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Dimas Dwi Arso
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Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.
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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 120 Documents
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MEASUREMENT OF THE QUALITY OF STATE ADMINISTRATIVE JUDGE DECISIONS IN DISPUTE SETTLEMENT IN STATE ADMINISTRATIVE COURTS Adhi Wirawan Mulyono; Jonny Simamora; Edra Satmaidi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25033

Abstract

The quality of the decisions handed down by judges can be seen from the ratio decidendi or legal arguments given by the judges themselves. Before the judge decides to answer the plaintiff's demands, the judge first makes the basics of legal considerations containing legal arguments or reasons to arrive at a decision finally. Article 109 paragraph (1) of Law Number 5 of 1986 concerning the State Administrative Court stipulates that one thing that must be included in a judge's decision is the legal reason that forms the basis of the decision. The method used in this research is the empirical legal research method. This study used primary data and secondary data. The data obtained were analyzed juridical qualitatively utilizing deductive-inductive thinking. The decision has carried out the breadth of proof, the burden of proof, and the assessment of evidence, and the judge has assessed all evidence based on Article 109 of Law Number 5 of 1986 and supported by two pieces of evidence based on Article 107 of Law Number 5 of 1986, the reasons for the judge's refusal and accept the arguments of the plaintiff and the defendant is because the legal remedies do not carry out the decision. The application of Article 107 of Law Number 5 of 1986 concerning the State Administrative Court was then implemented into Article 109 paragraph 1 point d of Law Number 5 of 1986 concerning the State Administrative Court must be carried out in the context of creating a quality State Administrative Court decision.
LOCAL WISDOM OF KINSHIP SYSTEM IN REMOTE AND ISOLATED COMMUNITIES ACCORDING TO CUSTOMARY LAW ON ENGGANO ISLAND Andry Harijanto; Subanrio Subanrio; Hamdani Ma'akir; Joko Susetyanto
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25036

Abstract

The purpose of the study is to explain and describe the local wisdom of the kinship system in remote and isolated communities according to customary law on enggano island. Research methods using qualitative approaches and legal anthropology. Data collection techniques are observation, in-depth interviews and secondary data collection. The determination of informants is carried out purposively, that is, key informants are determined by the researchers themselves based on considerations of adequate education, position, and experience. Data analysis is qualitative, which is carried out continuously from the beginning to the end of the study. The results of the study were: (1) tribal groups and tribal branches; (2) traditional settlement patterns; and (3) traditional leadership systems.
NARCOTICS ABUSE AT THE BENGKULU CITY CLASS II A PENITENTIARY INSTITUTIONS Guslaini Guslaini; Antory Royan Adyan; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25043

Abstract

The objectives of this research were: (1). How was the application of sanctions against officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions (2) What were the obstacles to overcoming officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions? (3) What were the efforts to overcome officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions. In this thesis research method, the type of research used was descriptive. This type of research in legal research includes empirical legal research. The results of the study are: (1) the application of sanctions against officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions, for Penitentiary institutions officers involved in the narcotics distribution network will be sentenced to imprisonment according to Law Number 35 of 2009 concerning Narcotics; the warden must be subject to criminal sanctions and fines; and administrative sanctions according to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05.02 of 2011 regarding the Code of Ethics for Penitentiary officers, the warden is subject to administrative sanctions, namely being dismissed as a penitentiary officer (there has been an inkracht decision). (2) The difficulties in collecting evidence to prove officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions are: difficulties in collecting evidence to prove; the supervision system in the penitentiary institution is not yet maximized; the number of wardens at the Bengkulu City Class II A penitentiary institution is not comparable to prisoners; the number of narcotics addicts who are only imprisoned without being rehabilitated; the human resources (3) Efforts to overcome officers involved in narcotics abuse at the Class II A Penitentiary Institution in Bengkulu City are: collecting data on prisoners and penitentiary officers who have used or are involved in narcotics problems; improving facilities and infrastructure; increasing the human resources of the Class II A penitentiary Institution officers in Bengkulu City, coaching for prisoners and officers of the Bengkulu City Class II A Penitentiary Institution who have been involved in narcotics problems.
COVID-19 PANDEMIC AS THE REASON FOR FORCE MAJEURE IN MOTOR VEHICLES CONSUMER FINANCING AGREEMENTS (STUDY AT PT SUMMIT OTO FINANCE BENGKULU BRANCH) Hafidza Zia; Candra Irawan; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25044

