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University Of Bengkulu Law Journal
Published by Universitas Bengkulu
ISSN : 25411926     EISSN : 25287656     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
UBELAJ (University of Bengkulu Law Journal) 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.
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Articles 113 Documents
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Implementasi Permenko Nomor 1 Tahun 2022 Dalam Menyalurkan KUR Tanpa Agunan Terhadap Nasabah Di Kota Bengkulu Ganefi; Wafiya
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.36458

Abstract

In order to accelerate the National Economic Recovery (PEN), one of them is to assist indistributing credit to micro, small, and medium enterprises (MSMEs). Based on PERMENKO No. 1 of2022, the government issued a policy: distribution of People's Business Credit (KUR) loan assistanceto Micro, Small and Medium Enterprises (MSMEs) players, providing that the loan prerequisite iswithout collateral. However, in implementing this government policy in the field, it turns out thatcreditors/banks still require that People's Business Credit (KUR) loans made by MSMEs still useadditional collateral, including a 10 million loan and at least one motorbike BPKB. For IDR 50million, the collateral is BPKB car or land/house certificate. Only after the PERMENKO No.1 of 2023issuance did the Bank completely exempt KUR recipients from the additional collateral guaranteerequirements in Bengkulu City.
QUO VADIS PENCALONAN MANTAN NARAPIDANA SEBAGAI ANGGOTA LEGISLATIF Husna, Ameithia Alya; Putri, innayyah Salsabillah; Alfajar, Ahmad Rizky; Rahmat Kurniansya, Ario Bagus
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.30915

Abstract

Every citizen has the right to have a good and responsible leader, this is realized by contesting elections held in democratic countries, including Indonesia. However, in 2022 the Constitutional Court granted a request that former prisoners could run again in elections which could disturb the human rights of every citizen to have a responsible leader. The purpose of this research is to determine the effect of the implementation of this decision on citizens' rights to have good and responsible leaders. The analysis used in this research is qualitative data analysis, namely analysis using literature studies from various existing literature. Meanwhile, the approach method is a normative approach, namely analyzing the operation of a legal norm in actual circumstances. Even though the public has other choices, in democratic ethics the implementation of Constitutional Court decision no. 87/PUU-XX/2022 which provides opportunities for former convicts in elections cannot be justified. This is because the actions of former prisoners have injured Pancasila in terms of humanity and wisdom.
Larangan Ekspor Bijih Nikel menurut Peraturan Menteri ESDM nomor 11 Tahun 2019 dan ketentuan GATT 1994 Al Vionesya, Yolanda; Deli Waryenti; Ari Wirya Dinata
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.33183

Abstract

The ban on nickel ore exports carried out by Indonesia through the Minister of Energy and Mineral Resources Number 11 of 2019 made Indonesia sued at the WTO by the European Union for violating the provisions of the 1994 GATT. This article aims to find out how the validity of the nickel ore export ban based on the Minister of Energy and Mineral Resources Number 11 of 2019 and GATT Provisions 1994. To answer the formulation of the problem, this study uses the literature study method. Legal materials obtained both primary legal materials and secondary legal materials are grouped and arranged systematically. Furthermore, the legal material is analyzed qualitatively to make it easier to draw conclusions. The conclusion that can be drawn in this study is that the ban on nickel ore exports is legal according to the Minister of Energy and Mineral Resources Number 11 of 2019, but is contrary to the provisions of GATT 1994. Keywords: Nickel Ore Export Ban; GATT 1994; WTO.
The Existence of Policy Regulations (Beleidsregel) in the Indonesian Legislative System Patra, Rommy; Syafei, Muhammad; Husna, Muhammad Badarul; Djohan, Muhammad Irwan; Famula, Deea Rizky
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i2.33506

Abstract

The phenomenon of many types of statutory regulations being formed, there is the formation of a number of policy regulations. The main issue related to policy regulations is the issue of accountability and supervision. Because its formation is based on "free" authority, this policy regulation is vulnerable to abuse even though the accountability mechanism is not clear. The problems are: (1) What is the existence of policy regulations related to legal force and the implications that arise from their implementation? (2) How is policy regulation carried out to ensure that there is no abuse of power? This research uses normative legal research methods. Research results: The existence of policy regulations (beleidsregel) was formed not based on attribution or delegation authority from the Constitution and Laws, but was formed on one's own initiative (discretion) in order to resolve the government administration problems faced. Policy regulations are not statutory regulations and are not directly legally binding. The unclear status of policy regulations has the implication that the supervision carried out over them is still not optimal because there are no explicit regulations regarding the supervision mechanisms that can be carried out. To clarify the scope of supervision of policy regulations, there needs to be a revision of Law no. 30 of 2014 concerning Government Administration so that supervision of the use of discretion is not only aimed at decisions and/or actions of Government Officials but also includes supervision of the use of discretion which results in policy regulations. Apart from that, a monitoring mechanism through the judiciary must be sought where the Supreme Court must have consistency in its decisions and provide criteria related to policy regulations that can be tested to control them so that they are not misused. Keywords: discretion; policy regulations; supervision
Kebijakan Transmigrasi di Kabupaten Bengkulu Utara: Perspektif Integrasi Sosial dan Transplantasi Kultural Hamadi, Ibrahim; Heru Susetyo; Satrio Alif Febriyanto; Deden Ardiansyah; Tien Tis’aini Latifah; Feymi Angelina; Najma Izzatul Haq; M. Nurrobby Fatih
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.36855

