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
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<![CDATA[Prinsip Tanggung Jawab Pengangkut Pada Pengangkutan Laut Di Indonesia ]]>
<![CDATA[Muhammad Hatta]]>;
<![CDATA[Dewi Astutty Mochtar]]>;
<![CDATA[Mohammad Ghufron AZ]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5853
<![CDATA[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.]]>
<![CDATA[Child Cyber Grooming Sebagai Bentuk Modus Baru Cyber Space Crimes ]]>
<![CDATA[Anjeli Holivia]]>;
<![CDATA[Teguh Suratman]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5847
<![CDATA[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.]]>
<![CDATA[Kajian Yuridis mengenai Rahasia Bank untuk Kepentingan Perpajakan ]]>
<![CDATA[Irma Suryani]]>;
<![CDATA[Mohammad Ghufron AZ]]>;
<![CDATA[Dewi Astutty Mochtar]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5854
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum terhadap Anak sebagai Korban Tindak Kekerasan Seksual di Indonesia ]]>
<![CDATA[Denta Rahma Suprapto]]>;
<![CDATA[Enny Ristanti]]>;
<![CDATA[Muhari Agus Santoso]]>;
<![CDATA[Raditya Feda Rifandhana]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5849
<![CDATA[Children are the future generation, so that a good and bad nation is reflected in the behavior of children at this time. The current reality is that criminal acts against children are very frequent, especially criminal acts that cause children to experience profound psychological disorders and affect the child's development. This study examines how legal protection is provided to children as victims of sexual violence that is rife against children, and to find out what obstacles are faced in providing legal protection to child victims from acts of sexual violence. This study uses a sociological juridical approach, namely primary data collection or data collection through interviewing informants and secondary data collection or through literature study. The results of this study were that there were still many acts of sexual violence committed against children, most of these acts were committed by close people or from their own families. Children who are victims of sexual violence must receive special protection that can support the psychological recovery of the child. Apart from that, the lack of legal protection forchild victaims of sexual violence is the lack of awareness on the part of their parents or their immediate family to report these acts to the authorities.]]>
<![CDATA[Pengaturan Hukuman Kebiri Kimia dan Pemasangan Alat Pendeteksi Elektronik dalam Perspektif Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 ]]>
<![CDATA[Talita Costanza]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5855
<![CDATA[Punishments for chemical castration and the installation of electronic detectors are additional penalties that can be imposed for perpetrators of sexual violence against children. This additional penalty complements the weighting of the basic sentence (death penalty, life imprisonment, or imprisonment of at least 10 years and a maximum of 12 years) for perpetrators of sexual violence against children with more than one child victim. This research examines the regulation of chemical castration punishment and the installation of electronic detection devices in the perspective of the 1945 Constitution and from the perspective of criminal law in Indonesia. This study uses a normativejuridical approach. This approach focuses on examining laws and regulations which is carried out by examining all laws and regulations related to the legal issue that is being handled. The results of this study are chemical castration punishment and the installation of electronic detection devices for perpetrators of sexual violence against children, contrary to the values in the 1945 Constitution which uphold the dignity of all Indonesian citizens apart from the very negative impact, namely dangerous diseases that will appear in the body of the perpetrator as a result of the sentence. In addition, this punishment is not in line with the objectives of criminal law in Indonesia, because the sexual arousal possessed by perpetrators of sexual violence against children willstill exist because the effects of chemical castration (injection of anti-androgen fluid) are not permanent and thus ineffective in its application.]]>
<![CDATA[Tanggungjawab Yuridis PT. Tokopedia atas Kebocoran Data Pribadi dan Privasi Konsumen dalam Transaksi Online ]]>
<![CDATA[Alfrida Sylfia]]>;
<![CDATA[i Gusti Ngurah Adyana]]>;
<![CDATA[Mohammad Fahrial Amrullah]]>;
<![CDATA[Hendra Djaja]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5850
<![CDATA[The development of information technology which is increasingly advanced and developing rapidly has caused everyone to easily carry out various online transactions using electronic media without any limitations in space and time. With this progress, it creates new problems in electronic systems that cause leakage of personal data andconsumer privacy. Such as experienced by business company, PT. Toko Pedia. This approach focuses on examining literature materials such as statutory regulations and other relevant sources. This study examines how the legal relationship between consumers and PT. Toko Pedia as well as how the responsibilities of PT. Toko Pedia if there is a leak of personal data and consumer privacy. This study uses a normativejuridical approach. The results of this study are to provide an understanding of perotecting personal data and consumer privacy, the efforts if there is a leak of personal data and consumer privacy, the penalty and responsibilities that business company accept of leaking the consumer privacy and personal data.]]>
