Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Bengkoelen Justice : Jurnal Ilmu Hukum

j_bengkoelenjustice
Website

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 9, No 2 (2019): November 2019" : 10 Documents clear

OBSTACLES IN LAW ENFORCEMENT AGAINST PERPETRATORS OF SEXUAL ABUSE INFLUENCED BY PORNOGRAPHY IN TERRITORY OF BENGKULU DISTRICT COURT Ainul Mardiati; Herlambang Herlambang; M. Abdi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indigenous village is important, therefore, it is required the establishment of indigenous villagein the respective regencies in Indonesia. To form the indigenous village needs to see some supportingaspects.One of sub-district which has a supporting aspect in the formation of indigenous villages in North Bengkulu is Enggano District. The research objective isto know and analyze the obstacles faced in implementing Law No. 6 of 2014 in the establishment of indigenous village in Enggano District of North Bengkulu. The methodology used is empirical juridical approach, byusing qualitative analysis. The result study showed that the obstacles encountered in the implementation of Law No. 6 of 2014 on Village in the establishment of the indigenous village in Enggano District of North Bengkulu consisted of two factors:Internal and external factors.

ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW Kurniadi Agusta; Sirman Dahwal; Mohammad Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society.

THE MANAGEMENT POLICY OF STATE LANDS AS AFORMER OFRIGHT TO CULTIVATEIN REJANG LEBONG REGENCY Azman Hadi; Herawan Sauni; Hamdani Maakir
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Penelitian ini mengangkat permasalahan berkaitan dengan pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research raises the issues related to the management of state lands as a former of right to cultivatein Rejang Lebong Regency.Pada tahun 1988, PT.In 1988, PT.Bumi Megah Sentosa memperoleh HakGuna Usaha seluas 6.925 hektar.Bumi Megah Sentosa obtained the right to cultivatefor an area of 6,925 hectares.Proses perolehan Hak Guna Usahanya melalui pembebasan lahan masyarakat, namun PT.The process of obtaining right to cultivate is gotten through community land acquisition, but PT. Megah Bumi Sentosa tidak mampu membebaskan seluruhnya sehingga akhirnya hak guna usaha tersebut dibatalkan.Megah Bumi Sentosa was not able to free it entirely therefore the right to cultivate was canceled.Penelitian ini bertujuan untuk mengetahui dan menjelaskan tentang pengelolaan tanah negara bekas hak guna usaha di kabupaten Rejang Lebong dan hambatan yang dihadapi dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research aims to find out and explain the management of state lands as a former of right to cultivatein Rejang Lebong Regency and the obstacles faced in the management of state lands as a former of right to cultivate in Rejang Lebong Regency.Penelitian ini bersifat yuridis sosiologis dengan pendekatan kualitatif.This research is sociological juridical with a qualitative approach.Analisis yang digunakan dalam pengelolaan data adalah analisis kualitatif, yakni data yang diperoleh diseleksi berdasarkan kualitas dan kebenarannya sesuai relevansinya terhadap materi penelitian.The analysis used in data management is qualitative analysis, namely the data obtained is selected based on the quality and truth according to its relevance to the research material. Penelitian ini dilakukan di Kabupaten Rejang Lebong Provinsi Bengkulu.This research was conducted in the Rejang Lebong Regency of Bengkulu Province.Hasil penelitian ini menunjukkan bahwa pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong belum maksimal oleh pemerintah daerah.The results of this research indicate that the management of state lands as a former of right to cultivate in Rejang Lebong Regency has not been maximized by the local government. Di atas tanah bekas hak guna usaha tersebut terdapat pemukiman transmigrasi yang belum ada hak pengelolaannya dan penguasaan oleh masyarakat pemilik tanah semula.On the former land ofright to cultivate, there are transmigration settlements that have no management rights and control of the original landowner community.Hambatan dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebongyaituadanya persepsi yang berbeda antara Bupati Kabupaten Rejang Lebong dengan Kantor Kementerian Agraria dan Tata Ruang/ Badan Pertanahan NasionalKabupaten Rejang Lebong.The obstacles in the management of state lands as a former of right to cultivatein Rejang Lebong Regency were the different perceptions between the Regent of Rejang Lebong Regency with the Office of the Ministry of Agrarian and Spatial Planning / National Land Office of RejangLebong Regency.Kajian ini menawarkan skema solusi alternatif kebijakan utamanya : Penguatan Hak Masyarakat dengan Reforma Agraria.This research offers a scheme of alternative solutions to its main policies: Strengthening Community Rights with Agrarian Reform.

