Bengkoelen Justice : Jurnal Ilmu Hukum
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.
Articles
80 Documents
<![CDATA[The Position Of The Will In The Distribution Of Inheritance Reviewed From Islamic Law (Study of the Religious Court of Bengkulu Decision No. 0175/PDT.G/2012/PA.BN) ]]>
<![CDATA[Mitaria Ningsih]]>;
<![CDATA[Sirman Dahwal]]>;
<![CDATA[Akhmad Muslih]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21330
<![CDATA[This research raised the issue of the judge's consideration in the decision no. 0175/Pdt.G/2012/PA-Bn, regarding the position of the will in the distribution of inheritance. This study used a normative juridical law method, with primary legal material from the Religious Court of Bengkulu decision no. 0175/PDT.G/2012/PA.BN which has permanent legal force, and legal materials in the form of secondary laws, books, fiqh books that were related to the topics to be discussed. After the legal material was obtained, it was then analyzed based on normative descriptive analysis. The results of the study showed that (1) a will must be made by the heirs before the inheritance was divided. When the conditions and principles of the will have been fulfilled, the will became enforceable and has legal force after the death of the testator. Therefore, the position of will here in Islamic law did not necessarily constitute a kind of manipulation or violation of the law in relation to the application of Islamic inheritance law. (2) In case No. 0175/Pdt.G/2012/PA.Bn, that the dispute over the revocation of the will, the judge made a decision accordingly with Islamic Shari'ah law on wills. The will was designed and signed by the testator in the presence of two witnesses, and according to the judge's consideration, the will was valid based on the provisions of Article 195 (1) of the Criminal Procedure Code, then the judge's decision determined that the will was valid, so the judge must decide to impose sanctions on the Plaintiff and Defendant to divide the object of the case. ]]>
<![CDATA[Legal Implications Of The Certificate Revocation Decision By The Court Toward The Creditors ]]>
<![CDATA[Harimurti Kridalaksana]]>;
<![CDATA[Widiya N. Rosari]]>;
<![CDATA[Herawan Sauni]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21317
<![CDATA[This study aimed to analyze and to explain the legal implications of the court decision which stated that the certificate of ownership was revoked, furthermore it became the mortage right toward the bank as the holder of the mortgage right in the Home Ownership Credit Agreement. The research method used was normative legal research with a statute approach and a case approach. The results of the research showed that with the court's decision, the certificate of ownership rights which became the mortgage rights was no longer legally enforceable, namely 60 (sixty) working days after the court decision has obtained permanent legal force as referred to in Article 116 paragraph (1) of The Administrative Court Law. The decision was accepted if the Defendant did not fulfill his obligations. This also applied regardless of whether or not a revocation request was made to the Head of the local Land Office. Then automatically the mortgage rights also did not have legal force anymore, although this was not regulated in the provisions of the UUHT. However, the credit agreement did not become nullified or canceled, then there was a shift in the position of the bank from the original creditor which was prioritized to be a concurrent creditor.]]>
<![CDATA[Judge’s Considerations In Imposing A Decision On Divorce Lawsuit On Early Marriage Cases In Bengkulu ]]>
<![CDATA[Jelinda Dwi Oktaviani]]>;
<![CDATA[M. Darudin]]>;
<![CDATA[Akhmad Muslih]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21316
<![CDATA[According to Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, marriage is considered legitimate if both men and women are 19 years old. But in reality, in Bengkulu city there are still many early marriages that occurred and resulting in divorce. This study aims to analyze and to describe why divorce cases in minor couples in Bengkulu city are quite high, as well as to analyze and to describe the basis of judges' considerations in imposing a decision on divorce lawsuit in early age couples. The type of research used in this study was empirical legal research. In empirical legal research, the law is conceptualized as an empirical symptom that can be observed in real life. Based on the results of the study, it is known that the cause of divorce cases in early age couples in Bengkulu city is due to the emergence of various problems after marriage, such as increasing domestic violence rates, children's education rights that have not fully given by their parents, and stigma that must be borne by the children. These issues generally result in divorce on early age couples. In addition, the basis of the consideration of the Bengkulu Religious Court of Class IA in imposing a decision on divorce lawsuit in an early age couples has no difference with couples who is not married at an early age. There are three judges' decisions, namely the first is legal certainty. When divorce happened, the status becomes certain, namely the widow and widower. This status certainty allows a divorced couple to remarry later in the day. The second is justice. Justice is fair according to the judge if divorced. The third is the benefit. If the status is left unclear, there will be no benefit. It can even be a mudarah or another problem again in the future.]]>
