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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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BUDGETARY INDEPENDENCE OF THE SUPREME COURT IN THE NEW ERA OF NATIONAL CRIMINAL LAW: TOWARDS CONSTITUTIONALLY GUARANTEED STATE BUDGET ALLOCATION Deva Alfianto Supardi
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.v16i1.48403

Abstract

The Indonesian criminal law reform through the new Criminal Code (Law Number 1 of 2023) and the new Criminal Procedure Code (Law Number 2 of 2025) necessitates a transformative overhaul of the judicial system requiring substantial financial investment. Nevertheless, the Supreme Court budget merely constitutes 0.36 percent of the State Budget (APBN), significantly below the average of nations with constitutional judicial budget clauses. This study employs normative legal research methodology utilizing statutory and conceptual approaches to analyze the paradox between constitutional promises under Article 24 of the 1945 Constitution and the prevailing executive-centric budgeting reality. Quantitative data from the World Bank Worldwide Governance Indicators (2019–2023) demonstrate that the Rule of Law improved by 57 percent despite a 14.8 percent decline in government expenditure; however, Control of Corruption remained stagnant at -0.47. The findings indicate the necessity of constitutional entrenchment of judicial budget allocation at a minimum of 2 percent of the State Budget as mandatory spending. The Budget Guarantee Model comprising three pillars—mandatory spending clause, measured flexibility, and integrated oversight—is proposed as a middle-ground solution between executive capture and budgetary enclaves. Keywords: judicial budget independence; fiscal autonomy; constitutional entrenchment; Criminal Code implementation; Indonesia
THE PRINCIPLE OF LEGALITY AS AN INSTRUMENT LIMITING STATE POWER IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Haniyah Haniyah; Budi Handayani; Naillah Bintang Khoirunnisah; Wiati Samawati
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.v16i1.48469

Abstract

The expansion of criminal norms and the growing trend of criminalisation in various pieces of legislation raise concerns about the potential expansion of state power in Indonesia's criminal justice system. In the context of the rule of law, the principle of legality should serve as a constraint to prevent the state from imposing criminal penalties arbitrarily. However, in practice, this principle is often narrowly understood as a technical principle in the Criminal Code, without being placed in a broader constitutional framework. This study aims to analyse the principle of legality as an instrument to limit state power in Indonesia's criminal justice system and to emphasise its constitutional dimension. This study uses a normative juridical method with a regulatory, conceptual, and doctrinal approach. Data was obtained through a literature study of regulations, Constitutional Court decisions, and criminal and constitutional law literature. Qualitative analysis was conducted to identify the parameters of state power restrictions through the principle of legality. The results of the study show that the principle of legality has a strong constitutional dimension, reflected in the principles of legal certainty, protection of human rights, and restrictions on legislators and law enforcement officials. This study offers a Constitutional Legality Test Model that includes a norm clarity test, an interpretation limitation test, and a proportionality test.
IMPLEMENTATION OF THE POLLUTER PAYS PRINCIPLE AS THE BASIS FOR CORPORATE CRIMINAL LIABILITY IN FOREST ENCROACHMENT CRIMES Rocmad Dwi Riwayanto; Muklis Al'anam
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.v16i1.48489

Abstract

Deforestation by corporations is a serious environmental crime and has a significant impact on ecosystem damage and sustainable development. The objectives of this study are to: (1) analyze the application of the Polluter Pays Principle in corporate criminal liability for forest encroachment, and (2) identify normative and implementation weaknesses in enforcing this principle in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, supported by an analysis of law enforcement practices. The results of the study indicate that the implementation of PPPs in cases of forest encroachment is still limited to administrative and civil sanctions, while its utilization in the criminal justice system is not optimal. Three main problems found are: (1) the absence of a standard for assessing ecological losses that can be used to impose fines; (2) weak evidence of corporate interaction due to the complexity of organizational structures and the use of corporations; and (3) the lack of synchronization between the regulations of the Environmental Law and the Forestry Law in determining the form of criminal liability. The uniqueness of this study lies in the integration of the Polluter Pays Principle into a framework of corporate criminal liability based on a multi-doctrine approach (identification theory, indirect liability, and corporate culture theory) as a model for more effective law enforcement. Therefore, it is necessary to reformulate environmental criminal policy to emphasize the optimization of fines, ecological restoration, and systematic enforcement of corporate responsibility, so that the PPP principle can be implemented effectively and provide a deterrent effect. Keywords: Corporate Criminal Liability, Forest Encroachment, Polluter Pays Principle

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