cover
Article Per Year (5 Year)
All
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
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
 6   7   8   9   10 
Analisis Perkembangan Kedudukan Perempuan dalam Pewarisan Hukum Adat Batak Toba di Kota Malang Lumban Gaol, Sastra Gunawan; Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Ariyanti, Ariyanti; Mulyono, Galih Puji
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.v5i1.12955

Abstract

The Indonesian nation has a wealth of customs which form a strong identity in the lives of its people. One custom that has its own characteristics is the Toba Batak tradition, especially in terms of dividing inheritance. In the Toba Batak traditional inheritance system, the distribution of inheritance traditionally prioritizes sons. This is different from the provisions in the Indonesian Civil Code (KUHPerdata) which equalize inheritance rights between sons and daughters. This research uses empirical legal research methods which aim to examine the position of girls in Toba Batak traditional inheritance law in Malang City, as well as to identify factors that influence changes in perspectives on girls' inheritance rights. Apart from that, this research also seeks to understand the mechanism for resolving traditional inheritance disputes carried out by Toba Batak traditional leaders. The research results show that although the Toba Batak community in Malang City still adheres to a patrilineal system, there has been significant development in recognizing the inheritance rights of girls. Girls are now starting to get equal inheritance rights with boys, especially for property obtained from their own hard work. Efforts to resolve traditional inheritance disputes by Toba Batak traditional leaders in Malang City also show an effort to bridge traditional values with modern realities, creating harmony between customary law and state law.
Legalitas Penjualan Psikotropika Golongan IV di Marketplace : Studi Perbandingan Indonesia dan Singapura Silviani, Ninne Zahara; Girsang, Junimart; Sadiah, Azzhara Halimatus
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.v5i1.11865

Abstract

Perdagangan secara daring berkembang pesat sejak saat internet dihadirkan. Perkembangan secara signifikan dalam platfrom marketplace tersebut harus terus diawasi dengan tegas, barang yang dijual harus sesuai dengan peraturan perundang undangan, terutama terkait beredarnya obat-obatan yang mengandung psikotropika. Pada Peraturan Menteri Kesehatan Pasal 44  Nomor 73 Tahun 2016 menjelaskan bahwa Psikotropika hanya dapat diserahkan oleh fasilitas pelayanan Kesehatan dan hanya dapat menyerahkan berdasarkan resep dokter. Namun sering dijumpai pada marketplace pelaku usaha yang tidak memiliki izin edar masih menjual obat psikotropika. Tujuan dari penulisan ini adalah untuk menganalisis akibat hukum serta pertanggungjawaban hukum bagi para penjual obat golongan psikotropika di marketplace didasarkan kepada perbandingan hukum dengan negara Singapura.  Berdasarkan hasil perbandingan hukum dengan negara singapura terkait jual beli obat psikotropika secara bebas pada marketplace , ialah bahwa penjualan obat psikotropika sangat dibatasi, hal tersebut juga didukung dengan penerapan hukum yang tegas sehingga tidak dapat ditemukan di marketplace. Dalam hal ini dapat menjadi pembelajaran bagi pemerintah indonesia untuk melakukan pengawasan yang lebih ketat guna mengurangi penyalahgunaan yang terjadi akibat pengedaran obat tersebut.
Keabsahan Penempatan Anggota TNI Aktif dalam Menduduki Jabatan Sipil Gratsia, Melani Ema; Supriyadi, Supriyadi; Nurita, Risky Febria; Amrullah, Moh. Fahrial; Rifandana, Raditya Feda
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.v4i2.11494

Abstract

This research is about the validity of the placement of active TNI members in civilian positions. Based on Article 47 of Law Number 34 of 2004 concerning the Indonesian National Army. There are concerns about the return of the dual function that the Indonesian people have long abandoned, which could harm the spirit of reform, democracy and affect the professionalism of the TNI in being a tool for national defense. The case approach for this research is the appointment of General Andi Chandra Assadudin (Active TNI Officer) as Acting Regent of West Seram, Maluku. Based on SK. Minister of Home Affairs Number 131.81-1164. The aim of this research is to determine and analyze the validity and exceptions to the provisions that provide gaps in the placement of Active TNI members in civilian positions. This research uses a type of normative legal research. The method used is a juridical-normative problem approach with a statutory approach (Statute Approach) and a case approach (Case Approach). Then the legal materials for this thesis research are through literature review obtained from primary legal materials in the form of statutory regulations, secondary legal materials in the form of legal books, legal journals, articles, papers, theses, theses and tertiary legal materials in the form of encyclopedias and library materials. which supports research.
Perbandingan Hukum Terkait Peraturan Pengelolaan Sampah di Indonesia dan Korea Selatan Agustianto, Agustianto; Fitri, Winda; Siregar, Abigael Hosanna
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.v4i2.11297

