http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/issue/feed Jurnal Hukum Volkgeist 2023-12-29T00:00:00+07:00 Safrin Salam volkgeistjournal@gmail.com Open Journal Systems <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> http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/3921 Classification of Free Movement Papua as Unlawful Belligerent 2023-08-12T14:44:33+07:00 Sintong Arion Hutaepa sintong-arion@ubb.ac.id <p><em>In recent years, the OPM has carried out a massive movement in attacking and killing civilians in Papua. This action was deemed appropriate because of the OPM's position as a legal subject in accordance with international law.&nbsp; The aim would measure how much far OPM's position as for fulfil elements as a subject of international law based on international treaty and customs international. This article categorized as normative legal research whose using positive law. Normative legal research using secondary data consisting of from primary law including national regulations nor international law including international treaty and customs international related about OPM as unlawful belligerent. The Indonesian government classifies the OPM as a KKB with the label of a terrorist group. IHL subjects need to meet certain conditions to be counted as combatants. OPM does not meet the specified conditions so that it is counted as unlawfully belligerent. This condition makes the OPM unable to enjoy treatment like a combatant during an armed conflict.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Sintong Arion Hutaepa http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4318 The Resolution and Accountability of State Financial Loss In Administrative and Criminal Law Perspectives 2023-08-28T16:34:21+07:00 Muhamad Aksan Akbar akbaraksan53@gmail.com <p><em>Government officials, in performing public legal actions, may abuse their authority, resulting in financial loss to the state, which can have implications for both administrative and criminal resolution and liability. Purposes of this research, to determine and/or differentiate the resolution of financial loss to the state caused by the abuse of authority by government officials from administrative and criminal law perspectives, in order to avoid criminalizing government officials' actions and weakening the corruption eradication efforts. This research methods, this normative legal research applied a statute approach. The study findings indicate that the abuse of authority causing the state’s financial loss is primarily resolved under administrative law based on Law No. 30 of 2014 concerning Government Administration. This involves the return of the financial loss to the state or regional treasury and the imposition of severe administrative sanctions. However, the abuse of authority causing state financial loss can be treated as a criminal offense if the Internal Supervisory Apparatus (APIP) or law enforcement agencies find elements of a criminal offense as defined in Article 2 paragraph (1) or Article 3 of Law No. 31 of 1999. </em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Muhamad Aksan Akbar http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4438 The Analysis Of The Notary's Responsibilities For The Storage Of Electronic Deed Minuta 2023-09-30T22:00:58+07:00 Fika Arum Wijayanti fikaarumw@gmail.com Budi Santoso budisantosa@fh.undip.ac.id <p><em>The role and authority of notaries who keep electronic minutes are often problematic. In practice, storing deed minutes electronically has obstacles and benefits. This research aims to determine and evaluate the process and obligations of Notaries in storing electronic deed minutes. The research methodology used is a sociological and legal research approach. Descriptive analysis is the analysis technique used in this research. Primary data used in this research includes the 1945 Constitution, Law No. 2 of 2014, the Mortgage Rights Law, the Civil Code, and the Criminal Code. Apart from that, secondary data such as books and supporting documents are also used. Research data was collected using interview techniques and studying documents or library materials. Research findings indicate that electronic deed minutes can be stored, as some laws allow it. To store deed minutes electronically, the minutes must be original and must be created and stored using conventional methods.