THE COMPLIANCE LEVEL OF OFFICIALS FOR STAFF DEVELOPMENT IN LAW ENFORCEMENT OF STATE CIVIL APPARATUS DISCIPLINE AT THE GOVERNMENT OF BENGKULU PROVINCE Agung Praja Putra; Iskandar Iskandar; Jonny Simamora
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Government of Bengkulu Province is strongly committed to improve the quality of the bureaucratic reform of Apparatus Resourcesparticularly apparatus resources reform at the environment of Local Government of Bengkulu Province. Based on Attachment 1 of Regulation of the Head of the Civil Service Agency No. 21 of 2010 concerning the Implementing Regulations of Government Regulation No. 53 of 2010 on Discipline of Civil Servants, it is known that the employee dismissal procedures that violate discipline begins by calling the concerned continued with the establishment of inspection team. The results of the examination if proven to do violation, then the competent authorities impose disciplinary punishment. There have been many advances experienced by the government in the field of employment, which previously civil servants performance was rated based on patronage system where the presentation and work are preferred switched to merit systemin which the competence and performance of employees are preferred. However, there are still some violations occurred both violations of discipline and criminal.

THE IMPLEMENTATION OF RESTORATIVE JUSTICE AT THE WOMEN AND CHILDREN PROTECTION UNIT OF BENGKULU POLICE RESORT (CASE STUDY ON SEXUAL CRIME) Aziza Yuli Susanti; Antory Royan Adyan; Lidia Br Karo
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

The frequent occurrence of cases of which the solutions did not prioritize the best interest for all parties which commonly called as Win-Win Solution resulted in Criminal Justice System to implement Restorative Justice System Justice in which considered to be better because it fix the relation between the victim and the perpetrator. This thesis research used empirical legal research method, the data used was primary, secondary, and tertiary data. The population in this study was all the investigators and co-investigators of Women and Children Protection Unit as well as all the parties who have dealt with Women and Children Protection Unit of Bengkulu Police Resort. Data analysis performed through descriptive qualitative method which elaborates the data in the form of sentences systematically based on the statements obtained from the result of the study in the field. The result of this study was in order to manifest an ideal role, investigators need to undergo development and improvement in various aspects, among others are: it is necessary to do socialization and coordination, improvement of quality as well quantity of adequate human resources, in order to be skillful, tenacious, and responsible and professional.

THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA Sandra Megayanti; Candra Irawan; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

OVERLAPPING BETWEEN PROVINCIAL REGIONAL REGULATIONS WITH REGENCY/MUNICIPAL LOCAL REGULATIONS ON THE REGULATED MATERIAL VIEWED FROM THE LAW NUMBER 12 OF 2011 REGARDING ESTABLISHMENT OF LEGISLATION Iip Septian; Amancik Amancik; Patricia Ekowati Suryaningsih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

The occurrence of overlapping between provincial regional regulations and regency/municipal regulations on the same material may create legal problems, because if they are not properly regulated, then authority in the implementation and enforcement of overlapping regional regulations becomes biased, this condition resulted in the failure to fulfill the justice and legal certainty aspects, as well as the benefit aspect, because there are dual regulatory arrangements, which are the regency/municipality regulations and the provincial regulations, in which hierarchically the two regional regulatory instruments are unequal, where the provincial regulation has a higher position than regency/municipal regulations. The similarity of content material between provincial and regency/municipal regulations as referred to in the provisions of Article 14 of Law Number 12 Year 2011 concerning the Establishment of Legislation makes it possible to regulate the same material between provincial and regency/municipal regulations. In the context of provincial and regency/municipal regulations governing the same material, then orders, restrictions, permits and licenses must be clear and resolute, where the regency/municipal regulations cannot contain different orders, prohibitions, licenses and permits which has been formulated in the provisions of the provincial regulation, or in other words, the norm formulation in regency/municipal regulations shall not be contradictory to the norms regulated in provincial regulations. Essentially, regency/municipal regulations can only regulate matters that have not been regulated in the above legislation.

