University Of Bengkulu Law Journal https://ejournal.unib.ac.id/ubelaj <p><strong>University of Bengkulu Law Journal (UBELAJ) </strong>aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Medical Law, Environmental Law and another section related contemporary issues in law. UBELAJ publish twice in a year, April and October. </p><p><a title="Sinta" href="https://sinta.ristekbrin.go.id/journals/detail?id=5407" target="_blank"><img src="https://journal.ipb.ac.id/public/site/images/kaswanto/Sinta5_OK_resize.png" alt="" /></a></p><div class="separator"> </div> UNIB Press en-US University Of Bengkulu Law Journal 2541-1926 <a href="http://creativecommons.org/licenses/by-sa/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by-sa/4.0/88x31.png" alt="Creative Commons License" /></a><br />This work is licensed under a <a href="http://creativecommons.org/licenses/by-sa/4.0/" rel="license">Creative Commons Attribution-ShareAlike 4.0 International License</a>. Analisis Kekerasan Terhadap Orang Lanjut Usia (Lansia) Perempuan di Indonesia https://ejournal.unib.ac.id/ubelaj/article/view/26324 <p><em>The problem of violence against women in Indonesia is basically still a mystery that has not been fully resolved by either the government or social organizations concerned with the issue. Violence against women is one of the main problems in the study of Anthropology which also intersects with the studies of feminism, gender equality and gerontology. This problem actually does not only occur in Indonesia, but also throughout the world. At present, violence against women is considered a serious case in Indonesia, because until now these cases of violence are still occurring and even tend to increase and are more varied. Therefore, in this paper, we will discuss violence against elderly women in Indonesia. This study uses a normative juridical research method with a conceptual approach. The results of this study are that elderly women are considered more likely to be victims of violence than elderly men, because elderly women are considered weak, very dependent on other people, unproductive and a burden on the family. The forms of violence against the elderly in Indonesia include; Physical violence, Psychological violence or Emotional violence, Sexual violence, Financial exploitation and Neglect. Violence against elderly women in Indonesia itself is difficult to reveal because it is in the domestic realm of the household which is personal in nature.</em></p> <p><em>Keywords: violence, elderly, women</em></p> Melanie Pita Lestari Fransiska Novita Eleanora Zulkifli Ismail Copyright (c) 2023 Melanie Pita Lestari; Fransiska Novita Eleanora, Zulkifli Ismail https://creativecommons.org/licenses/by-sa/4.0 2023-04-04 2023-04-04 8 1 1 14 10.33369/ubelaj.8.1.1-14 Rekonstruksi Hukum Terhadap Kebijakan Penyelenggara Pemerintahan Nagari Dalam Masyarakat Heterogen Di Sumatera Barat (Studi Pada Nagari Gagut Di Kabupaten Agam) https://ejournal.unib.ac.id/ubelaj/article/view/24171 <p><em>The Nagari Government is the lowest government and the implementation of the Nagari government is based on the traditions and socio-culture of the people of West Sumatra. The form of the Nagari Government has been regulated through the West Sumatra Provincial Regulation Number 7 of 2018 concerning Nagari. The development that occurs from a homogeneous society to a heterogeneous society has the potential for social change both internally and externally. This social change is influenced by various factors, including population transmigration, marriage, and the economy that forces people to settle in the area. The increase in heterogeneous society certainly gives rise to heterogeneous villages in West Sumatra. The results of the first study, the form of legal construction of the village administration policy can be done in an argumentum a contrario. This legal construction is the right model where in order to achieve all the interests of the community in the local nagari, legal discovery can be made by agreement (buek arek) with due regard to local wisdom. Second, the policies in the Nagari Government are special and different from the general village regulations and are based on the values ‚Äč‚Äčthat have been integrated into the Nagari environment..</em></p> Delfina Gusman Alsyam Alsyam Copyright (c) 2023 Delfina Gusman, Alsyam Alsyam https://creativecommons.org/licenses/by-sa/4.0 2023-04-05 2023-04-05 8 1 15 34 10.33369/ubelaj.8.1.15-34 Telaah Asas Geen Straf Zonder Schuld terhadap Pertanggungjawaban Pidana Penipuan melalui Modus Ritual Mistis https://ejournal.unib.ac.id/ubelaj/article/view/25336 <p>Criminal act only refer to being prohibited and punishable by a criminal act. The principle of responsibility in criminal law is not to be punished if there is no mistake (Geen straf zonder schuld). This principle is not stated in written law but in unwritten law this principle applies. In the current era of globalization and technological developments, it does not immediately change the mindset of people to think rationally and modernly. But many Indonesian people without exception, educated or not, believe in mystical things. In crime, all parties can be subject to punishment, including in terms of assisting criminal acts. The purpose of this study is to formulate the norms of delict for fraud and to examine the geen straf zonder schuld principle of criminal liability for fraud through mystical rituals. The approach method used in this writing is a normative and statutory approach and a conceptual approach. The formulation of the problem in this paper is how to formulate the norms of delict delict through mystical rituals and how to study the geen straf zonder schuld principle of criminal liability for fraud. The conclusion of this study is that the formulation of the norm for delict acts of fraud lies in the ways and efforts that have been used by the perpetrators of the offense to move others to believe in something like mystical, supernatural things and the geen straf zonder schuld principle of criminal liability for fraud shows that the principle this is not stated in written law but in unwritten law this principle applies.