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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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The Legal Politics of Wonosobo Regency Regional Regulation No. 4 of 2022 on Environmental Protection and Management Devi, Anggie Silvie Evita; Syafingi, Habib Muhsin; 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: 10.31603/9835

Abstract

Wonosobo Regency faces waste, damage from quarrying, loss of green space and conversion of protected areas. Its Regional Regulation No 4 of 2022 on Environmental Protection and Management is meant to make the Regency clean, healthy and sustainable. This article asks what direction of legal policy the Regulation expresses and what political configuration produced it, using Mahfud MD’s theory that a democratic configuration yields a responsive legal product. It is normative legal research with statutory and historical approaches, applied to the Regulation, the national environmental statutes, the 2018 academic paper and the factions’ positions in the regional council; it uses no deliberation records or interviews. The findings are that the Regulation follows the structure of Law No 32 of 2009 and adds little that is specific to Wonosobo, and that, as the provisions are described, it is silent on waste, quarrying, sanctions and enforcement. Approval by seven of eight factions, one with a special note, shows consensus but does not prove a democratic configuration. The Regulation is therefore best called partly responsive: its rights and participation provisions respond to the community, but its content leaves enforcement to executive discretion. The article recommends an implementation evaluation and revision of the enforcement provisions.
Street Violence by Youths (Klitih) in Magelang: A Criminal Law and Criminological Review Aji, Arya Bima Damar; Basri; Kurniaty, Yulia; Krisnan, Johny
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: 10.31603/9847

Abstract

Klitih, random street violence mostly committed by teenagers, has been reported in Magelang and weakens residents’ sense of safety outdoors, yet its legal treatment is rarely analysed as a set of offences. This article asks how criminal law and criminology explain klitih and how it should be handled, with attention to child offenders. It is normative legal research using the statute approach and a conceptual approach based on criminological theory, applied to statutes, Supreme Court regulations, the literature and press reports of incidents, analysed descriptively and qualitatively. No judicial decision could be analysed in full. The article finds that klitih is not a separate offence: depending on the facts it is charged as assault, murder, group violence or possession of a sharp weapon. Its provisions have moved from the old Criminal Code to Law No 1 of 2023, in force since 2 January 2026. Where the offender is a child, Law No 11 of 2012 requires diversion for offences below seven years and treats imprisonment as a last resort, which limits the call for heavy sanctions. Criminologically, klitih is best explained as a group subculture shaped by weak social control. The article recommends prosecution proportionate to the conduct, restorative handling of child offenders, and prevention through schools, families, police patrols and collection of local data.
Criminal Responsibility of Football Match Organising Committees for Riots: The Kanjuruhan Tragedy Putra, Fajar Adi Satria; Kurniaty, Yulia; Hakim, Hary Abdul
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: 10.31603/9850

Abstract

A football match organising committee is expected to guarantee the safety of players and spectators, yet the Kanjuruhan tragedy of 1 October 2022 shows how hard it is to attribute criminal responsibility when a riot, a crowd crush and police use of tear gas occur together. This study asks on what provisions, under what elements and within what limits an organising committee can be held criminally responsible for a riot, and how that responsibility differs from that of the league operator, the football association and the police. It is normative legal research using statutory, case and conceptual approaches. The materials are the Criminal Code, Law No 11 of 2022 on Sport, the PSSI Statutes and Safety and Security Regulations, FIFA rules, police regulations, the report of the government fact-finding team and press accounts of the trials. The study finds that responsibility of the committee rests on negligence under Articles 359 and 360 of the Criminal Code and, separately, on Article 103 of Law No 11 of 2022; that the committee’s omissions on ticketing, evacuation and preparation were concurrent causes beside the firing of tear gas; and that the proposed characterisation of the events as a crime against humanity is not supported. Regulation of stadium safety, clear command responsibility and licensing of organisers are needed.
Implementation of Ministry of Home Affairs Regulation No. 7 of 2019 on Online Population Administration Services at the Magelang Regency Population and Civil Registration Office Azhnuri, Wanda Minerva; Dewi, Dyah Adriantini Sintha; Syafingi, Habib Muhsin; Suharso
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: 10.31603/9858

