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"Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023"
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<![CDATA[LEGAL POLICY ON REGULATING THE ACCELERATION OF DEVELOPMENT IN DISADVANTAGED REGIONS IN THE IMPLEMENTATION OF NATIONAL DEVELOPMENT WITH A COLLABORATIVE GOVERNANCE APPROACH ]]>
<![CDATA[Saptono Jenar]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.735
<![CDATA[According to National Medium-Term Development Plan for 2020-2024 (RPJMN 2020-2024), there are still 62 regencies specified as disadvantaged regions. The emergence of these disadvantaged regions is empirically a result of uneven national development in the past. Therefore, an affirmation policy from the government is needed to accelerate the development in disadvantaged regions through an acceleration program. The essence of forming regulations to accelerate the development of disadvantaged regions will be examined using a legal and conceptual approach. The discussion in this study is related to the legal politics of forming regulations to accelerate the development of disadvantaged regions, which is an integral part of the implementation of national development. The results of this research indicate that the legal politics of regulating the acceleration of development in disadvantaged regions in the implementation of national development is a mandate of the 2005-2025 RPJPN Law, Regional Government Law, and Ministry of State Law, which is aimed at providing development preferentially to disadvantaged regions and implemented to include the fulfillment of basic needs as well as basic facilities and infrastructure in disadvantaged regions in order to achieve public welfare through equitable development in Indonesia. Concurrently, accelerating development in disadvantaged regions through the implementation collaborative governance approach is a government policy aimed at creating synergy and integrating programs and activities executed by relevant ministries/agencies and partnering with communities and businesses to support funding for the accelerating development in disadvantaged regions.]]>
<![CDATA[REORIENTATION OF THE ULTIMUM REMEDIUM PRINCIPLE IN HANDLING ECONOMIC CRIME REGARDING PROTECTIVE EQUIPMENT AND COVID-19 MEDICATIONS ]]>
<![CDATA[Hwian Christianto]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.741
<![CDATA[Applying the ultimum remedium principle to economic crimes needs to be studied from a regulatory perspective concerning the situation during the Covid-19 pandemic. The normative juridical research method combines a statutory approach with a conceptual approach. Both approaches provide a comprehensive understanding of the ultimum remedium principle in legislation and a contextual understanding of economic crimes during the Covid-19 pandemic. The results show that Emergency Law 7/1955 applies the primum remedium principle with a double-track punishment system, while Trade Law applies the ultimum remedium principle. Handling economic crimes related to providing personal protective equipment and/or medications to prevent and recover from Covid-19 infections can be considered essential goods and important commodities are given the situation and conditions during the Covid-19 pandemic in Law Number 7 2014. Applying Trade Law meets the ultimum remedium principle but does not prioritize the recovery of economic losses suffered.]]>
<![CDATA[ACTOR SEQUITUR FORUM REI: A THEORITICAL STUDY ]]>
<![CDATA[Sujayadi Sujayadi]]>;
<![CDATA[Tata Wijayanta]]>;
<![CDATA[Herliana Herliana]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.896
<![CDATA[The actor sequitur forum rei principle is the primary basis for determining the relative competence of civil courts in countries that adopt civil law systems. In this article, the role of the actor sequitur forum rei will be examined theoretically by analyzing theories related to personal jurisdiction, categorization of jurisdiction, and procedural justice theory. The analysis results indicate that actor sequitur forum rei is founded on the theory of power and is classified as a "connected" jurisdiction with a general nature, as jurisdiction is linked to the defendant's domicile. It enables the defendant to be sued in the forum of their domicile at any time and for any reason. Additionally, according to procedural justice theory, actor sequitur forum rei is shown to provide the defendant with protective aspects.]]>
<![CDATA[CRIMINALIZATION POLICY ON THE ACT OF MAKING, PRODUCING, AND TRADING ILLEGAL FISHING CAPTURE EQUIPMENT ]]>
<![CDATA[Ida Farida]]>;
<![CDATA[Herman Katimin]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.950
