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Bengkoelen Justice : Jurnal Ilmu Hukum

j_bengkoelenjustice
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Published by Universitas Bengkulu

ISSN : 20883412 EISSN : 26862867 DOI : https://doi.org/10.33369/j_bengkoelenjust

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Bengkoelen Justice is a peer-reviewed professional journal with the editorial board of scholars mainly in applied law. It is published by the Postgraduate Program of Law, Universitas Bengkulu, Indonesia with the ISSN (Online) : 2686-2867 and ISSN (print): 2088-3412 The journal seeks to disseminate research to educators around the world and is published twice a year in the months of April and November. The newest template has been published since Volume 9(1): April 2019.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol 11, No 1 (2021): April 2021" : 10 Documents clear

JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW Fauzi Fauzi; Subanrio Subanrio; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.

CANCELLATION OF LAND OWNERSHIP RIGHTS CERTIFICATE IMPLEMENTED BY THE LAND OFFICE OF BENGKULU CITY Okta Orlando; Hamdani Ma'akir; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aimed to determine the procedure implemented in the cancellation of land ownership certificates implemented by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province, which was based on the Supreme Court Decision Number: 814K/PDT/2009 that has permanent legal force. The type of study used was juridical empirical legal research with descriptive characteristic, meaning that the research aimed to explain the procedure for the cancellation of a land ownership certificate by looking at the conformity between the applicable legal rules and those applied in the process of canceling a land ownership right. The approach applied in this study was qualitative, which is an analysis that describes the applicable regulations, then linked them to the cancellation of the certificate, the analysis was formed by words based on the technique of collecting and analyzing the relevant data obtained from the implementation of the procedure for cancellation of land ownership rights. While the populations in this study were the litigants and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province. Primary data collection was carried out by using semi-structured interview technique. Then the primary and secondary data were analyzed by using qualitative descriptive analysis. The results of this study showed that the certificate cancellation had been in accordance with the applicable procedures. Suggestions that can be given were that the cancellation of the certificate of land ownership rights must fulfill all formal requirements in implementing the cancellation of land ownership rights.

PROTECTION OF SELF-DEVELOPMENT RIGHT FOR CONVICTED CRIMINALS IN THE ENVIRONMENT OF CLASS IIA CORRECTIONAL INSTITUTIONS OF BENGKULU Henny Wins; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The correctional institutions developing nowadays adopts a penal system that is more educating and fostering. Formerly, correctional institutions adhered to a prison system that was more of a punishment for crimes committed by the criminals. In general, fostering the prisoners aims to make prisoners to be fully human through the strengthening of faith (mental endurance) as well as to foster the prisoners to be able to integrate naturally in prison and in a wider life (community) after serving their convictions. This study on the protection of self-development right for convicted criminals in the environment of class IIA correctional institutions of Bengkulu was an empirical legal research that aimed to find out and to analyze the implementation of protection of self-development right for prisoners as well as to find out and to analyze the obstacles faced in implementing the protection of self-development right for prisoners in the environment of class IIA correctional institutions of Bengkulu. Data sources of this research were primary and secondary data. Data collection methods applied in this study were interviews and documentation. The data processing method used was descriptive qualitative. From the results of the study, it was revealed that: 1) the implementation of the fulfillment of juvenile prisoners’ right to obtain education at the class IIA correctional institutions of Bengkulu had not been fully fulfilled. To fulfill the educational process, there are Program Kejar (Kelompok Belajar/Study Group) of Package A (equivalent to elementary school), Package B (equivalent to junior high school), and Package C (equivalent to high school) as a series of processes for fulfilling the right for education for juvenile prisoners. But the program had not run optimally according to standards set by the government. Most of the juvenile prisoners make self-taught learning; 2) in the implementation of the education process in prisons, there were several factors that become obstacles in its implementation. These factors included the lack of partners to carry out the process of fulfilling the right for education, the facilities available in correctional institutions were inadequate, the limited teaching staffs provided by the local Education Department, lack of supervision on juvenile prisoners if they were pursuing education outside correctional institutions, as well as minimal budget allocations for educational purpose in correctional institutions.

DISPUTE RESOLUTION OF INHERITANCE DISTRIBUTION FOR THE SUBSTITUTE HEIR IN TERMS OF ISLAMIC LAW Putri Larasati; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study was aimed to determine the settlement of disputes regarding the distribution of inheritance to substitute heirs left by their grandparents in terms of Islamic law and to determine the position of substitute heirs for the assets according to Al-Quran and Hadith provisions. The data collection technique used in this study was a normative legal research methodology based on a literature study. From this research, it is known that (a) The rights of grandchildren as substitute heirs to replace their deceased parents are the same as the rights which obtained by their mother's sister. It caused by the 2 sons and 3 daughters so that the distribution of inheritance is based on a ratio of 2:1. In accordance with the provisions of Q.S An-Nisaa'/7:4. To give the inheritance to a grandchild who replaces their deceased parents’ position, he/she can use a mandatory will so that he/she can receive the inheritance left by their grandparents. And if there is a dispute regarding the distribution of inheritance to the replacement heirs, it should be resolved by a mediation process as a tools of dispute resolution because it is considered as faster, easier, and less costly than the litigation process, (b) Al-Quran does not regulate the provisions regarding substitute heirs, but the Article 185 of the Islamic Law Compilation stipulates that the substitute heirs can replace their parents and the asset share of substitute heirs,must not exceed the share of the heirs which is equal to was replaced.

