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[Penerapan Kebijakan Formulatif Pengaturan Pembuktian Terbalik Tindak Pidana Korupsi Gratifikasi ]]>
<![CDATA[Misael Asarya Tambunan]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9261
<![CDATA[This study aims to examine the formulative policy of reversing the provision of proof of the crime of graft corruption in the ius constitutum or positive law in Indonesia and the ius constituendum policy or future law in Indonesia. This research is a normative legal research. The results of the study show that the formulative policy for reversing proving of corruption in the ius constitutum or positive law in Indonesia is regulated in Article 12B of Law No. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes does not yet reflect justice and legal certainty. Article 12B 12B Law No. 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes which regulates Gratification is contrary to Article 27 paragraph (1) of the 1945 Constitution. This is related to the principle of equal rights. Likewise, the formulation of the Norms Article 12 B Paragraph (1) is contrary to the provisions of Article 37 of the Corruption Crime Act.DOI: https://doi.org/10.26905/mlj.v3i2.9261 ]]>
<![CDATA[Tinjauan Yuridis terhadap Pemeriksaaan Saksi dalam Perkara Pidana pada Persidangan secara Teleconference di Masa Pandemi Covid-19 ]]>
<![CDATA[Kurnia Aji Nugroho]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9213
<![CDATA[This study aims to examine the validity of remote witness examination (teleconference) at trials during the Covid-19 pandemic and the evidentiary power of remote witness examination (teleconference) at court hearings. This study uses normative legal research methods. The results showed that the use of teleconferences in criminal trials is legal / valid in order to obtain material truth, by applying the provisions of the Criminal Procedure Code in principle not violating the provisions of the applicable Law and as long as the witness meets the following conditions: a) Witnesses must first take an oath. b) Witness testimony is stated orally through audio-visual communication devices/ teleconference at the trial. c) The content of the testimony must be about what the witness saw, heard, and experienced, and mention the reason for the knowledge. d) The witness testimony is consistent with each other. The evidentiary power of testimony through video conferencing in criminal trials is strong.DOI: https://doi.org/10.26905/mlj.v3i2.9213]]>
<![CDATA[Penerapan Hukum terhadap Tindak Pidana Pengalihan Objek Jaminan Fidusia ]]>
<![CDATA[Sulianto Sulianto]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9219
<![CDATA[This study aims to examine the criteria for transferring fiduciary security objects into a criminal offense and the application of law in the case of criminal acts of transferring fiduciary security objects. This study is a nomrative legal research because it examines and analyzes the criteria for transferring fiduciary security objects according to the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantees. The results show that there are two criteria where the act of transferring the object of fiduciary guarantee becomes a criminal offense, namely: a) The act of transferring the object of fiduciary guarantee which is carried out without the written consent of the Fiduciary Recipient. b) The act of transferring the object of fiduciary guarantee which is carried out when the fiduciary encumbrance process is not carried out jointly between the creditor and the debtor, but only based on the standard clause, namely the granting of power from the debtor to the creditor in accordance with Article 18 paragraph (1) letter h of Law No. 8 of 1999 concerning Consumer Protection.DOI: https://doi.org/10.26905/mlj.v3i2.9219 ]]>
<![CDATA[Kebijakan Formulatif Pengaturan Perampasan Aset yang Berasal dari Tindak Pidana Korupsi ]]>
<![CDATA[Hardian Prasetya]]>;
<![CDATA[Teguh Suratman]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9215
<![CDATA[This study aims to formulate policies for regulating asset forfeiture from corruption crimes in ius constitutum or positive law in Indonesia and formulate policies for regulating asset forfeiture from corruption crimes in ius constituendum or future law in Indonesia. The method used in this study is normative legal research method. The results show that the formulative policy of asset forfeiture in positive law in Indonesia is still regulated in general and broadly in the Criminal Code, Law No. 20 of 2001 jo. Law No. 31 of 1999 on the Eradication of Corruption and Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. In addition, it is also regulated in PERJA Number: 013/A/JA/06/2014 concerning Asset Recovery, PERJA Number: PER-027/ A/JA/10/2014 concerning Guidelines for Asset Recovery and PERJA Number: 7 of 2020 concerning the Second Amendment to the Regulation of the Attorney General Number: Per-027/A/JA/10/ 2014 concerning Guidelines for Asset RecoveryDOI: https://doi.org/10.26905/mlj.v3i2.9215 ]]>
<![CDATA[Pemidanaan terhadap Anak sebagai Pelaku Tindak Pidana Terorisme ]]>
