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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 133 Documents
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Implementation Of Restorative Justice Based On Local Wisdom: Legal And Cultural Perspectives In Indonesia Rantau, Palupi; Ajeng Aditya Listyani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.44718

Abstract

This study discussion the implementation the implementation of restorative justice based on local wisdom in the context of law and culture in Indonesia. In Indonesia's multicultural societies, traditional values such as deliberation, mutual cooperation, and traditional peace have long been part of the conflict resolution mechanism. Restorative justice emerges as an alternative approach that emphasizes the restoration of relationships between Between perpetrators, victims, the cummunities, and aligans with traditional legal practices. Through a normative legal approach, this study analyzes the relationship between the principles of restorative justice and local wisdom as recognized by various laws and regulations, such in 1945 constitution, the Criminal Procedure Code, and regulation of the Police and the Attorney General's Office. This study also reviews local practices such as Mekarabah in Bugis-Makassar, Nyapuh Lawang in Central Java, and customary deliberations in Papua. The results of the study show that the application of customary-based on restorative justice can accelerate conflict resolution, strengthen social legitimacy, and reduce the burden on the formal justice system. However, the challenges remain regarding the integration of customary law into the national legal system and the guarantee of human right protections. Therefore, more integrated regulations and consistent implementation standards are needed to ensure that restorative justice is applied fairly, inclusively, and in line with the principles of the rule of law.
ONE MAP POLICY: DIGITAL ADMINISTRATION METHODS AS AN EFFORT TO SOLVE LAND OVERLAPS IN INDONESIA Pelengkahu, Muhammad Rahjay
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.33576

Abstract

Until now, Indonesia's land use problem has not fully found a bright spot. Moreover, this problem originated from a map made by the government itself. Therefore, holding the One Map Policy in the form of government policies to realize good land governance. This research aims to find out how effective the One Map Policy is in solving land problems and realizing good spatial governance to provide welfare to the people. This research is written using normative juridical methods using literature studies that examine a problem from a legal point of view and look for data with reading materials. According to the finding, one map policy was designed as a form of digital transformation in the field of public administration which refers to the strategy of synchronizing data information in one map at each institution or ministry. In its implementation, the one map policy has proven to be a modern alternative and an important policy in resolving overlapping land uses that occur in society.
THE EXISTENCE OF THE ELECTION SUPERVISORY AGENCY AS AN INDEPENDENT INSTITUTION IN HANDLING ADMINISTRATIVE VIOLATIONS IN THE ELECTIONS OF GOVERNOR, REGENT AND MAYOR Martadilla, Metri; Ardilafiza; Satmaidi, Edra
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.43347

Abstract

In the design of the Local Leaders Election Law, the Provincial and Regency/City Election Supervisory Agency are positioned as part of the process for resolving administrative violations, specifically by issuing recommendations. While, the resolvents are the Provincial and the Regency/City General Elections Commission, namely following up on the recommendations of the Provincial and the Regency/City Election Supervisory Agency regarding findings and reports of election violations. In practice, the recommendations given by the Election Supervisory Agency to the General Elections Commission are often ignored, so that the recommendations of the Election Supervisory Agency are often legally meaningless. This affects the existence of Election Supervisory Agency in exercising its authority to handle administrative violations of the Local Leaders Election. The problems studied are: how is the handling of administrative violations in the Election of Governors, Regents and Mayors by the Election Supervisory Agency and how is the existence of the Election Supervisory Agency as an Independent Institution in handling administrative violations in the Election of Governors, Regents and Mayors. This research was normative legal research focusing on the study of laws and regulations governing the handling of administrative violations of the Local Leaders Election using primary, secondary and tertiary legal materials. The results of the study show that Election Supervisory Agency 's authority is limited by the Regional Election Law, which states that the authority to complete the process of handling administrative violations is through a clarification and study process, the results of which are in the form of recommendations to the General Elections Commission and the General Elections Commission is required to follow up by preparing a legal review by paying attention to the fulfilment of the elements of the existence of administrative election violations, which is then held in a plenary meeting to examine and decide on the follow-up actions for the administrative election violations. Therefore, the existence of the Election Supervisory Agency as an independent institution is slightly weakened in the process of organizing Local Leaders Election.
LEGAL REVIEW OF THE EXPANSION OF PAPUA PROVINCE INTO THREE NEW PROVINCES BASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 21 OF 2001 CONCERNING SPECIAL AUTONOMY FOR PAPUA PROVINCE Indrajaya, Reyhanka Abid Putera; Amancik; Satmaidi, Edra
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.45203

Abstract

In 2022, Papua Province was divided into three new provinces: South Papua, Central Papua, and Papua. This regional expansion raised legal concerns, particularly regarding unmet technical requirements and the limited consideration of the aspirations of the Papuan People’s Assembly (MRP) and the Papuan Regional House of Representatives (DRP) as representatives of indigenous Papuans. This study analyzes the legal considerations and implications of the expansion. This normative juridical research applies statutory and comparative approaches supported by literature review. Legal materials include primary legislation, secondary sources such as books and journals, and tertiary materials from online sources. The findings indicate that the government based the expansion on philosophical, sociological, and juridical considerations. Philosophically, it aimed to realize the third and fifth principles of Pancasila. Sociologically, it sought to enhance welfare, development, and security in Papua. Juridically, it referred to Article 18B of the 1945 Constitution. However, shortcomings were identified, including a rushed process, limited accommodation of local aspirations, and potential inconsistency with Article 35A of Law No. 23 of 2014. Despite these issues, the special autonomy status remains applicable to the newly established provinces.
THE ROLE OF THE PRESIDENT IN THE IMPLEMENTATION OF PTUN DECISIONS IN THE PRESIDENTIAL SYSTEM Aditya Andela Pratama; Muna, Kholifatul
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.45384

