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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 7 Documents
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Search results for , issue "Vol. 16 No. 2 (2025)" : 7 Documents clear
PERLINDUNGAN HUKUM HAK PETANI TERKAIT PEMANFAATAN SUMBERDAYA GENETIK TANAMAN PANGAN DI INDONESIA Yuliati, Yuliati
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.124

Abstract

Plant Genetic Resources for Food and Agriculture (PGRFA) play a crucial role in human welfare and global economic growth. However, the implementation of Intellectual Property Rights (IPR) in the agricultural sector introduces significant complexities, encompassing issues of food security, genetic engineering, genetic resource management, respect for traditional knowledge, and protection of farmers' rights and local varieties through patents or sui generis systems. This normative legal research aims to examine: (1) The legal basis for protecting Farmers' Rights related to PGRFA utilization in Indonesia; (2) The adequacy of existing IPR regulations and related laws in safeguarding these Farmers' Rights. Employing conceptual and statutory approaches, this study analyzes the prevailing legal framework. Findings reveal: (1) As a WTO member and primary PGRFA provider, Indonesia holds a strategically vital position for global food security. Yet, the government has not provided adequate legal recognition and protection for Farmers' Rights in utilizing genetic resources; (2) Indonesia's WTO membership—particularly through amendments to the Patent Law and Plant Variety Protection Law (PVPL)—has yielded detrimental impacts. The PVPL is considered inadequate in accommodating farmers' interests due to its lack of substantive clarity regarding Farmers' Rights. This research recommends a comprehensive review and amendment of the PVPL to adopt a more pro-farmer stance, strengthening recognition of customary law and considering responses from other developing WTO member nations facing similar challenges. This legal reform is imperative to balance compliance with international commitments while protecting national interests and farmers' rights. Keywords: Intellectual Property Rights, Farmers' Rights, Legal Protection
PERKEMBANGAN REGULASI MENGENAI BENEFICIAL OWNERSHIP DI INDONESIA BAGI KORPORASI DALAM BISNIS DAN PENCEGAHAN TINDAK PIDANA Pradhana, Angga Pramodya; Chairani, Meirza Aulia; Yitawati, Krista
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.126

Abstract

This study analyzes the evolution of Beneficial Ownership regulations in Indonesia, focusing on their crucial role in corporate governance and the prevention of financial crimes, particularly Money Laundering and Terrorism Offenses. This study traces the legal framework from its basic instrument, namely Presidential Regulation No. 13 of 2018, to the significant strengthening marked by the issuance of Regulation of the Minister of Law and Human Rights No. 2 of 2025. The problems raised in this paper are (1) What is the role of beneficial ownership for corporations in Indonesian business? and (2) How can money laundering and terrorism financing be prevented in beneficial ownership for corporations? The type of research used is legal-normative, which focuses on the study of legislation and legal literature related to beneficial ownership in Indonesia. The analysis was conducted using a legislative and conceptual approach by understanding the legal framework, effectiveness, and challenges of implementing regulations in corporate practice. The results of the study show that (1) Beneficial Ownership plays a central role in increasing corporate transparency and accountability; (2) Prevention can be done with clear regulations and the implementation of beneficial ownership transparency, even though regulations have made significant progress, compliance and supervision challenges remain major obstacles. Therefore, increasing corporate awareness and capacity is essential so that the principle of beneficial ownership can effectively support the prevention of corporate crime and the creation of a transparent and accountable business environment in Indonesia. Keywords: Beneficial Ownership, Corporations, Money Laundering, Terrorism Offenses
PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE: STUDI IMPLEMENTASI UNDANG-UNDANG ITE DI INDONESIA Mohammad Daffa Saifullah; Pramono, Agus
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.127

Abstract

The increasing prevalence of cybercrime, particularly online fraud, poses significant challenges for modern legal systems. Although a number of studies have highlighted the technological and criminological dimensions of cybercrime, scientific attention to the normative adequacy and effectiveness of the legal framework governing online fraud remains limited. This study fills this gap by examining the interaction between the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE) in regulating online fraud. The research questions addressed in this study are (1) How is online fraud regulated by law and (2) What are the obstacles faced in the process of enforcing the Law on Online Fraud?  The research method used in this study is a legal-normative method by analyzing several primary and secondary legal sources, including legislation, journal articles, and electronic news. Based on the research process that has been carried out, it was found that in Indonesia itself, there are already laws that regulate violations committed by individuals/entities in the virtual environment, which are listed in several laws and regulations, both in the ITE Law and the Criminal Code. However, in the implementation process, law enforcement officials still face many obstacles in carrying out their duties in relation to cybercrime cases, one of which is the ambiguity of the choice of law. Keywords: Online Fraud, Cybercrime, Personal Data, ITE Law, Criminal Code
KEABSAHAN PERJANJIAN ELEKTRONIK DAN PENYELESAIAN SENGKETA WANPRESTASI DEBITUR PINJAMAN ONLINE Kiswah, Maftuha; Rukaman Wibisono, Wina Febrianti; Setyawan, Fendi; Adonara, Firman Floranta
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.128

