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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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Inovasi Digital dalam Bentuk Aset Kripto Sebagai Sarana untuk Melakukan Tindak Pidana Pencucian Uang: - Amrullah, M Arief
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This study analyzes the relationship between the development of information technology and the advancement of digital payment tools in the form of Crypto Assets, which have the potential to be exploited by criminals as a means of money laundering. The advancement of information technology has radically transformed modern human life, occurring in almost every country and becoming a global characteristic that eliminates national borders. This indicates a paradigm shift towards an information network that serves as the infrastructure for a country's development. The challenges of globalization lead to a high dependency on other parties and the loss of competitive opportunities due to the limited utilization of information technology. While information technology offers numerous advantages, it also has a dark side that provides space for criminals to operate. For instance, the digitization of assets, including Crypto Assets, is vulnerable or potentially used as a means of money laundering. The lack of regulations in many countries, including Indonesia, creates opportunities that can be exploited by criminals and terrorist financiers. Given that virtual assets (Crypto Assets) offer both significant benefits and potential dangers, it is crucial for countries to take preventive measures by promptly implementing FATF Standards to effectively regulate and supervise this sector.  Keywords: Digital innovation, Crypto Asset, Money Laundering.
Pertanggungjawaban Pidana Terhadap Korporasi yang Melakukan Tindak Pidana Perusakan Lingkungan Hidup Wiratama, Galih Putra; Setiyono
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

Corporate crime lately has been seen by the public as the most serious and dangerous crimes than conventional crimes such as robbery or theft by force because the consequences of corporate crime is much more devastating than those caused by conventional crime, the purpose of this study describe and analyze criminal liability against corporations that commit crimes of environmental destruction,the formulation of the the second is how criminal liability against corporations that commit crimes of environmental destruction,the research method used is normative legal research.The first research results in UUPPLH in 2009 regulate the formulation of offenses, namely material offenses and formal offenses. Material offenses are found in Article 98, Article 99 and Article 112, while formal offenses are found in Article 100 to Article 111 and Article 113 to Article 115 of Law Number 32 of 2009 on Environmental Protection and management. While related to corporate regulation in environmental crimes stated in Article 116 paragraph (1) and Paragraph (2) and Article 118 UUPPLH. The second is the recognition of corporations as legal subjects that can be criminally liable for environmental crimes is affirmed in Article 1 Number 32 of law no. 32 of 2009 concerning the protection and management of the environment, namely “everyone is an individual or business entity, both incorporated and unincorporated” Keywords: Criminal Liability,Corporate, Environment
Peranan Penyidik Dalam Penyelesaian Perkara Anak Yang Berhadapan Dengan Hukum (ABH) Melalui Diversi Dengan Cara Restorative justice Di Polres Halmahera Timur Kurniawan, Muhammad Andy; Teguh Suratman
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The problem of solving the problem of children facing the law is still interesting to be studied today, the formulation of the problem raised the first What are the factors that support or inhibit investigators in their role to solve cases of children facing the law (ABH) through diversion by way of Restorative justice, the second how the role of East Halmahera police investigators, The research method used is Empirical Legal Research, the results of the first research, from research conducted, supporting factors against the settlement of cases for children who are dealing with the law include the main duties of the National Police as law enforcement under Article 13 of Law No. 2 of 2002 on the Indonesian National Police, states that the National Police has the main, The main task of Satreskrim is to carry out criminal investigations explaining that Satreskrim is in charge of carrying out investigations, investigations, and supervision of criminal investigations, carrying out special service and protection functions for adolescents, children, and women both as perpetrators and victims in accordance with the provisions of the laws and regulations, The main task of the PPA Unit is to provide protection for women and children ,the commitment of the police chief to resolve child cases through diversion,the commitment of investigators to carry out child cases through diversion. While the obstacles faced in the settlement of cases for children who are dealing with the law, namely, in terms of Human Resources , in terms of infrastructure, obstacles to the implementation of diversion against criminal acts committed by children ,in terms of social factors, obstacles to the implementation of criminal acts committed by children also occur because of the factors of the community who do not understand about awareness in law enforcement Restorative justice. The second, from the results of the study the role of East halmahera police investigators in the settlement of child cases dealing with the law (ABH) through diversion by way of Restorative justice , Restorative justice efforts have been made to the maximum in accordance with applicable regulations and procedures that have been in force, although the results of the settlement of cases of ABH cases have not been entirely successful Restorative justice, so that the success rate of settlement of child cases dealing with the law through Restorative justice is 0%. Keywords: The Role Of Investigators, Children Who Face The Law , Diversion, Restorative Justice
