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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92 Documents
<![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[Analisis terhadap Penerimaan Merek yang Digunakan sebagai Objek Jaminan Fidusia ]]>
<![CDATA[Igal Gilang Kurniawan]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>;
<![CDATA[Hendra Djaja]]>;
<![CDATA[Muhammad Fahrial Amrullah]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i2.6826
<![CDATA[In the context of national development amid the progress of the times, intellectual property in the form of brands is considered to have potential as a source of banking funding. Intellectual property in it resides in economic rights and moral rights so that it is believed to have commercial value so that it is very possible to be used as an object of collateral for banks to obtain credit facilities. In banking practice, trademark rights have been accepted as objects of fiduciary guarantees as additional guarantees to obtain credit facilities. Marks are specifically regulated through Law Number 20 of 2016 concerning Marks and Geographical Indications. However, the mark is not mentioned as an object that can be imposed on it using a fiduciary scheme. This study uses a juridical-normative approach. This research focuses on library materials such as laws and regulations and relevant sources. This study examines the basis of brand acceptance as an object of fiduciary guarantee and brand requirements as an object of fiduciary guarantee. The results of this study indicate that the brand is classified as an intangible movable object that has a valuation (economic value) in it that can be used as an object in a legal relationship. A mark can be imposed on it by using a fiduciary scheme if the mark meets the juridical requirements, its economic value can be measured reliably and does not conflict with the socio-cultural]]>
<![CDATA[Cyberbullying di Media Sosial ]]>
<![CDATA[Ni Luh Ayu Mondrisa Dwipayana]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5483
<![CDATA[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]]>
<![CDATA[Penjabaran Peraturan Pemilihan Kepala Daerah pada Pemilihan Kepala Daerah Serentak di Masa Pandemi Covid-19 ]]>
<![CDATA[Muhammad Yusriansyah]]>;
<![CDATA[Riski Febria Nurita]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i2.6844
<![CDATA[The reason for the review, the election strategy regulated in the Government Regulation in Lieu of Law Number Long Term Year 2020 is the examination of the Act with other laws and regulations and how the results of the correlation of these laws are. As a result of this review, the author is of the opinion that, of all the guidelines related to the General Election, there have been changes in the guidelines with the expansion of welfare conventions and election guidelines during the Covid-19 pandemic as well as canceling some of the Principles in the Presidential Regulation on Elections as a mission, during the Covid-19 pandemic the mission only came to some of the gatherings of candidates and party delegates as indicated in Article 88C paragraph (1) of KPU Regulation Number 6 of 2020, and the Regulation on the Implementation of the 2020 Election only mentions the perfection of the election without knowing the current condition of Indonesia which is facing the Covid-19 pandemic]]>
<![CDATA[Perspektif Tindak Pidana Kartu Kredit (Carding) terhadap Putusan Pengadilan ]]>
<![CDATA[indah Novitasari]]>;
<![CDATA[Muhari Agus Santoso]]>;
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 1 (2020): May 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i1.5279
<![CDATA[Credit card is the one of modern paying tools which has benefit and easy. However, the credit card can make kinds of criminal like fabrication credit card and robbing credit card data. The problem will be explain in this research are What is the judicial review toward District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective, District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective is already appropriate with Information and Electronic Transaction or not. Theresearch use normative law method with literature research. This research use secondary data which is obtained from act analysis that have relation with this research and another law materials consist of book, journal, and another literature. Carding criminal is the one of cybercrime. The way to handle carding criminal can use Criminal Code and Banking Act besides Information and Electronic Transaction Act.]]>
<![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[Perlindungan Hukum Rahasia Perusahaan melalui Undang-Undang No. 30 Tahun 2000 tentang Rahasia Dagang ]]>
<![CDATA[Ariyanti Ariyanti]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i2.6843
<![CDATA[ One of the company's assets that have high economic value is trade secrets. The object of a company's trade secrets can be in the form of written or unwritten information that must consistently be kept secret and has economic value in order to be able to be used to compete with other business actors. The company owner's efforts to maintain the confidentiality of his company information are very important, because if the party is negligent, the existence of trade secrets can fall as Intellectual Property. This study examines the advantages and disadvantages of protecting company secrets with a trade secret system as well as what efforts the company must make to safeguard and protect company secrets. The research method uses a normative juridical approach. The focus of this approach is to examine library materials including legislation and other literature relevant to the problem. The results of this study are the superiority of company secrets protected by a trade secret system, including an unlimited period of protection; confidentiality will be maintained because access to information is closed. Meanwhile, the drawback is that company secrets will still receive legal protection with trade secret regulations as long as the confidentiality is well maintained, if the trade secret is known by others, then the information will become public property and will no longer be protected. And to ensure that trade secrets in a company are kept confidential, the company can take physical steps and a written agreement. ]]>
<![CDATA[Keabsahan Yuridis Perjanjian Pinjaman Online yang Tidak Terdaftar di Otoritas Jasa Keuangan ]]>
<![CDATA[Triastarina Pratama Putri]]>;
<![CDATA[Dewi Astutty M]]>;
<![CDATA[Sunarjo Sunarjo]]>;
<![CDATA[Fadilla Dwi Lailawati]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5482
<![CDATA[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.]]>
<![CDATA[Analisis Hukum Asas Langsung, Umum, Bebas, Rahasia, Jujur, Adil dalam Pemilihan Umum Serentak Tahun 2019 ]]>
<![CDATA[Andi Muhammad Safwan]]>;
<![CDATA[Samsul Wahidin]]>;
<![CDATA[Riski Febria Nurita]]>;
<![CDATA[Raditya Feda Rifandhana]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i2.6825
<![CDATA[Based on law number 4 of 1997 article 6 regarding persons with disabilities states that there are 6 rights of persons with disabilities which include equal treatment in development and have a social role as in law number 8 of 2016 article 3 of persons with disabilities that people with disabilities lack of such capabilities have equal rights before the law. The Election Law in Indonesia specifically regulates those with disabilities and disabilities where in order to obtain their rights, the state regulates laws and regulations so that their needs can be fulfilled in participating in elections in Indonesia. Luberjurdil’s foundation is a benchmark for assessing the success of the election regulations used in this study. This research is a normative research so that it only uses bibliographical legal materials, is studied and analyzed to obtain conclusions regarding the election law that regulates voters with disabilities, especially in simultaneous elections which have high difficulties compared to the previous elections. The results of the study will ensure the achievement of Luberjurdil based on the elaboration of existing regulations whether it is properly regulated in the election laws and regulations based on the legal material obtained, which can see the fulfillment of the rights needs of voters with disabilities.]]>
