Unram Law Review
Universitas Mataram(Unram) Law Review(ULREV) is a peer-reviewed journal published by the Law Faculty of Mataram University, is Indonesian Journal of Law as a forum for communication in the study of theory and application in Law Contains articles texts in the field of Law. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or article reviews. The scope of the articles contained in this journal discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law. Articles are considered to be loaded are in the form of research or scientific simulations that have never been published or are waiting for publishing in other publications. ULREV is published three times a year in April, August, and December. This journal provides direct open access to its content based on the principle that making research freely available to the public supports greater global knowledge exchange. Scope: Contains articles texts discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law.
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<![CDATA[Effectivity of Restorative Justice Meets The Just Nature of Indonesia Society ]]>
<![CDATA[Ramdani Abd. Hafizh]]>;
<![CDATA[Ahmad Ramdani Chairi]]>;
<![CDATA[Dirasid Dirasid]]>;
<![CDATA[Raka Febrian Krisnaputra]]>;
<![CDATA[Irvan Ali]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.89
<![CDATA[Restorative justice is a form of cases settlement beyond the court which engaged perpetrator, victim and society as condition restore after the crime. This form started to be developed in Indonesia, especially in regions which implement “adat” law consistently and have close kinship system. Restorative justice is urgently needed today, in order to reduce the number of cases and prison over capacity. The significant number of criminal cases which had been judged in the court is the main factor of prison over capacity. The prison full of criminal which had variety of crimes. The negative impact is, prison is not a shoch-therapy for the criminals, instead of after they fulfill their sentence period and become alumni of prison, they tend to re-do their crimes even worse than the previous one. This condition was the causing factor of restorative justice in the criminal law system for example, children criminals, traffic violations which had narrow impacts and can be solved by “adat” institution, with the exception for major cases or extraordinary crimes for instance drugs, planned murder, terrorism and genocide.]]>
<![CDATA[Paradox of Legal Politic of Regional Authonomy After the Enacmnet of Law Number 23 Year 2014 ]]>
<![CDATA[Rizal Patoni]]>;
<![CDATA[Lalu Kholif Saputra]]>;
<![CDATA[Ilham Ilham]]>;
<![CDATA[Moh. Tohariadi]]>;
<![CDATA[Zuarno Zuarno]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.102
<![CDATA[This study aims to determine the problems of regional autonomy after the enactment of Law No. 23 of 2014 which describes the paradox of the application of regional autonomy in Indonesia. The method used in this research is a statutory approach. The results of this study indicate that the main characteristic of implementing the principle of regional autonomy is the authority of local governments to manage their household affairs without intervention from the central government. The authority is in the form of independence and freedom possessed by the regional government. However, after the enactment of Law No 23 of 2014 there has been shift in the legal politics of regional autonomy. Previously, the legal politics that inclined to decentralization shifted to centralization, namely by withdrawing a number of regional authorities to the central government. The implication of this shift is the loss of regional independence and freedom to manage their household affairs.]]>
<![CDATA[LIABILITY OF THE HOLDING COMPANY FOR UNLAWFUL ACTIONS IN GROUP COMPANIES (Case Study of Supreme Court Decision Number 89 PK/Pdt/2010 Concerning Violations of Distribution) ]]>
<![CDATA[Magfirah Bachmid]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.134
<![CDATA[Economic development in Indonesia has progressed significantly from year to year, so has the development of national companies either in the form of a single company, joint venture, or group company in the form of PT, CV and so on. The development referred by this research is the development of group companies consisting of holding companies and subsidiary companies where the leadership system of the group company is centralized so that it has the potential to arise an abuse of authority from the holding company, one of which is illegal acts arising from the legal relationship between the holding company and its subsidiary within the group company. This can be seen in the case decision of the Supreme Court of the Republic of Indonesia No.89 PK/Pdt/2010 between PT. Effem Food, Inc and PT. Effem Indonesia against PT. Smak Snak regarding violations of distribution activity. The purpose of this study was to determine the form of liability from the holding company to the subsidiary in the event of an illegal act in the group company based on the decision of the Supreme Court of the Republic of Indonesia No. 89 PK/Pdt/2010. Based on the Judge’s assessment and consideration of the evidence of losses suffered by the plaintiff, namely PT. Smak Snak, against the bad faith of the defendants, namely PT. Effem Food, Inc. and PT. Effem Indonesia, causing the panel of judges to place joint liability on PT. Effem Food, Inc. and PT. Effem Indonesia for their illegal actions as the holding company against PT. Smak Snak as a subsidiary. This decision is a manifestation of the application of piercing the corporate veil to the holding company and its subsidiary due to the ownership of PT. Effem Food, Inc. over 90% shares of PT. Effem Indonesia, regarding to this case, PT. Effem Food, Inc. acting as the holding company of PT. Effem Indonesia which exercises to control over the operational activities of its subsidiary. This research is a normative research with a conceptual and statutory approach.]]>
