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INDONESIA
KEADILAN PROGRESIF
Published by Universitas Bandar Lampung
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini berisi hasil riset atau tinjauan atas suatu permasalahan hukum yang berkembang di masyarakat (artikel lepas), dimungkinkan juga tulisan lain yang dipandang memberikan kontribusi bagi pengembangan ilmu hukum. Pertama kali terbit pada September 2010. Terbit dua kali setahun, setiap Maret dan September.
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Articles 11 Documents
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Search results for , issue "Vol 10, No 2 (2019): September" : 11 Documents clear
PEMBAHARUAN HUKUM PIDANA MENURUT RKUHP TAHUN 2018 TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DENGAN SISTEM REHABILITASI Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Criminal Law Reform is an effort to form laws and regulations that are in accordancewith the conditions of the community, whose main goal is to achieve the ideals of Indonesia,namely not only regulating citizens through laws, but also creating peace and prosperitythrough state institutions that has the authority to make related regulations. The 2018Criminal Code (RKUHP) Draft has the goal of renewing sanctions imposed on perpetratorsof narcotics abuse with a rehabilitation system. Narcotics according to Law No. 35 of 2009concerning Narcotics is a substance or drug derived from plants both synthesis and semisynthesisthatcancauseadecreaseorchangeofconsciousness,lossofpainandcancausedependence.Regulations regarding sanctions for the penal system as outlined in the draftRKUHP 2018 are motivated by a number of basic ideas or principles, one of which is theidea of using a doubble track (between criminal and action) so that in the concept there areprovisions that are not in the Criminal Code currently in force, but one alternative criminalis the possibility of combining types of sanctions (criminal and action). In addition point 3 ofthe Supreme Court Circular No. 4 of 2010 regulates that rehabilitation in narcotic crimes iscarried out with integrated assessment, which consists of a team of doctors, namely doctorsand psychologists, a legal team, namely from the police, National Narcotics Agency (BNN),Prosecutors' Office and kemenkumham after issuing a recommendation that someone is aconcurrent user as a dealer or purely as an addict. Barriers to criminal law reformaccording to the RUHUHP 2018 against narcotics abusers with the rehabilitation systeminclude the RKUHP and Rubber Article that makes Narcotics Users sent to Prisons andnarcotics stigma is not a health problem
ANALISIS HUKUM PENYELENGGARAAN PRAKTIK PENGOBATAN TRADISIONAL DI BANDAR LAMPUNG Rissa Afni Martinouva; Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The implementation of traditional medical practices is supported by several regulationsincluding the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerningOrganizers of Traditional Medicine and Law No. 36 of 2009 concerning Health. Thisresearch was conducted using the normative-empirical method. The study population wastaken by purposive sampling according to the research objectives. Data analysis in this legalanalysis research uses qualitative methods. The rules and conditions set for the managementof traditional medical practices in Bandar Lampung City are guided by PerMenKes No. 61 of2016 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 LampungProvincial Health Office Number 442 regarding Guidelines for Developing TraditionalHealth Services in Lampung Province in 2009. The resulting legal analysis is evident from 60respondents that there are 39 people or 65% already know that the traditional medicinewhere they seek treatment already have a permit, this will increase the confidence of patientsto seek treatment to a legal license. The results of the study of 60 patient respondents wereonly 3 people who were given health insurance by traditional medicine providers. While theremaining 57 patient respondents were not given health insurance by traditional medicineproviders. This proves that only 5% of traditional medicine dares to give health insurance totheir patients. Patients or people who seek treatment are basically entitled to healthinsurance in accordance with the legal basis for health insurance. The Bandar Lampung CityHealth Office has not optimally conducted supervision and education on traditional medicinein the Bandar Lampung City. It is hoped that the mayor's regulations will effectively regulatetraditional medical practices, preventive measures, and make patients more selective inchoosing health healing facilities.
