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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"Vol 4, No 2 (2023): November 2023"
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<![CDATA[Legal Politics Of Higher Education Creative Media To Support The Creative Industry In The Era Of The Industrial Revolution 5.0 ]]>
<![CDATA[H, RR. Ella Evrita]]>;
<![CDATA[Rahayu, Mella Ismelina Farma]]>;
<![CDATA[Asrun, Andi Muhammad]]>;
<![CDATA[Lubis, Efridani]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.10686
<![CDATA[This article discusses that the current legal politics have regulated higher education and creative industries but have not accommodated all the needs for their implementation, especially now when the industrial revolution 5.0 will occur. Through the right legal political policies, creative media higher education can be the key in supporting the development of the creative industry in the era of the Industrial Revolution 5.0, to create a favorable and innovative environment for creative industry players. The type or type of research chosen, namely normative juridical. The point of view of this research will be focused on "The ideal conception of law both in terms of norms, institutions and legal culture. The limitations used by researchers are: Legal adjustment of Creative Media Higher Education to support the creative industry in the era of the industrial revolution 5.0. The originality of this research is how to create an ideal Legal Conception for Creative Media higher education that will support the development of the Creative Industries in the face of the current 5.0 revolution.]]>
<![CDATA[Pelindungan Hukum Indikasi Geografis Tanaman Kemenyan Bunga di Kabupaten Pakpak Bharat ]]>
<![CDATA[Sitohang, Agung Torang]]>;
<![CDATA[Gultom, Latifah Hanum]]>;
<![CDATA[Fitria Sinaga, Rahma Dhani]]>;
<![CDATA[Trisna, Wulan Ayu]]>;
<![CDATA[Siahaan, Parlaungan Gabriel]]>;
<![CDATA[Beru Perangin angin, Reh Bungana]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11379
<![CDATA[Geographical Indications are an important component of Intellectual Property Rights which relate to regional naming and the origin of products. The wealth of products originating from Geographical Indications has great potential for society and the country if managed well. The aim of this research is to analyze the legal protection of frankincense plants for geographical indications in Pakpak Bharat Regency. The main problem in this research is how to legally protect the geographical indications of frankincense plants in Pak-Pak Bharat Regency. The research method used is qualitative descriptive research with data collection through observation, interviews and literature study. The results of this research indicate that to obtain legal protection as a Geographical Indication for Pakpak Bharat Regency, flower incense must first be registered with the Directorate General of Intellectual Property Rights by fulfilling the requirements stated in the Geographical Indication requirements book. The positive impact of this legal protection is that the Pakpak Bharat community can obtain a Geographical Indication certificate and have collective rights to Pakpak Bharat flower incense, which allows them to use the Geographical Indication name exclusively.]]>
<![CDATA[Penegakan Hukum bagi Pelaku dan Perlindungan Hukum bagi Korban Terkait Sekstorsi dalam Tindak Pidana Korupsi berdasarkan Peraturan Perundang-undangan di Indonesia ]]>
<![CDATA[Gan, Vannessa]]>;
<![CDATA[Sewu, Pan Lindawaty Suherman]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11127
<![CDATA[In Indonesia, cases of sextortion often occur. Sextortion is the abuse of power to obtain personal gain in the form of sexual activity by coercing the victim so that the victim will experience negative impacts on health or mental health and the victim is also threatened not to report this to the authorities. Both the Sexual Violence Crime Law (hereinafter referred to as the "TPKS Law") sextortion and the Corruption Crime Law (hereinafter referred to as the "Tipikor Law") specific provisions governing sextortion still do not clearly regulate this sextortion. In the Corruption Law there are regulations regarding gratification, but this is different from sextortion. The method used is the normative juridical method, library legal research is carried out by looking at secondary data or library materials, and examining theories and cases originating from secondary legal sources. Victims of sextortion crimes need to be protected in order to fulfill victims' rights and the TPKS Law explains the protection of victims of sextortion or other sexual harassment. Victims of acts of sexual harassment have the right to receive compensation (hereinafter referred to as "Restitution") and have the right to fulfill the victim's rights, which are the state's obligation to fulfill based on the victim's condition. The rules regarding the crime of sextortion must be immediately regulated in the Corruption Law, this is so that it does not have a worse impact on society and the state.]]>
<![CDATA[Analisis Yuridis Hukuman Mati pada Pelaku Tindak Pidana Pembunuhan Berencana ]]>
<![CDATA[Nahak, Artha Ulina]]>;
<![CDATA[Laila, Khotbatul]]>;
<![CDATA[Pakpahan, Hatarto]]>;
<![CDATA[Sabrina, Nahdiya]]>;
<![CDATA[Lailawati, Fadilla Dwi]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11490
