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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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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.
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.
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.
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 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 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.
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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