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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 9 Documents
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Search results for , issue "Vol 5, No 1 (2024): May,2024" : 9 Documents clear
Customary Law and Indigenous Peoples in The National Legal System Supriyadi, Supriyadi
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14315

Abstract

Customary law, as a dynamic legal system within society, is highly flexible because it is not constrained by formal procedures and can adapt to societal changes and needs. However, its weakness lies in the aspect of legal certainty due to its unwritten nature and the uncertainty regarding its commencement and cessation. In contrast, statutory regulations and agreements are formalized by authorized bodies, making the hierarchical position of customary law within statutory regulations unclear. Despite this, many countries, including Indonesia and India, recognize and respect customary law through constitutional or statutory acknowledgements, including the rights of Indigenous communities. This study focuses on the status and role of customary law and indigenous peoples within the national legal systems of Indonesia and India, as well as its function in managing societal life. The objectives are to describe and analyze the existence of customary law and indigenous peoples in both countries' legal frameworks and to examine the role of customary law in addressing societal and legal issues. The study employs a normative legal approach, utilizing statutory and conceptual analyses. The anticipated contribution of this study is twofold: theoretically, it aims to advance legal science, particularly in the development of Customary law concerning national legal systems; and practically, it seeks to provide insights for legal practitioners, judges, government officials, and communities in resolving legal matters, both within and outside the court system. Additionally, the study aims to offer valuable legal source materials for law and regulation formation based on living law. The study is expected to serve as a reference, especially for research on the position and role of Customary law in national law contexts.
Analisis Yuridis Sosiologis Pelaksanaan Pengendalian Aksi Massa di Stadion Kanjuruhan Kepanjen Enggalani, Budiarso; Suratman, Teguh
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14002

Abstract

The tragedy that occurred at Kanjuruhan Stadium, Malang Regency on October 1, 2022, became a widely spotlighted event. On that day, a football match between Arema and Persebaya ended in riots that resulted in 131 deaths and hundreds of injuries. A case study of the Kanjuruhan Stadium tragedy is important to analyze whether the mass control strategies implemented by the Indonesian National Police (Polri) were in line with the established regulations and the police code of ethics that uphold human rights. Based on this background, the author will analyze firstly; what were the obstacles faced by the Riot Control Unit (PHH) of the Brimob unit of Polri in managing the mass action at Kanjuruhan Stadium, Malang Regency on October 1, 2022, in reference to Perkap NRI No. 1 of 2009 and Protap No. 1/X/2010, and secondly; how is the juridical-sociological analysis of the standard strategies of the Riot Control Unit (PHH) of the Brimob unit of Polri in managing mass actions according to Perkap NRI No. 1 of 2009 and Protap No. 1/X/2010. In this research, the author employs the Empirical Juridical Analysis method. Based on the results of this study, it can be concluded that the obstacles faced by the Riot Control Unit (PHH) of the Brimob unit of Polri in managing the mass action at Kanjuruhan Stadium, Malang Regency, are hindered by a paradigm, particularly among law enforcement officers, that views the incident as a disaster. The legal process of the Kanjuruhan tragedy did not receive extensive media coverage. The supervision by the DPR's Commission III over its partners such as Polri and the Ministry of Law and Human Rights has not been carried out in detail. The Standard Strategy for Mass Control by the Riot Control Unit (PHH) of the Brimob unit of Polri According to the Applicable Provisions. The implementation of the mass control strategy by the Riot Control Unit (PHH) of the Brimob unit of Polri at Kanjuruhan Stadium, Malang on October 1, 2022, according to the applicable provisions, includes pre-emptive measures, which are initial actions taken by the police in issuing warnings and approaching riot groups to maintain order. Preventive measures are efforts carried out by the police in performing their duties according to standard procedures (Protap). Repressive measures are the last actions taken by the police when the riot has become uncontrollable.
Penjatuhan Pidana Kepada Pelaku Tindak Kekerasan Terhadap Istri Dalam Rumah Tangga Di Kota Soe (Studi Pada Putusan No. 39/Pid.Sus/2018/PN Soe). Tagela, Yansen Umbu; Setiyono, Setiyono; Suratman, Teguh
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14017