Disparitas Putusan Hakim Nomor 115/Pid.Sus/2023/PN Brb Dengan Putusan Hakim Nomor 116/Pid.Sus/2023/PN Brb Mengenai Tindak Pidana Jual Beli Narkotika Arianda, Hafiz Satria; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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This research discusses criminal disparities, namely the imbalance in the application of sentences by judges for the same or comparable crimes without valid reasons. This research focuses on disparities in Judge's Decision Number 115/Pid.Sus/2023/Pn Brb and Judge's Decision Number 116/Pid.Sus/2023/Pn Brb regarding narcotics buying and selling cases. The research method used is the normative legal method. The results of the analysis show that disparities in judges' decisions are caused by legal factors (legislation), internal factors of the judge (personal condition of the judge), and external factors (condition of the defendant at trial). In Decision Number 115/Pid.Sus/2023/PN Brb, the judge took into account the history of the defendant who had been convicted of a narcotics crime in 2013 and served a sentence of 8 years and 6 months. The judge sentenced him to 7 years in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting the government's program to eradicate narcotics and a history of previous convictions. Meanwhile, in Decision Number 116/Pid.Sus/2023/PN Brb, the judge sentenced him to 5 years and 3 months in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting government programs and disturbing the community. If the fine is not paid, the defendant will serve an additional 3 months in prison Keywords: Disparity, Judge's Deci-sion, Buying And Selling Narcotics
Penegakan Hukum Pidana Terhadap Tindak Pidana Penyalahgunaan Narkotika Di Wilayah Hukum Polda Sulawesi Utara Rumapea, Steven Leonard; Atikah Mardhiya Rohmy
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The abuse of narcotics requires the role of law enforcement officers, who are expected to be able to prevent and combat such crimes to enhance morality and the quality of human resources in Indonesia, particularly for the nation's future generations. The research problem in this study focuses on how law enforcement is carried out by the North Sulawesi Regional Police (Polda Sulawesi Utara) against narcotics abuse crimes within its jurisdiction, what are the inhibiting factors in enforcing the law against narcotics abuse crimes, and what solutions are implemented. The research method used is empirical legal research. The findings of this study are as follows: first, the law enforcement conducted by the North Sulawesi Regional Police against narcotics abuse crimes is carried out in three forms: (1) Pre-emptive law enforcement, which aims to prevent the expansion of narcotics abuse by introducing and socializing the dangers of narcotics to individuals who have not yet been exposed to them. (2) Preventive law enforcement, which involves police actions aimed at preventing community behaviors from escalating into disturbances and actual threats. (3)Repressive law enforcement, which is carried out with the goal of ensuring justice by enforcing the law against violators in Indonesia.   Secondly, several obstacles are encountered in enforcing the law against narcotics abuse crimes, including: 1. Internal obstacles such as limited facilities, infrastructure, and adequately prepared human resources, 2. The need for additional supporting facilities and infrastructure for law enforcement, 3. Lack of public awareness, 4. Lack of participation from local government agencies, 5. The inability to build public awareness to report narcotics abuse crimes, 6. Difficulty in tracking down perpetrators of narcotics crime networks within the jurisdiction of the North Sulawesi Regional Police, 7. Insufficient operational funding.  Keywords: Law Enforcement, Criminal Act, Abuse, Narcotics
Perlindungan Hukum Terhadap Korban Tindak Pidana Penipuan Yang Dilakukan Oleh Pelaku Usaha E-Commerce Berbasis Transaksi Elektronik Sanusi, M Fahmi; Ariyanti
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Currently, online buying and selling transactions require buyers to make upfront payments based solely on product images without knowing the actual condition of the goods. Additionally, various legal issues arise in online transactions, particularly concerning fraud-related crimes. The main challenges in these cases involve aspects of information delivery, communication, and electronic transactions, especially in terms of evidence and legal actions carried out through electronic systems. The difficulty in proving crimes committed electronically results in online fraud victims receiving inadequate legal protection.  This study addresses the legal regulations concerning fraud crimes based on electronic transactions in Indonesia, as well as the legal protection for fraud victims committed by e-commerce business operators under the Electronic Information and Transactions Law (UU ITE). The research method used is normative legal research. The findings indicate that fraud crimes, in general, are regulated under Article 378 of the Indonesian Criminal Code (KUHP), which covers actions that unlawfully benefit oneself or others by using a false identity, deceit, or lies to obtain an object, loan, or debt cancellation. Meanwhile, fraud in online transactions is specifically regulated under Article 28, paragraph (1) of Law No. 19 of 2016, which amends Law No. 11 of 2008 concerning Electronic Information and Transactions (UU ITE). This provision governs the deliberate and unauthorized dissemination of false or misleading information that harms consumers in electronic transactions. Legal protection for victims of fraud in e-commerce is also explicitly regulated under the UU ITE. However, law enforcement officials still rely on the KUHP in handling most cybercrime cases, as the majority of electronic transaction fraud victims are online shop consumers. Legal protection efforts for victims of fraud in online buying and selling transactions can be carried out through both preventive and repressive measures.  Keywords: Legal Protection, Fraud Crimes, Business Operators, Electronic Transactions
Potret Penerapan Kebijakan dan Program Pengarusutamaan Gender pada Aspek Kualitas air di Instansi Pemerintah di Wilayah Malang Raya Kadek Wiwik Indrayanti; Ferry Anggriawan; Wika Yudha Shanty; Schuyler
