Bengkoelen Justice : Jurnal Ilmu Hukum

COMPARISON OF THE APPLICATION OF RESPONSIVE LEGAL THEORY IN RESPONDING TO SOCIAL CHANGE IN THE CRIMINAL LAW AND CIVIL LAW

2025-04-12

Philippe Nonet and Philip Selznick stated that responsive law is a law that is oriented to the fulfillment of social needs and is able to adapt according to the dynamics of society. This study aims to compare the application of responsive legal theory in responding to social changes in the field of criminal and civil law. The research method used is normative or doctrinal legal research with a conceptual and comparative approach. The conceptual approach is used to understand the basic principles of responsive legal theory that emphasize legal flexibility in dealing with social dynamics. A comparative approach is applied to analyze the similarities and differences in the application of this theory in criminal and civil law. The results show that the application of responsive law theory in criminal law tends to focus on the rehabilitation of perpetrators and the restoration of social relations through a restorative justice approach. On the other hand, in civil law, this theory is implemented through flexible alternative dispute resolution, such as mediation
and arbitration, which considers substantive justice for the parties to the dispute. Although the goals and processes in these two areas of law are different, they emphasize the need for legal adaptation to social changes and societal needs. Thus, responsive legal theory is expected to be able to create a legal system that is more inclusive, fair, and relevant to the development of Indonesian society.

Keywords: Civil Law, Criminal Law, Responsive legal theory, Social Change.

IMPLEMENTATION OF GOTO TRADEMARK PROTECTION BASED ON THE PRINCIPLE OF “SUBSTANTIAL SIMILARITY”

2025-04-18

Trademark protection is a crucial aspect of intellectual property law, aimed at safeguarding trademark owners and preventing consumer confusion. This study analyzes the implementation of the "substantial similarity" principle in a trademark dispute case involving the registered trademark owner "GOTO" against similar trademark variations, such as "goto" and "Goto Financial." Using a normative approach, this research evaluates trademark infringement based on visual, phonetic, and conceptual similarities, which may cause confusion and potential loss to the actual trademark owner. The findings indicate that the principle of "substantial similarity" plays a vital role in maintaining the exclusive rights of registered trademark owners while providing legal certainty and fairness in resolving trademark disputes. These findings reinforce the importance of strong trademark protection regulations to prevent conflicts and safeguard brand reputation in an increasingly competitive market.

Keywords: Trademark Protection, Substantial Similarity, Exclusive Rights, Trademark Dispute

THE ROLE OF PUBLIC-PRIVATE PARTNERSHIPS (PPP) IN OVERCOMING BUDGETARY AND BUREAUCRATIC BARRIERS IN INFRASTRUCTURE DEVELOPMENT IN INDONESIA

2025-04-18

This study aims to analyze the role of Public-Private Partnerships (PPP) in overcoming budgetary and bureaucratic barriers in infrastructure development in Indonesia. Employing a normative juridical research method through statutory and conceptual approaches, this study evaluates the legal framework and implementation of PPPs, including Presidential Regulation No. 38 of 2015 and other supporting regulations. The findings indicate that PPPs represent an innovative alternative solution to address the limitations of state budget (APBN) funding and accelerate the provision of strategic infrastructure through private sector involvement. Moreover, PPPs contribute to streamlining administrative procedures that are often hindered by bureaucratic inefficiencies. Nonetheless, challenges such as regulatory complexity, project readiness, and inter-institutional coordination remain significant obstacles. With regulatory refinement and stronger institutional support, PPPs hold great potential to promote efficient and sustainable infrastructure development in Indonesia.

Keywords: PPP; Infrastructure; Budget Constraints; Bureaucracy; Legal Framework

LEGAL PROTECTION FOR THE DIVISION OF JOINT PROPERTY LOCATED ON ANOTHER PERSON’S LAND (ANALYSIS OF DELEGATION NUMBER 180/PDT.G/2023/PA.PYB)

