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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 IMPLEMENTATION OF CHILDRENADOPTION LICENSING IN THE BENGKULU PROVINCE BASED ON GOVERNMENT REGULATION NUMBER 54 OF 2007 CONCERNING THE IMPLEMENTATION OF CHILDREN ADOPTION Willy Purnama Hidayanti; Edra Satmaidi; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The State and the Government are obliged and responsible for the orderliness of children adoption practices, both in terms of administration and legal certainty. Therefore several policies were issued through legislation and jurisprudence that regulates and handles the issue of children adoption. The implementation of children adoption must be based on Government Regulation of the Republic of Indonesia Number 54 of 2007 concerning Children Adoption. This study aims to get an overview and explanation of the Implementation of Licensing for ChildrenAdoption in Bengkulu Province Based on Government Regulation 54 of 2007 concerning the Implementation of Children Adoption. The children adoption process requires regulations that are in accordance with the Laws and Government Regulations and needs control of how they are implemented in the field. In addition to the Social Department of Bengkulu Province as the technical executor of adoption activities, it is necessary to establish a Regional Consultation Team for Children Adoption (known as PIPA in Indonesian abbreviation), to avoid irregularities in the process of implementation of children adoption, such as the adoption of children carried out without proper procedures, falsification of data and the existence of child trafficking, so the goal of adopting a child for the best interests of the child is not achieved. In analyzing the data in this thesis, the researcher applied a qualitative juridical analysis approach that describes the picture of the data obtained by researcher in the field and connects with each other to get a general conclusion. From the results of the qualitative juridical analysis, it can be seen and obtained inductive conclusions, namely the way of thinking in taking conclusions in general was based on facts that are specific. Data collection methods in this study were done through in-depth interview techniques, observation and documentation.The informants in this study were determined by selecting informants who comprehended and were directly involved in the implementation of child adoption programs. The informants consisted of the Head of Social Rehabilitation Division at the Social Department of Bengkulu Province, Head of Children and Elderly Social Rehabilitation Section at the Social Department of Bengkulu Province, Head of ChildrenProtection Section of the Women Empowerment Department and Children Protection in Bengkulu Province, Children Social Workers and Parents or Prospective Adoptive Parents who follow procedural for children adoption in accordance with applicable regulations. Data processing and analysis were conducted through data reduction, data presentation and conclusion drawing.

LEGAL PROTECTION TOWARDS EXPORTERS AND IMPORTERS IN INTERNATIONAL TRADE TRANSACTIONS USING LETTER OF CREDIT (L/C) AS A PAYMENT SYSTEM AT PT. BANK MAYBANK INDONESIA TBK BRANCH OF BENGKULU Dinda Estasari; Widya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aims to examine and to analyze the legal protection of exporters and importers in international trade transactions using Letter of Credit (L/C) as a payment system at PT. Bank Maybank Indonesia Tbk branch of Bengkulu. The type of this study was normative legal research with descriptive analytical research design. The result of this study indicated that in an international payment system that used L/C, both exporters and importers were protected, thus exporters did not have to worry about their goods not being paid for, while importers did not need to worry that the goods they bought did not arrive or that they would lose payment, because the bank would guarantee this matters if the required documents were appropriate. PT. Bank Maybank Indonesia Tbk branch of Bengkulu, in protecting its customers, must have considerations both based on the provisions of national banking regulations and based on the applicable banking practices. The efforts made by banks to protect exporters and importers were such as banks have to implement good corporate governance, apply Know Your Customer principles including the principle of prudence in providing L/C facilities, apply the Know Your Employee principle. Moreover, it was necessary to apply optimal sanctions in case of violation of procedures. The L/C arrangements at PT. Bank Maybank Indonesia Tbk branch of Bengkulu adheres to UCP 600 so that it can avoid differences or misinterpretation between the transacting parties as far as possible.

