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THE IMPLEMENTATION OF HALAL PRODUCT GUARANTEES FOR TRADITIONAL FOOD ENTREPRENEURS BY THE INDONESIAN ULEMA COUNCIL ACCORDING TO ISLAMIC LAW AND LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES IN BENGKULU CITY Agri Theo Renaldo; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27796

The writing of this research aims to (1) find out and analyze the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, (2) find out and analyze the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, and (3) find out and analyze the efforts to overcome the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City. This research used a descriptive approach and the data were gathered through primary, secondary, and tertiary legal materials. The results of the research explained that the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City is begun with traditional food entrepreneurs carrying out online registration at the Bengkulu Provincial Regional Office of the Ministry of Religious Affairs. The obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City included; a lack of legal awareness of traditional food businesses to obtain halal product guarantee certificates, and the efforts made by the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council of Bengkulu Province to socialize Halal Certification and the importance of halal food and increase the number of Halal Inspection Agencies to all regions in Bengkulu province, as well as increase the number of auditors of the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council to the regions of Bengkulu Province. Keywords: Halal product guarantee, entrepreneurs, traditional food, the Indonesian Ulema Council, Islamic law, Law Number 33 of 2014.

THE AUTHORITY OF THE POLICE IN HANDLING CRIMINAL ACTS OF CORRUPTION BY CIVIL SERVANTS WHO ARE SUSPECTED OF COMMITTING ABUSE OF AUTHORITY BASED ON LAW NUMBER 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION Desi Wulandari; Antory Royan Adyan; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27797

To actualize the implementation of governance and development based on the principles of good governance dan clean good government, Law Number 30 of 2014 concerning government administration is the legal basis needed to base the decisions and/or actions of government officials to meet the legal needs of the public in governance. However, it is highly risky for corruption or abuse of authority possessed by government officials. The enactment of Law Number 30 of 2014 concerning Government Administration has changed the perspective of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, which has been carried out by the Police from an enforcement approach to an administrative approach by the Government Internal Supervisory Apparatus (henceforth APIP - Aparat Pengawas Internal Pemerintah). The addition of bureaucratic systems in eradicating criminal acts of corruption occurred due to the existence of this APIP. This research discusses the authority of police in handling criminal acts of corruption by civil servants (henceforth PNS – Pegawai Negeri Sipil) who are suspected of abuse of authority based on Law Number 30 of 2014 concerning government administration. The method used in this research was normative juridical law research with a statutory approach. The results of the research showed that police, in handling complaints or reports of the handling criminal acts of corruption by PNS who are suspected of committing acts of abuse of authority, must be submitted to the APIP first. The involvement of APIP makes the Police unable to act immediately and it is feared that this procedure will prolong the investigation process. Efforts are being made so that the handling of criminal acts of corruption can be effective in preventing state financial losses, namely by coordinating with APIP, the Financial and Development Supervisory Agency, (henceforth BPKP - Badan Pengawas Keungan dan Pembangunan -), and other external institutions. Keywords: Police, Abuse of Authority, Criminal Acts of Corruption

THE EFFORT TO RESOLVE LAND DISPUTES OVER FORMER LAND OF CULTIVATION RIGHT IN JENGGALU VILLAGE, SELUMA REGENCY, BENGKULU PROVINCE Rian Putranto; Edra Satmaidi; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27798

The dispute over the former land of cultivation rights (further will be abbreviated and referred as HGU) on behalf of Sahabudin is an area of 65 hectares known to have been controlled by the community, and it is known that he has 29 Ownership Certificates (further will be abbreviated and referred d as SHM), and 2 Land Certificates (further will be abbreviated and referred as SKT) belonging to the community, and the ex-HGU land is distributed by agreement. In the regulations, it is clear that the ex-HGU land is returned to the state, and it is clear that the land can no longer be used for other activities. Juridically and conceptually, problems related to the object of land use rights that come from land rights do not seem to experience problems and are legally justified as long as the process of relinquishing land rights is based on applicable regulations. However, if the procedure for relinquishing land rights is not carried out properly according to the law, it will trigger a conflict between the original right holder and the holder candidate of the cultivation right or the holder of the cultivation right . Based on the experience in several areas, including in Bengkulu Province, the cause of conflict between communities and plantation companies that use land rights facilities, is due to the dispute over ownership of land rights, especially related to compensation for land and growing crops on land that has been released in past times. The objectives of this research are: (1). To determine and describe the factors that cause the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. (2). To identify and describe the efforts to resolve disputes over former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. The method of this research is empirical methods, data analysis was carried out in a qualitative juridical manner. The results of the study explained that: (1). The factors causing the dispute over the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are the agreement on the distribution of land with Cultivation Rights, Expiration of Cultivation Rights and the issuance of SHM and SKT on HGU lands. (2). Efforts to resolve land disputes with ex-HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are: efforts to settle out of court through the Regional Leadership Coordination Forum (Further will be referred as Forkopimda) meeting and the Land Office and efforts through civil lawsuits at the Tais District Court. Keywords: Settlement, Dispute, Former land of HGU.