<![CDATA[The Role Of The Ditpamobvit Of Polda Bengkulu In Safeguarding Certain Vital Objects In Bengkulu Regional Police Jurisdiction ]]>
<![CDATA[Adiromdani Adiromdani]]>;
<![CDATA[Antory Royan Adyan]]>;
<![CDATA[Herlambang Herlambang]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21318
<![CDATA[This study aimed to investigate: (1) the role of the Directorate Unit of Vital Object Safeguarding (Ditpamobvit) of Polda Bengkulu in safeguarding certain vital objects in Polda Bengkulu jurisdiction, (2) the inhibiting factors for the implementation of safeguarding certain vital objects carried out by the Ditpamobvit of Polda Bengkulu. In this thesis research method, the type of research used is descriptive. This study is included as an empirical legal research and it obtained that: (1) the role of the Ditpamobvit of Polda Bengkulu in safeguarding certain vital objects in Polda Bengkulu jurisdiction is carried out with security activities prioritizing pre-emptive and preventive principles but if needed in dangerous situations and conditions, law enforcement treatments (repressive) are allowed, (2) the inhibiting factors for the implementation of safeguarding certain vital objects carried out by the Ditpamobvit of Polda Bengkulu include the lack of security coordination between the Ditpamobvit unit of Polda Bengkulu and the security management of the vital objects, the lack of security unit officers compared to the level of vulnerability of the objects so that there is the potential for security threats/ disturbances to arise, and the lack of security infrastructure such as: number of guard posts, surveillance cameras (CCTV), patrol car units, area lighting, communication tools, and detection tools (metal detector/ search mirror/ manual detection tools).]]>
<![CDATA[Review Of The Execution Of The Decision Of The Lubuklinggau State Court Number 15/Pdt.G/2018/Pn Llg ]]>
<![CDATA[Randa Alala]]>;
<![CDATA[Slamet Muljono]]>;
<![CDATA[Emelia Kontesa]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21327
<![CDATA[In 2018, there was a lawsuit filed by Asbiati and Murisa Binti Nang Agus as the Plaintiffs against PT. Buana Sriwijaya Sejahtera (PT. BSS) as Defendant I, Plantation Cooperation of Tritunggal Jaya as Defendant II, Regent of Musi Rawas Utara as Defendant III, and Village Head of Biaro Lama as Co-Defendant that was submitted to the Lubuklinggau District Court and had been decided in Decision Number: 15/ Pdt. G/2018/PN.Llg In the course, this decision could not be executed. This study discusses the reasons for the Lubuklinggau District Court Decision Number 15/Pdt.G/2018/PN.Llg which has permanent legal force (inkracht van gewijsde) cannot be executed, as well as discussing the obstacles to the execution of the Lubuklinggau District Court Decision Number 15/Pdt.G/2018/PNLlg. Execution is the implementation of a Court Decision which has permanent legal force (in kracht van gewijsde) which is carried out forcibly by the District Court where the parties file a lawsuit caused by the losing party in the case rejecting to comply with and to carry out the Court's Decision. The approach used in this study was a normative juridical approach. This study used secondary data obtained from primary and secondary legal materials. The results of this study describe a decision that cannot be executed because there is no argument in the Plaintiffs' lawsuit that places a confiscation of collateral (conservatoir beslaag), and confiscation of execution (excekutorial beslaag) for a decision that has permanent legal force (inkracht van gewijsde), so that the decision does not have executive power. While the obstacles that arise are in the form of the absence of a time limit that serves as a guide for the Head of the Lubuklinggau District Court to carry out and determine an execution of a decision, and the resistance by the executed party who does not want to voluntarily carry out the contents of the judge's decision. ]]>
<![CDATA[The Implementation Of Administrative Bureaucracy Reform At Bengkulu Regional Office Of The Ministry Of Law And Human Rights Based On Presidential Regulation Number 81 Of 2010 Concerning The Grand Design Of Bureaucracy Reform Of 2010-2025 ]]>
<![CDATA[Afrilinda Afrilinda]]>;
<![CDATA[Edra Satmaidi]]>;
<![CDATA[Iskandar Iskandar]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21319
