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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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KETERLIBATAN ANAK DALAM TINDAK PIDANA DITINJAU DARI PERSPEKTIF HUKUM PIDANA ANAK DI INDONESIA Wahyulina, Diah; Chrisdanty, Febry
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.v14i2.88

Abstract

Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal act, must be given the rights and protection of children as vulnerable legal subjects as regulated in the applicable laws and regulations. Through a normative legal approach, this research analyzes legal regulations that regulate the rights and protection of children involved in criminal contexts. The aims of this research are firstly to find out the meaning of children in Indonesian laws and regulations, secondly to find the concept of children's criminal law legislation in Indonesia which regulates children's involvement in criminal acts according to a normative approach, and thirdly to find out the procedures for handling cases of involvement. children in juvenile crimes from the perspective of juvenile criminal law in Indonesia through the principles of child human rights and the principles of the best interests of the child. The results of this research are that the handling of cases of child involvement in juvenile crimes from the perspective of juvenile criminal law in Indonesia is by placing more emphasis on the principles of children's human rights and the best principles for the interests of children because although there has been progress, challenges remain, and improvements Continuous harmonization of policies, consistent implementation, and strengthening the rehabilitation system can optimize the protection and development of children involved in the context of juvenile criminal justice. Keywords: Child Involvement, Child Crime, Child Criminal Law
TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN Yutanti, Trinda; Dewi Hariyana, Trinas; Wahid Hasyim, Moch.
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.93

Abstract

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.
PENGATURAN PENGAKUAN KEBERAGAMAN SUMBER HUKUM DALAM MASYARAKAT MULTIKULTUR MELALUI FILSAFAT HUKUM PLURALISME Puri Rahayu, Danik; Estu Bagijo, Himawan
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.97

Abstract

A multicultural society with a variety of legal sources used requires a legal philosophy of pluralism. However, in Indonesia the use of pluralist legal philosophy still leaves problems related to its application and implications. This article discusses the issue of the application and implications of pluralist legal philosophy in Indonesia. This type of normative juridical research, with a qualitative approach and analytical descriptive analysis. Research results: (1) the application of the legal concept of pluralism in Indonesia requires an approach that is inclusive, participatory, and based on recognition of various existing legal sources. This step is important in achieving legal justice and balance between various interests in a multicultural society. (2) Overall, the application of the legal philosophy of pluralism has significant implications for legal certainty, inclusiveness and conflict resolution in a heterogeneous society. By recognizing and respecting the plurality of legal norms, society can build a more inclusive, fair and sustainable legal system that strengthens social peace and justice. Key words: diversity of legal sources, multicultural society, legal philosophy of pluralism
PRAKTIK WANPRESTASI PADA PERJANJIAN JUAL BELI MOTOR BEKAS DI DUSUN MENGANTO KABUPATEN JOMBANG Fuddin, Afii; Asi Islami, Trinah
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.98

Abstract

The problem of this research is the phenomenon of nonpayment, where the seller acts unilaterally because the seller does not fulfill his obligations in full. The purpose of this study is to identify negligent practices in the sale and purchase of used motorcycles in Menganto Hamlet, Menganto Village, Mojowarno District, Jombang Regency according to the Sharia Economic Law Association. This research uses the theory of buying and selling contracts based on an act by which one or more people bind themselves to one or more other people and do not conflict with existing regulations. The type of research used in this research is juridical-empirical. The task is to study the law and its application in society and look for facts contained in society, legal entities or government agencies. The results and conclusions of the research show that the seller in this study acted negligently by not doing what was promised, doing what was required but not as promised, and doing what should not be done in the contract. Keywords: Default of sale and purchase agreement, KHES, Civil Code
POTENSI DISFUNGSI KETENTUAN PIDANA TENTANG PENGHINAAN TERHADAP ORANG MATI MENGGUNAKAN TEKNOLOGI INFORMASI Widodo, Widodo; Utami, Wiwik
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.99

Abstract

The honor of deceased people is protected by the Indonesian Criminal Code so that if there is defamation against him, the perpetrator will be punished. However, if defamation is carried out using Information Technology, it is not necessarily punishable, because there are differences in the media used. The researchers concluded that article 27 (3) the Information and Electronic Transaction Act can be used to prosecute perpetrators, but it turns out there are multiple interpretations in the legal regulations and the contents of the Joint Decree (SKB) of the Chief of Indonesian Police, the Attorney General and the Minister of Communication and Information which have the potential to make this article dysfunctional. It is necessary to examine the existence of Article 27 (3) as a basis for investigating and prosecuting perpetrators of criminal acts of defamation of deceased people using Information Teccnology, and the normative weaknesses of the SKB editorial in number 3 letters a and g. The doctrinal research method with a statutory approach is used to examine these 2 problems. Legal materials in the form of Article 27 (3) and its explanation, SKB, and other legal materials were analysed using content analysis techniques. There is no conflict between the contents and the explanation of Article 27 (3), so that it can be used as a basis for investigating and prosecuting perpetrators of defamation of deceased people. The contents of the SKB have multiple interpretations, there is a conflict between the contents of the SKB and the Explanation of Article 27 (3) because in number 1 the SKB only refers to the provisions of Article 310 of the Indoensian Criminal Code, not to defamation as regulated by the Criminal Code. The existence of this SKB has the potential to cause dysfunction of Article 27 (3) which is now Article 27A of the Information and Electronic Transaction Act as the basis for processing criminal law against perpetrators of defamation of deceased people using Information Teccnology. There needs to be a change in the contents of the SKB or a material review of the SKB is needed at the Supreme Court so that it is easy to apply Article 27A. Keywords: dysfunction, crime, defamation, information technology, deceased people
PENANGGULANGAN KEJAHATAN PENCURIAN AKIBAT KECANDUAN JUDI SLOT ONLINE: TINJAUAN YURIDIS KRIMINOLOGIS Soraya, Joice; Ansy Althafzufar, Muhammad
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The increasing prevalence of online slot gambling has led to a rise in theft committed by gambling addicts in order to obtain money for gambling This study aims to examine this phenomenon from a legal and criminological perspective and formulate measures to address it. The method used is normative legal research through literature study with a legislative and conceptual approach. The research results indicate that the main contributing factor is online slot gambling addiction, which leads individuals to justify any means, including theft, in order to obtain money From a legal perspective, theft with such motives can be prosecuted under Article 362 of the Criminal Code, which carries a maximum prison sentence of 5 years However, legal prosecution alone is not sufficient to address the root of the problem. Therefore, recommended measures for handling this issue include: 1) The government needs to strictly regulate and limit online gambling; 2) Collaboration among various parties is necessary to educate the public about the dangers of online gambling; 3) Rehabilitating gambling addicts so they can break free from their addiction; 4) Empowering them economically to prevent them from resorting to theft With these comprehensive steps, it is hoped that theft crimes resulting from online slot gambling addiction can be effectively addressed. Keywords: Criminology, Online Slot Gambling, Theft.
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

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