Progressive Law Review
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Published By Universitas Bandar Lampung Publication Center

2087-2089

2021 ◽  
Vol 3 (01) ◽  
pp. 12-25
Author(s):  
Ana Fauzia ◽  
Fathul Hamdani ◽  
Deva Octavia

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.


2021 ◽  
Vol 3 (01) ◽  
pp. 69-81
Author(s):  
Nur Hairul Hari Yanto ◽  
Muhammad Nasarudin

In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.


2021 ◽  
Vol 3 (01) ◽  
pp. 53-68
Author(s):  
Anggalana ◽  
Wayan Riki Irawan ◽  
Ayang Widi Pratiwi ◽  
Diandra Rinanda

The problem that exists in Bumi Agung Wates Village, Way Kanan Regency, is the unequal development of village infrastructure. This condition can be seen from the connecting road between Way Kanan Regency and East Ogan Komering Ulu Regency, precisely Bumi Agung Wates Village (BAW), Bahuga District, Way Kanan Regency, Lampung Province, with badly damaged conditions. The problem of this research is How is the implementation of the principle of orderly public interest in village infrastructure development based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? and What are the factors inhibiting the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical. Based on the results of the study it was concluded that the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages, had not been implemented to the fullest because development in the village of Bumi Agung Wates Way Kanan Regency was only a road in an alley or small road; while the main road has not been developed at all, while the main road is widely used by the community or farmers to transport crops to be brought to the city. The inhibiting factors for the implementation of the principle of order of public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages are among others the relatively low level of community education and facilities and infrastructure in the form of community work equipment that does not support until the end of physical implementation. As a suggestion from the author, the Way Kanan Regency Government should be able to resolve the problem or the inhibiting factor of the implementation of the principle of public order in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages in Bumi Agung Wates Village, Bahuga District, Way Kanan Regency. The government of Bumi Agung Wates Village, Bahuga Subdistrict, Way Kanan Regency,  


2021 ◽  
Vol 3 (01) ◽  
pp. 40-52
Author(s):  
Muhamad Galank Novriwan Hakim ◽  
Rissa Afni Martinouva

The development of the Trans Sumatera toll road for the Bakauheni Terbanggi Besar Section II package currently causes uncertainty in the calculation of compensation for residual lands, so that there is a change in the function of the land from the remaining land affected by the development. The remaining land referred to in this study is the rest of the land that has been compensated by agencies that need land, in this case the Ministry of Public Works and Public Housing but still leaves problems that have not been resolved. The problem in this study relates to the basis and process of settlement of compensation for the residual land that has lost its social function and economic value in the construction of the JTTS Bakauheni-Terbanggi Besar Section, efforts that must be undertaken by the community for the remaining land that loses social function and economic value in the JTTS development Large Bakauheni-Terbanggi Section. This research is a normative and empirical juridical research. This research was conducted in Serdang Village, tanjung Bintang District, South Lampung Regency.


2021 ◽  
Vol 3 (01) ◽  
pp. 1-11
Author(s):  
Tubagus Muhammad ◽  
Restu Viandi Okta

One indicator of electoral success is the high level of unapologetic participation of the public. High participation guarantees the legitimacy of government and protection of citizens' suffrage. In the 2019 concurrent elections, the low level of political participation in Bandar Lampung, Lampung Province, was low. Participation is important to be researched considering the success of an election can be seen from the level of community participation. Participation is closely related to legitimacy, the higher the level of voter participation in elections, the more legitimate the government it produces. Government supported by the majority of society naturally will be easier to get support for programs and policies to be implemented. The involvement of the public in the selection of his deputy allows for a process of check and balance between the political officials of the election results and their constituents so that the mandate rope between the two is not immediately severed. One indicator of electoral success then is the high level of public participation in voting. Therefore, this research in terms of political participation is an important aspect in the country involving the public in the implementation and implementation of elections. Because the political participation of the community is an important aspect in the order of the State of democracy.


2021 ◽  
Vol 3 (01) ◽  
pp. 26-39
Author(s):  
Suta Ramadan ◽  
Intan Seftiniara ◽  
Muhammad Iqbal

Sexual violence is an unwanted sexual behavior, such as a request to have sexual intercourse and other sexual behaviors by verbal and physical violence. The problem in this study is how is the legal regulation of rape and sexual assault in Indonesia? and How is the implementation of active national principles for rape and sexual assault crimes that occur abroad? The research method used in this research is normative research method, by examining legal problems using existing literature materials. This study will analyze the legal arrangements for perpetrators of rape and sexual assault crimes to the implementation of the principle of nationality for perpetrators of rape and sexual assaultcrimes that occur abroad. The conclusion in this study is that there needs to be an expansion in the Draft KUHP in regulating criminal acts of immorality, especially rapes committed similarly, both carried out by men and women and the application of the principle of personality both active and passive can be given by the state if the crime is related to the interests of the state, and the existence of bilateral agreements between the two countries so that legal diplomacy can run smoothly until it gets the best way out.


2020 ◽  
Vol 2 (02) ◽  
pp. 20-31
Author(s):  
Arief K. Syaifulloh

In the general explanation of Law No. 4 of 2009 on Mineral and Coal Mining it isoutlined that the Basic Law 1945 Article 33 paragraph (3) affirms the earth, water, andnatural wealth contained therein is controlled by the state and used for the greatprosperity of the people. In this study, the authors examined how environmentaldamage impacts the merapi sand mining in Klaten. The research method used in thisstudy is empirical legal research, where in empirical research emphasizes more on thesymptoms and consequences that occur based on the field, or in another sense thisstudy uses observation methods as primary data to see how the law in action goes.From the results of the research obtained that the impact of merapi sand mining in thecentral java klaten is the first impact on the damage of agricultural land, plantation landthat certainly threatens the availability of land for future generations of farmers thatwill certainly have an impact on food availability, secondly damaging evacuation routesand thirdly disrupting water content, ecology, landslide prone.


2020 ◽  
Vol 2 (02) ◽  
pp. 40-56
Author(s):  
Rissa Afni Rissa ◽  
Aditia Arief Firmanto

The 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.


2020 ◽  
Vol 2 (02) ◽  
pp. 1-10
Author(s):  
Abimanyu Iqbal Soesanto

Pemerintah 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.


2020 ◽  
Vol 2 (02) ◽  
pp. 57-68
Author(s):  
Rifka Yudhi ◽  
Agung Budi Prastyo

The 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. 


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