Jurnal Hukum Volkgeist
ISSN : 2528360X     EISSN : 26216159
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 April 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
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Articles
TINJAUAN YURIDIS TERHADAP PEMENUHAN HAK-HAK ANAK DI LEMBAGA PEMASYARAKATAN KLAS I A MAKASSAR

SULAIMAN, HERLINA

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on the criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research,  and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act as mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional pekera based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate-in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

PERLINDUNGAN HUKUM BAGI PENYEDIA ATAS PENGHENTIAN KONTRAK PENGADAAN BARANG DAN JASA

PALILING, DIMAS TEGAR

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

From the juridical standpoint that there are issues that are not acomodate in the technical regulations for the procurement of goods and services, in this presidential regulation Number 54 year 2010 along with the revised document. In an implementation of the contract for the procurement of goods and services, such as the implementation of the construction made possible the occurrence state of kahar.  the goal of the research in this paper is analyzing the meaning of termination of contracts in the procurement of goods and services and analyze the legal consequences of termination of the contract against the execution of a contract for the procurement of goods and services .Research methods used in the writing of scientific papers using normative legal research methods. Research results show that the meaning of termination and termination of Contracts for the procurement of goods and services differs. Termination of the contract is a contract that is caused by the suspension not work power force of the implementation of the contract, but the contract still exist, such as the circumstances of the termination of legal consequences whereas kahar contract is the Provider is entitled to payment for the work that has been done and the user must make payment upon receipt of the goods/services; and the provider is entitled to financial compensation, in unison with the user having to provide financial compensation for the delay in payment, include the clause of the contract to change the determination of the length of time until when the contract is terminated and payout system.  

PELAKSANAAN UNDANG-UNDANG NOMOR 15 TAHUN 2014 DALAM PENETAPAN LABUNGKARI SEBAGAI IBUKOTA KABUPATEN BUTONTENGAH

WIRIDIN, DARMAWAN

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

The Law’s Observation Of Regulation Number 15th 2014 Related With The Establishment Of Labungkari as The Capital City Of Middle Buton Districk..The aim of this research is to find out the advisability of Labungkari as the Capital City of Middle Buton Districk observed from a law’s side and to find out a background, a weakness, and surplus of established Labungkari as the Capital City of Middle Buton Districk. This research was done in Labungkari, exactly in a government of Middle Button Districk.The method was applied in this research is the descriptive method and purposed to describe anything that have forms the background of establishment Labungkari as the Capital City Of Middle Buton Districk. The writer use a qualitative analysis based on a reports and a documentation in the field. A data collecting technique in this research includes by a profound interview and a secondary data and a tertiary data a study book, a document, and the articles.From the research, the writer concluded that the establishment Labungkari as the Capital City of Middle BurtonDistrict is not advisable because the establishment is not based on a mechanism that have permanently in a law and the establishment is just based on a collective consensus between a societies element.

PELAKSANAAN WEWENANG WAKIL PRESIDEN N DALAM PENYELENGGARAAN PEMERINTAHAN

HERMAWAN, BAMBANG

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

No details the authority owned by the Vice President could potentially lead to legal uncertainty. Whereas in the construction of the position incumbent of the position of the Vice President has a position that is very fundamental research purposes in writing this is to know the authority of the Vice President in the Organization of the Government and To knowing the implementation authority Vice President in organizing the Government. In this study the normative legal research using methods based on relevant legislation and other legal materials related to the substance of the research, then connected with problems in This research. Research results show that the authority of the Vice President is not set explicitly in the legislation. Authority of the Vice President are only found by analyzing the legislation. ' Where there are 3 Vice Presidential Authority: the authority of the Vice President as the representative of the President, the powers of the Vice President As President, the Maid Authority of the Vice President as successor to the President whereas the implementation authority Vice President subject to the authority of the source.  Source  from authority of the attribution of the implementation authority Vice President gained the authority directly by the 1945 Constitution and its implementation without going through intermediaries. For the delegation of authority then the implementation authority in advance must there is a delegation of authority that has the force of law so that the execution of the authority of the Vice-president can be strengthened by positive law in order to set up and defend it.

ANALISIS PERJANJIAN KERJASAMA DAN POLA PERBANDINGAN PENYELESAIAN SENGKETADI LUAR PENGADILAN

salam, safrin

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

The contract or agreement is rapidly growing at this time as the consequence logical from the development cooperation business people business. Many business cooperation carried out by businessmen in the form of a contract or written agreement. The purpose of this research is to know and understand the legal analysis against the risks that arise in the agreement as well as to know the form of resolving disputes outside of the courts in the perspective of positive law and Islamic law. The type of research used in this study are normative legal research which in the use of research analysis Techniques used are qualitative techniques for which information unearthed through in-depth interviews and information search through the library, either from legislation, documents relating to the writing of this thesis so that what is in question in the study answered with a maximum. Results of the study showed that a cooperation agreement with Sejahtera Corporateand Adil Makmur potentially cause conflict so that it appears in the dispute between the parties resulting from any such agreement surfaced that there are risks such as risks language, the risk of disputes. To resolve this issue then there needs to be a model of dispute resolution that is ADR in particular using arbitration institutions while the Model dispute resolution outside of court according to ACT No. 30 of 1999 are mediation, arbitration, consilition, which chosen by the parties in accordance with applicable LAW while according to customary law, the dispute could be resolved through private, family, head of the indigenous organizational institution.  