JURIDICAL REVIEW OF THE FACILITATION OF COMMUNITY PLANTATION DEVELOPMENT BY PLANTATION COMPANIES Lestariana Marwassari; M. Yamani; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The government regulates the facilitation of community plantation development as much as 20% of the area of rights by plantation companies. This provision which is the obligation of the company was still not regulated in a clear and firm legal arrangement so that it created multiple interpretations in its application. Based on this matter, the writer was motivated to analyze the legal arrangements for the facilitation of community plantation development by plantation companies and the obstacles encountered in the implementation. The plantation company which was the focus of the research was PT. Pamor Ganda with Business Right (known as HGU in Indonesia abbreviation) Number 16/1989 by studying the HGU extension document. This was a normative research with a statutory approach. The method of analysis performed was content analysis, then the interpretation was carried out to understand the conclusions. The results showed that legal arrangements in the land sector, Micro, Small, Medium Enterprises (MSMEs), and plantations had not been able to solve the problems that exist in the implementation of facilitation of community plantation development by plantation companies. The company's obstacle was that the plasma farmers' plantation area around the companies’ plantation area had not been able to meet the 20% area requirement. While PT. Pamor Ganda had fulfilled its obligation to facilitate community plantation development by releasing its 114 hectare of HGU area.

THE IMPLEMENTATION OF CHILDRENADOPTION LICENSING IN THE BENGKULU PROVINCE BASED ON GOVERNMENT REGULATION NUMBER 54 OF 2007 CONCERNING THE IMPLEMENTATION OF CHILDREN ADOPTION Willy Purnama Hidayanti; Edra Satmaidi; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The State and the Government are obliged and responsible for the orderliness of children adoption practices, both in terms of administration and legal certainty. Therefore several policies were issued through legislation and jurisprudence that regulates and handles the issue of children adoption. The implementation of children adoption must be based on Government Regulation of the Republic of Indonesia Number 54 of 2007 concerning Children Adoption. This study aims to get an overview and explanation of the Implementation of Licensing for ChildrenAdoption in Bengkulu Province Based on Government Regulation 54 of 2007 concerning the Implementation of Children Adoption. The children adoption process requires regulations that are in accordance with the Laws and Government Regulations and needs control of how they are implemented in the field. In addition to the Social Department of Bengkulu Province as the technical executor of adoption activities, it is necessary to establish a Regional Consultation Team for Children Adoption (known as PIPA in Indonesian abbreviation), to avoid irregularities in the process of implementation of children adoption, such as the adoption of children carried out without proper procedures, falsification of data and the existence of child trafficking, so the goal of adopting a child for the best interests of the child is not achieved. In analyzing the data in this thesis, the researcher applied a qualitative juridical analysis approach that describes the picture of the data obtained by researcher in the field and connects with each other to get a general conclusion. From the results of the qualitative juridical analysis, it can be seen and obtained inductive conclusions, namely the way of thinking in taking conclusions in general was based on facts that are specific. Data collection methods in this study were done through in-depth interview techniques, observation and documentation.The informants in this study were determined by selecting informants who comprehended and were directly involved in the implementation of child adoption programs. The informants consisted of the Head of Social Rehabilitation Division at the Social Department of Bengkulu Province, Head of Children and Elderly Social Rehabilitation Section at the Social Department of Bengkulu Province, Head of ChildrenProtection Section of the Women Empowerment Department and Children Protection in Bengkulu Province, Children Social Workers and Parents or Prospective Adoptive Parents who follow procedural for children adoption in accordance with applicable regulations. Data processing and analysis were conducted through data reduction, data presentation and conclusion drawing.

