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Ruang Jurnal Fakultas Hukum, Lantai 2 Gedung Fakultas Hukum, Kampus 2 Universitas Muhammadiyah Magelang Jl. Mayjend Bambang Soegeng, km 5, Mertoyudan, Magelang
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Borobudur Law and Society Journal
Published by Universitas Muhammadiyah Magelang
ISSN : -     EISSN : 28099664     DOI : https://doi.org/10.31603/blastal
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Borobudur Law and Society Journal (BLASTAL) is a Journal of Legal Studies published by Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes six times a year. The scopes of BLASTAL, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. BLASTAL has been indexed by Google Scholar.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 162 Documents
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Non-Conviction Based Asset Forfeiture in Indonesia's Draft Asset Forfeiture Bill: Legal Construction, Comparative Practice and Human-Rights Challenges Dharma, Widya Castrena Budi
Borobudur Law and Society Journal Vol. 5 No. 1 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9253

Abstract

Indonesian law allows forfeiture of the proceeds and instruments of crime only after a criminal conviction, which fails when the offender dies or flees. The Draft Bill on Forfeiture of Criminal Assets, sent to Parliament by the President in May 2023 and again under discussion in 2026, adopts non-conviction based (NCB) forfeiture, a civil action against the asset itself. This normative legal study uses statutory, conceptual and comparative approaches to examine the legal construction of NCB forfeiture in the Bill, the practice of four comparator jurisdictions and the challenges of applying it in Indonesia. It finds that the Bill creates a civil procedure in which a state attorney applies to the district court, the civil standard of proof governs and third parties may object. The four systems differ on whether the action is civil or criminal and on how they allocate the burden of proof. The central difficulty is the shift of the burden onto the owner, which must be reconciled with the right to property and the presumption of innocence through a proportionality test. The study recommends that the Bill list the offences covered, require the state to show a reasoned link between asset and offence before the burden shifts, protect good-faith third parties and regulate asset management. The study rests on documents and does not assess practice.
The Theory of Legal Objectives and E-Government in Health Services: The SehatPedia Telemedicine Application and Good Governance Ansal, Dwi Putra Yulhaqq Alhafiizh; Dewi, Dyah Adriantini Sintha; Noviasari, Dilli Trisna; Suharso
Borobudur Law and Society Journal Vol. 5 No. 3 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9573

Abstract

Telemedicine applications promise to bring government health services closer to citizens, but whether they deliver good governance depends on the legal framework that governs them. This article asks how Gustav Radbruch’s three values of law, justice, utility and legal certainty, assess SehatPedia, a Ministry of Health application for online consultation with doctors, as e-government in health services and as a means of good governance. It is normative legal research using statute and conceptual approaches, applied to Law No 17 of 2023 on Health, Government Regulation No 28 of 2024, Ministry of Health Regulation No 20 of 2019, the Personal Data Protection Law and the regulation on the electronic-based government system, with facts about the application drawn from public sources and user reviews. The analysis finds that e-government can widen access, transparency and efficiency, but that the application, as its users report it, falls short on each value: reported malfunctions and unanswered consultations weaken utility, dependence on a smartphone and connectivity risks excluding remote and vulnerable users, and the framework leaves certainty about provider qualifications, responsibility for remote diagnosis and patient data incomplete. The manuscript’s earlier legal basis, repealed in 2023, is corrected. SehatPedia can support good governance only with verifiable licence information, response-time standards, a data-protection impact assessment, an accessibility audit and a named supervisory authority.
Implementation of the Family Hope Programme (PKH) in Reducing Poverty in Menoreh Village, Salaman, Magelang Regency Dinni, Pingkan Tamara
Borobudur Law and Society Journal Vol. 4 No. 6 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9599

Abstract

The Family Hope Programme (PKH) is a conditional cash transfer for very poor households, yet the number of recipients in Salaman sub-district, Magelang Regency, remains high. This article asks how Minister of Social Affairs Regulation No 1 of 2018 on PKH was implemented in Menoreh Village, whether the legal duties on facilitators, data and complaints were met, and what hindered implementation. It is empirical legal research with a legal-sociology approach, drawing on interviews with village officials, a facilitator, a group leader and beneficiaries, observation and official documents, analysed qualitatively through the four implementation factors of George C Edwards III. Communication and disposition followed the regulation, but resources and bureaucratic structure showed gaps: facilitators changed three times in 2022, neighbourhood and hamlet heads took no part in verifying data, and recipients are selected centrally. A fall in the number of recipients does not show that poverty fell, so the article makes no claim of success. The rule that aid is withheld after three missed meetings is not shown to be proportionate and has no clear route of objection. The article recommends involving village officials in verification, a minimum tenure for facilitators, flexible meeting times and an accessible complaint route, and notes that newer regulation must be checked.
Implementation of Magelang Regent's Regulation No. 22 of 2014 on Advertisement Permits in Magelang Regency Khusna, Atina
Borobudur Law and Society Journal Vol. 5 No. 2 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9600

