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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.
Arjuna Subject : -
Articles 131 Documents
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Recognation Of Indigeneous Legal Community For Indigeneous Forest Dilla Pratiwi Puji Rahayu; Erika Puspitasari; Azwar Annas; Agus Pujianto
Unram Law Review Vol 3 No 2 (2019): 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.v3i2.80

Abstract

This study aims to determined and described the legal history of forest management in Indonesia. For this study, regulation of the forest will be analyzed in each period of Indonesia legal history, namely the early days of independence, the old order regim, the new order regim, and the reformation era. Method use in this study is normative study, by using statute approach and historical approach. Result of this study can be describe that the legal history of forest arrangement in Indonesia was dynamics, comprises: the control of state toward the land including the customary land/customary forest based on the the right of state to control as stipulated in the 1945 Constitution, and the recognition of the indigineous legal community toward their customary forest.
Institutions In Legal Systems As Embodiments Of Legal Purposes Derita Prapti Rahayu; Faisal Faisal; Tony Tony
Unram Law Review Vol 3 No 2 (2019): 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.v3i2.83

Abstract

The statement that human life in society is governed by law. The law referred to here is the law known in the Regulations of State product legislation, established by the authorities, socialized through books, books and writings, not understood as the law that lives in society as a social construction even those that are thus only classified as social norms. The presence of law in the community agrees to integrate and coordinate interests that can conflict with each other that are integrated in order to be able to strengthen as little as possible. Organizing those interests is carried out with those interests and interests. The law that discusses this is a community-made law that contains the daily knowledge of each individual member of the community as a starting point for the birth of a social order.
Legal Certainty of Limited Partnership (CV) Registered In The District Court After The Enactment Of Minister Of Law And Human Rights Regulations Number 17 Of 2018 Diman Ade Maulada; Arief Rahman
Unram Law Review Vol 3 No 2 (2019): 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.v3i2.85

Abstract

The purpose of this research discusses the legal certainty of cv registered in the district court after the enactment of Minister of Law And Human Rights Regulations Number 17 Of 2018, the research method used is a normative research method. Normative legal research methods or library research methods are methods or methods used in legal research conducted by examining existing library materials. CVs registered at a district court prior to the enactment of the Minister of Law and Human Rights Regulation No. 17 of 2018 are legally valid because their establishment is based on provisions stipulated in the Commercial Code, thus providing legal certainty for the owner, with the obligation to record CV registration in the business organization application system (SABU).
Pertanggungjawaban Pidana Dalam Tindak Pidana Lingkungan Hidup Yang Dilakukan Oleh Korporasi Pasca Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Fitriani Rahmadia; Hari Sutra Disemadi; Nyoman Serikat Putra Jaya
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.86

Abstract

Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.
Criminal Law Politics: Corruption Eradication Strategy Through an Integrative Approach Karlina Lina Apriani; Ahmad Raji Hidayat; Rato Eko Hendriyadi; Wahyu Hamdani; Surawijaya Surawijaya
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.94

Abstract

The purpose of this research is to examine the politics of criminal law deeply in eradicating criminal law of corruption through an integrative approach. The method usingis normative legal research. Normative legal research methods or library research methods in legal research by reviewing existing legal materials. The integrative approach in overcoming corruption crime can be made integrally through two approaches, namely first, awareness between criminal politics and social politics directed to achieve particular objectives of the socio-political policies that have been set in order to achieve social welfare. Second, integration of efforts to tackle crime with penal and non-penal approach due to the reality of national law and the political facts of international law for enforcement on a national, regional, and global scale.
Baiq Nuril’s Amnesty Impacts on Legal Certainty in Indonesia aditya risky haryo; Asyri Febriana; Muhammad Rif'an; Tria Vista Maghfira
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.103

Abstract

Purpose of this work is to provide another view to the reader on baiq nuril’s amnesty impact on legal certainty. Type of this research is normative legal research. After analyzing legal materials, it can be concluded that, first of all, baiq nuril’s amnesty could be categorized as amnesty which base on individual principle, which it has a precedent as regulated in Presidential Decree Number 449 of 1961, secondly, several positive impacts of President Joko Widodo’s amnesty to baiq nuril is providing legal protection to women and motivating government to clarify regulation on amnesty as soon as possible.
The Prevention on Child Sexual Tourism in Lombok (The Province of West Nusa Tenggara), by Virtue of the Act Number 35 Year 2014 Concerning the Child Protection Any Suryani Hamzah; Mohammad Irfan
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.105

