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Dimas Dwi Arso
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Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.
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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 3 Documents
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Search results for , issue "Vol. 16 No. 1 (2026)" : 3 Documents clear
ENVOLVING REGULATIONS ON LOCAL HEAD ELECTIONS IN POST-REFORM INDONESIA: SHIFTING FROM ELITE POLITICAL DOMINANCE TO POPULAR SOVEREIGNTY Firman
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 16 No. 1 (2026)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v16i1.48474

Abstract

This research examines the evolution of Indonesia's post-reformasi regulations on local head elections, shifting from elite political dominance to popular souvereignty. It scrutinizes the Constitutional Court's (MK) interpretation of “elected democratically” in Article 18 (4) of the 1945 Constitution, alongside the development of rules curbing elite influence. Adopting a normative juridical methodology centered on legislative analysis and MK rulings, the study uncovers interpretive dualism between direct democracy and DPRD mediated representation, especially in special autonomy regions. Nonetheless, the MK, as ultimate constitutional arbiter, has solidified direct democracy via pivotal decisions No. 72-73/PUU-II/2004, 85/PUU-XX/2022, and 135/PUU-XXII/2024 that synchronize regional elections with national polls and eliminate DPRD selection pathways. Regulatory progression originated in elite-centric frameworks like Law No. 22 of 1999 on Regional Administration and Law No. 22 of 2014 on Governor, Regent, and Mayor Elections, advancing to sovereignty-affirming reforms under Law No. 32 of 2004 on Local Government and Law No. 10 of 2016 (second amendment to Law No. 1 of 2015). Direct public elections thus emerge as an indispensable (conditio sine qua non) for realizing popular sovereignty, bolstering local decentralization and democratization.
A CRITICAL STUDY OF THE IMPLEMENTATION OF DIVERSION IN RESOLUTION OF ARCHERY-RELATED CRIMES WITH CHILD OFFENDERS AT BIMA POLICE Febriyanti, Nur Ilmi Putri; Iksan, Muchamad; Kuswardani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 16 No. 1 (2026)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v16i1.48515

Abstract

This writing aims to find out the application of diversion by investigators of diversion by resort police Bima city to archery-related crimes with child actors. The approach used by the author in this research is a case approach and a social legal approach with the type of empirical legal research.  Types and sources of data used are primary data and secondary data. The results of research on the application of diversion by Bima City Police investigators on archery-related crimes with child offenders can be successfully carried out if there is an agreement in deliberation between the victims, perpetrators and related parties. The factors causing the failure of diversion by investigators from resort police Bima city are due to the lack of understanding of the victim and the paradigmatic hegemony that occurs in the community who think that the appropriate place for children who are in conflict with the law is prison to provide a deterrent effect so that children do not repeat the same actions.
LIMITS OF DIRECTOR LIABILITY: BUSINESS JUDGMENT RULES, PIERCING THE CORPORATE VEIL, AND BREACH OF CONTRACT Kiswah, Maftuha; Ermanto Fahamsyah; Fendi Setyawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 16 No. 1 (2026)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v16i1.48580

Abstract

Limited liability companies inherently separate corporate assets from personal wealth, thereby providing legal protection for their management. However, directors remain strictly bound by fiduciary duties and legal restrictions to ensure the protection of third parties and stakeholders. This article analyzes the legal limits of directors' liability by examining the balance between the Business Judgment Rule (BJR) doctrine, which protects business decisions made in good faith, and the piercing the corporate veil doctrine, which holds directors personally liable for corporate misconduct. Using a normative legal research method with a legal and conceptual approach, this study examines corporate law theories and the latest jurisprudence related to commercial contract violations. The research shows that although the Companies Act protects the BJR, courts have the authority to pierce the corporate veil if a director acts ultra vires, acts in bad faith, or fails to fulfill commercial obligations that result in a breach of contract. Furthermore, the introduction of micro-enterprises with sole directors under the Job Creation Act creates a higher risk of personal liability due to the tendency for asset commingling. The validity of BJR protection requires compliance with procedural safeguards, particularly regarding conflicts of interest.  While prior scholarship has examined these doctrines independently, the intersection of BJR protection and veil-piercing liability in commercial contract disputes — particularly following the structural reforms introduced by the Job Creation Act — remains analytically underexplored. This article contributes a systematic normative analysis of how these protective and accountability mechanisms interact, and proposes clearer legal criteria for distinguishing protected business risk from culpable corporate misconduct under Indonesian law. Consequently, corporate management must maintain strict financial separation and transparency to avoid personal legal consequences in commercial disputes.

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