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Bengkoelen Justice : Jurnal Ilmu Hukum

j_bengkoelenjustice
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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 120 Documents

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CASE STUDY OF CLAIM AGAINST VIOLENCE IN HOUSEHOLD IN RELIGION COURT OF CLASS I A BENGKULU Edytiawarman Edytiawarman; Slamet Muljono; Dimas Dwi Arso
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This study aims to determine what factors cause one of the parties to commit domestic violence and how is the judge's consideration in completing the case for divorce due to domestic violence in the Class I A Bengkulu Religious Court. In this study the authors use a normative juridical approach, also called research on doctrinal law that is the law conceptualized as what is written in the legislation or law conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate. In this study, what was sought was the decision of the Bengkulu Class Religion Court in deciding the case for divorce due to domestic violence. In this study the authors used a type of descriptive research, which is to provide as much detailed data as possible about human conditions or other symptoms. This descriptive method is intended to obtain a good, clear picture and can provide as much detailed data as possible about the object under study. In this case to describe the divorce due to domestic violence. The results of this study are expected to be used as a reference in conducting legal counseling in the city of Bengkulu to increase community legal awareness that domestic violence is contrary to applicable laws and regulations and as a reference material for the enrichment of civil law teaching materials in general and marriage law in general. especially.

PROCESS OF PROSPEROUS RESEARCH FILES IN THE CASE DETERMINING NEW INSTITUTIONS IN CRIMINAL MEASURES CORRUPTION Herlambang Herlambang; Antory Royan; Samhori Samhori
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This thesis is the result of research on "Process Attorney Researcher Case file in Determine Suspect New on Corruption", specifically this thesis discusses the process of determining the new suspects by prosecutors investigators file corruption cases and factor inhibitors for Attorney Researcher Files Case to determine a suspect new in the case file corruption. In particular, this thesis examines several cases of corruption filed by Investigator Police Resort Arga Makmur District Attorney of Public Prosecutions to Arga Makmur. The results of the study illustrate that the Attorney Researcher in determining new suspects in the case files submitted by police investigators are using the instrument giving direct instructions by the prosecution team of researchers P 19 and the instrument exposes / his case subsequently prosecutors investigators case file gives instructions to the investigator to be fulfilled within 14 days after prosecutors clue investigators met by investigators, the case file is declared complete by prosecutors investigators (P21).

IMPLEMENTATION OF APPOINTMENT AND DISMISSAL OF OFFICERS IN DEPARTMENT OF POPULATION AND CIVIL REGISTRATION AT MUSI RAWAS UTARA REGENCY BASED ON THE MINISTER OF HOME AFFAIRS OF THE REPUBLIC OF INDONESIA REGULATION NUMBER 76 OF 2015 Dwi Rahma Okta Wulandari; Amirizal Amirizal; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

This study was aimed to analyze the mechanism for the appointment and the dismissal of officers in the Department of Population and Civil Registration at Muratara Regency based on Permendagri Number 76 of 2015, and the legality of the appointment and the dismissal of officers in the Department of Population and Civil Registration carried out by the Regent of Muratara Regency.The type of this research was normative that supported by interviews, using a statutory approach and research material sources of primary and secondary data which were collected through literature and field studies.The results of this study indicate that the mechanism for the appointment and the dismissal of officers in the Department of Population and Civil Registration at Muratara Regency is based on Permendagri Number 76 of 2015. The appointment and the dismissal of the Head of Department of Population and Civil Registration as a Primary High Officer Position in regency are under the authority of the Minister of Home Affairs, not the Regent. The regent is only authorized to make proposals for appointment (and dismissal) through the Governor and includes proposals for three names of candidates for appointment, then one of them be elected by the Minister, stipulated by a Ministerial Decree, and inaugurated. The appointment and the dismissal of officers in Disdukcapil carried out by the Regent of Muratara Regency is illegal, considering that the dismissal of the head of Disdukcapil Department (Kadisdukcapil) and his new appointment in 2016 was carried out by the Regent, not by the Minister. Besides, there are no reasons and considerations (including the proposal for the appointment of an official candidate) for the dismissal of the previous Kadisdukcapil as stipulated in Permendagri Number 76 of 2015.

THE COMPLIANCE LEVEL OF OFFICIALS FOR STAFF DEVELOPMENT IN LAW ENFORCEMENT OF STATE CIVIL APPARATUS DISCIPLINE AT THE GOVERNMENT OF BENGKULU PROVINCE Agung Praja Putra; Iskandar Iskandar; Jonny Simamora
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Government of Bengkulu Province is strongly committed to improve the quality of the bureaucratic reform of Apparatus Resourcesparticularly apparatus resources reform at the environment of Local Government of Bengkulu Province. Based on Attachment 1 of Regulation of the Head of the Civil Service Agency No. 21 of 2010 concerning the Implementing Regulations of Government Regulation No. 53 of 2010 on Discipline of Civil Servants, it is known that the employee dismissal procedures that violate discipline begins by calling the concerned continued with the establishment of inspection team. The results of the examination if proven to do violation, then the competent authorities impose disciplinary punishment. There have been many advances experienced by the government in the field of employment, which previously civil servants performance was rated based on patronage system where the presentation and work are preferred switched to merit systemin which the competence and performance of employees are preferred. However, there are still some violations occurred both violations of discipline and criminal.