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Fika Arum Wijayanti, Budi Santosa http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4461 The Role of the Substitute Registrar in Handling Appeal Case Files in Religiou’s Court Makassar 2023-10-05T08:52:59+07:00 Adnan Lira m.adnanlira@umi.ac.id Asriati m.adnanlira@umi.ac.id <p><em>After the birth of Law no. 7 of 1989 concerning Religious Courts, there is hope that an independent Religious Court and Religious High Court will be realized. This type of research is empirical legal research, namely legal research that focuses on legal realities in society or is low in action. The location of this research was the Makassar High Religious Court. The type of data in this research is primary data, namely judges and clerks at the Makassar Religious High Court through questionnaires and direct interviews. As well as secondary data are official documents, scientific journals, legislation and official data which are products of the Makassar High Religious Court. Data analysis in this research uses qualitative and quantitative data analysis techniques. Qualitative analysis is a means of analyzing data that cannot be quantified, namely that which is still interpretative. The results of the research show that the role of the Substitute Registrar in handling appeal case files at the Makassar Religious High Court has been carried out well, but in some cases it is less effective. This can be seen from the low level of understanding of administrators' responsibilities in carrying out and completing appeal case files and submitting a copy of the decision to the court of first instance. Factors that influence the implementation of the duties and functions of the Substitute Registrar are matters of legal structure, legal culture, and facilities and infrastructure.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Adnan Lira Asriati http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4620 Corporate Liability of Pharmaceutical Companies Producing Unsafe Drugs (Lesson-Learnt from the USA) 2023-10-25T22:57:51+07:00 Hanifah Febriani hf185@ums.ac.id Bagus Mulia Pandu Winoto hf185@ums.ac.id Carissa Maharani hf185@ums.ac.id <p><em>Since the end of 2022, Indonesia has been concerned with cases of kidney failure in children. Long before that, United States of America (USA) have experienced in handling the case of pharmaceutical company. This research aims to examine</em> <em>the Corporate Liability Settlement for the Pharmaceutical Industry Producing Unsafe Drugs in United States and Indonesia as well as to elaborate more about what Indonesia can improve reflecting from the cases in America. This is normative legal research, using comparative methodology as an approach. The research has found that Indonesia shall address the idea to settle the case with plea agreement, civil lawsuit, as well as oblige the corporation to enter in corporate integrity agreement. Furthermore, a higher amount of fine is required in order to deter the company.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Hanifah Febriani http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4652 Constitutional Implications of KPK Leadership Term Changes: Analysis of MK Decision No. 112/PUU-XX/2022 and Ruling Inconsistencies 2023-11-15T13:32:44+07:00 Romi Galih Prabowo romi.galih@gmail.com Wahyu Donri Tinambunan wahyu.donri@fh.unsika.ac.id <p><em>Constitutional Court Decision No. 112/PUU-XX/2022, issued on May 25, 2023, underwent an amendment involving an analysis of Article 29 letter e and Article 34 in Law No. 19 of 2019 concerning the Corruption Eradication Commission (UU KPK) in conjunction with Law No. 30 of 2002. This decision is deemed inconsistent with constitutional principles and has the potential to impact anti-corruption efforts in Indonesia. The amendment provides a comprehensive analysis of the effects of the change in the term of office of the KPK leadership on the stability and performance of the institution, as well as its implications for anti-corruption efforts in Indonesia. The research methodology employed is normative juridical legal research with qualitative analysis of the Constitutional Court Decision and relevant legislation. This study aims to delve into the impact of the change in the term of office of the Chairman of the Corruption Eradication Commission (KPK) through Constitutional Court Decision No. 112/PUU-XX/2022. The research findings indicate significant changes in Article 29 letter e and Article 34 of Law No. 19 of 2019 concerning the Corruption Eradication Commission (KPK). Inconsistencies are observed in the application of the open legal policy concept by the Constitutional Court, particularly regarding the assessment of numerical values in previous rulings. Additionally, the study highlights errors in applying the non-retroactive principle concerning the changes in the term of office for KPK leaders, leading to controversy over the retroactive aspect of legal amendments.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Romi Galih Prabowo, Wahyu Donri Tinambunan http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4714 Implementation of Women's Representation as Members of the General Election Commission Based on Law No. 7 of 2017 on General Elections. 