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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 85 Documents
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Environmental Protection Due to Reclamation On Bungin Island, West Nusa Tenggara Chintya Khaerunnisa; Supriyadi; Susianto
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The beach reclamation project undertaken by the Bajo tribe community on Bungin Island, Sumbawa, was carried out voluntarily due to land scarcity caused by high population density. Without a sufficient legal basis and environmental assessment, this activity damages marine ecosystems such as seagrass beds and coral reefs. This research examines the form of legal protection for the environment in reclamation based on the principle of sustainable development, the impact of reclamation, and efforts to enforce environmental law in this case. The method used is empirical legal with a sociological approach thru observation and interviews. The results show that legal protection is not yet effective due to weak supervision, low public legal awareness, and the lack of integration of reclamation with environmental regulations. Although national laws are already in place, local implementation is still weak. This research recommends synergy between the government and the community, increased environmental law literacy, and the development of local regulations based on sustainable development.
Kekuatan Hukum Sertifikat Hak Tanggungan yang Terbit atas Adanya Unsur Onbeschikking Bevoeg Pemberi Hak Tanggungan atas Obyek Hak Tanggungan Felix Rovi Lindartanto; Dewi Astutty Mochtar; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16373

Abstract

The lack of authority of a party who does not have the right to place a mortgage on a creditor which in the future results in a dispute, whether criminal or civil, has different legal consequences. So it is appropriate to know the legal strength of proof of the mortgage right certificate in terms of the registration system in Indonesia and the legal consequences of issuing mortgage rights which occur on the basis of the mortgagor's lack of authority over the object of the mortgage right. The research uses normative research methods with analytical descriptive analysis techniques. The Mortgage Rights Certificate has strong evidentiary power if it meets three main aspects. First, the existence of cadastral data plots, namely data related to land conditions, such as location, area and land boundaries, which are obtained from accurate measurements of land plots. Second, creating a public register that records the names of land rights holders. This general list is officially managed by the relevant agencies and is a trusted source of information. Third, implementing a publication system that shows openness of information to the public, allows other parties to know the status of land rights clearly. In the context of the issuance of an invalid mortgage right due to non-compliance with applicable legal provisions, a mortgage right can be deemed to have no legal force if the party providing the mortgage right is not registered as the legal owner of the object in question. This will cause losses for the party who receives the mortgage right because they cannot rely on the mortgage right to execute the debt if the debtor does not fulfill his obligations. Non-compliance or violation of the authority and provisions governing legal validity can result in serious legal consequences, such as cancellation of mortgage rights, loss of rights to objects guaranteed, or even material losses for interested parties.
Perlindungan Hukum terhadap Debitur Kredit Macet Akibat Praktek Cessie dalam Perjanjian Perbankan Juliman; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16374

Abstract

Debtors who default often make creditors choose a quick mechanism to recover their receivables, one of which is through cession or the transfer of receivables to a third party. Although the practice of cession is legal and recognized in the Indonesian legal system, until now there is no specific regulation that specifically regulates the procedure, thus opening the opportunity for actions that are detrimental to debtors, especially those who have relatively small remaining debts but are still the object of transfer without adequate notification. This study uses a normative method with a descriptive analytical approach to examine the regulation of cession and legal protection for debtors. Legally, cession is regulated in the Civil Code Book III on Contracts as well as several special regulations such as the Mortgage Law, the Fiduciary Law, and Bank Indonesia provisions. In principle, cession can be carried out as long as it is agreed by the parties through a new agreement. However, if the transfer of receivables is carried out without notification to the debtor, the agreement is potentially invalid because the object of the receivable is still attached to the debtor. Thus, the transfer of receivables that is not informed to the debtor can be cancelled or even void by law, thus providing legal protection for the debtor from the implementation of a detrimental assignment.
Analysis of Legal Uncertainty for Medical Personnel and Human Rights Violations in the Practice of Female Genital Mutilation in Indonesia Ferry Anggriawan
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