<![CDATA[Tinjauan Yuridis Kompilasi Hukum Islam tentang Hak Warisan Anak Hasil Hubungan di Luar Nikah antara Tenaga Kerja Wanita dengan Majikannya ]]>
<![CDATA[Rahmat Vijay Bengal]]>;
<![CDATA[Kasuwi Saiban]]>;
<![CDATA[Wika Yudha Shanty]]>;
<![CDATA[Fadilla Lailawaty]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5851
<![CDATA[The large number of Indonesian workers who work abroad is one of the largest foreign exchange contributors in the country, but in practice, many problems arise for Indonesian workers who work abroad, one of which is the rape of female workers by their employers to cause children. from the results of the extramarital relationship. This study uses a normative juridical approach. This approach focuses on examining literature materials such as legislation and other relevant sources. This research examines how the compilation of Islamic law reviews the status and inheritance rights of children resulting from extramarital relations between female workers and theiremployers. The results of this study are children from the results of extramarital relations between female workers and their employers only have a family relationship with their mother and their mother’s family and do not have a family relationship with their biological father and the family of their biological father.]]>
<![CDATA[Perlindungan Hukum Hak Tradisional Masyarakat Hukum Adat terhadap Tindakan Individualisasi Tanah Ulayat untuk Tujuan Komersial ]]>
<![CDATA[Stivani Marantika Poro]]>;
<![CDATA[Ali Imron]]>;
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5857
<![CDATA[The 1945 Constitution of the Republic of Indonesia has a very large role as the foundation of all existing laws and regulations in Indonesia. Including regarding the respect and recognition of customary law community units whose traditional rights as long as their existence still exist. In this paper, one of the examples taken by the authoris the indigenous people in the eastern part of East Nusa Tenggara Province, namely the indigenous people of Pubabu. The existence of the Pubabu indigenous people is very critical because the recognition they get is very weak. This causes their customary rights to be in a complicated position when it comes to dealing with the state’s right tocontrol. The local government seems to interfere with the rights of indigenous peoples because it is in the interests of the state. This certainly should not be done. Therefore, so that customary rights are not disturbed, let alone eliminating the right to control the state, it is necessary to have restrictions as well as strong legal protection from both the Central Government and the Regional Government, this is aimed at achieving the welfare of the customary law community and protection of the people. human rights, policies related to indigenous peoples must also be aspirational.]]>
<![CDATA[Kedudukan Uang Panaik sebagai Syarat Perkawinan dalam Adat Suku Bugis menurut Hukum Islam ]]>
<![CDATA[Nadia Ananda Putri]]>;
<![CDATA[Kasuwi Saiban]]>;
<![CDATA[Sunarjo Sunarjo]]>;
<![CDATA[Khotbatul Laila]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5852
<![CDATA[Bugis people, south Sulawesi, who are predominantly Muslim before carrying out marriage has a tradition of customs namely Money panaik. Panaik money is the giving of some money from the candidates the bridegroom to the bride’s party as a form of respect and as shopping money, customs traditions in the community,This Bugis tribe is mandatory or as a pre-condition of marriage which if no panaik money means no marriage, panaik money is determine based on the social status of the bride’s family, the level of education woman, up to the physical condition, the higher the status of a woman then the higher the nominal panaik money is determined. In law islam there areno provisions governing panaik money and only oblige the giving of dowry from the male candidate to the female candidate, not there is a provision regarding the size of the dowry but it is recommended that women who well is a woman who does not burden the bridegroom with excessive dowry. This study examines regarding the position of panaik money as a condition of marriage in tribal customs according to Islamiclaw and how the consequences of the marriage law are not qualified panaik money in bugis tribal customs according to Islamic law. This study uses a normative juridical approach. This approach focuses on researching library materials such as relevant laws and other sources. The results of this study are the position of money which is not regulated in Islamic Law, but the law is permissible because it is a form of gift and as long as it is not burdensome to the party giving, but if the demand for panaik money is too high and the prospective groom cannot fulfill it, it causes the marriage to be canceled and eloping, then Islam prohibits something that is superfluous, and the higher the amount of panaik money that can be deliberated as much as possible by theprospective bride and groom.]]>
<![CDATA[Pertanggungjawaban Pidana atas Tindak Pidana Pelecehan Verbal melalui Media Sosial ]]>
<![CDATA[Aena Linda Mustika]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Muhari Santoso]]>;
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5856
<![CDATA[Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.]]>