PROTECTION OF SELF-DEVELOPMENT RIGHT FOR CONVICTED CRIMINALS IN THE ENVIRONMENT OF CLASS IIA CORRECTIONAL INSTITUTIONS OF BENGKULU Henny Wins; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The correctional institutions developing nowadays adopts a penal system that is more educating and fostering. Formerly, correctional institutions adhered to a prison system that was more of a punishment for crimes committed by the criminals. In general, fostering the prisoners aims to make prisoners to be fully human through the strengthening of faith (mental endurance) as well as to foster the prisoners to be able to integrate naturally in prison and in a wider life (community) after serving their convictions. This study on the protection of self-development right for convicted criminals in the environment of class IIA correctional institutions of Bengkulu was an empirical legal research that aimed to find out and to analyze the implementation of protection of self-development right for prisoners as well as to find out and to analyze the obstacles faced in implementing the protection of self-development right for prisoners in the environment of class IIA correctional institutions of Bengkulu. Data sources of this research were primary and secondary data. Data collection methods applied in this study were interviews and documentation. The data processing method used was descriptive qualitative. From the results of the study, it was revealed that: 1) the implementation of the fulfillment of juvenile prisoners’ right to obtain education at the class IIA correctional institutions of Bengkulu had not been fully fulfilled. To fulfill the educational process, there are Program Kejar (Kelompok Belajar/Study Group) of Package A (equivalent to elementary school), Package B (equivalent to junior high school), and Package C (equivalent to high school) as a series of processes for fulfilling the right for education for juvenile prisoners. But the program had not run optimally according to standards set by the government. Most of the juvenile prisoners make self-taught learning; 2) in the implementation of the education process in prisons, there were several factors that become obstacles in its implementation. These factors included the lack of partners to carry out the process of fulfilling the right for education, the facilities available in correctional institutions were inadequate, the limited teaching staffs provided by the local Education Department, lack of supervision on juvenile prisoners if they were pursuing education outside correctional institutions, as well as minimal budget allocations for educational purpose in correctional institutions.

THE ROLE OF BENGKULU REGIONAL SUPERVISION INSPECTORATE IN PREVENTING TAX FRAUD AT POLDA BENGKULU ENVIRONMENT Rusli Rachman; Lidia Br Karo; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Tax fraud is a behavior that is not justified by law, but in Regional Police (Polda) of Bengkulu the behavior is often found by the supervisory apparatus in 2019 with a total loss that has been deposited of Rp 57,668,922. In order to minimize and eliminate these behaviors, efforts and sanctions were required by the supervisory apparatus carried out by Itwasda (Regional Inspectorate Supervision) Polda Bengkulu. From this background, the problemsexamined were: (1) What was the role of the Itwasda Polda Bengkulu in preventing Tax Fraud within Polda Bengkulu? (2) What was the form of sanctions imposed by Itwasda Polda Bengkulu in responding to the work unit that embezzled tax money? To answer these problems, this study used descriptive research method. The type of this research was an empirical research. The sources data used were primary and secondary data. The processing data was done by editing, coding, reconstructing, systematizing then analyzing qualitatively using the deductive-inductive and inductive-deductive methods. The results showed that (1) Preventive Field was held based on the number of findings related to tax fraud in 2019 and has been running quite well and effectively. In addition, Itwasda Bengkulu has also made innovations in the form of activities such as Prawasrik (Pre Supervision and investigation), Verification Team of Perwabkeu (Financial Accountabilty) and Internal Coordination improvement (2) Repressive Field was in the form of Wasrik activities by providing findings along with recommendations on the object of inspection. The result concluded that the number of findings in the field of taxation and deprivasion was increasingly reduced.

THE IMPLEMENTATION OF PARENT’S RESPONSIBILITIES (HOMELESS) TOWARDS CHILDREN WELFARE ACCORDING TO REGULATION’S NO. 4 OF 1979 ON CHILDREN WELFARE IN BENGKULU CITY Ardani Mahendra; Joko Susetyanto; Nur Sulistyo Budi Ambarini
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

The aims of the study entitled “Parents’ Responsibilities toward Children Welfare According to Regulations No. 4 of 1979 on Children Welfare (A Case Study on the Homeless in Bengkulu City) Analyzed by Using Theory of Role” were to analyze the implementation of parents’ responsibilities (homeless) toward children welfare in Bengkulu City, and to analyze the factors influenced the failure in performing parents’ responsibilities (homeless) in ensuring the welfare of children in Bengkulu City. The method used was empirical legal research with descriptive characteristic. The result of the study showed that: the implementation of parents’ responsibilities (homeless) in Bengkulu City toward the children welfare was below the acceptance standard level since a majority of parents (homeless) in Bengkulu City could not perform their responsibilities as parents, and the factors influenced the failure in performing parents’ responsibilities (homeless) in ensuring the children welfare in Bengkulu City were consisted of economic factor of the family, socio-economic role of the family, the family unity, attitudes and habits of parents, as well as communication between parents and children.

