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Unram Law Review
Published by Universitas Mataram
ISSN : 25489267     EISSN : 25492365     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 12 Documents
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Search results for , issue "Vol 7 No 1 (2023): Unram Law Review(ULREV)" : 12 Documents clear
The The Role of Baduy Women in Strengthening Baduy Local Food as an Innovation for Food Security in the Banten Region: The Role of Baduy Women in Strengthening Baduy Local Food as an Innovation for Food Security in the Banten Region Muhamad Muslih; Ahmad Rayhan
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.247

Abstract

The problem raised in this paper is the role of the Baduy indigenous women in Strengthening Baduy Local Food as an innovation for National Food Security. The purpose of this paper is to strive for the local ecological wisdom of the Baduy indigenous people can be combined with modern science and technology in order to be able to utilize in a sustainable Food Security development program based on National Food Security Innovation. The specific target to be achieved from this research is to examine the field of feminism and gender from the perspective of Baduy women in terms of their relationship to the development of Baduy Local Food Security Innovations. The methodology used is Juridical Normative and Sociological Normative. This research is a descriptive-analytical type of research using Primary and Secondary Data Sources which are analyzed using qualitative methods, applying Library Research and Field Studies data collection techniques toward Inner Baduy and Outer Baduy. Interviews and observations were conducted to obtain the necessary data. The data obtained through field research and literature study were analyzed to obtain clarity on the problems discussed. A brief summary of the results of this paper is that Baduy men and women carry out ngahuma activities and household activities together because the Baduy indigenous people have known and applied the theory of feminism and gender equality. Even in farming, there are ceremonies in which implementation can only be done by Baduy women, such as mipit, ngaseuk, ngalaksa, and nganyaran. In practice, it cannot be done by men because it is directly related to Nyi Pohaci as a symbol of the high degree and honor of women in Baduy. Nyi Pohaci is associated with the symbol of making a living from growing rice in the huma and in the fields. Until now, the Baduy people have always maintained the Baduy pikukuh to store dry unhulled rice produced from ngahuma in Leuit as typical Baduy rice barns. The facts prove that the condition of rice is still good and still very suitable for consumption even though the unhulled rice has been stored in the leuit for more than 50 years. Baduy people are very concerned about life in the future so that their food security can be maintained. If this is analyzed and researched in depth, it can produce a good system to be applied in maintaining Baduy Local Food Security as a reflection of National Food Security.
Fulfilling Education Rights for Girls in Child Marriage to Achieve SDGs Gender Equality Meliesa Permatahati; Sonny Dewi Judiasih; Nyulistiowati Suryanti
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.252

Abstract

The age minimum for marriage in Indonesia is 19 years old for both men and women, but those who are underage can still marry legally by applying for marriage dispensation through a religious court or district court depending on the child’s religion. Child marriage can lead to school dropout since formal school doesn’t accept students who are married so these children will be returned to their parent, most child marriage cases involves girls more than boys which can lead to gender inequality. This research is conducted by a normative juridical method which utilized secondary data resources such as primary, secondary, and tertiary legal materials. Applicable law regarding the right to education for children is studied by referencing marriage law and national educational system law. The method used in this research is descriptive-analytical data including factual behavior in society and verbal respondent’s statement. There are few regulations regarding the right to education for children but in practice, these regulations are difficult to be applied since the school has its authority. In cases like this, there are alternative ways to fulfill the right to education for girls in child marriage as participating in open schools and learning centers held by the community. Gender equality and education are deeply connected and can not be achieved without one another.
english: english khadijah; Bahjatul Murtasidin; Sarpin
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.253

Abstract

The current condition of Indonesia is being hit by problems of radicalism and terrorism, the problem of terrorism is a universal problem with doctrines under the guise of religion such as al-Qaeda and ISIS. The image of a peaceful Islam has been tarnished by the many acts of intolerance and radicalism carried out by members of other groups in the name of Islam. There are many factors that cause moral damage that arises due to radicalism and terrorism, but there are many ways to prevent it, one of which is the approach of local cultural wisdom because this is a source of strength and moral control that can be implanted to improve attitudes. The purpose of this study is to explore in detail the wisdom of local culture, especially religious leaders and youth, in order to create a moderate, peaceful, and calm society. The method in this research is by reviewing the literature and answering research questions using dictionaries, books, magazines, interpretation bibles, the internet, and other sources. The results obtained in this study are effective strategies to prevent and overcome radicalism and terrorism by developing a community culture based on equality, solidarity, and cooperation. Meanwhile, local wisdom has several informative and educative functions. Contributions to the formation of a harmonious civilization structure, social networks, mutual trust, and interaction norms are important roles in local wisdom and legal culture to overcome radicalization.
Peran dan Tanggung Jawab Notaris Dalam Pembuatan Akta Perkawinan Campuran Tifonia Tionusa; Arsin Lukman
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.256

