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Bengkoelen Justice : Jurnal Ilmu Hukum
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
 1 
Search results for , issue "Vol. 14 No. 2 (2024): November 2024" : 10 Documents clear
RESTORATIVE JUSTICE ON BLASPHEMY CASES: OVERVIEW OF THE PROSECUTORS ROLE AND LEGAL REFORM Ikhsan, RD. Muhammad; Hamonangan Albariansyah; Neisa Ang rum Adisti; Henny Yuningsih; Banjarani, Desia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.32363

Abstract

The absence of a clear definition and limitation of blasphemy can threaten justice in law enforcement in Indonesia. This has an impact on the process of resolving the blasphemy cases. Thus, the settlement of the penal or the courts in the settlement of blasphemy cases is considered ineffective. Based on that background, the problems that will be raised in this research are: How is the criminal law reform related to blasphemy in Indonesia based on the concept of restorative justice? How can the Prosecutor's Office play a role in the reformulation of blasphemy based on the concept of restorative justice? This study uses a descriptive normative research method with a qualitative approach. The research approach used is the statutory approach.The results of the study show that law enforcement in blasphemy tends to lead to pros and cons. This is due to problems with the regulation of blasphemy in Indonesia. There is no concrete definition of blasphemy and limitation on blasphemy in various laws in Indonesia. Therefore, there is a need for reformulation of blasphemy in Indonesia, one of which is through non-penal ways based on the concept of restorative justice by Law Enforcement Officials in Indonesia, one of which is the Prosecutor's Office. The reformulation is by: reforming legal regulations and provisions in the National Criminal Code and Draft of Criminal Procedure (RKUHAP); reformulation of administrative sanctions; and reformulation through penal mediation. Keywords: Blasphemy, Prosecutor's Office, Restorative Justice.  
LEGAL PROTECTION OF VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN THROUGH SOCIAL MEDIA Tamba, Samuel; Hafrida; Herry Liyus
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.33829

Abstract

The crime of Commercial Sexual Exploitation of Children (ESKA) is increasingly rife with the existence of social media as a means of transaction and promotion of children who are victims. However, there is currently a vacuum in regulations that specifically regulate legal protection of the rights of children victims of these crimes. This study aims to describe the applicable rules in protecting children victims of CSEC through social media and how legal policies will be in the future in handling these crimes. The research method used is normative juridical research. From the results of the study, it was found that there is more than one legal regulation that is currently used to protect child victims of commercial sexual exploitation crimes through social media, namely the Child Protection Law, the Pornography Law, the Electronic Information and Transactions Law and the Sexual Violence Criminal Law. Some of the obstacles in protecting CSEC victims include: 1) legal substance factors (overlapping laws and regulations that specifically regulate CSEC crimes through social media), 2) legal structure factors (there is no legal umbrella for investigators and public prosecutors to be able to quickly break the chain of dissemination of cases of commercial sexual exploitation of children on social media; 3) legal cultural factors (public awareness, lack of parental monitoring, and lack of sexual education in children). The suggestions for future legal policies include: 1) Revising the Child Protection Law and the ITE Law; 2) strengthen the authority of the Prosecutor's Office and the Police as investigators and public prosecutors to remove social media content containing commercial sexual exploitation of children from the investigation and prosecution stages; 3) Create a child-friendly complaint and reporting center that is easily accessible to child victims of sexual exploitation crimes.  Keywords: commercial sexual exploitation of children; social media; legal protection.
THE ROLE AND FUNCTION OF LOCAL PEOPLE'S REPRESENTATIVE COUNCIL (DPRD) SUPERVISION IN THE EFFECTIVENESS OF LOCAL GOVERNMENT ADMINISTRATION Isep H Insan; Faturachman, Fauzan Azima; Kinayah Ashifa; Maudy Anjani; Yustia Okta Pradini
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.34777

