BHIRAWA LAW JOURNAL
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
Articles
51 Documents
<![CDATA[Bentuk Penanggulangan dan Pencegahan terhadap Tindak Pidana Penipuan Lowongan Kerja Online ]]>
<![CDATA[Alifia Risma Marselyna]]>;
<![CDATA[Indrawati Indrawati]]>;
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5276
<![CDATA[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.]]>
<![CDATA[Alternatif, Penyelesaian Sengketa Utang Piutang berbasis Aplikasi Online ]]>
<![CDATA[Rahmat Bakhtiar Pratama]]>;
<![CDATA[Hendra Djaja]]>;
<![CDATA[Tri Susilaningsih]]>;
<![CDATA[Moh Fahrial Amrullah]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5277
<![CDATA[Debt receivables are based on an agreement, an agreement on receivables is included in the principal agreement. In the event of a process of debt receivable agreement made by the creditor and debtor. debtor basically based on trust between the creditor and the debtor, but a lot of debt occurs using additional agreements or assessors that govern collateral, accounts receivable debtusing collateral can vary, collateral for movable or immovable objects, tangible movable objects or intangible. The phenomenon that is happening right now is that there are accounts receivable debts where the lenders and debt recipients have never met, these debts use online applications or commonly referred to as online applications and some call it the term fintech which stands for financial technology. This debt continues to use the agreement, and the agreementshould still comply with the rules and regulations which are basically regulated in article 1313 BW, and 1320 BW. Problems occur if one of the parties in the debt agreement is broken or promised to commit an act against the law, disputes that occur in the event of the debt can be resolved by resolving disputes outside the court. Settlement of disputes outside the court can bean alternative to problems that occur in the debt and credit activities using online applications.]]>
<![CDATA[Perspektif Tindak Pidana Kartu Kredit (Carding) terhadap Putusan Pengadilan ]]>
<![CDATA[indah Novitasari]]>;
<![CDATA[Muhari Agus Santoso]]>;
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5279
<![CDATA[Credit card is the one of modern paying tools which has benefit and easy. However, the credit card can make kinds of criminal like fabrication credit card and robbing credit card data. The problem will be explain in this research are What is the judicial review toward District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective, District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective is already appropriate with Information and Electronic Transaction or not. Theresearch use normative law method with literature research. This research use secondary data which is obtained from act analysis that have relation with this research and another law materials consist of book, journal, and another literature. Carding criminal is the one of cybercrime. The way to handle carding criminal can use Criminal Code and Banking Act besides Information and Electronic Transaction Act.]]>
<![CDATA[Status Hukum Dokumen Kependudukan Aliran Kepercayaan setelah Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016 ]]>
<![CDATA[Anom Penatas]]>;
<![CDATA[Supriyadi Supriyadi]]>;
<![CDATA[husein Muslimin]]>;
<![CDATA[Ferry Anggriawan]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5280
<![CDATA[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]]>
<![CDATA[Mekanisme Penyelesaian Sengketa Penyedia Jasa Website Download Film Gratis Bagi Pencipta Film di Indonesia ]]>
<![CDATA[Yonatan Andreas Putera]]>;
<![CDATA[Hendra Djaja]]>;
<![CDATA[I Gusti Ngurah Adyana]]>;
<![CDATA[Ariyanti Ariyanti]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5284
<![CDATA[Copyright infringement can have a negative impact on film makers both materially and morally. Coupled with the development of the internet, copyright infringement is not only realized in the form of pieces of VCD / DVD, but has penetrated into the internet media, namely the emergence of many websites or sites that provide free movie download services. The creators of these films and websites do not have a definite legal relationship. The emergence of these websites is of course very detrimental to the film creator because these websites operate illegally without any relationship agreement or agreement from the film creator and for the personal benefit of the website owner without thinking about the losses experienced by the film creator. But the creator can also report these websites if they feel aggrieved and of course if it is indeed proven to be carrying out illegal activities against the copyrighted films of the creator of the film. If it is proven to have committed an unlawful act, the website owner may be subject to sanctions in the form of prison or other compensation such as compensation for royalties. This research uses normative legal research with the aim of discussing how the dispute resolution mechanism between film creators and film website service providers.]]>
<![CDATA[Tinjauan Umum Kekuatan Pembuktian Dokumen Elektronik Berupa Akta Autentik Sebagai Alat Bukti Dalam Persidangan Perdata Secara Elektronik (E-litigasi)* ]]>
<![CDATA[Rodiah, Siti Aisyatur]]>;
