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[Omnibus Law: Government's Solution To Overcome Hyper Regulation A Review Of State Law ]]>
<![CDATA[Hadi, Abdul]]>;
<![CDATA[Yusdiansyah, Efik]]>;
<![CDATA[Santoso, Bambang]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.12749
<![CDATA[Indonesia is the country with the most regulation (hyper regulation) in the world when compared to several large countries such as the United States, Germany and England. Hyper regulation that occurs in Indonesia will cause regulations in Indonesia to malfunction and become a threat, this is because these regulations will overlap, entangle each other. The Hyper Regulation that is occurring in Indonesia can be overcome, one way is to revise the statutory regulations, however implementing this conventional revision will take a very long time to carry out harmonization and synchronization. The omnibus law method is the government's solution to overcome hyper regulation and create harmonization of regulations. The research method used is a normative juridical research method with descriptive analytical research specifications. The result of this research is the question of whether the omnibus law method can be the main solution in solving the problem of hyper regulation that occurs in Indonesia and really provide benefits or even cause more problems and losses, depending on how wise and mature the policy makers are in reviewing it. various perspectives. Because this omnibus law is very complex because it requires an in-depth study of the many regulations that will be changed, revoked and/or combined.]]>
<![CDATA[Proses Politis Dalam Pembentukan Undang-Undang Perlindungan Pekerja Rumah Tangga di Indonesia ]]>
<![CDATA[Erowati, Maria Yohanista]]>;
<![CDATA[Kuncoro Putri, Grace Joanessa]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.12845
<![CDATA[The advocacy process for the Draft Law on the Protection of Domestic Workers (RUU PPRT) in Indonesia has entered its 20th year, or the end of the fourth term of the five-year legislative period in Indonesia. All the steps and prerequisites set forth in Law Number 13 of 2022 jo Law Number 15 of 2019 jo Law Number 12 of 2011 concerning the Formation of Legislation have been fulfilled, but the process has stalled on the desk of the Chairman of the Indonesian House of Representatives and there has been no progress whatsoever to date. This research employs empirical legal research methods, and the author also conducted in-depth interviews with Domestic Workers who are victims, Domestic Workers' Organizations, Activists, Parliamentary Representatives, and relevant Ministries, as well as those involved in the advocacy process for this bill. The results of this research indicate that the legislative process of the PPRT Bill, which has been ongoing for 20 years and ended with the process being stalled on the Speaker of the House's desk, clearly shows the lack of political will among those in power to achieve social justice for all Indonesian people, especially Domestic Workers, and their indifference towards the common people.]]>
<![CDATA[Analisis Hukum Pengaturan Akses Layanan Aman Untuk Tindakan Aborsi Bagi Korban Kekerasan Seksual Dihubungkan Dengan Perlindungan Kesehatan Reproduksi Perempuan Menurut Peraturan Perundang-Undangan di Indonesia ]]>
<![CDATA[Herman, Vianica]]>;
<![CDATA[Basani, Christin Septina]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.13141
<![CDATA[The issue that arises in the regulation of abortion in Law No. 1 of 2023 on the Criminal Code and Law No. 17 of 2023 on Health is the difference in provisions and the scope of regulations held by these two laws. First, Law No. 1 of 2023 on the Criminal Code regulates criminal offenses and the criminal justice system in general, including in the context of abortion. However, the provisions in the Criminal Code tend to be criminalizing in nature, where abortion is often considered a criminal offense. Problems arise when these two laws have conflicting or inconsistent provisions, such as in determining the permissible gestational age limit for performing an abortion, the definition of qualifying health conditions, and the procedures that must be followed. The research method used in this study is the Normative Juridical research method. This study includes the analysis of legal texts, namely the Health Law No. 17 of 2023 and the Criminal Code Law No. 1 of 2023, as well as the interpretation of these two legal regulations. The result of this research is that the Health Law No. 17 of 2023 expands access to abortion services for victims of sexual violence by providing special exceptions in certain situations, such as pregnancies resulting from reported rape. This law establishes more detailed guidelines regarding abortion procedures and gestational age limits. Nevertheless, implementation challenges such as social stigma and limited access to healthcare services still need to be addressed. Meanwhile, Article 463 of the Criminal Code regulates criminal sanctions for abortions performed without complying with legal provisions. Thus, the Health Law No. 17 of 2023 provides guidelines for safe and legal abortions, while the Criminal Code enforces the law against illegal abortions ]]>
<![CDATA[Analisis Perlindungan Foto Atau Video Influencer Review Untuk Kepentingan Komersial: Studi dari Undang-Undang Hak Cipta ]]>
<![CDATA[Bella, Revallinda Salsa]]>;
<![CDATA[Setianingrum, Reni Budi]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.13417