Abstract

As one of the countries with the highest population in the world, Indonesia has an uneven population density in each region. This condition encouraged the creation of a transmigration policy to create an equal distribution of population density, which has been carried out since the Dutch East Indies colonial period. The transmigration policy transfers the population from areas with high population density to regions with low population density, equipped with land ownership, public facilities, and agricultural capital goods. The transmigration target area has a local population that has been settled for a long time, so there is interaction between the local population and transmigrants as immigrants. This interaction creates new forms of culture in accommodation and assimilation between the cultures of the local population and migrants. However, this interaction does not always positively impact the relationship between the local population and transmigrants because of the local community's resistance to transmigrants as migrants who are considered to pose a threat to the existence of the local population. The problem will be studied in this research using the socio-legal research method with North Bengkulu Regency as the object of research location to understand the pattern of interaction between residents and transmigrants and its impact on cultural formation through field observations to transmigration areas in North Bengkulu Regency and interviews with residents and transmigrants. This research employs Social Integration Theory of Emile Durkheim and the Cultural Transplant theory of Garett Jones. Based on field data and analysis that has been conducted, the relationship between residents and transmigrants runs harmoniously without any conflict between residents while relatively maintaining their respective cultures. However, some habits of transmigrant communities are followed by residents, and there is disappointment among local communities due to the relocation of public facilities after the transmigration policy. Keywords: Transmigration Policy, Bengkulu Utara; Accommodation; Resistance; Local Community
EFEKTIVITAS PENYALURAN ZAKAT SEBAGAI BANTUAN MODAL USAHA KEPADA PEDAGANG KAKI LIMA (PKL) OLEH BADAN AMIL ZAKAT NASIONAL (BAZNAS) DALAM PROGRAM LAHAT PEDULI DI KABUPATEN LAHAT Prayoga, Rendi; Arso, Dimas Dwi Arso; Muslih, Akhmad
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v8i2.37005

Abstract

The poverty rate is still very large in Indonesia, this is due to the still high unemployment rate and this situation is getting worse with the Covid-19 outbreak which threatens the whole world. One of the efforts that can be made by the community in an effort to fulfill their daily needs is to become street vendors (PKL). However, they also have obstacles in running their business because they still have limited capital and this can be helped by providing business capital assistance whose sources of funds come from zakat where the institution that manages zakat funds is the National Zakat Amil Agency (BAZNAS). The purpose of this research is to find out whether the distribution of zakat funds as venture capital assistance to MSME actors by BAZNAS in the Lahat Care program in Lahat Regency has yielded effective results or not. As well as how the responsibility of BAZNAS Lahat Regency in terms of distribution of zakat funds. The type of research used in this research is empirical law. In empirical legal research law is conceptualized as an empirical phenomenon that can be observed in real life, law is empirically a symptom of society, on the one hand it can be studied as an independent variable or cause (independent variable) which gives rise to consequences in various aspects of social life. As a result, from the process of collecting zakat funds to distributing zakat funds to business actors, it has had an effective impact, many have benefited from the Lahat Cares program from BAZNAS. The SIMBA application (BAZNAS Management Information System) is an online integrated application that can be accessed by the public as a form of BAZNAS' responsibility to show transparency.
Replikasi Fungsi Wali Amanat/Agen Pemantau Pada Layanan Urun Dana Peer To Peer Landing Dan Securities Crowdfunding Efek Bersifat Utang/Sukuk Firdinal, Ziffany
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i2.37997

Abstract

This paper tries to compare the Public Offering in Capital Market activities with Crowdfunding activities (Peer to Peer Lending and Securities Crowdfunding on Bond/Sukuk) which are basically identical because the wider community can access offers from borrowers and make funding through platforms that can be accessed by the public. According to the results of research by the Financial Services Authority of Indonesia in 2017, there are inherent risks in the Crowdfunding base on Peer-to-Peer Lending services, namely the risk of default and lack of information for investors, therefore it is proposed to replicate the Bond Trustee Institution which plays a role in protecting the interests Bond/Sukuk offered in a Public Offering in Crowdfunding activities of Peer-to-Peer Lending and Securities Crowdfunding on Bond/Sukuk. Keyword: Crowdfunding, trustee, Securities
Jurnal Hukum KAJIAN YURIDIS PENETAPAN LAHAN MASYARAKAT SEBAGAI TAMAN WISATA ALAM SEBLAT YURISDIKSI AIR RAMI KABUPATEN MUKOMUKO: Perlindungan Hukum Hak Atas Tanah Masyarakat dengan Ditetapkan Sebagai Kawasan Taman Wisata Alam Putra, Deyan Ajian; Sauni, Herawan
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i2.38000

