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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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ADMINISTRATIVE JURIDICAL STUDY OF THE POSITION OF MALAY TRADITIONAL INSTITUTIONS IN BANGKA REGENCY (A FORM OF PRESERVING THE NOBLE VALUES OF MALAY TRADITIONAL AND CULTURAL VALUES) Rahmat Robuwan; Wirazilmustaan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.29754

Abstract

The Malay Traditional Institute of Bangka Regency, which was founded in 2014, is an institution that is based on Islam and espouses Pancasila and the 1945 Constitution. Research analysis, the method used as an approach in this research is juridical-empirical, using research specifications are descriptive. The Malay Traditional Institute of Bangka district is an institution that aims to explore, foster, maintain and develop the noble values of Malay customs in Bangka district as a foundation and strengthen Malay identity. Bangka Regency, as one of the regencies in the Bangka Belitung Islands Province, in principle has various noble values and very diverse customs and culture. Therefore, through Bangka Regent Regulation Number 4 of 2017 concerning the Preservation and Development of Community Customs and Socio-Cultural Values, several customs in Bangka Regency are stipulated. The results of this research show that LAM Bangka does not yet have a strong legal and administrative position because there are no implementing regulations from the Regional Regulation of the Bangka Belitung Islands Province Number 4 of 2012 concerning the Preservation of Customs and Empowerment of Malay Traditional Institutions in the Bangka Belitung Islands. Even though it only regulates culture or customs without regulating institutions in preserving Malay traditional and cultural values. suggestions that can be conveyed are to carry out an inventory of manuscripts, oral traditions, customs, rites, traditional knowledge, traditional technology, language, folk games and traditional sports spread across Bangka Regency. Keywords: Administrative Jurisdiction, Malay Traditional Institutions, Conservation
THE ADAPTATION OF ARTIFICIAL INTELLIGENCE (AI) IN SOCIAL SCIENCE EDUCATION: OPPORTUNITIES AND THREATS Muhammad Rafi Darajati; Rianti Ardana Reswari; Yenny, Oktavani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.30001

Abstract

AI offers convenience to human life. The trend of using AI-based scientific work has caused polemics for educational institutions because it has the potential to increase cheating, injustice, plagiarism and even reduce analytical skills which have an impact on academic integrity. Meanwhile, the main value in learning in higher education is instilling academic integrity to form ethical principles, values and manners in students. students in a social environment. The research method used is empirical juridical by conducting research on applicable legal provisions and implemented in practice, in this case the research was carried out on the provisions governing Artificial Intelligence (AI) and its application in the world of education. This qualitative research uses secondary data to study the adaptation of AI use in higher education, especially in the social sciences and humanities fields. The development of guidelines and regulations in the implementation of AI can minimize ethical issues in higher education. The results of this research show that the application of AI in the world of education needs to be regulated in a regulation so that its application does not overlap and remains in line with the aim of making education easier. Keywords: Artificial Intelligence, higher Education, regulation.
ELECTRONIC AGREEMENTS FROM THE LENS OF THE LEGAL PERSPECTIVE “LAW AS A TOOL OF SOCIAL ENGINEERING” PROPOSED BY ROSCOE POUND Martinelli, Imelda; Haga, Christian Samuel Lodoe; Artana, I Putu Juni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.30747

Abstract

The purpose of this research is to provide a juridical analysis of electronic agreements from the legal perspective of “Law as A Tool Of Social Engineering” coined by Roscoe Pound. This article emphasizes on a normative juridical research with a statutory approach, empirical approach, and case study approach to comprehend electronic agreements and the law that regulates it as norms implemented in society. The type of data analyzed in this article are primarily secondary data from books, previous studies, journals related to electronic agreements, and Indonesian laws concerning electronic agreements. Previous survey found that more than 660 thousand electronic agreements were signed in early 2018, which is 159 percent higher than the previous period, indicating that the use of electronic agreements continue to increase and expand to various sectors in Indonesia. Therefore, the Indonesian law system must have an explanatory approach regarding this phenomena of technological advancement, specifically about electronic agreements. Several regulations researched and analyzed in this research disclose the importance of law related to electronic agreements, one of which is providing legal protection for the interests of the parties in electronic agreements. Supported by the legal perspective of “Law as A Tool Of Social Engineering” coined by Roscoe Pound, the existence of laws or regulations, in this case specifically regarding electronic agreements, functions as a law that can maintain the stability and balance of conflicting interests in society. Furthermore, the legal perspective of “Law as A Tool Of Social Engineering” sees the laws related to electronic agreements direct human attitudes to react to changes in society, in this case related to the technological advances that offers electronic agreements, so that people understand that agreements signed electronically have the same validity and binding force as conventional agreements signed physically. Keywords: electronic agreement; law as a tool of social engineering; Roscoe Pound.
JURIDICAL ANALYSIS OF CRIMINAL ACTIONS CONFLICT AGAINST CHILDREN IN JAYAPURA CITY Ingratubun, Fitriyah
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.30794