Abstract

Globalization have push marriage to be perform not only between Indonesian citizens but also may be done with foreigners. As it is known, through marriage could pooling the assets between the spouses which leads to the matter of ownership in the property whereas Indonesians cannot own land and buildings in Indonesia. Therefore, notary has a role in making authentic deed under the form of mixed marriage or also known as mixed marriage agreement. The purpose of this study is to examine and analyze the roles and responsibilities of a notary in making mixed marriage deeds. This study uses a normative legal research method with a statutory approach, presenting cases in the form of decisions, and analysis. The results shows that there are problems related to the making of a mixed marriage deed made by a notary. These problems are in the form of a notary who does not provide legal counseling on the deed that the clients want to make (Indonesian citizens and citizens of a foreign country), does not translate or explain the deed if it appeared not understandable, and does not write it down at the end of the deed that a translation or explanation has been carried out because the present does not understand the language used written in the deed. In addition, with these problems, the strength of proof and the legal consequences of the act made by the notary are affected. Therefore, notaries in carrying out their positions must be guided by Notary Department Law.    
Tanggungjawab dan Akibat Hukum bagi Notaris yang Membuat Perjanjian Pinjam Nama (Nominee) santi; Arsin Lukman
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.257

Abstract

Ownership of land rights in Indonesia could solely owned by Indonesian citizens or legal entities which determined by the Indonesian Government. Based on the practice, there are lots of legal smuggling in the making of a nominee agreement by a Notary. The nominee agreement is a name-borrowing agreement, which commonly consist of the foreign citizens measures in borrowing the names of Indonesian citizens to conduct sale and purchase transactions for proprietary land. Through the nominee agreement, it is stipulated that the status of the land in the land book and certificate of property rights is registered in the name of an Indonesian citizen, yet the ownership or control remains with a foreign citizen. This study aims to examine the validity of the nominee agreement as a form of foreign ownership at once to find out the form of responsibilities and legal consequences for the concerned Notary whose composed the nominee agreement. This research refers to the Decision Number 45/Pdt.G/2020/PNTpg. It uses normative legal research methods, and the type of approach to case legislation is in the form of decisions. Based on the results of this study, it is shows that there are lots of legal smuggling in the making of a nominee agreement by a Notary. The nominee agreement has indirectly violated the provisions of Article 26 Paragraph (2) of Law Number 5 of 1960, since there has been a transfer of ownership in the form of property rights to foreign citizens, and as confirmed on Article 21 Paragraph (1) of Law Number 5 of 1960, only Indonesian citizens have the right to own property rights. As known, foreign citizen may only have usufructuary rights and rental rights. Therefore, the nominee agreement has no legal force at all.
Responsibility Of The Tual City Government In An Effort To Protect The Copyrights Of Batik Kei Motives Agustina Balik; Yosia Hetharie; Novyta Uktolseja
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.260

Abstract

This study aims to identify and analyze the responsibilities of the Tual City government in providing legal protection in the field of intellectual property rights, especially copyright for Batik Kei motifs. This research is socio-legal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Tual City, namely the Kei Batik Craftsman with the name Camelia Batik Kei. The types of data in this study are primary data and secondary data obtained through library research and interviews. Based on the results of the research, the Tual City government has an important role in providing copyright legal protection for Camelia Batik Kei's business. But in reality, although the Tual City government often displays Kei Batik motifs which incidentally elevate Kei customs and culture, from the aspect of copyright protection, the government has not given it at all. The entrepreneurs of Camelia Batik Kei are also not very aware of the importance of registering and protecting copyright laws for Kei Batik’s motives. Therefore, there is a need for socialization and cooperation with the local government of Tual City to provide copyright legal protection for Kei batik motifs.
Kekuatan Pembuktian Akta Risalah e-RUPS dalam Sistem eASY.KSEI ditinjau dari POJK Nomor 16/POJK.04/2020 Angelia Mariani Santoso; Tjhong Sendrawan
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.261

