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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 104 Documents
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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
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
DISHARMONI PENGATURAN TINDAK PIDANA POLITIK UANG DALAM UNDANG-UNDANG PEMILU DAN UNDANG-UNDANG PILKADA Aditya Wiguna Sanjaya
Jurnal Magister Hukum Perspektif Vol. 16 No. 1 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i1.118

Abstract

The regulatory dichotomy between regional elections and general elections for the president, vice president, members of the DPR, DPRD and DPD (elections) has led to differences in arrangements between the two, one of which is regarding regulation of money politics, which in this case is interpreted as an attempt to give or promise something to voters to not exercise their right to vote or vote for a particular candidate. Arrangements regarding the prohibition of giving or promising something to voters not to exercise their right to vote or vote for certain candidates in the Pilkada Law are formed in pairs, both for the giver and also for the recipient, namely as stipulated in Article 187 A paragraph (1) and paragraph (2) of the Pilkada Law, while for the same material actions the Election Law only contains a prohibition for the giving party, as stipulated in Article 523 of the Election Law, while for the receiving party there are no prohibitions or criminal sanctions in the a quo law. This shows that there is disharmony between the Pilkada Law and the Election Law, especially in the Election Law it appears that there is a legal vacuum (vacuum of norm) regarding the prohibition for receiving parties in the practice of money politics. This research departs from two problems. First, is the regulation of money politics as a crime in the Election Law reflecting justice. Second, what is the ideal policy for formulating money politics in the context of ius constituendum? The research method used in writing this paper is normative research method. The results of the study show that the regulation of money politics as a crime in the Election Law does not yet reflect justice, for this reason it is necessary to reconstruct the regulation of money politics in the future Election Law, namely by criminalizing passive money politics. Keywords: Disharmony, Crime, Money Politics, Elections
PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM PENYELESAIAN SENGKETA KONSUMEN Wahjuningati, Edi
Jurnal Magister Hukum Perspektif Vol. 16 No. 1 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i1.119

Abstract

Article 1 point (1) of UUPK states that consumer protection is an effort to ensure legal certainty in order to provide protection to consumers. Therefore, consumers get protection in conducting trade transaction activities. The purpose of this study is to determine and analyze the regulation of consumer protection in Indonesia and the role of BPSK in consumer protection. The formulation of the problems taken in this study (1) How is the regulation of consumer protection in Indonesia and (2) What is the role of BPSK in consumer protection This research is a normative legal research with a statutory approach and concept approach. Legal materials use primary and secondary legal materials. Legal materials are collected through document review and literature study. The results of the research were analyzed using qualitative descriptive techniques. The results of this study are (1) Legal arrangements for consumer protection can be seen in article 5 of Law Number 8 of 1999 concerning Consumer Protection which explains the rights and obligations of consumers and business actors, (2) The role of BPSK is to have enforcement authority in the field of consumer protection law in order to save consumer disputes which if using court channels will take a long time. Keywords: Settlement of consumer disputes, Consumer Dispute Resolution Agency (BPSK)
PENEGAKAN HUKUM ATAS PENEBANGAN HUTAN SECARA LIAR: MASALAH DAN SOLUSI Radiah, Aisyatur; Pramono, Agus
Jurnal Magister Hukum Perspektif Vol. 16 No. 1 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i1.120

Abstract

Illegal logging is a global problem that causes serious environmental damage, ranging from deforestation, biodiversity loss, to increased carbon emissions. Indonesia, as one of the countries with the largest tropical forests in the world, faces great challenges due to this practice, especially due to weak law enforcement and not optimal stakeholder involvement. The problems raised are (1) What are the main factors that cause illegal logging to occur, and (2) How is law enforcement against illegal logging activities in Indonesia. The objectives of this paper are (1) to find out what factors cause the occurrence of illegal logging criminal acts and (2) to find out the law enforcement against illegal logging activities in Indonesia. The type of research used is normative juridical with statutory and conceptual approaches. The results of this study are (1) Factors that cause illegal logging criminal acts to occur are due to economic, social, and political factors, (2) Law enforcement against illegal logging activities is regulated in the UUPPLH and the Law on Prevention and Eradication of Forest Destruction as well as legality verification by KLHK. In addition to these regulations, other efforts are still needed to optimize law enforcement on illegal logging. Keywords: Illegal logging, law enforcement, environment, criminal offense
URGENSI PEMBUATAN PERJANJIAN PENGIKATAN JUAL BELI DALAM PROSES JUAL BELI TANAH Chrisdanty, Febry; Wahyulina, Diah
Jurnal Magister Hukum Perspektif Vol. 16 No. 1 (2025)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v16i1.121

Abstract

Land is a valuable asset that can be owned by legal subjects. Owning land can be done in several ways, one of which is through the buying and selling process. Legal transfer of land rights can only be done by making a Sale and Purchase Deed (AJB) made before the Land Deed Making Officer (PPAT). Making an AJB all administrative requirements both related to the subject and object are complete. In the field there are several conditions that result in the requirements for making an AJB not being able to be done, so there is a deed called a Sale and Purchase Binding Agreement (PPJB). PPJB is a preliminary agreement made to bind the seller and buyer, until an AJB can be made. PPJB and AJB are different, but many people still understand the two to be the same. The purpose of this study is to determine the position of PPJB in the land buying and selling process, and to analyze the differences between PPJB and AJB. The formulation of the problem raisedare (1) What is the position of PPJB in the process of buying and selling land and (2) What are the differences between PPJB and AJB? This paper is a type of empirical legal research, with an interview research approach method and questionnaire distribution, and using a descriptive analysis method. The results of this are (1) The position of PPJB and AJB is different in the process of buying and selling research land, (2) The differences between PPJB and AJB are as follows. PPJB is a preliminary agreement used to bind the parties and has no legal effect on the transfer of a land right, while AJB can prove the transfer of land rights made by the parties before a PPAT. Keywords: Binding, Sale and purchase, Agreement, Land.

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