Abstract

Advertisement permits matter for the orderly appearance of a regency and for regional revenue, yet unlicensed banners, billboards and flags stand along almost every road in Magelang Regency. This article asks how Regent’s Regulation No 22 of 2014 on Advertisement Permits is implemented and what hinders it. It is empirical legal research with a sociological approach. Data come from interviews recorded in 2023, observation of a Civil Service Police Unit (Satpol PP) enforcement team in Muntilan sub-district and official documents, and each of Edwards III’s four factors, communication, resources, disposition and bureaucratic structure, is assessed in turn. Implementation is not yet optimal. Information from the One-Stop Investment and Integrated Services Office (DPMPTSP) is clear and consistent, but it does not reach advertising firms; enforcement staff are too few for the size of the regency; and advertisers often ignore the permit rules because they expect uncontrolled banners to be removed in any event. The Regulation offers only administrative sanctions, and as a regent’s regulation it cannot add criminal penalties. The study recommends regular outreach by DPMPTSP, a risk-based patrol plan and more staff for Satpol PP, and a review of the Regulation against the licensing and regional tax rules enacted since 2014.
Implementation of Magelang Regency Regional Regulation No. 9 of 2021 on Business Service Charges: Market Parking Fees and Local Own-Source Revenue Azizah, Sofiyatul; Dewi, Dyah Adriantini Sintha; Noviasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 5 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9616

Abstract

Parking fees at traditional markets are a business service charge that contributes to the local own-source revenue of Magelang Regency, but it is unclear whether the regulation is applied as written. This article asks how Regional Regulation No 9 of 2021, the fourth amendment of Regional Regulation No 4 of 2012, is implemented in market parking and which obstacles the Regency government meets. It is empirical legal research with a socio-legal approach, combining analysis of the regulations with observation at Muntilan Market, interviews with officials of the Department of Trade, Cooperatives and SMEs and the regional finance agency, and revenue documents, analysed qualitatively through Edwards III’s implementation factors. Market parking revenue reached 79.66 per cent of target in 2020, 98.85 per cent in 2021 and 105.27 per cent in 2022, but the 2021 rise preceded the new tariffs, which took effect in December 2021, and revenue grew far less than tariffs, which rose by 67 to 300 per cent; parking supplies about 0.15 to 0.17 per cent of total revenue. Attendants deposit late, tickets are not issued and tariffs are not applied. The Regulation requires deposit within one working day and provides sanctions, yet the Department relies on warning letters. Enforceable deposit rules, tariff display and ticketing, and an evaluation of the electronic parking trial are recommended.
Street Vendors Regulation in Magelang Regency: Implementation of Regional Regulation No. 7 of 2009 on Organising and Empowering Street Vendors outside Markets and Terminals Nuryani, Tri
Borobudur Law and Society Journal Vol. 4 No. 6 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9618

Abstract

Street vendors (PKL) sustain livelihoods in the informal economy, yet their stalls obstruct roads and pavements, and in Magelang Regency many trade outside the sites set aside for them. This article asks how Regional Regulation No 7 of 2009 on the Organising and Empowerment of Street Vendors has been implemented to create public order outside markets and terminals, which obstacles hinder it and what has been done about them. It is empirical legal research with a socio-legal approach, using observation, interviews and documents of the Department of Trade, Cooperatives and SMEs and the Civil Service Police Unit (Satpol PP), analysed through Merilee Grindle’s model of the content of policy and the context of implementation. In 2022 the Regency counted 4,558 vendors, 986 in Muntilan. Relocation sites were built from 2015 to 2019, but only 30 of the 70 stalls at two Mertoyudan sites were occupied, about 250 vendors remained on the streets of Muntilan, and Satpol PP had 76 officers against the 251 to 350 suggested by the ministerial guideline. The policy is adequate in design but weak in resources and compliance, so implementation has not yet achieved its public order aim. Obstacles are poorly sited relocation sites, too few enforcement staff and limited understanding among vendors. The article recommends siting criteria, a staffing target, a simpler permit and monitoring.
Criminal Negligence as a Cause of Fires in Magelang Regency: Elements of Article 188 of the Criminal Code Ramadhani, Febryan; Krisnan, Johny; Basri
Borobudur Law and Society Journal Vol. 5 No. 5 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9631