Abstract

Electronic shareholders’ meetings in Indonesia were allowed by article 77 paragraph (2) Law 40/2007 and for public company was regulated by OJK Regulation No. 16/POJK.04/2020. E-Shareholders’ meetings could be held using eASY.KSEI. The minutes must be made by Notary in the form of Relaas deed. The Notary must see, hear, and witness the shareholders’ meetings live. Regardless, the regular shareholders’ meeting still has to be held, unless there are special condition, which was attended by Notary while majority of the shareholders attended the meeting virtually. If there is no regular shareholders’ meeting, Notary will attend virtually. Law 2/2014 explained that “in front of the Notary” means physically, not virtually. Law 40/2007 stated that the minutes must be signed by all shareholders. Meanwhile, the sign was not required in OJK 16/2020. This conflict between two regulations might cause confusion in Notary’s occupation to make the minutes. The issues to be discussed are regarding how Notary carries the occupation to make the e-Shareholders’ meeting’s minutes that was held using eASY.KSEI and regarding the position and strength of evidence of the minutes. The research method used is doctrinal legal research with analytical explanatory as the research typology. Secondary data was used by literature study that analyzed with qualitative method. Based on the research, it was found that in emergency situation, Notary used OJK 16/2020 to make e-shareholders’ meeting’s minutes and the minutes qualifies as an authentic deed. Even though there are no articles that allowed “in front of” Notary virtually in Law 02/2014 and the minutes must be signed by all shareholders according to Law 40/2007, but using “lex spesialis derogat legi generali” principle, Notary should follow OJK regulations. However, since the “specialis” principle is OJK regulation, it is recommended that regulations be made as an act to have a stronger legal basis.
Surat Berharga sebagai Bentuk Penyetoran Modal dalam Pendirian Perseroan Terbatas Sonya Whisler Refisyanti; Mohamad Fajri Mekka Putra
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.262

Abstract

There are various types of business entities in Indonesia, namely divided into non-legal entities and legal entities. One of which frequently chosen by the business actor is a limited liability company (PT) due to its limited liability which only need to provide a capital that has separate assets between private ownership and the company. To establish a Limited Liability Company, the Company will need a Capital Deposit to run the business. Usually, the capital is paid in cash. The research aims to determine whether the capital deposit required to establish a limited liability company can be paid using a method other than Cash. The research is using a normative legal research by using statute and library approach. The research findings reveal that according to Article 34 paragraph (1), the capital deposit can be made in Cash and/or other forms. It means if the Capital Deposit, which is paid in other forms, can be valued in money, and accepted, as well as approved, by the Company’s founders. Payment of shares in securities must be announced, at least, in 1 (one) newspaper or more within 14 (fourteen) days after the deed of establishment is signed or after the General Meeting of Shareholders decides on the payment of shares.
The Comparative Study About Intellectual Property Rights And The Transfer Of Land Rights For The Development Of Indonesia Land Law Yazid Fatoni; Adi Sulistiyono; Lego Karjoko
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.263

Abstract

The transfer of land rights is a classic problem whose implementation is often uncertain. In the framework of alternative material for developing national land law, this article will try to compare the transfer of land rights with the transfer of Intellectual Property Rights. The method in this article is a normative legal research method with a comparative law approach as the primary approach. In the transfer of land rights, at least several types of law are used as a component in assessing their validity. When compared to the transfer of Intellectual Property Rights, an Intellectual Property Right must be registered for protection, as well as when the Intellectual Property Right is transferred. Regulations in Intellectual Property Rights are more specific because they are under specific statutory law and through a registration mechanism. The transfer of land rights seen from the perspective of Law Number 5 of 1960 concerning Basic Agrarian Regulations or what is often referred to as UUPA (Basic Agrarian Law) and Government Regulation Number 24 of 1997 concerning Land Registration does require land registration, but that does not mean that land that is not registered does not get protection, this also implements in the transfer of land rights. Even though the transfer of land rights does not use the mechanisms and conditions specified in Government Regulation Number 24 of 1997, the transfer of land rights under the main provisions in customary law is still recognized. It is usually implemented when the dispute goes to court.
Dampak Resesi Ekonomi Global Terhadap Perdagangan Aset Kripto Dan Keamanan Transaksinya Di Indonesia Bthari Octaviani Putri; Zulkarnain Sitompul
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.270

Abstract

When the Coronavirus Disease 2019 (COVID-19) pandemic has an impact on reducing world economic growth, this condition gives benefits to the digital investment sector, one of which is the increase in crypto asset trading. The crypto asset trading sector is a digital commodity that is in great demand and is growing rapidly in society. This is because crypto asset trading does not require each investor to meet each other face to face and only requires an internet network in transactions. Throughout 2021, crypto asset trading and the number of investors who transacted almost all over the world continued to experience a significant increase, including in Indonesia. However, at the beginning of 2022, there was a conflict between Russia-Ukraine which affected the increase in commodity prices around the world. This condition then triggered inflation in several major countries, which in turn resulted in the threat of a global economic recession. This phenomenon then leads to a weakening global economy which can hinder the growth of crypto asset trading in the future. Not only that, crypto asset trading itself is also still haunted by concerns about the weak security system in investing in crypto assets which is vulnerable to the rise of various fraud cases. Therefore, regulation and facilities that are following the current needs of crypto asset trading are urgently needed to stimulate the growth of crypto assets. Actions taken by the government through the establishment of crypto asset trading regulations and supporting platforms are very important to provide business certainty and security in investing in crypto assets in Indonesia.

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