<![CDATA[The widespread use of illegal fishing capture equipment in the form of drag nets and drag nets which harm and endanger the sustainability of fish resources and the environment in Indonesian waters, cannot be separated from the act of making, producing, and trading. The research method used is a sociological juridical approach which is qualitative in nature, where this research uses a normative approach with a sociological approach as support. Based on the results of the research, criminalizing the act of making, producing, and trading becomes a crime, formulated in article 85A, which reads "Whoever deliberately brings, produces and trades illegal fishing equipment or illegal fishing aids that are not in accordance with the provisions referred to in Article 7 shall be punished with a maximum fine of Rp. 250,000,000.00 (two hundred and fifty million rupiah)”. So that law enforcers comprehensively apply the elements of the intended crime, including proving the elements of intentional wrongdoing, Actus Reus and Mens Rea, as well as excuses that eliminate a crime.]]>
<![CDATA[LEGAL REMEDIES AGAINST BANKRUPTCY DECISION FOLLOWING CONSTITUTIONAL COURT DECISION NO. 23/PUU-XIX/2021 ]]>
<![CDATA[Gede Aditya Pratama]]>;
<![CDATA[Nina Zainab]]>;
<![CDATA[Heru Siswanto]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.1060
<![CDATA[Bankruptcy is a legal institution created as a way out of debt problems that befall debtors. The bankruptcy mechanism consists of the Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) and bankruptcy itself. These two mechanisms have different legal consequences, especially regarding the available legal remedies, which differ between bankruptcy rulings originating from PKPU applications and those originating from bankruptcy applications. The available legal remedies also differ between bankruptcy rulings originating from applications submitted by debtors and those submitted by creditors. Constitutional Court Decision No. 23/PUU-XIX/2021 has changed the legal remedies provisions in Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Prior to the Constitutional Court's decision, there was no opportunity for debtors to file legal remedies against a bankruptcy ruling caused by the rejection of a peace agreement due to the failure to reach an agreement in the PKPU process. However, after the issuance of Constitutional Court Decision No. 23/PUU-XIX/2021, this has changed with the opening of the opportunity for legal remedies in the form of cassation against a bankruptcy ruling due to the rejection of a peace agreement because an agreement was not reached in the PKPU process. It is important to avoid the PKPU process being used as a means to bankrupt debtors who are still solvent but are bankrupted because there are interests of business competition involved.]]>
<![CDATA[THE MATERIAL CONTENT OF REGIONAL REGULATIONS AS THE CONCRETIZATION OF THE LIVING LEGAL SYSTEM IN SOCIETY (ADAT LAW) BASED ON ARTICLE 2 OF THE INDONESIAN PENAL CODE (KUHP) 2023 ]]>
<![CDATA[Nella Sumika Putri]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.1101
<![CDATA[Article 2 of Law Number 1 of 2023 regarding the Criminal Code (“KUHP 2023”) not only leaves problems in the context of legality, but also includes mechanisms for the law enforcement process, particularly regarding the measurement of the applicability of Indonesian customary law (“Adat Law”) through regional regulations. One issue that has arisen is the lack of standardized content material that must be regulated in regional regulations in order to determine the applicability of Adat (criminal) Law. This article will analyze to what extent the standard of “law that applies in the place where the law lives” and to what extent the regional regulation regulating “living law” in the perspective of law enforcement prosecutes the perpetrator. The results show that regional regulation can be used as a basis for determining the recognition of Adat Law, but there is no common standard for how to recognize Adat Law under regional regulation. As the concrete of Article 2 Indonesian Penal Code 2023, regional regulation must explicitly regulate the scope of Adat Law (criminal) application related to territorial, personal and protection principles. Meanwhile, in the case of the prohibition act and penal sanction, it needs further studies because Adat Law has no separation between criminal and civil matters.]]>
<![CDATA[THE VULNERABILITY OF PROVING FRAUD AS THE BASIS FOR CANCELLING AGREEMENTS IN THE DIGITAL ERA ]]>
<![CDATA[Marhaeni Ria Siombo]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.708
<![CDATA[Civil Law grants freedom to everyone to agree on something as long as it fulfills the valid agreement requirements stated in Article 1320 of the Civil Code. The consent condition is mentioned in Article 1321 of the Civil Code. Consent is invalid if there is a mistake, coercion, or fraud. This writing discusses consent that is not valid due to fraud. Article 1328 of the Civil Code states that 'fraud is a reason for the cancellation of an agreement if the deception used by one of the parties is so obvious and clear that the other party would not have agreed if there was no deception.' It is not easy to prove fraud in an agreement that has been made, as the party that feels deceived is not in a position of 'being forced' and voluntarily signs or digitally approves the agreement with a submitted or accepted mark. More detailed regulations regarding canceling agreements due to fraud are needed to provide legal certainty and justice for the parties.]]>
