Progressive Law Review (E-Journal)
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ANALYSIS OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON ACTION OF RUBBER CONTINUOUS CRIMINAL ACTION IN RUBBER PLANTATION PT. PERKEBUNAN NUSANTARA VII UNIT KEDATON DESA SABAH BALAU KECAMATAN TANJUNG BINTANG REGENCY OF LAMPUNG SELATAN
No full textCriminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime.Criminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime
HAK BERDAULAT, KEWAJIBAN YURISDIKSI DAN HAK-HAK LAIN DI ZONA EKONOMI EKSKLUSIF
No full textThe international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982. The sea is divided into several parts / zones, namely the territorial sea, internal waters, contiguous zones, archipelagic waters, the exclusive economic zone and the high seas. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. In the exclusive economic zone, coastal countries have sovereign rights for exploration and exploitation purposes, conservation and management of natural resources, both living and non-living, from the waters above the seabed and from the seabed and the land below and with respect to other activities for the purposes of exploration and economic exploitation of the zone, such as energy production from water, currents and wind; jurisdiction as defined in the relevant provisions of this Convention with respect to the creation and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. Other rights and obligations as defined in this Convention
Key words: Exclusive Economic Zone, Sovereign Rights, Jurisdictional Obligation
ACADEMIC STUDY OF DISTRICT FORMATION SOUTH INDRAGIRI
No full textThis research is motivated by the geographical conditions of Indragiri Hilir Regency in the Southern Region of Riau Province with an area of + 18,812, 97 km2, the vast area of Indragiri Hilir Regency coupled with the condition of almost 80% of the territorial waters which causes a range of spite and the difficult distance of the community with Central government. This type of research belongs to the type of Observational Research legal research by survey. the formation of new autonomous regions will increase the cost of administering government, but is expected to improve the quality and equity of services to the community, increase the acceleration of economic development, especially in rural areas, facilitate the growth of democratic life in the regions, improve security and order in the regions, contribute to unity and nationality (nation building). KeywordsThis research is motivated by the geographical conditions of Indragiri Hilir Regency in the Southern Region of Riau Province with an area of + 18,812, 97 km2, the vast area of Indragiri Hilir Regency coupled with the condition of almost 80% of the territorial waters which causes a range of spite and the difficult distance of the community with Central government. This type of research belongs to the type of Observational Research legal research by survey. the formation of new autonomous regions will increase the cost of administering government, but is expected to improve the quality and equity of services to the community, increase the acceleration of economic development, especially in rural areas, facilitate the growth of democratic life in the regions, improve security and order in the regions, contribute to unity and nationality (nation building). Keyword
ENFORCEMENT OF THE LAW AGAINST THE PROPAGATION OF INFORMATION THAT INCITES HATRED OR INDIVIDUAL HOSTILITY BASED ON ETHNIC, RELIGIOUS, RACIAL, AND INTER-GROUP THROUGH SOCIAL MEDIA
No full textIn a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time. The conflict occurs for any reason both least and the greatest and sometimes difficult to solve. In conflict situations, there can be conflicts between individuals, conflicts between groups, and even more complex conflicts, such as conflicts between tribes, religion, race, and inter-group that are subsequently in brief (SARA). The problem raised in this research is why perpetrators commit a criminal offence dissemination of electronic information containing the issue of SARA, how to apply criminal sanctions against perpetrators who spread the issue of SARA through social media based on prevailing laws and regulations, and how judgment of judges against perpetrators of dissemination of information containing the issue of SARA through electronic media. The results of the study showed that the causes of criminal issues spread to the issue of the perpetrators is the hatred of the Lampung people, because the perpetrator has had a dispute understanding of someone who is in Lampung. Differences of thought, disputes between individuals and groups is often the case, but do not necessarily blaspheme, overtake, and harasses with profanity phrases. Social Media was created for the means of communication and not for the event of the blasphemy.In