<![CDATA[Premeditated murder is a criminal offense regulated in Article 340 of the Criminal Code whose criminal sanctions are much more severe than other criminal acts because someone who commits the crime of premeditated murder can be sentenced to the most severe crime, namely the death penalty. This research aims to determine the judge's considerations in imposing a crime on the crime of premeditated murder as well as the juridical analysis of the decision. In this research the author uses a normative juridical research method where what is studied is a court decision that already has permanent legal force. In related research the author used techniques for collecting primary, secondary and tertiary materials which include laws, copies of the Lamongan District Court decision Number 160/Pid.B/2020/PN.Lmg, literacy materials such as books, journals, the internet and also a thesis related to the death penalty and premeditated murder. From the research conducted, the author obtained the results of the panel of judges' considerations in handing down the death penalty to the perpetrator of the crime of premeditated murder without paying attention to the elements of the criminal's influence on the perpetrator's future, as well as elements of planning that were not genuinely proven. The death penalty imposed on perpetrators of the crime of premeditated murder is basically contrary to human rights and sociologically, many death sentences have not been executed since 2016 because of the memoratorium issued by the Indonesian government.]]>
<![CDATA[Implementasi Unsur Alasan Pemaaf dan Pembenar dalam Kekerasan di Lingkungan Pendidikan ]]>
<![CDATA[Bastyan, Almira Carissa]]>;
<![CDATA[Tjoneng, Arman]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11209
<![CDATA[In Indonesia today, violence against students in the educational environment is considered a dishonorable act, this is because with the birth of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it was formed with the aim of protecting the rights of children wherever they are, including in the school environment. But in reality there are still violations of children's rights, especially in the school environment. The writing in this study uses normative juridical research methods that focus on principles, rules, applicable legal regulations that aim to find out how violence forms and how to solve the problems caused. The results showed that violence against children in the school environment is a form of non-optimal application of the Child Protection Law, and effective steps to resolve it can be done through legal channels (litigation) and non-legal channels (non-litigation) by looking at how severe the form and level that causes the impact of violence and others]]>
<![CDATA[Keabsahan Penempatan Anggota TNI Aktif dalam Menduduki Jabatan Sipil ]]>
<![CDATA[Gratsia, Melani Ema]]>;
<![CDATA[Supriyadi, Supriyadi]]>;
<![CDATA[Nurita, Risky Febria]]>;
<![CDATA[Amrullah, Moh. Fahrial]]>;
<![CDATA[Rifandana, Raditya Feda]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11494
<![CDATA[This research is about the validity of the placement of active TNI members in civilian positions. Based on Article 47 of Law Number 34 of 2004 concerning the Indonesian National Army. There are concerns about the return of the dual function that the Indonesian people have long abandoned, which could harm the spirit of reform, democracy and affect the professionalism of the TNI in being a tool for national defense. The case approach for this research is the appointment of General Andi Chandra Assadudin (Active TNI Officer) as Acting Regent of West Seram, Maluku. Based on SK. Minister of Home Affairs Number 131.81-1164. The aim of this research is to determine and analyze the validity and exceptions to the provisions that provide gaps in the placement of Active TNI members in civilian positions. This research uses a type of normative legal research. The method used is a juridical-normative problem approach with a statutory approach (Statute Approach) and a case approach (Case Approach). Then the legal materials for this thesis research are through literature review obtained from primary legal materials in the form of statutory regulations, secondary legal materials in the form of legal books, legal journals, articles, papers, theses, theses and tertiary legal materials in the form of encyclopedias and library materials. which supports research.]]>
<![CDATA[Perbandingan Hukum Terkait Peraturan Pengelolaan Sampah di Indonesia dan Korea Selatan ]]>
<![CDATA[Agustianto, Agustianto]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Siregar, Abigael Hosanna]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11297
<![CDATA[The writing of this scientific work was written because of the increasing environmental damage due to waste disposal carried out by individuals and groups without paying attention to the consequences for the environment, to raise awareness to the public about the obligation to dispose of waste in its place and be responsible for it by not littering, this research uses normative legal research methods the author takes studies from previous authors, as well as literacy literature and laws. The new thing found in this research is that South Korea as a country is more assertive in addressing the disposal and processing of waste in its country by making special regulations where it is mandatory to sort and dispose of waste in plastic that is specific to the type of waste disposed of. The regulation of waste disposal and processing in Indonesia is still not well implemented by the community with the lack of strict action against violators increasing, considering that Indonesia is still a developing country and South Korea is a developed country which is one of the distinguishing factors in this case, it is good that Indonesia can start imitating and slowly moving in order to reduce environmental damage that occurs due to disposal of garbage that is not in its place.]]>