<![CDATA[The purpose of this study is to analyze and to describe the implementation of administrative bureaucratic reform at Bengkulu regional office of Ministry of Law and Human Rights of Bengkulu based on Presidential Regulation Number 81 of 2010 concerning the Grand Design of Bureaucratic Reform of 2010-2025, and to analyze the obstacles in the implementation of administrative bureaucratic reform at Bengkulu regional office of Ministry of Law and Human Rights. This research was a normative legal research. The analysis of legal materials was carried out in a qualitative juridical manner. The results of the study show that: Firstly, the implementation of administrative bureaucratic reform at the Bengkulu Regional Office of the Ministry of Law and Human Rights has been carried out for the needs of Bureaucratic Reform. Secondly, there are obstacles in the implementation of administrative bureaucratic reform at the Bengkulu Regional Office of the Ministry of Law and Human Rights, namely: The juridical obstacles consist of the absence of technical legislation for performance improvement and the absence of Standard Operating Procedures (SOPs) that can build a common perception, commitment, involvement in program implementation and bureaucratic reform activities at all levels of employees. Technical obstacles, namely the limited quantity and quality of Human Resources (HR) and facilities and infrastructure. By establishing an organizational structure based on the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 30 of 2018 concerning the Organization and Work Procedure of the Regional Office of the Ministry of Law and Human Rights, it can be a solution to achieve efficiency and effectiveness in the implementation of the tasks of the government bureaucratic apparatus.]]>
<![CDATA[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 ]]>
<![CDATA[Sukma Jumiati]]>;
<![CDATA[Ganefi Ganefi]]>;
<![CDATA[Candra Irawan]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21328
<![CDATA[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. ]]>
<![CDATA[The Efforts Of Bengkulu Regional Police Investigators In Determining Corruption Suspects For Soybean Seed Procurement At Department Of Agriculture Of Bengkulu Province For Fiscal Year 2016 ]]>
<![CDATA[Dedy SV Simanjuntak]]>;
<![CDATA[Hamzah Hatrik]]>;
<![CDATA[Lidia Br Karo]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21325
<![CDATA[Bengkulu Regional Police Investigators carried out their efforts by conducting investigations to determine suspects from state financial losses arising from the disbursement of advances for the work of procuring soybean seeds at the Department of Agriculture of Bengkulu Province for Fiscal Year 2016. The investigation was done because the work on procurement of goods and services had not been completed, but state finances had already been loss, although the control and supervision activities were under the authority of PPK (the Commitment Making Officer), in this case, KPA (the Budget User Authority) still involved itself. This research was empirical juridical research with descriptive research type. Sources of data applied were primary and secondary data. Data processing was carried out using the editing method, then data analysis was using qualitative analysis methods, by means of inductive-deductive thinking or vice versa. The purpose of this study was to find out the efforts of Bengkulu Regional Police investigators in determining suspects and the juridical basis of investigators in determining the suspects of corruption in the procurement of soybean seeds at the Department of Agriculture of Bengkulu Province for Fiscal Year 2016. The results of this study indicated that: (1) The Efforts of Bengkulu Regional Police Investigators in determining the suspect of corruption in the procurement of soybean seeds by examining witnesses, which was a team of directors from the Department of Agriculture of Bengkulu Province and the implementing parties, as well as witnesses involved in carrying out the work, conducting inspections and confiscation of documents, and finally asking for information from experts. (2) The investigators' juridical basis in determining 3 (three) suspects; the Budget User Authority (KPA) who also served as the Head of the Department of Agriculture of Bengkulu Province, the Commitment Making Officer (PPK), and the Deputy Executive Director of corruption activities in the procurement of soybean seeds at the Department of Agriculture of Bengkulu Province for the 2016 Fiscal Year, was applying Article 3 of the Law of the Republic of Indonesia Number 31 of 1999 as amended by the Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. ]]>
<![CDATA[Legal Protection of the Parking Attendants for the Issuance of the Assignment Letter from the Transportation Department of Communication and Informatics Related to Employment Rights and Obligations in Bengkulu City ]]>
<![CDATA[Ekke Widoto Khahar]]>;
<![CDATA[Amancik Amancik]]>;
