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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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Implementasi Pengadaan Barang dan Jasa Pemerintah Berdasarkan Peraturan Presiden Nomor 46 Tahun 2025 ( Studi di Lingkungan Kejaksaan Cianjur) Dhanitya Putra Prawira; Ariyanti
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This study aims to analyze the implementation of Presidential Regulation Number 46 of 2025 as an amendment to Presidential Regulation Number 16 of 2018 concerning government procurement of goods/services at the Cianjur District Attorney's Office and to identify obstacles that arise in its law enforcement. The study uses a qualitative method with an empirical approach through in-depth interviews, observations, and documentation studies, with a theoretical basis of legal effectiveness, legality theory, criminal liability theory, and law enforcement theory. The results of the study indicate that the implementation of Presidential Regulation 46 of 2025 has been carried out formally through the establishment of Commitment Making Officers, Procurement Officers, and Selection Working Groups, as well as the utilization of the Electronic Procurement System. However, implementation has been suboptimal due to ongoing procurement delays, irregular documentation, limited resources, and minimal training related to the latest regulations. Obstacles to law enforcement include unclear boundaries between administrative and criminal errors, officials' concerns about the risk of criminalization, weak preventive oversight, and a lack of understanding of new procedures. The study concluded that the effectiveness of the Presidential Regulation's implementation remains limited to administrative compliance and has not achieved the substantive goals of efficiency, transparency, and accountability. Clearer technical guidelines, strengthened oversight, increased human resource capacity, and legal protection for officials acting in good faith are needed.
Kajian Yuridis Dasar Pertimbangan Hakim Pada Putusan Nomor 29/Pid.Sus-Tpk/2020/PN.Jkt.Pst tentang Penggunaan Alat Bukti Elektronik dalam Proses Tindak Pidana Korupsi di Indonesia Muhammad Nasrulloh; Leni Dwi Nurmala
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This study aims to analyze the legal basis for judges' considerations in accepting and assessing electronic evidence in Decision Number 29/Pid.Sus-TPK/2020/PN.Jkt.Pst and evaluate its compliance with the principle of legal certainty in criminal evidence. Using normative legal methods based on evidentiary theory, legal certainty theory, and legal system theory, this study examines the process of accepting electronic evidence in court. The results indicate that judges prioritize the authenticity, integrity, and reliability of electronic evidence, such as emails, conversation recordings, and transaction data, which have undergone digital forensic examination to ensure the absence of manipulation. Judges also refer to the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions and jurisprudence that recognizes electronic evidence as valid evidence. These considerations reflect the principle of legal certainty because the process of accepting evidence is carried out in accordance with applicable procedures and legal frameworks. However, this study emphasizes the importance of strengthening regulations and technical standards so that the mechanism for accepting electronic evidence can be implemented more consistently and standardized throughout the Indonesian judicial system.
Mekanisme dan Kendala Pengelolaan Barang Bukti dan Barang Rampasan dalam Perkara Tindak Pidana Umum (Studi di Kejaksaan Negeri Manggarai Barat Provinsi Nusa Tenggara Timur) Ngurah Agung Asteka Pradewa Artha; Ferry Anggriawan; Yusuf Eko Nahuddin
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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This study aims to analyze the mechanism of evidence and confiscated goods management in general criminal cases at the West Manggarai District Attorney's Office and identify the legal and sociological obstacles encountered in its implementation, using a qualitative approach through in-depth interviews. The results of the study indicate that the management of evidence and confiscated goods has in principle been implemented in accordance with Attorney General Regulation Number 7 of 2025 and Attorney General Regulation Number PER-002/A/JA/05/2017 through the stages of confiscation, recording, storage, and destruction or auction, in order to ensure security and accountability in the criminal justice process. However, legal obstacles are still found in the form of incomplete procedural arrangements and weak supervision, as well as sociological obstacles in the form of limited storage facilities and a lack of trained human resources, which impact the effectiveness of evidence management. Therefore, it is necessary to improve facilities and infrastructure, strengthen human resource capacity, optimize supervision, and adjust procedures to factual conditions in the field so that the management of evidence and confiscated goods can be carried out more efficiently, transparently, and in line with the principles of justice in the criminal justice system.
Rekonstruksi Kewenangan Pengawasan Indikasi Geografis Produk Lokal Moh. Fahrial Amrulla
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This article examines the ambiguity of supervisory authority over Geographical Indications under Article 71 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications. The phrase “in accordance with their authority” creates normative uncertainty because it does not clearly define the scope, mechanism, institutional responsibility, and legal consequences of supervision conducted by central and regional governments. This study aims to analyze the construction of normative ambiguity in Article 71 paragraph (1) and formulate a reconstruction model for regulating supervisory authority over Geographical Indications in order to achieve legal certainty. This research applies a normative legal method using statutory and conceptual approaches. The legal materials are analyzed through grammatical, systematic, and teleological interpretation. The findings show that the existing regulation has not provided an operational division of supervisory authority between central and regional governments. The ambiguity affects legal certainty in maintaining the reputation, quality, characteristics, use, and utilization of Geographical Indications. Therefore, normative reconstruction is required by affirming the authority of central government as standard-setter, national coordinator, evaluator, and administrative decision-maker, while regional governments should be clearly authorized as direct supervisors of Geographical Indication products within their territories
Kajian Perbandingan Pengaturan Sanksi Pidana Bagi Pelaku Tindak Pidana Korupsi di Indonesia dan di China Haryono; Hatarto Pakpahan
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 comparison of criminal sanction regulations for perpetrators of corruption crimes in Indonesia and China, as well as to discover the differences in sanction regulations between the two countries. This research is expected to develop academic skills in conducting normative legal research, understanding research methodology, conducting legal material analysis, and academic writing for the author, as well as broadening insights regarding the legal comparison of both countries for the author and society. In practice, the corruption rate in Indonesia is higher than in China, and the magnitude of losses suffered by the state hampers development, which is highly detrimental to the national economy, thus prompting the author to conduct this research. As the result of the research, the author provides suggestions to government institutions authorized to enact laws, specifically the President and the House of Representatives (DPR), to update several articles in the Anti-Corruption Law (namely Articles 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13). The renewal of this law strongly requires new rules regarding the threat of criminal sanctions based on the magnitude of state losses caused by the corruption crime itself, along with other stricter supporting regulations

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