Abstract

To realize democratic governance in the regions, the supervisory role of the DPRD is a very important basic tool. In addition to the head of state, the DPRD is the embodiment of the ideals of good governance. Federal and regional development initiatives should be overseen by the DPRD. The DPRD has the opportunity to prove its legitimacy in the eyes of the public and the challenge to prove its authority in carrying out its supervisory duties. Within the framework of effective local governance, this article examines the capacity of the DPRD in carrying out its supervisory responsibilities. The purpose of this study is to find detailed information about the role and function of DPRD supervision in the effectiveness of local government administration which is expected to educate readers on this matter. In this study, the author uses the normative juridical approach method which is carried out based on legal materials by examining theories, legal principles, concepts, and related legislation. Methodologically, we use a normative juridical approach, which is to conduct legal research using law as the basis of norms. Principles, standards, regulations, agreements, and teachings are all part of the relevant norm system. . The purpose of this study is to find detailed information about the role and function of DPRD supervision in the effectiveness of local government administration which is expected to educate readers on this matter. In this study, the author uses the normative juridical approach method which is carried out based on legal materials by examining theories, legal principles, concepts, and related legislation. Methodologically, we use a normative juridical approach, which is to conduct legal research using law as the basis of norms. Principles, standards, regulations, agreements, and teachings are all part of the relevant norm system. Keywords: DPRD, Supervision Function, Local Government
A JURIDICAL ANALYSIS OF CORAL REEF CONSERVATION STRATEGIES IN DERAWAN ISLANDS Tarigan, Muhammad Insan; Tjondro Tirtamulia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.36838

Abstract

Berau Regency are an area of highly diverse and endangered coral reefs. Coral reefs play a very important role in the life of the marine environment. Therefore, the purpose of this research is to explore the legal basis that can protect the sustainability of coral reefs both at the international, national and local levels as well as the legal basis that guarantees the empowerment of local communities in the protection of coral reefs. The different approaches and international agreements that have been positively applied to ensure the protection of the marine environment and have bound the different countries. This article is written with normative legal research that prioritizes statutory approach and conceptual approach. In the end, it is found that Indonesia has bound itself to several international agreements that can be used as a legal umbrella in regulating the protection of coral reefs through national law. Indonesian legal instruments are heavily influenced by international law and policy. In fact, the Berau Regency Government has issued a regional regulation to maintain the quality of coral reefs in the Derawan Islands as an effort to meet and achieve marine conservation goals set at the global level. The legislation framework in Derawan has ensured community participation in the protection of maritime habitats, including coral reefs. However, there is no legal instrument that specifically and comprehensively regulates the conservation work of coral reef at the national level. Keywords: Coral Reefs; Legal Protection; SDGs.
EFFECTIVENESS OF ARTICLE 27(1) OF LAW NUMBER 1 OF 2024 IN COMBATING ONLINE INDECENCY (CRIMINOLOGICAL PERSPECTIVE) Widya Timur; Hurairah; Royani, Ferawati Royani; Sandi Aprianto
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37167

Abstract

The rise of immoral criminal acts on social media, such as the dissemination of nudity content and various other types of cyberporn raises serious concerns regarding social and legal impacts. This study aims to analyze the effectiveness of Article 27 paragraph (1) of Law Number 1 Year 2024 on Electronic Information and Transactions (ITE Law) in dealing with the rise of indecent criminal acts on social media using an in-depth criminology theory analysis. This research uses the normative empirical method, which examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on each specific legal event that occurs in society. The results of this study show that the Differential Association criminology theory can explain how immoral criminal acts develop on social media. This theory argues that deviant behavior can be learned through social interaction with groups that support deviant norms. Meanwhile, although the ITE Law is an important step in law enforcement efforts, its implementation still needs to be improved so that it can be more effective in overcoming the spread of immoral content on social media. Keywords: Indecent Crime, Social.
THE UNDERHAND DIVORCE AND ITS IMPACTS ON CHILD CUSTODY ACCORDING TO ISLAMIC LAW AND POSITIVE LAW: (A Study in Seginim Subdistrict, South Bengkulu Regency) Saswin Hardego; Akhmad Muslih; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37262

