Articles
88 Documents
<![CDATA[The Right of Suspects to Obtain Legal Aid in Criminal Investigation ]]>
<![CDATA[Imanuel Marthen Dumais]]>;
<![CDATA[Muhadar Muhadar]]>;
<![CDATA[Marwati Riza]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i1.736
<![CDATA[In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect.]]>
<![CDATA[The Role of the Crown Witness in the Process of Proving Criminal Cases in Indonesia ]]>
<![CDATA[Ismail Ghonu]]>;
<![CDATA[Andi Muhammad Sofyan]]>;
<![CDATA[Nur Azisa]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i1.737
<![CDATA[The research issue focuses on the examination of crown witnesses in the process of establishing criminal cases in Indonesia. The examination of the crown witnesses is necessary because law enforcement officers find it difficult to find evidence, other than the testimony of witnesses of the perpetrators themselves in order to find material truth that can be justified. The result of the research shows that the role of the crown witness in the criminal prosecution process is very significant, that is to find the material truth, so that the fast and simple proof process fulfills the minimum standard of proof, upholds public justice against the perpetrators and determines the demands of each actor in accordance with its role. The need for legal protection against the crown witness and the need for a policy of reform of criminal procedure law through the refinement of the Criminal Procedure Code relating to the content of witness material of the crown firmly and limitatively in the future.]]>
<![CDATA[Protection of Papuan Native Children Conflicting with Law through a Restorative Justice Approach ]]>
<![CDATA[Mulyadi Alrianto Tadjuddin]]>;
<![CDATA[Yuldiana Zesa Azis]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i1.792
<![CDATA[rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling.]]>
<![CDATA[Legal Protection Against Health Workers in Taking First Aid Medical Measures ]]>
<![CDATA[Julianto Jover Jotam Kalalo]]>;
<![CDATA[Chyntia Novita Kalalo]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i1.1076
<![CDATA[Health workers are a noble job, this is because they are the foremost fighters in terms of health services. Health workers are part of a health service that needs legal protection in carrying out their duties and responsibilities as public health servants. In carrying out its duties, health workers are given the authority to carry out health service efforts in accordance with applicable regulations. This authority in the form of legal rules that can be used as a guideline or basis for health workers to carry out a medical action in a case of health they face. Health workers in taking first aid medical actions must obtain a protection in carrying out their performance as health workers in accordance with Tupoksi and oaths of appointment as health workers. In the oath of appointment as a health worker in taking the first action is regulated in the rules of the code of ethics and hospital regulations and others. Efforts that can be made by the government in this case the Health Office, Hospital and Regional Government are making a rule that can regulate the implementation of the first level medical action in dealing with patients inside the hospital or in an accident.]]>
<![CDATA[Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua ]]>
<![CDATA[Erni Dwita Silambi]]>;
<![CDATA[Marlyn Jane Alputila]]>;
<![CDATA[Syahruddin Syahruddin]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i1.1079
<![CDATA[The background of the keyword is the agenda of customary justice in the government which is clearly burdened by rules that are recognized and carried out well, making it possible to provide recognition of the prevailing customs in the community. The "confession" here is formal approval. The focus of the research is the implementation of customary justice in Papua in terms of Law Number 21 Year 2001 concerning Special Autonomy for Papua. The research objective is to design or formulate a model of customary justice in Papua. The target of the study is to get the right model of customary justice that is understood in their decisions in solving problems that occur in Papua. Merauke.Metote research in this research is qualitative research. The research conducted is learning, literature, taking data and interviews in depth. After that the data obtained are described and analyzed with quantitative methods to formulate economic empowerment models. The results of this study are the existing customary models, so that in the context of customary cases there are also cases where adat cases can be issued by the community.]]>
<![CDATA[Diversion in the Form of Protection of Human Rights ]]>
<![CDATA[Arhjayati Rahim]]>
<![CDATA[ Musamus Law Review Vol 1 No 2 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i2.1126
<![CDATA[Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children. Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state]]>
<![CDATA[Social Change of Traditional Communities in the Direction of Modernization in the Anthropological Approach to Law ]]>
<![CDATA[Emy Handayani]]>
