Bengkoelen Justice : Jurnal Ilmu Hukum

PERFORMANCE OF THE GUNUNG JAYA AGRARIAN REFORM VILLAGE, SOUTHEAST SULAWESI: A STUDY OF THE CHALLENGES OF ACHIEVING AGRARIAN REFORM GOALS

Nur Hidayani Alimuddin — 2024-04-01

Agrarian Reform Village (ARV) is a pilot project in various Indonesian regions to prepare
areas for the small-scale implementation of agrarian reform, including asset management and
access management. The aim of this study is to know the perfomance of Agrarian Reform
Village (ARV) in Gunung Jaya Village, Dangia District, Southeast Sulawesi and to know the
challenges faced in implementing the program to achieve the goals of agrarian reform. Its
social legal research consists of primary data obtained directly from the field or research
location and elaborated with secondary data that is already available in the form of legal
materials and relevant to the research topic. This study found that the performance of Gunung
Jaya Agrarian Reform Village, which includes land redistribution, economic community
empowerment, and reform access, was not optimal enough. There are several inhibiting factors
that become challenges for the optimalization of the program, such as the planting process,
maintenance, and capital problems. The local government and the Ministry of Agrarian Affairs
and Spatial Planning, as organizers, continue to strive to resolve these obstacles for the
implementation of the agrarian reform village in following year to realize the achievements of
agrarian reform.
Keywords: Village; Reform; Agrarian.

IMPLEMENTATION OF PRINCIPLES OF RESTORATIVE JUSTICE IN CRIMINAL PROCEDURAL LEGAL PROCEEDINGS

Candra Wijayanto — 2024-04-02

This study aims to assess and analyze how the principle of restorative justice is applied in criminal procedural legal proceedings. Normative juridical methods were used in the study. The results showed that, despite some obstacles and difficulties, the principles of restorative justice have been used in criminal procedural legal proceedings. In some situations, several key principles have been applied, such as recovery for victims, active participation of perpetrators in the recovery process, and community involvement in peacekeeping. Nevertheless, the concept of restorative justice is still a complex concept to understand and study, as well as the availability of adequate resources to support its implementation. This study improves our understanding of the use of restorative justice in criminal procedural law. This research can serve as a basis for making more efficient legal policies and practices that support restorative justice in enforcement.

Keywords: Principles of Justice, Restorative Justice, Criminal Procedural Law.

LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION

Sasmiar Sasmiar — 2024-04-08

If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is much more effective and efficient in terms of time, energy and costs when compared to dispute resolution through court. the process of resolving disputes through mediation is final and binding. The method used in this research is normative juridical. where doctrinal research is related to mediation within the framework of norms that have been abandoned or there is a legal vacuum. the rules regarding mediation are very simple while the legal requirements are increasing. the substance of the mediation arrangements is incomplete, such as arbitration. National legal product was regulated arbitration and alternative dispute resolution. in addition to being able to resolve civil disputes to general courts, there is also the possibility of submitting them through arbitration and alternative dispute resolution. laws arbitration and alternative dispute resolution such as mediation do not have legal certainty, because the substance of the mediation arrangements is incomplete. This is certainly detrimental to the disputing parties. Supreme Court regulated vacuum law to control this legal proceeding. The mediation process is carried out based on the practices that apply in the field. This is certainly detrimental to the disputing parties, and reduces public interest in resolving their disputes through mediation

Keywords: Dispute Resolution; Mediation; Legal Certainty

POLITICAL LEGAL FORMATION OF LEGAL REGULATIONS USING THE CARRY-OVER MECHANISM AND ITS RELATIONSHIP TO GENERAL PRINCIPLES OF GOOD GOVERNMENT

Mohammad Raihan — 2024-04-12

Legal politics in the formation of a draft law into law requires a mechanism with a process that is not simple. The process of forming statutory regulations is regulated in Law Number 15 of 2019 concerning the Formation of Legislative Regulations. The planning and preparation stage begins with the National Legislation Program (Prolegnas). In the Prolegnas, it is planned and prepared an agenda for any bills which will be the task of the House of Representatives to be discussed for the next 1 (one) to 5 (five) years and are only valid during the term of office of the DPR in that period. Therefore, a mechanism for "inheriting" the bill from the previous period to the next period is needed to ensure the continuity of the bill discussion process or it can be called a " carry-over " mechanism which basically has the main objective of continuing the discussion of the bill so that it reaches the enactment stage. raised in this paper is "What is the process of forming legislation with a carry-over mechanism and its relationship to the general principles of good governance?" The research method used in this journal is normative legal research method, which refers to legal norms contained in laws and court decisions, as well as legal norms prevailing in society. The results of this research show that Prolegnas, as the first step in determining what bills can be drafted using the carry over concept , is a form of legal politics in the formation of laws. It is hoped that the formation of laws through the carry-over concept can perfect the process of forming laws and regulations that pay attention to the effectiveness and sustainability of development planning and are in accordance with the formation of good laws and regulations.