THE ANALYSIS OF GENERAL SUMMON FOR THE DEFENDANTS IN CIVIL CASES AT THE STATE COURT Rizki Febrianti; Widiya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27799

Provisions for summons contained in Article 390 HIR paragraph (3) and Article 718 RBg constitute an extraordinary summons often referred to as a general summons. The provisions of the article only implicitly regulate making general summons to the defendant whose whereabouts are unknown, thus creating an ambiguity in the proceedings and the duration of the General Summon. By implicitly regulating the article regarding the General Summon, this article tries to analyze the provisions of the General Summons to the Defendants. It is because the provisions do not regulate the process and the period. It can cause legal consequences in society as well as in the application of the law. With a normative juridical method, the author reviews the regulations in national legislation and their application to 3 (three) courts, namely the Kepahiang District Court, Subang District Court and Nabire District Court, by comparing three legal theories, which are the rule of law theory, the theory of legal certainty and the theory of positivism. So that in the end, through the analysis, it can be found that the article contained in the general summons has a vague norm or lack of clarity regarding legal norms; while the rules regarding general summons are still unclear, it can be said that regarding general summons there is a legal vacuum in the rules regarding the explanation. Predictably, the condition of the vague norms and legal vacuum in the law can be abused by the law enforcers dealing with implementing general summons. For example, the misuse of legal conditions and actions contrary to temporary norms in justice-seeking communities can have social consequences where the rights of the parties seeking justice are not fulfilled. Keywords: General Summons, Defendant, Legal Consequences

LEGALITY OF FINANCIAL RIGHTS OF STATE ADMINISTRATORS SUSPECTED OF CORRUPTION: CAN IT BE QUALIFIED AS AN UNLAWFUL ACT? Sherly Mevitasari; Jonny Simamora; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27800

In carrying out the government system, Law Number 28 of 1999 concerning Good and Clean State Administrators was formed from Corruption, Collusion, and Nepotism which regulates the rights, obligations, prohibitions, and sanctions for state administrators. The consequence of the principle of legality is that in the criminal justice process, the presumption of innocence is imposed until a decision is made. This principle is widely used by state administrators who stumble on corruption to resign when they are named suspects so that they are entitled to pension rights. Therefore, this research aims to describe and analyze the financial rights of state administrators who are suspected of corruption. The method used in this research was descriptive with a normative juridical research design. The legal materials used in this research included primary legal materials, secondary legal materials, and tertiary legal materials. Analyzed using the deductive logic analysis method by interpreting and discussing research result materials based on the definition of law, legal rule, legal theory, and doctrine related to the problem being studied. The results of the data analysis inferred that law enforcement against corruption cases was still not optimal. The law enforcers only looked at criminal offenses committed without looking more broadly at the elements of criminal acts such as locus delicti and tempus delicti so that they could find out the impact and actions of other related criminal acts. Keywords: Legality Principles, State Administrators, State Financial Losses/State Economy, Corruption.

