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Jurnal Bina Mulia Hukum
Published by Universitas Padjadjaran
ISSN : 25287273     EISSN : 25409034     DOI : 10.24198/jbmh.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian perspective to global problem. JBMH publishes its content in Bahasa Indonesia as most of the readers and authors will relatively be more familiar with the use legal terminology and avoid some misunderstanding because of the translation to other languages. Nevertheless, we particularly do welcome articles written in English for comparative and transnational law manuscripts due to practicability for expanding reach access to non-Indonesian readers. Named before one of Universitas Padjadjaran’s ‘pola-ilmiah pokok’ or foundational scientific patterns, means to foster the development of law, the openly access journal is managed and prepared by academician and supporting staffs of the Faculty of Law Universitas Padjadjaran to contribute to positive changes in law. This journal is available in print and online and highly respects the publication ethic and avoids any type of plagiarism.
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Articles 279 Documents
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Optimizing the “Fair Use” Policy on Copyright Utilization on Digital Platforms in Support of Academic Innovation Happy Yulia Anggraeni; Erna Listiawati; Yuyut Prayuti
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2360

Abstract

Rapid digital transformation has introduced new challenges related to copyright regulation, especially in the fields of education and research. Rigid copyright policies limit open access to scientific resources, hinder collaboration, and slow down innovation. This study analyzes the impact of “fair use” policies on the accessibility of copyrighted digital resources by academics and the weaknesses of their implementation in Indonesia, accompanied by a reformulation of policies that are more in line with global demands and accelerate access to knowledge. This study fills a gap in copyright research in Indonesia by examining the application of “fair use” policies in the digital context for education and research. Unlike previous studies, this research compares Indonesia's legal system with international best practices, offering more flexible and adaptive policy solutions to digital dynamics. Using a legal-normative approach, combining analysis through legislative, conceptual, and comparative approaches to formulate more relevant copyright policy recommendations. The research shows that “fair use” policies in Indonesia are still limited, causing legal uncertainty in accessing non-commercial scientific materials. Unlike more flexible legal systems in countries such as the US, policies in Indonesia need to be reformed to support open access, innovation, and international collaboration in the academic world.
Gold-Indexed Agricultural Pawn in Islamic Law Perspective: Between Gharar, Riba, and Justice Nurhayati Nurhayati; Ardiansyah Ardiansyah; Ahmad Abbas; Nurpadilla Nurpadilla
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2405

Abstract

The use of farmland as collateral has become a quick financing alternative for rural communities in Majene Regency that lack access to formal financial institutions. This practice is increasingly prevalent and raises legal concerns when the collateral’s value is indexed to fluctuations in the gold price. This study aims to examine how the community implements the farmland pawn scheme linked to gold and to evaluate its compliance with Islamic economic law, particularly regarding elements of gharar, riba, and the principle of justice. This research offers a critical analysis of an agricultural pawn mechanism indexed to gold-an area seldom addressed in Islamic economic law scholarship-by assessing its legal inconsistencies and proposing a reconstructed contract model. A descriptive-qualitative design was employed using a normative-theological approach, supported by field interviews and an extensive literature review to analyse the contractual structure and its legal implications. The study finds indications of riba qardh due to additional repayment without a productive basis, and gharar fakhisy arising from uncertainty about the total debt valuation. These conditions conflict with the justice principle in maqashid sharia, as pawnholders obtain double benefits while pawn-givers incur double losses. The research proposes reconstructing the Rahn contract by applying qardh hasan without additional charges and incorporating a profit-sharing scheme for farmland yields.
Dynamics of Judicial Review of Presidential Candidate Requirements from the Perspective of Citizens' Constitutional Rights Renaldy Eka Putra; Budiyono Budiyono
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2426

Abstract

The presidential threshold in Article 222 of Law 7/2017 has triggered long-standing constitutional debates. While previously upheld as an open legal policy, it is often criticized for limiting citizens' rights to be elected and participate equally in elections. This study aims to analyze the shifting dynamics of the Constitutional Court's stance regarding Article 222 from 2017 to 2025, specifically focusing on the transition from rejecting petitions to granting the judicial review in Decision Number 62/PUU-XXII/2024. This research provides a fresh perspective by tracking the judicial evolution leading to the landmark 2024 decision, highlighting a significant departure from previous jurisprudence regarding presidential candidacy thresholds. The study employs a normative juridical method with doctrinal and decisional approaches, analyzing Constitutional Court decisions directly related to the presidential threshold review. The findings reveal a shift from prioritizing lawmakers' discretion to protecting constitutional rights and equality in presidential nominations. While eliminating the threshold expands political participation and strengthens substantive democracy, it simultaneously creates new constitutional challenges regarding the relationship between the Court and lawmakers.
The Non-Penal Paradigm in Modern Criminal Procedure: A Conceptual Analysis of the Regulation of Actions Beyond the Main Criminal Code in the National Criminal Code Rasina Padeni Nasution; Ali Yusran Gea; Muhammad Yasin Ali Gea; Calvin Calvin
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2445