PEMBENTUKAN PERATURAN DESA DALAM KONTEKS KETATANEGARAAN INDONESIA

NURAINI, NURAINI

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

Law Number 32 Year 2004 About local governance, that further arrangements regarding the village, including the problem of the formation of the rules of the village (the village Regulations) arranged in the form of Regulatory regions of the County. The type of Research used in this study using normative legal research using "approach to legislation, (he was Johan Nasution, 2008:92). Research results show that in drawing up the rules of the village there are limitations that should be used as a general reference in the preparation of paraturan legislation i.e. the clarity of purpose; that each establishment of the legislation must have a clear purpose to be achieved; institutional or organ-forming the right; that any kind of legislation must be made by the institutions/officials forming legislation authorized. Such legislation may be cancelled or annulled by law, when made by institutions/officials who not authorized conformity between the type and material of the charge;  can be implemented;  navigability and kehasilgunaan;  clarity of formulation; that any legislation must meet the openness as well as the establishment of the village Regulations contained in Act No. 10 of the year 2004 on the establishment of Regulations and Law Number 32 Year 2004 About Local governance as well as government regulation Number 72-year 2005 Of the village has not been regulated explicitly and intact.

PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

LAMPATTA, MUHAMMAD RIZAL

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

TINJAUAN HUKUM PENETAPAN ZONASI TERHADAPAT MASYARAKAT NELAYAN BERDASARKAN PASAL 23 UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBERDAYA ALAM HAYATI DAN EKOSISTEM

Haniru, Laode

Jurnal Hukum Volkgeist Vol 2 No 1 (2017): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

Wakatobi National Park (TNW) is managed by the system established based on the decision of the diirektur-General of forest protection and nature conservation (PHKA) number SK. 149/IV-KK/2007 July 23, 2007 by wakatobi National Park alongside Hall Government wakatobi, aimed at mapping the area and restriction area which can be utilized and that cannot be utilized called zoning. Until now the most dominant issue facing the fishermen who came from the tribe of bajo, is poverty the cause there is no other choice but to continuously exploit sea resources, poverty often becomes complicated because of poor population It is often considered as the cause of damage to the coastal environment, but on the other hand the poor population also will bear the impact of environmental damage. The methods used in this study i.e. by using qualitative descriptive method, namely the description of penganalisaan data obtained from field studies and libraries by way of describing and explaining the reality of objective research obtained from the results of observation and interview approaches as well as describe the behavior of the community until the creation of the law. Research results show that implementation of the truly wakatobi National Park Zoning to protect marine ecosystems, particularly coral reefs exist in the Wakatobi. Sustainability of natural resources tersebutnantinya expect able to prosper fishing communities especially in the villages of Mola Samaturu. Though the National Park Zoning designation wakatibi has yet to get a response is entirely from fishing communities especially villagers Mola Samaturu because masi felt there was some space for a living sea becomes limited by the existence of zoning. Wakatobi national park management in kelolah based on the Zoning system, as for the forms is the core zone, the zone of protection zones, exploiting local marine, public utilization zones, tourism and land zone zone/special.  

EFEKTIFITAS PELAKSANAAN ALOKASI DANA DESA BERDASARKAN PERMENDAGRI NO 113 TAHUN 2014 TENTANG PENGELOLAAN KEUANGAN DESA

Putra, L. M. Ricard Zeldi

Jurnal Hukum Volkgeist Vol 1 No 2 (2017): APRIL
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

The Organization of the Government of the village of terpisakan no peyelenggaraan autonomous region. Through law No. 6 Year 2014 about villages, each village given discretion to set its own kewenanganya, either the authority based on the origin of the local scale, the powers and authority of the village, in the transferred by the Central Government/provinces//kota in accordance with government legislation. This research uses the normative-empirical type. The data used in this research is the primary data, namely data obtained directly from the field in the form of interviews and questionnaires and secondary data, namely data obtained from graphical documents (tables, notes, meeting, meetings, etc), photographs, films, video recordings, and other things that can enrich the primary data.  Research results show that implementation of the allocation of Funds in the village of Banabungi Village have been implemented but in pelaksanaanya is not effective. It is based on is Not dilaksanakanya the principle of transparency and participatory in its own ruling, a factor pelaksanaanya i.e. the absence of legal sanctions or force power for the Government when the village does not implement legal norms. While the position of Permendagri NO. 113 Year 2014 about financial management is in compliance as regulations, although the above provision does not mention explicitly the type of legislation in the form of a regulation of the Minister, but the phrase rules set by Ministers at the top, reflecting the existence of ministerial regulation as one of the types of legislation.  

PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI

Amrullah, Muhammad Salam

Jurnal Hukum Volkgeist Vol 1 No 2 (2017): APRIL
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

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Abstract

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.