<![CDATA[Effectivity of Law Number 21 Of 2007 In Esnaring Pimps as Sex Commercial Services Procuress ]]>
<![CDATA[Winda Fathia Pilili]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.137
<![CDATA[In the modern era, prostitution metamorphose into the branch of industry which in line with the pornography or striptease. For Indonesian people, prostitution have been understood as work, in which exchange intercourse with money or prizes, the same with services purchase or trade. Yogyakarta which known as education city is not spared either with prostitution. Cited by Tribun Jogja, revealed that cases of human trafficking that covered by prostitution in Sleman, Yogyakarta. It was occurred in three different locations, are Pasar Kembang, Bong Suwun and Giwangan. This work aims were to know and to analyze how criminal law in Indonesia regulated pimp as procuress of sex commercial agent in Yogyakarta and its law enforcement mechanism. Laws related of pimp regulated in the Article 290 and 560 Indonesia Criminal Code. Meanwhile, in Yogyakarta there is a regulation which prohibit the public prohibition i.e. Local Regulation Number 18 of 1954. Law enforcement mechanism towards prostitution by implement the Law Number 21 of 2007 in punishing pimps in Yogyakarta, with strong commitment to eradicate this crime. This work is empirical legal research which applied juridical and empirical approaches in Yogyakarta by taking data in Local Police Office of Yogyakarta.]]>
<![CDATA[Marital Rape in a Comparative Perspective of Indonesian Criminal Law and Islamic Criminal Law ]]>
<![CDATA[Laely Wulandari]]>;
<![CDATA[Lalu Saipudin]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.139
<![CDATA[The aim of this research is to know how the regulation of marital rape in Indonesian Criminal Law and Islamic Law. Marital rape or also known as rape in marriage still belong to such a debatable and taboo topic, but in fact it has happened a lot in society. In Indonesian Criminal Law, marital rape is not regulated in the Criminal Code. The Law on the Elimination of Domestic Violence regulates this as a complaint offense by calling the crime of sexual violence. In Islamic Law, marital rape is regulated in a good way by terms of husband and wife intercourse, among others in Surah An-Nisa Verse 19 which prohibits having to do with coercion. Refers to these results of the comparison, similarities are found in both Indonesian Criminal Law and Islamic Criminal Law that said marital rape is prohibited. The differentials in the form of complaint offense between these laws. Islamic Criminal Law does not explain clearly about the complaints offense as known on Indonesian Criminal Law. Yet this law comprehensibly prohibiting the marital rape itself. For the further regulations of criminal law policies, it should take the principles of discrimination into account and the good boundaries regarding marital rapes, criminal liability, criminal threats and formal criminal arrangements either.]]>
<![CDATA[Credit relaxation Policy Affected by Covid-19 at Bank BRI Nogotirto Unit ]]>
<![CDATA[Muhammad Jauhar Shiddiq]]>;
<![CDATA[Danang Wahyu Muhammad]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.152
<![CDATA[This research purpose to determine the implementation of relaxation policies based on POJK No.II / POJK.03/2020 and to examine the apply the precautionary principle (prudential principal) after the issuance of POJK No.II/POJK.03/2020 on Bank BRI Nogotirto Unit. This is using empirical juridical method with qualitative analysis then inductive-verification testing is carried out on the latest facts contained in societyThe results of this show indicate that the implementation of the relaxation policy at the BRI Nogotirto Unit is in accordance with POJK No.II/POJK.03/ concerning 2020 National Economic Stimulus related to the requirements and procedures for applying for credit restructuring, namely the the debtor is experiencing payment difficulties (principal and/ or interest on credit), the debtor has good business prospects, shows good faith and is willing to fulfill credit obligations after restructuring. The implementation of the bank’s prudential principle (prudential principal) after the POJK was enforced at the Bank BRI Nogotirto uinit by mapping the affected customers according to the categories regulated by POJK, carrying out a restructuring scheme based on the decrease in turnover due to Covid-19, conducting debtor survival assessment, application of 5C principles are Character, Capacity, Capital, Collateral and Economic Condition of as well as based on the principles of objectivity, independence, avoiding confiicts of interest, and fairness in implementing credit restructuring at Bank BRI Nogotirto.]]>
<![CDATA[Analysis on Perpetrator of Klithih In Special Region of Yogyakarta ]]>
<![CDATA[Endro Rasetya Prasetyandoko]]>;
<![CDATA[Yeni Widowaty]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.154
<![CDATA[This crime often occurred and can directly be witnessed and committed publicly of Yogyakarta, this type of crime known as Klithih. Crimes committed by the offender emerge general reaction as this act may disturb public. It is not only harm a single victim but also multiple. This crime majorly offended by secondary senior high school teens. Aims of this research related to criminology study on Klithih offender in special region of Yogyakarta are to find out causing factors as well as to find out countermeasure efforts of the authorities on such a crime and enforcement concept on the crime in Yogyakarta. This research applied juridical-empirical legal research method namely applied procedure to overcome problems by researching secondary prior to analysing primary data that collecting from field research. The primary data collected from interviews with informants, meanwhile secondary data are collected from documentation, books, literatures and archives that related with research object. Data analysis is applying qualitative method that analysing normative (juridical) aspects under a descriptive-analysis manner. Research result indicates that (1) causing factors of Klithih crime in the special region of Yogyakarta are including revenge, circumstances, alcohol and the lack of education; (2) efforts taken by police to overcome Klithih crime in the special region of Yogyakarta namely penal and non-penal acts.]]>
