cover
Contact Name
Ferry Anggriawan
Contact Email
blj@unmer.ac.id
Phone
+6281333772237
Journal Mail Official
blj@unmer.ac.id
Editorial Address
Jalan Terusan Dieng No. 62-64 Klojen, Pisang Candi, Kec. Sukun, Kota Malang, Jawa Timur 65146
Location
Kota malang,
Jawa timur
INDONESIA
BHIRAWA LAW JOURNAL
ISSN : 27754464     EISSN : 27752070     DOI : https://dx.doi.org/10.26905/blj
Core Subject : Social,
Welcome to the official website of Bhirawa Law Journal. With the spirit of further proliferation of knowledge on the legal in Indonesia to the wider communities, this website provides journal articles for free download. Bhirawa Law Journal is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. Bhirawa Law Journal is formed in 2020 and many manuscripts published until recent days. A Scientific periodical is intended as a means of scientific communication and a means of fostering, developing, and strengthening knowledge in the field of law. Academics, legal practitioners, or anyone interested in the field of law may submit his papers to the editor with the guidelines in writing. Coverage includes, but is not limited to Employment and industrial law, Corporate governance and social responsibility, Intellectual property, Corporate law and finance, Insolvency, Commercial law and consumer protection, Environmental law, Taxation, Competition Law, and Regulatory theory. Researchers in all law fields are encouraged to contribute articles based on recent research
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
Tinjauan Umum Kekuatan Pembuktian Dokumen Elektronik Berupa Akta Autentik Sebagai Alat Bukti Dalam Persidangan Perdata Secara Elektronik (E-litigasi)* Rodiah, Siti Aisyatur; Sunarjo, Sunarjo; Shanty, Wika Yudha
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.35 KB) | DOI: 10.26905/blj.v1i2.5478

Abstract

This research focuses on how the power of proof of electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation) and how legal interpretations to consider electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation). The method used in this research is the normative method. Electronic documents in the form of authentic deeds are valid evidence in civil procedural law if they meet the formal and material requirements stipulated in the provisions of Articles 5 and 6 of the ITE Law, namely if the documents are original, can be accessed, displayed, their integrity is guaranteed, and can be accounted for. However, the value of evidentiary power attached to electronic documents in the form of authentic deeds as evidence does not yet have perfect evidentiary power. Because it still requires specific arrangements with the aim of ensuring legal certainty. Even though it has not been specifically regulated, electronic documentary evidence in the form of authentic deeds is still often used in electronic civil proceedings (e-litigation), in which case the judge cannot reject the case. Therefore, judges can make legal discoveries with interpretation and construction methods by referring to the ITE Law.
Peranan Kepolisian dalam Menindak Pelaku Pemerkosaan terhadap Anak Kandung Maharani Maharani; Enny Ristanti; Nahdiya Shabrina
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (840.388 KB) | DOI: 10.26905/blj.v2i2.6820

Abstract

 The crime of rape is the case that causes the most difficulties in its resolution, both at the stage of investigation, prosecution, and at the stage of making a decision. In this study, the formulation of the problem is "What is the role of the police in taking action against the perpetrators of the crime of rape against biological children in the Malang City Police area?" and "How is the legal protection for victims of the crime of rape against biological children in the Malang City Police area?". The research method used by the author is Juridical Empirical. Based on the results of this study, the police in taking action against the perpetrators of the crime of raping their biological children must wait for a report from the victim or the aggrieved party then the police will take action to arrest and then investigate and investigate at PPA Polres Malang City. Legal protection for victims of rape at the Malang City Police is by not publishing the case. The crime of rape in the Criminal Code is regulated as a crime of decency that includes rehabilitation efforts from institutions and outside the institution, providing safety guarantees for victim witnesses and expert witnesses both physically and mentally.
Status Hukum Dokumen Kependudukan Aliran Kepercayaan setelah Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016 Anom Penatas; Supriyadi Supriyadi; husein Muslimin; Ferry Anggriawan
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (165.03 KB) | DOI: 10.26905/blj.v1i1.5280

