University Of Bengkulu Law Journal

Eksistensi Hukum Lokal Dalam Pengelolaan Sumberdaya Alam Dan Lingkungan Di Tengah Pusaran Ekonomi Global

Nur Sulistyo Budi Ambarini — 2022-08-30

Indonesia is an archipelagic country that has a variety of natural resources that are very
potential as economic resources. These natural resources are found in various regions in
Indonesia. The management of natural resources in each region is generally carried out
according to the local culture in the area concerned. The local rules or laws have basically
been in effect for a long time and have been carried out from generation to generation by the
local community. As is the case in Bengkulu Province which has natural resource potential
with local culture and rules in managing natural resources. Regarding local law, which was
originally a means of managing and utilizing natural resources in the region, at this time,
especially in the era of economic globalization, it is not only dealing with state law (national
law) but also economic and legal issues in the international context. This paper seeks to
examine the problem of how the existence of local law is related to the use and management
of natural resources in the era of economic globalization. The writing of this article is
extracted from several results of legal research that has been carried out using non-doctrinal
legal research methods through a socio-legal studies approach. Based on the results of
research in several locations in Bengkulu Province, applicable local laws relating to the use
and management of natural resources have experienced a shift, although in some areas local
legal values are still believed and become guidelines for local communities. This is because
apart from the enactment of state (national) law, the enactment of regional autonomy is also
due to the need for economic development in the global era.

Faktor Penyebab Terjadinya Diparias Pidana terhadap Penyalahguna Narkotika di Pengadilan Negeri Bengkulu

Herlita Eryke — 2022-08-30

Drugs addict are self-victimizing victims, namely victims and perpetrators of crimes they
commit themselves. The criminal character of a drug addict is a person who is physically
'sick.' One of the parties with a very significant task in the criminal justice system is the judge.
Judges have an essential role in determining the 'fate' of drugs addict in the future. In
criminal decisions, which can be seen from the registration of cases at the Bengkulu District
Court for narcotics abusers, there are many disparities in the verdicts for drugs addict. Some
were sentenced to 5 years, two years, one year, eight months, and six months, and some were
only sentenced to rehabilitation. The differences in the sentencing of different judges raise
significant questions for justice seekers and the general public. Why is it like that? This study
aims to describe the factors that cause criminal disparities for drugs addict. This research
uses socio-legal research methods by collecting data and information and facts from the
symptoms in the field, either through observation, interviews, and documentation. The data
was collected in the form of primary and secondary data, which were selected purposively
according to the characteristics of the data. Data analysis was carried out descriptively with
inductive and deductive approaches. As for the study results, the factors that became criminal
disparities were: facts revealed in court, criminal acts, evidence found at the case scene,
demands of the public prosecutor, aggravating and mitigating matters, and criminal
provisions violated.

Konstitusionalitas Dewan Pers Pasca Putusan Mahkamah Konstitusi terhadap Judicial Review UU Pers

Zacky Antony — 2022-04-30

The issue of the constitutionality of the Press Council has received a lot of attention in recent years. Especially since the Press Council issued regulations in the press sector. Among other things, the Press Council's regulations governing the competency standards of journalists and the Press Council's regulations governing the verification of media companies include administrative verification and factual verification. Many parties consider that the issuance of regulations in the press sector has exceeded the authority of the Press Council as regulated in Law Number 40 of 1999 concerning the Press which became the basis for the formation of the Press Council. The decision of the Constitutional Court (MK) on the petition for judicial review of Law Number 40 of 1999 concerning the Press has had an impact on the life of the national press. The Constitutional Court's decision to reject the judicial review of the Press Law as a whole has confirmed the constitutionality of the Press Council in issuing regulations in the press sector as a reference in the operational level of journalistic work for journalists. This is important so that there is no doubt and confusion in the life of the national press.