<![CDATA[Sunarjo, Sunarjo]]>;
<![CDATA[Shanty, Wika Yudha]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5478
<![CDATA[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.]]>
<![CDATA[Keabsahan Yuridis Perjanjian Pinjaman Online yang Tidak Terdaftar di Otoritas Jasa Keuangan ]]>
<![CDATA[Triastarina Pratama Putri]]>;
<![CDATA[Dewi Astutty M]]>;
<![CDATA[Sunarjo Sunarjo]]>;
<![CDATA[Fadilla Dwi Lailawati]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5482
<![CDATA[The presence of lending and borrowing services based on information technology or peer to peer lending. The mushrooming of loans, especially illegal or unlicensed online loan applications, makes the risk of conflict even greater. The study, entitled “Juridical Legality of Online Loan Agreements that Are Not Registered at the Financial Services Authority”, has a problem formulation of how the form and validity of the agreement through online loans that are not registered with the OJK and how legal remedies can be taken when the debtor does not fulfill the agreement (default). The purpose of this study is to determine the form and validity of the agreement through online oans that are not registered with the OJK and to determine the legal remedies that can be done when the debtor does not fulfill the agreement (default).This approach uses the statute approachBased on the analysis conducted, it was concluded that the form and validity of the agreement through online loans that are not registered in the OJK is a written agreement, the agreement includes an underhand agreement. The validity of the agreement is valid as long as the parties do not renege on the agreement. Legal remedies that can be done if there is a default is to bring a summons or give a warning letter, if not carried out what was ordered in the summons, the parties who feel aggrieved can file a lawsuit against breach of contract to the court.]]>
<![CDATA[Cyberbullying di Media Sosial ]]>
<![CDATA[Ni Luh Ayu Mondrisa Dwipayana]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5483
<![CDATA[The development of community needs in information technology plays a very important role, both in positive and negative sides. One of the most disturbing and developing cyber crimes today is crimes related to a person’s freedom of privacy, namely cyber bullying. The issues raised were the application of positive laws regarding the crime of cyberbullying as a cybercrime crime and the cause of bullying that occurred on social media. The research method used is the normative research method, due to the absence of norms for regulatingcyber bullying in Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions.. Cyberbullying is a new type of crime when viewed from the media used, namely electronic media, the easier it is to make social media a place to commit cyberbullying crimes from several reasons that are intended to fulfill aggressive attitudes and personal feelings that dominate the perpetrator, then this should be the concern of all law enforcers wherecyberbullying is rampant on social media. Therefore, for the cyberbullying phenomenon, the application of positive law on the crime of cybebullying has been explained based on article 27 paragraph (3) of Law Number 19 of 2016, amendments to Law number 11 of 2008 concerning Electronic Information and Transactions, and has a relationship between articles 310 and 311 of the Criminal Code, and the Constitutional Court Decisions Number 50 / PUU-VI / 2008 concerning complaint offenses referring to the phenomenon of cyberbullying]]>
<![CDATA[Upaya Direktorat Kepolisian Perairan dan Udara (DITPOLAIRUD) Polda Nusa Tenggara Timur dalam Menangani Tindak Pidana Konservasi Sumber Daya Alam ]]>
<![CDATA[Maria Sisilia Maukelen]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Teguh Suratman]]>;
<![CDATA[Susianto susianto]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5484
<![CDATA[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?]]>
<![CDATA[Pembentukan Peraturan Daerah yang Partisipatif ]]>
<![CDATA[Hikam Mambaul]]>;
<![CDATA[Husein Muslimin]]>;
<![CDATA[Riski Febria Nurita]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5486
<![CDATA[Community participation in the formation of participatory local regulations is an important thing in running a democracy, community participation here must be given a forum to accommodate inputs that can later be used as a strong reason for the formation of local regulations. Therefore, the community should be involved in the formation of local regulations in order to produce participatory properties. The research method used by the author is empirical, which is to describe the results of data obtained through interviews. The approach used is a sociological juridical approach that is to identify and conceptualize the law as a real and functional social institution in a real-life system regarding the Establishment of Participatory Regional Regulations. The results of this study were obtained by interviewing members of the DPRD, the malang city government, and the communities directly involved in the establishment of participatory local regulations. Community involvement is a mirror of the principle of openness in the establishment of legislation, although some of the public is still not aware of]]>