2025-04-22

Based on the principles of land law in Indonesia which adheres to the principle of horizontal separation,this allows for differences in ownership of landand buildings and plant sonit.So it should be mutually understood that the landowner cannot automatically control the rights to the building or plants located on it. It turns out that not everyone understands this kind of legal principle,and in practice,disputes over joint property often occur. This kind of dispute also occurred between two people who were previously a husband and wife with the plaintiff (Nilda Yanti Binti Ardansyah) and the defendant (Nasrun Bin Sahril), As for the case that the Plaintiff disputed the joint property which was on land belonging to the Defendant's parents, this case arose when the Defendant did not share the proceeds of the joint property with the Plaintiff. For this reason, the researcher took this caseto beexamined in depthso that the Defendantwould sharethe proceeds of the joint assets withthe Plaintiff. What is formulatedin thisresearch is how to protect the Plaintiff's rights so that he can enjoy the proceeds of the joint assets? The research method used is a type of normative juridical research where a law is conceptualized the same as that stated in statutory regulations (law in books). This research approach is a statutory approach. Meanwhile, the legal material includes primary sources, namely national legal rules which are ordered based on a hierarchy starting from the 1945 Constitution, Laws, Government Regulations, and other rules underthelaw.In the provisions that have been regulated in the Marriage Law No. 1 of 1974, namely regarding joint property in marriage which is contained in Chapter VII which is regulated in 3 articles, namely Article 35, Article 36, Article 37. Article 35 paragraph (1) states that property obtained during marriage becomes joint property. And paragraph (2) states that property brought bye ach husband and wife and property obtained byeach as a gift or in heritanceis under the control of each as long as the parties do not determine other wise. And secondary sources are those found from text books,journals,opinions of figures and scholars related to joint property cases in the case studied. The results of this research show that there is indeed joint property,and the defendant was found notto share the proceeds witht heplaintiff,so that atrial from the Religious Court was needed.

Keywords: Division, Ownership, Principle of Horizontal Separation.

LEGAL STATUS OF ZAKAT FITRAH COLLECTION BY ZAKAT FITRAH COMMITTEES THAT DO NOT HAVE LEGITIMATE PERMITS FROM GOVERNMENT INSTITUTIONS ACCORDING TO LAW NO. 23 OF 2011

2025-04-22

Zakat fitrah is an obligation for every capable Muslim and must be paid during the month of Ramadan as a form of cleansing of wealth and soul. The management of zakat fitrah is usually carried out by the zakat fitrah committee in the community. However, not all zakat fitrah committees have permission or legitimacy from authorized government institutions, namely the National Zakat Amil Agency (BAZNAS) or registered zakat amil institutions. This research aims to analyze the legal status of zakat fitrah collection by a committee that does not have permission from the government based on Law no. 23 of 2011 concerning Zakat Management. This research uses a normative approach with a literature study regarding applicable legal provisions. In this study, the researcher used a statutory approach, namely an approach that analyzes and examines statutory regulations related to the legal problems currently being faced.The research results show that the collection of zakat fitrah by a committee that does not have permission or legitimacy from a government institution could potentially violate legal provisions regulated in Law no. 23 of 2011, which can cause problems regarding the legality of zakat distribution and supervision of its use.

Keywords: Legal Status, Zakat Fitrah Commite, Legitimacy.

INTEGRATION OF PHILOSOPHY OF SCIENCE IN THE REFORM OF NOTARY LAW IN THE DIGITAL AGE

2025-04-23

The development of digital technology has driven fundamental changes in notarial practices, which were previously conventional, relying on physical documents and the direct presence of notaries. However, the existing regulation, Law No. 2/2014 on Notary Position, has not comprehensively accommodated this digital transformation. This research aims to analyze the importance of the integration of philosophy of science in the reform of notarial law, so as not only to adjust the technical aspects, but also to uphold the basic values of law. This research uses a literature study method with a juridical-normative and philosophical approach. The study was conducted by reviewing legal documents, theories, and the results of previous research. The results show that the integration of philosophy of science through epistemology, ontology, and axiology approaches is able to provide a strong conceptual basis for the renewal of digital notarial law. The epistemology aspect highlights the importance of scientific verification of electronic deeds, ontology demands legal recognition of the existence of digital documents, while axiology emphasizes justice, professional ethics, and social usefulness. With the integration of the three branches of philosophy of science, it is hoped that legal policies will be created that are not only responsive to technological developments, but also based on the basic principles of the notary profession: legal certainty, expediency, and protection of the interests of the wider community. With this framework, the reform of notary law can run effectively and sustainably, not merely as a response to technological trends, but as a form of commitment to a fair, valid, and responsive legal system.

Keywords: Axiology, Epistemology, Philosophy of Science, Kenotariatan Law, Ontology.