THE SWALLOW’S NEST TAX COLLECTION IN INCREASING LOCAL OWN-SOURCE REVENUE BASED ON THE LOCAL REGULATION OF SELUMA REGENCY NUMBER 5 OF 2011 ON LOCAL TAXES Thaariq Alfathan; Amirizal Amirizal; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27801

The implementation of the swallow’s nest tax collection in Seluma Regency is carried out based on the Local Regulation of Seluma Regency Number 5 of 2011 on Local Taxes. The distribution of tax is carried out by using a self-assessment system which this system gives confidence to the taxpayers to determine the amount of tax payable that must be borne. However, this system can work successfully if the taxpayers have awareness and compliance in paying their taxes. The swallow’s nest tax can contribute to the Local Own-Source Revenue of Seluma Regency, however, there are still some obstacles in collecting it, especially for taxpayers who are considered to have bad faith. This research aims to analyze (1) the implementation of the swallow’s nest tax collection in increasing the Local Own-Source Revenue is based on the Local Regulation of Seluma Regency Number 5 of 2011 on Local Taxes; (2) obstacles and solutions to the swallow’s nest tax collection in increasing the Local Regulation of Seluma Regency Number 5 of 2011 on Local Taxes. The type of this research was descriptive. The type of research in this legal research was empirical legal research. The results of this research showed that (1) the collection of the swallow’s nest tax in increasing Local Own-Source Revenue based on the Local Regulation of Seluma Regency Number 5 of 2011 on Local Taxes had not been maximal because the swallow’s nest tax revenue was still very low and the system used in tax collection was a self-assessment system in Seluma Regency. Moreover, (2) the obstacle of the swallow’s nest tax collection in increasing the Local Regulation of Seluma Regency Number 5 of 2011 on Local Taxes was caused by the lack of awareness of taxpayers in reporting, registering, calculating, and paying swallow’s nest taxes. To overcome the obstacle, the Local Development Planning Agency was in collaboration with the Seluma District Attorney (Kejari), the Resort Police Force (Polres) of Seluma Regency, and the Seluma One-Stop Integrated Investment and Licensing Service Office (DPMPPTSP). Keywords: Swallow’s Nest Tax, Local Own-Source Revenue, the Local Government Regulation of Seluma Regency.

THE JURIDICAL ANALYSIS OF SUPERVISION IN THE DISTRIBUTION OF 3 KG LIQUEFIED PETROLEUM GAS (LPG) BASED ON REGULATION OF THE MINISTER OF ENERGY AND MINERAL RESOURCES OF THE REPUBLIC OF INDONESIA NUMBER 28 OF 2021 CONCERNING AMENDMENT TO REGULATION OF THE MI Rheto Rizawan; Patricia E. Suryaningsih; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27802

The conversion of kerosene to gas is a policy deemed appropriate by the government. This policy was taken to divert the use of kerosene fuel as a necessity for cooking because approximately in 2025 the kerosene in Indonesia is expected to run out, therefore the government is trying to find a substitute for kerosene, namely Liquefied Petroleum Gas (LPG). Moreover, Indonesian households continue to increase and the amount of kerosene has decreased and it is even difficult for the community to obtain it. In carrying out the policy of using LPG, the government has regulated the distribution of LPG. One of these regulations is the regulation of the Minister of Mineral Resources Number 28 of 2021 concerning amendments to the regulation of the Minister of Mineral Resources Number 26 of 2009 concerning the Supply and Distribution of Liquefied Petroleum Gas. The government has a role to control the process of distributing the 3 kg LPG to the public and the Ministry of Energy and Mineral Resources is responsible for supervising the supply and distribution of 3 kg LPG which involves related agencies such as the regional government. It is intended for the lower middle class elements. The distribution of 3 kg LPG under the government supervision aims to ensure that the 3 kg LPG is right on target, especially for the underprivileged and micro businesses. The supervision of the distribution of 3 kg LPG is very important to ensure smooth and affordable services and meet the needs of 3 kg LPG for the community. It is necessary to supervise and monitor the distribution of 3 kg LPG from distribution deviations, violations of the highest retail price (HET), scarcity and misuse of 3 kg LPG. Keywords: Supervision, Distribution, 3 Kg LPG

THE OBJECTIVITY OF POLICE TESTIMONY IN THE TRIAL EVIDENCE Syaiful Anwar; Lidia Br. Karo; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27803

