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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 139 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
A CHALLENGES IN THE IMPLEMENTATION OF THE LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS BY NOTARIES THROUGH THE APOSTILLE MECHANISM IN INDONESIA Rahma Safitri; Diana Tantri Cahyaningsih; Subekti
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.v15i2.45199

Abstract

The legality of foreign public documents is a crucial aspect of civil legal relations between countries. Prior to the 1961 Apostille Convention, the legalization process in Indonesia involved a lengthy and complicated procedure. Following Indonesia's accession as a country to the Apostille Convention through Presidential Regulation Number 2 of 2021 concerning the Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents in 2022, the legalization system underwent significant changes. This study aims to analyze the legal standing and authority of Notaries in the legalization of foreign public documents after the accession of the Apostille Convention and the challenges in implementing the Apostille mechanism by Notaries. This study employs a normative juridical method, utilizing a statutory regulatory and legal doctrine approach. The results of the study indicate that the implementation of the legalization mechanism through the Apostille has accelerated and simplified the legalization process, although challenges remain in synchronizing regulations and understanding legal practitioners.
UTILIZATION OF PEOPLE'S BUSINESS CREDIT BY MSMES IN THE CONTEXT OF BUSINESS DEVELOPMENT IN THE COASTAL MARKET AREA, MALABERO VILLAGE Ganefi; Nurhani Fithriah; Arjun Nanda Dagusto
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.v15i2.45883

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in the Indonesian economy by absorbing labor, creating jobs, and supporting economic growth, particularly in coastal market areas such as Malabero Village, Bengkulu City. This research aims to analyze the utilization of People’s Business Credit as a government-supported micro-credit program and its role in supporting business development among MSMEs in the coastal market area of Malabero Village. This research employed an empirical legal research approach using field data as the primary source, collected through interviews with MSME actors in the Malabero coastal market area. The findings indicate that the utilization of micro-credit remains relatively low, as only a small proportion of business actors have accessed the program, mainly those with higher capital needs, while limited information, low financial literacy, and fear of debt hinder wider participation. The research concludes that strengthening financial literacy, improving program socialization, and providing continuous assistance are essential to enhance effective micro-credit utilization and promote sustainable MSME development in coastal areas.
IDEAL MODEL IN IMPLEMENTING THE PROMPT RELEASE PROCEDURE AS AN EFFORT TO OPTIMIZE LAW ENFORCEMENT IN THE INDONESIAN EEZ Ocha Andea Septika; Ferdi; Sri Oktavia
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.v15i2.47544

Abstract

This article examines the implementation of the Prompt Release Procedure in Indonesia as mandated by Article 73 paragraphs (2) and (3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). This article aims to answer questions related to how the Prompt Release Procedure is currently implemented in Indonesia and what the ideal model for implementing the Prompt Release Procedure in Indonesia would be as a means of enforcing the law against Illegal, Unreported, and Unregulated Fishing (IUU Fishing) in Indonesia's Exclusive Economic Zone (EEZ). This study uses a normative method supported by empirical data. The approaches used are a regulatory approach, a comparative approach, and a conceptual approach. The results of the study show that currently, prompt release has not been implemented in Indonesia even though its provisions are regulated in Article 15 of the ZEEI Law and Article 104 paragraph (1) of the Indonesian Fisheries Law. Currently, the law enforcement approach used is a criminal approach as primum remedium without first going through administrative mechanisms as mandated by Article 73 of UNCLOS 1982. The model for implementing the Prompt Release Procedure in Indonesia is to make administrative law enforcement the primum remedium against IUU Fishing in the EEZ and the criminal approach the ultimum remedium. Keywords: Prompt Release Procedure, Indonesian EEZ, UNCLOS 1982, IUU Fishing, Administrative Law Enforcement.
THE CONSTITUTIONAL LIMITS OF STATE USE OF ARTIFICIAL INTELLIGENCE IN INDONESIA: A DIGITAL CONSTITUTIONALISM PERSPECTIVE Bima Kumara Dwi Atmaja; Firmansyah Krisna Maulana
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.v15i2.48249

