cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Debrina Rahmawati
Contact Email
debrina.rahmawati@gmail.com
Phone
+6281231915486
Journal Mail Official
perspektif@wisnuwardhana.ac.id
Editorial Address
Magister Ilmu Hukum PPs. Universitas Wisnuwadhana Malang Jalan Danau Sentani 99 Malang Telp/fax: 0341-713604/0341-713603
Location
Kota malang,
Jawa timur
INDONESIA
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. 15 No. 2 (2024)" : 5 Documents clear
DAMPAK HUKUM ASAS KELEMBAGAAN ATAU PEJABAT PEMBENTUK YANG TEPAT DALAM PEMBENTUKAN PERDES Tri Laksono, Wibowo; Achmad Affandi, Rizal; Estu Bagijo, Himawan
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.112

Abstract

The formation of village regulations that comply with the principles of appropriate forming officials is important to ensure the legitimacy and compliance of village communities. However, this process formation various problems. Problems in this research (1) What is the mechanism for forming village regulations that fulfill the principles of appropriate forming officials? (2) What are the legal impacts of forming village regulations that do not meet the principles of appropriate forming officials? This type of research uses normative law with a statutory and conceptual approach. Collecting legal materials uses literature study, and analyzes using qualitative descriptive. Research results: (1) The formation of village regulations has the same mechanism as the formation of statutory regulations, which includes planning, drafting, discussion, ratification or stipulation, and promulgation, (2) Village regulations do not meet the institutional principles or appropriate forming officials has the impact of formal defects, administrative disruption, potential abuse of power, and creates legal uncertainty. Moreover, village regulations that do not meet the appropriate institutional principles or forming officials can create a risk of non-compliance with village regulations so that village regulations do not run effectively. Keywords: principles of appropriate forming officials, village regulations, challenges in forming village regulations, legal impact
Praktik Penggunaan Merek Dagang pada Warung Cabang Purnama di desa Cukir Perspektif Etika Bisnis Islam Umam, Nasrul; Asi Islami, Trinah
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.113

Abstract

This research discusses the use of Trademarks on a product that is traded. The use of the trademark is discussed in terms of the perspective of Islamic business ethics, so as to know how Islamic law regulates the norms that must be applied in trade. Business ethics is an action taken or carried out by business actors in running their business, one of which is by providing protection and being responsible for the products issued, the trademark becomes one of the efforts in this regard. As one example that is used as the object of research this time is the Bebek Goreng Purnama Branch shop located in Cukir village. This research aims to explain the practice of using brands in the business, as well as how the perspective of Islamic business ethics on its application. This type of research uses juridical-empirical. This research uses a phenominological approach and conceptual approach. The results of the study concluded that the Purnama branch of the duck stall uses a trademark that has not fulfilled the license or does not have legality. Based on the perspective of Islamic Business Ethics, Purnama branch duck stall in Cukir Village, Diwek District, Jombang Regency has not fully implemented Islamic business ethics, such as the principles of unity, balance, freedom of will, responsibility and truth. Keywords: trademark, Islamic business ethics, full branch duck shop
PENYELESAIAN TINDAK PIDANA RINGAN TERHADAP HARTA KEKAYAAN MELALUI KEADILAN RESTORATIF BERDASARKAN TEORI PENCEGAHAN KEJAHATAN Supyanto, Heri; Lay, Jemi; Kuntardjo, Carolina
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.114