a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time. The conflict occurs for any reason both least and the greatest and sometimes difficult to solve. In conflict situations, there can be conflicts between individuals, conflicts between groups, and even more complex conflicts, such as conflicts between tribes, religion, race, and inter-group that are subsequently in brief (SARA). The problem raised in this research is why perpetrators commit a criminal offence dissemination of electronic information containing the issue of SARA, how to apply criminal sanctions against perpetrators who spread the issue of SARA through social media based on prevailing laws and regulations, and how judgment of judges against perpetrators of dissemination of information containing the issue of SARA through electronic media. The results of the study showed that the causes of criminal issues spread to the issue of the perpetrators is the hatred of the Lampung people, because the perpetrator has had a dispute understanding of someone who is in Lampung. Differences of thought, disputes between individuals and groups is often the case, but do not necessarily blaspheme, overtake, and harasses with profanity phrases. Social Media was created for the means of communication and not for the event of the blasphemy
JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)
No full textA crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred
THE URGENCY OF THE BASIC LEGAL CLARITY OF THE TASK OF ASSISTED INDONESIAN NATIONAL MILITARY AND POLICE IN HANDLING TERRORISM
No full textPemerintah Indonesia telah mengesahkan Undang-undang Republik Indonesia Nomor 15 tahun 2003 tentang Penetapan Peraturan Pemerintah Pengganti Undang-undang No. 1 Tahun 2002 Tentang Pemberantasan Tindak Pidana Terorisme, Menjadi Undang-Undang. Dalam artian bahwa, terorisme adalah permasalahan yang harus diberantas dengan model penegakan hukum, sehingga POLRI adalah instansi penegak hukum yang memiliki tugas utama dalam menangani aksi teror. Selain itu didalam ketentuan undang-undang terorisme tersebut, terdapat salah satu pasal yang secara tegas melibatkan keterlibatan TNI dalam menangkal, menindak, dan memulihkan segala dampak yang disebabkan oleh aksi teror, disebutkan juga bahwa TNI dalam menangani aksi teror merupakan dalam rangka melaksanakan tugas pokoknya yang dilakukan dengan cara Operasi Militer Selain Perang (OMSP), namun yang jadi permasalahan adalah belum adanya kejelasan dasar hukum tugas perbantuan kedua instansi tersebut sehingga membuat kegambangan satuan bawah dalam melakukan tugas perbantuan, mengingat sepanjang sejarah dari kedua instansi tersebut memiliki konflik yang tak terlupakan. Tulisan ini membahas tentang faktor apa saja yang membuat pentingnya kejelasan dasar hukum tugas perbantuan TNI dan POLRI dalam penanganan terorisme dan untuk mengetahui bagaimana skenario tugas perbantuan diterapkan
english
No full textThe implementation of traditional medical practices is supported by several regulations including the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerning Organizers of Traditional Medicine and Law No. 36 of 2009 concerning Health. This research was conducted using the normative-empirical method. The study population was taken by purposive sampling according to the research objectives. Data analysis in this legal analysis research uses qualitative methods. The rules and conditions set for the management of traditional medical practices in Bandar Lampung City are guided by PerMenKes No. 61 of 2016 concerning Empirical Traditional Health Services, PP of the Republic of Indonesia No. 103 of 2014 concerning Traditional Health Services and Decree of the Head of Lampung Provincial Health Office Number 442 regarding Guidelines for Developing Traditional Health Services in Lampung Province in 2009. The resulting legal analysis is evident from 60 respondents that there are 39 people or 65% already know that the traditional medicine where they seek treatment already have a permit, this will increase the confidence of patients to seek treatment to a legal license. The results of the study of 60 patient respondents were only 3 people who were given health insurance by traditional medical providers. While the remaining 57 patient respondents were not given health insurance by traditional medical providers. This proves that only 5% of traditional medicine dares to give health insurance to their patients. Patients or people who seek treatment are entitled to health insurance following the legal basis for health insurance. The Bandar Lampung City Health Office has not optimally conducted supervision and education on traditional medicine in the Bandar Lampung City. It is hoped that the mayor's regulations will effectively regulate traditional medical practices, preventive measures, and make patients more selective in choosing health healing facilities