PENERAPAN PIDANA KURUNGAN SEBAGAI PENGGANTI PIDANA DENDA TERHADAP TERPIDANA NARKOTIKA Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The provision of imprisonment sanctions as a substitute for criminal fines is expected to be a solution to provide penalties and deterrent effects to prisoners who are unable orunwilling to pay fines, including narcotics convicts. The method used by the normativejuridical approach and analysis is done qualitatively. The results showed that theimplementation of imprisonment as a substitute for criminal fines against convicted narcoticsis applied to those convicted who obviously cannot afford to pay the amount of fines that havebeen determined based on court decisions that have permanent legal force. The inhibitingfactor in the implementation of imprisonment as a substitute for criminal fines againstconvicted narcotics is a system of supervision and guidance. As a suggestion, the quality andquantity of officers in monitoring and coaching needs to be improved
ASPEK PERLINDUNGAN HUKUM ATAS DATA PRIBADI NASABAH PADA PENYELENGGARAAN LAYANAN INTERNET BANKING (Studi Kasus Pada PT. Bank Mandiri Cabang Baturaja) Titie Syahnaz Natalia
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

In this modern era, internet banking services have been widely used by banks inIndonesia. In particular, Bank Mandiri Baturaja Branch has also provided internet bankingservices for its customers. This service can make it easier for customers to make transactions,but this convenience is not always safe for these customers, because with this service many ofthe customers get losses and the customer's personal data can be hacked by hackers / cybercrime. The research question is how the legal aspects of banks in protecting customers'personal data on internet banking services and how the implementation of legal protection ofpersonal data of internet banking customers at PT Bank Mandiri Baturaja Branch By usingthe method of library (Library Research), field research (Field Research) and this researchuses narrative analysis using descriptive data. The results of the study found that the legalaspects of the bank in protecting customers using the internet banking PT. Bank MandiriBaturaja Branch in accordance with applicable law, but at this time the law that governsdirectly about internet banking does not yet exist, but it is associated with other regulations.
ELAKSANAAN FUNGSI DPRD DALAM MENGATUR MEKANISME PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Martina Male
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The system of government in Indonesia according to the 1945 Constitution, based on theexplanation stated that the regions of Indonesia are divided into provincial and provincial regionswill also be divided into smaller areas in autonomous regions. In legal politics, the most essential inthe implementation of autonomous regional government is the granting of the broadest authority tothe regions accompanied by the granting of certain rights and obligations. In the reality in the field,this policy was not implemented in accordance with the provisions of the Act. The lack of optimalpublic services in serving the people in several regions in Indonesia in various fields, includinggovernment agencies, has not yet been able to provide maximum public services, so in this paper willdiscuss how the efforts made by the Regional Government, especially in Gedong Tataan Subdistrict,Pesawaran District in organizing and improving public services based on its Regional AutonomyPrinciple. The efforts made in the discussion and solving problems in this study were carried outusing a juridical / normative approach and empirical approach. The implementation of public policybased on the principle of regional autonomy in the District of Pesawaran District Gedong Tataan isin accordance with Law Number 23 of 2014 concerning Regional Government and Law Number 25 of2009 concerning Public Services, but there are technical obstacles such as the distance from publicservices to one another, less responsive, less informative and lacking coordination in service delivery.Efforts that can be made by the Gedong Tataan District Government in improving the quality ofpublic services are through revitalization, restructuring and deregulation in the field of publicservices. Suggestions that can be given to the Regional Government, especially in the District ofPesawaran District Gedong Tataan in carrying out public services based on the principle ofautonomy are: expected in carrying out the process of implementing public services must be inaccordance with Law Number 25 of 2009 concerning Public Services and expected improvement inthe quality of behavior and professionalism of the apparatus government, creating public servicepolicies that are not too procedural and convoluted, and improve facilities that support qualityservices.
ANALISIS KEDUDUKAN PERATURAN DESA DAN PEMBENTUKAN PERATURAN DESA YANG DEMOKRATIS PARTIPATORIS BAHARUDIN BAHARUDIN
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The position of village regulations after ratification of Law Number 6 of 2014concerning Village Regulations is as Legislation Regulations other than legislation listed inthe hierarchy in accordance with Article 7 paragraph (1) of Law Number 12 of 2011. VillagePostal Regulations ratified by Law Number 6 of 2014 no longer domiciled only as a furtherelaboration of the higher Regulations, but has been placed as recognized legislation. Theformation of a democratic perdes must reflect community participation. will avoid adverseeffects on the village community. Issues regarding How the Position of Village Regulations,How the Democratic Formation of Village Regulations The results of the discussion can beelaborated, The Position of Village Regulations The Hierarchical Legislation System TheVillage Regulatory System is no longer explicitly referred to as a type of regulation. Thismeans that the position of village regulations is considered only as a further elaboration ofhigher laws and regulations, but there is no local government to provide villageempowerment. The process of establishing democratic Village Regulations, Village Headsand BPD, must involve village structures (village officials), RW, RW and communitymembers. Formation of good village regulations, based on the substance of villageregulations, namely: principles of good village governance, namely, legal certainty, orderlyimplementation of village governance, public interests, openness, proportionality,professionalism, accountability, local livelihoods, diversity , and Participation. Suggestionsthat the Village Head and BPD in making village regulations, must be democratic, bypresenting community participation, community leaders, traditional leaders, religiousleaders and women in the village.