Abstract

This research examines a. How does the underhand divorce and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? b. What are the factors leading to underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? c. How do underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency, align with Islamic Law and Positive Law in Indonesia? This study employs an empirical legal research method. It uses a qualitative approach by determining the research location and informants through in-depth interviews, followed by analysis using a juridical-qualitative method. The research findings are: 1. The underhand divorce is driven by economic reasons and the complexity of legal processes considered burdensome and expensive. This includes cases where the husband leaves the household or infidelity occurs, forcing couples to choose underhand means to end the marriage. The impact of such divorces in Seginim includes injustices related to iddah as waiting period and hadanah support for ex-wives and children. Many do not fully receive these rights post-divorce, worsening their financial and social conditions. 2. Factors leading to underhand divorces in Seginim Subdistrict, South Bengkulu Regency, and its impact on child custody, as follows: Traditional Practices: Underhand divorces have been a long-standing custom in Seginim society. Although Islamic law considers such divorces valid, the state does not recognize them. Lack of Legal Awareness: The people of Seginim often do not understand or do not care about national legal regulations regarding divorce. Personal Issues and Economic Constraints: Divorce is often viewed as a stigma, leading to it being carried out quietly. Impact on Child Custody: The unofficial divorce process can negatively affect child custody arrangements. 3. Underhand divorce affects not only the legal status of the spouses but also significantly impacts child custody. Under both Islamic law and Indonesian positive law, divorces that do not go through the court can result in legal uncertainty that negatively affects children's rights, such as financial support and custody rights. Therefore, it is crucial for divorcing couples to undergo the divorce process through the court to ensure legal certainty and protection of children's rights. Keywords: Divorce, Underhand, Child
AFFIRMATIVE ENFORCEMENT FOR MICRO, SMALL, AND MEDIUM ENTERPRISES IN THE FIELD OF INTELLECTUAL PROPERTY RELATED TO NATURAL COLOURS IN BATIK MAKING Dwirainaningsih, Yustiana; Dheasari Rachdantia; Mursidah; Andri Nur Cahyo
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37343

Abstract

The importance of Intellectual Property Rights protection for Micro, Small and Medium Enterprises is a major highlight in supporting the sustainability and economic competitiveness of this sector. IPR has great potential to add value to the products and services produced by MSMEs, create a competitive advantage, and protect innovations or brands from the threat of infringement. However, various obstacles such as complex administrative procedures, high costs, unsupportive regulations, and limited law enforcement related to IPR violations are significant challenges for MSME actors. Normative legal research in this context aims to identify solutions to these problems, through simplification of the registration process ensuring that IPR registration procedures are simpler and more accessible to MSME actors subsidising registration fees providing relief from IPR registration fees through government subsidies or fiscal incentives for MSMEs that register their IPRs improvement of regulations encourages revision of regulations that pay attention to the needs of MSMEs, such as accelerating the time of the registration process and recognition of IPRs for local or traditional typical products. Increased law enforcement encourages revision of regulations that pay attention to the needs of MSMEs, such as accelerating the time of the registration process and IPR recognition for local or traditional typical products. Socialisation and education are expected to educate MSME players about the strategic benefits of IPR and how to take advantage of the system to support their businesses. Policies that support MSMEs are more optimal in utilising IPR to increase competitiveness, open up opportunities for market expansion, and protect local innovation and creativity. Collaborative efforts between the government, related institutions, and MSME players are the key to the optimal use of IPR. Keywords: MSMEs natural color batik, Affirmative, Intellectual Property
CRIMINAL LAW POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM FOR RECIDIVIST OFFENDERS IN INDONESIA Aisyah, Wan Mutiara; Abdurrakhman Alhakim; Emiliya Febriyani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37793