LEGAL POSITIVISM IN CONSTITUTIONAL COURT DECISION 46/PUU-XIV/2016
No full textThis paper examines the Constitutional Court Decision 46 / PUU-XIV / 2016 through the approach of the flow of legal philosophy, specifically legal positivism which resides behind decisions that reject the petition of the applicant. Tensions between the philosophical schools of law always occur, until the judges give their decisions. This decision was classified as a hard case, which was very full of paradigm disputes. The focus of the study in this study is to look at the judges' consideration with the logical positivism approach to law. This is done because the foothold that is the basis of legal arguments places several statutory regulations at the constitutional level and the law becomes the main analysis stone looking at the problems/premise of the major, where the authority adds norms not the authority of the Constitutional Court. Therefore, the formulation of the problem in this study is the identification and analysis of arguments with nuances of legal positivism in the Constitutional Court Decision 46 / PUU-XIV / 2016. The research method used is the Doctrinal / Normative Research, which is the main legal material to be examined in this study, which is the Constitutional Court Decision 46 / PUU-XIV / 2016. The type of approach, using the analytical approach (analytical approach) and philosophical approach (philosophical approach). Conclusions from this study: The flow of legal positivism with its arguments based on axiology, ontology, and epistemology dominates the judges so that the presence of the decision rejects the petition of the applicant. The flow of legal positivism comes with reasoning/logic that is very tight and closed, which makes the legislation as the main basis, thus limiting judges to conduct self-restraint, and submit it to the legislators to execute what is expected of the applicant. In addition, the issue of the principle of legality that upholds legal certainty is also the main reason for the judges who reject the decision. The tension between the flow of legal philosophy in this decision occurs, where legal positivism which originally had a theoretical tension with the flow of natural law and historical schools, also occurred where judges who had dissenting opinions based their arguments on the flow of natural law and historical schools.This paper examines the Constitutional Court Decision 46 / PUU-XIV / 2016 through the approach of the flow of legal philosophy, specifically legal positivism which resides behind decisions that reject the petition of the applicant. Tensions between the philosophical schools of law always occur, until the judges give their decisions. This decision was classified as a hard case, which was very full of paradigm disputes. The focus of the study in this study is to look at the judges' consideration with the logical positivism approach to law. This is done because the foothold that is the basis of legal arguments places several statutory regulations at the constitutional level and the law becomes the main analysis stone looking at the problems/premise of the major, where the authority adds norms not the authority of the Constitutional Court. Therefore, the formulation of the problem in this study is the identification and analysis of arguments with nuances of legal positivism in the Constitutional Court Decision 46 / PUU-XIV / 2016. The research method used is the Doctrinal / Normative Research, which is the main legal material to be examined in this study, which is the Constitutional Court Decision 46 / PUU-XIV / 2016. The type of approach, using the analytical approach (analytical approach) and philosophical approach (philosophical approach). Conclusions from this study: The flow of legal positivism with its arguments based on axiology, ontology, and epistemology dominates the judges so that the presence of the decision rejects the petition of the applicant. The flow of legal positivism comes with reasoning/logic that is very tight and closed, which makes the legislation as the main basis, thus limiting judges to conduct self-restraint, and submit it to the legislators to execute what is expected of the applicant. In addition, the issue of the principle of legality that upholds legal certainty is also the main reason for the judges who reject the decision. The tension between the flow of legal philosophy in this decision occurs, where legal positivism which originally had a theoretical tension with the flow of natural law and historical schools, also occurred where judges who had dissenting opinions based their arguments on the flow of natural law and historical schools
CREDIT SAVING EFFORTS AFFECTED BY CORONA VIRUS DISEASE 2019 (COVID-19) THROUGH THE CREDIT RESTRUCTURE PROCESS.: CREDIT SAVING EFFORTS AFFECTED BY CORONA VIRUS DISEASE 2019 (COVID-19) THROUGH THE CREDIT RESTRUCTURE PROCESS.