Abstract

Believing communities who previously did not get the same legal status in the inclusion of religious column status in population documents such as e-KTPs and family cards are very detrimental, because they do not get equal rights with religious communities whose religion has been recognized in their life in the Unitary State Republic of Indonesia. Believers often face difficulties and discrimination in their daily lives, such as in finding work, marriage, as well asdifficulties in getting a proper funeral because the information on the religion column in the population documents is only marked with a dash (-). The Constitutional Court Decision Number 97 / PUU-XIV / 2016 greatly helps equalize the Community of Beliefs in their life in the Unitary State of the Republic of Indonesia by filling in the column Belief in God Almighty in the Religioncolumn in the population documents for Believers, with a statement of Belief that will equalize The life of a Believer of Beliefs such as getting a decent job, a marriage in accordance with their beliefs, and being able to get a proper burial place. The problem that arises is what is the legal status of population documents after the issuance of the MK decision? Considering that in thePopulation Administration Law, the Government still applies the sign (-) to adherents of belief
Prinsip Tanggung Jawab Pengangkut Pada Pengangkutan Laut Di Indonesia Muhammad Hatta; Dewi Astutty Mochtar; Mohammad Ghufron AZ
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1047.064 KB) | DOI: 10.26905/blj.v2i1.5853

Abstract

The carrier as the operator of transportation plays an important role in smoothing the flow of goods and people from one place to another. The safety of goods must be accounted for both to the delivery of the goods and to the parties concerned / interested. In the operation of transporting goods by sea, there is a possibility that losses will beincurred or it can also be called the risk that will always arise. Risks that arise can occur during the process of shipping, loading or unloading or storage. This study uses a normative juridical approach, which analyzes existing legal materials such as laws and regulations, regulations related to the transportation of goods in the field and international agreements. This research examines how the process of carrying out the transportation of shipping goods by sea and how the principle of the responsibility of the carrier in sea transportation according to Law No. 17 of 2008 on shipping. The results of this study consisted of various stages, namely the stages of preparation, loading, transportation, unloading, and completion. Article 57 point 28 of the Job Creation Law requires every ship to have a ship safety certificate. The responsibility ofthe carrier is regulated in Articles 40 and 41 of the Shipping Law and in Article 477 of the Indonesian Commercial Code.
Child Cyber Grooming Sebagai Bentuk Modus Baru Cyber Space Crimes Anjeli Holivia; Teguh Suratman
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (852.733 KB) | DOI: 10.26905/blj.v2i1.5847

Abstract

The development of technology and communication in the current era of globalization is very fast. Along with this, new innovations in crime were born. Currently, the use of the internet in cyberspace is a necessity in any activity. Not only adults who use internet access but children also know and use the internet. One of them is the use of social media, in order to make it easier to communicate and interact without having to meet face to face. Apart from having a positive impact on its users, social media alsohas a negative impact. One form of crime that is currently happening is Child Cyber Grooming, which is a crime of decency against children through social media. The mode of this crime is that the perpetrators will approach, seduce and commit tricks through social media. This study uses juridical-empirical legal research methods that use legal materials in the form of statutory regulations and legal facts that occur in the field. The result of this research is that the legal measures that can be taken in handling the Child Cyber Grooming case are preventive and repressive measures. Another effort used to overcome this type of crime is the involvement of various elements of society, especially parents, who must be wise in monitoring the use of social media so as not to become trapped in sexual crimes known as Child Cyber Grooming.
Eksekusi Objek Jaminan Fidusia oleh Kreditur (Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Pengujian Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia) Candera, Ardianto; Mochtar, Dewi Astutty; Indrayanti, Kadek Wiwik; AZ, Mohammad Ghufron
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (916.22 KB) | DOI: 10.26905/blj.v2i2.6829