Abstract

Indonesia is a nation that regards human rights as a core principle. Ensuring the protection of human rights is a crucial responsibility of the Indonesian government, including extending this protection to juvenile offenders. Despite having a structured legal framework within the juvenile justice system, issues persist, particularly concerning juvenile recidivism in Batam City. Although Batam has been recognized as a Child-Friendly City, the problem of juvenile recidivism remains unresolved. This study aims to evaluate the fulfillment of criminal law policies for juvenile recidivists and the challenges they face within the legal system. The method employed is empirical legal research analyzing juvenile recidivism data from the Batam District Court for 2021–2023. The legal theories used to analyze this study include Lawrence M. Friedman’s Legal System Theory and the Dignified Justice Theory. The findings indicate that current criminal law policies regarding juvenile recidivism in Batam City are not fully effective, with challenges arising from legal loopholes and limitations in diversion programs for repeat offenders. Keywords: Juvenile criminal justice, Recidivism, Legal Policy
IMPLEMENTATION OF THE DELEGATION OF MEDICAL AUTHORITY TO NURSING PERSONNEL IN THE SPECIAL CARE UNIT AT RSUD dr. M. YUNUS BENGKULU sulaiman, Eka Purwati; Reny Suryanti; Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.38567

Abstract

According to statutory regulations, nursing personnel are healthcare professionals with dual authority: the authority to perform nursing actions and medical procedures. Medical procedures carried out by nurses are based on delegated authority, either in the form of written delegation or a mandate. The objectives of this study are: (1) To identify and analyze the procedures for delegating medical authority to nursing personnel in the Special Care Unit at Local Government General Hospital (Indonesian - RSUD) dr. M. Yunus Bengkulu, and (2) To identify and analyze the legal accountability of the delegation of medical authority to nursing personnel in the Special Care Unit at RSUD dr. M. Yunus Bengkulu. The findings of this study reveal that the implementation of medical authority delegation to nursing personnel at RSUD dr. M. Yunus Bengkulu lacked the establishment of specific types of healthcare services eligible for delegation, whether by mandate or delegation, from medical to nursing personnel. The delegation of medical authority to nursing personnel was recorded in the patient progress notes integrated by the responsible physician. Keywords: Implementation, the delegation of authority, medical actions.
IMPLEMENTATION OF REGULATION OF THE COORDINATING MINISTER FOR ECONOMIC AFFAIRS NUMBER 1 OF 2022 IN DISTRIBUTING COLLATERAL-FREE PEOPLE'S BUSINESS CREDIT TO CUSTOMERS IN BENGKULU CITY Ganefi; Wafiya; Nurhani Fithriah
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.39563

Abstract

  To accelerate the National Economic Recovery (PEN), one of them is assistance in distributing credit for Micro, Small, and Medium Enterprises (MSMEs); for this reason, the government has issued a People's Business Credit (KUR) regulation with a loan ceiling twice as high as previously IDR 10 million to IDR 50 million, IDR 50 to 100 million and IDR 100 million to IDR 500 million. as well as KUR loans for unmarried people with a maximum loan ceiling of IDR 10 million. Based on PERMENKO No. 1, the year 2022, the government issued a policy, namely, the distribution of People's Business Credit (KUR) loan assistance for Micro, Small, and Medium Enterprises (MSMEs), that the loan requirements are carried out without collateral. However, in its implementation in the field, the government's policy turns out that the creditor/bank still requires that the People's Business Credit (KUR) loan carried out by MSMEs still use additional collateral, including a loan of IDR 10 million, at least one motorbike BPKB. For IDR 50 million, the collateral is one car, BPKB, or land/house certificate. Only then, after the issuance of PERMENKO No. 1 of 2023, did the Bank completely exempt KUR recipients from the additional collateral requirements in Bengkulu City. Keywords: Collateral Implementation, Banks, MSMEs

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