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MLJ Merdeka Law Journal
Published by Universitas Merdeka Malang
ISSN : 27227448     EISSN : 27227456     DOI : http://dx.doi.org/10.26905/mlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welcome to the official website of MLJ Merdeka 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. MLJ Merdeka Law Journal is a scientific publication affiliated with the Law Masters Program in the Merdeka Malang University Graduate Program, which was first published in 2020. The goal of the MLJ Merdeka Law Journal is as a forum for the exchange of ideas, studies, and results of research and scientific development in the field of law from academics and legal practitioners. The scope of the MLJ Merdeka Law Journal article is related to legal issues: constitutional law, administrative law, criminal law, civil law, international law, regulations, comparative law, and jurisprudence. Published articles have gone through a process of review and editing by the editor without changing the substance of the article. Published writing is the personal responsibility of the author and does not reflect the opinion of the publisher. More several other changes in MLJ Merdeka Law Journal are informed in the Journal History.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal" : 7 Documents clear
Konflik Kewenangan Penyidik Polisi Republik Indonesia dan Penyidik Badan Narkotika Nasional Dalam Menangani Tindak Pidana Narkotika Verdy Krishna; Ferry Anggriawan
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11158

Abstract

This article aims to examine the authority of Polri investigators and National Narcotics Agency investigators in handling narcotics crimes and the regulation of the authority of Police Investigators and National Narcotics Agency investigators in handling narcotics crimes in the future. This research is normative, or doctrinal, juridical legal research which is also referred to as library research or document study, because it is mostly carried out on secondary data. The results of the research show that regarding the authority given by Law No. 35 of 2009 concerning Narcotics to investigators in handling narcotics crimes based on Article 75 of Law No. 35 of 2009 concerning Narcotics, it creates a blurring of norms, because it only includes the phrase BNN investigators are authorized so that the authority in article 75 of Law No. 35 of 2009 concerning narcotics, it is as if only BNN investigators own it. Based on article 81 of Law No. 35 of 2009 concerning narcotics, BNN investigators and National Police investigators are given the authority to enforce non-narcotics crime laws. So it is necessary to make judicial changes to article 75 of Law No. 35 of 2009 concerning Narcotics by removing the phrase BNN Investigators become Investigators so that there is no longer any legal ambiguity regarding who has the authority to implement the provisions in article 75 of Law No. 35 of 2009 concerning Narcotics .
Analisis Yuridis mengenai Diversi sebagai Bentuk Penyelesaian Perkara Pidana Anak dalam Pendekatan Restorative Justice Toman Febriandi Sibuea; Setiyono Setiyono
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11160

Abstract

Children who are legal subjects and national assets, as part of the younger generation, children play a strategic role as the next generation of the nation, because this strategic role has been realized by the international community to give birth to a convention which essentially emphasizes the position of children as human beings who must receive protection for their rights. -his rights. The awareness to make criminal justice the last step in dealing with children in conflict with the law is reflected in the conventions agreed upon by countries in the world. But seeing the reality, the resolution of cases committed by children is still the same as adults, namely through the judicial process. The results will stamp the child as a convict who is worried that this situation will have a negative impact that can affect the mental and soul of the child. The formulation of the problem in this study is 1. What is the juridical analysis of Diversion as a form of solving juvenile criminal cases in the Restorative Justice approach? ? 2. Is the Diversion arrangement with the Restorative Justice approach appropriate to be applied in Crimes committed by children in Indonesia? The research method used is Normative Juridical Legal Research.First, The Restorative Justice approach can be seen from the various legal arrangements set forth in both national and international regulations. Second, Restorative Justice arrangements for crimes committed by children according to researchers are appropriate, with the existence of diversion and restorative justice it is hoped that they can provide support for the process of protecting children who are in conflict with the law. This is because the main principle of diversion and restorative justice is to prevent perpetrators of criminal acts from the formal criminal justice system and to provide opportunities for perpetrators to carry out alternative sanctions without imprisonment. Diversion is closely related to the concept of restorative justice, and can be applied if a naughty child is willing to admit his mistake, while at the same time giving the child the opportunity to correct his mistake. Diversion is a good form of intervention in changing the behavior of naughty children, with the involvement of the family, community and police, the child can understand the impact of his actions.
Kebijakan Legislatif Penanganan Perkara Tindak Pidana Perusakan Hutan yang Melampaui Limitasi Waktu Penyidikan Eduward Hutapea; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11134

Abstract

 The background of this study is the inability of investigators to always meet the deadline for examining criminal instances of forest destruction set forth in Article 39 of Law Number 18 of 2013 for the Prevention and Eradication of Forest Destruction. In fact, it is still discovered that investigators cannot finish the investigation until the time limit expires, the investigation is not continued by the Public Prosecutor, and there is a condition that the Public Prosecutor cannot finish the continuation of the investigation, which is crucial to investigate. In order to determine how the legislative policy of investigating cases of forest destruction exceeds the time limit and how to regulate the investigation of cases of forest destruction in the future based on the materials existing law, this research is normative in nature. It is conducted in literature using normative qualitative analysis methods and descriptive content analysis methods.  The study's findings demonstrate that the time limit cannot be applied to all criminal investigations involving forest destruction due to a variety of factors. This, along with the fact that there is a P3H Institution that should have a uniform set of standards and the lack of technical provisions for investigators and public prosecutors, calls for a change in policy. Due to this, the study suggests that the time limit not be formulated in law but rather be regulated in technical provisions, completing technical provisions for investigations and complementing provisions for strengthening investigators due to the failure to realize the establishment of a P3H Institution. 
Implementasi Peraturan Mahkamah Agung Nomor 4 Tahun 2020 dalam Perkara Narkotika Pasca Pandemi (Studi Kasus di Pengadilan Negeri Kepanjen Kabupaten Malang) Asma F; Supriyadi Supriyadi
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11400