Abstract

The enactment of the National Criminal Code (Law Number 1 of 2023) introduces a significant conceptual development in Indonesian criminal law through the formal recognition of measures (maatregel) as non-penal responses to criminal acts. This study examines the conceptual problem underlying the separation between punishment and measures, questioning whether measures function merely as complementary instruments or represent a paradigmatic reconfiguration of the objectives of criminal law. Using a normative juridical method with statutory and conceptual approaches, this research analyzes the theoretical foundation of measures within the framework of modern penal policy and the dual track system. The study argues that the regulation of measures reflects a structural shift from a retributive orientation toward a model emphasizing correction, rehabilitation, and social protection. Conceptually, measures reposition criminal law as an adaptive mechanism that integrates legal certainty with proportionality and preventive rationality. The novelty of this research lies in clarifying the analytical role of measures as an autonomous conceptual category that reshapes the relationship between culpability, responsibility, and state intervention beyond conventional punitive logic. These findings demonstrate that the new KUHP not only expands judicial discretion but also redefines the function of criminal law in addressing complex social harms.
Beyond Physical Accessibility: Legal Barriers to Digital Ticketing Systems for Visually Impaired Commuters Arikha Saputra; Budi Santoso; Budi Ispiyarso; Sapto Budoyo; Antono Adhi
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2448

Abstract

This study examines the implementation and legal barriers of digital public transportation ticketing systems for visually impaired passengers in Indonesia. While transportation digitalization offers benefits to most users, visually impaired individuals face significant challenges due to unfriendly application designs and regulations that do not facilitate comprehensive digital access. Digital ticketing systems are often incompatible with screen-reading devices, lack voice capabilities, and lack regard for universal design principles. The uniqueness of this study lies in its focus on the legal aspects and imperfections in regulatory implementation, rather than solely on the technical limitations often discussed in previous studies. The method used is normative juridical, employing a legal analysis approach to Law Number 8 of 2016 and related regulations. The results indicate that although national law guarantees the right to accessibility, its implementation in digital ticketing services remains inadequate, both in terms of technical regulations, oversight, and sanctions for service providers who fail to comply. This study suggests the need for digital accessibility standardization, increased technical understanding of service providers, and affirmative policy support to make transportation systems more user-friendly for people with disabilities, especially the visually impaired.
The Dilemma of Wiretapping in Corruption Crimes in Indonesia: A Legal Reform Perspective Based on Human Rights Artha Febriansyah; Suci Flambonita; Desia Rakhma Banjarani; Vera Novianti
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2525

Abstract

Introduction to the Problem: Wiretapping in corruption cases serves as a vital instrument to uncover concealed and systemic crimes; however, its application raises constitutional and ethical concerns, particularly regarding the protection of privacy and human dignity.Purpose/Study Objectives: This study aims to examine the legal and political framework of wiretapping in Indonesia and to propose a human rights–based legal reform. Novelty: This study offers a reformulation model of wiretapping regulation grounded in a constitutional and human rights analytical framework, integrating the principles of legality, necessity, and proportionality.Methodology: This research employs a normative-juridical method using statutory, conceptual, and comparative approaches, supported by the analysis of judicial decisions and legal doctrines.Results/Findings: The findings reveal that wiretapping regulations in Indonesia remain fragmented across sectoral laws, leading to legal uncertainty and potential abuse of authority. This study proposes the establishment of a comprehensive Wiretapping Act regulating authorization procedures, limits surveillance powers, data governance, and independent mechanisms. Judicial authorization and strict limitations on the scope and duration of interception are essential to ensure accountability. By incorporating constitutional principles and international human rights standards, this reformulation positions wiretapping as a legitimate investigative tool while safeguarding fundamental rights within a democratic rule of law.
Reforming Patent Law in the Age of Artificial Intelligence Muhamad Rizal; Sinta Dewi; Agus Taryana
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2533

