Jurnal Bina Mulia Hukum
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Minimizing Contempt of Court in Condemnatory Civil Judgment Execution (Case Study of Pekalongan District Court)
Full text linkIntroduction to the Problem: The execution of condemnatory civil judgments in the Pekalongan District Court faces resistance, resulting in stagnation at the implementation level. This problem is underpinned by the actions of the execution respondents, which conceptually align with Contempt of Court. Purpose/Study Objectives: This article aims to analyze actions identified as forms of Contempt of Court during execution in the Pekalongan District Court and efforts to minimize such actions. Novelty: In the Pekalongan District Court, the concept can be conceptually classified as Contempt of Court, an angle that has received little focused attention in Indonesian judicial research. Methodology: By employing normative-empirical research and based on qualitative descriptive analysis, this article concludes that there is interference in the administration of justice in the form of non-compliance with aanmaning (warning) and unlawful physical resistance cumulatively carried out by the execution respondents, which is inherently related to the doctrine of Contempt of Court from a conceptual perspective, and contrary to the Herzien Inlandsch Reglement (HIR). Results/Findings: Minimizing Contempt of Court involving state security elements and proposing the drafting of legislation related to Contempt of Court that accommodates actions, behaviors, attitudes, and/or statements that can undermine the authority, dignity, and honor of the judiciary
Waste Management Efforts in Flood Problems by The Government of Palembang: A Legal Perspective
Full text linkIntroduction to the Problem: Urban flooding in Palembang has emerged as a critical environmental and governance challenge, where inadequate waste management systems exacerbate hydrological risks and intensify disaster vulnerability.Purpose/Study Objectives: This study aims to evaluate the legal effectiveness of waste governance in Palembang by analysing the interaction between regulatory frameworks, institutional enforcement, and community behaviour in addressing flood-related waste issues.Novelty: The novelty of this research lies in integrating a socio-legal perspective that highlights enforcement gaps, institutional weaknesses, and cultural waste disposal practices, thereby positioning environmental law not only as a regulatory instrument but also as a tool for adaptive governance in disaster risk reduction.Methodology: Employing a mixed-methods design, the study combines in-depth interviews with enforcement agencies and community leaders and a structured survey of 475 respondents across five sub-districts, analysed through Miles and Huberman’s interactive model.Results/Findings: The findings reveal a significant gap between legal provisions and practical implementation, stemming from weak inter-agency coordination, limited infrastructure, insufficient enforcement personnel, and entrenched socio-cultural behaviours. While formal regulations exist, their operationalisation remains fragmented, underscoring the need for strengthened institutional capacity, consistent enforcement, and community engagement to reduce waste-related flooding in Palembang and similar urban contexts
Hospital IPO, Between Financialization and the State’s Duty to the Right to Health
Full text linkIntroduction to the Problem: The role of the private sector, particularly hospitals conducting an Initial Public Offering (IPO), raises a dilemma because profit orientation often conflicts with the constitutional mandate requiring the State to provide health services for all citizens.Purpose/Problem Statement: To address the legal issues surrounding hospitals that go public and to formulate a framework ensuring that the business orientation of hospitals continues to guarantee the right to health for the wider community.Novelty: The idea of integrating the ownership of public hospitals by nonprofit institutions as controlling entities and developing a Social Stock Exchange (SSE) in Indonesia as an alternative social financing instrument.Methodology: Normative juridical research with a conceptual approach. The analysis focuses on two main concepts: the State’s responsibility in ensuring the right to health and the legal form of hospitals as business entities.Results/Findings: Hospitals that go public must maintain share ownership by nonprofit legal entities, and Indonesia needs to establish an SSE as a platform for hospitals to obtain additional capital through traded instruments
Land Use Conversion in Indonesian Food Security Policy: Environmental Impacts and Sustainable Food Land Provision Strategies