Abstract

The writing of this scientific work was written because of the increasing environmental damage due to waste disposal carried out by individuals and groups without paying attention to the consequences for the environment, to raise awareness to the public about the obligation to dispose of waste in its place and be responsible for it by not littering, this research uses normative legal research methods the author takes studies from previous authors, as well as literacy literature and laws. The new thing found in this research is that South Korea as a country is more assertive in addressing the disposal and processing of waste in its country by making special regulations where it is mandatory to sort and dispose of waste in plastic that is specific to the type of waste disposed of. The regulation of waste disposal and processing in Indonesia is still not well implemented by the community with the lack of strict action against violators increasing, considering that Indonesia is still a developing country and South Korea is a developed country which is one of the distinguishing factors in this case, it is good that Indonesia can start imitating and slowly moving in order to reduce environmental damage that occurs due to disposal of garbage that is not in its place.
Pelaksanaan Asas Dominus Litis Jaksa pada Tahapan Penuntutan Rehabilitasi Pelaku Penyalahgunaan Narkotika Berdasarkan Asesmen Terpadu Rusdiana, Shelvi; Jaya, Febri; Anggresca, Risella Vini
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.v5i1.13307

Abstract

Narcotics are substances or drugs derived from plants or non-plants that can cause a decrease or alteration in consciousness, loss of sensation, reduction or elimination of pain, and can lead to dependence. In fact, Law Number 35 of 2009 concerning Narcotics classifies between traffickers and users, each with different penalties, namely rehabilitation demands based on the stages of the case by the Prosecutor's Office following the principle of dominus litis, where the prosecutor controls the case. This study aims to examine the qualifications of criminal narcotics regulations with rehabilitation demands and to understand and analyze the implementation of the principle of dominus litis by prosecutors in handling criminal narcotics cases based on integrated assessments. This research employs a normative juridical research method that starts from statutory regulations, books, scientific journals with a legislative approach consisting of Law Number 35 of 2009, PERJA 029 of 2015 regarding Technical Instructions for Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions, Guideline Number 18 of 2021 regarding the Settlement of Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as the Implementation of the Dominus Litis Principle, using a conceptual approach. The demand for rehabilitation becomes the primary goal of case resolution in line with the principle of utility based on specific classifications according to prevailing provisions.
Perbedaan Penafsiran Majelis Hakim Terkait Frase Muatan yang Melanggar Kesusilaan dalam Undang-Undang Informasi dan Transaksi Elektronik Ferdinandus, Aisyah; Rifai, Anis
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.v5i1.12389

Abstract

An analysis of judicial decisions regarding morality violations in Indonesia reveals several key conclusions reflecting the dynamics and interpretations of law in the digital context. Firstly, interpretations of morality under the Information and Electronic Transactions Law (ITE Law) tend to be limited to aspects of pornography and sexual exploitation, yet there is variation in interpretation by judicial panels, especially when the ITE Law does not provide a specific definition. The importance of concrete and contextual evidence is highlighted in assessing morality violations. Secondly, there is a push for harmonization between the ITE Law and the Criminal Code, particularly in the context of morality, to achieve consistency in law enforcement in the digital era. Thirdly, there is a need for legal clarification regarding the definition of morality under the ITE Law to ensure the consistency and relevance of legal interpretations in line with technological and societal developments. Judges emphasize the importance of considering privacy contexts in assessing morality violations, with an emphasis on the role of private spaces in setting boundaries for actions that violate moral norms. In conclusion, legal openness and clarity are crucial in addressing evolving challenges in the digital era for society, law enforcement, and the judiciary.
Batasan Kewenangan Otoritas Jasa Keuangan terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi Wisuda, Selvia
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.v4i2.11563

Abstract

The Financial Services Authority is an independent institution and free from interference from other parties which has the functions, duties and authority of regulation, supervision and protection. One of the institutions that is also supervised by the Financial Services Authority is a Cooperative which is part of a Microfinance Institution which is a legal entity. One of the objectives of the Financial Services Authority's supervision is to protect customers from various problems with financial institutions. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the Financial Services Authority. By reviewing and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the Financial Services Authority. Consumer protection that can be carried out by the Financial Services Authority is through complaint, investigation, reporting and prosecution mechanisms. The principles of Microfinance Institutions include justice, togetherness, independence, convenience, openness, equity, sustainability, and effectiveness and effectiveness. The role of the Financial Services Authority in terms of customer protection is in the form of consumer complaint services which include preparing adequate equipment, creating a consumer complaint mechanism, and facilitating complaint resolution.
Sanksi Adat dalam Perceraian Suku Dayak Ngaju Kalimantan Tengah Christine, Winne; Santhy, Wika Yudha; Ariyanti, Ariyanti; Anggriawan, Ferry
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.v4i2.11373

