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BHIRAWA LAW JOURNAL

blj
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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 92 Documents

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Perlindungan Hukum terhadap Perkawinan Warga Negara Kelompok Penghayat Kepercayaan dengan Agama Tertentu di Indonesia Djessyka Dameria; Kadek Wiwik Indrayanti; I Gusti Ngurah Adnyana; Fadilla Dwi Lailawaty
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

The validity of marriage is the most important thing in the occurrence of marriage, where the validity of marriage is regulated in Article 2 of the Law of the Republic of Indonesia Number 19 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage, there is no explicit regulation (legal vacuum) regarding marriage. that occurs between citizens of certain beliefs and religions in Indonesia so that the validity of the marriage cannot be registered, therefore legal protection is needed for couples who carry out marriages between adherents of beliefs and certain religions in Indonesia to obtain the same rights as citizens

Tinjauan Yuridis Kompilasi Hukum Islam tentang Hak Warisan Anak Hasil Hubungan di Luar Nikah antara Tenaga Kerja Wanita dengan Majikannya Rahmat Vijay Bengal; Kasuwi Saiban; Wika Yudha Shanty; Fadilla Lailawaty
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

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.

Tinjauan Yuridis terhadap Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Sebagaimana diubah dengan Undang-Undang Nomor 16 Tahun 2019 dan Norma Agama Kristen Protestan William Ricky Ananta; Khotbatul Laila
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

The divorce rate in Indonesia is getting higher. come from all classes of Indonesian citizens, both high and low social status, and from different religious backgrounds. In Law Number 1 of 1974 concerning Marriage, the aim is to complicate Divorce, but it also regulates divorce. Teachings on the norms of Protestant Christianity also prohibit Divorce which is an act that is hated by the divine Jesus. The church as an institution that regulates Protestant Christians does not allow divorce decisions made by its congregation. Therefore here the author raises the issue of how the juridical review of Divorce according to the Marriage Act and the christian norms of Protestants and the legal consequences for protestant Christians. This research is normative legal research using legislation approach and comparison approach, therefore this research uses primary, secondary, and tertiary legal materials.Based on the research results, the authors obtained answers to existing problems. Termination of Marriage due to Divorce based on the norms of Protestant Christianity for adherents is legal according to the Legislation, however the church as an institution that regulates its people there is still no certainty regarding Divorce. Protestant churches only assist congregations who want to divorce but do not prohibit them because divorce is a civil right of all Indonesian citizens, but the church is still responsible for its congregation who commits divorce. The legal consequences of divorce are the breaking up of the husband and wife relationship, the consequences for the child, and the consequences for joint property. According to the norms of Protestant Christianity, the result of Divorce is sin.

Pembentukan Peraturan Daerah yang Partisipatif Hikam Mambaul; Husein Muslimin; Riski Febria Nurita
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

Community participation in the formation of participatory local regulations is an important thing in running a democracy, community participation here must be given a forum to accommodate inputs that can later be used as a strong reason for the formation of local regulations. Therefore, the community should be involved in the formation of local regulations in order to produce participatory properties. The research method used by the author is empirical, which is to describe the results of data obtained through interviews. The approach used is a sociological juridical approach that is to identify and conceptualize the law as a real and functional social institution in a real-life system regarding the Establishment of Participatory Regional Regulations. The results of this study were obtained by interviewing members of the DPRD, the malang city government, and the communities directly involved in the establishment of participatory local regulations. Community involvement is a mirror of the principle of openness in the establishment of legislation, although some of the public is still not aware of

Perlindungan Hukum Hak Tradisional Masyarakat Hukum Adat terhadap Tindakan Individualisasi Tanah Ulayat untuk Tujuan Komersial Stivani Marantika Poro; Ali Imron; Wika Yudha Shanty
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

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.

Mekanisme Penyelesaian Sengketa Penyedia Jasa Website Download Film Gratis Bagi Pencipta Film di Indonesia Yonatan Andreas Putera; Hendra Djaja; I Gusti Ngurah Adyana; Ariyanti Ariyanti
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Copyright infringement can have a negative impact on film makers both materially and morally. Coupled with the development of the internet, copyright infringement is not only realized in the form of pieces of VCD / DVD, but has penetrated into the internet media, namely the emergence of many websites or sites that provide free movie download services. The creators of these films and websites do not have a definite legal relationship. The emergence of these websites is of course very detrimental to the film creator because these websites operate illegally without any relationship agreement or agreement from the film creator and for the personal benefit of the website owner without thinking about the losses experienced by the film creator. But the creator can also report these websites if they feel aggrieved and of course if it is indeed proven to be carrying out illegal activities against the copyrighted films of the creator of the film. If it is proven to have committed an unlawful act, the website owner may be subject to sanctions in the form of prison or other compensation such as compensation for royalties. This research uses normative legal research with the aim of discussing how the dispute resolution mechanism between film creators and film website service providers.

Kedudukan Uang Panaik sebagai Syarat Perkawinan dalam Adat Suku Bugis menurut Hukum Islam Nadia Ananda Putri; Kasuwi Saiban; Sunarjo Sunarjo; Khotbatul Laila
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

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.