<![CDATA[Hengky Prasetyo]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9214
<![CDATA[This study aims to examine the criminalization of children as perpetrators of terrorism and the appropriate criminal sanctions against children as perpetrators of terrorism. This study uses normative legal research method because it examines and analyzes the criminalization of children as perpetrators of terrorism and the regulation of sanctions. The result of the study is that a child involved in terrorism network receives special protection from the state based on the mandate of UUPA considering that the child as a perpetrator of terrorism is actually a victim of the terrorism network itself. Regarding Child Perpetrators of Terrorism crimes, the SPPA Law has not regulated the handling of Child Perpetrators of terrorism. However, children are still children who must be protected and fulfill all their rights. The concept of criminal responsibility applied to adults cannot be applied to children as perpetrators of terrorism, as stipulated in Law No. 11/2012 on Juvenile Justice System.DOI: https://doi.org/10.26905/mlj.v3i2.9214]]>
<![CDATA[Penerapan Sanksi Denda Tilang Elektronik Traffic Law Enforcement (E-TLE): Berdasarkan Undang-Undang No. 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan ]]>
<![CDATA[Anjar Rudi Admoko]]>;
<![CDATA[Supriyadi Supriyadi]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9220
<![CDATA[This study aims to examine several things, namely the imposition of fines and obstacles in the application of Electronic Traffic Law Enforcement (E-TLE) fines in the Sura-baya City area and solutions in overcoming obstacles in the application of Electronic Traffic Law Enforce-ment (E-TLE) tickets to traffic violators in the Surabaya City area. The type of research used is the legal research method. The results showed that the application of E-tickets, the application of fines for electronic traffic law enforcement (E-TLE) tickets went smoothly. The number of violations encountered in the field during the process is motorcycle drivers not wearing helmets, violating markings, and violating speed limits. The solutions carried out in overcoming the obstacles that occur during the implementation of the electronic ticketing system are: a) Increase the number of CCTV installations on a number of roads in Surabaya City, b) Expand the socialization of electronic ticketing, and c) Reduce the name transfer fee.DOI: https://doi.org/10.26905/mlj.v3i2.9220 ]]>
<![CDATA[Prosedur Penyelidikan terhadap Tindak Pidana yang Dilakukan oleh Anggota TNI AD (Studi di Subdenpom V/4-3 Pamekasan) ]]>
<![CDATA[Maskun Maskun]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 3, No 2 (2022): November 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.v3i2.9432
<![CDATA[This study aims to examine and analyze the Investigative Procedures Against Criminal Acts Performed by Indonesian Army Soldiers in Subdenpom V/4-3 Pamekasan and the obstacles in the Investigation Procedures Against Crimes Performed by Indonesian Army Soldiers in Subdenpom V/4-3 Pamekasan. Using the interactive analysis model or Interactive Model of Analysis, it was found that the procedure for investigating crimes committed by TNI AD Soldiers at Subdenpom V/4-3 Pamekasan was in accordance with what was mandated in Chapter IV Part One Articles 69 to 98 of Law Number 31 of 1997 regarding military justice which contains an investigation starting from the existence of a police report, requirements for a police report, summons to suspects and witnesses, examination of suspects and sanctions, arrest and detention and carrying out of investigations. Obstacles in Investigating Procedures for Crimes Performed by Indonesian Army Soldiers are the lack of witness participation in providing information in the investigation process, there are still some investigators whose education level is still low, the limited number of personnel and the lack of budget for investigations.DOI: https://doi.org/10.26905/mlj.v3i1.9432]]>
<![CDATA[Konflik Kewenangan Penyidik Polisi Republik Indonesia dan Penyidik Badan Narkotika Nasional Dalam Menangani Tindak Pidana Narkotika ]]>
<![CDATA[Verdy Krishna]]>;
<![CDATA[Ferry Anggriawan]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 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.v4i1.11158
<![CDATA[This article aims to examine the authority of Polri investigators and National Narcotics Agency investigators in handling narcotics crimes and the regulation of the authority of Police Investigators and National Narcotics Agency investigators in handling narcotics crimes in the future. This research is normative, or doctrinal, juridical legal research which is also referred to as library research or document study, because it is mostly carried out on secondary data. The results of the research show that regarding the authority given by Law No. 35 of 2009 concerning Narcotics to investigators in handling narcotics crimes based on Article 75 of Law No. 35 of 2009 concerning Narcotics, it creates a blurring of norms, because it only includes the phrase BNN investigators are authorized so that the authority in article 75 of Law No. 35 of 2009 concerning narcotics, it is as if only BNN investigators own it. Based on article 81 of Law No. 35 of 2009 concerning narcotics, BNN investigators and National Police investigators are given the authority to enforce non-narcotics crime laws. So it is necessary to make judicial changes to article 75 of Law No. 35 of 2009 concerning Narcotics by removing the phrase BNN Investigators become Investigators so that there is no longer any legal ambiguity regarding who has the authority to implement the provisions in article 75 of Law No. 35 of 2009 concerning Narcotics .]]>