Abstract

In this thesis the author carries the theme “Implementation of Customary Sanctions in Divorce of the Dayak Ngaju Tribe Central Kalimantan (Study in Parenggean District, Central Kalimantan)”, The application of customary sanctions in the form of singers (customary fines) is a hereditary tradition owned by the Dayak Ngaju people in the event of a divorce, which is cultivated and preserved in the Dayak Ngaju traditional marriage process. In this case the marriage agreement is held to regulate and determine matters that are considered as a future problem in married life. In practice, the party who made a mistake will pay the customary fine in the presence of the Damang Head of Customs. Obstacles in the application of customary sanctions in the divorce of the Dayak Ngaju Tribe are when the party who is guilty of having to pay the penalty does not have enough money to pay it so the other party has to wait and make several reprimands to that party, the problem of imposing customary sanctions is also constrained when each each party does not have an agreement to determine who should pay the fine because both parties feel innocent even though it has been decided by the authorities (Damang Kepala Adat). Furthermore, what becomes an obstacle in the application of customary sanctions is when the divorcing party does not want to be responsible for paying the singer (customary fine) that has been stated in the customary marriage agreement.
Analisis Yuridis dalam Tradisi Brandu di Kabupaten Gunungkidul Berdasar Kajian Sociological Jurisprudence Harahap, Nurmalita Ayuningtyas
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.v5i1.12415

Abstract

Brandu or porak is a tradition of slaughtering sick or dead livestock and selling the meat to reduce losses for livestock owners. The problems of this research include, firstly, why do people in Gunungkidul Regency still carry out the brandu tradition even though it has been prohibited by positive law in Indonesia, secondly what the brandu problem is if analyzed using sociological jurisprudence, thirdly, what should the government's efforts to overcome this problem be if linked to analysis using sociological jurisprudence. Research Method uses a doctrinal approach and constructivist paradigm. People in Gunungkidul Regency still carry out the brandu tradition because the poverty rate is still high, besides that, the people of Gunung Kidul are known to have a high level of empathy towards each other, especially if their neighbors experience difficulties and suffering due to the death of livestock. In the Brandu case, if analyzed using the sociological jurisprudence school, it shows that positive law and the traditions that live in society are equally important, so it is hoped that in the formation of law and law enforcement, positive law and law in society must be taken into account in harmony. The government's efforts to overcome this problem should be that the government needs to form legal policy products to overcome brandu.
Klausula Baku dalam Kontrak Perdagangan yang dibuat Melalui Sistem Elektronik Prakasya, Anas Rafi; Imron, Ali; Rahayu, Dewi Ayu; Sariwati, Retno; Anggriawan, Ferry
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.v5i1.12956

Abstract

The rapid development of technology has encouraged progress in the trade sector, necessitating the utilisation of electronic system technology to facilitate trade with all consumers from all over the globe. Consequently, business actors have employed electronic trade contracts in their efforts to reach all consumers from all over the world. In order to enhance efficiency, it is not uncommon for business actors to utilise a standard agreement containing standard clauses in conducting trade through electronic systems. The Standard Agreement is not prohibited by law; however, there is a clause that is prohibited by law, namely the Standard Agreement is prohibited from containing an exoneration clause. The purpose of this research is to identify the mechanism for creating electronic commerce contracts and the legal consequences resulting from exoneration clauses in the context of electronic commerce contracts. The research method employed is the Normative Law Research Method with a statute approach and a conceptual approach. The results of the research indicate that the mechanism for forming electronic trade contracts for goods or services, as regulated in PP No. 80 of 2019, begins with advertising, offering, acceptance, confirmation, followed by payment, delivery of goods or services, cancellation and dispute provisions. Furthermore, the legal consequences arising from the exoneration clause are null and void in accordance with what is regulated in Law No. 08 of 1999, namely in Article 18. PMSE Electronic Contract which results in losses to consumers, the standard contract maker can be retrieved to the Minister of Trade or BPSK

Page 8 of 10 | Total Record : 92

 6   7   8   9   10 

Filter by Year

2020 2024


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2024): November 2024 Vol 5, No 1 (2024): May 2024 Vol 4, No 2 (2023): November 2023 Vol 4, No 1 (2023): May 2023 Vol 3, No 2 (2022): November 2022 Vol 3, No 1 (2022): May 2022 Vol 2, No 2 (2021): November 2021 Vol 2, No 1 (2021): May 2021 Vol 1, No 2 (2020): November 2020 Vol 1, No 1 (2020): May 2020