Keywords: Legal Politics, Draft Law, Carry-Over.

IMPLEMENTATION OF RESTITUTION FOR VICTIMS OF ABUSE ACCORDING TO INDONESIAN CRIMINAL LAW

Tubagus Alandaru Adamullah — 2024-04-14

This research primarily focuses on analyzing the concept of restitution in the context of victims of abuse, as well as identifying the challenges and benefits of implementing restitution in criminal law enforcement in Indonesia. The research employs a normative juridical method. The implementation of restitution for victims of abuse in Indonesia still faces various obstacles, such as a lack of understanding of the concept of restitution among law enforcement officials and a lack of awareness of victims' rights to receive restitution. However, there are also significant benefits from implementing restitution, such as providing compensation to victims for the losses they have suffered and strengthening restorative justice in the criminal justice system. This research provides an overview of the implementation of restitution for victims of abuse under Indonesian criminal law and offers recommendations to enhance the effectiveness and fairness in protecting victims' rights through the mechanism of restitution.

Keywords: Criminal Law in Indonesia; Restitution; Victim.

A JURIDICAL REVIEW OF INFORMED CONSENT BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH AS A REPLACEMENT FOR LAW NUMBER 36 OF 2009

Franky Kurniawan — 2024-04-21

In contemporary times, with the increasing legal awareness among the general public, the aspect of legal protection has become a focal point in the healthcare legal framework in Indonesia. The Law Number 17 of 2023 concerning Health, replacing Law Number 36 of 2009, illustrates significant changes in the healthcare legal structure in Indonesia. One of the primaries focuses in the implementation of this law is informed consent, which serves as a legal protection tool for patients. Therefore, this study aims to explore the regulation of informed consent in Law Number 17 of 2023 and its implementation among healthcare professionals or facilities. This research employs a normative juridical analysis method by examining the document of the Republic of Indonesia Law Number 17 of 2023 concerning Health, which replaces Law Number 36 of 2009 concerning Health. Legal reviews are conducted by referring to various legal sources and expert opinions. The research findings indicate that Law Number 17 of 2023 establishes a stronger foundation compared to the previous law for the implementation of informed consent. Informed consent is emphasized as both a medical duty and a patient's right, with an emphasis on providing comprehensive information. These changes reflect responses to the unequal access to healthcare services and the need to strengthen the national healthcare system, particularly in the context of emergencies, extraordinary events, or outbreaks. The study notes that there is still a need for adaptation and thorough understanding from healthcare professionals and facilities to maintain a balance between patient rights and the public health interest. Further issues to be addressed include aspects of informed consent that are not elaborated in detail in this new law, such as medical expansion procedures and decisions regarding life-sustaining treatment cessation or postponement.

Keywords: Healthcare Law; Informed Consent; Legal protection.

THE AUTHORITY OF ANESTHESIA TECHNICIANS IN CONDUCTING ANESTHESIA PRACTICES REVIEWED IN LIGHT OF MINISTER OF HEALTH REGULATION NUMBER 18 OF 2016 REGARDING THE LICENSING AND IMPLEMENTATION OF ANESTHESIA TECHNICIAN PRACTICES (A STUDY AT MELAWI DISTRICT GENERAL HOSPITAL, WEST KALIMANTAN)

Muhammad Alief — 2024-04-21

This study aims to evaluate the clinical authority of anesthesia providers in relation to Health Regulation No. 18/2016 and its implementation at Melawi Regional General Hospital. Anesthesia services in Indonesia are performed by anesthesiologists and anesthetists. The government issued Minister of Health Regulation Number 18 Year 2016 on Anesthesia Practice Permits and Implementation to clarify the responsibilities of anesthesiologists in performing such medical actions. In addition, nowadays, it is highly recommended that all hospitals be accredited to measure public safety and service quality. As part of the accreditation process, all medical professionals will be required to provide evidence of proficiency by demonstrating their credentials. Therefore, the purpose of this study is to determine the clinical authority of anesthesia providers in relation to Health Regulation Number 18 Year 2016 and its implementation. Examining Health Regulation No. 18/2016 on the License to Practice and Implementation of Anesthesia, this research uses a normative juridical analytical approach. The legal review was conducted by referring to several legal materials and expert opinions. The results showed that the authority of the anesthesiologist at Melawi Regional General Hospital is in accordance with Permenkes No. 18 of 2016. The research also noted that the procedure for delegation of authority from anesthesiologist to anesthesiologist is carried out with Standard Operating Procedures that have been determined by the Melawi Regional General Hospital.

Keywords: Anesthesiologist; Authority; Implementation.

