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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 8 Documents
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Search results for , issue "Vol 8, No 2 (2017): September" : 8 Documents clear
Pelaksanaan Rehabilitasi Pecandu Narkoba Melalui Media Terapi Musik Sebagai Bentuk Implementasi Pasal 54 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika di Lembaga Pemasyarakatan Kelas I Way Huwi Provinsi Lampung Zainudin Hasan
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Drug abuseis increasing every year into serious attention by the government, In order to realize the Indonesian government program free of drugs through rehabilitation addicts very helpful in the prevention of drug crime. Based on Article 54 of Law Number 35 Year 2009 on Narcotics, which Narcotics addicts and Narcotics abuse victims are required to undergo medical rehabilitation and social rehabilitation, to recover the drug addicts in order to return to normal life in the midst of society. Researchers focus on research on social rehabilitation process where in Class IIA Narcotics Prison Class Way Huwi Lampung Province, is more to the religious approach and therapy. While the model of rehabilitation of drug addicts through social rehabilitation, researchers try to do a new rehabilitation method is through music therapy that has two models of active music therapy and passive music therapy. In the active music therapy patients are invited to sing, learn to play using musical instruments, imitate the tones, even make a short song in other words patients interact actively with the music, while the patient's passive music therapy just listening quietly without doing any activity. This study aims to increase community participation in helping drug prisoners to be free from drug trafficking through social rehabilitation; especially through music therapy media to the future can help the government to help liberate the Indonesian people from the dangers of narcotics abuse.
Analisisyuridis Upaya Harmonisasi Antar Lembaga Penyidikan Tindak Pidana Korupsi di Indonesia Ansori ANSORI
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Efforts to the eradication of corruption in Indonesia is carried out for a long time, since the era of the Old Order to the Order Reforms. Significant changes in the understanding and eradication of corruption occurs when the Corruption Eradication Commission (KPK) was formed in 2002 by Act No. 30 of 2002. The establishment of the KPK as an institution are authorized to investigate corruption as the competencies of Police and Attorney. It should be a driving force in the eradication of corruption. Ideally this momentum can be used by other agencies for the investigation of criminal corruption to go hand in hand and give each other encouragement and support so that the corruption in Indonesia can be reduced in number. Apparently, some of the facts shows that the opposite occurs alleged feud "Lizard vs Crocodile" is the momentum for mutual criminalize of the corruption investigation agencies. Disharmony in the investigation of criminal corruption agencies do not supposed to happen because there are laws of each institution to limit each one. Besides, it is necessary for the good cooperation in the eradication of corruption among institutions especially the KPK, the Police and the Attorney so that the number of corruption can be reduced and the corruption can be eradicated from Indonesian society.
Pelaksanaan Kearifan Lokal di Kawasan Wisata Pulau Pahawang, Kabupaten Pesawaran, Propinsi Lampung Zainab Ompu Jainah; Lintje Anna Marpaung
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