Full text linkIntroduction to the Problem: The state is obligated to ensure food security and environmental protection. In Indonesia, this is pursued through the food estate program to increase food production. However, land conversion in forest and peatland areas causes environmental degradation and sustainability risks, raising legal issues regarding compliance with environmental and sustainable land management regulations.Purpose/Study Objectives: This study analyzes the environmental impacts of land conversion under the food estate program and identifies legally sustainable strategies for food land provision within Indonesian environmental and agrarian law.Novelty: This research proposes a sustainable legal framework that prioritizes strengthening the protection of Sustainable Food Agricultural Land and Protected Rice Fields, alongside utilizing the Land Bank mechanism as more environmentally responsible alternatives to large-scale land clearing.Methodology: The research employs a normative juridical approach by examining legal doctrines, statutory regulations, and policy documents on land conversion, food security, and environmental protection, complemented by focus group discussions with key informants to clarify practical legal issues.Results/Findings: The study finds that the designation of food estate areas, particularly in forest and peatland ecosystems, has caused significant environmental harm, including ecosystem degradation, biodiversity loss, hydrological disruption, and increased disaster risks that undermine long-term food security goals
Preventing Duplication of Civil Cases: Integrating Res Sub Judice into Indonesian Procedural Law
Full text linkIndonesian civil procedure law does not yet regulate the res sub judice doctrine, which risks leading to duplicate lawsuits and different decisions because the HIR and RBg only contain provisions on relative and absolute competence. To analyze the comparative regulation of sub judice and res sub judice and to offer an ideal concept for their application in Indonesian civil procedure law. It offers a normative framework to fill legal gaps and prevent forum shopping, an issue that has not been studied in depth before. This study conducts normative legal research using a statutory, conceptual, and comparative approach, referencing practices in India, the UK, Canada, and Kenya. The principle of sub judice protects the judiciary from external influence, while the principle of res sub judice ensures efficiency and legal certainty by prohibiting the double examination of the same dispute. Its integration into Indonesian civil procedure law is necessary through the judge's obligation to declare a double lawsuit inadmissible (niet ontvankelijk verklaard) and the plaintiff's obligation to attach a statement confirming the absence of a similar lawsuit to maintain legal certainty and support the principles of fast, simple, and low-cost justice
Digitalization of Halal Certification for Smes: Between Hope and Reality
Full text linkThe current implementation of digital halal certification regulations in Indonesia applies not only to large businesses but also to Micro and Small Enterprises (MSEs), resulting in the Halal Product Assurance Agency (BPJPH) developing web-based certification services. One of the keys to supporting the current economic recovery and achieving better economic growth is strengthening the MSE sector. Therefore, this research aims to evaluate the implementation of halal certification requirements, particularly for MSEs. This is intended to provide legal certainty to MSE actors and formulate appropriate halal certification obligations for MSEs, which are vital engines in the Indonesian national economy. The research results indicate that there are still many challenges facing MSE actors regarding halal certification requirements. MSE actors face challenges due to their minimal and uncertain income, making it difficult for them to obtain halal certification. Additionally, their manual administrative practices and lack of understanding of information technology hinder the online halal certification process. Third, in terms of facilities and documents, MSE actors still have limitations in facilities, equipment, and resources needed to meet halal production requirements. They also lack the necessary legal documents. Fourth, in terms of mindset, many MSE operators believe that halal certification requirements only apply to businesses with significant income, and therefore, they do not perceive it as an urgent necessity. This study offers a novel contribution by analyzing the mandatory halal certification for MSEs from a socio-legal perspective. It highlights digitalization challenges and proposes an inclusive regulatory framework to enhance accessibility and compliance. The proposed solutions include improving digital literacy, simplifying administration, and strengthening collaboration among stakeholders
The Plant Variety Protection Commission's Role in Fostering Breeders'Creativity
Full text linkPlant Variety Protection is an intellectual property with a sui generis regulatory nature. The state grants this right to a variety that meets the requirements, namely new, unique, uniform, stable, and named to increase biological resources that can produce new plant varieties for the sake of increasing the agricultural sector in Indonesia. For this, it is necessary to optimize the Center for Plant Variety Protection and Agricultural Licensing as the manager of plant variety protection to increase the number of applications for plant variety protection rights. Part of the management office that provides input in the management of plant variety protection is the Plant Variety Protection Commission. This commission until now does not have detailed authority regulations in the Plant Variety Protection Law. Through normative legal research methods with analytical descriptive research specifications and qualitative legal data analysis techniques, it is known that plant breeders have the right to obtain plant variety protection rights in a faster and more efficient manner. For this, it is necessary to change the regulations in Law 29 of 2000 concerning the composition and authority of the Plant Variety Protection Commission in Indonesia regarding the results of the examination of the requirements for plant varieties that are granted rights by involving all stakeholders. The consultation procedure in the form of recommendations for changing claims is used to increase efficiency in obtaining plant variety protection rights for plant breeders in Indonesia
