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BHIRAWA LAW JOURNAL

blj
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Published by Universitas Merdeka Malang

ISSN : 27754464 EISSN : 27752070 DOI : https://dx.doi.org/10.26905/blj

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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 6 Documents

Search results for , issue "Vol 1, No 2 (2020): November 2020" : 6 Documents clear

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

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.

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

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?

Cyberbullying di Media Sosial Ni Luh Ayu Mondrisa Dwipayana; Setiyono Setiyono; Hatarto Pakpahan
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

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

Keabsahan Yuridis Perjanjian Pinjaman Online yang Tidak Terdaftar di Otoritas Jasa Keuangan Triastarina Pratama Putri; Dewi Astutty M; Sunarjo Sunarjo; Fadilla Dwi Lailawati
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

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.

Pembentukan Peraturan Daerah yang Partisipatif Hikam Mambaul; Husein Muslimin; Riski Febria Nurita
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

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

Perlindungan Hukum Konsumen dalam Transaksi Electronic Commerce melalui Bukalapak Chandra Supriyanto; Hendra Djaja; Diah aju wisnuwardhani; Khotbatul Laila
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

E-commerce transactions in this era become one of the business models that are in great demand by the people of Indonesia. The development and progress of information technology is so fast that it causes changes in the activities of human life in various fields which have directly affected the birth of new forms of legal action. Internet support makes online business more attractive to many people, because of the convenience offered. Marketplace or online trading sites become a new choice that offers convenience and security in e-commerce transactions. One marketplace that offers convenience and security in e-commerce transactions is Bukalapak. There is no comprehensive legal protection in accordance with the Rules for the Use of Bukalapak. Consumers are still the weakest party if a problem occurs because the model built contains a standard clause in it. Therefore, the protection of consumers in online buying and selling transactions needs to be considered

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Home Page

OAI Link

Editorial Team

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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