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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 92 Documents
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Penyalahgunaan serta Proses Penyelesaian Visa Kunjungan oleh Warga Negara Asing Dicky Agustinus Sitanggang; Muhari Agus Santoso; Yusuf Eko Nahuddin; Raditya Feda Rifandana
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7982

Abstract

This research is related to the process of resolving the misuse of visas carried out by foreign nationals in Indonesia. The purpose of this study is to find out the Process for the Settlement of Misuse of Visit Visas Performed by Indonesian Citizens in the implementation of the Settlement of Misuse of Visit Visas that have been carried out by Foreign Citizens, hereby implementing and providing the right impact on Foreign Citizens. The method of collecting data is directly conducting interviews with informants related to the completion process of Visit Visa Abuse. The method used is using empirical research methods with the transformation process of research data sourced from directly related informants. In this case, there is the implementation of the Visit Visa Abuse Settlement Process carried out by Foreign Citizens, there are still several obstacles and shortcomings, both in terms of supervision and the role of Immigration office employees in Indonesia.
Penyelesaian Sengketa Konsumen melalui Badan Penyelesaian Sengketa Konsumen Annisa Gita Prassiwi; I Gusti Ngurah Adnyana; Dewi Ayu Rahayu; Dhaniar Eka Budiastanti
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10581

Abstract

Currently there are many problems in consumer protection. The increasing number of goods and/or service transactions, the increasing number of consumer disputes in Indonesia. Based on data from the Malang City Consumer Dispute Settlement Agency, there were several problems reported to the Consumer Dispute Settlement Agency, including problems with property, Regional Drinking Water Companies and leasing. The type of research used is normative juridical, namely studying and analyzing cases that have occurred using Law no. 8 of 1999 concerning Consumer Protection. The aims of this research is expected to improve the performance of the Consumer Dispute Settlement Agency so that when there is a problem in society related to consumer disputes it can be resolved properly. Besides that, it can add knowledge, especially to business actors so that every transaction must be more careful and consumers when making a transaction must pay more attention to the information available so that there are no errors in the end. The results of this study include the dispute resolution mechanism by the Consumer Dispute Settlement Agency which is carried out through five stages as well as consumer dispute resolution efforts.
Penyelesaian Wanprestasi dalam Pelaksanaan Perjanjian Jual Beli Sepeda Motor melalui Sistem Inden Ainun Sabrina; Diah Aju Wisnuwardhani; Sunarjo Sunarjo; Fadilla Dwi Lailawaty
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10340

Abstract

Buying and selling can be done in various ways, one of which is a sale and purchase agreement with an indent system, namely buying an item by ordering and paying a down payment in advance. The legal issues that will be analyzed in this study are several acts of default that occurred at the Honda Ahass KartikaSari Pasar Besar Malang, both committed by the seller and the buyer in a motorcycle sale and purchase agreement through an indent system. Like; delays in the arrival of motorbikes, damage to motorbikes, and unilateral cancellation of orders by buyers. This study uses an empirical juridical method with a case approach and a statutory approach. The results of this study state that if within the time limit the motor pivot ordered by the seller has not arrived, then the down payment will be returned in full, if there is initial damage to the motorbike, it will be replaced with new spare parts in the damaged part of the motorbike and if the buyer suddenly canceling purchases through the pivot system before the specified time period, the buyer is subject to a fine of Rp. 800,000.
Analisis Yuridis Perjanjian bagi Hasil Perpecahan Lahan Pertanian di Desa Dengkol Kabupaten Malang Ayu Sekar Gayatri; Risky Febria Nurita; Mohammad Fahrial Amrulla
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10338

