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.
Articles
131 Documents
<![CDATA[The Brain Drain And Human Rights ]]>
<![CDATA[Aisyah Wardatul Jannah]]>
<![CDATA[ Unram Law Review Vol 2 No 1 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i1.40
<![CDATA[The terms of brain drain refers to the movement of the skilled people from less developed country to the developed country caused by several factors such as politic unstability, poverty and development problem in the source country in order to seek out for the new opportunity and better quality of life in the receiving country. Since the movement of the brain have increased year by year, it is arises more development problem to the source country in lack of health care acces, poverty continuously and even died. The study resource of this essay conduct from the library, journal and internet resources, to examine the definition and describe the impact which caused by the brain drain. As the consequences, it is resulted that the brain drain has a negative impact to the resource country but in the other hand it has positive impact as well, further it is qualified that the brain drain have a strong relation with the human rights and have arises question does this brain drain can be blamed for the development problem in source country.]]>
<![CDATA[The Authority On Endorsement Of Marriage Agreement Between Indonesian And Foreign Citizen Which Made Abroad ]]>
<![CDATA[Fitri Khairunnisa]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.41
<![CDATA[Every citizen is entitled to marry with anyone either with fellow Indonesian Citizens or with Foreign Citizens (WNA), as long as the marriage is held in accordance with the provisions of applicable law in Indonesia. The method of this research using a normative legal method which are conducted the file through library conduct and regulation, by find the meaning and requirement to do the prenuptial agreement. a prenuptial agreement is an agreement between two person to arrange their personal property made before, during or after marriage, and authorized by the marriage registry officer. The marriage agreement, which was then made abroad, then created a problematic one for who was authorized to legalize the marriage agreement to then have legal force in Indonesia.]]>
<![CDATA[Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process ]]>
<![CDATA[Himawan Sutanto]]>;
<![CDATA[Hanif Nur Widhiyanti]]>;
<![CDATA[Istislam Istislam]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.45
<![CDATA[This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.]]>
<![CDATA[Legal Protection For The Winner Of Execution Auction Over The Auction Object That Sued Before District Court ]]>
<![CDATA[Dwi Ayu Rachmawati]]>;
<![CDATA[Nurini Aprilianda]]>;
<![CDATA[Siti Noer Endah]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.46
<![CDATA[In the process of auction execution often arise a lawsuit over the auction implementation, this is because the auction of execution is done not on the willingness of the owner of the goods themselves but because the law gives authority to the creditors to conduct public auction on the guarantee of debtors that default. So in the process of conveyance of auction object from the seller to the auction buyer often cause a problem, such as can not be mastered by auction winner the auction object. The purpose of this research is to know how to find out how the legal protection for the winner of the auction of execution of mortgage rights in mastering the auction object on the auction object which filed the lawsuit to the state court. This research is done by normative method. Based on the research that has been done, the winner of the auction can not be directly mastering the auction object because there is a civil suit over the auction object are expanding following. This is as article 3 paragraph (1), (2), and subsection (3) of the regulation of the Minister of Agrarian Affairs and Spatial/head of the national land Agency number 13 Year 2017 on The Block and confiscation who explains that if there is a dispute or conflict over land rights law the land that became the object of the auction then blocking would have done. And the protection of the law against the winner of the auction provided by regulation of the Minister of finance Number 27/PMK. 06/2016 Hints would about implementation of auctions, HIR. In addition, in article 19 paragraph (1) of law No. 8 Year 1999 on the protection of Consumers and in the jurisprudence of the Supreme Court's verdict against RI No. 1068 K/Pdt/2008 Dated January 21, 2009 in National Conference MA Year 2011.]]>
<![CDATA[Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law ]]>
<![CDATA[Gibtha Wilda Permatasari]]>;
<![CDATA[Yuliati Yuliati]]>;
<![CDATA[Herman Suryokumoro]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.47
<![CDATA[This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.]]>
<![CDATA[The Inconsistence Of Laws In The Registration Of Land Rights Transfer In Order Of Tax Amnesty ]]>
<![CDATA[Angelica Saulina Hutapea]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.48
<![CDATA[The writing of this journal discusses legal issues related to legislation inconsistencies concerning registration of land rights transfer which related to tax amnesty. In accordance with Article 37 of Government Regulation No. 24 of 1997 that only recognizes land rights transfer trough trade, exchange, grant, inbreng, and other legal act of rights transfer, but with the existence of Perkaban No. 15/2017, it states that the registration of land rights transfer can be based on the nominee agreement. The objective of this journal is to analyze the implications of legislation inconsistencies concerning registration of land rights transfer which related to tax amnesty and the validity of nominee agreement based on Indonesian law. The research method used is normative juridical with legislation approach and conceptual approach. The discussion result of this journal is the authorization of nominee agreement usage in terms of registration of land rights transfer, but only in the case of tax amnesty, refers to the interpretation of Article 1337 of Civil Code which states that if the things that are prohibited set forth in the law then the thing in question is allowed.]]>
<![CDATA[The Authority Of Regional Government Of Formation Regional Regulation (Perda) Shari'a ]]>
<![CDATA[Muhammad Galang Asmara]]>;