<![CDATA[Amirizal Amirizal]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21329
<![CDATA[Assignment Letter (SPT) is issued to the parking attendants after they meet the requirements set by Dishubkominfo (the Transportation Department of Communication and Informatics). The SPT contains only the duties and obligations of a parking attendant ordered by Dishubkominfo. The position of Dishubkominfo is higher, which is as the task provider for the parking attendant. Although these parking attendants play a role in Bengkulu City, they do not get protection. This could be seen in the SPT between Dishubkominfo and the parking attendants, which does not regulate protection for parking attendants at all. Thus, there is no legal certainty or protection for the parking attendants. The problems in this research were: What was the legal aspect of the position of the assignment letter from the Transportation Department of Communication and Informatics to the parking attendants in labor law in Bengkulu City? And what was the form of legal protection for parking attendants in the assignment letter from the Transportation Department of Communication and Informatics of Bengkulu City? The type of research used in this research was empirical juridical research. The results of this research were: Parking management in terms of collecting parking fees on the side of public roads in Bengkulu City was legally the duty and authority of Dishubkominfo. In its implementation, to collect parking fees, Dishubkominfo of Bengkulu City assigned the parking attendants based on the assignment letter (SPT). Legally, both parties have an employer and worker relationship as regulated in the Labour Laws where both parties have their respective rights and responsibilities. Thus, both parties also apply the provisions relating to Employment as regulated in the Labour Laws even though this is not regulated in the assignment letter (SPT) issued by Dishubkominfo of Bengkulu City. Legal protection of the parking attendants' rights relating to working hours, rest periods, occupational safety and health, wages, and social security has not been obtained by the parking attendants as it should have been determined by the Labour Laws and the Law on Social Security.]]>
<![CDATA[Evaluation Of The Local Regulations Draft Of Bengkulu Selatan Regency Concerning Local Taxes And Local Retributions By The Governor ]]>
<![CDATA[Hendri Donan]]>;
<![CDATA[Amancik Amancik]]>;
<![CDATA[Ardilafiza Ardilafiza]]>
<![CDATA[ Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022 ]]>
Publisher : <![CDATA[Universitas Bengkulu ]]>
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DOI: 10.33369/j_bengkoelenjust.v12i1.21326
<![CDATA[Evaluation is the study and the assessment on the local regulation draft regulated in accordance with the law in the field of local government and other statutory regulations to find out if there are things that are contrary to the public interest, and/or higher legislation and/or decency. The evaluation on the local regulation draft in the regency/city area regarding local taxes and Local Retribution by the governor as a representative of the central government is a form of authority de-concentration delegated by the central government to the governor. The evaluation process is carried out before the relevant legal norms are binding on the general public. The central government gradually evaluates, tests, and even rejects the local regulation draft. Regarding the implementation of the evaluation, in practice it still creates complexities of obstacles in the evaluation of local regulation draft which actually has an impact on legal certainty, especially the legal interests of the district/city government. The problems of this research were how to evaluate the implementation of the Local Regulation Draft concerning Local Taxes and Local Retribution by the Governor and the obstacles in the implementation of the evaluation of the Local Regulation Draft concerning Local Taxes and Local Retribution by the Governor. The approach method used in this research was the normative legal method (juridical normative), while the analysis used was qualitative analysis. The data sources used were primary legal materials obtained through laws and regulations, and secondary legal materials sourced from various official documents. The results of the study indicate that the implementation of the evaluation of the local regulation draft in the regency/city area regarding local taxes and local retribution by the Governor seen from the role and authority of the institution has been in accordance with the legislation, but when viewed from the side of the procedures and time regulated in its implementation it has not been effective and does it not provide legal certainty. Obstacles in evaluating the local regulation draft in the regency/city area are the ineffectiveness of tiered supervision and the inaccuracy of time as stipulated in the legislation.]]>
