Bengkoelen Justice : Jurnal Ilmu Hukum

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

Ocha Andea Septika, Ferdi, Sri Oktavia — Wed, 04 Feb 2026 00:00:00 +0000

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.

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

Rahma Safitri, Diana Tantri Cahyaningsih, Subekti — Tue, 03 Feb 2026 00:00:00 +0000

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.

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

Ganefi, Nurhani Fithriah, Arjun Nanda Dagusto — Tue, 03 Feb 2026 00:00:00 +0000

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.

Implementation Of Restorative Justice Based On Local Wisdom: Legal And Cultural Perspectives In Indonesia

Palupi Rantau, Ajeng Aditya Listyani — Thu, 01 Jan 2026 00:00:00 +0000

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.