Abstract

The principle of the state of law requires that every court decision, including the State Administrative Court, be obeyed and implemented by state administrative officials. In the presidential system, the President has the authority to ensure compliance with court decisions as a form of supremacy and legal certainty. However, in practice, there are still many PTUN decisions that have not been implemented, showing the weak effectiveness of law enforcement. The phenomenon of Contempt of Court, such as disobedience to court decisions, is one of the main challenges in the implementation of the law. The purpose of this study is to examine the role of the President in ensuring the implementation of the PTUN decision in the presidential government system. This research uses a normative juridical method with regulations that regulate the authority of the President in the implementation of the State Administrative Court. Based on Article 116 of the PTUN Law, the President and the House of Representatives have a role in ensuring the compliance of state administrative officials with the PTUN decisions. Therefore, optimizing the role of the President is crucial in upholding the rule of law and ensuring legal certainty in the presidential system of government.
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 Nur Ilmi Putri Febriyanti; Muchamad Iksan; 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.
THE EFFECTIVENESS OF THE INTERNATIONAL COURT OF JUSTICE AGAINST ISRAEL IN THE 2025 GAZA GENOCIDE CASE Oradesti, Yulia; Sella, Titin Purnama
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.48279

Abstract

This study analyzes the effectiveness of the International Court of Justice (ICJ) in addressing the alleged genocide committed by Israel in the Gaza Strip in 2025, highlighting the tension between international legal norms and global political realities. The research employs a qualitative approach through library research. The findings show that the ICJ plays a pivotal role in affirming the prohibition of genocide as a jus cogens norm and in issuing binding provisional measures, including orders for the prevention of genocide and guarantees of humanitarian aid access. However, the implementation of these rulings faces significant obstacles in the field. United Nations reports up to mid-2025 indicate that humanitarian aid distribution remains blocked and attacks on civilian areas continue, revealing a compliance gap between legal obligations and political reality. This research concludes that the ICJ’s effectiveness lies more in its normative and reputational influence than in its coercive power. Its decisions provide a foundation for the legitimacy of diplomatic pressure, encourage informal sanctions, and strengthen the anti-genocide norm at the international level.
INSTITUTIONAL LEGITIMACY AND REGULATORY FRAMEWORK OF BMT: A JURIDICAL-NORMATIVE STUDY Erisa Ardika Prasada; Muhamad Rasyid; Santi Indriani; Diah Ayu Setiowati
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.v16i1.48288

Abstract

This study aims to analyze the history and transformation of Baitul Maal wat Tamwil (BMT) in Indonesia from the classical concept of baitul maal to a modern Islamic microfinance institution, as well as to compare it with microfinance models in other countries in order to identify its legal implications. The research uses a legal-normative approach supported by historical and comparative analysis. Data was obtained through a literature study covering legislation, academic literature, and policy documents related to BMT, as well as studies on Grameen Bank in Bangladesh and Amanah Ikhtiar Malaysia. The analysis was conducted using a qualitative-descriptive approach through historical-conceptual, normative, and comparative analysis stages. The results of the study show that BMT is a form of institutional transformation of the classical baitul maal, which originally functioned as a state fiscal institution, into a community-based Islamic microfinance institution that integrates social (maal) and business (tamwil) functions. The development of BMTs in Indonesia is bottom-up and gained policy legitimacy through the 1995 National BMT Movement. Compared to Grameen Bank and Amanah Ikhtiar Malaysia, which operate in conventional systems, BMTs have distinctive characteristics because they are based on sharia contracts and local community participation. The implications of this study emphasize the need for regulatory harmonization to strengthen legal certainty and BMT governance within the national financial system. Additionally, the BMT model has the potential to become an alternative for community-based economic empowerment that can be replicated in Muslim-majority countries. This study aims to analyze the history and transformation of Baitul Maal wat Tamwil (BMT) in Indonesia from the classical concept of baitul maal to a modern Islamic microfinance institution, as well as to compare it with microfinance models in other countries in order to identify its legal implications. The research uses a legal-normative approach supported by historical and comparative analysis. Data was obtained through a literature study covering legislation, academic literature, and policy documents related to BMT, as well as studies on Grameen Bank in Bangladesh and Amanah Ikhtiar Malaysia. The analysis was conducted using a qualitative-descriptive approach through historical-conceptual, normative, and comparative analysis stages. The results of the study show that BMT is a form of institutional transformation of the classical baitul maal, which originally functioned as a state fiscal institution, into a community-based Islamic microfinance institution that integrates social (maal) and business (tamwil) functions. The development of BMTs in Indonesia is bottom-up and gained policy legitimacy through the 1995 National BMT Movement. Compared to Grameen Bank and Amanah Ikhtiar Malaysia, which operate in conventional systems, BMTs have distinctive characteristics because they are based on sharia contracts and local community participation. The implications of this study emphasize the need for regulatory harmonization to strengthen legal certainty and BMT governance within the national financial system. Additionally, the BMT model has the potential to become an alternative for community-based economic empowerment that can be replicated in Muslim-majority countries. Keywords: BMT; economic empowerment of the community; Islamic microfinance.

Page 13 of 14 | Total Record : 133

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