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[Pertanggungjawaban Pidana atas Tindak Pidana Pelecehan Verbal melalui Media Sosial ]]>
<![CDATA[Aena Linda Mustika]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Muhari Santoso]]>;
<![CDATA[Nahdiya Sabrina]]>
<![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.v2i1.5856
<![CDATA[Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.]]>
<![CDATA[Faktor Kriminogen dan Upaya Mengatasi Penyalahguna Narkoba di Kalangan Masyarakat ]]>
<![CDATA[Teguh Suratman]]>;
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7985
<![CDATA[In fact, drugs are goods that are very useful for the benefit of many people's lives when used and used properly. However, in reality this is not the case, and not a few of these items are used inappropriately for their intended purpose or in other words, are misused and cause various negative aspects in the community. The purpose of this paper is to find out the criminogenic side of drug use that should not be carried out by the community, and to find out drug use among the community, which is actually not in harmony with social values, cultural aspects and negative factors in people's lives. The study in this paper contributes in overcoming the crime of drug abuse, in order to achieve the goal and to facilitate the understanding and implementation of handling drug problems using Pre-emptive, Preventive, and Repressive methods; and understand trends related to drugs, more specifically trying to contribute in solving the problem of drug abuse as part of the social pathology in people's lives. ]]>
<![CDATA[Tindak Pidana Pembunuhan Berencana yang Memiliki Indikasi Schizophrenia ]]>
<![CDATA[Alief Raihan]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7997
<![CDATA[Case of Murder committed by Perpetrator Sugeng Santoso in case Number 535/Pid.B/2019/PN. Mlg is a criminal case of murder followed by tattooing and mutilating the victim. Previously, the perpetrator was often in and out of the Mental Hospital and according to the testimony of the witness, the Defendant was an insane person, suffering from a mental disorder and symptoms of schizophrenia. This study aims to find out and analyze the considerations in the District Court Decision which states the defendant committed a criminal act of premeditated murder and analyze the criminal conviction by the judge in case Number 535/Pid.B/2019/PN. Mlg is appropriate when viewed from the purpose of punishment and by using normative legal research. The basis for the judge's legal considerations in proving the elements of a criminal act of premeditated murder by a perpetrator with a history of mental disorder/schizophrenia in decision number 535/Pid.B/2019/PN. Please, by using the statements of witnesses, expert statements, evidence of the Visum Et Repertum, and the defendant's statements, there has been a correspondence between one and the other where the Defendant Sugeng Santoso still has to be held accountable for his actions for the crime of premeditated murder even though the Defendant is suspected of having a schizophrenic disorder. and was treated in a mental hospital. The judge's legal considerations in imposing a crime against the perpetrator of the crime of premeditated murder with a history of mental disorders/schizophrenia in decision number 535/Pid.B/2019/PN. Mlg in the form of a prison sentence of twenty years is appropriate and fulfills the principle of justice for both the defendant and the victim with the consideration that the defendant has the capacity to be responsible based on the prevailing laws and regulations and based on jurisprudence by considering aggravating circumstances and mitigating circumstances based on Article 197 of the Criminal Procedure Code.]]>
<![CDATA[Pertimbangan Hakim Pengadilan Agama dalam Mengabulkan Permohonan Dispensasi Nikah di Bawah Umur ]]>
<![CDATA[Evi Rohmatzzuhriyah]]>;
<![CDATA[Kasuwi Saiban]]>;
<![CDATA[Andi Poerwanto Soedjatmiko]]>;
<![CDATA[Khotbatul Laila]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7969
<![CDATA[The submission of a marriage dispensation application is almost the same as the submission of other civil cases, but if the proposed procedure is not fulfilled or is not appropriate when submitting a marriage dispensation application, the application cannot be accepted/rejected. Basically, the dispensation for underage marriage is a marriage that is carried out to make the prospective bride and groom who have not reached the minimum age of marriage, which is at least 19 years for men and at least 16 years for women in accordance with Law No. 1 of 1974 article 7 paragraph ( 1) . However, the consideration of the Sidoarjo Religious Court Judge in the application for a marriage dispensation was based on the benefit principle, in which the judge saw the two prospective brides and if the request was not granted, it was feared that behavior would further violate existing rules and norms, and so that prospective children who will receive justice will be recognized as legitimate children and have complete parents with marital status recognized by the state Dispensation, Marriage, Minors]]>
