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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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The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono) Nurhani Fithriah
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.

THE STATUS OF STATE CIVIL APPARATUS COMMISSION IN STATE SYSTEM OF INDONESIA Desi Susanti; Edra Satmaidi; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Along with the formation of institutions in Indonesia, it is known by the term Non-Departmental Government Institutions (LNDP) which after the enactment of the Law on State Ministries which changed department term into ministry, but at the initiative of several ministries, there were also other terms that were introduced, namely Non-Structural Institutions (LSN). One of the NonStructural Institutions (LSN) currently is State Civil Apparatus Commission. In Article 1 number 19 of Law Number 5 of 2014 concerning State Civil Apparatus is stated that the Commission of ASN, which abbreviated as KASN, is a non-structural institution which independent and free from political intervention to create ASN employee that professional and performs to provide services fairly and neutral and become adhesive and unifier of the nation. KASN was formed to supervisethe implementation of basic norms of the ethic code and behavior code of ASN as well as the Application of the Merit System in ASN’s policy and management.

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES Candra Irawan; Adi Bastian; Febrozi Rohadi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution.

DEFAULT IN OF LEGAL AID COLLABORATION AGREEMENT BETWEEN ADVOCATES AND REGIONAL GOVERNMENTS OF CENTRAL BENGKULU REGENCY Febricka Riezky Ramadhanti; Ganefi Ganefi; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

This study aimed to determine and analyze the implementation of the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal aid and to find out and analyze the settlement in the event of a dispute in the implementation of a cooperation contract between the Regional Government of Bengkulu Tengah Regency and an advocates in the field of providing legal aid. This research was an empirical research and the data analysis used was qualitative with deductive-inductive thinking method. The results showed that the cooperation contract between the Regional Government of Bengkulu Tengah Regency and advocates in the field of providing legal assistance was carried out through a written agreement. The legal basis for the cooperation contract was based on Article 9 letter a and b of Law Number 16 of 2011 concerning Legal Aid, specifically stipulated by the Decree of the Regent of Central Bengkulu Number 3 of 2013 concerning the Stipulation of Advocates/Lawyers in the Context of Resolving Legal Problems for Civil Servants/Apparatus in the Regional Government of Central Bengkulu Regency in 2013 and all costs in the implementation of the cooperation contract for the provision of legal assistance were borne by the Regional Government of Central Bengkulu Regency through Number DPA 1.20 (1.20.03) .20.09.5.2. Whereas the obstacles in implementing the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal assistance included the payment of honorariums to lawyers who were often late or paid once every three months, as a result lawyers could not carry out their duties and functions properly. The settlement of these obstacles by both parties agreed to do non-litigation, which was negotiations, so that the cooperation agreement would not be broken.

THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA Sandra Megayanti; Candra Irawan; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

JURIDICAL REVIEW OF THE FACILITATION OF COMMUNITY PLANTATION DEVELOPMENT BY PLANTATION COMPANIES Lestariana Marwassari; M. Yamani; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The government regulates the facilitation of community plantation development as much as 20% of the area of rights by plantation companies. This provision which is the obligation of the company was still not regulated in a clear and firm legal arrangement so that it created multiple interpretations in its application. Based on this matter, the writer was motivated to analyze the legal arrangements for the facilitation of community plantation development by plantation companies and the obstacles encountered in the implementation. The plantation company which was the focus of the research was PT. Pamor Ganda with Business Right (known as HGU in Indonesia abbreviation) Number 16/1989 by studying the HGU extension document. This was a normative research with a statutory approach. The method of analysis performed was content analysis, then the interpretation was carried out to understand the conclusions. The results showed that legal arrangements in the land sector, Micro, Small, Medium Enterprises (MSMEs), and plantations had not been able to solve the problems that exist in the implementation of facilitation of community plantation development by plantation companies. The company's obstacle was that the plasma farmers' plantation area around the companies’ plantation area had not been able to meet the 20% area requirement. While PT. Pamor Ganda had fulfilled its obligation to facilitate community plantation development by releasing its 114 hectare of HGU area.

THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE Yosril Radiansyah; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.

