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Jurnal Magister Hukum Perspektif

Perspektif
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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 91 Documents

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POLITIK HUKUM PERADILAN ELEKTRONIK DI INDONESIA
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

The Covid-19 pandemic has changed public services delivery, including in the field of judicial services. One of these changes is the possibility of the trial process being conducted electronically by mean using information and communication technology, based on the internal regulations issued by the Supreme Court. Of course, every policy has advantages and disadvantages. By reviewing these two things, continuous improvement can be made so that the vison of the Supreme Court can be achieved in the form of estbablishing the ideal judicial body. Based on this, the author then takes two formulations of the problem, namely how is the regulation of electronic justice made by the Supreme Court at this time (ius constitutum)? and how should the regulation of electronic justice be in the future (ius constituendum) so that the vision of estbablishing the ideal judicial body can be achieved? To answer the formulation of the problem, the authors conducted research using normative juridical research methods. From the results of the research that has been carried out, it is concluded that there is disharmony of various regulations related to electronic justice, there are no clear rules regarding the application of the principle of openness to the public in electronic civil proceedings and it is not possible for mediation and diversion processes to be carried out online. Therefore, there is a need for improvement of regulations related to electronic justice, either by revising existing regulations or by making new one. Keywords: Policy, Judicial Process, Electronic Litigation

PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL HASIL PRODUK UMKM ERA DIGITALISASI
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

This research examines the Legal Protection of Intellectual Property Rights from the Results of Micro, Small and Medium Enterprises Products in facing the Digitalization Era, in the modern era there are many new entrepreneurs emerging in the business world, the existence of Businesses, Micro, Small, and Medium Enterprises is quite widely found. The purpose of this study is to determine the importance of protection from the results of Micro, Small and Medium Enterprises products in facing the digitalization era. The research method used is the normative juridical method, namely legal research carried out using library materials or secondary data which includes primary legal materials from laws and regulations and secondary legal materials from articles and books. The result of this study is that efforts to protect the legal results of Micro, Small and Medium Enterprises products in facing the digitalization era for business actors can be carried out through the role of the government by responding to technological advances by means of online digitalization. This step can make it easier for Business, Micro, Small, and Medium Enterprises to gain insight into the importance of protection. The innovation of Micro, Small and Medium Enterprises in creating a product continues to emerge, so that their intellectual property rights must be protected, this is the strength of the competitiveness of Micro, Small and Medium Enterprises in business. Keywords: Digitalization, Intellectual Property Rights, Protection, Micro, Small and Medium Enterprises.

BUDAYA GOTONG-ROYONG CERMIN PANCASILA DALAM PENANGGULANGAN COVID -19
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Gotong-Royong is a manifestation of the values of Pancasila. At the beginning of 2020, the Indonesian people were hit by an outbreak of the Covid-19 Virus. The Impact of the Covid-19 virus is quite large fr the people of Indonesia. Pancasila, which is based on the spririt of gotong-royong, has become the nation’s main capital in dealing with the Covid-19 pandemic. Mutual cooperation is a basic value of Pancasila and has been very clearly illustrated as the basic of a dynamic ideology. The ideological and sociological capital of the Indonesian nation is large to develop social participation as the nation’s energy in dealing with the spread and preventation of the Covid-19 pandemic and its other impacts. The purpose of this study was to analyze mutual cooperation during the Covid-19 pandemic. This study uses a normative juridical research method by reviewing the Regulation of the Minister of Home Affairs Number 42 of 2005 concerning Guidelines for the Implementation of the Month of Mutual Service. The results of the study show that in the era of the Covid-19 pandemic, mutual cooperation is still carried out by the community in various regions of Indonesia. Mutual cooperation in the Covid-19 pandemic belongs to the social sector. Several regions use different terms in gotong-royong activities, including the Jogo Tonggo Task Force, Tangguh Wani Jogo Village and many others. In this case Gotong-royong is still carried out by the community throughout the Indonesia Territory. Keywords : Gotong-royong, Pancasila, Covid-19

