Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Optimalisasi Pembinaan Narapidana dalam Upaya Mengurangi Overcapacity Lembaga Pemasyarakatan
Get PDFOvercapacity occurs because of the growth rate of inmates in prison that is not proportional to the number of dwellings in correctional institutions, besides that there are other factors of overcapaity, such as paradigms or factors of punishment received by prisoners themselves tend to be oriented towards institutional criminal or prison. This tends to have negative implications on a number of things including the low level of supervision and security and the occurrence of imprisonment. The overcapaity solution for prisoners inside the correctional facility includes non-institutional actions in the form of conditional penalties, probation, suspended crimes, compensation, restitution and the use of restorative justice
Implementasi Reforma Agraria pada Masa Orde Lama dan Reformasi
Get PDFReform is a method to solve agrarian problem for economic inequality of population income in Indonesia. and the food and ruler and landlord are well resolved so that the economic progress of the nation can be evenly and well-being achieved. The policy taken by the state leaders must comply with the interests of all Indonesian citizens without discriminate or their policies should be the same as the principles of applicable law. And the reform of the reforms in the old order and the Reformation is certainly. A way to create a responsive policy that can coordinate interest. All citizens but in different ways are most important in running. A policy remains to be based on the provisions of the law due to Indonesia state law under the UUD 1945, in making the concept of agrarian policy in order to walk with. Should involve scientists, officers, activists, and also elements of society
Pengawasan Pengelolaan Lingkungan Dibidang Pertambangan Berdasarkan Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batu Bara
Get PDFOne of the environmental issues that affect the management of natural resources is mining activities. Based on Law No. 4 of 2009 concerning Mineral and Coal Mining began to open new horizons regarding the juridical aspects of mining management from its environmental aspects as well as being discussed about the independence of Indonesian mining. The role of the government in the formulation of environmental management supervisory policies must be optimized because natural resources have a very important role, especially in the context of increasing state revenue through clear and fair mechanisms of taxes, levies and profit sharing, and protection from ecological disasters. In line with regional autonomy, the gradual delegation of authority from the central government to regional governments in natural resource management is intended to increase the role of local communities and maintain environmental functions. The method in this research is normative legal research. The source of law used in this research is secondary legal material obtained by conducting literature review. Data analysis in this research is by qualitative analysis. Based on the contents of the discussion related to the supervision of environmental management in the mining sector based on Law no. 4 of 2009 concerning Mineral and Coal Mining covering environmental management, reclamation and post-mining including environmental management and monitoring in accordance with environmental management documents or environmental permits that are owned and have been approved; arrangement, restoration and improvement of land in accordance with its allocation; stipulation and disbursement of reclamation guarantee; post mining management; stipulation and disbursement of post-mining guarantees; and compliance with environmental quality standards in accordance with statutory provisions
Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan
Get PDFHKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature
Implementasi Keamanan Kaitanya dengan Peraturan Perundang-Undangan pada Lembaga Pemasyarakatan dan Rumah Tahanan Negara
Get PDFThe purpose of this research is to know the security arrangement at Penitentiary Institution and House of Detainee against security system of correctional institution and implementation of security in Penitentiary Kuningan. This type of descriptive analysis research with empirical juridical approach. The result of the research stated that the Regulation of Permenkumham Number 33 Year 2015 concerning Security at Penitentiary and House of Detainees has been arranged in detail and complete but in its implementation there are various obstacles so that in Kuningan has not fully applied maximally, especially in guarding and guarding at the time of assimilation which should be supervised and supervised but only accompanied by regular staff assigned. The conclusion is that to optimize security requires human resources and other resources such as technology, infrastructure
Audit Mutu Hukum Pengaturan dan Penerapan Pertanggungjawaban Sosial Bank Melalui Program One Village One Company (OVOC) terhadap Badan Usaha Milik Desa (BUMDes) di Jawa Barat