IMPLEMENTATION OF BANK INDONESIA REGULATION NO. 18/40/PBI/2016 ON PAYMENT TRANSACTIONS USING CREDIT CARDS AT SHOPPING CENTERS IN BENGKULU CITY Muhammad Tedy Dorisman Setiadi; Nur Sulistyo Budi Ambarini; Widiya N Rosari
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v9i2.9978

The objective of the research was to study the implementation of Bank Indonesia Regulation No.18/40 / PBI / 2016 onDouble Swipe of Credit Card. The empirical juridical approach method in this researchused primary and secondary data as the main research data, through interviews and literature. A credit card is a credit facility provided by the issuing bank to its customers for transaction. From the research it was found thatin prior to the enactment of Bank Indonesia Regulation No.18/40/PBI/2016 on Payment Transactions Using Credit Cards, there were merchants that still do double swipe on credit card during payment transactions, first in the EDC (Electronic Data Capture) machine and on the cash register machine. However,due to the restriction on double swipe on credit card, this had been reduced. It was also strengthened by a strict regulation in the form of sanctions, reprimands and threats of crime committed by Bank Indonesia to merchants who conduct double swipe on credit card. The mechanism of bank issuing the credit card in giving approval is always different, but the terms and procedures are relatively the same. Legal protection of credit card users occurs when the signing of credit card approval agreement between the issuing bank and users since there is not clear juridical regulation. The problem mostlyarisingregarding the credit cards usage was credit card data scam. The only way to prevent this was through the use of credit cards properly, securely store credit cards when making payment transactions using credit cards, and understand the procedure of using a credit cardinpayment transactions properly. In case of credit card violation, the holder must report to the bank issuing the credit card and Bank Indonesia.

SETTINGS OF INNATE AND JOINT ASSETS IN DIVORCE CASE BY LAW NUMBER 1 OF 1974 OFMARRIAGE IN THE IMPLICATIONS OF RELIGIOUS COURTS DECISION CLASS IA OF BENGKULU CITY NUMBER: 0289/PDT.G/2016/PA.BN Widya Eka Putri; Akhmad Muslih; Adi Bastian Salam
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Marriageraisesrights and obligations to husband and wife. The rights and obligations existing before the divorce are created from their marriage ceremony. The rights and obligations are contained in the provisions of Qur’an. To avoid conflict divorce is not an easy thing, it is motivated by several factors that cause a domestic relations be cracked even ended in divorce. The purpose of this research is to understand and analyze the factors that hinder the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu. Analyzing theproblems in this study, researchers used a analysis descriptive method to produce the research results showingfactors that inhibit the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu consisted of internal and external factors.

IMPLEMENTATION OF ARTICLE 86 OF LAW NUMBER 13 OF 2003 CONCERNING MANPOWER,OCCUPATIONAL SAFETY AND HEALTH TOWARD OPERATOR OF GAS STATION NUMBER 21.381.09 AT RAWA MAKMUR OF BENGKULU CITY Sukma Jumiati; Candra Irawan; Ganefi Ganefi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Regarding labour protection, therefore the Law Number 13 of 2003 concerning Manpower,Article 86 Paragraph (1) Letter a and Paragraph (2) states that:"Every worker/labourer has the right to receive protection on occupational safety and health". Then, the researchers will discuss the implementation of article 86 of law number 13 of 2003 concerning Manpower, occupational safety and health toward an operator of the gas station number 21.381.09 at RawaMakmurof Bengkulu City. The aim of this research was to know the implementation ofarticle 86 of Law Number 13 of 2003 concerning Manpower toward the operator of gas station number 21.381.09 atRawaMakmurof Bengkulu City. This research was an empirical study of qualitative research. The data sources used were secondary and primary data sources. In collecting the data, the researcher used interview, observation and documentation. After doing research, it can be concluded the following: Legal Protection at the gas stationare done by using Security Administration Body for Employment (BPJS Ketenagakerjaan) and Healthcare Security (BPJS Kesehatan), and conducted directly protection by the company by providing sweetened condensed milk as a neutralizing immune system, protective footwear shoes, and fire extinguishers as firefighters.

Page 1 of 1 | Total Record : 10

Filter by Year

2020 2020

Filter By Issues

All Issue Vol. 15 No. 2 (2025): November 2025 Vol. 15 No. 1 (2025): April 2025 Vol. 14 No. 2 (2024): November 2024 Vol. 14 No. 1 (2024): April 2024 Vol. 13 No. 2 (2023): November 2023 Vol. 13 No. 1 (2023): April 2023 Vol 12, No 1 (2022): April 2022 Vol. 12 No. 2 (2022) Vol 11, No 2 (2021): November 2021 Vol 11, No 1 (2021): April 2021 Vol 10, No 2 (2020): November 2020 Vol 10, No 1 (2020): April 2020 Vol 9, No 2 (2019): November 2019 More Issue

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

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