<![CDATA[Batasan Kewenangan Otoritas Jasa Keuangan terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi ]]>
<![CDATA[Wisuda, Selvia]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11563
<![CDATA[The Financial Services Authority is an independent institution and free from interference from other parties which has the functions, duties and authority of regulation, supervision and protection. One of the institutions that is also supervised by the Financial Services Authority is a Cooperative which is part of a Microfinance Institution which is a legal entity. One of the objectives of the Financial Services Authority's supervision is to protect customers from various problems with financial institutions. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the Financial Services Authority. By reviewing and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the Financial Services Authority. Consumer protection that can be carried out by the Financial Services Authority is through complaint, investigation, reporting and prosecution mechanisms. The principles of Microfinance Institutions include justice, togetherness, independence, convenience, openness, equity, sustainability, and effectiveness and effectiveness. The role of the Financial Services Authority in terms of customer protection is in the form of consumer complaint services which include preparing adequate equipment, creating a consumer complaint mechanism, and facilitating complaint resolution.]]>
<![CDATA[Sanksi Adat dalam Perceraian Suku Dayak Ngaju Kalimantan Tengah ]]>
<![CDATA[Christine, Winne]]>;
<![CDATA[Santhy, Wika Yudha]]>;
<![CDATA[Ariyanti, Ariyanti]]>;
<![CDATA[Anggriawan, Ferry]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11373
<![CDATA[In this thesis the author carries the theme “Implementation of Customary Sanctions in Divorce of the Dayak Ngaju Tribe Central Kalimantan (Study in Parenggean District, Central Kalimantan)”, The application of customary sanctions in the form of singers (customary fines) is a hereditary tradition owned by the Dayak Ngaju people in the event of a divorce, which is cultivated and preserved in the Dayak Ngaju traditional marriage process. In this case the marriage agreement is held to regulate and determine matters that are considered as a future problem in married life. In practice, the party who made a mistake will pay the customary fine in the presence of the Damang Head of Customs. Obstacles in the application of customary sanctions in the divorce of the Dayak Ngaju Tribe are when the party who is guilty of having to pay the penalty does not have enough money to pay it so the other party has to wait and make several reprimands to that party, the problem of imposing customary sanctions is also constrained when each each party does not have an agreement to determine who should pay the fine because both parties feel innocent even though it has been decided by the authorities (Damang Kepala Adat). Furthermore, what becomes an obstacle in the application of customary sanctions is when the divorcing party does not want to be responsible for paying the singer (customary fine) that has been stated in the customary marriage agreement.]]>
<![CDATA[Peran Polres Malang Kota dalam Menanggulangi Pengeroyokan Perguruan Pencak Silat Persaudaraan Setia Hati Terate terhadap Warga Kecamatan Sukun ]]>
<![CDATA[Ristanti, Enny]]>;
<![CDATA[Alfayed, Teddy Pradana]]>;
<![CDATA[Siahaan, Sita Agustina]]>
<![CDATA[ Bhirawa Law Journal Vol 4, No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v4i2.11374
<![CDATA[The police's duty is to maintain the stability of community security as the first line of defense in handling conflicts that occur in the surrounding environment. The case that occurred in Malang City was the assault by a silat martial arts school (Persaudaraan Setia Hati Terate) on residents of Sukun district, which often harmed the community, resulting in victims and material losses. Based on this, the author will analyze the triggering factors of the assault and how the efforts of the police to handle the assault to prevent the conflict from spreading, as well as the obstacles faced by the police in handling the assault and law enforcement for violent criminal acts. The research method used is empirical, employing juridical and sociological approaches. Data collection is based on interviews with the Malang City Police Force, namely the Criminal Investigation Body (Badan Reserse Kriminal or Bareskrim), and documentation. The interview results show that the efforts made by the Police in handling this assault involve preventive, repressive, and preemptive measures. The Bareskrim of Malang City, when an assault occurs, takes a repressive stance by arresting the perpetrators to deter them and prevent members of the silat martial arts school, especially Persaudaraan Setia Hati Terate, from engaging in harmful activities.]]>
