MLJ Merdeka Law Journal
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.
Articles
69 Documents
<![CDATA[Kebijakan Hukum Pidana Kurungan sebagai Pengganti Pidana Denda dalam Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Nur Habib Auliya]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 2, No 2 (2021): November 2021 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v2i2.7159
<![CDATA[This article aims to examine and analyze the regulation of fines in the Anti-Corruption Law, and future legislative policies regarding imprisonment as a substitute for fines in corruption cases. This research includes normative legal research (doctrinal) with a legal approach. The results show that the policy of determining the amount of fines clearly deviates from the policy of the Criminal Code as its parent law, both in terms of the number/size which has increased many times, as well as the adoption of a Special Minimum System in addition to a Special Maximum. In terms of determining the amount of fines contained in various special crimes in the laws and regulations in Indonesia, one of which is the Anti-Corruption Law which turns out to show a pattern of formulating the amount of fines that is different (inconsistent) with each other. Legislative policy regarding imprisonment as a substitute for fines in future corruption cases can be pursued by formulating criminal law as in the RKUHP in the form of the convict not paying the fine imposed on him, then he is subject to the taking of assets or the convict's opinion in accordance with the criminal law.DOI: https://doi.org/10.26905/mlj.v2i2.7159]]>
<![CDATA[Urgensi Penyidik Pegawai Negeri Sipil dalam Penegakan Hukum Tindak Pidana di Bidang Lingkungan Hidup ]]>
<![CDATA[Kresna Adicandra]]>;
<![CDATA[Teguh Suratman]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v1i1.4289
<![CDATA[This study analyzes the urgency of civil servant investigators in law enforcement in environmental matters. The method used in this research is normative legal research using the Legislation approach and conceptual approach. The legal material used includes primary, secondary and tertiary legal materials, with the analysis of the chosen legal material being descriptive analysis. The results showed that the urgency of civil servant investigators as criminal investigators in the environmental field in the criminal justice system is an investigation based on special abilities from the results of technical skills training held by PPNS for criminal acts in the environmental field in relation to criminal acts. The existence of PPNS in the environmental field was presented because investigators (Polri) faced certain obstacles in investigating criminal acts in the environmental field.DOI: https://doi.org/10.26905/mlj.v1i1.4289.]]>
<![CDATA[Kebijakan Pertanggungjawaban Pidana terhadap Pelaku Kelompok Kriminal Separatis Bersenjata (Studi Kasus Organisasi Papua Merdeka) ]]>
<![CDATA[Ferdinand Sulteng]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 2, No 1 (2021): May 2021 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v2i1.6668
<![CDATA[The many years of conflict that occurred in Papua and Aceh in the past, must be seen epistemologically every incident that occurred in the area. There is a common thread in every conflict that occurs there, whether involving separatist movements or purely because of the dissatisfaction of the Papuan people due to legal products in the form of government policies and decisions issued for the area. It is not without reason that someone acts as a separatist against the state, as well as before the territory is declared out of the country, then legally all the people in the area still have rights that must be protected by the state. This means that before Papua leaves the territory of the Unitary State of the Republic of Indonesia, Papuans and separatists who live there are still Indonesian citizens and have the right to have their rights protected for Indonesia. The problems that will be investigated in this research are the Criminal Law Policy Against the Actors of the Armed Separatist Criminal Group and how is the criminal responsibility for the perpetrators of the Armed Separatist Criminal Group in Indonesia]]>
<![CDATA[Perlindungan Saham Minoritas PT (Persero) Dalam Pembentukan Anak Perusahaan BUMN ]]>
<![CDATA[Hamanda Tiara Emanuella]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.7929