THE AUTHORITY OF THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET IN CENTRAL BENGKULU BASED ON THE REGENT’S REGULATION OF CENTRAL BENGKULU NUMBER 34 OF 2018 REGARDING THE AUTHORITY DELEGATION OF THE REGENT TO THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET AND DRAFT REGULATION OF THE VILLAGE ABOUT VILLAGE BUDGET AMENDMENT Neny Zarniawati; Elektison Somi; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

The researcher will discuss the Sub-Districts Head authority in evaluating Draft Regulation of the Village regarding Village Budget (APBDes) in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village regarding Village Budget and Draft Regulation of the Village about Village Budget Amendment (p-APBDes). The purpose of this research was to find out and to analyze the authority of the Sub-District Head in terms of evaluating the Draft Regulation of the Village regarding APBDes in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the SubDistrict Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes. This research was normative legal research. Data sources used were primary and secondary data sources. In collecting the data, the researcher used the methods of library studies and field studies. After the research was conducted, it canbe concluded that the authority of the Sub-District Head in evaluating the Draft Regulation of the Village regarding APBDes and P-APBDes in Central Bengkulu Regency was carried out based on the regulation mandate that stipulated in Law No. 6 of 2014 about Village, Law No. 23 of 2014 about Local Government, Government Regulations No. 43 of 2014 about Regulations for Implementing Village Laws, Government Regulations No. 17 of 2018 about sub-districts, Regulation of Minister of Home Affairs No. 20 of 2018 about Village FinancialManagement and Regent’s Regulation of Central Bengkulu number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes.

UNIT PRICE CONTRACT IN CONSTRUCTION WORK Herawan Sauni; Yosep Fery Yorizal Fery Yorizal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

According to Presidential Regulation No. 54 of 2010 article 50 paragraph (3) there are 5 (five) contract of procurement goods and services based on payment namely lump sum contract, unit price contract, the combination of lump sum and unit price contract, percentage contract and turnkey contract. Of those five contract types, lump sum and unit price contracts are the most common contract applied in construction work; but other types are also possible to be applied. Government Regulation No. 29 of 2000 article 21 paragraph (2) states “Construction work contract of unit price payment as stated in article 20 paragraph (3) part a number 2 is a contract on services for each completed unit of work within the time given with fixed price for each unit based on volume of work done by service Supplier”. However, there are many service Suppliers in Department of Public Works that do not fully understand about unit price contract in construction work. Thus, the objective of this study is to find out the important considerations in applying unit price contract in work construction.

SETTLEMENT OF NON-PERFORMING LOAN THROUGH MEDIATION AT BANK OF CENTRAL ASIA CO., LTD. OF BENGKULU BRANCH OFFICE Tara Maziyyah; Edytiawarman Edytiawarman; Widiya N Rosari
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

This study aims to determine and analyze the settlement of problem loans through the mediation of PT. Bank Central Asia Bengkulu Branch and to identify and explain the obstacles that arise in the settlement of non-performing loans at PT. Bank Central Asia, Bengkulu Branch. The research method used is empirical legal research, the research location was at PT Bank Central Asia Bengkulu Branch Office, the data collection technique was carried out through interviews. In PT Bank Central Asia, Bengkulu Branch, there are 178 people who are debtors. If the debtor does not fulfill his obligations, there will be default, which can cause the credit activity to become a non-performing loan. The settlement of non-performing loans at PT Bank Central Asia, the bank first carries out the negotiation stage, if the obligations are still not fulfilled by the debtor, the next step is to carry out the mediation process. The process of settling non-performing loans through mediation at PT Bank Central Asia Bengkulu Branch is carried out by means of internal mediation, which is the mediator, namely from the Legal and Compliance Task Force team at the Sentul Head Office, Bogor. There are 7 debtors who have completed problem loans until the mediation stage. The non-performing loan settlement process has never been carried out by means of litigation and never through OJK. Inhibiting factors have 2 causes, namely from internal factors and external factors. The suggestion for this research is to provide insights about the mediation process to the debtor so that the debtor understands the mediation process.