Abstract

The use of artificial intelligence (AI) by the state represents a fundamental transformation in the exercise of public power in the digital era. Across jurisdictions, AI systems are increasingly deployed in public administration, law enforcement, social welfare distribution, security surveillance, and other decision-making processes that directly affect the legal status and fundamental rights of individuals. While these technologies promise efficiency and administrative effectiveness, their use by public authorities raises significant constitutional concerns, particularly with regard to the protection of human rights, the rule of law, and democratic accountability. This article examines the constitutional limits of state use of AI and identifies the constitutional principles that should govern its deployment. This study employs a qualitative methodology based on a conceptual and comparative legal approach. It analyses the emerging framework of digital constitutionalism as a normative lens through which the use of AI by the state can be assessed, focusing on the principles of legality, proportionality, transparency, due process of law, and accountability. In addition, the article examines relevant standards under international human rights law, particularly the International Covenant on Civil and Political Rights (ICCPR), as well as comparative regulatory developments, most notably the European Union Artificial Intelligence Act. The analysis demonstrates that the use of AI by the state cannot be treated as a merely technical or administrative matter, but must be understood as a constitutional issue involving the exercise of public authority. Without a clear legal basis, effective oversight, and enforceable accountability mechanisms, AI risks expanding state power in opaque ways and undermining fundamental rights. The article concludes that the integration of digital constitutionalism into the governance of public-sector AI is essential to ensure that technological innovation remains consistent with constitutional values, human rights protection, and democratic governance.
THE REGULATORY DESIGN OF CONDITIONAL INVESTMENT INCENTIVES: A LEGAL FRAMEWORK FOR LOCAL ECONOMIC TRANSFORMATION IN MUSI RAWAS Abdul Aziz Zulhakim; Arie Elcaputra
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.v16i1.50141

Abstract

The implementation of regional autonomy necessitates local governments to foster fiscal independence through investment. However, Musi Rawas Regency faces acute structural investment imbalances characterised by an overconcentration of capital in the primary sector and minimal integration of local Micro Small and Medium Enterprises (MSMEs). This empirical condition is severely exacerbated by an underlying legal problem, namely a regulatory deficiency and administrative ambiguity regarding local investment incentives. Existing legal scholarship largely overlooks the absence of a comprehensive regulatory mechanism governing local administrative discretion, which leaves regions vulnerable to a race to the bottom. This study aims to fill this research gap by addressing the regulatory vacuum and developing a normative legal model for local investment incentives. Employing an empirical legal approach with an explanatory case study design, primary data were gathered through purposive comprehensive interviews with key stakeholders. The data were triangulated with statutory analysis and synthesised using an ex-ante evaluation framework. The results indicate that unconditional tax incentives are legally and fiscally detrimental. As a normative contribution, this article constructs a Conditional Incentives legal framework. This prescriptive legislative blueprint mandates corporations to establish MSME supply chain integration, conduct downstream industrialisation, and prioritise local workforce absorption as binding legal prerequisites to acquire licensing privileges and local retribution reductions. In conclusion, translating these socioeconomic obligations into a binding regional regulation is crucial to shift the investment paradigm from a race to the bottom to a race to the top, thereby ensuring legal certainty and inclusive economic transformation.
REFORMING LOCAL CRIMINAL POLICY : PREVENTIVE REGULATIONS AGAINST DURG ABUSE IN AN ARCHIPELAGIC REGION Wawan Lauwanto; Syawal Abdulajid; Nam Rumkel
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.v16i1.50843

Abstract

This research is motivated by the increasing dynamics of narcotics distribution and abuse in Kepulauan Sula Regency, which has not been accompanied by an integrated countermeasure policy, particularly in preventive aspects through socialization. Existing approaches remain predominantly repressive, focusing on law enforcement, while preventive efforts are not yet systematically and sustainably implemented. This condition reflects the necessity to formulate a local criminal law policy capable of integrating penal and non-penal approaches through regional legal instruments. The objective of this study is to analyze the implementation of criminal law policy in combating narcotics crimes in Kepulauan Sula Regency and to formulate the direction and substance of Regional Regulation based on preventive socialization. This study employs an empirical juridical approach with data collection techniques including literature study, interviews, and documentation. The data were analyzed qualitatively using theories of criminal law policy, law enforcement, and legal system. The results indicate that the implementation of criminal law policy in Kepulauan Sula Regency has been carried out through both penal and non-penal approaches, yet not optimally integrated. Law enforcement is still predominantly repressive, while preventive socialization activities remain partial, incidental, and unsupported by a structured policy framework. Limitations in resources, weak inter-institutional coordination, and low public participation contribute to the ineffectiveness of narcotics crime prevention. Furthermore, the formation of Regional Regulation is considered a strategic instrument to strengthen preventive policy by comprehensively regulating socialization, community involvement, institutional coordination, and the integration of penal and non-penal approaches. The implication of this study highlights the urgency of establishing a responsive and contextual Regional Regulation as an operational foundation to enhance legal awareness and improve the effectiveness of narcotics control at the regional level.

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