Abstract

There are two types of child criminals in the tourism sector, there are preferential crime and situational sexual child crime. The preferential is a crime on children sexual oriented, the perpetrator put the children as a target to satisfy their sexual demand, and they have always been looking for children in order to fulfill their sexual desire. In this sense, they take an advantage from tourism facilities to find the children particularly the child on a tourism destination. The criminal threat to the child sexual crime is regulated under criminal codes, and The act number 35 year 2014 Concerning The Child Protection. Lombok island as a tourism object face this threat. Therefore the aim of this research is to determine the prevention act conducted by the stae and communinities on the tourism section by virtue of the Act Number 35 Year 2014. The research method in this paper using empiric juridical study by conducting primary data which collected directly from the resources who are the respondent and interviewees. Further, it is completed by secondary data which collected through the library conduct. The conclussion of this study; the are numerous prevention acts conducted by the state and communities to fight against child sexual exploitation, namely; forming the group to fight against human trafficking in every village of Lombok Island, and implementating a task force in the province of West Nusa Tenggara.
Legal Protection Concerning Domestic Flights Passengers of Air Transport Services Sudiarto Sudiarto; Budi Sutrisno
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.106

Abstract

The aims of this paper is to discuss and analyze the legal protection concerning air transport consumers on domestic flights. The method using normative method with statute approach and conceptual approach. The results of this paper is to discuss the particular regulations on special facilities for disabilities, elderly, children under the age of 12 years and the patient are not found under the domestic flights regulation in Indonesia. The procedure in obtaining compensation to passengers who passed away because of the aircraft accident is extremely complicated. In addition, the compensation to passengers caused by the flight delays have not been optimally implemented.
Analysis of Lawsuit Against the Factual Action which Conducted by Military after Law Number 30 Year 2014 Concerning Government Administration Wahyu Purnomo; Rr. Herini Siti Aisyah; Thoriq Mulahela; Xavier Nugraha
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.107

Abstract

The enactment of law Number 30 of 2014 on Government Administration has caused a paradigm shift under development of state administration decision (in short term known as KTUN). By virtue of article 87 of Law number 30 year 2014, KTUN was not only on the written form, but it can also be a factual act. This causes a change in the absolute competence of lawsuit on factual actions taken by the government from the district administrative court (PTUN). It is arises a question whether Article 87 of Law number 30 year 2014 also applies to claims for factual actions committed by the military. The formulation of problems in this research are 1) The position of a lawsuit against factual actions committed by the military before Law number 30 year 2014 and 2) the claim position against factual actions committed by the military after Law Number 30 Year 2014. This research is a doctrinal research by using a statute approach and conceptual approach. The result of the analysis found that the KTUN paradigm have change under Law number 30 year 2014, which does not affect the absolute competence of lawsuits for factual actions carried out by military, though a government were excluded as mentioned on Article 2 of Law Number 9 of 2004 on Amendments of Law Number 5 of 1986 concerning State Administrative Court. It was confirmed under Article 87 of Law 30/2014, which grammatically states that the only changes to the KTUN are those in Law 51/2009, Law 10/2004, and Law 5/1986. The application of lex specialist pictured under the act number 30 year 2014 which regulated the administrative decision by the government, however concerning the military only regulated under the act number 31 year 1997. Further, the absolute competence on handling the legal factual action by the military since the implementation of law number 30 year 2014 is still held in the district court.
Diversion in the Child Criminal Justice System as an Effort to Implement Restorative Justice Dewi Setyowati
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.108

Abstract

The juvenile criminal justice system according to Article 1 of Law Number 11 Year 2012 concerning the Criminal Justice System for Children (hereinafter referred to as SPPA Law) is the whole process of resolving cases of children in conflict with the Law from the investigation stage to the guidance stage after undergoing a crime. The application of SPPA involves many parties consisting of the police, prosecutors, legal advisors, courts, and correctional institutions, and child development. One of the law enforcers (structures) in SPPA that has a significant role is the prosecutor's office. The Prosecutor's Office as the prosecuting body that has been given the authority to solve the problems of children in conflict with the Law (hereinafter referred to as ABH) by using diversion to realize Restorative Justice, as stipulated in the provisions of Article 7 Paragraph 1 of the SPPA Law. What if, in this stage, the diversion was not sought for ABH? What is the form of violations experienced by ABH in the criminal justice system, especially at the prosecution stage? The method used is legal/normative research based on laws and regulations relating to one another. The Indonesian Attorney's Office in the constitutional system, as a body related to judicial authority, with a very dominant function as the dominus litis principle, controls the case process that determines whether a person can be declared a defendant and is submitted to the Court based on legal evidence according to the Law, and as ambtenaar executive implementing the decision and court decisions in criminal cases. The SPPA Law material test is a struggle in the context of maintaining the constitutional rights of law enforcers in their duty and is not intended to reject diversion in handling ABH. This provision is related to the protection of the law enforcement profession guaranteed by the constitution. Even though the Supreme Court has declared article 96 of the SPPA Law being applied unconstitutional or revoked, it does not mean allowing law enforcers the police, judges, and prosecutors not to carry out diversion obligations.

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