<![CDATA[BUMN (Persero) is regulated in Law Number 19 of 2003 concerning BUMN. In practice BUMN (Persero) is subject to Law Number 40 of 2007, which regulates the rights of shareholders. However, when the Persero BUMN established a subsidiary based on a GMS decision, where the majority shareholder sided with it, which made the rights of minority shareholders neglected. The aim of the research is to analyze the pattern of protection for minority shareholders of PT (Persero) according to the corporate legal system and legal remedies for minority shareholders in protecting their rights to action. This research is normative legal research with the nature of descriptive analysis research. The results of the study are that legal protection for BUMN minority shareholders is regulated in the BUMN Law and the Limited Liability Company Law, but there are rights of minority shareholders which are only fulfilled if they receive support from the majority shareholders, so that the sense of justice for minority shareholders not protected, but there are efforts to resolve disputes that can be pursued both through litigation and non-litigation, especially Unlawful Acts (1365 BW) with the mechanism stipulated in the Company Law.DOI: https://doi.org/10.26905/mlj.v3i1.7930]]>
<![CDATA[Peranan Hakim Pengawasan dan Pengamat dalam Pelaksanaan Pembebasan Bersyarat di Masa Covid-19 ]]>
<![CDATA[Apolinaris Hadiwikarta]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.7926
<![CDATA[Supervisory judges and observers judges are appointed for two years Specifically to supervise and observe inmates while Serving their sentences in correctional institutions as the implementation of the judge's decision, regarding the behavior of inmates and officers towards the inmates. The granting of parole during the Covid-19 is regulated in the regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 10 of 2020 concerning the Conditions of granting assimilation and integration rights for Convicts and children in the context of preventing and overcoming the spread of covid-19. The legal research used is empirical legal research, means data obtained from Supervisory judges and observers as the first Source through field research, which was carried out by observation. Supervisory judges and observers have no role in the parole process. Policies the implementation of parole during covid-19, Supervisory judges and observers make visits to the class 11 B detention Center to inform the inmates who are eligible to get parole during Covid-19. In carrying out their duties, they cannot work optimally, there are many shortcomings that occur in Various ways that hinder the workDOI: https://doi.org/10.26905/mlj.v3i1.7926]]>
<![CDATA[Status Hukum Penjatuhan Pemutusan Hubungan Kerja dengan Alasan Efisiensi Perusahaan Dampaknya terhadap Eksistensi Perusahaan dari Sudut Pandang Normatif ]]>
<![CDATA[Maria Sisilia Lou Kelen]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.7927
<![CDATA[This research aims to find out how the legal status of termination of employment (PHK) on the grounds of company efficiency as stipulated in Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation, and also to find out how the impact of violating these rules on the existence or existence or legal status of the company or business entity. This research is a normative legal research which is a procedure for finding truth based on scientific logic from the normative side. The approach used in this research is a statutory approach and comparative approach, which is an approach carried out by comparing laws in one country with other countries or laws from a certain time and laws from another time. The results show that companies or employers who violate the provisions of Article 164 paragraph (3) of the Manpower Law and Constitutional Court Decision Number 19/PUU-IX/2011, both the decision letter of termination of employment (PHK) and the existence or existence of the company are declared null and void and contrary to the 1945 Constitution. Followed by the existence of a norm vacuum regarding the legal consequences if the company is not permanently closed, what is not clearly regulated in the new regulations, namely the Job Creation Law and Government Regulation Number 35 of 2021. The norm vacuum also occurs regarding the process of closing companies that carry out layoffs on the grounds of efficiency. It can be said that neither the old laws and regulations, nor the latest laws and regulations provide legal certainty for the parties.DOI: https://doi.org/10.26905/mlj.v3i1.7927]]>
<![CDATA[Hak Mewaris Anak yang Lahir dari Perkawinan Campuran Beda Kewarganegaraan ]]>
<![CDATA[Devin Irwan Jinoto]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.7930
<![CDATA[Based on Law Law No. 12/2006 on Citizenship of the Republic of Indonesia has determined the status of children born from mixed marriages of different nationalities is the granting of dual citizenship to the child until the child is 18 years old or before the age of 18 years but has been married and the limit of applying for citizenship elections to choose and follow the citizenship of the mother or the citizenship of the father is for 3 years after the age of 21 years. and for the right to inherit children born from mixed marriages of different nationalities is to use BW (Burgelijk Weetbook) inheritance law, namely children born from mixed marriages of different nationalities will inherit the assets of their parents using the division of inheritance group I (one), which is based on the nuclear family of inheritance division whose heirs only consist of the husband / wife of the heir and the children of their parents / the heirDOI: https://doi.org/10.26905/mlj.v3i1.7930]]>