<![CDATA[Gatot Dwi Hendro Wibowo]]>;
<![CDATA[RR Cahyowati]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.49
<![CDATA[The study, the Authority of regional government Formation of Regional Regulation (Perda) shari'a aims to assess four legal issues, namely: (1) Establish a Regional Authority Perda Syariah; (2) The criteria of Shariah legislation; (3) The procedure of Legislative Shari'ah; (4) Testing Regulation to shariah. This research is normative by using several approaches, namely: (a) Conceptual Approach (Conceptuan aproach); (B) Approaches Legislation (Statute aproach); and (c) Approach the case (Case aproach). The results of this study are expected bermenfaat either for the development of Science and to assist practitioners in the formation of legislation. The research results are as follows: (1) The Regional Authority to establish Sharia legislation can be found in several laws and regulations, both in the Constitution and in the implementation of such rules in the Act; (2) Criteria Sharia legislation is contained in the contents that are based on the values and teachings of Islam; (3) Procedures establishment of sharia in praktinya regulations following the establishment of regulations in general; (4) review of sharia regional regulation also follow the testing procedures and legislation in general. Forward suggest that the process of formation of Perda Syariah scholars to enroll in the area at least in the process of forming draft local regulations. Similarly, in the process of judicial review and evaluation should be based on the sources of Islamic law and involves an element of religious leaders and religious judges.]]>
<![CDATA[Islamic Financing Instrument Under Indonesia Positive Law ]]>
<![CDATA[Supardan Mansyur]]>;
<![CDATA[Usman Usman]]>;
<![CDATA[Lalu Sabardi]]>
<![CDATA[ Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v2i2.51
<![CDATA[Islam governs all aspects of human life. It is not regulate the human relation to Allah only but also between human each other, among other economy like financing comply with shari’ah. The issues are: (1) how is the regulation of financing comply with shari’ah regulated ini positive law in Indonesia; and (2) handicap faced in its application in Indonesia. The purposes of this research are to know: (1) its regulation on positive law, and (2) its handicap in its application Indonesia. Its results are: (1) Islamic financing in Indonesia is regulated in various rules and regulation and their implementation strengthening its existing in positive law in Indonesia as Act No.7/1992 on Banking (amended by Act No. 10/1998), Act No. 23/ 1998 on Indonesia Bank (amended by Act No. 3/2004), and Act No. 21/ 2008 on Islamic banking, particular to Shari’ah Capital Market its regulation is regulated by OJK Decision and DSN-MUI Fatwas; (2) murabahah based financing) dominating all financing of Indonesian banking industry is considered as the cause of Islamic Banking avoided to use Mudharabah and Musharakah is their higher risk. Related to these difficulties is recommended to be: (1) expected to Government and DPR to enact the statute on Islamic on Islamic Capital Market putting the Islamic Capital Market equal to the Conventional Capital Markets (2) The role of Government and the other institutions to cope handicap faced as highlight the capacity enhancement of Islamic financing institutions, regulations, and development of infrastructures supporting the Islamic financing application, are absolutely needed.]]>
<![CDATA[The Juridical Implication on Signature of a Notary or Official Land Deed on the Statement Certificate of Transfer of Rights of a Land and/ or Building or the Amendment of Bonding Agreement of Sale and Purchase of Land and/ or Building ]]>
<![CDATA[Sumawati Sumawati]]>;
<![CDATA[Tunggal Anshari Setia Negara]]>;
<![CDATA[R Imam Rahmat Safi’i]]>
<![CDATA[ Unram Law Review Vol 3 No 1 (2019): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v3i1.52
<![CDATA[This research journal discusses legal issues relating to the legal implications of Notary Public or Land Deed Officials (PPAT) in the declaration of transfer of land and / or building rights or the amendment of sale and purchase agreement on land and building to be reviewed from Appendix II of the Regulation of the General Director of Tax No. PER-18 / PJ / 2017. Based on Article 3 of the Regulation of General Director of Tax Number PER-18 / PJ / 2017 concerning Procedures of Research of Proof of Fulfillment of Tax Obligation of Income Tax on Transfer of Right to Land and / or Building and Sale and Purchase Agreement on land and / or building and its amendment, where the taxpayer or his / her proxy is required to submit a research request proof of the fulfillment of the obligation to deposit the income tax one of them by attaching the Statement of transfer of rights to the land and or building that has been filled completely and stamped, and a copy of proof of sale and / or receipt of cash in cash which has been signed by the party that transferred the right to the land. Therefore, the Notary or Officer of the Deed of Land (PPAT) as the official authorized to make the deed related to the transfer of land and / or building rights are required to participate in knowing and signing the Statement of Transfer of Land and / or Land Rights. Pursuant to this matter, this research aims to know and analyze authority and responsibility of Notary / PPAT in signing letter of transfer of right of land and / or building, and juridical implication of Notary / PPAT signature in the statement letter. The research method used by the writer is the statutory approach. Notary / PPAT does not need to be involved in the Letter of Declaration of the transfer of land and building rights, and the Notary Law does not mention any applicable sanctions.]]>
<![CDATA[Granting of Legal Experts as a Invention of Law Model Through Legal Research on The Criminal Justice System ]]>
<![CDATA[Erdianto Effendi]]>
<![CDATA[ Unram Law Review Vol 3 No 1 (2019): Unram Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v3i1.53
<![CDATA[com Invention of law activity by judge is not optimum because the judge must be rolled from a region to other region. While the judge is hoped to find the living law. This article concluded that invention law by judge should be aided by granting of legal expert in Th Criminal Justice System. Legal researcher should hoped to invent the living law in comunity. unity.]]>
