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MLJ Merdeka Law Journal
Published by Universitas Merdeka Malang
ISSN : 27227448     EISSN : 27227456     DOI : http://dx.doi.org/10.26905/mlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welcome to the official website of MLJ Merdeka 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. MLJ Merdeka Law Journal is a scientific publication affiliated with the Law Masters Program in the Merdeka Malang University Graduate Program, which was first published in 2020. The goal of the MLJ Merdeka Law Journal is as a forum for the exchange of ideas, studies, and results of research and scientific development in the field of law from academics and legal practitioners. The scope of the MLJ Merdeka Law Journal article is related to legal issues: constitutional law, administrative law, criminal law, civil law, international law, regulations, comparative law, and jurisprudence. Published articles have gone through a process of review and editing by the editor without changing the substance of the article. Published writing is the personal responsibility of the author and does not reflect the opinion of the publisher. More several other changes in MLJ Merdeka Law Journal are informed in the Journal History.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 4, No 2 (2023): November 2023 MLJ" : 7 Documents clear
Peran dan Kendala yang dihadapi Jaksa dalam Melakukan Pengawasan Terhadap Pelaksanaan Putusan Pidana Bersyarat Ramadhoni, Arief; Suratman, Teguh; Anggriawan, Ferry
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11531

Abstract

One form of alternative punishment that is quite often used in developing criminal offenders is conditional punishment. Conditional sentences are decided by a court judge with conditions, namely that their implementation is supervised by an authorized officer, intended to improve the convict so that he is not influenced by prison subculture, conditional sentences are also intended to prevent the occurrence of crime. Based on the background of the problem above, this article aims to examine and analyze the role of prosecutors in supervising the implementation of criminal decisions and the obstacles faced by prosecutors in supervising the implementation of conditional criminal decisions at the Sampang District Prosecutor's Office. This research uses legal science research with empirical aspects or non-doctrinal legal research or socio-legal research with a descriptive qualitative research approach. The results of this research are the implementation of supervision of conditional criminal decisions carried out by prosecutors at the Sampang District Prosecutor's Office only by requiring convicts to report within a certain period of time (during the probation period), in addition to coordinating with the police, BAPAS and with the heads of the villages where they are located. the conditional convict's domicile for monitoring by sending a copy of the conditional sentence notification report letter (P-51). The obstacles faced by prosecutors at the Sampang District Prosecutor's Office in implementing supervision of conditional criminal decisions are; legal factors, law enforcement factors, facility factors and community legal culture factors.
Peran Kejaksaan Negeri Malang dalam Upaya Pemberantasan Tindak Pidana Narkotika Putra, Ivan Praditya; Sabrina, Nahdiya; Ghufron, M.
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11532

Abstract

The Prosecutor's Office, as one of the government institutions that provides public services in terms of law enforcement as an effort to eradicate narcotics, has the task of carrying out prosecution of criminal cases and investigation of certain criminal acts as well as other tasks stipulated by law. This research will examine the role of the prosecutor's office in efforts to eradicate narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office and what are the obstacles in eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office. The method used in this research is the empirical legal method. The results of this research state that the role of the Prosecutor's Office in eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office is carried out through penal policy. Then, the obstacles in preventing and eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office can be viewed from legal factors, law enforcement factors, means and facilities in law enforcement, community factors and cultural factors.
Kajian Kewenangan Kepala Daerah dalam Pemberian Izin Pertambangan di Kalimantan Timur Tohari, Aulia Rahman; Indrayanti, Kadek Wiwik
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11527

Abstract

This article identifies and analyzes the authority of provincial regionalgovernments in issuing mining permits based on Law Number 23 of 2014concerning Regional Government and Abuse of authority by Provincial Regional Governments in issuing mining business permits. The research method used is a normative legal research method. The results show that the authority to issue mining permits based on Law Number 23 of 2014 concerning Regional. Government is divided between the Regional Government and the Provincial Government. The authority to issue mining permits based on the concept of regional autonomy is more appropriate if it is owned by the regional government because the local government understands and knows their respective regions better. Furthermore, regarding licensing in the mineral and coal mining sector in the era of regional autonomy with the issuance of Law Number 22 of 1999 and updated with Law Number 32 of 2004 concerning Regional Government, Law Number 11 of 1967 concerning the principal principles of mining was originally is centralized and then adapts to the Regional Government Law to become decentralized. So that the government’s policy on licensing aspects in the mining sector in its implementation becomes overlapping between the authority of the Minister and the authority of the regent in granting permits for mining activities, resulting in misuse by the mining permit mafia by buying and selling permits, which in the end many permits are issued without following forest protection or sustainability rules. environment.
Diversi Sebagai Bentuk Penyelesaian Tindak Pidana Penganiayaan yang dilakukan oleh Anak Melalui Pendekatan Keadilan Restoratif Mushesi, Fitri Silvia; Setiyono, Setiyono
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11533