Female genital mutilation is a practice permitted according to some Islamic legal norms and some customary laws in Indonesia, but this practice contradicts legal norms, including Article 102 letter a of Government Regulation No. 28 of 2024 concerning the Implementation of Law No. 17 of 2003 concerning Health, as well as Article 4 and Article 49 paragraph 2 of Law No. 39 of 1999 concerning Human Rights. From this background, the author attempts to analyze how legal certainty is analyzed for medical and non-medical personnel regarding the practice of female circumcision regulated in Article 102 letter a of Government Regulation No. 28 of 2024 concerning the Implementation of Law No. 17 of 2003 concerning Health, and how the analysis of female circumcision practices can be categorized as a form of discrimination against women according to Law No. 39 of 1999 concerning Human Rights. This research uses normative legal research with a case study approach and regulatory comparison to identify existing inconsistencies and legal gaps. The results of this study are that medical personnel performing female circumcision in Indonesia face legal certainty, being free from criminal sanctions, but are at high risk of facing severe professional disciplinary sanctions and civil lawsuits, as the practice contradicts national health policies and medical ethics. Furthermore, Article 4 of Law No. 39 of 1999 on Human Rights states that the state should guaranty protection for non-derogable rights, but the regulatory reality is that the state still allows this. The next conflict is found in Article 49 Paragraph (2) of Law No. 39 of 1999 on Human Rights. Fundamentally, this practice violates women's right to bodily integrity and health, so the state must provide clear legal certainty and protection to women, in line with the broader protection goals of the Human Rights Law.
Analisis Kedudukan Hukum Lie Detector dalam Pembuktian Tindak Pidana Pembunuhan Berencana Hatarto Pakpahan; George Renjaan
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This research aims to analyze the legal standing of using a lie detector in the settlement of the premeditated murder case committed by Jesika Kumala Wongso against I Wayan Mirna Salihin, and to determine the implementation of applying the lie detector in the premeditated murder criminal case. The type of legal research used in this study is normative legal research, and the method of addressing the problem uses the statutory approach and the case approach. The research results show that the legal standing of using the Lie Detector constitutes valid evidence as referred to in Article 184 of the Criminal Procedure Code, namely expert testimony. This is because the results of the examination using the Lie Detector method are then printed out and explained again by an expert who possesses the necessary capability. Therefore, the position of the lie detector in the evidentiary process of the criminal case in Supreme Court Decision Number 498K/PID/2017 is as a complement to the decision-making process, as the judge's conviction was already obtained based on evidence with high probative value, and the Supreme Court judge upheld the decisions of the first-instance and appellate courts.
Tinjauan Yuridis Terhadap Pasal 217 dan 240 Undang-Undang Nomor 1 Tahun 2023 Tentang KUHP Ahmad Fatih Karomi; Rizky Ahadyan Ardyansyah
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16414

Abstract

This research examines the implementation of Law No. 1 of 2023 concerning the Indone- sian Penal Code, specifically Articles 217 and 240, which effectively restrict citizens' rights to express their opinions. Cases such as those involving Ahmad Dhani and Haris Azhar-Fatia highlight how legal provisions intended for protection are instead used to silence dissenting voices. The Constitutional Court had previ- ously clarified in Decision No. 013-022/PUU-IV/2006 that these restrictions on freedom of expression are inconsistent with the constitution. However, the reality on the ground shows that this ruling is not being enforced. This study employs a qualitative approach to thoroughly analyze legal provisions related to defamation of the President and state institutions. The analysis reveals that Articles 217 and 240 of the Penal Code conflicts with human rights principles, particularly freedom of expression. The broad interpretation of these articles poses a significant threat to democracy. The urgency to revise these articles in alignment with democratic values is increasingly evident.
Efektivitas Penerapan Undang-Undang Nomor 7 Tahun 2017 dalam Pengawasan Politik Uang pada Pilkades di Desa Penawangan Kabupaten Grobogan Mutiara Warda Mulyani; Hananto Widodo
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16420

