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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.
Arjuna Subject : -
Articles 111 Documents
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Kebijakan Pemerintah Provinsi dalam Mencegah Penyebaran Radikalisme sebagai Upaya Menanggulangi Peperangan Asimetris: Studi Kasus di Provinsi Jawa Tengah Galang Setyawan Aji; Mochammad Afifuddin; Ahmad G. Dohamid
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.39956

Abstract

This research aims to find out about the policies of the Central Java Provincial Government in spreading Radicalism which is important in asymmetric warfare. Asymmetric warfare can occur due to technological advances that are increasingly developing now. The Central Java Provincial Government has made many efforts to tackle radicalism, one of which is Governor Regulation No. 35 of 2022 and many other efforts have been made. Implementation of the policies carried out and the role of the government in creating a safe environment from radicalism. The data sources used are literature, journals, scientific articles, and also websites that are appropriate to this research. There are many challenges that Central Java Province still has to face to prevent this radicalism. Keyword: Provincial Government Policy, Radicalism, Asymmetric Warfare, Central Java Province
Perbandingan Konstitusi Indonesia dan Filipina: Implikasi terhadap Kekuasaan Legislatif di Tingkat Pusat Amran, Intan Riwayaty; Chairany, Chiquita
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.v9i2.39766

Abstract

This research studies the arrangements in the Indonesian and Philippine constitutions regarding the House of Representatives of both countries. As legislative bodies, both have similar functions but their position in the constitutional structure has significant differences. The comparison between the two legislative bodies is examined in terms of their authority, duties and functions, selection of representatives, composition and relationship with other branches of power. The conclusion of this study found that there are indeed differences in the regulation of legislative power in the Indonesian and Philippine constitutions.
Dampak Hukum Pengakuan Terhadap Palestina Menurut Hukum Internasional Deli Waryenti
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.41148

Abstract

Palestine, a country that has received recognition from many nations, faces unique challenges in achieving equal standing with other countries. These challenges include the territory still under the control of Israel and Hamas, a population largely composed of Israeli citizens, and a government structure that is divided between two entities-Hamas and Fatah/PLO. Despite the explicit and de jure recognition from various countries, Palestine's inability to function as a subject of International Law in practice renders this recognition ineffective. On the other hand, Israel has experienced a significant impact from this recognition, notably in the form of damaged diplomatic relations with several countries.
Pemberlakuan Sanksi Terhadap Pengabaian Pengelolaan Limbah B3 Medis Di Indonesia Ayu Putriyana; Shabrina Nasution
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.40098

Abstract

The medical hazardous waste management has been regulated in Indonesian laws, but awareness of its management is still at the lowest level. This can be seen from the open dumping of The Medical waste, processing without a permit, waste burning processes that do not comply with quality standards, lack of processing services, storage of hazardous waste that is not stored in its area, storage areas that do not comply with standards, and termination of the use of incinerators because they do not have a permit. This research analyzes the sanctions for neglect of The Medical (Hazardous) waste management provisions. This research is normative juridical research using a descriptive qualitative approach. The research shows that (1) in the laws governing the management of medical hazardous waste, there are provisions for sanctions related to not managing medical hazardous waste properly which are given in stages starting from written warnings, government coercion, administrative fines, freezing of business licenses, revocation business licensing up to criminal sanctions as an ultimum remidium. In addition, (2) it is undeniable that there are several challenges that are quite complex in the management of medical hazardous waste until the management has not run optimally.
Poligami Tanpa Persetujuan Istri: Implikasi Hukum, Dampak Psikologis dan Analisis Kritis terhadap Pendapat Publik Figur Rema Syelvita; Utami Niki Kusaini
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.40973

Abstract

Polygamy conducted without the consent of the first wife remains a complex legal issue within the framework of Indonesian national law, despite Islamic law permitting the practice under certain conditions. This article aims to analyze the legal implications of polygamy without the wife's consent based on Islamic legal principles and relevant Indonesian legislation. The study employs a normative juridical method, using a statutory and case-based approach by examining relevant court decisions. The findings indicate that such polygamous practices may result in serious legal consequences, including potential violations of justice principles and the protection of women's rights within marriage. Moreover, this practice has the potential to create legal uncertainty and lead to injustice for the affected wives and children.
Kedudukan Mahkamah Konstitusi dalam Proses Perubahan Konstitusi : Suatu Pendekatan Perbandingan antara Indonesia dan Chili
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Constitutional amendment is a necessity to maintain the relevance of a country's basic law, but the process requires a monitoring mechanism to remain in accordance with democratic principles. The role of the Constitutional Court (MK) as the guardian of the constitution is crucial in ensuring that amendments do not deviate from the basic principles of the state. This research aims to comparatively analyse the role of the Constitutional Court in the constitutional amendment process in Indonesia and Chile from the perspective of constitutional law, as well as assess the relevance of Chile's constitutional experience for Indonesia. The research method used is normative juridical with a statutory approach and comparative law. The results of the study show that in Indonesia, the Constitutional Court does not have the authority to examine changes to the 1945 Constitution so that constitutional amendments are entirely the domain of the People's Consultative Assembly (formalistic approach). In contrast, in Chile, the Constitutional Court plays an active role in overseeing constitutional change with the authority to assess the suitability of amendments to fundamental principles (substantive approach), accompanied by a referendum mechanism to ensure popular participation. This comparison confirms that the involvement of the Constitutional Court in the amendment process can strengthen the principle of checks and balances and safeguard democratic values. In conclusion, the Chilean experience is relevant for Indonesia to consider in strengthening its constitutional system, for example through the adoption of a substance testing mechanism for amendments, a referendum, or an unamendable constitutional clause, in order to ensure a more democratic, transparent, and in line with the interests of the people.
Strengthening Legal Awareness in Mitigation: Education and Community Empowerment Study Based on Local Wisdom in Bengkulu Sinung Mufti Hangabei; Rangga Jayanuarto; Fahmi Arisandi
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.39870