Abstract

Fires in homes and workplaces often begin with a lapse of care, yet when such a lapse is a crime is rarely explained. The Civil Service Police and Fire Services Office of Magelang Regency recorded 115 fires in 2022, mainly from short circuits, forgotten stoves, cigarette ends and gas leaks. This article asks what elements make a person criminally responsible for causing a fire by negligence under Article 188 of the Criminal Code, and how the new Criminal Code, Law No 1 of 2023, changes the answer. It is normative legal research using statutory, conceptual and case approaches. The materials are the two codes, doctrine and one Jayapura District Court decision, with incident information from the fire services unit, analysed qualitatively. The offence has four elements: a negligent act, a fire, explosion or flood caused by it, and one of three consequences, general danger to property, danger to life, or death, linked to the act by causation. Negligence needs a breach of the duty of care that a reasonable person would have observed and a foreseeable consequence, so a lapse such as forgetting a stove is punishable only if these are shown. Article 311 of Law No 1 of 2023 retains the offence with a five-year maximum. The article recommends prosecution guidance, electrical safety inspection and public information.
Mental Health Services for Prisoners at Magelang Class IIA Prison: From Law No. 18 of 2014 to Law No. 17 of 2023 Wisaksono, Muhamad Hafidh; Suharso; Noviasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 4 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9712

Abstract

Prison overcrowding threatens the mental health of inmates, and the Mental Health Law of 2014 required correctional institutions to promote mental health and provide psychosocial support. That law was repealed by the Health Law of 2023. This study asks how mental-health services for prisoners were implemented at Magelang Class IIA Prison under the 2014 Law, which obstacles stand in the way, and what the change of law means for them. It is normative-empirical research with a sociological approach, based on statutes, observation, interviews with prison officials and health staff, and literature, analysed qualitatively with the four implementation factors of Edwards III. The prison offers recreation, exercise, skills activities and monthly outpatient treatment with medicine from the city mental hospital, but it has two doctors, one nurse and two clinic assistants, no mental-health specialist, no special budget (about IDR 20,000 per inmate per month for all health care) and 507 inmates in a prison built for 221, which is 129 per cent above capacity. Implementation is therefore not optimal in resources and bureaucratic structure, although staff disposition is positive. The Health Law keeps the duty but does not remove these obstacles. The article recommends a staffing norm, a budget line, a transfer protocol and reduced overcrowding.
The Role of the Magelang Regency Trade Department in Realising Cleanliness and Order in Traditional Markets Zakaria, Ahmad; Dewi, Dyah Adriantini Sintha; Noviasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 1 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9755

Abstract

Traditional markets support the livelihoods of many Indonesians, but they also put public health at risk when they are not kept clean and orderly. Magelang Regency’s Department of Trade, Cooperatives and SMEs manages seventeen traditional markets, yet the duties it exercises are spread between an organisational regent’s regulation and a regional regulation on market management. This article asks how the Department performs its role in realising cleanliness and order in these markets, which legal instruments define that role and what hinders it. It is empirical legal research with a socio-legal approach that applies role theory, through expectation, norm, performance, evaluation and sanction, to data from observation, interviews and Department documents. Only Tempuran Market meets the Indonesian National Standard (SNI) for people’s markets; in the other markets waste accumulates, visitor parking is absent, and cleaning and security staff are too few. Traders’ duty of cleanliness lies in Regional Regulation No 23 of 2008, but its sanction ladder is attached to other provisions, so enforcement lacks a clear textual basis. The Department therefore performs its role without yet achieving the expected result. Limited staff and funds, delayed revitalisation and low awareness among traders and visitors hinder it. The article recommends staffing ratios, a defined sanction procedure and an SNI-based revitalisation schedule.
Criminal Law Enforcement against Beggars and Homeless People in Magelang Regency under Regional Regulation No. 1 of 2019 Nugroho, Septiawan Ady; Hakim, Hary Abdul; Kurniaty, Yulia; Krisnan, Johny
Borobudur Law and Society Journal Vol. 5 No. 2 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/9792

Abstract

Begging and homelessness in Magelang Regency, a tourist destination, are handled under Regional Regulation No 1 of 2019, whose Article 30 punishes begging, vagrancy and giving money to beggars, while the Criminal Code provisions on begging and vagrancy that were once its companion have been repealed. This article asks how criminal law was enforced against beggars and homeless people in the Regency, what the new national criminal law changes, and whether the criminal approach is compatible with the state’s constitutional duty towards the poor. It is normative and empirical legal research: an analysis of the Regulation, the old and new Criminal Codes and the Constitution, supported by one interview with the head of the law enforcement division of the Civil Service Police Unit (Satpol PP). The findings are that the task force required by the Regulation has not been formed, that raids end in recording and return or referral, that prosecution reached trial only once, and that Satpol PP lacks investigators, detention powers and holding facilities. The Regulation’s definitions are so wide that they reach buskers, and the criminal sanction has been overtaken by Law No 1 of 2023 and Law No 1 of 2026. The article recommends forming the task force, a referral protocol with safeguards, and revision of Article 30 into a narrow, fine-only provision.

Page 13 of 17 | Total Record : 162

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