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Ferry Anggriawan
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INDONESIA
BHIRAWA LAW JOURNAL
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 102 Documents
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Hambatan dalam Pembangunan Kawasan Perdesaan Agrowisata Wingpapuma Hill’s Pujon Serta Kebijakan Strategis Pemerintahan Daerah dalam Mengatasinya Nahuddin, Yusuf Eko
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14933

Abstract

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.
Upaya Hukum dalam Pencegahan Klaim Tiongkok terhadap Laut Natuna Utara Budiono, Indro; Anggriawan, Ferry; Kusumandaru, Pena
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14937

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) in 1982 is an international legal The United Nations Convention on the Law of the Sea (UNCLOS) in 1982 is an international legal instrument that plays a key role in regulating the rights and obligations of countries related to the global use of the sea. Territorial conflicts in the North Natuna Sea, especially China's claims that are not by UNCLOS, are a serious challenge for Indonesia in upholding its maritime sovereignty. The 2016 South China Sea Arbitration Award, which rejected China's "Nine-Dash Line" claim, provided a strong legal basis for Indonesia to fight the unilateral claim. This study uses normative juridical methods with historical approaches and case studies, analyzing how the 1982 UNCLOS and the 2016 Arbitral Award are applied in the context of the North Natuna Sea. The results show that the 1982 UNCLOS, in particular Article 73, provides a legal basis for Indonesia to take decisive action in defending its EEZ, while the 2016 Arbitral Award strengthens the legitimacy of Indonesia's rejection of China's claimms. Thus, this research contributes to a deeper understanding of international legal strategies that Indonesia can adopt in facing maritime challenges in the North Natuna Sea.
Peran Pemerintah Daerah dalam Penanggulangan Bencana Banjir di Kota Sukabumi Ni Putu Juwanita Dewi; Anggi Nugraha
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

High rainfall intensity can cause flooding, including the flooding that occurred in Sukabumi City. Residents of Sukabumi City suffered significant losses. The local government needs to play a role in flood disaster management in their area. The main objective of this study is to analyze the role of the local government in flood disaster management and to identify supporting and inhibiting factors, along with solutions for flood disaster management in Sukabumi City. This study uses an empirical juridical method, namely a legal research method that utilizes empirical facts obtained from interviews and actual behavior through direct observation. The results of this study indicate that the local government's implementation is not optimal due to obstacles such as limited budget, human resources, and facilities, egocentricity between agencies, and public awareness of flood prevention. This study recommends that the local government increase its budget allocation to increase the necessary human resources and facilities and optimize its outreach program to the community through community forums or disaster-resilient villages on an ongoing basis.
Pertanggungjawaban Pidana Korporasi dalam Kasus Korupsi Dana PEN dan Pengadaan Barang atau Jasa (PBJ) di Situbondo Rindang Gici Oktavianti; Zalfa Dhiaulhaq; Hotimatus Saada
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

This study aims to analyze corporate criminal liability in corruption cases involving the National Economic Recovery (PEN) fund and the procurement of goods/services in Situbondo Regency, as well as to examine the obstacles to its implementation in law enforcement practices in Indonesia. This research employs a normative juridical method using statutory, conceptual, and case approaches. The results indicate that, normatively, corporations have been recognized as subjects of criminal law under the Anti-Corruption Law, and thus can be held liable when criminal acts are committed by their management within the scope of their authority and for the benefit of the corporation. In the context of the Situbondo case, the involvement of private parties in procurement activities demonstrates the potential for corporate criminal liability. However, in practice, law enforcement still tends to focus more on punishing individuals, while corporations as legal entities have not been held fully accountable. This is due to several obstacles, including difficulties in proving the element of corporate fault, the complexity of organizational structures, and the limited capacity of law enforcement officials. In addition, weak internal control and compliance systems within corporations further increase the likelihood of corruption. Therefore, it is necessary to strengthen regulations, enhance the capacity of law enforcement officials, and implement effective corporate compliance systems to ensure that corporate criminal liability can be applied optimally and provide a deterrent effect in combating corruption.
Analisis Komprehensif Permasalahan Keimigrasian pada Pos Lintas Batas Negara (PLBN) di Kalimantan Barat dalam Rangka Optimalisasi Pengawasan, Pelayanan, dan Penegakan Hukum Keimigrasian di Wilayah Perbatasan Aziz Dharmawan Nur Syahputra; Bagas; Delon Agustinus Saragih
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

Border Crossing Posts (PLBN) have a strategic role in maintaining national sovereignty, particularly in immigration aspects. West Kalimantan, as a region directly bordering Malaysia, has several PLBNs that serve as the main gateways for the movement of people and goods between countries. In practice, there are still various problems affecting the effectiveness of immigration functions, including limited human resources, weak supervision of unofficial routes, and uneven infrastructure across PLBN locations. In addition, potential immigration violations such as the use of invalid documents, overstaying, and illegal cross-border activities remain significant challenges that must be addressed. This study aims to analyze immigration issues at PLBNs in West Kalimantan and examine the efforts made to improve supervision, services, and law enforcement. The research method used is a qualitative approach with a literature study based on scientific journals, books, and official reports. The results indicate that it is necessary to enhance inter-agency coordination, strengthen the capacity of officers, and implement digital-based technology to improve the effectiveness of immigration supervision in border areas in a sustainable and integrated manner.
Urgensi Kerjasama Intelejen dan Penindakan Kemigrasian serta Intelejen Keamanan Polri dalam Menghadapi Terorisme dan Tindak Pidana Perdagangan Orang Pramula Mahrus Razzan; Radifan Syarofi Listikoaji; Zacki Ahta Sajjana
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