<![CDATA[ Musamus Law Review Vol 1 No 2 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i2.1197
<![CDATA[The social change of the Dago Pojok Bandung Creative Village community is one way to preserve traditional villages as a creative village that adapts to the development of times in today's modern society. The empirical approach in the study of legal Anthropology which explains that traditional/modern society has a very large influence in the lives of social change in society to achieve progress. The Comparative Approach to Legal Anthropology explains that in traditional/modern societies a rule is needed that governs the lives of its people. The change of traditional society should be addressed to the good for the good of the next generation in social life through norms, behavior that avoids the deviations of traditional/modern social change.]]>
<![CDATA[Accessibility of Persons with Disabilities in Realizing Elections with Integrity ]]>
<![CDATA[Yusdar Yusdar]]>
<![CDATA[ Musamus Law Review Vol 1 No 2 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i2.1198
<![CDATA[The right to vote and be elected is a constitutional right of citizens who are recognized as part of the rights to the same position in law and government. Elections are a very important momentum, in fact, the Election still often raises problems for persons with disabilities. Persons with disabilities are a group of persons with disabilities who most need special facilities so that they can choose independently so they can fulfill the principle of elections, namely Direct, General, Free and Confidential and Honest and Fair. So that the political rights of persons with disabilities have not been maximally fulfilled through the provision of accessibility in elections for them. This research is normative legal research. By using several methods of approach, namely: Legislative approach (statute approach), conceptual approach (conceptual approach), case approach (case approach). The results of the study show that the provision of accessibility space, not only on the momentum of giving rights (giving ballots to be tested) to persons with disabilities on voting days and hours in elections but giving accessibility to persons with disabilities in elections was given since the stages of election implementation were echoed. Ideally, Disabled Persons must have access as election organizers as well as election participants. The accessibility of persons with disabilities should not only be given to access rights as voters on the day and time of voting.]]>
<![CDATA[Adjustment of the Foundation's Articles of Association Judging from the Law Enforcement Perspective ]]>
<![CDATA[Fitri Pratiwi Rasyid]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ Musamus Law Review Vol 1 No 2 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i2.1263
<![CDATA[According to Indonesia Foundation Law, No. 16/ 2001, as amended by Law No. 28/2001, article 1(1) stipulates that Foundation is a legal entity that has separated assets to achieve specific objectives in the social, religious, and humanitarian fields, which has no members. Importantly, this regulation has required a Foundation to have legal entities status. In fact, some Foundations in Indonesia have existed, and continuously functioning performs business activity without having legal entities status. This phenomenon should be banned as clearly regulated in the Law that foundations shall not be drawn on as platforms of business unless through other business entities.]]>
<![CDATA[Analysis of Sosio - Juridical Participation of Sota Village Government in Increasing Income of Marind Kanum Indigenous People in Sota Merauke Village ]]>
<![CDATA[Yuldiana Zesa Azis]]>;
<![CDATA[Nasri Wijaya]]>
<![CDATA[ Musamus Law Review Vol 1 No 2 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v1i2.1276
<![CDATA[The Merauke regency area has a village level government, one of which is Sota village which is one of the villages located on the border of the State of Indonesia and Papua New Gunea. One of the indigenous people who inhabit the Sota village area is the Marind Kanum Tribe. Administratively for community empowerment to increase income is one of the roles of the village government, especially for the indigenous people, the increase in income still needs to be increased Because the average income of the local community is still relatively low, therefore support from various parties including local government through the relevant agencies. The purpose of this study was to find out how the role and government of the Sota village in increasing the income of the indigenous people of Marind Kanum and to determine the extent to which the laws and regulations governed that. The results of this study indicate that the participation of the village government by assigning tasks to village officials is to provide training and aquipment assistance for business to local communities and transmigration which in this case is in accordance with Law number 6 of 2014 concerning Village Government. Keywords: Participant; Sota VillageGovernment; Incrasing Income; Marind Kanum.]]>