IMPLEMENTASI PEMENUHAN HAK-HAK KORBAN PEREMPUAN YANG BERPROFESI SEBAGAI PEKERJA RUMAH TANGGA DALAM UPAYA PENCEGAHAN TERHADAP BENTUK KEKERASAN DALAM RUMAH TANGGA Tian Terina
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Violence is basically a form of crime. Responding to the violence that occurred at thistime was not spared from observations namely about violence that occurred in the household.It is possible that violence can occur to domestic workers because domestic workers areincluded in the scope of the household. The problem in this research is how to implement thefulfillment of the rights of women victims who work as domestic workers in an effort toprevent forms of domestic violence and what forms of legal protection for women who workas domestic workers? This study uses a Normative and Empirical Juridical approach. Theresults showed that the implementation of fulfilling the rights of women victims who workedas domestic workers in an effort to prevent other forms of domestic violence in real steps bythe government and the state was realized through pre-emptive efforts, namely issuingseveral regulations and promoting forms of fulfilling rights . victims in their capacity asdomestic servants. A form of legal protection for women who work as domestic workers.First, the legal protection provided to domestic workers can be divided into two parts,namely: First, formal criminal law protection for domestic workers who have been victims ofcrime, this protection is to obtain legal guarantees or compensation for the suffering or lossof someone who has become a victim of crime, including the right of the victim to obtain thefulfillment of rights. Second, the protection provided in material criminal law is in the form ofprotection to fulfill the rights of those who are victims of violence and their forms andfacilities. Suggestions conveyed by the authors in this study an effort to create a decent worksituation for domestic workers needs to be done. by passing the Domestic Workers ProtectionBill. Endorsement efforts must always be encouraged. This is because it is very important fordomestic workers to be recognized as workers.
KEPAILITAN DEBITUR DALAM PRAKTIK PERADILAN Tami Rusli
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Bankruptcy law is very dominant in protecting the interests of creditors, it can be seenfrom the requirements that must be declared bankrupt namely the existence of two or moredebts, and one of them has matured. Bankruptcy to the Debtor can be granted if the Debtor isno longer able to pay its debts. The problem in this study is how the position of the debtor inbankruptcy in judicial practice. The method used by the normative juridical approach andanalysis is carried out qualitatively. The results showed that the application for bankruptcystatements in both the applicant and respondent's petition was individual, the Court did notconsider the position of the Petitioner or Respondent, the Court only considered the extent ofthe legal relationship that exists between the Petitioner and the Petitioner. and theRespondent in this bankruptcy request. The court considers whether the request for abankruptcy statement is in accordance with the provisions stated in Article 2 paragraph (1)of the Bankruptcy Act, and whether the evidence is simple, the Court is of the opinion that allrequirements are fulfilled
IMPLEMENTASI PERATURAN DAERAH NOMOR 02 TAHUN 2011 TENTANG PAJAK AIR TANAH DI KOTA METRO S. Endang Prasetyawati
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Tax is a potential alternative as a source of state revenue, the tax sector is a veryappropriate choice, in addition to the relatively stable amount, it is also a reflection of theactive participation of the community in financing development. The problem in this researchis how the application of Metro City Regional Regulation Number 02 of 2011 concerningGroundwater Tax. The method used by the normative juridical approach and analysis iscarried out qualitatively. The results showed that the application of Metro City RegulationNumber 02 of 2011 concerning Groundwater Tax in Metro City is currently based on theimplementing regulations as outlined in Mayor Regulation Number 5 of 2011 concerning theimplementation of Metro City Regulation Number 02 of 2011 concerning Groundwater Tax,but in its application in the field has not been implemented optimally. As a suggestion, theMetro City Government should increase the socialization of Regional Regulations onGroundwater Tax in Metro City to the public, especially taxpayers, so that the public knowsthe existence of Regional Regulations, thereby increasing revenue from taxes, especiallyGroundwater Tax.
IMPLEMENTASI PERATURAN DAERAH KOTA BANDAR LAMPUNG NOMOR 01 TAHUN 2011 TENTANG PAJAK DAERAH (Studi Pada Kecamatan Tanjung Karang Pusat) Agus Iskandar
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Tax is a levy from the public to the state (government) based on laws that areenforceable and payable by those who are obliged to pay it with no immediate performance(counter performance / remuneration), the results of which are used to finance stateexpenditure in government administration and development. The problem in this research ishow the implementation of the Bandar Lampung City Regional Regulation Number 01 of2011 concerning Regional Taxes. The method used by the normative juridical approach andanalysis is done qualitatively. The results showed that the enactment of Regional RegulationNumber 01 of 2011 in managing regional own-source revenue with the aim of increasingregional income, and the results of the acquisition of land and building tax for TanjungKarang Pusat Sub-district had not been maximized from the target set due to obstaclesencountered by collectors in tax collection owed to taxpayers because taxpayers object to theLand and Building Tax that is set

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