University Of Bengkulu Law Journal

Telaah Theory Of Pointless Punishment terhadap Psikopat sebagai Pelaku Tindak Pidana dalam Putusan Mahkamah Agung No. 14444 K/ Pid/ 2009

Mardian Putra Frans — Thu, 20 Oct 2022 00:00:00 +0000

This paper discusses the application of the theory of pointless punishment related to psychopaths as criminals using a conceptual approach. The paper argues that psychopaths are part of a mental illness that cannot be criminally responsible as intended in Article 44 paragraph (2) of the Criminal Code. Furthermore, this paper willw explain one of the reasons for the theory of criminal eradication which strengthens the previous opinion that psychopaths cannot be convicted, namely the theory of pointless punishment. Because this theory emphasizes the benefits of giving punishment to those who deserve punishment, psychopaths who are categorized as other mental illnesses cannot be held accountable because they do not get benefits if they receive punishment or punishment.

Keywords: Psychopaths; Accountability; Punishment.

Kajian Filosofi terkait Perlindungan Ekspresi Budaya Tradisional oleh Rezim Hak Cipta

Cheryl Yuswar, Runtung Sitepu, Dedi Harianto — Fri, 21 Oct 2022 00:00:00 +0000

This paper aims to analyze the philosophical basis for the protection of Intellectual Property Rights together with the obstacles and challenges of protecting traditional cultural expressions in Copyright regime. To achieve this goal, this legal research method uses a normative legal writing method with analytical descriptive specifications. Based on the results of the discussion, it can be concluded that the classification of the protection of traditional Indonesian cultural expressions under Law Number 28 of 2014 concerning Copyright is not appropriate because there are conflicting characteristics between copyright and traditional cultural expressions. It is necessary to further examine which Intellectual Property regime is in line with traditional cultural expressions or the preparation of a sui generis system for the purpose of protecting Indonesian's traditional cultural expressions. The placement of the protection of traditional cultural expressions in the appropriate IPR regime or sui generis system is expected to be able to maximize the economic rights that will be received by the owner and/or custodian of traditional cultural expressions.

Keywords: Traditional Cultural Expression, Philosophy, Copyright

Beberapa Aspek Hukum dalam Perjanjian Ekstradisi Antara Indonesia dan Singapura

Deli Waryenti — Wed, 26 Oct 2022 00:00:00 +0000

The extradition treaty between Indonesia which took such a long time contained several legal aspects such as retro-active principles, non-legality, non-change of citizenship, progressive and flexible principles according to the times. However, all legal aspects contained in the extradition treaty which are actually contrary to the law in general, are not necessarily able to return the corruptors who fled to Singapore for several reasons, namely: the agreement that follows the extradition treaty (defense agreement and FIR) is detrimental to Indonesia, the grace period has expired. 18 years is not enough because the corruptors carried out the corruption above 18 years ago, and the corruptors are estimated to have left Singapore and went to other countries that do not have an extradition treaty with Indonesia.

Keywords: Extradition; International; Treaty.

Efektivitas Program Corporate Social Responsibility (CSR) dalam Penanggulangan Dampak Pandemi Coronavirus Diease 2019 (COVID-19)

Kiki Amaliah, Widiya N Rosari — Sat, 09 Oct 2021 00:00:00 +0000

Research on the Effectiveness of the Corporate Social Responsibility (CSR) Program in Mitigating the Impact of the COVID-19 Pandemic was conducted on communities in Regency of Bengkulu Tengah, Bengkulu Province. During the COVID-19 pandemic, many people were affected, especially the economic sector lost their jobs (termination of employment) or are unemployed, and weak public purchasing power which resulted in many businesses being closed or empty of buyers. Research is needed to study or analyze the extent of effectiveness and constraints in implementing the Corporate Social Responsibility (CSR) program during the COVID-19 pandemic so that it has an impact on increasing the welfare of the people in the Regency of Bengkulu Tengah. The research method used is empirical juridical research. The result of this research is the Program CSR during the COVID-19 pandemic in Regency of Bengkulu Tengah was considered ineffective and the obstacles faced in the CSR program were the unclear Standard Operating Procedure (SOP) for companies, the lack of socialization of CSR to the community and the absence of CSR consultants who went directly into the field to find out what we're programs needed by the community.

Keywords: Corporate Social Responsibility (CSR); Covid-19; CSR Effectiveness.