Abstract

As an emergency, the COVID-19 pandemic is also known as a force majeure in civil law, therefore it could be one of the reasons for the postponement until the cancellation of the current agreement. Therefore, the Financial Services Authority as the institution authorized to regulate financial service activities stipulates OJK Regulation Number 14/POJK.05/2020 concerning Countercyclical Policy on the spreading impact of the 2019 Coronavirus Disease for Non-Bank Financial Services Institutions to optimize leasing business activities through financing restructuring. This thesis was completed through empirical research. This study aimed to describe and analyze the implementation of credit restructuring by PT. Summit OTO Bengkulu Branch to resolve late installment payments due to Force Majeure due to the impact of COVID-19, as well as to comprehend and know legal settlements related to delays in the implementation of motor vehicle installment payments at PT. Summit OTO of Bengkulu Branch due to COVID-19.The results of the research and discussion explain that the legal consequence of the spread of COVID-19 as a Force Majeure relative to the financing agreement is that the debtor must still fulfill his obligations/achievements to the debtor after COVID-19 ends. In its implementation, debtors are given credit relief through restructuring in accordance with the form of restructuring issued by leasing in the form of lowering interest rates, extending time, reducing principal arrears, reducing interest arrears, and other forms according to the verification and analysis of the Leasing party on debtors affected by COVID-19. Implementation of financing restructuring in PT. Summit OTO Bengkulu Branch until July 2021 has been realized as much as431 (four hundred and thirty-one) contracts financing. Restructuring of financing is carried out by extending the term of the agreement, delaying part of the payment of motor vehicle installments, and reducing the principal arrears during the period of restructuring of the financing.
THE CONSTRAINTS OF LEGAL FACTORS IN CONTROLLING ABANDONED LAND AFTER THE ENACTMENT OF THE JOB CREATION LAW Nike Gifitriani; Emelia Kontesa; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25159

Abstract

Controlling abandoned land is a form of law enforcement in the context of implementing “instruction” in the Basic Agrarian Law (henceforth UUPA – Undang-Undang Pokok Agraria), and that the law functions as a social control exercised by the state against holders of land rights and Basis for Land Control (henceforth DPAT – Dasar Penguasaan Atas Tanah) that do not fulfill the obligations. Based on Article 27, Article 37, and Article 40 of the UUPA, land rights will be nullified if neglected. However, the UUPA has not explained how a land is categorized as abandoned land, and has not regulated the Control of Abandoned Land. Government Regulation No. 11 of 2010 is considered ineffective in overcoming the problem of controlling abandoned land so that it was revoked. Then, Government Regulation Number 20 of 2021 was stipulated. This law is a derivative of the Omnibus Law, and it is the basis for controlling the abandoned land. This paper aims to investigate the obstacles to controlling the abandoned land after the enactment of the Omnibus Law.
THE LAW PROTECTION ON STATE CIVIL APPARATUS WITH STATUS OF GOVERNMENT EMPLOYEES WITH EMPLOYMENT AGREEMENT BASED ON STATE CIVIL APPARATUS LAW Robert Julian Saragih; Amancik Amancik; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25160

Abstract

The issuance of Law Number 5 of 2014 concerning state civil apparatus (Further will be referred as ASN) provides a new paradigm in the world of employment in Indonesia with the presence of the term Government Employee with a Work Agreement (Further will be referred as PPPK). However, the legal relationship of PPPK is unique because there is a point of contact between public law and private law so that legal protection for PPPK is still very weak. This study discussed how the law position of the PPPK and the law effort that can be taken by the PPPK in the event of a Termination of Employment Contracts (Further will be referred as PHPK). The research method used was normative juridical law research by using a statutory approach and analyzing various statutory regulations that cover it. The results of this study indicated that the law position of PPPK as ASN is felt to be very weak and in the case of PHPK normatively, it also does not provide law certainty for PPPK. In this case, the government and the House of Representatives (Further will be referred as DPR) should make changes or revoke the ASN Law to abolish the regulatory provisions regarding PPPK and also to provide clarity regarding the provisions of the civil service court in the event of PHPK for PPPK. In this case the ASN Law must also be followed by fundamental changes in the provisions of the State Administrative Court and the on Government Administration Law.
DISPENSATION FOR MARRIAGE AT KEPAHIANG RELIGIOUS COURT AFTER THE REVISION OF MARRIAGE LAW NUMBER 1 OF 1974 WITH LAW NUMBER 16 OF 2019 Yeni Puspitawati; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25161