Abstract

Supreme Court Regulation No. 4 of 2020 aims to guarantee the right of the accused to obtain prompt legal certainty for the criminal offence alleged to him through trial without undue delay. After the Covid-19 pandemic, how did Perma's execution take place in Kepanjen State Court. The issues in this study include: how the implementation of the Supreme Court Regulation No. 4 of 2020 in the case of post-pandemic narcotic drugs covid-19 and whether the obstacles to the application of the Rules of the High Court No. The method used in this research is empirical jurisprudence, i.e. primary data or data obtained directly from the research site as well as secondary data that comes from legislative regulations and books. The results of the study revealed that the State Court for the Post-Covid-19 pandemic in conducting the trial is still being conducted online due to difficulties in presenting the accused. So the most effective thing to do is an online trial. There are rules on the legality of electronic proceedings through the Supreme Court Regulation No. 4 of 2020 on Administrative and Criminal Proceedings in Electronic Courts.
Remission for Corruptors and the Challenges of Corruption Eradication in Indonesia Herdian Malda Ksastria; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11155

Abstract

Granting of remission for prisoners has been set in the Correctional Act 1995 (UU No. 12 Tahun 1995 Tentang Pemasyarakatan) and granting remission for corruptors has been set specifically in Government Regulation on the second amendment of Government Regulation No. 99 of 2012 on the requirements and procedures on granting the rights of the convicted person. However, this policy will injure the public’s sense of justice. It is because the corruption is harmful for the society and State, eventhough the law justifies on granting of remission for corruptors. From the point of view of human rights, corruption has been recognized as the violation of social and economic rights of the people. Therefore, corruption should no longer be classified as an ordinary crime, but extraordinary crime. The penalty for corruptors commonly tends to be mild from time to time, especially due to the granting of remission. The paper aims to discuss on the policy of granting remission for corruptors based on the philosophical, sociological, historical and juridical views. By using the normative qualitative method, the researcher found this policy has the challenges in corruption eradication in Indonesia because such policy is contrary with the spirit of government in corruption eradication in Indonesia and remission will remove the objective of sentencing.
Analisa Penerapan Restorative Justice pada Perkara Pencurian oleh Anak yang Berhadapan dengan Hukum Adi Herlambang; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11156

Abstract

Restorative justice is implemented in Law Number 11 of 2012 concerning the juvenile justice system which upholds the dignity of the child. The application of restorative justice to criminal acts by minors is a very interesting theory to study and research because in addition to discussing justice, restorative justice is also a balanced justice system because it can provide protection and appreciation as well as the interests of the victim and the perpetrator in conflict. . The formulation of the problem in this study 1. How is the application of Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Luwuk Police, Central Sulawesi? 2. What are the obstacles in implementing Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Police? The research method used is empirical legal research. Children who commit criminal acts of theft are in accordance with the provisions of law number 11 of 2012 concerning the juvenile justice system regarding the implementation of diversion. In the application of restorative justice / diversion efforts are always carried out for every child who becomes a perpetrator of a crime., secondly, the obstacles experienced by the police in implementing the principles of restorative justice at the Banggai Police include: the legal factor itself, law enforcement factors, namely parties those who form or apply the law, the factor of facilities or facilities that support law enforcement, the community factor, namely the environment in which the law applies or is stipulated.
Penegakan Hukum Tindak Pidana Perdagangan Orang terhadap Pekerja Migran Indonesia secara Non Prosedural Risca Gladis Ratnasari; Ariyanti Ariyanti
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11157

Abstract

The shortage of jobs, the low level of the economy of the people and the low competitiveness of Indonesian workers are serious problems that must be resolved by the Government. One attempt to solve the problem was by sending migrant workers abroad. But the policy still needs to be continuously improved and improved so that migrant workers can work well, their fundamental rights are protected, and they can enjoy their full income during their work. Besides, the safety of migrant workers has not been optimally protected. So far, the problem faced by the government is the minimum legal protection, starting with the recruitment process, when working outside, and then returning to the homeland. The objective of the study is to find out about the enforcement of the criminal offence of trafficking in persons against Indonesian Migrant Workers in a non-procedural manner as well as any obstacles encountered in the implementation of such an effort. The method of research used is empirical jurisprudence. The results of this study are the law enforcement conducted by the Indonesian Migrant Workers Protection Agency by postponing operations, company permits, written warnings, temporary suspension of part or all business activities, cancellation of the departure of potential migrant workers, and or return from abroad at their own expense. The long-term endeavour is to strictly monitor Indonesian labour services companies. The obstacles are the weakness of government surveillance, the lack of means and support facilities required by the police, and the long enough time to collect the identities of perpetrators and victims who are outside the city and even across the country to supplement the evidence.

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