<![CDATA[JUDGE’S ATTITUDE TOWARDS THE MEDIATOR’S RECOMMENDATION REGARDING THE BAD FAITH PARTY AND MEDIATION FEES ISSUE ]]>
<![CDATA[Rizky Ramadhan Baried]]>;
<![CDATA[Abdul Jamil]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.793
<![CDATA[This article was the result of research in 2021 with normative research. The formulations of the problems are: 1) What is the consideration of the panel of judges on the recommendation of the mediator regarding the sanctions for payment of mediation fees for parties who are declared to have no good intentions; 2) What is the procedure for payment of mediation fees by these parties. The conclusions are: 1) There is no data on the mediator's recommendation regarding paying mediation fees. It is not immediately followed up if the panel of judges receives it. The judges continue to examine the recommendation of providing justice so that the defendant does not feel more burdened so that the recommendation is not included in the court’s product; and 2) The procedure for payment of mediation fees is carried out together with the accumulated principal costs of the case by complying with the principles of execution. This study advises the Supreme Court of the Republic of Indonesia that there should be a mechanism agreed upon by both parties to jointly consign the amount of money that is expected to be used in the mediation process]]>
<![CDATA[FILLING THE LEGAL VACUUM OF INDONESIAN MARKS LAW: THE LEGAL STANDING OF A FAMOUS PERSON IN SUING MARKS INFRINGEMENT ]]>
<![CDATA[Muhamad Amirulloh]]>;
<![CDATA[Helitha Novianty Muchtar]]>;
<![CDATA[Didin Muhtadin]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.951
<![CDATA[Indonesian Marks Law in Article 21 paragraph (2) letter a has protected famous people from using their names or abbreviations as marks by other parties without permission. However, that law has not protected famous people from suing for cancellation and/or compensation against a party using the name and/or abbreviation of his name as a mark. Using the normative juridical method, the provisions on the legal basis for famous people to sue other parties who use their names or their abbreviations as marks are analyzed. This article examines legal principles and legal theories that can be used to resolve that. The results of the study conclude that the legal principles that can be used to provide a legal basis for famous people in suing other parties without permission to use their names or abbreviations as marks are the principle of good faith, the principle of legal certainty, the principle of point d' interest, point d' action, and the principle of legitima persona stands in judicio. Legal theories that can provide a legal basis for famous people in suing other parties without permission to use their names or abbreviations as marks are the welfare state theory, development law theory, and the theory of intellectual property protection from Robert M. Sherwood.]]>
<![CDATA[CIVILIAN AIRCRAFT TRANSPONDER MANIPULATION IN RECONNAISSANCE MISSIONS, AERIAL INCIDENTS CASES AND CHICAGO CONVENTION 1944 ]]>
<![CDATA[Garry Gumelar Pratama]]>;
<![CDATA[Muhammad Rifqi Putra Nanda]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/jbmh.v7i2.1290
<![CDATA[Throughout 2020, the People's Republic of China (PRC) stated that the United States (US) manipulated the electronic identity code of its military aircraft (transponder code) over the South China Sea by using the identity of a civilian aircraft to carry out reconnaissance missions. The discussion of the incidents has faded in the past two years, even being regarded by some observers as a 'common' practice having been used since the Cold War era by the US. These incidents have never been heard to reappear in the South China Sea situation. However, the escalation of reconnaissance practices heated up again after a PRC's high altitude balloon was shot down by a US fighter jet over the US's territorial sea on February 4, 2023. The US had claimed that the aircraft was on a spy mission. This incident could be a starting point for the US to resume the practices throughout 2020 by imprisoning civilian aircraft in the South China Sea or even on the PRC's mainland because this practice is considered 'common' on the US side. By using the international legal research method, in which international legal sources are juxtaposed with the current context in the field, this article concludes that the practice of manipulating civil transponder codes cannot be justified as a 'common' practice because it is endangered the civil aviation and contrary to the Chicago Convention 1944.]]>
