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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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UPAYA SATLANTAS POLRESTA PALANGKA RAYA DALAM MENCEGAH PEMALSUAN USIA OLEH PEMOHON PENERBITAN SIM C Putra Mahardika Bagus M; Kiki Kristanto; Kristian Kristian; Putri Fransiska Purnama P
Jurnal Magister Hukum Perspektif Vol. 12 No. 1 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i1.53

Abstract

To be able to have a driver's license for drivers of various types of vehicles must meet the conditions that have been set. Similarly, with driver's license C, one of the conditions that must be met is a minimum age of 17 years. It becomes a problem when the driver's license issuance applicant is a minor. Until now, there are still parents or applicants themselves who do the act of ageing to be able to issue a driver's license. In fact, Law No. 22 of 2009 concerning LLAJ and Perkapolri No. 9 of 2012 concerning driver's license has set the age limit allowed to apply for the issuance of driver's license C is 17 (seventeen) years. The formulation of the problem taken is what efforts are made by the Palangka Raya City Resort Police Traffic Unit to prevent age falsification by applicants for the issuance of a Two-Wheeled Motor Vehicle Driving License (driver's license C). This type of research uses juridical-empirical methods by looking at the application of rules in the field. The results found that the efforts made were to conduct law enforcement in the form of preventive approaches such as attaching additional conditions for applicants to issue new driver's license C indicated to be minors, the use of technological advances through the detection of NIK from driver's license C applicant ID cards online, as well as socialization through the installation of banners or banners in the Regident Satlantas Unit of Palangka Raya Police and through social media to prevent age falsification by reducing the age of the driver's license applicant. Keywords: Prevention Efforts, Age Falsification, driver's license C, Satlantas, Palangka Raya Police
UPAYA PENCEGAHAN FRAUD PADA BANK BERPLAT MERAH YANG MERUGIKAN KEUANGAN NEGARA Rio Vernika Putra
Jurnal Magister Hukum Perspektif Vol. 12 No. 1 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i1.54

Abstract

Fraud can occur anywhere and anytime including in red-plated banks (State-Owned Banks). As a place of money turnover, banking cannot be separated from criminal acts both general, civil, and corruption crimes because the Bank has a position that is vulnerable to abuse of authority either by employees on the front line such as tellers, costumer services, loan services or by branch heads even on the Board of Directors. The formulation of the issue raised is how the form of fraud prevention efforts, especially in State-Owned Banks related to the rescue of assets and wealth, is indicated to be detrimental to the country's finances. The type of research used is juridical-normative which is one of the legal research methods obtained by analyzing a legal problem through laws and regulations and related literature. The results found prevention efforts consist of technical and moral aspects and integrity. Technical aspects can be through (1) Double-check customer data, (2) Rewarding Loophole Inventors, (3) Creating good internal controls, (4) Transparency to Customers, (5) Increasing Personnel Supervision, (6) Implementing e-KYC, (7) Whistleblowers. Moral and integrity aspects must be owned by every party involved in activities in the bank. In addition, Law Enforcement Officials (APH) must also comply with the implementation of the commercial bank anti-fraud strategy that has been regulated in the POJK for the Rescue of State Finances and State Assets and National Economic Recovery. Keywords: Prevention, fraud, bank.
KEBIJAKAN PEMBERLAKUAN PEMBATASAN SOSIAL BERSKALA BESAR (PSBB) DI MALANG RAYA DALAM PERSPEKTIF POLITIK DAN HUKUM Dhian Kartikasari
Jurnal Magister Hukum Perspektif Vol. 12 No. 1 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i1.55

Abstract

WHO designates the COVID-19 incident as a Public Health Emergency of International Concern (KKMMD/PHEIC). The Indonesian government has also declared it a national disaster. One of the Indonesian Government's strategies in suppressing the spread of Covid-19 is to establish a Large-Scale Social Restriction (PSBB) policy. PSBB Malang Raya was held from May 17 to May 31, 2020. Malang Raya area includes Malang Regency, Malang City, and Batu City. The purpose of writing this paper is to review and discuss large-scale social restrictions (PSBB) in Malang Raya from the legal aspect. The research method used is a normative research method. The implementation of PSBB in Malang City refers to Malang Mayor Regulation No. 17 of 2020 concerning Guidelines for Large-Scale Social Restrictions in the Context of Accelerating The Handling of Corona Virus Disease 2019. During the enactment of PSBB, everyone is required to carry out health protocols. PSBB regulations outlined in various laws and regulations must be obeyed and carried out in a disciplined manner by every resident. On the other hand, the government must also provide minimal basic needs during the PSBB, especially for economically affected residents. Public awareness and compliance with the laws and regulations and the government's appeal to the Large-Scale Social Restriction (PSBB) policy is important not to be violated. After the PSBB period was run for 14 days, the PSBB in Malang Raya was not extended but continued with the preparation of the transition to a new normal life in the midst of the COVID-19 pandemic. However, it is necessary to periodically evaluate epidemiological indicators on the development of COVID-19 cases in Malang Raya. Keywords: PSBB, COVID-19, Malang City
ANOTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 20/PUU-XIV/2016 Aditya Wiguna Sanjaya
Jurnal Magister Hukum Perspektif Vol. 12 No. 1 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i1.56