STUDY ON UNDERAGE MARRIAGE IN EMPAT LAWANG REGENCY VIEWED FROM THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 16 OF 2019 IN CONJUNCTION WITH LAW NUMBER 1 OF 1974 ABOUT MARRIAGE Alfha Sulindra; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Underage marriage is a marriage bond between a man and a woman, where the age of both or one of them has not reached the limits stipulated in Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage. Underage marriage is one of the legal acts that is not justified by the law of marriage. However, in reality in Empat Lawang Regency it is still practiced, and even the number of underage marriages is still high. The formulation of the problems in this study were: (1) How was the underage marriage in Empat Lawang Regency viewed from the Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage? (2) What were the factors causing the high rate of underage marriage in Empat Lawang Regency? (3) How was the impact of underage marriage on the harmony of domestic life? The research method applied in this study was juridical empirical. The results of this study indicated that: (1) Underage marriage in Empat Lawang Regency had been carried out according to Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, if the prospective husband and wife had not met the requirements as regulated in the Law, then the prospective husband and wife must apply for dispensation to the Religious Court for approval of marriage permits. (2) The factors causing the high rate of underage marriages in Empat Lawang Regency consisted of being pregnant outside of marriage (married by accident), worrying that their child will fall into promiscuity, pressure from parents, lack of economic stability, desire of lasting relationship, family traditions, lack of parental supervision of children, lack of sex education, and parental mindset. (3) The impact of underage marriage on the harmony of household life was the difficulty to form such a harmonious household.

THE IMPLEMENTATION OF RESTORATIVE JUSTICE AT THE WOMEN AND CHILDREN PROTECTION UNIT OF BENGKULU POLICE RESORT (CASE STUDY ON SEXUAL CRIME) Aziza Yuli Susanti; Antory Royan Adyan; Lidia Br Karo
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

The frequent occurrence of cases of which the solutions did not prioritize the best interest for all parties which commonly called as Win-Win Solution resulted in Criminal Justice System to implement Restorative Justice System Justice in which considered to be better because it fix the relation between the victim and the perpetrator. This thesis research used empirical legal research method, the data used was primary, secondary, and tertiary data. The population in this study was all the investigators and co-investigators of Women and Children Protection Unit as well as all the parties who have dealt with Women and Children Protection Unit of Bengkulu Police Resort. Data analysis performed through descriptive qualitative method which elaborates the data in the form of sentences systematically based on the statements obtained from the result of the study in the field. The result of this study was in order to manifest an ideal role, investigators need to undergo development and improvement in various aspects, among others are: it is necessary to do socialization and coordination, improvement of quality as well quantity of adequate human resources, in order to be skillful, tenacious, and responsible and professional.

DISPUTE RESOLUTION OF INHERITANCE DISTRIBUTION FOR THE SUBSTITUTE HEIR IN TERMS OF ISLAMIC LAW Putri Larasati; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study was aimed to determine the settlement of disputes regarding the distribution of inheritance to substitute heirs left by their grandparents in terms of Islamic law and to determine the position of substitute heirs for the assets according to Al-Quran and Hadith provisions. The data collection technique used in this study was a normative legal research methodology based on a literature study. From this research, it is known that (a) The rights of grandchildren as substitute heirs to replace their deceased parents are the same as the rights which obtained by their mother's sister. It caused by the 2 sons and 3 daughters so that the distribution of inheritance is based on a ratio of 2:1. In accordance with the provisions of Q.S An-Nisaa'/7:4. To give the inheritance to a grandchild who replaces their deceased parents’ position, he/she can use a mandatory will so that he/she can receive the inheritance left by their grandparents. And if there is a dispute regarding the distribution of inheritance to the replacement heirs, it should be resolved by a mediation process as a tools of dispute resolution because it is considered as faster, easier, and less costly than the litigation process, (b) Al-Quran does not regulate the provisions regarding substitute heirs, but the Article 185 of the Islamic Law Compilation stipulates that the substitute heirs can replace their parents and the asset share of substitute heirs,must not exceed the share of the heirs which is equal to was replaced.

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Dimas Dwi Arso

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dimas Dwi Arso

Contact Email ddarso@unib.ac.id

Phone +6285267043381

Journal Mail Official jurnalbkljustice@unib.ac.id

Editorial Address Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dimas Dwi Arso

Contact Email
ddarso@unib.ac.id

Phone
+6285267043381

Journal Mail Official
jurnalbkljustice@unib.ac.id

Editorial Address
Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.

Location
Kota bengkulu,

Bengkulu

INDONESIA