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Gedung C. Fakultas Hukum Universitas Lampung. Jl. Prof. Dr. Sumantri Brojonegoro No. 1 Bandar Lampung, 35145
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Cepalo
Published by Universitas Lampung
ISSN : -     EISSN : 25983105     DOI : https://doi.org/10.25041/cepalo
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memiliki visi untuk menjadi jurnal ilmiah di bidang ilmu hukum yang sesuai dengan kearifan lokal Provinsi Lampung, yang akan di analisis secara komprehensif dengan perundang-undangan Nasional atau Internasional dan kondisi sosiologis. Misi dari Cepalo adalah untuk mempublikasikan hasil penelitian ilmiah di bidang ilmu hukum baik dalam skala nasional, maupun skala internasional. Cepalo pada dasarnya berisi topik tentang hukum, sistem hukum, hukum dan ekonomi, sosiologi hukum, antrophologi hukum, kebijakan publik, hukum internasional, hukum adat, hukum administrasi, hukum agraria, hukum islam, hukum bisnis, hukum pidana, hukum kesehatan, filsafat hukum, hukum kesehatan, hukum tekhnologi dan budaya. Namun tidak membatasi pokok bahasan mengenai studi hukum komparatif dan tidak menutup kemungkinan bagi penelitian yang bertemakan tentang kearifan lokal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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PRETRIAL JUDGE AUTHORITY IN ADJUDICATING ADMINISTRATIVE ACTIONS CARRIED OUT BY THE DIRECTORATE GENERAL OF CUSTOMS Erdianto Effendi; Rena Yulia
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2863

Abstract

The Directorate General of Customs and Excise has administrative and law enforcement authority. In practice, judges often understand administrative authority as an investigative authority, thus granting pretrial requests for Acts that are the administrative authority. The method used is normative legal research is descriptive qualitative with qualitative analysis techniques using primary, secondary, and tertiary legal materials. The results showed that pretrial judges differed in interpreting administrative authority. Only two of the five judges interpreted administrative authority as not pretrial objects. Supposedly, judges are not authorized to examine the administrative authority exercised by Customs and Excise. Recommendations This research is to minimize the expansion of interpretation of the authority of forced efforts so that the issuance of the Supreme Mahakamh Circular or revise the Customs and Excise Law.
FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE Arisa Murni Rada; Muhaimin Limatahu; Ahmad Mufti
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2886

Abstract

This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.
LEGAL PROTECTION OF INDIGENOUS INSTITUTIONS IN THE FRAME OF THE RULE OF LAW (PERSPECTIVE OF LEGAL PROTECTION THEORY) Safrin Salam
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2898

Abstract

Indigenous institutions in Indonesia are a local wisdom inherited from the ancestors of the Indonesian State. This research is normative legal research, namely legal research conducted by researching and examining statutory regulations, starting from Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that the arrangements for protecting traditional institutions in Indonesia, namely that the State is obliged to protect the natural rights of humans themselves, namely customary law communities, are based on the Decision of the constitutional court no. 35/puu/ix/2012, namely customary rights in both private law and public law. John Locke's theory of protection is related to regulations issued by the State to provide legal protection for rechtgemeschappen, which needs to be studied juridically and sociologically. While the harmonization of customary institutional protection norms in Indonesia, namely by carrying out a legal review (reviewing) of legal regulations against Permendagri with Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Permendagri Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of customary law communities and ulayat lands.
THE FUNCTION OF CRYPTOCURRENCY EVIDENCE IN THE INVESTIGATION PROCESS OF MONEY LAUNDERING CRIME IN THE FRAMEWORK OF CRIMINAL PROCEDURE LAW REFORM Arief Budiman; Elis Rusmiati; Mien Rumin
Cepalo Vol 7 No 2 (2023): Issue In progress (August 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.2993

Abstract

A cryptocurrency is a new form of Evidence whose existence has not been regulated explicitly and clearly in the Criminal Procedure Code, ITE, and the Money Laundering Law. The problem in this paper is related to the function of electronic currency evidence in the investigation process of money laundering cases. The research method used in this research is normative juridical. The writing stage is carried out through literature searches conducted by examining secondary da, which includes primary legal materials, literature, articles, opinions, experts’ teachings, and their implementation in legislation. When viewed from the Criminal Procedure Code, the Law on Money Laundering, and the Electronic Transactions Information Law, the three cannot be said to accommodate the development of current Evidence. The procedure for investigating and obtaining electronic money evidence should have been regulated in the new Draft Criminal Procedure Code so that formal criminal procedures can be carried out properly.
ENVIRONMENTAL AND SOCIAL INJUSTICE: IMPACT AND SUSTAINABILITY OF SMALL SCALE TIN MINING UNDER INDONESIA’S NEW MINERAL AND COAL REGULATION Derita Prapti Rahayu; Faisal Faisal; Darwance Darwance; Komang Jaka Ferdian
Cepalo Vol 7 No 2 (2023): Issue In progress (August 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3137

Abstract

The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.

Page 8 of 8 | Total Record : 75

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