Abstract

Domestic violence (DV) is an issue that affects many societies,especially women, globally. This research aims to analyze theimposition of penalties against perpetrators of violence against wiveswithin households in Soe City, focusing on the case study of DecisionNo. 39/Pid.Sus/2018/PN Soe. This study employs a normative legalapproach through the analysis of legislation and a case study. Themain findings indicate that the imposition of penalties in thementioned decision does not fully reflect the expected justice.Firstly, the issue of non-comprehensive judicial considerations standsout. Judges tend to focus on individual defendant factors, such as thepresence of witnesses and criminal history, while aspects of social andpsychological impact on the victim receive inadequate attention.Secondly, the inadequacy of imposed sentences is evident. Despitebeing    grounded    in    relevant    legal    provisions,     the    one-yearimprisonment sentence for the defendant is deemed inappropriategiven the severity of the violence committed.The injustice in imposing penalties can convey the impression thatDV is trivialized by the judicial system, eroding the dignity ofvictims and undermining public trust in law enforcement. Theunaccounted social and psychological consequences in the verdict alsocarry significant implications for victims and society. To address this,it is recommended to provide training for judges on the social andpsychological impacts of DV, adopt a holistic approach in caseassessment, seek expert consultation, and consider a restorativejustice approach in enforcement. By taking these steps, it is hopedthat the judicial system can better reflect values of justice andprotection for DV victims.
Peran Kepolisian dalam Penerapan Diversi Konsep Restorative Justice Terhadap Anak Pelaku Tindak Pidana Penganiayaan di Kabupaten Berau Kalimantan Timur Purba, Tommi Kardo; Setiyono, Setiyono
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14003

Abstract

Children are subjects of criminal offenses as stated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which refers to children involved in criminal acts. Legal protection measures for children involved in criminal offenses come in various forms. One such form of legal protection is through a restorative justice approach. Based on the case study analyzed in this research, the author formulates the following issues: what is the concept of implementing restorative justice in Indonesia, what is the role of law enforcement, particularly the police, in the application of restorative justice, and what are the obstacles to implementing restorative justice at the Sambaliung Police Station, Berau Regency, East Kalimantan? The results of this study indicate that the goal of restorative justice is to restore damaged relationships, support the rehabilitation of offenders, and provide opportunities for victims to express their wishes and seek restitution. The obstacles faced by the Sambaliung Police Station in Berau Regency, East Kalimantan, are influenced by several factors, including the level of awareness of juvenile offenders, who may not fully understand the impact of their actions, fear or shame, particularly among juvenile offenders, to openly discuss their actions with victims, and the disagreement of victims' families regarding resolutions through restorative justice.
Peran Kantor Pertanahan Kota Batu dalam Pelaksanaan Program Percepatan Redistribusi dan Legislasi Tanah di Desa Tulungrejoa Harisman, Harisman; Imron, Ali
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14033

Abstract

Land within the territory of the Republic of Indonesia is one of the main resources, which, in addition to having profound intrinsic value for the Indonesian people, also serves a very strategic function in fulfilling the increasingly diverse and growing needs of the population. The city of Batu still possesses land that is state-owned, inherited from the Colonial Dutch era, which can be utilized for the welfare of Batu's citizens. Given this reality, the author has chosen the title "The Role of the Land Office of Batu City in Implementing the Accelerated Program of Land Redistribution and Legalization in Tulungrejo Village." Based on this title, the issues addressed in this research are: what is the urgency of implementing the Agrarian Reform Program in Batu City, and what are the strategies and steps taken by the Land Office of Batu City in executing the Land Redistribution and Legalization Program in Tulungrejo Village, Batu City. This legal research is based on empirical legal research methods, with a specific systematics and thought process, aiming to study one or several specific legal phenomena. The research findings indicate that, firstly, through the Agrarian Reform Program, Batu City can preserve fertile agricultural lands, provide legal certainty to farmers, increase access to financial resources, reduce poverty levels, and encourage investment in the agricultural sector. Furthermore, through area identification, good socialization, data collection, verification, and issuance of land certificates, the Land Office of Batu City can provide legal certainty to landowners and the local community.
Implementasi Keadilan Restoratif Terhadap Penyelesaian Tindak Pidana di Wilayah Polres Malang Mustofa, Choirul
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14035

