Bengkoelen Justice : Jurnal Ilmu Hukum

IMPLEMENTATION OF RESTORATIVE JUSTICE BASED ON LOCAL WISDOM: LEGAL AND CULTURAL PERSPECTIVES IN INDONESIA

2025-12-31T04:26:23+00:00

This study discussion the implementation the implementation of restorative justice based on local wisdom in the context of law and culture in Indonesia. In Indonesia's multicultural societies, traditional values such as deliberation, mutual cooperation, and traditional peace have long been part of the conflict resolution mechanism. Restorative justice emerges as an alternative approach that emphasizes the restoration of relationships between Between perpetrators, victims, the cummunities, and aligans with traditional legal practices. Through a normative legal approach, this study analyzes the relationship between the principles of restorative justice and local wisdom as recognized by various laws and regulations, such in 1945 constitution, the Criminal Procedure Code, and regulation of the Police and the Attorney General's Office. This study also reviews local practices such as Mekarabah in Bugis-Makassar, Nyapuh Lawang in Central Java, and customary deliberations in Papua. The results of the study show that the application of customary-based on restorative justice can accelerate conflict resolution, strengthen social legitimacy, and reduce the burden on the formal justice system. However, the challenges remain regarding the integration of customary law into the national legal system and the guarantee of human right protections. Therefore, more integrated regulations and consistent implementation standards are needed to ensure that restorative justice is applied fairly, inclusively, and in line with the principles of the rule of law.

UTILIZATION OF PEOPLE'S BUSINESS CREDIT BY MSMES IN THE CONTEXT OF BUSINESS DEVELOPMENT IN THE COASTAL MARKET AREA, MALABERO VILLAGE

2026-01-22T05:11:03+00:00

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in the Indonesian economy by absorbing labor, creating jobs, and supporting economic growth, particularly in coastal market areas such as Malabero Village, Bengkulu City. This research aims to analyze the utilization of People’s Business Credit as a government-supported micro-credit program and its role in supporting business development among MSMEs in the coastal market area of Malabero Village. This research employed an empirical legal research approach using field data as the primary source, collected through interviews with MSME actors in the Malabero coastal market area. The findings indicate that the utilization of micro-credit remains relatively low, as only a small proportion of business actors have accessed the program, mainly those with higher capital needs, while limited information, low financial literacy, and fear of debt hinder wider participation. The research concludes that strengthening financial literacy, improving program socialization, and providing continuous assistance are essential to enhance effective micro-credit utilization and promote sustainable MSME development in coastal areas.

A CHALLENGES IN THE IMPLEMENTATION OF THE LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS BY NOTARIES THROUGH THE APOSTILLE MECHANISM IN INDONESIA

2026-01-22T05:12:16+00:00

The legality of foreign public documents is a crucial aspect of civil legal relations between countries. Prior to the 1961 Apostille Convention, the legalization process in Indonesia involved a lengthy and complicated procedure. Following Indonesia's accession as a country to the Apostille Convention through Presidential Regulation Number 2 of 2021 concerning the Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents in 2022, the legalization system underwent significant changes. This study aims to analyze the legal standing and authority of Notaries in the legalization of foreign public documents after the accession of the Apostille Convention and the challenges in implementing the Apostille mechanism by Notaries. This study employs a normative juridical method, utilizing a statutory regulatory and legal doctrine approach. The results of the study indicate that the implementation of the legalization mechanism through the Apostille has accelerated and simplified the legalization process, although challenges remain in synchronizing regulations and understanding legal practitioners.

IDEAL MODEL IN IMPLEMENTING THE PROMPT RELEASE PROCEDURE AS AN EFFORT TO OPTIMIZE LAW ENFORCEMENT IN THE INDONESIAN EEZ

2026-01-15T09:14:40+00:00

This article examines the implementation of the Prompt Release Procedure in Indonesia as mandated by Article 73 paragraphs (2) and (3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). This article aims to answer questions related to how the Prompt Release Procedure is currently implemented in Indonesia and what the ideal model for implementing the Prompt Release Procedure in Indonesia would be as a means of enforcing the law against Illegal, Unreported, and Unregulated Fishing (IUU Fishing) in Indonesia's Exclusive Economic Zone (EEZ). This study uses a normative method supported by empirical data. The approaches used are a regulatory approach, a comparative approach, and a conceptual approach. The results of the study show that currently, prompt release has not been implemented in Indonesia even though its provisions are regulated in Article 15 of the ZEEI Law and Article 104 paragraph (1) of the Indonesian Fisheries Law. Currently, the law enforcement approach used is a criminal approach as primum remedium without first going through administrative mechanisms as mandated by Article 73 of UNCLOS 1982. The model for implementing the Prompt Release Procedure in Indonesia is to make administrative law enforcement the primum remedium against IUU Fishing in the EEZ and the criminal approach the ultimum remedium.

Keywords: Prompt Release Procedure, Indonesian EEZ, UNCLOS 1982, IUU Fishing, Administrative Law Enforcement.

THE CONSTITUTIONAL LIMITS OF STATE USE OF ARTIFICIAL INTELLIGENCE IN INDONESIA: A DIGITAL CONSTITUTIONALISM PERSPECTIVE

2026-02-12T11:17:47+00:00

The use of artificial intelligence (AI) by the state represents a fundamental transformation in the exercise of public power in the digital era. Across jurisdictions, AI systems are increasingly deployed in public administration, law enforcement, social welfare distribution, security surveillance, and other decision-making processes that directly affect the legal status and fundamental rights of individuals. While these technologies promise efficiency and administrative effectiveness, their use by public authorities raises significant constitutional concerns, particularly with regard to the protection of human rights, the rule of law, and democratic accountability. This article examines the constitutional limits of state use of AI and identifies the constitutional principles that should govern its deployment. This study employs a qualitative methodology based on a conceptual and comparative legal approach. It analyses the emerging framework of digital constitutionalism as a normative lens through which the use of AI by the state can be assessed, focusing on the principles of legality, proportionality, transparency, due process of law, and accountability. In addition, the article examines relevant standards under international human rights law, particularly the International Covenant on Civil and Political Rights (ICCPR), as well as comparative regulatory developments, most notably the European Union Artificial Intelligence Act. The analysis demonstrates that the use of AI by the state cannot be treated as a merely technical or administrative matter, but must be understood as a constitutional issue involving the exercise of public authority. Without a clear legal basis, effective oversight, and enforceable accountability mechanisms, AI risks expanding state power in opaque ways and undermining fundamental rights. The article concludes that the integration of digital constitutionalism into the governance of public-sector AI is essential to ensure that technological innovation remains consistent with constitutional values, human rights protection, and democratic governance.