Get PDFWest Java Provincial Government seeks to help the independence of the village in order to improve the economy of rural communities by launching the OVOC program. The legal basis for the OVOC program is summarized in a joint agreement formed between the West Java Provincial Government and the BJB Bank. This writing will examine the responsibilities of the West Java Provincial Government as a stakeholder in the implementation of the OVOC program. The next legal issue is the social responsibility of banking institutions through the OVOC program in terms of the mutual agreement that has been formed. There are some gaps between the contents of the joint agreement with the reality that is happening on the ground, one of which is funds that are still stalled in the West Java Provincial Government for BUMDes in West Java. The results of this paper indicate that a legal quality audit of a joint agreement regarding the OVOC program must be carried out bearing in mind there are 7 (seven) quality criteria that must be considered for the interests of the parties involved in it. In its relationship with banking institutions, banking institutions should contribute to the implementation of capacity building, technical assistance, and utilization of banking service facilities as a form of social responsibility for the OVOC program
Over Kapasitas Lembaga Pemasyarakatan Dalam Perespektif Kebijakan Hukum Pidana
Get PDFOvercapacity of correctional institutions is a serious problem in realizing the objectives of the criminal justice system. This article seeks to identify the causes of overcapacity in prisons and formulate models of criminal law policies that can suppress the overcapacity of correctional institutions in Indonesia. Overcapacity of prisons is caused by: first, the high crime rate and limited prison facilities. Second, over criminalization criminal law policies that are not supported by alternative sanction crimes; easy requirements for detention and length of detention period, and restrictions on the provision of remissions. An integrated approach is needed in reducing overcapacity of prisons through criminal law and social policies, namely the fulfillment of detention facilities in prisons / detention centers and reducing the crime rate. In criminal law policy, decriminalization and depenalization are necessary for certain types of criminal acts to strengthen alternative crimes from imprisonment
Kajian Hukum Agraria terhadap Ketentuan Larangan Pengalian Hak Milik atas Tanah Gereja (Studi Kantor Sinode Gereja Masehi Injili di Halmahera)
Get PDFThe provisions of the evangelical Christian Church in Halmahera on the prohibition of transferring property rights on the land mention, any organic or retired employee who is entitled to the submission of land rights which has status of property, shall not divert, adjudicate, or other legal action. While the provisions of the land rights under the National Agrarian Law, having broad authority means that it can divert, adjuct or as long as not contrary to applicable law. This study aims to examine the concept of church arrangement on the prohibition of transferring property rights on land and associated with the concept of national agrarian law. Research is normative legal research. The results of the research were found first, the provisions of the property of land governed by the provisions of the Church in the implementation there are conflicts and fundamental differences with the concepts governed in national agrarian law. The two rights holders of the land who have received the surrender of land from the church do not have a guarantee of legal certainty with the provisions of the Church governing the prohibition of the transfer of property rights to the land
Penerapan Mashlahah Mursalah Sebagai Pertimbangan Hakim Dalam Memutus Perkara di Pengadilan Agama
Get PDFThe use of mashlahah mursalah as a basis for legal determination among ulama is still disputed until it is divided into two groups, namely the group that uses mashlahah mursalah and the group that does not use mashlahah mursalah, but the difference of opinion has no effect on religious judges in Indonesia, because there are several decisions of religious judges. Applying mashlahah mursalah as a basis for consideration in his decision. This is as stated in the decision of the Jambi Religious Court judge in the Divorce Case Number 634 / Pdt.G / 2019 / PA.Jmb, Marriage Dispensation Number 40 / Pdt.P / 2020 / PA.Jmb, and Isbat Nikah Number 14 / Pdt. P / 2017 / PA.Jmb. This is based on several legal considerations, namely first, using mashlahah mursalah as argument and legal reasoning based on evidence and facts in court. Second, avoiding the harm that seekers of justice are facing with the aim of achieving the essence of sharia, namely protecting religion, soul, mind, descent and property.
Analisis terhadap Penghentian Penyidikan pada Laporan Polisi Nomor: B.210/VIII/2018/JAMBI/SPKT”C” Tentang Tindak Pidana Pemerkosaan Anak
Get PDFLaw enforcement efforts by Law Enforcement Officers include a series of actions taken by police officers, Prosecutors, Judges, and Correctional Institutions. However, the spearhead in the handling of criminal cases that occur in the community is basically handled and carried out directly by police officers. In carrying out its duties, the Police have a basic duty as mandated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia, namely the Police have the task of maintaining security and public order, enforcing the law, and providing protection, protection, and service to the community. The task of law enforcement relates to the Criminal Justice System where the Police Department is one of its parts in addition to judges and prosecutors, which in the criminal justice system have the authority to make coercive efforts, which include the activities of arrest, detention, search and seizure. In carrying out the task of investigating the perpetrators of crimes or criminal cases, from the beginning of the investigation the case always coordinates with the Public Prosecutor, to avoid going back and forth on a recurring basis. In the police report Number: B.210/VIII/2018/Jambi/SPKT"C", there is a process of termination of investigation where the case of rape of a child is not continued to the stage of further law enforcement, namely the impeachment of the Prosecutor for prosecution, but in this case it is discontinued only to the level of investigation