<![CDATA[Analisis Yuridis mengenai Diversi sebagai Bentuk Penyelesaian Perkara Pidana Anak dalam Pendekatan Restorative Justice ]]>
<![CDATA[Toman Febriandi Sibuea]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 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.v4i1.11160
<![CDATA[Children who are legal subjects and national assets, as part of the younger generation, children play a strategic role as the next generation of the nation, because this strategic role has been realized by the international community to give birth to a convention which essentially emphasizes the position of children as human beings who must receive protection for their rights. -his rights. The awareness to make criminal justice the last step in dealing with children in conflict with the law is reflected in the conventions agreed upon by countries in the world. But seeing the reality, the resolution of cases committed by children is still the same as adults, namely through the judicial process. The results will stamp the child as a convict who is worried that this situation will have a negative impact that can affect the mental and soul of the child. The formulation of the problem in this study is 1. What is the juridical analysis of Diversion as a form of solving juvenile criminal cases in the Restorative Justice approach? ? 2. Is the Diversion arrangement with the Restorative Justice approach appropriate to be applied in Crimes committed by children in Indonesia? The research method used is Normative Juridical Legal Research.First, The Restorative Justice approach can be seen from the various legal arrangements set forth in both national and international regulations. Second, Restorative Justice arrangements for crimes committed by children according to researchers are appropriate, with the existence of diversion and restorative justice it is hoped that they can provide support for the process of protecting children who are in conflict with the law. This is because the main principle of diversion and restorative justice is to prevent perpetrators of criminal acts from the formal criminal justice system and to provide opportunities for perpetrators to carry out alternative sanctions without imprisonment. Diversion is closely related to the concept of restorative justice, and can be applied if a naughty child is willing to admit his mistake, while at the same time giving the child the opportunity to correct his mistake. Diversion is a good form of intervention in changing the behavior of naughty children, with the involvement of the family, community and police, the child can understand the impact of his actions.]]>
<![CDATA[Kebijakan Legislatif Penanganan Perkara Tindak Pidana Perusakan Hutan yang Melampaui Limitasi Waktu Penyidikan ]]>
<![CDATA[Eduward Hutapea]]>;
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 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.v4i1.11134
<![CDATA[ The background of this study is the inability of investigators to always meet the deadline for examining criminal instances of forest destruction set forth in Article 39 of Law Number 18 of 2013 for the Prevention and Eradication of Forest Destruction. In fact, it is still discovered that investigators cannot finish the investigation until the time limit expires, the investigation is not continued by the Public Prosecutor, and there is a condition that the Public Prosecutor cannot finish the continuation of the investigation, which is crucial to investigate. In order to determine how the legislative policy of investigating cases of forest destruction exceeds the time limit and how to regulate the investigation of cases of forest destruction in the future based on the materials existing law, this research is normative in nature. It is conducted in literature using normative qualitative analysis methods and descriptive content analysis methods. The study's findings demonstrate that the time limit cannot be applied to all criminal investigations involving forest destruction due to a variety of factors. This, along with the fact that there is a P3H Institution that should have a uniform set of standards and the lack of technical provisions for investigators and public prosecutors, calls for a change in policy. Due to this, the study suggests that the time limit not be formulated in law but rather be regulated in technical provisions, completing technical provisions for investigations and complementing provisions for strengthening investigators due to the failure to realize the establishment of a P3H Institution. ]]>