Abstract

This study raised the issue of the factors causing the increase in marriage dispensation cases at Kepahiang Religious Court after the revision of Marriage Law Number 1 of 1974 with Law Number 16 of 2019. It investigated how the process of examining cases of marriage dispensation applications and the consequences of what laws resulted in the changes of Law Number 16 of 2019 concerning marriage at the Kepahiang Religious Court. To answer this problem, empirical juridical research was used with data obtained through in-depth interviews with the chairman, judges, and court clerks as informants and supporting data in the form of literature books, and laws and regulations, all of which are related to the problem. After the data can then be analyzed based on qualitative juridical analysis. There were several results in this research. First, the factors causing the increase in marriage dispensation cases at the Kepahiang Religious Court were due to promiscuity, parental concerns for their children, and low education factors. Second, the process of examining marriage dispensation cases was carried out by a single judge. The applicants were obliged to present the child, the prospective husband/wife, and the parents/guardian of the prospective husband/wife. Moreover, it was also the language method of the judge that was easy to understand by the child, the time when the judge and clerks did not wear trial attributes when the examination happened, and the availability of advice and the child's statement. Third, the legal consequences resulting from the amendment to Law Number 16 of 2019 are based on some aspects namely, the increase in marriage dispensation cases, the complexity of the process of handling marriage dispensation cases because many requirements had to be fulfilled and many people carried out the underhand marriages.
DISPUTE SETTLEMENT OF SIMULTANEOUS VILLAGE HEAD ELECTIONS BASED ON LAW NUMBER 6 OF 2014 ABOUT VILLAGES IN SELUMA REGENCY Nurpadliya Nurpadliya; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25203

Abstract

In general, the implementation of village head election does not escape from a conflict. Seluma Regency of Bengkulu Province is one of the regencies that has held simultaneous village head elections based on the Regulation of the Regent of Seluma Regency Number 26 of 2019 in conjunction with the Regulation of the Regent Number 21 of 2019 concerning Guidelines for Implementing Simultaneous Village Head Elections in the Seluma Regency Region. In the implementation of village head elections in Seluma Regency, conflicts have occurred. This study aims to analyze, to describe and to explain the disputes settlement of village head election which is conducted simultaneously in Seluma Regency in terms of Law Number 6 of 2014 about Villages. The study of this research was carried out by referring to juridical sociology view. The result showed that in Law no. 6 of 2014 concerning Villages, if there is a dispute in the implementation of Village Head Election, the Regent / Mayor is the party given the authority to resolve the dispute.
THE EFFECT OF E-TICKET SANCTION ON CHANGE OF CHILDREN BEHAVIOR ON THE CASE OF TRAFFIC LAW VIOLATION IN BENGKULU CITY Yogi Syaputra Tanjung; Lidia Br Karo; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25208

Abstract

This analysis aims to provide a description so that children and parents know about the E-Ticketing regulations in traffic law. Describing E-ticketing can influence parents to prevent children from violating traffic laws in using motorized vehicles. The method used in this study was an empirical legal research method with the sociological juridical research approach. In this study, the data used were primary and secondary data. Then the data were analyzed qualitatively by means of deductive-inductive thinking. From the results of the research conducted by the writer, it can be concluded that: (1) There are several factors behind the children committing traffic violations, namely as follows: (a) the lack of children’s knowledge of traffic rules. In most cases, the children did not have a driving license, therefore they did not have enough understanding regarding the applicable traffic rules, and (b) the lack of supervision and ignorance of parents so that they allow, even facilitate, children to use motorized vehicles, this is also a major factor in the increase in traffic violations and accidents by children in Bengkulu City. (2) With the implementation of E-Ticket sanction with a maximum fine, Investigators at the Directorate of Traffic of Bengkulu Police Department have carried out their roles properly and have been in accordance with the SOPs (Standard Operating Procedures). Moreover, they also have carried out their functions as maintainers of Security, Safety, Order, and Traffic Smoothness. Thus they can take action against traffic violations by children as a whole. Furthermore, from the process of taking action against violations by using the E-Ticketing, besides being able to reduce the number of traffic violations by children, parents can also take on the role of supervisors and mentors for their children, so that parents are able to change the behavior of children to be more aware of traffic laws at a later time.
LEGAL PROTECTION FOR PATIENTS OF HEALTH SERVICES AT RSUD ARGA MAKMUR BASED ON LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION AND LAW NO. 25 OF 2009 CONCERNING PUBLIC SERVICES. Erni Sisna Wati; Slamet Muljono; Widiya N. Rosari
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25209

Abstract

This study examines the legal protection of patients as consumers of health services at RSUD Arga Makmur. This study aims to determine the legal protection of patients as consumers of health services and factors that support or hinder the legal protection of patients in RSUD Arga Makmur. In this study, the author examined the extent to which legal protection for patients of health services was carried out by health personnel in hospital. With the sociological juridical method, the author examines the legal protection of patients by considering the extent to which the patient's rights are fulfilled by health workers and hospital. The results showed that the legal protection of patients as consumers of health services at RSUD Arga Makmur is considerably good. The factors that hinder and support consist of internal and external factors which include communication, information, legal awareness, hospital facilities, work environment, and attitudes from the patient.

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