IMPLEMENTATION OF BANK INDONESIA REGULATION NO. 18/40/PBI/2016 ON PAYMENT TRANSACTIONS USING CREDIT CARDS AT SHOPPING CENTERS IN BENGKULU CITY Muhammad Tedy Dorisman Setiadi; Nur Sulistyo Budi Ambarini; Widiya N Rosari
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v9i2.9978

The objective of the research was to study the implementation of Bank Indonesia Regulation No.18/40 / PBI / 2016 onDouble Swipe of Credit Card. The empirical juridical approach method in this researchused primary and secondary data as the main research data, through interviews and literature. A credit card is a credit facility provided by the issuing bank to its customers for transaction. From the research it was found thatin prior to the enactment of Bank Indonesia Regulation No.18/40/PBI/2016 on Payment Transactions Using Credit Cards, there were merchants that still do double swipe on credit card during payment transactions, first in the EDC (Electronic Data Capture) machine and on the cash register machine. However,due to the restriction on double swipe on credit card, this had been reduced. It was also strengthened by a strict regulation in the form of sanctions, reprimands and threats of crime committed by Bank Indonesia to merchants who conduct double swipe on credit card. The mechanism of bank issuing the credit card in giving approval is always different, but the terms and procedures are relatively the same. Legal protection of credit card users occurs when the signing of credit card approval agreement between the issuing bank and users since there is not clear juridical regulation. The problem mostlyarisingregarding the credit cards usage was credit card data scam. The only way to prevent this was through the use of credit cards properly, securely store credit cards when making payment transactions using credit cards, and understand the procedure of using a credit cardinpayment transactions properly. In case of credit card violation, the holder must report to the bank issuing the credit card and Bank Indonesia.

THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY AS A LEGAL OBLIGATION FOR PLANTATION COMPANIES IN SELUMA REGENCY M. Alvin Azhari; Widiya N. Rosari; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aimed to examine and analyze the implementation of corporate social responsibility as a legal obligation for plantation companies in Seluma Regency carried out by PTPN VII of Padang Pelawi Business Unit. The type of this study was juridical empirical with descriptive research design. The results of this study indicated that the implementation of CSR by PTPN VII of Padang Pelawi Business Unit had been carried out with the Partnership and Community Development Program (known as PKBL in Indonesian abbreviation) based on the State-Owned Enterprise Ministerial Regulation Number: 09/MBU/07/2015 concerning the Partnership and Community Development Program for State-Owned Enterprises and its amended regulations. However, it had not been running optimally. Matters that need to be revised and improved besides continuing to implement the PKBL program that have been carried out were continue to enhance other CSR activities, especially those related to efforts to improve community welfare by increasing business capital assistance in the Partnership Program, and to provide access to information as well as to establish communication with the community so that CSR objectives can be more optimal.

TINJAUAN YURIDIS PENDAFTARAN HAK TANGGUNGAN DALAM PELAYANAN HAK TANGGUNGAN TERINTEGRASI SECARA ELEKTRONIK Jefri Guntoro; Emelia Kontesa; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Penelitian ini dilakukan untuk memperoleh gambaran tentang pendaftaran Hak Tanggungan secara elektronik yang telah diterbitkan Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 9 Tahun 2019 tidak semua proses pendaftaran HakTanggungan dilakukan secara elektronik. Metode Penelitian yang digunakan adalah metode penelitian hukum normatif. Sedangkan metode pengumpulan data yang digunakan adalah metode pendekatan undang-undang, konseptual dan historis. Hasil penelitian menunjukan bahwa, pendaftaran Hak Tanggungan secara elektronik dilakukan melalui Sistem HakTanggungan Elektronik oleh PPAT dan Kreditur dengan mengupload dokumen persyaratan secara elektronik sampai mendapat sertipikat Hak Tanggungan dan catatan Hak Tanggungan pada buku tanah dan Sertipikat Hak Atas Tanah atau Hak Hak Milik Atas Satuan Rumah Susun dalam bentuk elektronik, dan juga pendaftaran Hak Tanggungan secara elektronik masih memiliki kelemahan antara lain Sertipikat Hak Atas Tanah Atau Hak Milik Atas Satuan Rumah Susun harus atasnama debitur dan belum diaturnya mekanisme sindikasi kredit.

