain data or collect various data, facts and information needed. Based on the result, there was an increase in criminal cases from 2020, (4 cases) (1 case) resolved through the diversion process, in 2021 the number of cases increased to 7 cases with 2 cases resolved through diversion and restorative justice and in 2021 until December 31 the number of cases according to 5 cases and up to stage II. From the interview data obtained that children are not only victims but also perpetrators of almost all types of criminal acts. After the author conducted a deeper elaboration from the UPPA investigator of Buton Police, the fact that children become perpetrators of criminal acts is influenced by the surrounding environment, there are no examples of good character from the figures in the house and the indifference shown both in the family environment and the wider environment.</p> <p><strong><em>Keywords: </em></strong><em>Crime, Sexual Abuse, Minors</em></p> La Gurusi Copyright (c) 2023 La Gurusi 2023-06-30 2023-06-30 7 2 64 69 10.35326/volkgeist.v7i2.3161