Abstract

 In 2019, the Constitutional Court Decision Number 18 / PUU-XVII / 2019 has been issued which interprets that default cannot be determined unilaterally by creditors. This decision also stipulates that the collateral object cannot be executed directly, even though it has a fiduciary guarantee certificate. The formulation of the problem in writing this thesis is how the executorial power of the fiduciary guarantee object after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and what are the legal consequences for creditors after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The research results from the writing of this thesis are that the executorial power on fiduciary guarantees after the issuance of the Constitutional Court Decision Number 18/2019 remains inherent and as strong as a court decision which has permanent legal force, as long as there is an agreement between the debtor as the fiduciary and the creditor as the fiduciary recipient that There has been a breach of contract, and the debtor submits the object of fiduciary security voluntarily and the creditor as the recipient of the fiduciary can still be executed by the creditor as the fiduciary recipient as long as it has been promised from the beginning regarding the default clause.
Upaya Direktorat Kepolisian Perairan dan Udara (DITPOLAIRUD) Polda Nusa Tenggara Timur dalam Menangani Tindak Pidana Konservasi Sumber Daya Alam Maria Sisilia Maukelen; Setiyono Setiyono; Teguh Suratman; Susianto susianto
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.633 KB) | DOI: 10.26905/blj.v1i2.5484

Abstract

The number of cases of natural resource conservation crimes that continue to occur every year, both those that have been decided, and those that have not received a court ruling in the jurisdiction of East Nusa Tenggara Province, and even those that repeat the same crimes, is very inviting a lot of attention from the community. Based on Article 33 paragraph (3) of the Constitution of the Republic of Indonesia year 1945, which in essence confirms that all kindsof natural resources on the earth indonesia is controlled or managed by the state with the aim of providing the most prosperity for the community. But the fact that occurred is the arrest and trade of hawksbill turtles (Eretmochelys imbrata) that occurred in the waters of West Kupang, East Nusa Tenggara quite seized a lot of attention from both law enforcement and the general public. It is because from 2016 until the end of 2017 there were about 11 turtles (Eretmochelys imbrata) caught by fishermen where 3 hawksbill turtles were caught in theWaters of Tanjung Bunga, East Flores, and 9 other hawksbill turtles were caught in the Waters of West Kupang. From the data above the author conducted a study with empirical juridical method, namely by interviewing the Head of the Directorate of Water and Air Police (Ditpolairud) NTT Police, with the aim to analyze what are the obstacles faced in order to enforce the law against natural conservation crimes and how the next effort?
Rehabilitasi sebagai Upaya Penanganan dan Pemulihan Penyalahguna dan Pecandu Narkotika Teguh Suratman; Wika Yudha Shanty
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (868.871 KB) | DOI: 10.26905/blj.v2i2.6823