 Pahawang Island is one area that has great tourism potential in Pesawaran District, Lampung Province which offers the beauty of a bay with a variety of marine biota and mangrove forests. The abundance of this potential is not supported by an adequate regulation of the development of tourist areas based on local wisdom that regulates local wisdom that exist in the community in relation to the conservation of natural resources in the framework of the development of tourist areas. The problem in this research is how the implementation of local wisdom in the community Tourism Area Pahawang Island, Pesawaran District, Lampung Province? Problem approach is done by normative and empirical juridical method by using primary data and secondary data and also qualitative data analysis. Based on the results of research can be concluded that the local wisdom that occurred on the island of Pahawang be one example of success in saving mangrove forest in Lampung. Pahawang Island Village has Village Regulation (Perdes) Mangrove Rescue which contains about the prohibition and sanction for villagers and migrants who cut down mangrove trees. The Perdes was made citizens not solely because of the success of the NGO's environmental campaign, but because of local wisdom that reappeared.
Pelaksanaan Tindakan Diversi dalam Penanganan Perkara Anak di Bandar Lampung Amelia Dini Asri
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Arrest, detention, and conviction of the child should be the last choice of law enforcement related, to avoid criminal child passed to the formal criminal justice system. It requires alternative problem solving children in conflict with the law through diversion efforts. Practical application the juvenile diversion in Polresta Bandar Lampung have not been fully implemented for all children, especially the criminal case after the release of Secret Telegram Kapolda Lampung No: STR / 22 / XI / 2006 / DITRESKRIM which in practice is still encounter various barriers. Based on the results of the background is at issue in this paper is the case how are the children that can be applied to the act of diversion, how the implementation of the procedure in case of diversion measures Reg No: LP/4574/X/2012 in Polresta Bandar Lampung, and why it happened barriers in the implementation of cases of child diversion in Bandar Lampung.Approach the problem in this study using normative approach and empirical juridical approach though library research, with sources from Polresta Bandar Lampung, Balai Pemasyarakatan (BAPAS) Class II Bandar Lampung and LembagaPerlindungan Anak (LPA). The data were analyzed qualitatively.Case Reg No: LP/4575/X/2012 on behalf of the defendant Yono (not his real name) and Melati (not her real name) has applied for diversion settlement through mediation. Together with BAPAS parties, the victim and the perpetrator parents and LSMs, investigators conduct deliberations to determine peace. After the mediation, Melati’s family declare peace with Yono’s family and has made a statement in the form of peace deal between the Melati’s  family with Yono’s family agreement to pay all labor costs Melati. Peace involves Lurah, RT, Babinkamtibmas, and the Lembaga Perlindungan Anak (LPA). Category of offense punishable by one year should be prioritized for implementation of diversion and criminal offenses punishable 1 (one) to 5 (five) years may be considered for diversion application. Barriers to implementation is the lack of capability of knowledge diversion law enforcement authorities, parties of the society can not be consulted and fully devolved matter son to the authorities, the families of the victim and the perpetrator's family for the difficult compromise, and the lack of full government’s concern about the existence of the Institute of Social and good coordination with the legal advisor.For law enforcement officers are suggested for the benefit of legal protection for the child, then it should have been an excellent coordination between kemasyarakatan counselors, investigators, prosecutors and judges in accordance with the duties and authority as well as their respective functions under the law. Government in handling cases children are many things that must be considered especially things concerning the future of the children themselves so that what is stated in the Indonesia Law of Child Protection and the Indonesia Law Juvenile Criminal Justice System should be actually implemented that can foster children in trouble with the law in accordance with the provisions of the Indonesia Law of Child Protection, so that the imposition of unnecessary imprisonment.
Disparitas Pemidanaan pada Perkara Tindak Pidana Perdagangan Orang Intan Nurina Seftiniara
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Trafficking in persons is already happening for a long time, the oldest written evidence found indicates that this practice has been going on since the sixth century on Roman territory. Today, people trafficking is dominated by women as victims for the purpose of prostitution. Trafficking is happening in the province of Lampung. Lampung not be the locus delicti. Lampung is sending area. Bandar Lampung in cases of trafficking between 2009 and 2012 with the same charges.problems in the writing of this first study, Why happened disparity in the criminal case of trafficking in persons (Trafficking)? second, whether the basic consideration in determining the decision-making to the cause of disparity in the criminal case of trafficking in persons (Trafficking)? Based on the results of research and discussion it can be concluded by the authors, namely: Disparities Punishment In Case Crime of Trafficking in Persons (Trafficking) to be subject to the fore on the cases into the public spotlight or the value of the losses inflicted major factors causing the disparity criminal can juridical terms of theoretical and empirical terms. In terms of theoretical juridical, criminal disparity is due to the existence of freedom and independence of the judge in the 1945 Constitution and the Law on Judicial Power shall exist, the ratio decidendi theory, theory and doctrine of res dissenting opinion pro veritate judicate hebetur. In terms of empirical considerations include the state of the defendant's personality, the social, economic, and public attitudes, as well as in the proof of the facts in the trial can also affect consideration of the judge. The judge himself should not be cut off in indecision and the principle of in dubio proreo, so it appears a criminal disparity. Rationale Judge In Decision Making Up Cause Determination Disparities existence Punishment In Case Crime of Trafficking in Persons (Trafficking). Judicial independence is also a factor of disparity. In Indonesia the principle of independence of judges (judicial discretionary power) is fully guaranteed in Article 1 of Law No. 48 Year 2009 concerning Judicial Authority.
Pengakuan Transaksi Elektronik (E-Commerce) dalam Kerangka Hukum Perikatan dan Kerangka Hukum Pembuktian Angga Riandra Siregar; Guna Yanti Kemala Sari Siregar Pahu
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

E-commerce can be understood as an activity of trade transactions both goods and services through electronic media that provides convenience in the activities of consumer transactions on the internet. So in this context also the inherent legal aspects of the e-commerce mechanism is to interact with the Internet network applications used by parties who make transactions through the e-commerce system.The Consumer Protection Act (UUPK) and the Electronic Information and Transaction Act (UUITE) have been able to provide adequate legal protection for consumers in conducting transactions through e-commerce.In the engagement there is a commitment to do something and not to do anything. What is meant by the engagement to do something is to act in a positive, lawful manner, not violating the law and in accordance with the agreement. While the engagement to not do something that is not to do certain actions that have been agreed in the agreement. Furthermore, the evidence through the law of proof includes several dimensions, such as: the mention of evidences that can be used by the judge to obtain a picture of past events, evidence.
Regulasi Pemerintah dalam Pasar Modal pada Era Otoritas Jasa Keuangan (OJK) Lukmanul Hakim
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The capital market is a very dynamic industry, attractive, constantly changing, which is one element that is a benchmark for economic progress of a country in which traits - traits industrialized countries as well as new industry is the capital market has been growing and developing well. Characteristics is a consequence of the need for an independent regulator and ready to face the dynamics of these changes. Based on Law No. 8 of 1995 on Capital Markets, guidance, regulation, and daily supervision conducted by Bapepam Capital Market which aims to achieve capital market activities orderly, fair and efficient and protect the interests of investors and the public. After the establishment of the Financial Services Authority in which the passing of Law No. 21 Year 2011 on the Financial Services Authority, the agency is an independent body replacing the oversight function performed by BAPEPAM.
Analisis Yuridis Ketentuan Pasal 152 Ayat (3) Undang-Undang Republik Indonesia Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah Mengenai Kewenangan Pembatalan Peraturan Daerah Kabupaten/Kota oleh Menteri Dalam Negeri Anggalana ANGGALANA
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Regional autonomy is the transfer of authority from the central government to local governments in the context of the implementation of government affairs in the region. This also applies to the delegation of authority from the central government to regional governments to administer government affairs in their autonomous regions based on the principle of decentralization and co-administration, as well as the authority in the formulation of regional regulations by the regional government together with the Regional People's Legislative Assembly Regional. Starting from the planning stage, the discussion until validation and enactment must be based on applicable laws and regulations. In addition, the regional regulations should also be coordinated by the regional government to the central government, either the Provincial Government as a representative of the central government in the region or with the central government in this case the Ministry of Home Affairs in order to harmonize with higher laws and regulations equivalent to goals and able to support each other. If in the coordination related to the establishment of the regional regulation is contrary to the principle of legislative formation, the central government has the authority to cancel the regional regulations in accordance with the prevailing laws and regulations.

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