Abstract

Criminal activity is defined as an act that is prohibited by law and is accompanied by threats or consequences in the form of certain punishments. A criminal act can also be defined as an activity that is prohibited and threatened by a legal rule, as long as the prohibition is aimed at an act, namely a situation or event created by the person who caused the event to occur. The legal research approach used in this research is research that explores legal problems that actually exist in society and is based on field data that is linked to the subject matter being studied. The research results showed that the application of the criminal law for sexual intercourse with children in imposing sentences on perpetrators of criminal acts of sexual intercourse committed by adults against children in reality rarely found perpetrators who were sentenced to the maximum sentence, in fact more perpetrators were sentenced to less than half. the maximum penalty stipulated in law. This indicates that the role of the judiciary in providing a deterrent effect against perpetrators is still half-hearted, this is also one of the reasons why many people are not afraid to commit the crime of sexual intercourse with children. The judge's consideration in imposing a crime on the perpetrator of sexual intercourse is that it must include the basis of the trial, the basis of the decision and the values that exist in society. Keywords: Children, Crime, Sexual Intercourse
THE PART OF THE PRODUCTION FOREST MANAGEMENT UNIT TO THE REALIZING SUSTAINABLE FOREST MANAGEMENT AT THE SARMI REGENCY PROVINCE OF PAPUA Hutabalian, Roida
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.30877

Abstract

This research to aims for to determine implementation of the Forest Management Production Unit role in realizing sustainable forest management in Sarmi Regency, and as well to find out the obstacles and solutions for unified Forest Management Production Unit in realizing sustainable forest management at the Sarmi Regency, Province of Papua. The method used in this research is sociological juridical research methods and/or empirical legal research. This method is used for the reason that in this research the emphasis is on legal science and the study of legal rules that apply in society related to forest management units. Sociological juridical research uses primary and secondary data. Primary data comes from interviews with sources and the public, while secondary data is obtained through references from literature studies in accordance with the title of this research. The results of the research show that, the role of the  Forest Management Production Unit (KPHP) for region XXI across Sarmi and Memberamo Raya Regencies, on the one hand has made several positive contributions to economic development and regional development in Papua Province, but on the other hand the presence of KPHP has not had a direct impact on indigenous  community around a forests, especially at site level. Likewise, the proposal for the formation of KPHP by the Sarmi Regency government to become a Regional Work Unit (SKPD), has not yet been realized due to many factors and indicators that must be met. Keywords : Role, Management Production Unit, Sustainable Forest Management.
INDIGENOUS PEOPLE ENVIRONMENTAL RIGHTS VULNERABILITY TO CARBON TRADING MECHANISM: A LESSON LEARNED FOR INDONESIA Azaria, Davilla Prawidya; Dirkareshza, Rianda; Nasution, Ali Imran
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.30953

Abstract

Developed countries are strictly obligated to reduce carbon emissions due to their industrial activities, contributing to a major concentration of greenhouse gases in the atmosphere. This paper aims to provide a basic overview of carbon reduction provisions under Kyoto Protocol and climate change frameworksdevelopment through the years. Practically in developing countries, its provision requires funding and transferring technology schemes by developed countries. The carbon markets emerged from Clean Development Mechanism (CDM) as a so-called eco-friendly project which potentially turns into a new form of capitalism in developing countries along with a tendency to depend on funding and transferring technology itself. Indigenous people are targeted groups directly affected by CDM projects and often neglect their fundamental rights. State is obligated to provide a forum for indigenous people to participate in the level of socializing, consultation, and law-making process of CDM as its nature being the most vulnerable group. Keywords: Carbon trade; climate change; environmental rights; indigenous people
OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES Ikhsan, M. Fahri; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31091

Abstract

Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility.
RIGHTS AND OBLIGATIONS OF A HUSBAND AS A CIVIL SERVANT TO HIS EX-WIFE AFTER DIVORCE ACCORDING TO INDONESIAN LAW Sirman Dahwal; Dimas Dwi Arso
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31118