MAKNA SARANA UPACARA TUJUH BULANAN (TINGKEBAN) DI DESA JUBEL KIDUL KECAMATAN SUGIO KABUPATEN LAMONGAN
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

This research is based on the community tradition of the Seven Monthly Ceremony (Tingkeban) for the people of Jubel Kidul Village, Sugio District, Lamongan Regency. People always carry out traditions from generation to generation. The purpose of this study was to determine the meaning contained in the means of the Seven Monthly Ceremony (Tingkeban) in Jubel Kidul Village society, Sugio district, Lamongan City. The formulation of the problem taken is what the means of the Seven Monthly Ceremony (Tingkeban) in Jubel Kidul Village, Sugio District, Lamongan Regency. This research uses juridical-empirical methods using qualitative methods in the form of data collection techniques using interview, observation, and documentation techniques. The results of this study indicate that the facilities for the Seven Months (Tingkeban) ceremony include Dila/ Lampu Ublek (smooth the birth process), Bunga Kenanga (God's favorite), Cengkir (not fighting with relatives), Rujak (take the good side), Kendi and Cobek (male symbol). -male and female), Procot (born with Procat-Procot), White and Red Porridge (pleasing people), Tumpeng (strong), Nasi Golong (rizkinya gemolong), Ketupat (remember with a partner), Lepet, Apem (isyarah a woman ), Eggs (pregnancy age), Pleret (baby in good condition), Pigeon (always remember the house), Polo Pendem (always remember that humans come from the ground), Pisang sepet (has a sweet personality). Keywords: Seven Monthly Ceremony (Tingkeban), Symbols, Meanings

PERAN HAKIM DALAM PENEGAKAN HUKUM LINGKUNGAN HIDUP
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

As one of the institutions of state power, the court institution has a juridical duty in carrying out the duties of the state, so that the pillars of the state become upright and serve to protect all citizens. One of the pillars of the state is the establishment of justice as a form of sovereignty and authority of the state in the eyes of the international community and for the People of Indonesia as stakeholders or stakeholders in the establishment of Indonesian state law. The juridical task of the court that must be carried out in the holding of the power of the state in the judicial field is to uphold justice on the basis of legal truth. The practice of applying the law by the court must be accountable to the community, so that the court's decision is required to be in accordance with common sense. Institutionally, the decision of the first level court must be able to be accounted for if one of the parties makes a legal effort to the appeals court. Similarly, the appeal rate decision must be accounted for if one of the parties makes a cassation effort to the Supreme Court. The formulation of the issue raised is how the role of judges in environmental law enforcement. Research uses normative juridical juridical. The result found is that judges have a role in the enforcement of environmental law that realizes its protective function for environmental protection and the human right to obtain and use the surrounding natural environment. And the enforcement of sanctions for violators of environmental law must be able to have a special prevensi effect and general prevensi. Keywords: Judge, law enforcement, environment

UNDANG-UNDANG PERLINDUNGAN KONSUMEN: ATURAN HUKUM YANG DISESUAIKAN DENGAN NILAI PANCASILA
Jurnal Magister Hukum Perspektif Vol 13 No 1 (2022)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

The ideology of Pancasila that was developed as the basis for making Law Number 8 of 1999 concerning Consumer Protection is a thought that is relevant to the goal of creating a welfare state. Based on the background above, the formulation of the problem in this article is how to regulate the rule of law that is adjusted to the value of Pancasila in the Consumer Protection Law. The research method in writing this article is to use normative legal research methods. The results of the research in this article are by looking at the fifth precept, we can know that the goal is to refine the values of Pancasila as an element needed to form a unified view of life (way of life or weltanschauung) this is objectively Pancasila has met the requirements to be declared as a philosophy of life system (philosophy of life). Keywords: Pancasila Ideology, Consumer Protection, Welfare State

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

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

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

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

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

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Debrina Rahmawati

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Magister Ilmu Hukum PPs. Universitas Wisnuwadhana Malang Jalan Danau Sentani 99 Malang Telp/fax: 0341-713604/0341-713603

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Kota malang,

Jawa timur

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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