Abstract

This scientific paper analyzes the juridical analysis of profit-sharing agreements on split land in Dengkol Village, Malang Regency. The legal issue to be analyzed is a land dispute case in Malang Regency. The purpose of this research is to reach an agreement on land disputes that benefit both parties, namely between the Air Force and the Community and to find out the problems that occur and result in land disputes. This study uses a normative legal research method based on a study of cases and laws and regulations. The land dispute that occurred in Malang Regency was proven to have occurred due to incitement carried out by the local village head who was assisted by irresponsible persons, in this case it was also resolved in a non-litigation manner which was carried out outside the court and carried out by mediation.
Analisis Yuridis tentang Pembunuhan yang dilakukan oleh Anggota TNI Angkatan Darat terhadap Warga Sipil Arif Widodo; Setiyono Setiyono; Teguh Suratman; Nahdiya Sabrina
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10322

Abstract

This research is motivated by the existence of cases of killings committed by elements of the Indonesian Army against civilians which is a serious violation that should not have been committed. The legal issues that will be analyzed in this study are knowing and explaining: the basic considerations of the judges in the decision of the Military Court III-12 Surabaya Number 223-K/PM.III-12/AD/XII/2018 decided on cases of deprivation of independence resulting in death by members of the TNI AD against civilians. The research method uses normative legal research in the form of legal behavior products by examining laws. The problem approach uses a normative juridical approach. The results of this study found that: The judge's consideration in the Decision of the Military Court III-12 Surabaya Number 223-K/PM.III- 12/AD/XII/2018 has fulfilled the elements of Article 333 paragraph (1) of the Criminal Code with a criminal sanction of 1 year 2 months and dishonorable dismissal; The decision of the II-12 Surabaya Military Court Number 223-K/PM.III-12/AD/XII/2018 has fulfilled a sense of justice, due to insufficient valid and convincing evidence of guilt for committing the crime of murder which was carried out jointly.
Hukuman Pelaku Tindak Pidana Pencabulan di Lingkungan Kampus Basthia Surya Afifah; Teguh Suratman; Hatarto Pakpahan
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10308

Abstract

Criminal acts of obscenity are all acts related to life in the sexual field which are considered to violate the norms of decency or decency. The problem of sexual abuse on campuses or universities is no longer a secret, this is evidenced by the many reports circulating about sexual abuse in educational settings, especially universities. This study aims to find out about the judge's considerations and find out how material criminal law in Indonesia is applied to the crime of obscenity based on decision number 732 / Pid.b / 2019 / PN.Tjk, using the Normative Juridical research method. Whereas from the results of this study, the first panel of judges in deciding or adjudicating a case must make judgments by taking into account the facts of the trial, both through the statements of witnesses, expert witnesses, statements of the accused, evidence, confessions and oaths, in addition to the elements in the article. whether the accused has been fulfilled or not and also the judge's consideration must include juridical, philosophical and sociological considerations, the judge must also look at what is aggravating and what is mitigating. In decision No. 732 / Pid.b / 2019 / PN.Tjk the judge in making the decision was not fair enough and not right by trying the defendant with 1 (one) year's imprisonment. The application of material criminal law to cases of criminal acts of obscenity in the decision of the Tanjung Karang District Court Number 732/Pid. B /2019/ PN.Tjk is correct and in accordance with the applicable laws and regulations. Considering that the indictment must meet several conditions, namely formal and material requirements. The formal requirements include the defendant's biodata and the material must have a locus or place and tempo or time of incident.
Perlindungan Hukum Driver Gofood terhadap Pembatalan Pesanan Oleh Konsumen dengan Metode Cash On Delivery Obbie Alexander Kusumo; Kadek Wiwik Indrayanti; Galih Puji Mulyono; Khotbatul Laila
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10339

Abstract

The development of technology for implementing E-Commerce where Gojek as a Food Delivery Service Provider Application through its partners, namely drivers, problems often arise related to canceling food orders by consumers in the Cash On Delivery (COD) payment method in E-commerce transactions. This study contains a formulation of the problem regarding legal protection for gojek drivers against canceling food orders by consumers with the cash on delivery payment method. Based on the results of research on the legal protection of Gojek drivers against canceling food orders by consumers with the Cash On Delivery payment method where food orders have entered the merchant, payments to restaurants will be deducted from the Gojek balance or payments in cash directly by drivers to merchants. then that is where the end point of the limit for canceling orders by consumers which, if done, will result in default and Article 1243 of the Civil Code applies. So to protect the rights of drivers for canceling food orders by consumers with the cash on delivery payment method and based on the article above, drivers can file civil lawsuits against consumers who have defaulted.
Konflik Norma Penolakan Euthanasia di Indonesia Endang Prihatin; Ferry Anggriawan
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10307