<![CDATA[Pemenuhan Hak bagi Narapidana berupa Upah Kerja pada Lembaga Pemasyarakatan di Indonesia ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Mohammad Ghufron Az]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7986
<![CDATA[One form of guidance for inmates is training in the field of skills that will be very useful for the prisoner's life after leaving / being released from the correctional facility. Every prisoner has the right to receive a wage or premium for the work he has done. The formulation of the problem raised is how the arrangements regarding the provision of wages / premiums for inmates who work in prisons and whether the granting of rights in the form of wages / premiums for inmates who work in prisons has fulfilled the principle of justice. The research method used is normative juridical, namely research using primary legal materials in the form of laws and regulations, secondary legal materials in the form of literature related to the rights of prisoners in correctional institutions, especially those related to work wages. The result of this research is that the regulation regarding the rights of prisoners, especially those related to the provision of wages, is Article 14 of Law Number 12 of 1995, Government Regulation of the Republic of Indonesia Number 32 of 1999 and Decree of the Minister of Justice of the Republic of Indonesia Number. M.01-PP.02.01 Year 1990. According to the author, the percentage of wages to inmates has met the principle of justice considering that in addition to getting wages, prisoners also get training regarding skills which later can be used as provisions when leaving the correctional institution for free. ]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Perdagangan Organ Tubuh Manusia untuk Transplantasi ]]>
<![CDATA[Natalia Kristin]]>;
<![CDATA[Enny Ristanti]]>;
<![CDATA[Galih Puji Mulyono]]>;
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7984
<![CDATA[Technological advances are starting to make great progress in the world of health, especially for some diseases for which a cure has been found. For example, by seeking new treatments by transplanting several organs in the body. However, in practice the method of treatment with human organ transplantation is not easy to do, considering that the available organs are still very few compared to the needs of human organs. This causes the high price of human organs which should not be commercialized and many people take this opportunity to fulfill their financial needs by trading human organs. One of the laws that prohibits organ trafficking is Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons. The provisions regarding the prohibition are contained in the formulation of Article 2, Article 3, Article 4, Article 5, Article 6, and Article 7 in the law.]]>
<![CDATA[Efektivitas Hukuman Kebiri Kimia untuk Pelaku Kejahatan Seksual terhadap Anak (Studi Pengadilan Negeri Mojokerto) ]]>
<![CDATA[Enny Ristanti]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7957
<![CDATA[Sexual crimes against children can have a negative impact on victims both physically and mentally so that many of them experience prolonged trauma. In response to this, the government issued Law Number 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Laws. In Law Number 17 of 2016 which regulates the criminal punishment of chemical castration. The application of chemical castration punishment raises pros and cons in human life. Chemical castration is considered a violation of human rights. Doctors also refuse to be the executor in the application of this punishment because it contains elements of injuring someone so that its application is prohibited in the medical world. This thesis research wants to inform about the effectiveness of chemical castration punishment for perpetrators of sexual crimes against children. The writing of this thesis uses the type of empirical research method with a sociological juridical approach method. Chemical castration punishment has not been effective and does not cause a deterrent effect for perpetrators of sexual crimes against children in Indonesia, so Law Number 17 of 2016 needs to be reviewed. ]]>