Abstract

This study aims to analyze the effectiveness of the implementation of Law Number 7 of 2017 concerning the supervision of money politics practices in the 2020 Village Head Election  in Penawangan Village, Grobogan Regency. This research is based on the rampant practice of money politics in the Pilkades process, which fundamentally violates the principles of honesty, fairness, and transparency. The research method used was empirical juridical, involving interviews with the Head of the Village Consultative Body in Penawangan Village. The results indicate that money politics remains a primary strategy for attracting public participation, primarily due to low citizen interest in voting without material rewards. Village head candidates generally utilize economic approaches and political marketing tricks by offering money or assistance to residents to garner sympathy and support. All candidates employ similar strategies, but strive to minimize costs through the role of their respective campaign teams. The Village Consultative Body and the Penawangan District conducted strict oversight and a comprehensive evaluation of the village head election  process. Overall, this study concludes that the implementation of Law No. 7 of 2017 on money politics in Penawangan Village has not been fully effective, due to weak public legal awareness and the existence of economic rationalization in local politics. Nevertheless, the oversight and outreach efforts undertaken by the village and sub-district are important steps in building a more honest and democratic political consciousness in the future.
Kebijakan Eksistensi Peradilan Adat di Kabupaten Fakfak Suriadi; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This research aims to examine the existence of Customary Courts in Fakfak Regency from a National Law perspective and to analyze the role of customary law institutions in resolving customary disputes following the enactment of Law Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for Papua Province. Although Customary Courts have long existed and developed within indigenous communities, their existence has not been supported by a strong policy framework, either at the national or regional levels. The absence of a Special Regional Regulation in West Papua Province that explicitly regulates Customary Courts has resulted in weak legal certainty and the ineffectiveness of customary law policy implementation, even though customary dispute resolution practices continue to occur in Fakfak Regency. This research employs a normative juridical method with a statutory and conceptual approach, through a review of positive legal norms governing Customary Courts, specifically the Papuan Special Autonomy Law and other related regulations. The results indicate that Customary justice has been normatively recognized in the Indonesian legal system as a dispute resolution mechanism for indigenous communities. However, its status has not been firmly integrated into the state justice system and remains partial. Within the framework of Papua's Special Autonomy, the policy on the existence of customary justice reflects recognition of legal pluralism and the important role of customary law, but it still requires regulatory strengthening and institutional integration to be more effective and able to provide legal certainty.
Pertanggung Jawaban Pidana Korporasi atas Praktik Greenwashing dalam Kegiatan Usaha Berbasis Lingkungan Rindang Gici Oktavianti; Syarifah Umami; Dini Riski Ramadhania
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The development of the green economy has encouraged corporations to project environmentally friendly images in their business activities. However, this trend has also given rise to greenwashing, a practice of disseminating misleading information regarding the environmental sustainability of products or business operations. This study aims to analyze greenwashing from the perspective of corporate criminal liability and examine its legal regulation under Law Number 1 of 2023 on the Indonesian Criminal Code (KUHP), the Consumer Protection Law, and the Environmental Protection and Management Law. This research employs a normative juridical method with statutory and conceptual approaches, relying on the analysis of primary, secondary, and tertiary legal materials.
Tinjauan Hukum Tindak Pidana Perdagangan Orang Berdasarkan UU No. 21 Tahun 2007 dan Perma No. 1 Tahun 2022 tentang Restitusi Prasetya Djati Nugraha; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The crime of human trafficking is a serious violation of human dignity and requires comprehensive legal protection. Although the government has regulated it through Law No. 21 of 2007, the fulfillment of victims' rights, especially restitution, has not been effective. Therefore, the Supreme Court issued Regulation No. 1 of 2022 as a guideline for resolving restitution and compensation requests. This study examines the criminal provisions in Law No. 21 of 2007 and the legal implications of Regulation No. 1 of 2022 on the provision of restitution to victims, using normative legal research methods with statutory, conceptual, and case-based approaches. The results show that although Law No. 21 of 2007 provides a strong legal basis for eradicating human trafficking and protecting victims, its implementation remains hampered by procedural aspects and inter-agency coordination. Regulation No. 1 of 2022 strengthens victims' legal standing by clarifying perpetrators' responsibilities and enforcement mechanisms. However, the effectiveness of restitution remains limited due to the lack of sanctions or a state compensation scheme for perpetrators' inability to pay. Thus, the effectiveness of victim protection still needs to be strengthened through regulatory harmonization, institutional capacity building, and the application of restorative justice principles.

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