Abstract

This research was normative legal research in nature so the first stage that the authors did was collecting books and writings that were relevant to this research title to gather data and theory based on the problems of this research. These data were expected able to identify problems and explain the focus of the discussion. The discussion focused on material analysis related to the rights and obligations of a husband as a civil servant to his ex-wife after divorce according to Indonesian Law. Therefore, the objectives of this research are to find out 1) the rights and obligations of a husband as a civil servant to his ex-wife after divorce according to Indonesia Law, 2) the form of the implementation of rights and obligations of a husband as a civil servant itself, and 3) factors inhibiting the implementation of the rights and obligations. The method used to uncover and explain the problems was content analysis with normative, literal-historic, and empirical approaches. These approaches aimed to investigate the existence of the regulation of rights and obligations and to understand the true meaning of rights and obligations and whether the function of law has met a sense of justice, certainty, and benefits. The results revealed that the rights and obligations of a civil servant to his ex-wife have been regulated in the Indonesian Marriage Law which is under Law Number 1 of 1974 as amended by Law Number 16 of 2019 concerning Marriage and other related regulations such as the Compilation of Islamic Law. These rights and obligations are inherent in legal subjects, especially for civil servants, which must be carried out by the husband and respected by both parties. These rights consist of the right to hadhanah living, mut'ah living, iddah living, and madhiyah living. Keywords: Right and Obligation, Indonesian Law
CERTAINTY REGARDING LEGAL CHOICES BETWEEN RELIGIOUS COURTS AND DISTRICT COURTS REGARDING APPLICATIONS FOR DETERMINING HEIRS Febri Jaya; Winda Fitri; Leny Pelita Besouw
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31298

Abstract

In accordance with the research title listed above, Indonesia has three legal systems that regulate inheritance, namely; Islamic inheritance law which is based on and uses the holy book Al-Quran as its source, western civil inheritance law which originates from Burgerlijk Wetboek (hereinafter referred to as the Civil Code), and finally customary inheritance law based on the customs of the community itself, this cannot be separated from from the role of each court that handles it. Therefore, the author needs to conduct research on the certainty of legal choices between religious courts and district courts regarding applications for determining heirs. The aim of the research is to analyze the role of the district court and religious court in the application for determining heirs, after that this study will also analyze how legal certainty is provided regarding the legal choice between the district court and the religious court. The results obtained from this research are that the implementation of Law no. 50 of 2009 regarding every application for determining Islamic heirs must be handled and under the authority of a religious court, in fact this does not mean that the district court is of the opinion that it no longer has the right and authority to adjudicate applications for inheritance, this is because the authority possessed by the district court still has power. law in an effort to adjudicate applications for determining inheritance for Muslims. However, what needs to be underlined is that the difference between religious courts is that when it comes to resolving inheritance cases, religious courts are guided by the complications of Islamic law, while district courts are based on the Civil Code, namely western law. Keywords:District Court, Religious Court, Inheritance, Petition, Determination
COMPARISON OF PLEA BARGAINING IN THE UNITED STATES WITH “SPECIAL LINE” IN THE DRAFT BOOK OF CRIMINAL PROCEDURE CODE (KUHAP) IN INDONESIA Amelia Putrina Lumbantobing; Sudirman Sitepu; Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31572

Abstract

Plea Bargaining is a faster and more efficient way of resolving criminal cases, where if the Defendant has admitted guilt, the Defendant or his attorney can make an agreement with the public prosecutor regarding the form of indictment and a lighter sentence. Plea Bargaining is widely embraced by Common Law countries. However, in its development, the success of the United States in reducing the pile of cases by using Plea Bargaining has been followed by Civil Law countries such as Germany, France, Russia, Georgia, the Netherlands, Italy, Taiwan. Even in an effort to reform the criminal justice procedural law, Indonesia has also adopted the basic concept of Plea Bargaining into the Draft Criminal Procedure Code with a concept called "Special Line". However, the concept of the Special Line has many differences so that it cannot be fully equated with the Plea Bargaining adopted by the United States. This is because Indonesia adheres to an inquisitorial system, not an adversary system. For this reason, Indonesia needs to study the successes and failures of Plea Bargaining in the United States, so that the Special Line concept that is to be implemented in Indonesia is a concept that has been adapted to the conditions of the criminal justice system in Indonesia. Keywords: Plea Bargaining, Special Line, Guilty Confession

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