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Published by Universitas Muhammadiyah Palu
ISSN : 25500260     EISSN : 25805835     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; constitutional and administrative law religious jurisprudence law Legal pluralism governance International Law; Constitutional Law; Administrative Law; Adat Law; 
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 5 No. 1 (2021): April 2021" : 8 Documents clear
MODEL PENGELOLAAN KEUANGAN DESA MELALUI PROSPEKTIF PENGAWASAN BERBASIS MASYARAKAT Susanti Hasan; Nur Mohammad Kasim; Lusiana Margareth Tijow
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/mlj.v5i1.1459

Abstract

The purpose of this study is to Analyze the Implementation of Village Financial Management according to Law Number 6 of 2014; Knowing the obstacles in realizing transparency in village financial management in Bone Bolango Regency; Creating an ideal Oversight Model in realizing transparency in Village Financial Management in Bone Bolango Regency. This research uses empirical legal research. Empirical legal research or in other terms commonly called sociological legal research or also called field research. The approach used in this study is the statute approach; Case Approach; and Conceptual Approach. The results of this study indicate: First, that the implementation of village financial management as mandated by the Law on Villages and Permendagri 20 of 2018 concerning village financial management. In the planning stage, some of the villages studied were in accordance with the procedures in accordance with the regulations, but the target time was not in accordance with the regulations. In the implementation phase of the village under study, the procedure was partly in accordance with the regulations even though the demands on the village government to realize transparency were not optimal. In the administration stage and the reporting stage in the villages studied it can be said to be in accordance with the rules even though the substance of the administration is not yet perfect then some villages can be said to be on time and in accordance with the regulations. Second, the obstacles in realizing transparency in the management of village finances at the location of the village under study can be concluded is the limited understanding of the Village apparatus on Regulation, the availability of human resources (HR), Community Participation and as well as supervision factors. Third, that in order to create an ideal Oversight Model for village financial management, researchers recommend a Community Based Monitoring Model which further strengthens the involvement of rural communities in the implementation of village development, not only from the planning and implementation aspects, but also is an involvement in supervision .Keywords: Transparency; Village Finance; Community-based supervision.
PELAKSANAAN SUPREMASI HUKUM DALAM RANGKA MENJUNJUNG TINGGI PENEGAKAN HUKUM YANG BERKEADILAN DAN BERTANGGUNG JAWAB PADA LEMBAGA PERADILAN Amiruddin Amiruddin
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The 1945 Constitution of the Republic of Indonesia confirms that Indonesia is a state law. One of the important principles as a rule of law is further elaborated in the provisions of Law No.4 of 2004 concerning judicial power, namely the guarantee of the implementation of independent judicial power, free from the influence of other powers to administer to uphold law and justice. Law enforcement and justice are the main functions of the administration of justice to realize the implementation of the main tasks of judicial power in the context of implementing statutory regulations as mandated by the law concerning judicial power. For the administration of judicial power to run properly and optimally, the administration of judicial power that is independent, free from the influence of other powers is an absolute requirement in the context of law enforcement and justice today. Because only with the implementation of independent judicial power, free from the influence of other powers, the new law and justice can be enforced. It would be better if in the implementation of judicial power where law enforcement does not have independence, freedom, and conditions with intervention, then law and justice can't be enforced and realized, following the expectations of society. For this reason, the active role of all parties is needed to support the administration of independent judicial power, free from the influence of other powers for the sake of upholding law and justice. Because in essence, with the existence of independence and freedom in the world of law enforcement, it can open wide space and provide strengthening positions for judges in making decisions so that the image and authority of the court can be upheld. The implication is that the court can enforce the law on every case that is examined/tried, or in other words, the court can carry out its obligations by giving justice seekers the rights of the case submitted. In the implementation of the professionalism of judges in upholding the law in court, judges are obliged to provide equal rights and treatment to justice seekers as part of fulfilling the basic principles of independent judicial power. In addition to the guarantee of an honest trial process (open to the public) and rejecting/determining legal issues submitted in the form of freedom that is owned by judges to determine how the law is related to a problem.Keywords: Legal Supremation. Responsible Law                           
IMPLIKASI PENGGUNAAN MERK KOPI TIAM BERDASARKAN HUKUM MEREK DI INDONESIA Elza Syarief; Rina Shahriyani Shahrullah; Febri Jaya; Edward Banner Purba
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The brand of the Kopitiam has been used for a long time. However, this circumstance has changed after an ownership claim of the Kopitiam brand on February 8, 2012. It was claimed that the trademark holder declared himself as the exclusive right holder for the “Kopitiam” brand based on the registration number: 371718, dated November 13, 1996 for services of food and beverage, cafeteria, coffee shop and similar items. Therefore, this paper aims to conduct a deeper discussion of the implications of the claim according to the Indonesian law. As the result of the discussion, based on the various facts it was found that there was a potential violation of the registration of the Kopitiam trademark, however as the consequence of this registration there must be a legal action taken to the court in the form of a lawsuit from the aggrieved party who was suffered loss  due to the said registration.  Keywords : Kopi Tiam, Brand, Trademark Dispute 