<![CDATA[The Policy On Law Enforcement Of Illegal Sand Mining In Special Region Of Yogykarta ]]>
<![CDATA[Muhammad Purwoko]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.155
<![CDATA[This research aims to examine the inhibiting factor of electronic mortgage registration procedures. The type of this research is empirical normative legal research by using the statutory, conceptual and empirical approach. The result shows that the electronic registration of mortgage performed through several steps, namely: (1) login to the application of electronic land services; (2) choosing the mortgage service on the menu bar; (3) submit an application to make a mortgage file; (4) completing the entry; (5) uploading the necessary documents; (6) confirming file; (7) paying a deposit order for the security rights registration; (8) recording and issuance of mortgage certificate. While the inhibiting factors on the electronic registration of mortgages are: (a) there is some official land registrar (in short term known as PPAT) who do not understand the registration procedures of electronic mortgage rights services. (b) the PPAT has not validated and registered their data in the PPAT Partner application at mitra.atrbpn.go.id; (c) the creditors have not validated and registers in the financial services partners application at mitra.atrbpn.go.id (d) the certificate of land rights has not been validated which will be used as the object to grant a mortgage right. Before the deed of mortgage rights granted, at the time of the checking the PNBP can only be paid a day after the validation completed; (e) the server problem which often occurred when uploading the requirements and the deed documents; (f) the required documents for filing a mortgage rights application are not complete.]]>
<![CDATA[A Violation of Woman’s Rights under Tradition of Belis in East Nusa Tenggara, Indonesia ]]>
<![CDATA[Wawan Suriadi]]>;
<![CDATA[Shahrul Mizan bin Ismail]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.157
<![CDATA[Indonesia as a legal state has ratified several instruments of international law in order to protect women’s rights. But restraint and violations of women’s rights are still common. In East Nusa Tenggara, high dowry or Belis often trigger violence against women. This is triggered by the perception that the transfer of women’s rights when the dowry or Belis has been paid by the men to the women’s family who ultimately give the ability and arbitrariness of men to commit acts of violence. So, the purpose of this study is to review more comprehensively how the practice of giving Belis or dowry in terms of international law and analyze the extent to which international and national law provides protection for the rights of women who are victims of violence. This research is legal doctrinal research using qualitative method. This research was conducted in literature by studying legislation at the national and international level, books, articles, journals, scientific reports related to the issues studied. From this study, it was found that the practice of giving Belis in the form of dowry in marriage is a cultural practice that is also protected by domestic and international law as part of the way of life or cultural rights. Acts of violence in the form of restraint on women’s rights due to the repayment of Belis is a violation of women’s human rights. So that these two things must be seen from two different sides. The number of national and international legal instruments does not guarantee that it can overcome the problem of violence against women. The legal culture of society in the form of high legal awareness and the willingness and commitment of the state is one step forward in order to provide protection of women’s rights.]]>
<![CDATA[The Electronic Registration of Liability Rights ]]>
<![CDATA[Arief Rahman]]>;
<![CDATA[Wiwiek Wahyuningsih]]>;
<![CDATA[Sinta Andriyani]]>
<![CDATA[ Unram Law Review Vol 5 No 1 (2021): Unram Law Review (Ulrev) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v5i1.159
<![CDATA[This research aims to examine the inhibiting factor of electronic mortgage registration procedures. The type of this research is empirical normative legal research by using the statutory, conceptual and empirical approach. The result shows that the electronic registration of mortgage performed through several steps, namely: (1) login to the application of electronic land services; (2) choosing the mortgage service on the menu bar; (3) submit an application to make a mortgage file; (4) completing the entry; (5) uploading the necessary documents; (6) confirming file; (7) paying a deposit order for the security rights registration; (8) recording and issuance of mortgage certificate. While the inhibiting factors on the electronic registration of mortgages are: (a) there is some official land registrar (in short term known as PPAT) who do not understand the registration procedures of electronic mortgage rights services. (b) the PPAT has not validated and registered their data in the PPAT Partner application at mitra.atrbpn.go.id; (c) the creditors have not validated and registers in the financial services partners application at mitra.atrbpn.go.id (d) the certificate of land rights has not been validated which will be used as the object to grant a mortgage right. Before the deed of mortgage rights granted, at the time of the checking the PNBP can only be paid a day after the validation completed; (e) the server problem which often occurred when uploading the requirements and the deed documents; (f) the required documents for filing a mortgage rights application are not complete.]]>