Abstract

Problems in the Human Rights Law which only regulate the right to life and not the right to die. If interpreted broadly, the logic is that if the right to live exists, then the right to die must also exist. If the state legalizes forced deprivation of life by law, then the government should also regulate the legalization of death by its own will in the law. This study aims to examine how the basic considerations of judges in rejecting the Application for Injection of Death or Euthanasia in the Decision of the Banda Aceh District Court are viewed from the perspective of human rights and how the rejection of the Application for Injection of Death or Euthanasia in the Decision of the Banda Aceh District Court is viewed from the perspective of the values of justice . The method used in this study is normative juridical with the following results; The rejection of the application for lethal injection or euthanasia in the Berlin Silalahi case for researchers is a form of injustice and violates the purpose of making the law itself. Whereas euthanasia can be considered as a way to uphold the 'Right to live' by respecting the 'Right to die' with dignity. Furthermore, the application of the practice of euthanasia in Indonesia is actually possible to implement and can bring human rights supremacy in Indonesia closer. The supremacy of human rights here is interpreted to cover human rights as a whole which previously had not been included in positive law so that they could be contained in positive law in Indonesia.
Eksistensi Advokat dalam Penyelesaian Sengketa Perdata melalui Mediasi Wika Yudha Shanty
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10582

Abstract

The existence of mediation is a very good step in resolving disputes between the two parties to reach an agreement by not relying on winning and losing. In Indonesia, the regulations regarding mediation are regulated in the provisions of Article 130 HIR and 145 RBg, which later these articles were made effective through Supreme Court Regulation (Perma) Number 1 of 2016 concerning Mediation Procedures in Courts. The implementation of mediation carried out by the parties often ends in a stalemate, meaning that the two parties fail to reach an agreement to reach peace so that the case will be examined and decided by the court through examination and judge's decision (op tegenspraak). The legal issue discussed in this study is how advocates practice in directing parties to resolve disputes through mediation. This study uses normative legal research methods. With the following results; an advocate should reduce his selfishness to not only think about the benefits of his client but also think about the interests of other parties so that an agreement is reached and get the best middle ground for both parties. This is the main goal of successful mediation, namely a win win solution. Furthermore; In providing legal services in the mediation process, an advocate must maintain and maintain the values that exist in each of the parties. These values are religious values, moral values, ethical values and a sense of justice towards the rights and obligations of both parties.
Akibat Hukum Perjanjian Jual Beli Tanah yang dilakukan Tidak di hadapan Pejabat Pembuat Akta Tanah (PPAT) Fenesia Deni Batista; Retno Sariwati; Ariyanti Ariyanti
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10306

Abstract

 One of the legal events that are often carried out by the community is entering into an agreement. According to the provisions in force, the land sale and purchase agreement must be made before the Land Deed Making Officer, however in daily life it turns out that there are still many transfers of land rights that are not made before the Land Deed Making Official. This will certainly be detrimental to the buyer, because he only controls the physical land rights. The research method used is empirical juridical. The results of this study indicate that the sale and purchase of land that is carried out not in the presence of the Land Deed Official is legal according to law as long as the material conditions are met. Settlements that can be made by the buyer, so that the land sale and purchase agreement made not in the presence of the Land Deed Official can have definite legal force by asking for a statement made or issued by the village head. The certificate is used as the basis for the implementation of the sale and purchase of land rights and has legal force if the implementation of the sale and purchase of land is known by the village head as a government official who controls the area concerned in remote rural areas.

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