No full textThe pandemic over the Corona virus Disease 2019 (Covid-19) outbreak is engulfing the world which has left many people dead and all sides of human life affected. Not only is it life-threatening but the impact of the Covid-19 pandemic has also had a significant impact on the survival of the world economy and a country in particular. As a result of the Covid-19 pandemic, economic growth was hampered, business activities were forced to close so that there were many layoffs everywhere, the investment climate became sluggish, and people’s incomes were reduced even zero, resulting in the inability of people to meet their needs, especially for credit debtor customers. The impact of the Covid-19 pandemic has caused credit debtor customers to have difficulty carrying out their obligations to pay installments on loans or loans to banking institutions. At the current conditions, the bank in carrying out its operational activities is required to provide relief and policies to credit debtor customers directly affected from the Covid-19 pandemic and one of the efforts that can be made is the implementation of credit Restructure to maintain the health and correctness of the credit provided.Pandemi atas wabah Coronavirus Disease 2019 (Covid-19) sedang melanda seluruh dunia yang menelan banyak korban jiwa dan segala sisi bidang kehidupan manusia terdampak. Tidak hanya mengancam jiwa manusia akan tetapi imbas dari pandemi Covid-19 ini juga berdampak yang signifikan terhadap kelangsungan perekonomian dunia dan suatu negara pada khususnya. Akibat dari pandemi Covid-19 membuat pertumbuhan ekonomi terhambat, kegiatan usaha terpaksa tutup sehingga banyak terjadi Pemutusan Hubungan Kerja (PHK) dimana-mana, iklim investasi menjadi lesu, pendapatan masyarakat berkurang bahkan nol, sehingga timbul ketidakmampuan masyarakat untuk memenuhi kebutuhan hidupnya terutama bagi nasabah debitur kredit. Dampak dari pandemi Covid-19 menyebabkan nasabah debitur kredit mengalami kesulitan untuk melaksanakan kewajibannya untuk membayar angsuran atas pinjaman atau kredit pada lembaga perbankan. Beranjak dari kondisi yang terjadi saat inilah maka bank dalam melaksanakan kegiatan operasionalnya dituntut mampu memberikan keringanan serta kebijakan terhadap nasabah debitur kredit yang terdampak secara langsung dari pandemi Covid-19 dan salah satu upaya yang dapat dilakukan adalah dilaksanakannya restrukturisasi kredit untuk menjaga kesehatan dan kelancaran kredit yang diberikan
RECRUITMENT OF LAW FACULTY LECTURERS AND THE IMPLICATIONS OF OUTPUT GRADUATES IN THE MANPOWER SECTOR
No full textThe symmetrical relationship that shapes the quality of graduates cannot be separated from the existence of Human Resources, namely qualified lecturers. A qualified lecturer is produced by quality recruitment and continuous coaching. Because the curriculum is as great as it is, with lecturers who have no motivation or even the ability to interpret texts and contexts, it is certain that they experience difficulties in presenting an optimal learning method and in the end have a significant effect on the output of graduates.
The focus of this article is: (1) to understand in depth why the lecturer recruitment process has a strong correlation with the quality of public services; and (2) to know and understand how the quality of law faculty lecturers affects output graduate.
This research was conducted with a normative juridical approach, because in this study the assessment was carried out based on legal norms and principles, applicable laws and regulations and other library materials relevant to the research topic.
The conclusions obtained, among others, show that: (1) The process of recruiting lecturers to PNS Lecturers, Permanent PNS Lecturers and Permanent PTS Lecturers will affect the quality of public services in the university scope. This is based on several factors, including intention, quality commitment, individual quality, and how the work unit, namely universities and faculties, always carries out intensive coaching for young lecturers who have been recruited in the context of implementing the Tri Darma of Higher Education; (2) The quality of a lecturer is obtained through a long process since his early days as a lecturer which can be achieved through seriousness, focus, and consistency through a continuous coaching process. The qualities possessed by a law faculty lecturer also contribute to shaping the mindset, understanding, and competence of students that have an impact on output graduate. The further impact of the output of this graduate is the extent to which a university graduate can be absorbed in the world of work, be it in Ministries, Institutions, Agencies or Regional Governments, as well as in private agencies.