Abstract

The rise of AI as a creator challenges patent law's human-centered perspective, which exclusively sees creators. AI innovations aren't covered by Indonesia's Patent Law No. 13 of 2016. The national patent system is confusing concerning who invented, owns, and is liable. This paper examines the normative opportunities and problems of revising Indonesia's patent system to include AI-generated ideas while retaining legal clarity, equity, and international intellectual property norms. This work uses normative and comparative legal analysis to support a progressive patent system reform in Indonesia by introducing a hybrid inventorship model that recognizes human–AI collaboration. This study uses statutory, conceptual, and comparative frameworks for normative juridical research. It analyses primary, secondary, and tertiary legal materials, including Indonesia's patent legislation, WIPO recommendations, and comparative jurisprudence from the US, EU, and China. Our study reveals that Indonesia's patent laws are still anthropocentric and unsuited for AI-generated ideas, producing legal ambiguity and insufficient innovation incentives. Some countries have human inventors but are incorporating AI-assisted inventions. Indonesia must restructure its legal system with a hybrid inventorship strategy that ensures responsibility, transparency, and technological adaption.
Business Judgment Rules in Bankruptcy Cases and the Never-Ending Cycle of Judgment Fajar Sugianto; Astrid Athina Indradewi; Shintaro Tokuyama
Jurnal Bina Mulia Hukum Vol. 11 No. 1 (2026): Jurnal Bina Mulia Hukum Volume 11 Number 1 September 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v11n1.2587

Abstract

The Business Judgment Rule (BJR) serves as a legal doctrine that protects corporate directors from personal liability for business decisions made in good faith, with due care, and in the best interests of the company. Nevertheless, the scope of such protection remains uncertain, particularly when a company enters bankruptcy proceedings and management decisions are alleged to have contributed to the company’s financial failure. Although Indonesian law recognizes both directors’ liability and the BJR under the Limited Liability Company Law, its application in bankruptcy-related disputes remains limited and inconsistent, resulting in legal uncertainty regarding the circumstances under which directors may still invoke BJR protection. This study aims to examine the limitations of the BJR in bankruptcy contexts and to identify the conditions under which the doctrine ceases to protect corporate management. The research employs a normative legal method through doctrinal analysis of statutory regulations, court decisions, and legal commentaries from Indonesia and selected comparative jurisdictions. The findings indicate that the principal limitation of the BJR lies in the legality of the management decision itself. Courts generally uphold BJR protection when directors act in good faith, exercise due care, and pursue the company’s interests within the boundaries of the law. However, where a decision involves a violation of legal norms, BJR protection is no longer available, even if the decision was intended to benefit the company. Accordingly, the legality requirement functions as a fundamental threshold for the application of the BJR, including in bankruptcy proceedings. This study contributes to the development of a more coherent doctrinal framework for determining directors’ liability in bankruptcy cases and clarifying the legal boundaries of BJR protection in Indonesia.
Minangkabau Women's Land Ownership Rights in the Digital Era Hazar Kusmayanti; Sonny Dewi Judiasih; Hyung-Jun Kim
Jurnal Bina Mulia Hukum Vol. 11 No. 1 (2026): Jurnal Bina Mulia Hukum Volume 11 Number 1 September 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v11i1.2728

Abstract

In the Minangkabau matrilineal system, women hold a central position as the main heirs of high inheritance and the guardian of the nation's sustainability. However, in practice, customary land management authorities and dispute resolution processes are still dominated by men, especially mamak and indigenous elites, so women's substantive rights are often not fully guaranteed. This study aims to analyze the implications of land digitalization policy on the recognition and protection of Minangkabau women's land ownership rights, as well as examine how customary land dispute resolution works in the context of legal pluralism between customary law, Islamic law, and national agrarian law. The method used is normative juridical with a conceptual and legislative approach, supported by case examples and empirical data related to customary land registration and the implementation of PTSL in West Sumatra. The results of the study show that the transformation of land services through the Complete Systematic Land Registration (PTSL) program and the implementation of electronic land certificates opens up opportunities to strengthen the legal certainty of land rights, but at the same time presents new risks for the sustainability of customary land and the bargaining position of Minangkabau women if the individual ownership paradigm is applied rigidly. Land digitalization has the potential to strengthen legal certainty and documentation of women's rights if the categories of customary communal rights are adequately accommodated and women's consent mechanisms are institutionalized. On the other hand, if regulatory design and bureaucratic practices ignore the communal character of customary land and matrilineal structure, digitalization can actually accelerate the fragmentation of inherited land and weaken the position of women in the control, utilization, and settlement of land disputes.

Page 28 of 28 | Total Record : 279

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