Abstract

Light crimes have been regulated in a limited manner in Indonesia in the Criminal Code (KUHP). The category includes violations that carry a maximum penalty of imprisonment of three months or a fine. However, minor crimes related to wealth are experiencing problems, along with the implementation of restorative justice. Therefore, there are 2 problems in this article, namely: (1) What is the deliberation model at the Sector Police Headquarters in resolving minor crimes related to assets based on restorative justice? (2) How do Sector Police members supervise the implementation of the parties' agreement to encourage the achievement of the goals of restorative justice? This legal research method is empirical with a criminological juridical approach. Research results: (1) The deliberation model at the Sector Police Headquarters in resolving minor crimes related to wealth is based on restorative justice using a deliberation model between the perpetrator and the victim with the principle of kinship. (2) How members of the Sector Police carry out supervision over the implementation of the agreement between the parties in order to encourage the achievement of the goals of equitable restorative justice. Investigators carry out investigations and act as mediators in the context of monitoring and implementing agreements between the parties that encourage the achievement of restorative justice. Keywords: minor crimes, wealth, restorative justice, crime prevention theory
TITIK PERSINGGUNGAN ANTARA HUKUM DAN MORAL DALAM TINDAK PIDANA KORUPSI MENURUT PERSPEKTIF NEO POSITIVISME HUKUM Rahman, Fathor
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.116

Abstract

The issue of corruption is a moral issue, so in this regard it can be said that a person who commits the crime of corruption is experiencing a process of moral decadence in himself. This study focuses on the two poles of legal philosophy between Legal Positivism and Legal Neo-Positivism. It is believed that moral values can be seen as the deepest sediment in the formation of norms, which is then expected to be able to find legal entities to answer the challenges of corruption problems in Indonesia through the spirit of moral improvement. The purpose of this paper is to examine a treatise on the thinking of a philosophical figure influenced by the school of Legal Positivism, namely H.L.A Hart, who chose to renew from pure positivism legal thinking, which in the end he identified the nature of law there is a mutual relationship between law and morals, although it is not absolute. The method of this writing is to use normative legal research. The results showed that Hart's thinking regarding the reflection of the relationship between law and morals does not always have a diametrical separation between law and morals. Hart indirectly recognizes that law, justice, and morals have a very close relationship, with the open texture of law. The open nature of the law to legal factors when it comes to criminal acts of corruption is not seen from the consideration of legal sanctions alone but there are natural considerations that cause moral disgrace that damage the joints of national life. The sanctions given are not only legal sanctions but also moral sanctions, which are not only used as a deterrent effect but a lesson for them to be afraid of committing corruption. Key words: Corruption, Law, Moral, Neo Legal Positivism
DAMPAK DIGITALISASI TERHADAP HUKUM KONTRAK: ANALISIS TERHADAP PERJANJIAN SMART CONTRACT Sylvia Purborini, Vivi; Bagus Suryanatha, Ida
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.117

Abstract

Digitalization has significantly changed the way contracts are executed, especially with the emergence of smart contracts. The positive impact of digitalization on contract law cannot be denied, however, there are also challenges and controversies that need to be addressed wisely. Qualitative research methods will be the main approach in exploring the impact of digitalization on contract law in smart contract analysis. By utilizing observations and document analysis, this research will explore an in-depth understanding of the implementation of smart contracts in the context of contract law. The practical implication is the need to update contract law regulations that accommodate technological developments, while the theoretical implication is the need for an in-depth understanding of the characteristics of smart contracts and their impact on traditional contract. the need to update contract law regulations to accommodate technological developments, especially in the use of smart contracts. Meanwhile, the theoretical implication is the importance of a deep understanding of the characteristics of smart contracts and their impact on traditional contracts in order to minimize potential legal conflicts. Keywords: Digitalization, Contract Law, Agreements, Smart Contracts

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 16 No. 2 (2025) Vol. 16 No. 1 (2025) Vol. 15 No. 2 (2024) Vol. 15 No. 1 (2024) Vol. 14 No. 2 (2023) Vol 14 No 1 (2023) Vol. 14 No. 1 (2023) Vol 13 No 2 (2022) Vol 13 No 1 (2022) Vol. 12 No. 2 (2021) Vol 12 No 2 (2021) Vol. 12 No. 1 (2021) Vol 12 No 1 (2021) Vol. 11 No. 2 (2020) Vol 11 No 2 (2020) Vol. 11 No. 1 (2020) Vol 11 No 1 (2020) Vol 10 No 2 (2019) Vol. 10 No. 2 (2019) Vol 10 No 1 (2019) Vol. 10 No. 1 (2019) More Issue