<![CDATA[ABSTRAK The development of internet technology has transformed conventional life into digital, eliminating distance and time barriers and encouraging electronic transactions. E-commerce is now an essential part of online business activities, encompassing marketing, sales, and payments. Influencers on platforms such as Instagram and TikTok play a significant role in influencing consumers to shop online. However, it is often the case that their product review photos or videos are taken without permission by other parties for promotion, which constitutes copyright infringement. For example, the copyright infringement case by the Shopee account against TikTok influencer @softdescent3d. Law Number 28 Year 2014 on Copyright regulates the legal protection of photographic works for commercial purposes without permission. This research aims to explore the legal protection of influencer photos or videos and the remedies that aggrieved influencers can take. The method used is normative juridical, with approaches including statute and case approaches. The result of this research is that legal protection of influencer photo or video reviews is very important because copyright gives exclusive rights to the creator, including moral rights and economic rights. Influencers have a great influence on purchasing decisions, but unauthorized use of their work infringes copyright and can manipulate consumers. Legal protection is necessary to safeguard the rights of creators and ensure they get the economic benefits they deserve.]]>
<![CDATA[The Threat of Shop Tokopedia in the Practice of Trade Monopoly and Unfair Business Competition Against the Sustainability of MSMEs in Bukittinggi City ]]>
<![CDATA[Aziz, Febrian Al]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.13904
<![CDATA[The purpose of this study is to examine the impact and threat of monopolistic practices and unfair business competition in Shop Tokopedia on the sustainability of MSMEs in Bukittinggi City. Along with the rapid development of the era of globalization and technology, more and more business actors are competing to improve their respective living standards, without regard to healthy business competition. This research uses a qualitative research approach, namely conducting a research process by understanding the phenomenon of business competition that occurs in Shop Tokopedia by creating a comprehensive and complex picture, reporting detailed views obtained from informant sources and based on legal theories, and carried out in a natural setting. The existence of Law Number 5 Year 1999 is a form of government concern to protect and provide justice for business actors in Indonesia. On the other hand, the government also needs to review the Implementation of Law Number 5 Year 1999 in the field has not been able to guarantee and fulfill a sense of justice for the sustainability of MSMEs in order to avoid monopolistic practices and unfair business competition.]]>
<![CDATA[Efektifitas Mediator Dalam Melaksanakan Mediasi Online Pada Perkara Gugatan Perceraian di Pengadilan Agama Bandung ]]>
<![CDATA[Dewi, Ni Putu Juwanita]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.14401
<![CDATA[This research aims to analyze the effectiveness of the mediator's role in divorce cases using online mediation at the Bandung Religious Court, because data from various sources states that Bandung is one of the contributors to the highest divorce rate in West Java. Apart from analyzing the effectiveness of the mediator's role in divorce cases using online mediation, it also analyzes the supporting and inhibiting factors for the effectiveness of the mediator's role in the Bandung Religious Courts. The type of research is sociological juridical research using descriptive qualitative data analysis with research methods taking primary data with in-depth interviews with judge mediators, religious court clerks, in the city of Bandung as well as conducting observations and reviewing related documents, especially regarding the effectiveness of implementing online mediation in the religious courts. The research results found that the role of mediators in dealing with divorce cases using online mediation was not effective enough because there was a strong intention of the parties to remain divorced, the number of mediators was still limited compared to the number of divorce lawsuits registered, and there was a lack of socialization on the procedures for carrying out online mediation. The input regarding the effectiveness of mediators so that they can be effective and optimal in carrying out online mediation, especially for divorce cases at the Bandung Religious Court, namely the addition of mediators and the existence of periodic training or socialization for mediators to carry out online mediation procedures in accordance with PERMA Number 3 of 2022 concerning the Implementation of Online Mediation and the need for periodic socialization regarding the benefits and procedures of mediation, especially mediation online to the community and so that it can be followed up and applied in the religious court.]]>
<![CDATA[Kepastian Hukum Perkawinan bagi Transeksual yang Melakukan Penyesuaian Alat Kelamin ]]>
<![CDATA[Pradayani, Santi]]>;
<![CDATA[Qoyyima, Azrotul]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Ohoiwutun, Y.A. Triana]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.14551