Deed of Settlement (Dading) For Muslim Inheritance: The Principle of Ijbari Vs Civil Code
Full text linkIntroduction to the Problem: In practice, the settlement of inheritance disputes among Muslims is often carried out through a Dading Deed before a notary, the substance of which is not always consistent with Islamic inheritance law.Purpose/Study Objectives: This study aims to analyze the conformity of the Dading Deed as a means of inheritance distribution for Muslims from the perspective of both the Civil Code and Islamic inheritance law.Novelty: The uniqueness of this research lies in its comparative approach between the two legal systems.Methodology: Employing a descriptive and normative-empirical method, the study utilizes both primary and secondary data. Primary data were obtained through interviews with Notary X in Bantul Regency, while secondary data were derived from literature, legal instruments, and three Dading Deeds documents analyzed in this study.Results/Findings:The findings indicate that the Dading Deed made by Notary X does not fully comply with applicable regulations, as it contains clauses equating it with a Settlement Agreement ratified by the court (Acte van Vergelijk). Moreover, it overlooks the principles of Ijbari and Ishlah in Islamic inheritance law, since it fails to include a clause confirming that the heirs understand and acknowledge their respective shares according to Islamic provisions
Constitutionality of Approval of The Notary Honorary Council in The Process of Investigation of Criminal Actions: A Constitutional Disobedience
Full text linkArticle 66 paragraph (1) of Law 2/2014, stipulates law enforcers must obtain approval of the Notary Honor Council (MKN) is considered not to reflect the principle of equality before the law and its substance is similar to Article 66 paragraph (1) Law 30/2004 which was annulled MK Decision No. 49/PUU-X/2012, several times a judicial review was filed at the Constitutional Court, but rejected on one of the grounds that this was the embodiment of the Constitutional Court Decision No. 49/PUU-X/2012. This seems to indicate that the Constitutional Court's decision which tests Article 66 paragraph Law 30/2014 is a paradox with the Constitutional Court's Decision No. 49/PUU-X/2012. The legal issues is first, how the legal politics of MKN approval arrangements in the process of examining criminal acts? Second, is the approval of MKN in the criminal investigation process a constitutional disobedience? This type of research is normative legal research with statutory, conceptual, and case approaches. The results of this study, 1) there was a political change in the legal arrangements for MKN approval in the criminal investigation process from requiring an MPD permit, then changing to not requiring a permit from the MPD, and changing again after the issuance of Article 66 Law 2/2014 which was also strengthened by several decisions of the Constitutional Court. 2) There has been disobedience to the decision of the Constitutional Court No. 49/PUU-X/2012 by reviving the authority to approve MKN through Article 66 of Law 2/2014, which makes the process of upholding justice protracted
The Potential for Greenwashing in Greenhouse Gas (GHG) Emission Offset Schemes in Indonesia’s Forestry Sector
Full text linkIntroduction to the Problem: The implementation of GHG emission offset schemes in the forestry sector carries inherent uncertainties due to its highly dynamic nature. These uncertainties may lead to greenwashing, driven by misinformation in data and the complex characteristics of the forestry sector.Purpose/Study Objectives: This study aims to provide insights into carbon trading and to serve as a reference for policymakers in responding to the potential risks of greenwashing in carbon trading through GHG emission offset schemes.Novelty: This research identifies two primary issues contributing to the potential for greenwashing in carbon trading through GHG emission offset schemes in the forestry sector: manipulated claims and double counting.Methodology: This research adopts a normative juridical approach, focusing on the analysis of laws and regulations, particularly those governing carbon trading in the forestry sector through GHG emission offset schemes. Results/Findings: The mechanism for carbon trading through GHG emission offset schemes in Indonesia’s forestry sector is regulated under Minister of Environment and Forestry Regulation Number 7 of 2023 regarding the Procedures for Carbon Trading in the Forestry Sector. The key issues giving rise to greenwashing potential in this context are manipulated claims during the planning and preparation of the Emission Reduction Result Document (DRAM), and double counting of emission reductions