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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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Analisis Yuridis Pertimbangan Hakim dalam Menjatuhkan Putusan terhadap Warga Negara Asing yang Menyalahgunakan Izin Tinggal Kunjungan untuk Bekerja di Indonesia Afif Desy Rahmadea; Yusuf Eko Nahuddin; Andi Purwanto; Raditya Feda Rifandhana
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.v4i1.10341

Abstract

The background of this research is that foreign citizens of Australian nationality have violated Article 122 letter a of the Republic of Indonesia Law No. 6 of 2011 concerning Immigration. The defendant deliberately carried out the activity of renting out his villa called Sunset Sala villa which is located in Sudaji Village, Sawan District, Buleleng Regency for medical meditation activities so that it is not in accordance with the intent and purpose of granting a residence permit granted to the defendant on a visit visa to Indonesia, as a tourist. not for business or business activities. This study uses a descriptive-juridical-normative research method. The results of this study are the Decision of the Singaraja District Court in case Number 127/Pid.Sus/2018/PN.Sgr. in the description of the judge's considerations in imposing a sentence in accordance with 122 letter a of the Republic of Indonesia Law No. 6 of 2011 concerning Immigration by imposing administrative sanctions and setting aside pro justicia sanctions which will take longer.
Legal Politics Of Higher Education Creative Media To Support The Creative Industry In The Era Of The Industrial Revolution 5.0 H, RR. Ella Evrita; Rahayu, Mella Ismelina Farma; Asrun, Andi Muhammad; Lubis, Efridani
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.10686

Abstract

This article discusses that the current legal politics have regulated higher education and creative industries but have not accommodated all the needs for their implementation, especially now when the industrial revolution 5.0 will occur. Through the right legal political policies, creative media higher education can be the key in supporting the development of the creative industry in the era of the Industrial Revolution 5.0, to create a favorable and innovative environment for creative industry players. The type or type of research chosen, namely normative juridical. The point of view of this research will be focused on "The ideal conception of law both in terms of norms, institutions and legal culture.  The limitations used by researchers are: Legal adjustment of Creative Media Higher Education to support the creative industry in the era of the industrial revolution 5.0.  The originality of this research is how to create an ideal Legal Conception for Creative Media higher education that will support the development of the Creative Industries in the face of the current 5.0 revolution.
Kajian Yuridis Terhadap Binary Option Trading Dalam Perdagangan Berjangka Komoditi Di Indonesia Pranadilla, Komang Panditayana; Mochtar, Dewi Astutty; Wisnuwardhani, Diah Aju; Az, Moh. Ghufron
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12904

Abstract

Most binary options operators operate via internet-based platforms without complying with existing regulations in Indonesia. The problem discussed in this research is whether binary options are included in trading regulated in the Commodity Futures Law and legal protection for investors in binary options. This research uses normative legal research with a statutory approach. The results of this research are that Binary Options cannot meet the criteria as a commodity as regulated in Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading. This can be seen in the indicators listed in Article 1 number 2 of the Commodity Futures Trading Law 
Analisis Term and Condition dalam Akses Digital Platform Ditinjau dari Hukum Positif Indrawan, Cecilia Vania; Tjoneng, Arman
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.11264

Abstract

Digital platforms make it easy for people to do activities. But behind the convenience provided there are several problems that can endanger users. There is a need for regulations that specifically regulate the Protection of User Personal Data. Therefore, Law No. 27 of 2022 concerning Personal Data Protection was born. The research method used in this research is the Normative Juridical method. Based on the results of the research, the Personal Data Protection Law is sufficient to provide protection to users, especially due to data leaks that should be protected in accordance with the terms and conditions agreed and will be protected by the platforms. But it needs the help of other laws in protecting it, such as the 1945 Constitution which is the initial guideline, the ITE Law which regulates business actors, namely digital platforms that provide facilities for users to provide good and correct information as well as for users not to misuse these platforms, Permenkominfo which plays a role in supervising each platform to comply with predetermined provisions, the Civil Code as sanctioning articles, and the Consumer Protection Law which functions as the front guard to protect users, because there are threats to personal data security.
Pelindungan Hukum Indikasi Geografis Tanaman Kemenyan Bunga di Kabupaten Pakpak Bharat Sitohang, Agung Torang; Gultom, Latifah Hanum; Fitria Sinaga, Rahma Dhani; Trisna, Wulan Ayu; Siahaan, Parlaungan Gabriel; Beru Perangin angin, Reh Bungana
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11379

Abstract

Geographical Indications are an important component of Intellectual Property Rights which relate to regional naming and the origin of products. The wealth of products originating from Geographical Indications has great potential for society and the country if managed well. The aim of this research is to analyze the legal protection of frankincense plants for geographical indications in Pakpak Bharat Regency. The main problem in this research is how to legally protect the geographical indications of frankincense plants in Pak-Pak Bharat Regency. The research method used is qualitative descriptive research with data collection through observation, interviews and literature study. The results of this research indicate that to obtain legal protection as a Geographical Indication for Pakpak Bharat Regency, flower incense must first be registered with the Directorate General of Intellectual Property Rights by fulfilling the requirements stated in the Geographical Indication requirements book. The positive impact of this legal protection is that the Pakpak Bharat community can obtain a Geographical Indication certificate and have collective rights to Pakpak Bharat flower incense, which allows them to use the Geographical Indication name exclusively.
Penegakan Hukum bagi Pelaku dan Perlindungan Hukum bagi Korban Terkait Sekstorsi dalam Tindak Pidana Korupsi berdasarkan Peraturan Perundang-undangan di Indonesia Gan, Vannessa; Sewu, Pan Lindawaty Suherman
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11127

