Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Bengkoelen Justice : Jurnal Ilmu Hukum

j_bengkoelenjustice
Website

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 80 Documents

3 4 5 6 7

SETTINGS OF INNATE AND JOINT ASSETS IN DIVORCE CASE BY LAW NUMBER 1 OF 1974 OFMARRIAGE IN THE IMPLICATIONS OF RELIGIOUS COURTS DECISION CLASS IA OF BENGKULU CITY NUMBER: 0289/PDT.G/2016/PA.BN Widya Eka Putri; Akhmad Muslih; Adi Bastian Salam
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Marriageraisesrights and obligations to husband and wife. The rights and obligations existing before the divorce are created from their marriage ceremony. The rights and obligations are contained in the provisions of Qur’an. To avoid conflict divorce is not an easy thing, it is motivated by several factors that cause a domestic relations be cracked even ended in divorce. The purpose of this research is to understand and analyze the factors that hinder the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu. Analyzing theproblems in this study, researchers used a analysis descriptive method to produce the research results showingfactors that inhibit the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu consisted of internal and external factors.

CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA Vivi Tri Kasih; Antory Royan Adyan; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.

THE INHIBITING FACTORS IN THE IMPLEMENTATION OF WOMEN AND CHILDREN PROTECTION UNIT’S ROLESS IN LAW ENFORCEMENT OF IMMORAL CRIMINAL ACT COMMITTED BY THE CLOSEST ADULTS TO MINORS IN THE JURISDICTION OF KEPAHIANG POLICE RESORT Davinsi Josie Sidabutar; Lidia Br Karo; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The increase in violence committed by parents and the closest adults to children brings a new concept that must be understood together where violence against children is not only a trivial matter and the private sphere, but has become the state and the public problem. Based on the facts and data that showed the rampant violence against children that often occurs in the area of Kepahiang Regency, namely, violence committed by parents and the closest adults to children, it becomes necessary for the efforts to protect children to be maximized. The protection efforts must be carried out by the police, especially by the Women and Children Service Unit. The Women and Children Service Unit also has main tasks contained in Article 3 of KAPOLRI Regulation Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit within the Indonesian National Police environment. This study was conducted to obtain an overview, to understand and to analyze the factors inhibiting the implementation of the roles of Women and Children Protection Unit in law enforcement of immorality criminal acts committed by the closest adult to minors in the jurisdiction of Kepahiang Police Resort. The method applied in this study was an empirical juridical approach with qualitative analysis. The result of the study stated that the inhibiting factors in the implementation of the roles of Women and Children Protection Unit in law enforcement of immoral criminal acts committed by the closest adults to minors in the jurisdiction of Kepahiang Police Resort arose from internal and external factors.

HOMOSEXUAL CRIME TOWARDS CHILDREN IN BENGKULU PROVINCE VIEWED FROM ISLAMIC LAW PERSPECTIVE Muhammad Bayu Masifa Asbei; Muhammad Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Homosexual crime behavior on children in Bengkulu province experiences increase every year. Viewed from various religions officially recognized by the state, homosexual behavior categorized as acts that are in contrast to religious values, and Islam condemns such acts. From this background, the problems to be investigated can be formulated as follow: (1) what were the factors causing the occurrence of homosexual crimes on children in Bengkulu province?; (2) what were the criminal sanctions that can be imposed on the subjects of homosexual crimes against children in terms of Islamic law?. To answer these problems, it was used empirical juridical research method. The type of this research was descriptive. Data sources used were primary and secondary data. Data processing was done by editing method, then a qualitative analysis was performed by using the inductive-deductive method. The results showed that (1) the occurrence of homosexual crime on children was caused by factors of: social environment, pornography, and lack of family communication. (2) there were three opinions of fiqh scholars in determining criminal sanctions that can be imposed on homosexual offenders: the first opinion statesthat homosexual offenders shall be sentenced to death; the second opinionstipulates that homosexual offenders are sentenced as adultery. If he is a bikr (unmarried man) then his sentence is to be flogged and exiled from his country.While those who are muhsan (had been married), then he is punished by stoning. The thirdopinion stipulates that homosexual perpetrators must be given legal sanctions in the form ofta'zir, that is a kind of punishment which is aimed at educative and preventive in which theseverity is determined by the judge. This Islamic criminal sanctions are heavier than positivelaw, so they can create a deterrent effect, and reduce the number of sexual crimes on children.

BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT Muhammad Ali; Ardilafiza Ardilafiza; Jonny Simamora
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA Pofrizal Pofrizal; Akhmad Muslih; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

IMPLEMENTATION OF ARTICLE 86 OF LAW NUMBER 13 OF 2003 CONCERNING MANPOWER,OCCUPATIONAL SAFETY AND HEALTH TOWARD OPERATOR OF GAS STATION NUMBER 21.381.09 AT RAWA MAKMUR OF BENGKULU CITY Sukma Jumiati; Candra Irawan; Ganefi Ganefi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Regarding labour protection, therefore the Law Number 13 of 2003 concerning Manpower,Article 86 Paragraph (1) Letter a and Paragraph (2) states that:"Every worker/labourer has the right to receive protection on occupational safety and health". Then, the researchers will discuss the implementation of article 86 of law number 13 of 2003 concerning Manpower, occupational safety and health toward an operator of the gas station number 21.381.09 at RawaMakmurof Bengkulu City. The aim of this research was to know the implementation ofarticle 86 of Law Number 13 of 2003 concerning Manpower toward the operator of gas station number 21.381.09 atRawaMakmurof Bengkulu City. This research was an empirical study of qualitative research. The data sources used were secondary and primary data sources. In collecting the data, the researcher used interview, observation and documentation. After doing research, it can be concluded the following: Legal Protection at the gas stationare done by using Security Administration Body for Employment (BPJS Ketenagakerjaan) and Healthcare Security (BPJS Kesehatan), and conducted directly protection by the company by providing sweetened condensed milk as a neutralizing immune system, protective footwear shoes, and fire extinguishers as firefighters.

STRENGTHENING THE POSITION OF ATTORNEY IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Muhammad Juriko Wibisono; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The arrangement of the Attorney institution of the Republic of Indonesia in the 1945 Constitution is less clear and less detailed about its position as well as its authority in law enforcement. Departing from the description of the weakness of the Attorney of the Republic of Indonesia’s position above, it is necessary to place the Attorney of the Republic of Indonesia proportionally in order to be autonomous and independent in the perspective of the rule of law theory and the power sharing theory. Based on the results of the study, it can be concluded that the position of Attorney in the 1945 Constitution which was attached in the executive domain had caused a lot of debate. The debate was focused on whether it was a right choice to practically put the Attorney as a law enforcement institution in Executive domain where it should had been legally put in judiciary domain. Furthermore, strengthening the position of Attorney in the 1945 Constitution can be done though the fifth amendment of the 1945 Constitution, therefore the adjustment of the Attorney position must be explicitly stated in the institutions within the environment of judicial power accompanied by its authority.

KEWENANGAN PENGADILAN AGAMA DALAM PENGANGKATAN MEDIATOR NON HAKIM BERDASARKAN PERMA NOMOR 1 TAHUN 2016 Qurratul A'yuni; Akhmad Muslih; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Adapun tujuan penelitian ini: (1) Untuk mengetahui dan menganalisis kewenangan pengadilan agama dalam pengangkatan mediator non hakim berdasarkan PERMA Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. (2). Untuk mengetahui dan menganalisis hambatan pengangkatan mediator non hakim terhadap penyelesaian perkara pada pengadilan agama. Pada metode penelitian tesis ini, jenis penelitian ini termasuk dalam kategori penelitian hukum yang bersifat yuridis normatif. Pada ada penelitian ini ada empat pendekatan yang digunakan yaitu; Pendekatan peraturan perundang-undangan (statute approach), Pendekatan Kasus (case approach), dan Pendekatan Konseptual (conceptual approach), serta Pendekatan Perbandingan (comparative approach). Hasil penelitian bahwa: (1). Kewenangan Pengadilan Agama dalam pengangkatan mediator non hakim pada Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan, pada dasarnya yang menjadi mediator adalah orang yang bukan hakim yangtelah mendapat dan memperoleh sertifikat mediator dari lembaga yang sudah terakreditasi oleh MA, akan tetapi PERMA Nomor 01 Tahun 2008 memberikan kelonggaran apabila disuatu lingkungan peradilan tidak terdapat mediator bersertifikat maka yang menjadi mediator adalah hakim yang berada dalam lingkungan peradilan tersebut. Prinsip utama untuk pengangkatan mediator adalah harus memenuhi persyaratan kemampuan personal dan persyaratan yang berhubungan dengan masalah sengketa para pihak. Jika persyaratan ini telahdi penuhi baru mediator dapat menjalankan mediasi. (2). Hambatan pengangkatan mediator terhadap penyelesaian perkara Pengadilan Agama, ada dua yakni; pertama, akan berhasil jika terpenuhi empat hal mengenai keberhasilan mediasi yaitu; para pihak, mediator, keluarga,advokat (jika memakai advokat). Kedua, bisa gagal jika para pihak sudah tidak ingin berdamai dan rukun kembali. Karena para pihaklah yang mengambil keputusan, berdamai atau tidak. Sebagai pihak yang netral mediator memiliki peran penting dalam proses mediasi.yang membantu para pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian.

AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW Rizka Refliarny; Herawan Sauni; Hamdani Ma'akir
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.

Page 5 of 8 | Total Record : 80

3 4 5 6 7

Filter by Year

2020 2023

Filter By Issues

All Issue Vol. 13 No. 1 (2023): April 2023 Vol 12, No 1 (2022): April 2022 Vol. 12 No. 2 (2022) Vol 11, No 2 (2021): November 2021 Vol 11, No 1 (2021): April 2021 Vol 10, No 2 (2020): November 2020 Vol 10, No 1 (2020): April 2020 Vol 9, No 2 (2019): November 2019

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

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