LEGAL ISSUES IN IMPLEMENTING THE EXECUTION OF FIDUCIARY COLLATERAL OBJECTS POST THE ISSUANCE OF THE DECISION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA NUMBER 2/PUU-XIX/2021

2025-04-23

This study aims to find out and analyze legal protection and certainty over the rights of parties for creditors in Fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021, as well as the process of executing Fiduciary collateral objects by creditors in post-Fiduciary guarantees. Issuance of Constitutional Court Decision Number 2/PUU-XIX/2021. The research method was carried out in a normative juridical manner. The data used is secondary data obtained using a literature study. It is hoped that the research results can serve as input for decision-makers and the public in general related to legal issues in the execution of fiduciary guarantee objects after the issuance of the Ruling of the Constitutional Court of the Republic of Indonesia Number 2/PUU-XIX/20 Based on the results of the research, it can be concluded (1) Legal protection and legal certainty for the rights of Creditors (Fiduciary Recipients) after the issuance of the Constitutional Court Decision Number 2/PUU-XIX/2021, June 8, 2021, has undergone changes that lead to a potential for less guaranteed protection law and legal certainty of the rights of creditors (Fiduciary Beneficiaries) in exercising their rights to execute collateral Objects. (2) The process of executing Fiduciary collateral objects after the issuance of the Constitutional Court Decision Number 2/PUU-XIX/2021, June 8, 2021, can be carried out in 2 (two) ways, namely by submitting an application to the District Court and by parate executie as long as it has been there is an agreement regarding default/default since the guarantee agreement was made. The debtor voluntarily surrenders the Collateral Object to be executed.

Keywords: Collateral, Constitutional Court Decision, Execution, Fiduciary, Legal Issues.

THE ROLE OF THE LEGAL SECTION OF THE CITY POLICE DEPARTMENT AND THE LEGAL DIVISION OF THE REGIONAL POLICE DEPARTMENT IN ASSISTING WITH DISCIPLINARY CODE OF ETHICS VIOLATIONS AND CRIMINAL ACTS BY POLICE OFFICERS IN BENGKULU

2025-04-25

The issue examined in this thesis is the role of the legal section of the city police department and the legal division of the regional police department in assisting police officers who commit disciplinary violations, ethical code breaches, and criminal acts, as well as the challenges faced by these legal sections in providing such assistance. The research method used is empirical legal research, also known as field research, which examines the applicable legal provisions and what occurs in reality within society. The findings indicate that the Legal Section of the City Police Department and the Legal Division of the Regional Police Department play a crucial role in supporting police officers who commit disciplinary violations, ethical breaches, and criminal acts. This support, provided based on orders from the heads of the city and regional police departments, ensures that the rights of problematic police officers are not neglected. In practice, the legal sections have been quite effective in providing legal assistance, despite facing various internal and external challenges in fulfilling their roles.

Keywords: Legal Assistance, Disciplinary Violations, Code of Ethics, and Criminal Acts

FACTORS CONTRIBUTING ONLINE GAMBLING AMONG UNIVERSITY STUDENTS IN BENGKULU CITY

2025-04-25

Online gambling has become an increasingly troubling phenomenon in society, particularly among university students. This study investigated the contributing factors and mitigation efforts related to online gambling crimes among university students in Bengkulu City. The research employed a qualitative methodology, utilising in-depth interviews and analysis to collect and examine data. The data sources for this study were university students in Bengkulu City who are directly involved in online gambling. Informants were selected using purposive sampling principles. The findings of this research indicate that there are numerous types of gambling websites on the internet. The initial exposure of students to online gambling often occurred through interactions with fellow students, whether on the same campus or living together with those already familiar with and involved in online gambling. Additionally, other factors contribute to their continued participation in online gambling.

Keywords: Factors Contributing, Online Gambling, University Students

JURIDICAL ANALYSIS OF LEGAL CONSIDERATIONS FROM THE JUDGE IN CANCELING THE DETERMINATION OF THE HEIRS NUMBERS 89/PDT.P/2020/PA.BN AT THE CLASS IA BENGKULU RELIGIOUS COURT

2025-04-25

The purpose of this research is to examine and analyze the legal considerations of the Panel of the Judges in Canceling the Determination of Heirs Number 648/Pdt.G/2022/PA.BN towards the Cancellation of the Determination of Heirs Number 89/Pdt.P/2020/Pa.Bn at the Class IA Bengkulu Religious Court. The method used in this research is normative method by analyzing existing decisions and statutory regulations. The results of the research show that the legal considerations of the Panel of the Judges in
Canceling the Determination of Heirs Number 648/Pdt.G/2022/PA.BN towards the Cancellation of the Determination of Heirs Number 89/Pdt.P/2020/Pa.Bn at the Class IA Bengkulu Religious Court was done based on the Islamic and Positive Law in Indonesia, by looking at written evidence and witnesses at the trial, and has fulfilled the elements of legal certainty and justice for all parties.

Keywords: Legal Considerations, Cancellation of the Determination of Heirs, Religious Court