Terrorism and human trafficking in Indonesia have increasingly developed along with technological advancement, digitalization, and rising cross-border mobility. Both forms of crime are transnational, organized, and exploit gaps in inter-agency coordination, creating serious challenges for national security systems. This condition indicates that countermeasures cannot rely solely on repressive approaches, but also need to be strengthened through preventive, intelligence-based, and integrated strategies. This study aims to analyze the urgency of cooperation between the Directorate of Immigration Intelligence and Enforcement (Inteldakim) and the Police Security Intelligence Agency (Intelkam Polri) in addressing terrorism and human trafficking threats in Indonesia. The research employs a qualitative method with a normative juridical approach through library research of relevant literature, scientific journals, and legal regulations. The findings show that synergy between Inteldakim and Intelkam Polri plays an important role in strengthening early detection systems, improving the effectiveness of information sharing, and supporting faster and more accurate prevention efforts. This study also emphasizes the importance of establishing an integrated digital-based intelligence database system and real-time inter-agency data exchange mechanisms as concrete forms of strengthening national intelligence synergy. In addition, technical regulations governing operational coordination among institutions are needed to ensure a more integrated and effective response to security threats. Therefore, the integration of cooperation between both institutions becomes a strategic necessity in maintaining national security and stability amid evolving global threats.
Perlindungan Korban Kekerasan dalam Rumah Tangga di Kabupaten Timor Tengah Selatan Debora Apriani Nabuasa; Debi F. Ng. Fallo; Rosalind Angel Fanggi
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

This study aims to analyze the legal protection of victims of domestic violence and to identify the obstacles faced in its implementation in Timor Tengah Selatan Regency. This research employs an empirical juridical method with a qualitative descriptive approach, combining primary data obtained through interviews with Head of PPA Unit and Head of UPT DP3A , as well as secondary data derived from legal regulations and literature. The results indicate that, normatively, the protection of domestic violence victims has been regulated under Law Number 23 of 2004; however, its implementation in practice remains suboptimal. The forms of protection include legal, physical, and psychological support provided by the police and the Office of Women’s Empowerment and Child Protection (DP3A). Nevertheless, several internal and external challenges persist, such as limited human resources, lack of inter-agency coordination, inadequate supporting facilities, and low public legal awareness. Additionally, patriarchal cultural factors, social stigma, and victims’ economic dependence on perpetrators contribute to the low reporting rate of domestic violence cases. Therefore, it is necessary to strengthen institutional synergy, enhance the capacity of law enforcement officers, and increase public awareness to improve the effectiveness of victim protection.
Perlindungan Hukum Bagi Konsumen pada Penggunaan Coil Vape yang Tidak Sesuai dengan Standar Kesehatan Edgar Rahmantyo; Wika Yudha Shanty; Ariyanti; Fathor Rahman
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

The development of electronic cigarettes (vapes) in Indonesia has been accompanied by the circulation of supporting components, including vape coils, which are widely sold separately and often without adequate information regarding materials, safety, or legal compliance. This situation creates potential health and economic harms for consumers and raises legal protection issues because specific regulations governing coils remain unclear. This study uses a normative legal method with a statutory and conceptual approach. The findings indicate that consumer protection may be grounded in the right to safety and information, and business liability may be assessed through contractual liability, product liability, and defect-based liability (design, manufacturing, warning/information defects) across the distribution chain.
Tanggung Jawab Hukum Penyelenggara Dompet Digital di Indonesia Neng Linda Oktaria
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

Rapid technological advances have transformed the use of payment instruments from physical to electronic, including in Indonesia. In the context of digital wallets, which provide convenience, efficiency, and the benefits of transacting anywhere and anytime, they pose a number of risks such as transaction failure, loss of balance, and even violations of personal data privacy. The problem studied is the legal responsibility of digital wallet operators along with obstacles to transactions in digital wallets and solutions to these obstacles. This study uses a normative juridical research method by examining data derived from secondary data. Based on the results of the study, it is known that this study examines the legal responsibility of digital wallet operators in Indonesia with a normative juridical approach. The results show that responsibility is semi-strict liability, with obstacles in the form of overlapping regulations, low public literacy, and difficulties in proving transactions. Special adaptive regulations and continuous supervision are recommended.
Perkembangan dan Integrasi Hukum Islam dalam Sistem Hukum Nasional di Indonesia Riski Febria Nurita; Djawahir Hejazziey
Bhirawa Law Journal Vol. 7 No. 1 (2026): Mei 2026
Publisher : University of Merdeka Malang

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Abstract

This research examines the historical development and forms of integration of Islamic law within Indonesia’s national legal system in the framework of a pluralistic rule-of-law state. As a country with a plural legal system, Indonesia has experienced a long and complex dynamic in accommodating Islamic law, ranging from the era of Islamic kingdoms, the colonial period with restrictive legal policies, to the post-independence and reform eras, which have provided broader space for the application of sharia values. This study employs a normative legal research method using statutory, conceptual, historical, and philosophical approaches through library-based research analyzed qualitatively in a descriptive-analytical manner. The findings show that the integration of Islamic law into the national legal system is not merely formal-symbolic, but substantive in nature through the internalization of Islamic values within Pancasila and the Preamble of the 1945 Constitution, particularly the principles of divinity, justice, and humanity. Normatively, this integration is manifested in various legal products, such as family law, religious courts, Islamic economics, Islamic philanthropy, and special regional arrangements such as in Aceh. Furthermore, the development of Islamic law also indicates a transformation trend toward a maqasid al-shariah approach, strengthening Islamic economics, harmonization with international law, and adaptation to technological developments. Thus, Islamic law functions as one of the sources of values and materials in the development of Indonesia’s national legal system, while remaining consistent with the principles of the Pancasila state and legal pluralism.

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