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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 69 Documents
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Implementasi Peraturan Mahkamah Agung Nomor 4 Tahun 2020 dalam Perkara Narkotika Pasca Pandemi (Studi Kasus di Pengadilan Negeri Kepanjen Kabupaten Malang) Asma F; Supriyadi Supriyadi
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11400

Abstract

Supreme Court Regulation No. 4 of 2020 aims to guarantee the right of the accused to obtain prompt legal certainty for the criminal offence alleged to him through trial without undue delay. After the Covid-19 pandemic, how did Perma's execution take place in Kepanjen State Court. The issues in this study include: how the implementation of the Supreme Court Regulation No. 4 of 2020 in the case of post-pandemic narcotic drugs covid-19 and whether the obstacles to the application of the Rules of the High Court No. The method used in this research is empirical jurisprudence, i.e. primary data or data obtained directly from the research site as well as secondary data that comes from legislative regulations and books. The results of the study revealed that the State Court for the Post-Covid-19 pandemic in conducting the trial is still being conducted online due to difficulties in presenting the accused. So the most effective thing to do is an online trial. There are rules on the legality of electronic proceedings through the Supreme Court Regulation No. 4 of 2020 on Administrative and Criminal Proceedings in Electronic Courts.
Remission for Corruptors and the Challenges of Corruption Eradication in Indonesia Herdian Malda Ksastria; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11155

Abstract

Granting of remission for prisoners has been set in the Correctional Act 1995 (UU No. 12 Tahun 1995 Tentang Pemasyarakatan) and granting remission for corruptors has been set specifically in Government Regulation on the second amendment of Government Regulation No. 99 of 2012 on the requirements and procedures on granting the rights of the convicted person. However, this policy will injure the public’s sense of justice. It is because the corruption is harmful for the society and State, eventhough the law justifies on granting of remission for corruptors. From the point of view of human rights, corruption has been recognized as the violation of social and economic rights of the people. Therefore, corruption should no longer be classified as an ordinary crime, but extraordinary crime. The penalty for corruptors commonly tends to be mild from time to time, especially due to the granting of remission. The paper aims to discuss on the policy of granting remission for corruptors based on the philosophical, sociological, historical and juridical views. By using the normative qualitative method, the researcher found this policy has the challenges in corruption eradication in Indonesia because such policy is contrary with the spirit of government in corruption eradication in Indonesia and remission will remove the objective of sentencing.
Analisa Penerapan Restorative Justice pada Perkara Pencurian oleh Anak yang Berhadapan dengan Hukum Adi Herlambang; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11156

Abstract

Restorative justice is implemented in Law Number 11 of 2012 concerning the juvenile justice system which upholds the dignity of the child. The application of restorative justice to criminal acts by minors is a very interesting theory to study and research because in addition to discussing justice, restorative justice is also a balanced justice system because it can provide protection and appreciation as well as the interests of the victim and the perpetrator in conflict. . The formulation of the problem in this study 1. How is the application of Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Luwuk Police, Central Sulawesi? 2. What are the obstacles in implementing Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Police? The research method used is empirical legal research. Children who commit criminal acts of theft are in accordance with the provisions of law number 11 of 2012 concerning the juvenile justice system regarding the implementation of diversion. In the application of restorative justice / diversion efforts are always carried out for every child who becomes a perpetrator of a crime., secondly, the obstacles experienced by the police in implementing the principles of restorative justice at the Banggai Police include: the legal factor itself, law enforcement factors, namely parties those who form or apply the law, the factor of facilities or facilities that support law enforcement, the community factor, namely the environment in which the law applies or is stipulated.
Penegakan Hukum Tindak Pidana Perdagangan Orang terhadap Pekerja Migran Indonesia secara Non Prosedural Risca Gladis Ratnasari; Ariyanti Ariyanti
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11157

Abstract

The shortage of jobs, the low level of the economy of the people and the low competitiveness of Indonesian workers are serious problems that must be resolved by the Government. One attempt to solve the problem was by sending migrant workers abroad. But the policy still needs to be continuously improved and improved so that migrant workers can work well, their fundamental rights are protected, and they can enjoy their full income during their work. Besides, the safety of migrant workers has not been optimally protected. So far, the problem faced by the government is the minimum legal protection, starting with the recruitment process, when working outside, and then returning to the homeland. The objective of the study is to find out about the enforcement of the criminal offence of trafficking in persons against Indonesian Migrant Workers in a non-procedural manner as well as any obstacles encountered in the implementation of such an effort. The method of research used is empirical jurisprudence. The results of this study are the law enforcement conducted by the Indonesian Migrant Workers Protection Agency by postponing operations, company permits, written warnings, temporary suspension of part or all business activities, cancellation of the departure of potential migrant workers, and or return from abroad at their own expense. The long-term endeavour is to strictly monitor Indonesian labour services companies. The obstacles are the weakness of government surveillance, the lack of means and support facilities required by the police, and the long enough time to collect the identities of perpetrators and victims who are outside the city and even across the country to supplement the evidence.
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.
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.
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 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.

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