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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The Brantas River area in Malang City, East Java, has experienced a decline in water quality due to domestic waste. Many residents living along the riverbanks rely on the river as a primary water source, despite the deteriorating environmental conditions. Therefore, an in-depth study is needed on the policies and programs implemented by various related institutions using the Gender Analysis Pathway (GAP). This study examines gender mainstreaming (PUG) policies and programs adopted by government institutions in Malang City, particularly in the areas of waste management and water quality, as well as the implementation of PUG within communities residing along the Brantas River. This research is classified as empirical legal research, as it evaluates the implementation of regulations, policies, and gender mainstreaming programs within relevant agencies. The findings indicate that: (1) The implementation of PUG programs within government institutions in Malang City has not been maximized, as each department carries out programs based on its specific duties and responsibilities. (2) The implementation of PUG within communities along the Brantas River has not been carried out, as evidenced by the lack of gender-related socialization from government agencies. Additionally, community needs, such as waste bins, have not been effectively communicated to the government. There is also a desire among residents to independently measure the quality of well water, but they lack the necessary knowledge to do so. The community has expressed a willingness to learn and conduct independent water quality assessments. (3) The challenges in implementing PUG at the community level are evident, as residents lack awareness and understanding of gender-related issues, making it difficult to develop programs using gender-based indicators.  Keywords: Policy, Gender Mainstreaming, Environment   
Peran Polresta Manado Dalam Penegakan Hukum Tindak Pidana Pencurian : (Studi di Polresta Manado) Tengku Said Hafiz; Supriyadi
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Theft remains prevalent in North Sulawesi, including the jurisdiction of Polresta Manado. This study examines the role of Polresta Manado in law enforcement against theft, the inhibiting factors, and the efforts undertaken. The research method used is empirical legal research. The findings indicate that Polresta Manado functions as a state instrument in maintaining security, enforcing the law, and providing protection to the community. Law enforcement is carried out preventively through patrols, intelligence development, and Binmas, as well as persuasively to encourage public compliance with existing norms. The inhibiting factors include a lack of human resources, the absence of witnesses or CCTV, uncooperative victims, and the expansion of criminal networks. Efforts to overcome these obstacles involve improving human resource capabilities, training, equipment procurement, and optimizing police performance. In summary, Polresta Manado plays a crucial role in law enforcement against theft but faces various challenges that require enhanced resources and community cooperation.  Keywords: Role, Law Enforcement, Theft
Hukum Adat Sebagai Alternatif Penyelesaian Perkara Pidana Dalam Pendekatan Restorative Justice Panjaitan, Yakub Biyagi; Dewi Ayu Rahayu
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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In the context of criminal law, the reality of the existence of customary criminal law alongside statutory criminal law still appears difficult to accept for application in criminal justice practice. The fundamental principle of legality is often argued as a strong barrier to negating the existence of any criminal law other than statutory criminal law. The research problem raised is whether customary law can be used as an alternative for resolving criminal offenses and how the position of customary law functions as an alternative resolution within the framework of restorative justice in the Indonesian criminal justice system. This research employs normative legal research methods. The study’s findings indicate that several jurisprudences have used customary law as an alternative resolution for criminal offenses, including PN Luwuk No. 27/Pid/1983, which adjudicated a case of extramarital sexual relations, where the judge ruled that the defendant violated the living law in the Banggai region, Central Sulawesi. The decision was upheld by the Palu High Court ruling No. 6/Pid/1984 on April 9, 1984, and later reinforced by the Supreme Court decision No. 666K/Pid/1984 on February 23, 1985. Additionally, the Supreme Court ruling No. 3898K/Pdt/1989, dated November 19, 1992, case No. 854K/Pid/1983 dated October 30, 1984, Mataram District Court Decision No. 051/Pid.Rin/1988 dated March 23, 1988, Supreme Court decision No. 481 K/Pid/1986 dated August 31, 1989 from PN Ende, and the application of customary justice in Papua Province based on Law No. 21 of 2001 in conjunction with Law No. 2 of 2021 concerning Special Autonomy for Papua. The material position of customary criminal law has been applied and incorporated into written regulations, particularly statutory law, as seen in Emergency Law No. 1 of 1951. However, in a formal sense, customary criminal law has not been regulated by a standardized set of procedural rules, and its procedural aspects are not established in Indonesia’s positive law. It is also not formally recognized or regulated in the Indonesian Code of Criminal Procedure (Law No. 8 of 1981). However, a review of several Indonesian jurisprudences reveals that customary law has been applied as an alternative resolution within the framework of restorative justice in the Indonesian criminal justice system. Furthermore, if we examine the customary justice system currently used in Papua Province, as regulated in Law No. 21 of 2001 in conjunction with Law No. 2 of 2021 on Special Autonomy for Papua, as well as the shift in criminal punishment patterns from a retributive justice concept to restorative justice, it becomes evident that this transition is part of the effort to revitalize the position of customary law within the realm of the criminal justice system.

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