Abstract

The Magelang Regency Population and Civil Registration Office (Disdukcapil) provides documents online and offline. Ministry of Home Affairs Regulation No 7 of 2019 created the online channel to make governance more effective and efficient. This article asks how the Regulation is implemented at the office and what hinders it. This empirical socio-legal study applies the four implementation factors of George C Edwards III: communication, resources, disposition and bureaucratic structure. Primary data come from interviews in February and May 2023 with four officials of the office; the legal materials include the Regulation and the office’s service standard; the analysis is qualitative. The findings rest on the informants’ accounts, not on transaction data. Residents of 15 of the 21 sub-districts are reported to use offline service mainly, because of poor internet in mountain areas, limited digital skills among older residents and personal preference. Staff, budget and facilities are reported as insufficient, and the service standard is not yet fully applied. The Regulation is read as adding an online channel to offline service, not replacing it, so low online use is a problem of access and outreach and not of residents’ non-compliance. The article recommends assistance points in villages, a service desk for older residents, response-time targets, a complaint channel and the systematic collection of usage data.
Effectiveness of Regional Regulation No. 7 of 2009 on Organising and Empowering Street Vendors for Public Order in the Borobudur Area Septiyana, Latifia Dewi
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: 10.31603/9895

Abstract

Street vendors (pedagang kaki lima, PKL) sustain local livelihoods, but around Borobudur Temple, a World Heritage property and a national strategic area, they trade on pavements and road verges and disturb public order. This article asks how effective Magelang Regency Regional Regulation No 7 of 2009 on Organising and Empowering Street Vendors is in achieving public order in the Borobudur area, and why. It is empirical legal research with a sociological approach, using the Regulation, earlier studies and an interview with an official of the Department of Trade, Cooperatives and SMEs, and it assesses effectiveness against Soekanto’s five factors. The article finds that the Regulation is clear in content but weakly effective in Borobudur sub-district. The Regent’s power under article 4 to determine, move and close vendor locations, and the empowerment duty in article 11, have not been exercised there because no land suitable for relocation has been identified; the permit duty in article 6 is often unmet; and the department reports no re-checking of vendors from 2020 to 2022. Heritage and spatial-planning law narrow the options for siting vendors. The article recommends a siting study with published criteria, an interim arrangement for vendors, a funded rest area and a permit scheme, and it advises that the Regulation’s current status be confirmed.
Effectiveness of the Village Fund in Improving Community Welfare through Community Empowerment Activities in Ketitang Village, Temanggung, 2017–2021 Hapsari, Puput Nia; Syafingi, Habib Muhsin; 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: 10.31603/10009

Abstract

The Village Fund is meant to improve rural welfare through development and community empowerment, yet little is known at village level about whether empowerment spending leaves lasting results. This study examines how effective the Village Fund was in empowering the community of Ketitang Village, Temanggung Regency, in 2017–2021, and what stood in the way of welfare. Using socio-legal research, it reads village budgets, work plans and interviews through Soerjono Soekanto's five factors of legal effectiveness and analyses them qualitatively. Empowerment received 10.7 to 13.8 per cent of the Fund each year. All five sampled programmes were carried out, but participation then declined: only 17 of the 60 people who began the four group programmes remained, most waste bins are neglected, and no one now produces batik for sale. The legal provisions and facilities were adequate. The obstacles were poorly targeted programmes, low community awareness and consistency, and a habit of joining because others do, compounded by weak links to markets and follow-up. The programmes have therefore not been effective. Villages should assess needs and markets before choosing programmes, select participants by clear rules, and provide at least twelve months of mentoring, with monitoring indicators in the village work plan.
Judicial Reasoning in a Case of Assault and Destruction of Property: An Analysis of Medan High Court Decision No. 1388/PID/2023/PT MDN Faturohman; Mulyanah, Siti; Insiyah, Siti Amanatun
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: 10.31603/10963

Abstract

Courts often treat reconciliation between offender and victim as a reason to reduce a sentence for assault, yet the conditions under which it should count are seldom examined. This study analyses the judicial reasoning in Medan High Court Decision No 1388/PID/2023/PT MDN, an appeal in a case of assault and destruction of a car, to determine how the elements of Articles 351(1) and 406(1) of the Criminal Code were applied and whether the grounds for reducing the sentence were sound. It is normative research using statutory and case approaches, read against the purposes of punishment and the guidelines on restorative justice. The first-instance court imposed one year and six months’ imprisonment and restitution of IDR 52,382,200; the High Court convicted on both offences yet reduced the prison term to one year, citing the victim’s arrival at about 02.30 and a reconciliation after the event. Neither ground withstands scrutiny. The victim’s arrival was not provocation, and the reconciliation was arranged at the defendant’s house on the initiative of his father, a police officer later convicted for his own part in the incident, so it cannot be presumed voluntary. Reconciliation should mitigate a sentence only when the court is satisfied that it was free, informed and accompanied by real reparation.
Informed Consent as Legal Protection for Health Workers against Malpractice Claims under Law No 17 of 2023 on Health Winarti; Yuspin, Wardah; Soekiswati, Siti
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: 10.31603/11377