</p> Ahda Muttaqin Elmina A Herysta Faisal Faisal Pratama Putra Sadewa Copyright (c) 2023 Ahda Muttaqin, Elmina A Herysta, Faisal Faisal, Pratama Putra Sadewa https://creativecommons.org/licenses/by-sa/4.0 2023-04-06 2023-04-06 8 1 35 51 10.33369/ubelaj.8.1.35-51 Problematika Pelaksanaan Pembukaan Undang-Undang Dasar 1945 dalam Segi Nilai Kebangsaan pada Genrasi Z dan Alpha https://ejournal.unib.ac.id/ubelaj/article/view/26603 <p>This article aims to describe the problems of the implementation of the Preamble to the 1945 Constitution with the target point of&nbsp; declining National Values in generation Z and Alpha Indonesia in the Digital era after the Covid-19 pandemic and analyze the urgency of implementing the Preamble to the 1945 Constitution, one of which is educating the nation's life.&nbsp; as one of the efforts to save generations of Indonesians. This article was compiled using the library review method, focusing on the Indonesian generation. Researchers collect data from a variety of sources, such as journal articles, books, and other related sources. The results of this study show that the decline in the value of nationality has escalated, especially after the occurrence of Covid-19, which was marked by many generations of Indonesians who did not know the value of nationality and this caused problems with the implementation of the Preamble to the 1945 Constitution. Covid-19 is a pandemic that has affected the decline in awareness of generation Z and Alpha in addition to all this is a shared responsibility. The attention that should be paid to generation Z and Alpha is not only imposed on educational institutions. However, this is also the responsibility of parents, the Government and community leaders. In addition, other results show that if we do not save generation Z and Alpha, it will have an impact in the future that the successor of the Indonesian nation has regressed because it does not know the value of its own nationality and does not even know its identity as a good Indonesian citizen in fighting for and achieving efforts to educate the nation.</p> <p><strong>Keywords: Covid-19</strong><strong>, Generation, National Values</strong></p> Elsa Kristina Hutapea Puguh Santoso Halomoan FS Alexandra Copyright (c) 2023 Elsa Kristina Hutapea, Puguh Santoso, Halomoan FS Alexandra https://creativecommons.org/licenses/by-sa/4.0 2023-07-23 2023-07-23 8 1 52 67 10.33369/ubelaj.8.1.52-67 Hak Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana Kekerasan Seksual https://ejournal.unib.ac.id/ubelaj/article/view/28848 <p><em>Restitution arrangements are still lacking in terms of fulfilling the rights of victims of criminal acts. It is necessary to study the application for the right of restitution given to children as victims of criminal acts of violence and the legal consequences of restitution not being paid by the perpetrators. This study uses a type of normative research. The collection of legal materials was carried out using literature study techniques and analyzed using descriptive analysis. Government Regulation Number 43 of 2017 does not regulate coercion if the perpetrator is unable to carry out restitution, so there is no guarantee that restitution can be paid to a child as a victim of a crime. Therefore, this causes no certainty for children who are victims of criminal acts to receive restitution and imposition of sanctions against perpetrators of criminal acts who do not pay restitution in accordance with court decisions that have permanent legal force. Restitution in Law Number 12 of 2022 concerning Crimes of Sexual Violence emphasizes that in the event that the confiscated assets of the convict are not sufficient to pay restitution, the convict will be subject to a replacement prison sentence which does not exceed the threat of the principal sentence. The state then provides victim compensation.</em></p> Benget Hasudungan Simatupang Clarita William Sudirman Sitepu Pipi Susanti Copyright (c) 2023 Benget Hasudungan Simatupang, Clarita William, Sudirman Sitepu, Pipi Susanti https://creativecommons.org/licenses/by-sa/4.0 2023-04-08 2023-04-08 8 1 68 78 10.33369/ubelaj.8.1.68-78 Pertanggungjawaban Pidana Pelaku Pengadang Laju Ambulans Pembawa Pasien Emergency Perspektif Peraturan Perundang-Undangan https://ejournal.unib.ac.id/ubelaj/article/view/27238 <h4>ABSTRACT</h4> <p><em>This article aims to identify and analyze in determining the perpetrator's mistakes and the application of criminal sanctions for the perpetrators of blocking the speed of ambulances carrying Emergency Patients. The type of research used is normative juridical, with a normative and conceptual approach. Primary legal material comes from Act Number 22 of 2009 concerning Road Traffic and Transportation. Secondary legal material in the form of publications about law other than official documents. The material collection is carried out by tracing sources on the internet and in printed form, the material is inventoried and grouped based on type classification and relevance. Described, analyzed deductively and/or inductively to draw conclusions and answer legal issues in research. Obstacles to the speed of ambulances carrying emergency patients often occur in various parts of Indonesia, even though these vehicles have priority rights that must take precedence over their speed on the road, as stipulated in the law on traffic and road transport. This act could have occurred from the attitudes and behavior of the perpetrators who were inhumane, indifferent, arrogant, insensitive, and irresponsible towards others. As a result, there are priority rights of road users that are neglected, harm the interests of patients, and even risk the patient dying before reaching the intended healthcare facility. A situation like this is of course very concerning to all parties. The imposition of social sanctions in the form of clarifications and apologies to the aggrieved parties does not guarantee a deterrent effect and may set a bad precedent in law enforcement going forward. The perpetrators must be sanctioned to be held accountable for their actions based on the applicable law, as a preventive and repressive effort in the future.</em></p> <p><strong><em>Key words</em></strong><em>: Ambulance, Law, Responsibility. Criminal.</em></p> Asep Suherman Susi Ramadhani Copyright (c) 2023 Asep Suherman, Susi Ramadhani https://creativecommons.org/licenses/by-sa/4.0 2023-04-25 2023-04-25 8 1 79 97 10.33369/ubelaj.8.1.79-97