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All Journal Jurnal Cakrawala Hukum Widya Yuridika BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal
Wisnuwardhani, Diah Aju
Faculty Of Law - University Of Merdeka Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : MLJ Merdeka Law Journal

 1 
Implementasi Pasal 65 Ayat 1 Undang-Undang No. 32 Tahun 2009 Terhadap Masyarakat yang Terkena Dampak Pengusahaan Pertambangan Pasir Muhammad Panji Mahardika; Dewi Astutty Mochtar; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4290

Abstract

This study aims to find out how the implementation of article 65 paragraph 1 of Law No.32 of 2009 and the legal protection of people affected by sand removal in Lumajang Regency. Based on the law adjusted to the experience that occurs in the community to better know and understand the law as a set of rules or positive norms that apply. That the Lumajang District community has a legal protection. But unfortunately, this regulation is not used as a reference for the government in managing the resources contained in Lumajang regency in the form of sand mining assets. In general, the existence of mining will result in losses both in the environment and for the people who live around the mining area. In this case the rights of the Lumajang district community have been violated, such as the right to a healthy life, the right to safety and comfort, and the right to prosperity.DOI: https://doi.org/10.26905/mlj.v1i1.4290.
Tanggung Jawab Agen Kredit Sindikasi dalam Hal Debitur Wanprestasi Vivi Sylvia Purborini; Mohammad Gufron; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4288

Abstract

This study aims to determine the position of the agent in a syndicated loan agreement, and the agent's responsibility when the debtorexperiences an achievement. This research is a normative juridical research which is a procedure to find the truth based on scientific logic from the normative side. The approach in this research is legislation and conceptual approach. The results showed that the agent's relationship with the creditors was the power relationship with the power of attorney. If a dispute arises between the agent and the parties in the syndicated loan agreement, the settlement is based on the provision of power of attorney in the syndicated credit document. The responsibility of the agent is divided into two, namely the agent who also participates in the syndication participant, and the agent outside the syndicated loan participant. Agents who are also creditors in syndicated loans, if debtors default, then the agent is responsible. The responsibility of the syndicated loan agent outside the syndicated loan participant is only as a liaison between the creditor and the debtor. The role of agents is limited in accordance with what is written in the agreed agreement document.DOI: https://doi.org/10.26905/mlj.v1i1.4288.
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.
Co-Authors Adi Herlambang Ainun Sabrina Ardiansyah Hamid Cahyani Aisyiah Chandra Supriyanto Dewi Astutty Mochtar Dhaniar Eka Budiastanti Fadilla Dwi Lailawaty Hendra Djaja Imam Koeswahyono Kadek Wiwik Indrayanti Khotbatul Laila Lydia Kurnia Putri Rosari Mohammad Ghufron Az Mohammad Gufron Muhammad Panji Mahardika Nabila Alifa Ch Nahdiya Sabrina Sagi Janitra Selvia Wisuda Sunarjo Sunarjo Vivi Sylvia Purborini