Crime and drug abuse in Indonesia have been considered severe cases. As in the status quo, the police are now intensively arresting perpetrators of drug abuse and ensuring that the law enforcement process runs against the drug users to make them responsible for their actions before the law until the trial. In practice, during the trial evidence, the police give testimony in the court as the party who arrests the suspected perpetrators of drug abuse. However, the testimony from the police who act as the witness for the drug abuse cases is vulnerable to the nuances of case engineering or torture in obtaining information from the suspect. This study aims to find out and analyze three things: 1. the objectivity of the testimony from the police who arrested the drug abusers in evidence following the Criminal Procedure Code. 2. the considerations of the judges on the testimony of the police who arrested the drug abusers at the Bengkulu District Court Class IA in case of Number: 271/Pid.Sus/2020/PN Bgl.) and 3. the decision of Cassation of the Supreme Court of the Republic of Indonesia Number: 1531 K/Pid.Sus/2010, related to the objectivity of the police testimony in evidence following the Criminal Procedure Code. This study employed a statutory and conceptual approach related to the judge's consideration of the testimony of the police who arrested the drug abusers. Considerably, it is not appropriate to present the police testimony as a fact witness due to particular bias on the confirmation of the results from the investigation, in which the police are most likely to have an interest in the success of his case in court. Keywords: Objectivity, Testimony, Police, Arrest.

A COMPARATIVE STUDY BETWEEN THE CUSTOMARY INHERITANCE LEGAL SYSTEM OF THE COMMUNITY AND THE ISLAMIC INHERITANCE LEGAL SYSTEM ON INHERITANCE DISTRIBUTION IN MUKOMUKO CITY DISTRICT OF MUKOMUKO REGENCY Vidyadhara Prawiratama Nugraha; Andry Harijanto; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27804

The writing of this research aims to: (1) understand and explain the inheritance distribution system according to the customary inheritance law of the Mukomuko community; (2) understand and explain the inheritance distribution system according to the Islamic inheritance law; (3) understand, study, and compare between the customary inheritance system of the community and the Islamic inheritance legal system on the inheritance distribution. This research used a normative research method with a comparative approach. A comparative approach is an approach to investigate the similarities and differences in things, people, work procedures, ideas, and critics towards other people, groups, and people’s perspectives on a group, a country, or an event. This research revealed that: (1) the inheritance distribution system according to the clan customary inheritance law, either high heirloom property (known as Harta Pusaka Tinggi) or matrimonial property, is subjected to matrilineal principles (the inheritance right of daughters are greater than the sons); (2) the inheritance distribution system according to the Islamic inheritance system is subjected to Qur’an with patrilineal principles (the inheritance right of sons are greater than the daughters); (3) the comparison of inheritance distribution according to the customary legal system of the community and the Islamic inheritance legal system have some similarities and differences. Both systems have tangent points in which the customary law of the community is individual-collective which is under the matrilineal principles while the Islamic inheritance law is individual-bilateral which is under the patrilineal principles. Keywords: A comparative study, the customary inheritance law of the community, the Islamic inheritance law.

THE EXISTENCE OF INDONESIAN MIGRANT WORKER PLACEMENT AGENCIES IN THE CONSIGNMENT PROCESS OF INDONESIAN MIGRANT WORKERS Kris Juniansyah; Emelia Kontesa; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27805

The existence of the Indonesian Migrant Worker Placement Agency (known as Perusahaan Penempatan Pekerja Migran Indonesia) is regulated in Law Number 8 of 2017 regarding the protection of Indonesian Migrant Workers. In some cases, many Indonesian Migrant Workers still work abroad non-procedurally or illegally. This study needed to be conducted to investigate the factors that cause many Prospective Indonesian Migrant Workers not willing to join Indonesian Migrant Worker Placement Agency. Therefore, this study is expected to provide scientific benefits for readers and can be used as the material of thought by policymakers. This juridical-empirical research used the interview technique to collect the data as materials to obtain the answers to the research problems. The samples of this study were The Class I Immigration Checkpoint Bengkulu Office, known as Kantor Imigrasi Kelas I TPI Bengkulu, Indonesian Migrant Worker Placement Agency, and Prospective Indonesian Migrant Workers. Some questions were asked directly to the informants to get the descriptions of the existence of Indonesian Migrant Worker Placement Agencies in the consignment process of the Indonesian Migrant Workers. The existence of Indonesian Migrant Worker Placement Agencies in the consignment process of Indonesian Migrant Workers based on Law Number 18 of 2017 has not been actualized optimally due to some problems. The problems included many Indonesian Migrant Workers who worked abroad non-procedurally or illegally, the regulation still needed to be evaluated, and lack of socialization related to the recruitment process of Indonesian Migrant Workers.

Home Page

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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

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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