<![CDATA[Perlindungan Hukum Konsumen Pengguna e-Banking: Ditinjau dari Undang-Undang Perlindungan Konsumen dan Undang-Undang Perbankan ]]>
<![CDATA[Silvia Wisuda]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.9176
<![CDATA[The purpose of the research is to analyze the legal protection of e-banking users, and the rules needed to perfect the legal protection of e-banking users. This research is a normative legal research that focuses on literature research. The results show that in Indonesia, e-banking transactions are currently not fully protected. Forms of legal protection for customers/consumers from abuse of circumstances in standard agreements according to Law Number 8 Year 1999. Implementation of consumer protection for e-banking service users is carried out by emphasizing the aspects of e-banking technology security, customer complaints, and consumer education. In terms of technological security, 3 principles are applied, namely confidentiality, integrity and availability. Improvement of consumer protection is done by cooperation, increased coordination, online information exchange and designated contact person by involving various parties to reduce the occurrence of crime against the e-banking system. DOI: https://doi.org/10.26905/mlj.v3i1.9176]]>
<![CDATA[Lembaga Arisan Online dalam Perspektif Hubungan Hukum Perjanjian ]]>
<![CDATA[Era Fasira]]>;
<![CDATA[Ali Imron]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.7928
<![CDATA[The purpose of this research is to analyze the Arisan Online Institution in the Perspective of Agreement (Contract) Legal Relations. The existence of arisan institutions is a form of kinship relationship among local communities based on the principle of helping each other, mutual cooperation. Its existence from the past until now seems to want to say a million benefits. It is now not just a place to save money. When viewed from the contractual relationship, it is a form of association regulated in Article 1653 of the Civil Code. There is a legal relationship between participants and managers in an arisan that is mutually agreed upon. The arisan relationship arises because of the agreement. From the agreement, rights and obligations arise. Participants have obligations that must be fulfilled, namely paying a sum of money according to the amount of arisan, while the manager is obliged to pay to participants if participants get arisan motels. The legal relationship between the collection of arisan arisan funds is that each independent collects a certain amount of funds, which will then be paid to each member in turn in the same value based on the agreement that has been made. This legal relationship is analogous to mutual insurance as stipulated in Article 286 of the KUHDDOI: https://doi.org/10.26905/mlj.v3i1.7928]]>
<![CDATA[Aspek Hukum Perjanjian dalam Sistem Shopee Spinjam pada Kegiatan Kredit Online di Indonesia ]]>
<![CDATA[Vivi Sylvia Purborini]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26905/mlj.v3i1.9262
<![CDATA[This research aims to analyze the legal concept of a credit agreement when viewed from the Civil Code and how the concept of the Shopee SPinjam credit agreement on the Shopee application. This research is a normative legal research with a statutory approach method and a comparative approach. The results showed that the credit agreement on Shopee SPinjam when viewed from civil law is in accordance with what is regulated in the Civil Code and related regulations such as the implementing rules of Shopee SPinjam. So that from the review of civil law the position of the Shopee SPinjam credit agreement is considered valid. The legal consequences of the Online Money Lending Agreement in the perspective of Civil Law have binding legal force for the parties as agreements in general. However, there is something that must be considered, namely the interest rates of both because with high interest rates the agreement can be canceled. The government through Bank Indonesia or the Financial Services Authority must immediately make regulations regarding restrictions on loan interest or regulations related to Reasonable Interest Rates for loans and financial technology. The determination of interbank bidding rates will reduce the complexity of financial contracts by encouraging the standardization of the use of benchmark interest rates on debt securities and/or loans with floating interest rates, rupiah interest rate derivatives and also for valuation of financial instruments. In addition, the government must ensure supervisory authority and provide protection for users and providers of financial technology with certaintyDOI: https://doi.org/10.26905/mlj.v3i1.9262]]>