2023-12-03T19:39:02+07:00 Sukardin sukardin5177@gmail.com Suartini sukardin5177@gmail.com Anas Lutfi sukardin5177@gmail.com <p><em>The topic of women's quotas can be a good entry point to explore what limits and enhances substantive representation of women. Additionally, women's quotas are closely related to the debate on descriptive and substantive representation when associating quota policies, representation, and the effects of these quota policies. Women's representation in election organizers is crucial to ensure fair, equitable, and inclusive elections. Moreover, this is related to the issue of affirmative action. Affirmative action is a policy that provides special treatment to disadvantaged or marginalized groups, such as women, in order to enhance their representation in election organizers. This policy can take the form of quotas, reservations, or other affirmative programs. This research aims to analyze the Implementation and Factors affecting the fulfillment of the 30% Women's Representation quota in General Elections organizers in Indonesia based on Law No. 7 of 2017 regarding General Elections Research</em><em>.</em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Muhammad Rizal Lampatta, Suartini, Anas Lutfi http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4356 A Model of Legal Culture for Prevention of Money Politics Through Social Media Strategies for Facing Simultaneous Elections in 2024 Gorontalo Province 2023-09-08T12:57:25+07:00 Jupri jupri04hukum@gmail.com Arhjayati Rahim jupri04hukum@gmail.com Rusmulyadi Rusmulyadi rusmulyadi.law@gmail.com Vicky Ibrahim jupri04hukum@gmail.com Umar P jupri04hukum@gmail.com <p><em>This research aims to examine and explore the construction of a legal culture model for monitoring social movements to prevent money politics through social media and describe forms of legal protection for this movement. From the experience of previous simultaneous elections and local elections, various problems remain, one of which is money politics. Money politics is considered a differentiation mechanism for contestants to provide more value than other contestants in order to pursue personal votes. The factors vary, from weak religious culture, strong kinship culture, and paternalistic culture. This research provides a prevention model by utilizing social media such as Facebook, Twitter, WhatsApp and Instagram as a tool for social movements to prevent the practice of money politics. The type of research used is empirical research, namely research with field data as the main data source. The results of this research show that there are two models of cultural construction of legal supervision of social movements to prevent money politics through social media, namely the formation of anti-money politics citizen forums based on social media and creating anti-money politics fosters on social media. Meanwhile, the form of protection for this movement is to strengthen regulations and legal protection for whistleblowers and pay attention to Law Number 31 of 2014 concerning the protection of witnesses and victims. In the future, social media can be used as a means for more massive social movements to voice ideas, opinions and views in monitoring deviant behavior from political contestants and there needs to be special arrangements for the protection of these social movements. </em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2023 Jupri, Arhjayati Rahim, Rusmulyadi Rusmulyadi, Vicky Ibrahim, Umar P http://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4016 Implementation of Discipline Penalties as Sanctions Applied in the Correctional Realm for Violations of the Rules of Order by Convicts 2023-07-31T09:06:24+07:00 Mulyadi Alrianto Tajuddin mulyadi@unmus.ac.id <p><em>Disciplinary punishment is given to convicts who violate the prison rules, in this case convicts who are suspected of violating the order must be subjected to a preliminary examination by the head of security before being subject to disciplinary sanctions in accordance with Article 12 paragraph (1) of the Ministerial Regulation and Human Rights. Number 6 of 2013 concerning Rules of State Prisons and Detention Centers. Disclipnary punishment are given to the aim of this research to find out and understand the implementation of disclipnary punisments againts prisoners who violate the rules and the efforts faced by officers in prviding guidance in overcoming discliplinary violations at the Merauke Class IIB Penitentiary.This research was conducted using an empirical juridical method that looks at laws and regulations as a benchmark and looks at facts that occur in the field, especially in Merauke Class IIB Prison. From the results of the study, Discipline for prison-assisted citizens in Merauke Class IIB Prison has not been effective in accordance with the Regulation of the Minister of Law and Human Rights Number 6 of 2013. The obstacles faced by Class IIB Prison are adequate facilities and infrastructure, factors from prisoners and lack of prison officers and efforts made are oral socialization and making billboards to inform prisoners about obligations and prohibitions so that assisted citizens know the laws or regulations in Merauke Class IIB Prison. </em></p> 2023-12-29T00:00:00+07:00 Copyright (c) 2024 Mulyadi Alrianto Tajuddin