Abstract

In Indonesia, cases of sextortion often occur. Sextortion is the abuse of power to obtain personal gain in the form of sexual activity by coercing the victim so that the victim will experience negative impacts on health or mental health and the victim is also threatened not to report this to the authorities. Both the Sexual Violence Crime Law (hereinafter referred to as the "TPKS Law") sextortion and the Corruption Crime Law (hereinafter referred to as the "Tipikor Law") specific provisions governing sextortion still do not clearly regulate this sextortion. In the Corruption Law there are regulations regarding gratification, but this is different from sextortion. The method used is the normative juridical method, library legal research is carried out by looking at secondary data or library materials, and examining theories and cases originating from secondary legal sources. Victims of sextortion crimes need to be protected in order to fulfill victims' rights and the TPKS Law explains the protection of victims of sextortion or other sexual harassment. Victims of acts of sexual harassment have the right to receive compensation (hereinafter referred to as "Restitution") and have the right to fulfill the victim's rights, which are the state's obligation to fulfill based on the victim's condition. The rules regarding the crime of sextortion must be immediately regulated in the Corruption Law, this is so that it does not have a worse impact on society and the state.
Kontradiksi Pengaturan Tindak Pidana Korupsi dalam KUHP Baru dengan Rencana Pembangunan Jangka Panjang Nasional Tahun 2005-2025 Rahman, Fathor
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12905

Abstract

The Corruption Criminal Procedure Regulations contained in Law No. 1 of 2023 on the Code of Penal Law (New Penal Code) have degraded the spirit of suppression of corruption crimes, especially with regard to the concept of punishment and the criteria for sanctioning it, because the Corrupt Criminals Regulations in the Law No.1 of 2003 on the code of criminal law, do not strengthen the Act on the prevention of corrupt criminal proceedings that is specifically in force, but rather weaken the effect of imprisonment for corruption offenders in Indonesia. In this case, it is also evident that there is a disharmonization with the legal development plan, which is contained in the National Long-term Development Plan 2005-2025. This research uses normative legal research methods with a legal, comparative and conceptual approach. The results of this study show that The results of this research show that corruption cases are one of the obstacles to the smooth development of the Indonesian State as a whole, and with the fact that the regulation of criminal acts of corruption in the new Criminal Code does not create a spirit of eradicating criminal acts of corruption, the laws and regulations related to eradicating corruption still needs to be repaired and updated.
Penyelesaian Perselisihan Properti melalui Pendekatan Mediasi di Indonesia Tantimin, Tantimin; Febriani, Emiliya; Putra, Dharma
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.11419

Abstract

Land as a vital asset is one of the advantages of Indonesia, which is an agricultural country. The need for land has increased, leading to frequent land conflicts. The research method used in this research is normative research. Dispute issues can be resolved through litigation or non-litigation such as mediation. Mediation is an effective alternative in resolving disputes, with mediators helping to reach agreements without trial. However, there are obstacles such as temperament, low education level, and unclear land boundaries. Legal support for mediation is provided by law. It is important to understand the principles of mediation, which provides autonomy to the parties in achieving peace.
Analisis Yuridis Hukuman Mati pada Pelaku Tindak Pidana Pembunuhan Berencana Nahak, Artha Ulina; Laila, Khotbatul; Pakpahan, Hatarto; Sabrina, Nahdiya; Lailawati, Fadilla Dwi
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11490

Abstract

Premeditated murder is a criminal offense regulated in Article 340 of the Criminal Code whose criminal sanctions are much more severe than other criminal acts because someone who commits the crime of premeditated murder can be sentenced to the most severe crime, namely the death penalty. This research aims to determine the judge's considerations in imposing a crime on the crime of premeditated murder as well as the juridical analysis of the decision. In this research the author uses a normative juridical research method where what is studied is a court decision that already has permanent legal force. In related research the author used techniques for collecting primary, secondary and tertiary materials which include laws, copies of the Lamongan District Court decision Number 160/Pid.B/2020/PN.Lmg, literacy materials such as books, journals, the internet and also a thesis related to the death penalty and premeditated murder. From the research conducted, the author obtained the results of the panel of judges' considerations in handing down the death penalty to the perpetrator of the crime of premeditated murder without paying attention to the elements of the criminal's influence on the perpetrator's future, as well as elements of planning that were not genuinely proven. The death penalty imposed on perpetrators of the crime of premeditated murder is basically contrary to human rights and sociologically, many death sentences have not been executed since 2016 because of the memoratorium issued by the Indonesian government.
Implementasi Unsur Alasan Pemaaf dan Pembenar dalam Kekerasan di Lingkungan Pendidikan Bastyan, Almira Carissa; Tjoneng, Arman
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11209

Abstract

In Indonesia today, violence against students in the educational environment is considered a dishonorable act, this is because with the birth of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it was formed with the aim of protecting the rights of children wherever they are, including in the school environment. But in reality there are still violations of children's rights, especially in the school environment. The writing in this study uses normative juridical research methods that focus on principles, rules, applicable legal regulations that aim to find out how violence forms and how to solve the problems caused. The results showed that violence against children in the school environment is a form of non-optimal application of the Child Protection Law, and effective steps to resolve it can be done through legal channels (litigation) and non-legal channels (non-litigation) by looking at how severe the form and level that causes the impact of violence and others

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