Abstract

This research explores the integration of local wisdom in community-based disaster mitigation strategies in Bengkulu, an area prone to natural disasters such as earthquakes and tsunamis. Although local wisdom holds significant potential in reducing disaster risks, there are still gaps in its application within formal mitigation policies. A qualitative approach was used to explore local wisdom practices through ethnographic study, in-depth interviews, and policy document analysis. The findings indicate that while there have been some integration efforts, existing mitigation policies are primarily technical and do not fully account for the potential of local culture as a significant adaptive resource. The study also emphasizes the importance of community empowerment through culture-based education to enhance disaster preparedness and compliance with mitigation regulations. The integration of local wisdom with spiritual principles is expected to provide a strong legal foundation for involving communities in disaster mitigation efforts, creating a more holistic, effective, and sustainable approach
The Consumer Rights Protection in International Digital Transactions: RCEP Implications for Indonesian Law Hafidza Zia; Andre Zanij Deananda
University Of Bengkulu Law Journal Vol. 10 No. 1 (2025): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i1.43003

Abstract

The RCEP agreement was ratified by the Indonesian Parliament on August 30, 2022, covering aspects such as e-commerce and consumer protection in digital transactions. However, its implementation raises issues regarding the protection of consumer personal data and dispute resolution between parties, especially in the appointment of panels. Although Indonesian law has provisions for personal data protection, the institution responsible for supervising and handling cases has not yet been established. Additionally, the appointment of panels for dispute resolution is unclear, which may lead to future problems. While there is existing consumer protection legislation, it is outdated and not suitable for the digital era. The government needs to take an active role in protecting consumers by establishing a personal data protection agency, requesting the establishment of an RCEP Dispute Settlement Secretariat for clarity in panel appointments, and updating the Consumer Protection Law to address digitalization. These steps are essential for safeguarding the people of Indonesia.
Hak dan Peran Masyarakat Dalam Reklamasi Tambang PT TIMAH Tbk : Analisis Partisipasi dan Pengawasan Ramadhan, Himbauan
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.43491

Abstract

Mine reclamation is a legal obligation for mining companies to restore the environment after mining operations. This research examines community participation in the management of mine reclamation at PT TIMAH Tbk, focusing on community rights and roles in the reclamation process. The research method uses a normative juridical approach, analyzing laws and regulations and case studies of reclamation implementation in PT TIMAH Tbk's operational areas. The results indicate that although regulations govern community participation in mine reclamation, implementation still faces obstacles such as limited access to information, limited community capacity, and weak oversight mechanisms. This study found that the effectiveness of mine reclamation is highly dependent on the level of active community participation in all stages of reclamation. The study's conclusions emphasize the need to strengthen regulations that guarantee community participation rights and increase community capacity in mine reclamation oversight.   Keywords: Comunnity; Participation; Mining; Environment; Reclamation.
Perbandingan Hukum Taiwan-Indonesia Berbasis Prinsip CEDAW dalam Upaya Perlindungan PMI Perempuan Nurul Atika, Biyes; Azani, Adila; Claudilla Putri, Rizha
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.45351

Abstract

Various cases of violence, gender discrimination, difficulty in accessing health care and exploitation of migrant workers still occur frequently, especially against women working in the non-formal sector. BP2MI noted that Taiwan is the number 2 highest destination country for PMI after Hong Kong. Indonesia as a member state of the United Nations has ratified CEDAW while Taiwan, which is not a member of the United Nations, has not ratified the convention. This is a challenge in the protection of female migrant workers in Taiwan. Thisstudy comparing the regulation of migrant workers within the legal framework of Taiwan and Indonesia in relation to CEDAW as well as the Indonesian government's efforts to protect migrant workers in the non-formal sector in Taiwan. This type of research is juridical-normative research, the nature of this research is descriptive analytical with a method of approaching laws and regulations and conceptual related to the research topic. The results of the study found that Indonesia tends to emphasize more on comprehensive protection starting from the preplacement process to repatriation and strengthened by the role of BP2MI, emphasizing on aspects of reproduction, gender-based violence, and protection of women from exploitation. Meanwhile, Taiwan emphasizes technical protection during the working period and still faces challenges in providing protection to female migrant workers in the non-formal sector because they have not been accommodated in labor.

Page 11 of 12 | Total Record : 111

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