<![CDATA[The dynamics of genital reconstruction create disparities in the rights of transsexual individuals to form families and the legitimacy of marriage in Indonesia for transsexual individuals who lack clarity under the Marriage Law. The methodology employed is normative legal research, analyzing applicable regulations and religious perspectives. The discussion encompasses an explanation of the position of transsexual individuals following gender reassignment surgery, which impacts the legitimacy of marriage for transsexual individuals who have undergone genital reconstruction, in accordance with religious law and the Marriage Law, as well as the legal implications of the marriages conducted. The analysis indicates that the six officially recognized religions in Indonesia tend to reject the legitimacy of transsexual marriages, viewing them as same-sex unions that violate religious norms. The legal implications for transsexual individuals vary: for those without medical indications, marriages are considered same-sex; whereas for those who undergo surgery to affirm their gender, marriages may be deemed valid. The conclusion reveals a dissonance between legal frameworks and social norms, as well as challenges faced by transsexual individuals in accessing equal marriage rights.]]>
<![CDATA[Implementasi Pendaftaran Tanah Secara Elektronik di Kabupaten Malang ]]>
<![CDATA[Budiastanti, Dhaniar Eka]]>;
<![CDATA[Shanty, Wika Yudha]]>;
<![CDATA[Rahayu, Dewi Ayu]]>;
<![CDATA[Laila, Khotbatul]]>;
<![CDATA[Gunawan Putri, Annisa Rizkita]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.14675
<![CDATA[The digitization era in Indonesia has brought about rapid technological advancement, leading to an increase in digital or electronic forms of human activities, particularly in land-related activities. To avoid land disputes, it is essential to ensure legal certainty regarding land rights status. This is achieved through electronic land registration carried out by the National Land Agency (BPN). Article 2 of the Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 outlines the implementation of electronic land registration. This research aims to analyze the implementation of Article 2 of Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 by the National Land Agency (BPN) of Malang Regency and identify the challenges faced by BPN Malang Regency in implementing the regulation. This research employs an empirical legal research method, which examines the effectiveness of law within society. The findings indicate that electronic land registration at the National Land Agency (BPN) of Malang Regency has been gradually progressing, with thirty thousand lands already registered. Challenges encountered include insufficient human resources, a significant portion of the population lacking technological literacy, and concerns regarding cybercrime and electronic certificate forgery.]]>
<![CDATA[Peran Dinas Perhubungan Dalam Mengevaluasi Standar Keselamatan Penumpang Perahu Tambangan Tulungagung ]]>
<![CDATA[Pertiwi, Amara Lintang]]>;
<![CDATA[Satriya, Bambang]]>;
<![CDATA[Ariyanti, Ariyanti]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.14691
<![CDATA[The Department of Transportation is a government agency that has roles, obligations and responsibilities for the management and development of various aspects of the transportation system in an area both at the central and regional levels. The Department of Transportation is required to ensure compliance with applicable transportation safety standards, this is because the Department of Transportation is the main stakeholder in mobility management. Transportation plays a crucial role in moving people and goods from one location to another. Passenger protection is a key focus in the context of transportation security, to ensure the safety and comfort of passengers during travel. Evaluation of applicable security regulations and the role of the government in encouraging passenger protection reform is an important discussion. This study aims to determine the role and obstacles faced by the Tulungagung Regency Transportation Office in evaluating the safety standards of ferry boat passengers who have not obtained an operational permit. The research method used is Yuridical-Empirical, by conducting observations and interviews with the Head of Transportation and Facilities of the Tulungagung Regency Transportation Office. The results of this study found that the Transportation Department provides maximum efforts in providing supervision, protection, and socialization, but there are some unscrupulous service providers who do not comply with the procedures and rules that have been determined.]]>
<![CDATA[Hambatan dalam Pembangunan Kawasan Perdesaan Agrowisata Wingpapuma Hill’s Pujon Serta Kebijakan Strategis Pemerintahan Daerah dalam Mengatasinya ]]>
<![CDATA[Nahuddin, Yusuf Eko]]>
<![CDATA[ Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i2.14933
<![CDATA[This research aims to identify the obstacles in the development of rural areas and the local government's policies in addressing these obstacles. This research method employs an empirical legal research type with a sociological juridical approach. The research findings indicate that the obstacles in rural area development include limitations in human resources, financial assistance, infrastructure, management, marketing, and profit-sharing systems. To address these obstacles, the local government has adopted strategic policies, including strengthening the synergy between district, sub-district, and village administrations, planning financing effectively and precisely, encouraging the role of stakeholders at the sub-district, district, and Ministry of Village and PDTT levels to provide support in rural area development, and encouraging third parties (local investors) to invest in rural area development by offering incentives related to tax obligations on tax objects under the jurisdiction of the local government.]]>
