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Progressive Law Review
Published by Universitas Bandar Lampung
ISSN : -     EISSN : 27162141     DOI : https://doi.org/10.36448/plr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law Review (PROLREV) is an journal Faculty of Law University of Bandar Lampung. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. A recommendation by the Editors on specific research issues to be covered in each volume may be made available to prospective contributors prior to publication of the volume in April and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018) Ridwan, Alan
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.986 KB) | DOI: 10.36448/plr.v1i01.3

Abstract

One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.
JURIDICIAL REVIEW OF DISASTER RESPONSE DISPUTES IN THE PUBLISHING AGREEMENT FOR COLLEGE OF Herlambang, Dian
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.086 KB) | DOI: 10.36448/plr.v1i01.5

Abstract

Darmajaya Press as one of the publications in Bandar Lampung which is also a part of university publishing. Settlement of copyright disputes is very necessary to know and do to analyze how to resolve copyright disputes both in terms of moral rights and economic rights and also to answer the application of copyright that occurs in the Darmajaya Press publisher. This type of research is normative legal research. This type of research examines the implementation of positive legal provisions, agreements, contracts factually in legal events that occur. This type of research is descriptive in that this study has the aim to explain clearly and in detail in the legal events that occur. The results of the study indicate that the cooperation agreement between CV. Aura Publishing with IIB Darmajaya there has been a clause on the settlement of copyright disputes which is feared that it will arise in the future, namely by implementing a form of dispute resolution, namely alternative dispute resolution and courts; The application of copyright is carried out through the desire of Darmajaya Press to become a member of IKAPI, and in the agreement made there is a clause must reach 10 book publications, so that currently only 7 titles of ISBN books have been reached. Then the writer (lecturer) who published the book had not made a publishing agreement to guarantee copyright both moral rights and economic rights owned by the author.
COMMERCIALIZATION OF COPYRIGHT CONTENT THROUGH DIGITAL PLATFORMS IN INDONESIA Safiranita Ramli, Tasya; M. Ramli, Ahmad; Permata, Rika Ratna; Budhijanto, Danrivanto
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.871 KB) | DOI: 10.36448/plr.v1i01.6

Abstract

With the new advances in the Industrial Revolution 4.0 era, which were initiated by artificial intelligence coupled with genetic engineering and nanotechnology, changes will occur in a very fast period of time and result in an impact on the economic industry and also governance in the presence of new business that was born of innovators to create strategies through digital platforms. In Indonesia, digital innovation is not only in one area, but also in the fields of education, food, health, which is also used as a new law in government that supports the Industrial Revolution 4.0 era. These developments also affected the world industry. The birth of the term Industrial Revolution 4.0 was a continuation of the previous industrial revolution. The Industrial Revolution 4.0 is an amalgamation of an optimized manufacturing industry with the latest internet technology.
AUTHORITY OF DIRECTORATE GENERAL OF SPACE MINISTRY OF WORKGENERAL UNDER THE MINISTRY OF AGRARIAN AND GOVERNANCE / BPN Hamidah, Upik
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.451 KB) | DOI: 10.36448/plr.v1i01.7

Abstract

The rise of the Ministry of Agrarian Affairs and Spatial Planning / BPN in 2015 is a new chapter for BPN institutions. In view of the existence of these ministries, the functions and duties of the Director General of Spatial Planning of the Ministry of Public Works are merged into a ministry institution named the Ministry of Agrarian Affairs and Spatial Planning / BPN. So that change is based on increasing the authority of a state institution, and that authority is increasing and strategic.But in reality in the field, the two ministries are juxtaposed, many are involved. Therefore, it will be discussed in this quiz in accordance with the Regulation of the Director General of Spatial Planning of the Ministry of Public Works who is in charge of the ministry of agrarian affairs and spatial planning / BPN. The purpose of this study is to analyze the authority of the director general of spatial ministry of public works under the ministry of agrarian and spatial planning / BPN.This study uses a normative legal method, with the approach to the legislation and other literature. Based on research results, the authority of the Director General of Spatial Planning of the Ministry of Work under the Ministry of Agrarian Affairs and Spatial Planning / BPN is an institutional opportunity to unify land management comprehensively. The regulation and management of land is not limited to land surface space but encompasses underground space, above ground space, water space and surface space itself, Positive Impact of the existence of the Director General of Spatial Planning under the Ministry of Agrarian Affairs and Spatial Planning / BPN mandates the state to conduct land affairs in a manner to spread includes earth, water, space and natural resources for the greatest prosperity of the people. The Negative Impact of the Authority of the Director General of Spatial Planning under the Ministry of Agrarian Affairs and Spatial Planning / BPN is the need for harmonization of various laws and regulations relating to spatial planning and land management, to facilitate implementation in the field.
JURIDICAL REVIEW HATE SPEECH Law No. 11 YEAR 2008 JUNCTO Law No. 19 OF 2016 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS IN PROVIDING COMMUNICATION ETHICS EDUCATION IN SOCIAL MEDIA Ida Ayu Putu Anggie , Sinthiya
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.742 KB) | DOI: 10.36448/plr.v1i01.9

Abstract

Social media is an online media, which makes it easy for us to communicate openly; social media is able to shift conventional mass media in spreading the news. Through social media everyone gets an expression space that is free and easy to communicate, free to express, criticize and share on social media. But in its journey social media provides a space of freedom that transcends boundaries and strikes norms and ethics. Now the easier it is for someone to do hate speech in the form of provocation, incitement, or insult to other individuals or groups in terms of various aspects such as race, color, ethnicity, gender, disability to sexual orientation, citizenship and religion on social media. The legal rules regarding hate speech are regulated in Article 310 and 311 of the Criminal Code and Law Number 40 of 2008 Law Number 11 of 2008. Building good ethics on social media is the rule of law that social media users can know and understand the limitations in communicating on social media so as to create good, polite, responsible and civilized communication ethics
ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla) Pratama, Ari
Progressive Law Review Vol 1 No 01 (2019): November
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.08 KB) | DOI: 10.36448/plr.v1i01.10

Abstract

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.
ACADEMIC STUDY OF DISTRICT FORMATION SOUTH INDRAGIRI Satriawan Fikri, Novyar; Azhar, Ali
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This 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). Keywords
LEGAL POSITIVISM IN CONSTITUTIONAL COURT DECISION 46/PUU-XIV/2016 Ramadhan, Febriansyah
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.25

Abstract

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.
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 Sunia, Muhammad Rizki Mauludin; Ainita , Okta
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.26

Abstract

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.
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 Berlian, Arthur tahta
Progressive Law Review Vol 2 No 01 (2020): April
Publisher : Progressive Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v2i01.27

Abstract

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.

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