PRINSIP KEWAJIBAN MINIMUM CORE DAN IMPLEMENTASINYA DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA Abdurrahim Abdurrahim
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The Obligation Core Principles of Minimum Obligation are the answer to the challenges faced by the government / local government regarding the fulfillment of economic, social and cultural rights. The Principle of Minimum Obligation Core functions as a guarantor for the basic needs of the people and as a first step for local governments in carrying out the progressive obligations that have been required by the Covenant, Ecosoc The lack of budgets for fulfillment of the ESC rights in the regions has made the author propose that the Minimum Principles of Core Obligations be used as law in the management of regional finances in Indonesia. In the research, the writer uses normative legal science research with a conceptual approach and legislation, and stratifies the areas that are the target of the author; that is; Bangka Belitung Islands Province, South Kalimantan Province, Denpasar City, Malang City and Palu City. In this study, the authors focus on the right to, especially the rights to education, health, housing and food.Keywords; ESC Rights, Minimum Core Obligation, Regional Budget, Indonesia.
BUDAYA HUKUM NOTARIS DALAM MENJALANKAN JABATAN Basyarudin Basyarudin
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Notary has role to help society in creating legal certainity and protection. However, nowadays, some Notaries tend to forget their role and responsibility as a Notary and more oriented to money rather than their duty. Thus, this research aims to know how legal culture of a Notary in doing his duty. The research methodology is qualitative using juridical normative approach in which the data gathered by analyzing theories, concepts, fundamentals and constitution related to the problem. The result showed that there are two categories; internal and external. Internal legal culture refers to the Notary’s job in making the deed and service to society, while external legal culture is the society’s responses toward the service given by Notary. Legal culture of Notary becomes the standard in doing the job or known as pattern for behavior. Therefore, it can be concluded that there are some factors that affect the legal culture of Notary, such as the culture in becoming the one and only winner, the culture in bidding the honorarium, and the culture in taking advantage of weakness of Notary.  Key Words: Notary, Legal Culture, Deed
UPAYA HUKUM DALAM PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALA DESA Sultoni Fikri
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The election of the village head is a form of exercising people's sovereignty and implementing village autonomy. Village head election arrangements are regulated in Undang-Undang Nomor 6 Tahun 2014 Tentang Desa, Peraturan Pemerintah Nomor 43 Tahun 2014 tentang Peraturan Pelaksana UU Desa, dan Permendagri Nomor 65 Tahun 2017 Perubahan Permendagri Nomor 112 tahun 2014 tentang Pemilihan Desa. The implementation of the Pilkades cannot be separated from the development of political dynamics that occurred in the village, which led to conflicts leading to a dispute over the results of the Pilkades. This legal research uses a statutory approach and a conceptual approach. Based on Pasal 37 UU Desa dan Pasal 40 ayat 7 PP Desa, the Regent/Mayor has the authority to settle disputes over the results of the Pilkades. Legal remedies that can be taken for a candidate for village head whose rights have been impaired is to challenge the decision to determine the results of the Pilkades issued by the Regent/Mayor. This decision regarding the determination of the elected village head candidate is the object of filing a lawsuit against the local government. Keyword: Election, Village Head, Dispute
PENEGAKAN HUKUM LINGKUNGANDI INDONESIA: KAJIAN PERSPEKTIF HUKUM PIDANA Abdurrakhman Alhakim; Wilda Lim
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The aspect of environmental punishment is a key that must be considered in the enforcement of environmental laws in Indonesia. Based on the definition, environmental crime is polluting and damaging the environment, as regulated in the Law on Environmental Protection and Management (UUPPLH). In this life, there are many violations that occur in the environmental sector that will have an impact on the life to come. To minimize the violations that occur, the government has enacted Law no. 32 of 2009 concerning Protection and Management of the Environment. By enacting this law, it is hoped that it can run in accordance with the problems that occur today. For research in this writing, using normative research methods, which are based on written regulations, literature study that examines aspects of theory, and legal explanations. In Indonesia, the main factor that causes the stipulated regulations to not work well is the lack of awareness of related parties about the importance of preserving nature and the environment. And the results of this study indicate that environmental law enforcement in Indonesia is based on a criminal law perspectivestudy. Keywords: Environmental Criminal Aspects, UUPPLH, and Application of Environmental Criminal Law 
PERLINDUNGAN HUKUM BAGI KONSUMEN MUSLIM TERHADAP PRODUK KOSMETIK YANG MEMILIKI KANDUNGAN NON-HALAL DI INDONESIA Rahmi Ayunda; Viola Zahra Ananda Kusuma
Maleo Law Journal Vol. 5 No. 1 (2021): April 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Assurance of halal products becomes very important when reviewed on an advancement of technology and science that the management of the product uses raw materials that can occur a mixture of composition between halal and not halal either intentionally or unintentionally, because this happens to every community in daily needs. Therefore, the guarantee of halal in every product must exist with halal certification and label, in order to protect consumers from non-halal cosmetic products. Research and writing this article, the author uses legal research with a normative approach by using secondary data is a data obtained from the literature. Majelis Ulama Indonesia or abbreviated MUI is a non-governmental organization in accommodating Islamic scholars, scholars in Indonesia who have the aim to direct and guide and foster all Muslims in Indonesia Keywords: Legal protection, cosmetic product, non-halal

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