Tindak Pidana Turut serta Mengakses Komputer dan/atau Sistem Elektronik dengan Modus Skimming Ahmad Aryo; Hatarto Pakpahan
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

ABSTRAKPenulisan Artikel ini bertujuan untuk mengetahui dan menganlisis tentang bagaimana modus operandi dari skimming dan juga untuk mengetahui pertimbangan dan ketentuan peraturan perundang-undangan yang diterapkan kepada pelaku kejahatan Skimming disertai dengan analisis yuridisnya dalam perkara Nomor 334/Pid.Sus/2020/PN.Mlg. Dalam artikel jurnal ini menggunakan penelitian hukum normatif dengan pendekatan caseapproach dan statue approach. Hasil penelitian ini memberikan pengetahuan mengenai modus operandi skimming yang dalam pelaksanaannya menggunakan router dan/atau alat skimmer yang dapat menyalin data kartu ATM atau sekaligus PIN ATM serta menggunakan hidden camera untuk mendapatkan PIN ATM. Setelah mendapat data dan PIN ATM, kemudian disalin menggunakan MSR900SEN untuk mengkloning ATM tersebut guna melakukan penarikan uang tunai. Sedangkan pertimbangan hakim pada putusan No.334/Pid.Sus/2020/PN.Mlg dakwaan Pasal 30 ayat 3 UU ITE terdapat upaya atau cara yang sesuai dengan skimming yaitu melanggar, menerobos, melampaui, atau menjebol sistem pengamanan dan dalam dakwaan pasal 30 ayat 1 UU ITE tidak merinci mengenai upaya atau cara dalam melakukan perbuatan kejahatan skimming serta untuk mengetahui perbuatan para pelaku termasuk tindak pidana turut serta uitlokker yang mana terdapat pembuat penganjur yang menganjurkan orang yang dianjurkan agar niat dari orang tersebut terbentuk untuk melakukan perbuatan tindak pidana dimana pembuat penganjur tidak berperan aktif dalam perbuatan tindak pidana.

Perlindungan Hukum Konsumen dalam Transaksi Electronic Commerce melalui Bukalapak Chandra Supriyanto; Hendra Djaja; Diah aju wisnuwardhani; Khotbatul Laila
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

E-commerce transactions in this era become one of the business models that are in great demand by the people of Indonesia. The development and progress of information technology is so fast that it causes changes in the activities of human life in various fields which have directly affected the birth of new forms of legal action. Internet support makes online business more attractive to many people, because of the convenience offered. Marketplace or online trading sites become a new choice that offers convenience and security in e-commerce transactions. One marketplace that offers convenience and security in e-commerce transactions is Bukalapak. There is no comprehensive legal protection in accordance with the Rules for the Use of Bukalapak. Consumers are still the weakest party if a problem occurs because the model built contains a standard clause in it. Therefore, the protection of consumers in online buying and selling transactions needs to be considered

Alternatif, Penyelesaian Sengketa Utang Piutang berbasis Aplikasi Online Rahmat Bakhtiar Pratama; Hendra Djaja; Tri Susilaningsih; Moh Fahrial Amrullah
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v1i1.5277

Debt receivables are based on an agreement, an agreement on receivables is included in the principal agreement. In the event of a process of debt receivable agreement made by the creditor and debtor. debtor basically based on trust between the creditor and the debtor, but a lot of debt occurs using additional agreements or assessors that govern collateral, accounts receivable debtusing collateral can vary, collateral for movable or immovable objects, tangible movable objects or intangible. The phenomenon that is happening right now is that there are accounts receivable debts where the lenders and debt recipients have never met, these debts use online applications or commonly referred to as online applications and some call it the term fintech which stands for financial technology. This debt continues to use the agreement, and the agreementshould still comply with the rules and regulations which are basically regulated in article 1313 BW, and 1320 BW. Problems occur if one of the parties in the debt agreement is broken or promised to commit an act against the law, disputes that occur in the event of the debt can be resolved by resolving disputes outside the court. Settlement of disputes outside the court can bean alternative to problems that occur in the debt and credit activities using online applications.

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Contact Name
Ferry Anggriawan

Contact Email
blj@unmer.ac.id

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+6281333772237

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blj@unmer.ac.id

Editorial Address
Jalan Terusan Dieng No. 62-64 Klojen, Pisang Candi, Kec. Sukun, Kota Malang, Jawa Timur 65146

Location
Kota malang,

Jawa timur

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ferry Anggriawan

Contact Email blj@unmer.ac.id

Phone +6281333772237

Journal Mail Official blj@unmer.ac.id

Editorial Address Jalan Terusan Dieng No. 62-64 Klojen, Pisang Candi, Kec. Sukun, Kota Malang, Jawa Timur 65146

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ferry Anggriawan

Contact Email
blj@unmer.ac.id

Phone
+6281333772237

Journal Mail Official
blj@unmer.ac.id

Editorial Address
Jalan Terusan Dieng No. 62-64 Klojen, Pisang Candi, Kec. Sukun, Kota Malang, Jawa Timur 65146

Location
Kota malang,

Jawa timur

INDONESIA