Abstract

Health workers accused of malpractice often rely on informed consent as their first line of defence, yet most Indonesian studies of consent still rest on the Health Law of 2009 and the Medical Practice Law of 2004, both repealed by Law No 17 of 2023 on Health. This normative study asks how the 2023 Law protects health workers in emergencies, how far informed consent protects them in ordinary care, and what role consent plays in the therapeutic agreement. It uses statutory and conceptual approaches to the 2023 Law, Government Regulation No 28 of 2024, the Civil Code and the Criminal Code, and to the literature on consent. The Law requires consent for every individual health service, permits oral or written consent and dispenses with it in an emergency only when the patient lacks capacity and no one can consent on the patient’s behalf, in which case the worker must act in the patient’s best interests. Consent is a condition for the therapeutic agreement to arise, but it protects the worker only if the information was adequate and the service met professional standards; it is no defence to negligence or to euthanasia, which remains a crime. The new disciplinary council adds procedural protection. Standard consent forms for high-risk and emergency care, rules for proxy consent and training in disclosure are recommended.
Supervision of Constitutional Court Judges after Decision No 005/PUU-IV/2006: A Reassessment in the Light of Later Developments Lestari, Dian; Suharso; Noviasari, Dilli Trisna; Syafingi, Habib Muhsin
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: 10.31603/11767

Abstract

In Decision No 005/PUU-IV/2006 the Constitutional Court removed its own judges from the ethical supervision of the Judicial Commission, leaving them to an internal Honour Council. The decision has been widely criticised, but the criticism has rarely been tested against the record of internal supervision since then. This study asks whether the Court’s reasoning was sound and what model of supervision the record of 2006–2023 supports. It is normative research using statutory, case and conceptual approaches to the 1945 Constitution, the Judicial Commission and Constitutional Court Laws and their amendments, the 2006 decision and later decisions of the Court and its Honour Council. The Court’s argument that its judges are not ‘judges’ under Article 24B(1) is weak, but its concern for its impartiality in disputes involving the Commission is real. The later record shows that internal supervision did not prevent two judges from being convicted of corruption, that the Court twice struck down legislative attempts to add external members, and that an Honour Council with outside members was able, in 2023, to remove the Chief Justice from office for a serious ethical violation. The ethics of Constitutional Court judges should therefore be supervised by a permanent, statutory Honour Council with a majority of members from outside the Court and binding powers of sanction.
Imprisonment of a Child for Possession of a Sharp Weapon: An Analysis of Purworejo District Court Decision No. 5/Pid.Sus-Anak/2024/PN Pwr Kurnianingrum, Diah; Kurniaty, Yulia; Basri
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: 10.31603/14240

Abstract

Law No 11 of 2012 on the Juvenile Criminal Justice System requires that imprisonment of a child be a last resort, yet children who carry sharp weapons are regularly imprisoned because diversion is closed to them. This study examines Purworejo District Court Decision No 5/Pid.Sus-Anak/2024/PN Pwr, in which a student who carried a sickle during a brawl between students, without injuring anyone, was sentenced to three months’ imprisonment. It asks on what grounds the sentence rests and whether it conforms to the best interests of the child and the last-resort rule. The research is normative, using statutory, case and conceptual approaches, and compares the decision with two other juvenile weapons decisions. The sentence is lawful in form: the offence carried up to ten years, so diversion was legally excluded, not merely ineffective. Its reasoning is weak in substance. Imprisonment in a juvenile institution requires a finding that the child endangers the community, but the decision rests mainly on weak parental supervision, a deficit that a supervision sentence, guidance outside an institution or institutional guidance addresses directly, and a three-month term was within the range for a conditional sentence. Courts should state why each non-custodial option is inadequate, and the diversion threshold should be reconsidered for possession offences that cause no harm.

Page 14 of 17 | Total Record : 162

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