Abstract

Legal issues that occur in the community are related to land tenure issues. On the one hand, land rights are protected by legislation, especially customary rights and property rights. On the other hand, the designation of an area as a Nature Tourism Park must have a certain landscape uniqueness. However, empirical facts show that the designation of Dusun Pulau village community land into the Seblat TWA area is not in accordance with and does not meet the criteria for natural resources determined by law and allegedly does not pay attention to land rights owned by the community. This research examines the validity of the determination of community land into a natural tourist park, especially in the jurisdiction of Mukomuko district. The method used in this research is empirical law and supported by normative legal research with qualitative methods and utilising data collected through primary and secondary sources, literature reviews and interviews both directly and via telephone. The results showed that the Seblat TWA area in the jurisdiction of Mukomuko district did not have natural uniqueness that met the criteria contained in the applicable regulations, besides that the determination was allegedly carried out unilaterally without regard to land rights owned by the community. Keywords: Land rights, Nature Tourism Park (TWA), Validity.
Analisis Yuridis Pembatalan Putusan Arbitrase di Pengadilan Kurniawati, Husni; Nur Hanifah, Salma
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i2.38134

Abstract

The arbitration award results in a final and binding decision. However, an annulment attempt can be made based on Article 70 of the ADR Law which is directed at the District Court. This is contrary to the principle of non-intervention of the court in Articles 3 and 11 of the ADR Law. The urgency of this study is to determine the authority of the court and the use of the provisions of Article 70 in the annulment of an arbitration award after the issuance of the Constitutional Court Decision Number 15/PUU-XIII/2015 and Supreme Court Regulation number 3 of 2023. This study uses a normative legal approach with analytical descriptive research specifications. The sources and types of data used are secondary data collected through literature which are analyzed descriptively qualitatively. The results of the study indicate that the District Court only has the authority to cancel based on the elements of Article 70 of the ADR Law without being accompanied by an act of trying it itself. The use of the provisions of Article 70 of the ADR Law still has different opinions even though the Constitutional Court has issued a decision Number 15/PUU-XIII/2015, as in the Semarang District Court Decision No. 01/Arbitrase/2016/PN.Smg and the Supreme Court Decision No. 480B/Pdt-Sus-Arb/2017. The follow-up to the Constitutional Court decision was then made by Supreme Court Regulation number 3 of 2023 to regulate further. However, the regulation still does not clearly regulate the use of the provisions of Article 70 of the ADR Law which contains criminal elements but is carried out in a civil manner. The ambiguity in terms of evidence related to the norms contained in Article 70 will potentially cause legal uncertainty for justice seekers.
Optimalisasi Capaian Program Jaminan Kesehatan Nasional (JKN) Berdasarkan Tinjauan Maqasid Syari’ah dan Teori Keadilan Hukum : Studi Kasus Kabupaten Rejang Lebong Putra, David Aprizon; Ade Kosasih; Maskurung, Siti Komsiah; Yanto, Tri Gusti
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.38357

Abstract

Health services in Bengkulu Province are still very limited due to the lack of transportation and infrastructure conditions, the number of FKTP (First Level Health Facilities) is still in the category of insufficient, the number of specialist doctors is still very limited, one of which is the case in Rejang Lebong Regency. This is certainly the main problem as well as the root of the problem of the National Health Insurance (JKN) programme services in Rejang Lebong Regency. As an initial finding, there is a legal vacuum in the absence of an umbrella of main laws and regulations at the level of Regional Regulations (Perda). The second is related to legal disharmony, as the existing Regent Regulations have not comprehensively followed the mandate of the regulations above them. This research is an empirical juridical research, aimed at examining and knowing what efforts can be made to strengthen the regional laws and regulations of Rejang Lebong Regency to optimise the achievements of the National Health Insurance (JKN) program based on a review of maqasid sharia and legal justice theory. This research is descriptive analysis, focusing on the analysis of regulations within the scope of the problem theme, trying to harmonise the conditions of JKN service policy regulations that should be established in Rejang Lebong based on the conditions and needs of the Rejang Lebong community. The results of the research found, with a study from 2014 to 2020, found 3 obstacles that inhibit the optimal achievement of the JKN KIS program, the first is the apathy of the community, especially PBI APBN and PBI APBD, the second is the lack of encouragement from stakeholders and interests in socialisation efforts and continuous introduction to the community, the third is that the existing regulations are still experiencing lacunae and disharmony, this is a cause that plays a central role in the failure to optimise the JKN KIS program in Rejang Lebong Regency. Efforts that can be made are to form new local regulations, revise existing Regent Regulations and add Regent Regulations to strengthen local regulations which are the main legal umbrella which certainly prioritises the value of the benefit of the soul (hifz al-nafs) and the benefit of the mind (hifz al-aql).

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