Abstract

Criminal acts of abuse can be diverted based on the principles of restorative justice on the grounds of protecting the rights of children as victims and the rights of children as perpetrators. Resolution using the principles of restorative justice in the justice system is only carried out at the investigation stage. The formulation of the problem taken in this research is, first, how is diversion implemented as a form of resolving cases of criminal acts of abuse committed by children through a restorative justice approach in the jurisdiction of the Banjarmasin Police, second, what are the obstacles for investigators in implementing diversion as a form of resolving cases of criminal abuse committed? By children through a restorative justice approach. The research method used is empirical legal research. The results of the research show that the application of restorative justice in criminal acts of abuse committed by children at the Banjarmasin Police has carried out restorative justice efforts in accordance with applicable regulations and procedures that have been in force, although the results of the resolution of cases of criminal acts of abuse committed by children are not yet complete. Successful, and the success rate only reached 8.33%, and the obstacles faced in resolving cases of criminal acts of abuse committed by children are, a) In terms of Human Resources, Facilities and Infrastructure.
Strategi Komunikasi Politik Pemilu Legislatif menurut Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum di Provinsi Kalimantan Timur Murni, Murni; Supriyadi, Supriyadi
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11528

Abstract

This article examines and analyzes political communication strategies in legislative elections in East Kalimantan province using an ethnicity approach and the implementation of the Legislative election system according to Law Number 7 of 2017 concerning general elections. The research method used is the normative legal research method. The results of this research show that the communication strategy implemented by the legislative branch has been successful in its main form, generally in its form, namely focusing on the aspects of communication, mediation, competition/issue, and khailaiyaik saisairain. This fulfills the four components of kaimpaiye communication, namely; communicator, competitor, mediation of audience data. The factors that influence the success of the legislative pair's success include the ability to self-image, the player's ability to socialize with family/friends, the support group, the availability of the campaign, the performance of the legislative election and the success of the candidate's election. Furthermore, the implementation of Law Number 7 of 2017 in the 2019 elections in East Kalimantan, especially Samarinda City, the election organizers have implemented it in accordance with the Election Law.
Penerapan Asas Keterbukaan Informasi Publik pada Institusi Tentara Nasional Indonesia dikaitkan dengan Data Kerahasiaan Negara Saputro, Dwi Suryo; Satriya, Bambang
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11529

Abstract

This article examines and analyzes the application of the principle of openness in the Indonesian National Army institution while maintaining state secrets and the obstacles experienced as well as the efforts of the TNI institution in implementing the principle of openness to public information while maintaining state secrecy. The method used is an empirical legal research method and uses a sociological approach. The results show that state secrets should be part of national security which has an important role in safeguarding strategic/tactical information owned by a country/government. The existence of state secrets must also not compromise the interests of citizens. State secrecy practices directly and indirectly are of course related to individual rights and freedoms which must also be protected. This provision is regulated in Article 17 letter c of the KIP Law which stipulates that every Public Body is obliged to provide access for every Public Information Applicant to obtain public information, except for public information which, if opened and given to the Public Information Applicant, could endanger the defense and security of the State. The application of the principle of openness in the Indonesian National Army Institutions while maintaining state secrets is carried out by classifying information, objects and activities of the Indonesian National Army according to the provisions of Article 17 of the Law on Openness of Public Information. If the leak of information, objects and activities from the Indonesian National Army can cause various problems including the loss of state sovereignty and the disintegration of the nation, then this information, objects and activities are state secrets which must not be shared with the public. Furthermore, the obstacle in implementing the principle of openness while maintaining state secrets is in terms of human resources, where TNI members do not really understand the rules regarding matters that can be categorized as state secrets and those that are not. Apart from that, suboptimal supervision could also be the cause of the principle of information disclosure not being implemented properly in TNI institutions.
Penerapan Hak-Hak Nelayan Buruh di Wilayah Pantai Muncar Banyuwangi Safi'i, Nurul; Mochtar, Dewi Astutty; Ariyanti, Ariyanti
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11530

Abstract

This article aims to examine and analyze the implementation of protection for fishing workers and the efforts that can be made by parties to improve the conditions of fishing workers in Muncar Banyuwangi, East Java, Indonesia. The method used in compiling this scientific article is the empirical legal research method. The types of data used are primary data and secondary data. Primary data was obtained by conducting interviews with ship owners and fishermen workers. The results show that regulatory protection for fishermen workers has been provided. With the existence of Law Number 31 of 2004 concerning Fisheries and the existence of Presidential Instruction Number 15 of 2011 concerning Fisherman Protection. And it is hoped that it will be even better with the promulgation of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers. However, the implementation of legal protection was not carried out due to a lack of intensive socialization of related parties and a lack of awareness of ship/boat owners and fishermen workers regarding safety equipment. Lack of awareness of ship/boat owners and labor fishermen in the Muncar coastal area of Banyuwangi district in providing safety equipment. This is because ship owners and fishermen workers think that disasters come from God, and when the time comes for a disaster, they will definitely suffer. Apart from that, the use of safety equipment is only a distraction when working fishermen are pulling nets, so most of the crew members or working fishermen are reluctant to use safety equipment. Given these obstacles, there is a need for outreach activities and legal action for boat owners who do not comply with the rules for using safety equipment.

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