Abstract

The status of the state of law attached to the state of Indonesia carries juridical implications that absolutely must be upheld. Every government and state life must rely on the rule of law. Law enforcement becomes a vehicle for the state to ensure the establishment of the law without neglecting human rights protections that serve as a counterweight to state power from the possibility of arbitrariness. Every citizen has the right to privacy (privacy rights) that must be protected by the state. The restoration of the right to privacy should be given strict arrangements in the law including the implications of violations of privacy rights related to whether or not it can be used as evidence in legal proceedings. Such a regulation is absolutely necessary, considering that the law will always be left behind with the development of society, especially the rigid state law demanding the role of judicial institutions in this context is the Constitutional Court to be present to provide solutions for the justice-seeking community through its authority and role as a constitutional guard (the guardian of the constitution), in order to ensure the protection of the constitutional rights of citizens. The formulation of the issue raised is (1) Is the decision of the Constitutional Court Number 20 / PUU-XIV / 2016 appropriate , (2) What is the decision of the Constitutional Court No. 20/PUU-XIV/2016 when viewed from the perspective of Religiousity of Science? This type of research uses juridical-normative methods with a conceptual approach. Results obtained (1) Putusan MK No. 20/PUU-XIV/2016 when viewed from the perspective of State Theory of Law, Theory of Legal Certainty, Theory of Proof, and Hemeneutics of law is very appropriate, (2) The conclusion of MK Number 20 /PUU-XIV/2016 in the perspective of religiousity of science has reflected the elaboration of religious values derived from the revelation of Allah SWT. Keywords: MK’s verdict, evidence, religiousity of science.
KAJIAN FILSAFAT HUKUM TERHADAP PELAKSANAAN PIDANA MATI MENURUT HAK AZASI MANUSIA Jefri Efendi
Jurnal Magister Hukum Perspektif Vol. 12 No. 1 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i1.57

Abstract

The provisions of article 10 of the Criminal Code (CRIMINAL CODE) state that in addition to 4 (four) main criminal types, namely: death penalty, imprisonment, imprisonment and fines, there are 3 (three) additional criminal types, namely the revocation of certain rights, confiscation of certain goods, and the announcement of the judge's decision. The death penalty is the most severe type of criminal in the composition of sanctions and is one of the main forms of criminal. The existence of the death penalty is basically a type of criminal that robs a legal interest (rechtsbelang), which is in the form of human life. The existence of the death penalty among jurists there is a difference of opinion. The formulation of the issue raised is how the execution procedure for death row inmates is viewed from the human rights side. The type of research used is normative juridical with a statutory approach. The results found that the death penalty has existed since antiquity through the regulation of positive laws, customary laws, and religion. The death penalty is a guarantee of recognition and respect for the right of freedom of others in fulfilling justice in accordance with moral considerations, religious values, security and public order. The death penalty in Indonesia is only applied to very serious crimes in accordance with applicable law. The Constitution in addition to protecting human rights also allows such human rights to be restricted. Keywords: Philosophy of law, death penalty, human rights.
IMPLEMENTASI MODERASI BERAGAMA PADA MASYARAKAT DESA BALONGGARUT KECAMATAN KREMBUNG KABUPATEN SIDOARJO Dewi Himmatul Agustin; I Wayan Arsana
Jurnal Magister Hukum Perspektif Vol. 14 No. 1 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/jurnal magister.v14i1.78

Abstract

This research is based on social life regarding the implementation of religion in the community of Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. Diversity is an ancestral heritage. The aims of this study is to: 1) To examine the implementation of religious moderation in the community of Balonggarut Village, Krembung District, Sidoarjo Regency. 2) To determine the role of religious leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. 3) To determine the role of community leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. This research uses empirical juridical methods that are qualitative descriptive with interview, observation, and documentation data collection techniques. This study showed the result that community understood religious moderation so that they respect. In religious moderation, the role of religious leaders is always to get closer to communicate and preach to guide goodness to the people. the role of community leaders always gives understanding to the younger generation to always respect and appreciate the differences that exist. Keywords: Religious Moderation, Tolerance, Religiuos Leaders, Community Leaders.
KEWENANGAN PENGELOLAAN HARTA KEKAYAAN ORANG DIBAWAH PENGAMPUAN OLEH BALAI HARTA PENINGGALAN SURABAYA Wisuda, Selvia
Jurnal Magister Hukum Perspektif Vol. 14 No. 2 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v14i2.83