DIALECTICS OF RELEVANCE: THE CHALLENGE OF PURIFICATION IN MUHAMMADIYAH FROM THE PERSPECTIVE OF PROPHETIC AND TRANDSCENDENTAL-BASED LAW (PROGRESSIVE AND CONSERVATIVE VIEWS)

Noor Rahmad — 2024-04-21

Understanding the concept of purification or spiritual cleansing plays an important role in many religious traditions, including Muhammadiyah. Muhammadiyah, as an Islamic organization that promotes moderate national and Islamic values, has long dedicated itself to understanding religious concepts in the context of the times. However, in the process of adapting to the changing times, there are often different views, both in progressive and conservative approaches, in interpreting and applying religious concepts, including purification. Based on the research findings, the study can generate concrete policy recommendations and strategies to promote inclusive and progressive purification of religious understanding in Muhammadiyah, as well as ways to facilitate dialog and respectful understanding between progressive and conservative views.This research aims to explore the relevance of the concept of purification among Muhammadiyah and identify the main challenges that arise when the concept is interpreted through progressive and conservative views. By understanding the different views, it is hoped that this research can provide a deeper insight into the concept of purification in the context of Muhammadiyah, as well as its implications in religious practice. The approach chosen in this research is to analyze the thoughts, opinions, and interpretations of scholars and key figures from both views, as well as empirical data from among Muhammadiyah citizens. This research is expected to make a significant contribution in expanding the understanding of religious thought in Muhammadiyah and the relevance of the concept of purification in the context of differences in progressive and conservative views. This research aims to analyze the dialectic of purification understanding among Muhammadiyah, between progressive and conservative views. This research examines the relationship between the normative side of the Qur'an and the understanding side, as well as how Muhammadiyah tries to purify religion from shirk, heresy, and khurafat through rationalization and spiritualization of sharia. Based on the research findings, the study can produce concrete policy recommendations and strategies to promote the purification of inclusive and progressive religious understanding in Muhammadiyah, as well as ways to facilitate dialogue and respectful understanding between progressive and conservative views.

Keywords: Purification, Conservative Progressive.

RENEWAL OF ATTORNEY GENERAL REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN CORRUPTION CASES THAT PRIORITIZE SAVING STATE LOSSES

Gigih Juang Dhita — 2024-04-28

The current handling of corruption cases emphasizes punishing the perpetrators and recovering state financial losses caused by corruption. Since 2010, the Attorney General's Office has issued internal regulations for resolving corruption cases through a restorative justice approach. These internal regulations allow for the resolution of corruption cases in a non-punitive manner that prioritizes the saving of state losses. The problems were addressed:
(1) what is the possibility of resolving corruption cases prioritizing saving state losses through the renewal of Attorney General Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice? (2) What is the influence and obstacle if Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is applied to Corruption Cases? The type of research used in this thesis was normative legal research. The research results show that: (1) Theoretically and juridically, the concept of restorative justice in corruption cases could be implemented to realize one of the objectives of punishment, which provided a deterrent effect and maximized the return/safety of state losses oriented toward the national economy and were in line with the ultimum remidium principle which could streamline the implementation
of the principles of simple, fast and low-cost justice. (2) The factor that influenced and obstructed when Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice was applied to Corruption Cases was that the process of termination of prosecution based on restorative justice in Attorney General Regulation No. 15 of 2020 did not specifically explain the termination of prosecution in
corruption cases.

Keywords: Law Reform, Corruption, Restorative Justice, State Losses

THE ROLE OF THE POLICE AS MEDIATORS IN RESOLVING CRIMINAL CASES OF DOMESTIC PHYSICAL VIOLENCE THROUGH RESTORATIVE JUSTICE IN THE JURISDICTION OF THE BENGKULU CITY RESORT POLICE

Nur Huda Huda — 2024-04-28

Based on the data obtained in the resolution of criminal cases involving domestic physical violence through the restorative justice approach in the jurisdiction of the Bengkulu City Resort Police from 2019 to 2021, it has not been able to function optimally. This condition is because the police, particularly the investigators, await a settlement agreement between the parties involved and the withdrawal of complaints by the complainants. This condition raises the question of how the resolution through a restorative justice-based approach, carried out by the police as mediators, can be the best solution for resolving cases involving the parties through a restorative justice approach. This reason is what motivated the author to conduct this research. The methodology employed is empirical legal research, utilizing primary and secondary data. The data was analyzed qualitatively through a juridical lens, leading to inductive conclusions. Based on the results of this research, the following findings emerge: (1). The concept of restorative justice is employed in handling criminal cases with an emphasis on the integration of perpetrators, victims, and the community as a whole, seeking to find solutions and restore a positive relationship between the perpetrator of the criminal act. (2). The role of the police as mediators has yet to be optimally executed, primarily due to concerns and suspicions from the involved parties regarding potential bias by the police towards one party. Internally, the police have established regulations, such as the Telegram Letter from the Head of the Criminal Investigation Division Number S.T./583/VIII/2012 dated August 8, 2012. (3). Investigator's considerations as mediators in using the restorative justice-based approach to resolvedomestic physical violence within the jurisdiction of the Bengkulu Resort Police include the submission of peace agreements by both the victim and the perpetrator. This consideration is especially relevant in cases of minor physical violence, where the
victim does not wish to prolong the case, and the interests of the victim in domestic violence are accommodated

Keywords : Police Role, Mediator, Restorative Justice, Domestic Violence