Abstract

 Narcotics abuse today has hit a part of the population in all countries, including Indonesia. Abusive behavior has an increasing trend, therefore to combat and overcome it is the responsibility of all elements of society and the nation. Narcotics are substances Kata kunci: Rehabilitasi, Penanganan, Narkotika Bhirawa Law Journal | 254 | Volume 2, Issue 2, November 2021 1. Latar Belakang Dewasa ini penyalahguna dan pecandu narkotika telah menjadi kebiasaaan negatif yang melanda dunia, tidak ada negara manapun yang terbebas dari pengaruh negatif penyalahgunaan narkotika, oleh karena itu, efek negatif narkotika menjadi persoalan dunia, musuh semua umat manusia, sehingga menjadi isu penting yang melanda dunia. Untuk mengatasi persoalan ini, Persirikatan Bangsa Bangsa sebagai lembaga dunia telah mengeluarkan Resolusi No 42/112 tanggal 7 Desember 1987, telah menetapkan bahwa setiap tanggal 26 Juni diperingati sebagai Hari Anti Narkotika Internasiponal (International Day Against Drugs Abuse and Illicit Trafficking), Hal ini sesungguhnya merupakan tonggaksejarah peristiwa penting dunia terkait dengan bahaya penyalahgunaan narkotika. Peringatan ini sebagai peringatan, agar diketahui kemudian diratifikasi oleh seluruh negara anggotan PBB, oleh karena itu semua negara saling bahu membahu untuk mengatasi dampak negatif narkotika. Tidak ada satu negarapun di dunia yang bebas dari pengaruh negatif narkotika, begitu juga Indonesia. Penanganan permasalahan narkotika di Indonesia telah dilakukan secara intensif, masif, integratif dengan cara interdisipliner dan multi disipliner. Berbagai kasus kejahatan narkotika baik skala besar, menengah maupun kecil berhasil diungkap oleh aparat penegak hukum, bersama-sama dengan masyarakat. Para pelaku tindak pidana termasuk penyalahguna dan pecandu narkotika diproses hukum dijatuhi sanksi/hukuman sesuai dengan ketentuan hukum positif yang berlaku (Anang, 2015). Dari perspektif hukum, penyalahguna dan pecandu narkotika dikelompokkan ke dalam dua, yaitu sebagai pelaku dan sebagai korban. Sebagai pelaku sikap batin/mens rea yang melekat pada dirinya adalah jahat/evil mind/quilty mind. Di sisi lain, ada pelaku penyalahguna dan pecandu dikualifikasi sebagai korban karena ketidaktahuan atau pengaruh orang lain yang tidak dapat or drugs, whether natural, synthetic, or semi-synthetic, when they are consumed they cause a decrease in consciousness, hallucinations, and arousal for the wearer. Therefore, its use is regulated in such a way in the legislation. Nevertheless, narcotics abusers and addicts tend to increase, as perpetrators and victims who are most directly affected by physical, spiritual, economic, productivity, social and so on health. Narcotics problems, apart from being dangerous for the individual users, their families, and the community, are also dangerous for the nation and the state so that the Government of Indonesia has a commitment to make efforts to prevent, eradicate narcotics abusers and guides, as well as the illicit trafficking of narcotics in a comprehensive and multidimensional manner with active community involvement. . In the Indonesian legal system, the decriminalization policy has been rolled out, rehabilitation efforts for narcotics abusers and addicts are to restore human dignity that has fallen into the legal abyss so that they can return to normal and be productive again in the activities of social life. Narcotics abusers and addicts who know no age limit, social status/strata, and so on, show how big and wide their negative effect is on society. Today, the quality and quantity of narcotics abusers and addicts are increasingly sophisticated and increasing. Efforts to rehabilitate abusers and addicts are actually the ultimum remidium that are expensive, are expected to be able to return to life in a healthy, normal way and can take part in realizing the ideals of the state and nation
Bentuk Penanggulangan dan Pencegahan terhadap Tindak Pidana Penipuan Lowongan Kerja Online Alifia Risma Marselyna; Indrawati Indrawati; Nahdiya Sabrina
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.842 KB) | DOI: 10.26905/blj.v1i1.5276

Abstract

Currently, there are many crimes that take advantage of the sophistication of internet developments, such as crimes that are committed online or commonly called Cyber Crime. This is based on the argument that Cyber Crime is an activity that uses computers as a medium that is supported by a communication system, whether it’s a Dial Up System, using a telephone line, or a wireless system that uses a special wireless antenna. One form of crime related to the misuse of information technology facilities is a crime or criminal act of online job vacancies as regulated in Article 378 Book II of the Criminal Code (KUHP) and Article 28 paragraph (1) Jo. Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transaction. This study seeks to answer the background of fraud in online job vacancies as well as a form of countermeasures against fraud in online job vacancies. This study uses a normative juridical research method.
Kajian Yuridis mengenai Rahasia Bank untuk Kepentingan Perpajakan Irma Suryani; Mohammad Ghufron AZ; Dewi Astutty Mochtar
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1017.028 KB) | DOI: 10.26905/blj.v2i1.5854

Abstract

Legality for tax officers to know customer data, without having to get approval from Bank Indonesia, enough through the approval of the Minister of Finance is regulated by Law Number 9 of 2017 concerning Access to financial information for tax purposes. This research examines how the regulation regarding customer data information at financial institutions after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Taxation Purposes and how is legal certainty regarding bank secrecy after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Purposes Taxation. This study uses a normative juridical approach. This approach focuses on examining laws and regulations concerning confidential customer data information as well as book material in the form of books and other legal journals related to these issues. The result of this research is that after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for tax purposes, the taxation authorities have full authority and authority in accessing each customer’s data from banks and the principle of bank secrecy related to customer data protectionafter the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Taxation Purposes is still ongoing and applies as long as it is outside of what is stipulated in the law.