THE LEGAL CERTAINTY OF CERTIFIED LAND WITHOUT OFFICIAL LAND DEED (PPAT) DOCUMENT IN PADANG JAYA SUB DISTRICT OF BENGKULU UTARA REGENCY Erwin Setyawan; Farida Fitriyah; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This study aims to analyze and indentify the causes and factors affecting as well as the effect of Sales and Purchase of certified Land without Official Land Deed (PPAT) document in Padang Jaya sub district of Bengkulu Utara Regency. The research method used in this study was qualitative descriptive. Data collecting technique was empirical data from interview that have been conducted on September 13th to 20th, 2016. Data analysis used qualitative descriptive. The result of this study showed that the registration of land is not effective yet. The effective law in land registration depends on legal factor, law enforcement factor, infrastructures and facilities factor, society factor and cultural factor. While the factors affecting in implementation of law effectivity are constitutional factor and infrastructures and facilities factor. Overall it can be concluded that there is not law effectivity in Sales and Purchases of certified Land without PPAT document in Padang Jaya sub district of Bengkulu Utara Regency which needs legal protection and legal certainty in land registration.

POLICE APPARATUS ROLE IN DETERMINING THE PERPETRATORS’ RESPONSIBILITY FOR DESTRUCTION OF GOODS CONDUCTED BY COMMUNITY (IN CASE OF TRAFFIC ACCIDENTS IN KAUR) Rianto Ade Putra; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

On Sunday of August 2nd, 2015 in Tanjung Harapan highway, Semidang Gumay District of Kaur Regency there has been a vigilantism (Eigenrichting) in the form of destruction and burning of one (1) unit of car that carried out jointly by the community, but until the study was conducted, there has been no follow-up for perpetrators of the destruction and burning of the car, so it raises the question whether the actions taken by community in Tanjung Harapan Village cannot be prosecuted. The purpose of this study was to determine how the role of Police Apparatus in determining the responsibility of perpetrators for destruction and burning of the car. The results showed that the role of Police in determining the responsibility of perpetrators for destruction of goods conducted by community was as the investigators in that case, and must make a report of criminal acts as referred to Article 6 Paragraph (1) and Paragraph (2) of Head of the Indonesian Police (PERKAP) Number 12 of 2009, then these reports provide a basis for investigation in accordance with the provisions laid down in the Criminal Code. Police as investigators may use Article 406 Paragraph (1) and Article 170 of the Criminal Code as a chapter of suspicion in the investigation process against the destruction of goods conducted jointly by the members of the community in Tanjung Harapan Village of Kaur Regency.

OVERLAPPING BETWEEN PROVINCIAL REGIONAL REGULATIONS WITH REGENCY/MUNICIPAL LOCAL REGULATIONS ON THE REGULATED MATERIAL VIEWED FROM THE LAW NUMBER 12 OF 2011 REGARDING ESTABLISHMENT OF LEGISLATION Iip Septian; Amancik Amancik; Patricia Ekowati Suryaningsih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

The occurrence of overlapping between provincial regional regulations and regency/municipal regulations on the same material may create legal problems, because if they are not properly regulated, then authority in the implementation and enforcement of overlapping regional regulations becomes biased, this condition resulted in the failure to fulfill the justice and legal certainty aspects, as well as the benefit aspect, because there are dual regulatory arrangements, which are the regency/municipality regulations and the provincial regulations, in which hierarchically the two regional regulatory instruments are unequal, where the provincial regulation has a higher position than regency/municipal regulations. The similarity of content material between provincial and regency/municipal regulations as referred to in the provisions of Article 14 of Law Number 12 Year 2011 concerning the Establishment of Legislation makes it possible to regulate the same material between provincial and regency/municipal regulations. In the context of provincial and regency/municipal regulations governing the same material, then orders, restrictions, permits and licenses must be clear and resolute, where the regency/municipal regulations cannot contain different orders, prohibitions, licenses and permits which has been formulated in the provisions of the provincial regulation, or in other words, the norm formulation in regency/municipal regulations shall not be contradictory to the norms regulated in provincial regulations. Essentially, regency/municipal regulations can only regulate matters that have not been regulated in the above legislation.

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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