<![CDATA[Hak Gugat Harta dalam Perkawinan Poligami ]]>
<![CDATA[Deas Oktaviara Habiansyah]]>;
<![CDATA[Dewi Astutty]]>;
<![CDATA[M Ghufron Az]]>;
<![CDATA[Mohammad Fahrial Amrullah]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7958
<![CDATA[As social beings, humans in living their daily lives are creatures who communicate with each other and need each other. It becomes a common thing when there is finally an attraction between the opposite sex. Love and affection are the reasons humans are bound in a relationship called marriage. Polygamous marriages cause several somah in marriage. Equality of position between husbands and wives will be determined by the pattern of marriage carried out. Based on legal facts, it is found that the husband's previous wife denied the rights. In addition, the rights to joint property are reduced by the interests of other wives, both second, third, and fourth. The type of research used by the author in this study is a type of normative legal research. If on one occasion another wife (second, third, and or fourth wife) in a marriage with the principle of polygamy commits fraud by using joint property unilaterally, then the first wife can sue civilly to the court against the unfair use of property, or it can go through the court of law. crime as a crime.]]>
<![CDATA[Peran Badan Nasional Penanggulangan Terorisme (BNPT) dalam Upaya Penanggulangan Kelompok Kriminal Bersenjata (KKB) sebagai Kejahatan Terorisme (Studi di Badan Nasional Penanggulangan Terorisme) ]]>
<![CDATA[Bellynda Shafira Aryeno]]>;
<![CDATA[Teguh Suratman]]>;
<![CDATA[Riski Febria Nurita]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7983
<![CDATA[This riset discusses the role of the National Agency for Combating Terrorism, especially in the effort to overcome the Armed Criminal Group (KKB) in Papua as a crime of terrorism. Terrorist activities in Indonesia have threatened and claimed many victims. One of the actions carried out by the KKB in Papua. At first, this group labeled themselves as the Free Papua Organization. The OPM is a separatist group whose goal is to separate themselves from the Republic of Indonesia. The Indonesian government has agreed to categorize the KKB in Papua as a terrorism group based on Law Number 15 of 2018 concerning the Eradication of Criminal Acts of Terrorism. So far, KKB has only been categorized as a criminal group, where the way it is handled is different from that of a terrorist group. The purpose of this study was to determine the countermeasures carried out by BNPT in dealing with KKB in Papua as a crime of terrorism and also to find out the obstacles faced by BNPT in efforts to overcome KKB as a crime of terrorism. The type of research in this thesis is using empirical legal research or also known as juridical-sociological legal research. This study uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real ones through direct observation. The results of this thesis research are, BNPT in an effort to overcome KKB as a crime of terrorism has two approaches, namely a soft approach and a hard approach. In terms of the soft approach, BNPT has 3 programs in its implementation, namely the deradicalization program, counter radicalization, and also national preparedness. After that the hard approach. ]]>
<![CDATA[Implementasi Peningkatan Hak Atas Tanah dari Hak Guna Bangunan Menjadi Hak Milik untuk Tanah Perumahan ]]>
<![CDATA[Retno Sariwati]]>;
<![CDATA[Ferry Anggriawan]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7996
<![CDATA[In Indonesia, there are still many people who cannot live in their houses because the status of the land is still a Building Use Right and its validity period has expired and is not renewed, so the owner cannot occupy his house if it is not upgraded. As is the case in one of the houses in a residential area in Madiun Regency, where not all of the land status has become property rights, but there are Building Use Rights and of course it will burden the owner of the residential house because if the validity period expires and is not extended. In accordance with the Decree of the Minister of Agrarian Affairs/Head of the National Land Agency Number 6 of 1998 concerning the Granting of Ownership Rights to Land for Residential Houses, it is stated that in order to guarantee housing, residents need to guarantee the continuity of rights to the land where they live and need to increase the granting of property rights to residential houses. whose land status is still Right to Build. The legal issue that will be analyzed in this research is how to implement an increase in land rights from Hak Guna Bangunan to Hak Milik for residential land in Indonesia. ]]>