THE IMPLEMENTATION OF REGULATION OF THE MINISTER OF RELIGIOUS AFFAIRS OF THE REPUBLIC OF INDONESIA NUMBER 12 YEAR 2016 REGARDING THE MANAGEMENT OF NON-TAX STATE REVENUES ON MARRIAGE FEE OR RECONCILIATION OUTSIDE THE DISTRICT OFFICE OF RELIGIOUS AFFAIRS AT THE DISTRICT OFFICES OF RELIGIOUS AFFAIRS IN BENGKULU CITY Budi Hartono; Sirman Dahwal; M. Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

One of the sources of non-tax state revenues from the District Office of Religious Affairs comes from the marriage fees that are carried out outside the District Office of Religious Affairs, as stipulated in the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 Year 2016. This Regulation of the Minister of Religious Affairs is applied in all District Offices of Religious Affairs in every City or Regency in Indonesia. The formulations of the problem investigated in this study were: (1) How was the Implementation of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 of 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs in the District Offices of Religious Affairs in Bengkulu City?; (2) Was the marriage cost outside the District Office of Religious Affairs paid by the bride and groom outside the provisions of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs can be classified as gratification acts y as regulated in Law of the Republic of Indonesia Number 20 year 2001 concerning Corruption Crimes?. The research method used to address these problems was the empirical juridical research method. The results of this study indicated that: (1) The regulation of the Minister of Religious Affairs Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fee and/or Reconciliation Outside the District Office of Religious Affairs, has been implemented at the District Offices of Religious Affairs of Bengkulu City, namely, in terms of the provisions for marriage fees, deposits and receipts, disbursements, uses and reporting. (2) Marriage Fees or Reconciliation Outside the District Office of Religious Affairs, especially in the case of the Headman, or the Head of the District Office of Religious Affairs, or Officers who received money when carrying out services for the implementation of marriage contract counseling outside the District Office of Religious Affairs, cannot be classified as gratification acts as regulated in the Law of the Republic of Indonesia Number 20 Year 2001 regarding Corruption Crime.

IMPLEMENTATION OF CONSUMER PROTECTION ON EXECUTION OF UNREGISTERED FIDUCIARY WARRANTYAT PT.FEDERAL INTERNATIONAL FINANCE (FIF) OF BENGKULU BRANCH Septeddy Endra Wijaya; Slamet Muljono; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

The execution of collateral in the financing institution as contained in the UUJF is clearly made by the creditor against the debtor whose is breach of contract, in which the execution of the creditor has a permanent legal forceand legitimate. However, for unregistered warranty in accordance with UUJFwould cause conflict. One of the conflicts that arises is the unprotected consumer rights. The purpose of this research is to understand and analyze the implementation of consumer protection on execution of fiduciary Warranty which is not registered at PT.Federal International Finance (FIF) of Bengkulu Branch. The method used was empirical juridical approach, by using qualitative analysis. Result of the research mentioned that implementation of consumer protection at execution of unregistered fiduciary Warranty at PT. Federal International Finance (FIF) of Bengkulu Branch was not in accordance with the provisions of applicable legislation where the execution of PT. Federal International Finance (FIF) of Bengkulu Branch was not accompanied by a fiduciary certificate and was not through previous mediation efforts so that the execution of non-registered fiduciary warrantyviolated the rights of the debtor as a consumer.

Page 4 of 12 | Total Record : 120

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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