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Jurnal Magister Hukum Perspektif
Published by Universitas Wisnuwardhana Malang
ISSN : 20866526     EISSN : 26220873     DOI : https://doi.org/10.37303/jurnal%20magister.v14i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Dogmatika Hukum (Legal Dogmatics), Teori Hukum (Legal Theory), Fisafat Hukum (Legal Philosophy) dan Perbandingan Hukum (Comparative Hukum) serta hasil penerapan hukum dengan topik Hukum Perdata dan segala spesifikasinya, Hukum Pidana dan spesisfikasinya, Hukum Konstitusional/Tata Negara dan spesifikasinya, Hukum Administrasi dan spesifikasinya, Hukum Adat dan spesifikasinya, Hukum Internasional dan spesifikasinya dan Hukum Kesehatan serta di bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 13 No 2 (2022)" : 5 Documents clear
PERALIHAN HAK ATAS TANAH DENGAN PERJANJIAN PENGIKATAN JUAL BELI BERDASARKAN SEMA NO. 4 TAHUN 2016
Jurnal Magister Hukum Perspektif Vol 13 No 2 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.288 KB) | DOI: 10.37303/.v13i2.65

Abstract

The transfer of land rights through buying and selling according to PP No. 24 of 1997 concerning land registration states that land can be transferred if there is a Sale and Purchase Deed (AJB) made by PPAT, the development of legal facts is that there is a Sale and Purchase Binding Agreement (PPJB) based on SEMA Number 4 of 2016 that the transfer of land rights can only be transferred based on PPJB, because until now there has been no clear regulation specifically regarding PPJB in the laws and regulations, it is often questioned regarding the validity of PPJB, as well as legal protection to the parties who make it. The purpose of this study was to analyze the status of the transfer of land rights with PPJB based on SEMA No. 4 of 2016 which does not require the existence of AJB and to know the legal protection for the parties if the transfer of land rights is only with PPJB only. This study uses a normative juridical research method with an approach in the form of legislation and cases with qualitative descriptive analysis methods. The results of this study are that the status of the transfer of land rights with PPJB based on SEMA No. 4 of 2016 which does not require the existence of AJB is valid as Article 1338 of the Civil Code but does not guarantee that the transfer of land rights to other people can occur if the transfer is not carried out according to Article 1459 of the Civil Code, PPJB before AJB is allowed as long as the requirements as stipulated in the regulations are met, Meanwhile legal protection for parties who make PPJB only in the transfer of land rights is preventive legal protection, by pouring clear clauses in PPJB and repressive legal protection, the parties can resolve it until the court. Keywords: Transfer of rights, PPJB, Legal Protection
PENEGAKAN HUKUM DALAM PENGAWASAN ORANG ASING DI MASA PANDEMI COVID-19
Jurnal Magister Hukum Perspektif Vol 13 No 2 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (444.104 KB) | DOI: 10.37303/.v13i2.67

Abstract

The purpose of this study is to analyze forms of immigration criminal violations committed by foreigners and law enforcement mechanisms in an effort to supervise foreigners during the Covid-19 pandemic. This study uses a normative legal research method, because this research analyzes legal materials based on concepts, theories, laws and regulations, doctrines, legal principles and the author's opinion. The study findings various policy instruments and strategies were issued by General Director of Immigration to overcome the problems due to restrictions on the mobility of people, including foreigners. There are two forms of violation of the Immigration Law, namely administrative violations and pro-justice violations. This study found that the types of violations committed by foreigners include abuse of residence permits, falsification of documents and involvement in human trafficking. The Directorate General of Immigration as the authorized party to enforce immigration law takes action against violators of immigration law who commit administrative and criminal violations in accordance with applicable regulations. There are three recommendations from this study. First, socialization related to immigration services during the pandemic must be increased. Second, it is necessary to build synergy and coordination between Timpora, especially in detecting potential vulnerabilities in the presence and activities of foreigners in Indonesia. Third, a structured law enforcement organizational is needed which clearly and hierarchically on function, controlling, supervised of the law enforcement process. Fourth, improving the competence of immigration personnel needs to be intensified to understand the substance and technicalities, especially in mastering information technology
KEPASTIAN HUKUM PUTUSAN PEMIDANAAN YANG TIDAK BERDASARKAN SURAT DAKWAAN JAKSA PENUNTUT UMUM
Jurnal Magister Hukum Perspektif Vol 13 No 2 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.845 KB) | DOI: 10.37303/.v13i2.68

Abstract

In criminal law enforcement, there is a problem with the judge made law which is unfair and irresponsible in deciding a case, thereby reducing public trust in the judiciary. Criminal judges in Indonesia make many legal breakthroughs in passing a criminal case decision that does not refer to the provisions of the legislation, in other words the judge carries out his own interpretation of a criminal act that is appropriate for the defendant based on the facts in the trial and sets his own article that fits with the facts of the trial that are seen, resulting in a decision that is not in accordance with the indictment of the public prosecutor. It can be seen that there has been a legal event where the judge has decided outside the prosecutor's indictment and this research needs to be followed up by linking the judge's decision that was handed down not based on the article indicted from the aspect of legal certainty. The type of research used in this research is doctrinal law research. The sentencing decision in a criminal case which is decided by a judge not based on the indictment of the Public Prosecutor can be considered invalid because it is contrary to the principles of criminal law. In the examination in court, the party who must prove the indictment to the defendant is the public prosecutor, not the judge. Keywords: Legal Certainty, Judge made law, Letter Demands, Public Prosecutor
TINJAUAN ETIKA BISNIS ISLAM TERKAIT PENGGUNAAN ALAT GANTI TIMBANGAN SEMBAKO
Jurnal Magister Hukum Perspektif Vol 13 No 2 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.051 KB) | DOI: 10.37303/.v13i2.69

Abstract

This research intends to analyze the practice of using a tool to replace the scales in the selling and buying of groceries at the Cukir Diwek Jombang market, so that traders prioritize honesty and responsibility. This research uses an empirical juridical method by using an interview approach to find the object of research. The data will be presented descriptively-qualitatively. The result of this research is that some traders in Cukir Diwek Jombang are less concerned about the rules for replacing good scales in business ethics and some traders have implemented these Islamic business ethics. Keywords: Islamic Business Ethics, Scale Change Tool, Selling and Buying Transaction
EFEKTIFITAS HUBUNGAN PASAL 289 KUHP DENGAN PACARAN DI ERA MILENIAL
Jurnal Magister Hukum Perspektif Vol 13 No 2 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.319 KB) | DOI: 10.37303/.v13i2.70

Abstract

The purpose of this paper is to analyze the effectiveness of the relationship between Article 289 of the Criminal Code and dating in the millennial era. This research uses a statutory approach and a conceptual approach. The results showed that the ineffectiveness of article 289 of the Criminal Code with dating in the millennial era. This is because times are changing, changes in the concept of courtship are also shaped by the mindset of most teenagers who do not want to be considered a child but will be more proud if they are considered an adult. So there is also a view that sexual behavior is considered a symbol of maturity status. There is still a perspective among law enforcement officials that sexual violence occurs because of willingness (mutual consent). The victim's condition is also exacerbated by patriarchal views that often see women as the cause or trigger of sexual violence. Keywords: 289 KUHP, Millennial Era Dating

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