Abstract

Restorative justice emerged from the concept of criminal law reform. The Indonesian Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) do not recognize the concept of out-of-court/non-litigation resolution. Therefore, when there is a reconciliation between the disputing parties, the case does not necessarily have to proceed to court. Throughout 2021 until March 2022, the Indonesian National Police (Polri) resolved 15,039 cases using restorative justice, an increase of 28.3% from the previous year's 9,199 cases. The main principle of restorative justice is law enforcement that always prioritizes restoring the situation to its original state and reinstating good relationships within the community. Based on the background description, this article examines and analyzes the implementation of restorative justice and the obstacles to resolving criminal offenses at the investigation and inquiry levels at the Malang Resort Police. This research is an empirical legal study, collecting primary data sources in the Malang Police jurisdiction. Data indicate that resolutions through restorative justice have increased each year: 2019: 2,415 reports, 180 cases (7.5%) resolved; 2020: 1,517 reports, 226 cases (14.9%) resolved; 2021: 1,263 reports, 160 cases (12.7%) resolved; 2022: 1,065 reports, 209 cases (19.6%) resolved; 2023: 1,140 reports, 273 cases (23.6%) resolved. This increase has a positive impact as it aligns with the principles of criminal justice that are simple, quick, and low-cost, avoiding the necessity to bring cases to trial. The main obstacle in implementing restorative justice is the failure to reach a peace agreement between the victim and the perpetrator.
Kajian Yuridis Penyelesaian Wanprestasi Pada Bank Perkreditan Rakyat dengan Skema Kredit Linkage Elfarinda, Laila; Mochtar, Dewi Astutty; Wisnuwardhani, Diah Aju
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.13996

Abstract

In the Linkage product, banks provide facilities for BPR (Rural Banks) to obtain credit facilities of significant amounts to ensure smooth operations and productive capital for debtors in need. Additionally, the guarantees used are in the form of Asset Replacement or Nominative Performing Loans. The list of Nominative Performing Loans provided by BPR includes the names of borrowing debtors, personal data of the BPR debtors, including identification numbers, addresses, telephone numbers, account numbers at the BPR, and the credit limits utilized. This creates legal issues in the event of default regarding loans that are not secured by valuable assets. This research is conducted using a normative legal approach, where the author will delve into positive legal norms and other legal literature. The research questions raised are: What is the process of credit agreements under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral and how is the resolution process for defaulting debtors under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral. The research findings indicate that the credit agreement process under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral is valid in contractual law, as it meets the validity requirements stipulated in Article 1320 of the Civil Code. Furthermore, the resolution process is carried out through judicial procedures, namely by filing a default lawsuit accompanied by a request for asset seizure against the debtor's property, as regulated in Article 1131 of the Civil Code.
Penerapan Hukum dalam Tindak Pidana Penipuan dan Penggelapan Terkait Jaminan Fidusia Waskito, Indra; Sabrina, Nahdiya
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14037

Abstract

Fiduciary is a process of transferring ownership rights to an object based on trust, provided that the object remains in the control of the owner of the object. The implementation of this form of engagement is a hire purchase agreement between the creditor and the debtor, where this engagement does not always run smoothly. There are times when the debtor commits embezzlement, namely by deliberately transferring the hand of the fiduciary collateral object without the creditor's permission. The purpose of this research is to examine the application of legal regulations to debtors who commit criminal acts of fraud and embezzlement related to fiduciary guarantees and the basis for consideration by Supreme Court Judge Number 485 K/Pid/2020. The research method used is normative juridical. The results of this research include that in the Fiduciary Guarantee Law there are criminal sanctions for debtors (fiduciary givers) who commit acts of transferring fiduciary collateral objects without prior approval from the fiduciary recipient (creditor). Meanwhile, in the Criminal Code it is included in the crime of embezzlement, namely Article 372. The basis for the judge's consideration in deciding the case is 1). Whereas the defendant has been proven to have harmed the victim witness; 2). The defendant did not return the victim's losses.
Implementasi Kewajiban Tanggung Jawab Sosial Perseroan Terbatas Bidang Sumber Daya Alam di Kabupaten Kutai Barat Sopian, Agus; Indrayanti, Kadek Wiwik
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14001

Abstract

The legal product in the form of a Regent's Regulation issued by the West Kutai Regency Government which specifically regulates Guidelines for the Implementation of Corporate Social Responsibility is a form of control function over companies operating in the West Kutai Regency area by the West Kutai Regency Government. Based on the description above, this article examines and analyzes the Implementation of the Social Responsibility Obligations of Limited Liability Companies in the Natural Resources Sector Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency and the factors that hinder its implementation. The research method used in this research is an empirical legal research method. Trubaindo Coal Mining in implementing the Regulations on Limited Liability Company Social Responsibility Obligations in the field of natural resources based on Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency has implemented the company's corporate social responsibility in accordance with the program required by the people of Muara Begai Village. Meanwhile, the inhibiting factors that arise in implementing implementation are not being able to differentiate between needs and desires, there are several groups that prioritize personal interests rather than the people at large, of course this will interfere with the company in grouping the right groups that require Corporate Social Responsibility. The lack of Human Resources (HR) cannot be denied as an inhibiting factor and unforeseen things such as natural disasters such as floods, make it impossible to carry out scheduled Corporate Social Responsibility programs.

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