LEGAL PROTECTION TOWARDS EXPORTERS AND IMPORTERS IN INTERNATIONAL TRADE TRANSACTIONS USING LETTER OF CREDIT (L/C) AS A PAYMENT SYSTEM AT PT. BANK MAYBANK INDONESIA TBK BRANCH OF BENGKULU Dinda Estasari; Widya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aims to examine and to analyze the legal protection of exporters and importers in international trade transactions using Letter of Credit (L/C) as a payment system at PT. Bank Maybank Indonesia Tbk branch of Bengkulu. The type of this study was normative legal research with descriptive analytical research design. The result of this study indicated that in an international payment system that used L/C, both exporters and importers were protected, thus exporters did not have to worry about their goods not being paid for, while importers did not need to worry that the goods they bought did not arrive or that they would lose payment, because the bank would guarantee this matters if the required documents were appropriate. PT. Bank Maybank Indonesia Tbk branch of Bengkulu, in protecting its customers, must have considerations both based on the provisions of national banking regulations and based on the applicable banking practices. The efforts made by banks to protect exporters and importers were such as banks have to implement good corporate governance, apply Know Your Customer principles including the principle of prudence in providing L/C facilities, apply the Know Your Employee principle. Moreover, it was necessary to apply optimal sanctions in case of violation of procedures. The L/C arrangements at PT. Bank Maybank Indonesia Tbk branch of Bengkulu adheres to UCP 600 so that it can avoid differences or misinterpretation between the transacting parties as far as possible.

THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY AS A LEGAL OBLIGATION FOR PLANTATION COMPANIES IN SELUMA REGENCY M. Alvin Azhari; Widiya N. Rosari; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aimed to examine and analyze the implementation of corporate social responsibility as a legal obligation for plantation companies in Seluma Regency carried out by PTPN VII of Padang Pelawi Business Unit. The type of this study was juridical empirical with descriptive research design. The results of this study indicated that the implementation of CSR by PTPN VII of Padang Pelawi Business Unit had been carried out with the Partnership and Community Development Program (known as PKBL in Indonesian abbreviation) based on the State-Owned Enterprise Ministerial Regulation Number: 09/MBU/07/2015 concerning the Partnership and Community Development Program for State-Owned Enterprises and its amended regulations. However, it had not been running optimally. Matters that need to be revised and improved besides continuing to implement the PKBL program that have been carried out were continue to enhance other CSR activities, especially those related to efforts to improve community welfare by increasing business capital assistance in the Partnership Program, and to provide access to information as well as to establish communication with the community so that CSR objectives can be more optimal.

THE INHIBITING FACTORS IN THE IMPLEMENTATION OF WOMEN AND CHILDREN PROTECTION UNIT’S ROLESS IN LAW ENFORCEMENT OF IMMORAL CRIMINAL ACT COMMITTED BY THE CLOSEST ADULTS TO MINORS IN THE JURISDICTION OF KEPAHIANG POLICE RESORT Davinsi Josie Sidabutar; Lidia Br Karo; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The increase in violence committed by parents and the closest adults to children brings a new concept that must be understood together where violence against children is not only a trivial matter and the private sphere, but has become the state and the public problem. Based on the facts and data that showed the rampant violence against children that often occurs in the area of Kepahiang Regency, namely, violence committed by parents and the closest adults to children, it becomes necessary for the efforts to protect children to be maximized. The protection efforts must be carried out by the police, especially by the Women and Children Service Unit. The Women and Children Service Unit also has main tasks contained in Article 3 of KAPOLRI Regulation Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit within the Indonesian National Police environment. This study was conducted to obtain an overview, to understand and to analyze the factors inhibiting the implementation of the roles of Women and Children Protection Unit in law enforcement of immorality criminal acts committed by the closest adult to minors in the jurisdiction of Kepahiang Police Resort. The method applied in this study was an empirical juridical approach with qualitative analysis. The result of the study stated that the inhibiting factors in the implementation of the roles of Women and Children Protection Unit in law enforcement of immoral criminal acts committed by the closest adults to minors in the jurisdiction of Kepahiang Police Resort arose from internal and external factors.

STRENGTHENING THE POSITION OF ATTORNEY IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Muhammad Juriko Wibisono; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The arrangement of the Attorney institution of the Republic of Indonesia in the 1945 Constitution is less clear and less detailed about its position as well as its authority in law enforcement. Departing from the description of the weakness of the Attorney of the Republic of Indonesia’s position above, it is necessary to place the Attorney of the Republic of Indonesia proportionally in order to be autonomous and independent in the perspective of the rule of law theory and the power sharing theory. Based on the results of the study, it can be concluded that the position of Attorney in the 1945 Constitution which was attached in the executive domain had caused a lot of debate. The debate was focused on whether it was a right choice to practically put the Attorney as a law enforcement institution in Executive domain where it should had been legally put in judiciary domain. Furthermore, strengthening the position of Attorney in the 1945 Constitution can be done though the fifth amendment of the 1945 Constitution, therefore the adjustment of the Attorney position must be explicitly stated in the institutions within the environment of judicial power accompanied by its authority.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dimas Dwi Arso

Contact Email ddarso@unib.ac.id

Phone +6285267043381

Journal Mail Official jurnalbkljustice@unib.ac.id

Editorial Address Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dimas Dwi Arso

Contact Email
ddarso@unib.ac.id

Phone
+6285267043381

Journal Mail Official
jurnalbkljustice@unib.ac.id

Editorial Address
Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location
Kota bengkulu,

Bengkulu

INDONESIA