Abstract

The rapid growth of financial technology (fintech) in the form of peer-to-peer lending has transformed borrowing and lending practices in Indonesia. Electronic contracts serve as the main legal instrument between creditors and debtors, yet they raise issues of validity, consumer protection, and dispute resolution in cases of default. This study employs a normative juridical approach by analyzing Law No. 8 of 1999 on Consumer Protection, Law No. 19 of 2016 on Electronic Information and Transactions, Government Regulation No. 80 of 2019 on Electronic Trade, and Financial Services Authority regulations (POJK No. 61/2020 and SEOJK No. 19/2023). The findings reveal that the validity of electronic contracts is legally recognized as long as they meet the essential requirements of agreement, capacity, lawful cause, and specific object, as stipulated in the Indonesian Civil Code. Disputes arising from debtor defaults can be resolved through litigation, such as simplified lawsuits, or non-litigation mechanisms, including mediation, Alternative Dispute Resolution Institutions (LAPS), and complaint facilities provided by the Financial Services Authority (OJK). However, challenges persist due to consumers’ low legal literacy, unethical debt collection practices, and asymmetry in bargaining positions. Therefore, strengthening the regulatory framework for electronic contracts and implementing fair and accessible dispute resolution mechanisms are necessary to enhance legal certainty and consumer protection. Keywords: Electronic Contract, Online Loan, Default, Consumer Protection, Dispute Resolution.
PENATAAN LEMBAGA NEGARA PENUNJANG INDEPENDEN DALAM SISTEM KETATANEGARAAN INDONESIA Zamroni, Muchammad; Nugroho, Jati; Ibrahim, Anis; Purwanti, Henny; Sriyantini , Dwi
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.129

Abstract

The atmosphere of the check and balances relationship in the Trias Politica between state agencies tests each other because each state agency may not exceed the limits of power that have been determined by the laws and regulations of state agencies, their powers are not interfered with so that there is a balance of power between state agencies. Through a normative legal approach related to the arrangement of independent supporting state institutions, it can be concluded as follows: First, looking at the level or hierarchy of laws and regulations that regulate independent state institutions, the higher the laws and regulations that underlie their formation such as the National Human Rights Commission, the General Elections Commission, the Corruption Eradication Commission and other state institutions that have what is called constitutional importance, the more independent the institution is. Second, looking at the functions carried out by independent supporting institutions, these state institutions can also be grouped based on the functions inherent in the institution, such as institutions that carry out judicial functions based on Article 24 paragraph (3) such as: the Corruption Eradication Commission, the Prosecutor's Office, and the National Police, Executive functions such as the National Human Rights Commission, legislative functions such as the Financial Transaction Reports and Analysis Center, and the Indonesian National Police.  Keywords: Arrangement of State Institutions, Independent Supporters, State Administration System
HAPUSNYA UTUSAN GOLONGAN DALAM UNDANG-UNDANG DASAR 1945 DAN DAMPAK HUKUMNYA TERHADAP REPRESENTASI KETERWAKILAN Dedi Putra, Marsudi; Putri Erlanha , Regitha
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.130

Abstract

One unique characteristic of Indonesia's representation is marked by the existence of the Utusan Group. However, after the amendment to the 1945 Constitution, the existence of Group Representatives was removed, thus affecting the institutional structure of the People's Consultative Assembly. The problems in this article are (1) What is the legal basis for the abolition of Group Representatives from the state institution of the People's Consultative Assembly?, (2) What is the legal impact of the abolition of Group Representatives on the representation of representatives in the state institution of the People's Consultative Assembly? Legal research that uses normative juridical. Research results: (1) The argument for the abolition of Utusan Golongan is because it is not fully effective in reflecting the interests of society at large, there is a tendency for Utusan Golongan to be used as a tool by the government to strengthen power, not as a pure means of group representation, and simplifying institutional structures. (2) The legal impact of eliminating Group Envoys from the MPR structure has changed the meaning of popular sovereignty. As a result, the existence of the MPR as the incarnation of all the people becomes closer to the incarnation of a political party. Key words: group delegates, 1945 constitution, legal impact, representative representation
PENATAAN KELEMBAGAAN PENYELENGGARA PEMILU DAN PILKADA DALAM MENINGKATKAN INTEGRITAS DEMOKRASI DI INDONESIA Hindiawati, Wahyu; Ismawati, Ismawati; Haq, Abdul; Ayu Paramitha, Amelia; Sabar Rotua Tinambunan, Hezron
Jurnal Magister Hukum Perspektif Vol. 16 No. 2 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i2.131

Abstract

Following the rise of issues like overlapping authority, regulatory inconsistency, inter-institutional contestation, and low public trust in election results, the institutional arrangement of election and regional head elections (Pilkada) organizers is a crucial component in bolstering the integrity of Indonesia's democracy. To guarantee the General Election Commission (KPU), the Election Supervisory Body (Bawaslu), and the Election Organizer Honorary Council (DKPP) can perform their duties competently and honestly, a thorough assessment of their institutional design is required under these circumstances. Finding a model of arrangement that may enhance the quality of procedural and substantive democracy is the urgent goal of this research, which also intends to assess the urgency of institutional arrangement of election and regional head elections (Pilkada) organizers. By reviewing statutes, case law, academic publications, and election administration practices throughout many election cycles, this study employs a normative legal research methodology that is conceptual, comparative, and based on statutes. The study shows that regulatory disharmony, unclear authority boundaries, overlapping conflict resolution systems, and insufficient election organizing institution coordination are the key issues. Independence, professionalism, accountability, and openness in elections also affect institutional integrity. The study finds that election and regional election organizers must align legislation, reinforce organized authority, build institutional capacity, and improve coordinating mechanisms to safeguard Indonesian democracy.    Keywords: Institutional Arrangement, Elections, Regional Head Elections, Democratic Integrity.

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