Abstract

Balai Harta Warisan existed since the Dutch era to Indonesia around 1596. In order to find out the position of Balai Harta Warisan which has the task of managing the assets of people under supervision when it is related to positive law in Indonesia. With empirical juridical research, there will be primary and secondary data that will be processed. The results showed that the position of Balai Harta Peningalan is still recognized as a state institution and is still valid. The function of Balai Harta Pengrelican is to resolve issues of guardianship, custody, absence and inheritance that have no authority, etc. in accordance with article 3 of the Decree of the Minister of Justice and has the task of representing and taking care of the interests of people who cannot carry out their own interests. As a supervisor to protect the interests of Curandus and protect him from the actions of the custodians who may cause losses to his property while still within the time of custody. Carry out bookkeeping and registration of wills in accordance with the law and carry out the settlement of bankruptcy problems in accordance with the law. At present Balai Harta Warisan in Indonesia has a working area covering Balai Harta Warisan Jakarta, Surabaya, Semarang, Medan and Makassar Keywords: Relic Hall, Forgiveness, Wealth Property
PENERAPAN PEMBELIAN TANAH DALAM RANGKA PENGADAAN TANAH UNTUK BANDARA Nurdaiman, Taqiy; Al-Ansori, Huzaimah; Wachid Hasyim, Moch
Jurnal Magister Hukum Perspektif Vol. 14 No. 2 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v14i2.85

Abstract

The application of land purchase/procurement in the context of land acquisition for the public interest of the airport whose land object is still in the effort to transfer rights to the PPJB stage needs to be studied. The formulation of the problem in this study, how is the process of purchasing land in the context of land acquisition for the public interest of the airport based on PP No. 19 of 2021, and what is the ownership status and legal protection for landowners who have been purchased by speculators up to the PPJB stage before the letter of determination of the location of land acquisition is issued by the government. The purpose of this study is to further examine the application of PP No. 19 of 2021 as a legal basis in land acquisition for development for the public interest of airports, and the suitability of its application with existing norms and positive laws in guaranteeing the rights of entitled landowners. The method used in this research is normative juridical with a statutory approach. The result of this research is that PP No.19 of 2021 has improved the previous law, it's just that there is no limit to the rules regarding eligibility standards regarding agencies to be able to apply for land acquisition, and the laying of location determinations which results in restrictions on the transfer of rights that are less effective, as well as the unclear application of article 139 so that the author concludes that this PP is still immature. Meanwhile, regarding the protection and ownership status of HAT on the right owner, adhering to the legal force of the PPJB which has the status of an underhand deed, the land rights remain with the seller, while the legal protection of the legal actions carried out, namely by making a new agreement as mandated in article 1233 of the Civil Code. Keywords: Land Procurement, Land Purchase, Speculators.
KAJIAN HUKUM TERHADAP PENYELESAIAN SENGKETA MEREK PADA POLO BY RALP LAUREN (Studi putusan No 83/Pdt.Sus-HKI/Merek2022/PN Niaga Jkt.Pst) Aula Rifaldi, Risqi; Asi Islami, Trinah; Pratanto Rahayu , Wedi
Jurnal Magister Hukum Perspektif Vol. 14 No. 2 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v14i2.86

Abstract

Settlement of disputes over the Polo by Ralph Laurem brand according to the commercial court decision no 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst. In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren brand under list number 173934. Based on the decision it was proven that the defendant knew that the plaintiff was the owner of the trademark rights but the defendant ignored this fact and filed an application for brands in bad faith, namely by imitating the Plaintiff's Polo by Ralph Lauren brand. That based on the facts in the decision the defendant did not know. This type of research is normative juridical using secondary data as the main research data. The data were obtained from the Law on Trademarks and the decision of the Central Jakarta Commercial Court regarding the brand restriction and supplemented with secondary data in the form of books and articles with similar discussions. The data were collected using library techniques by reviewing the findings, analyzing and interpreting them based on the prepared theory. Data processing is done in a deductive way through propositions and theories that are general in nature led to specific facts so that they become a description that can be more easily understood. Court decision No 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.. Established that the Central Jakarta Commercial Court In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren trademark under register number 173934. Keywords : tradermark, Court decision, Polo by Ralp Lauren
TRADISI “MEDHOT BENANG LAWE” DALAM UPACARA PERKAWINAN NGLANGKAHI DI DESA PATIHAN KECAMATAN WIDANG KABUPATEN Mahluk Attus Sholihak, Siti; Wayan Arsana, I
Jurnal Magister Hukum Perspektif Vol. 14 No. 2 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v14i2.87

Abstract

This study examines the tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony in Patihan Village, Widang District, Tuban Regency. The purpose of this research is to: 1) Knowing the meaning contained in the tradition of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang District, Tuban Regency. 2) Understand the meaning contained in the means of Medhot Benang Lawe tradition in Nglangkahi marriage ceremony in Patihan village, Widang sub-district, Tuban regency. 3) Provide information about the values contained in the implementation of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang Subdistrict, Tuban Regency. This research uses juridical-empirical method by using sociological approach. The results of this study found that the Patihan Village Community still holds the Tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony when going ahead of an older sibling in a marriage. This tradition goes through a series of important processions. The tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony contains religious values, education and other important values in the lives of the people of Patihan Village, Widang District, Tuban Regency. Keywords: Tradition of "Medhot Benang Lawe", Nglangkahi Marriage.

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