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Musamus Law Review
Published by Universitas Musamus
ISSN : 26219581     EISSN : 2621959X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Musamus Law Review (MuLaRev) is a peer-reviewed journal published by Faculty of Law, Musamus University, Merauke, Papua, Indonesia. MuLaRev published twice a year (October and April).
Arjuna Subject : -
Articles 88 Documents
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Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs. Myanmar. Swargodeep Sarkar
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3090

Abstract

United Nations Secretary-General Antonio Guterres acknowledged Rohingya, “one of, if not the, most discriminated people in the world”. In Myanmar, a country with a Buddhist majority, around a million Rohingya who is the minority having their language and culture, have been persecuted for decades. In the year 2014 census, Myanmar excluded Rohingya by denying basic citizenship. Thousands of Rohingya have fled to neighbouring States after facing persecution orchestrated by Myanmar security forces with the help of local Buddhist mobs. In this background, the Gambia with the help of Organisation of Islamic Cooperation filed the case in the International Court of Justice, alleging that the actions perpetrated by Myanmar violated the provisions of Genocide Convention 1948 to which both States are the parties. Myanmar rightly questioned the standing of Gambia as the interest of Gambia was not threatened or at stake. So, in the absence of a cause of action or rights of the Gambia not affected even remotely, the International Court of Justice should not entertain the case. One of the major issues before the Court whether the Gambia has stood without being affected directly from the violations alleged to have been committed on the Rohingya. The present author will discuss the provisional measures rendered by the ICJ on 23rd January 2020 and the challenges such as jurisdiction, admissibility, urgency or irreparable prejudice condition, faced by the Court with a special focus on the “Plausibility requirement” in provisional measures.
Legal Study of Electricity Extension By PT. State Electricity Company In Merauke District Erni Dwita Silambi; Nurwita Ismail
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3382

Abstract

PT. PLN as one of the business actors and also as a State-owned business entity should be able and as much as possible to provide electricity evenly and quality to its consumers. But in reality the community is still faced with various problems in the field of electricity. The method used in this study is the library method and field method. library method by reading books, journals and other literature while the field data is obtained by going down to the field to retrieve data then the data analyzed using qualitative methods will then be presented descriptively. The results of this study are PT PLN Merauke trying to provide electricity supply according to the needs of the community however, PLN is also forced to take turns by blackouts at certain times because they have to carry out maintenance and rejuvenation of the machines that have also replaced old electricity poles, but if there is a rotating power outage, PLN always announces the outage through social media. and also through RRI. People as electricity users have not been active and tend to accept and be quiet if they feel disadvantaged by a power outage.
Implementation of State Administrative Court Decisions: Conception, and Barriers Imron Rizki A; Rizki Mustika Suhartono; Safrin Salam
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3449

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia Meydora Cahya Nugrahenti; Hindina Maulida
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3454

Abstract

The Covid-19 pandemic has changed the implementation of face-to-face learning in schools (offline) to online. These changes make children unable to learn optimally due to various obstacles. This condition also affects the development and psychology of children. Data shows that the number of violence against children since the Covid-19 pandemic has tended to increase. On the other hand, children have the right to get protection and to grow properly in the context of education. The purpose of this study was to determine legal protection for children by analyzing legal provisions in Indonesia in protecting children's rights in online learning systems. The research method used is juridical normative with data sources obtained from primary, secondary, and tertiary sources. The data that has been collected is then presented in a structured and logical manner and analyzed descriptively. The results of the study found that legal protection instruments for children's rights in online learning systems already exist but their implementation has not been optimal. Socialization to prioritize children's growth and development rights in providing children's education rights during the Covid-19 pandemic must be more actively voiced to all Education Offices, heads of education units, educators, students, and parents of students.
Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution Rudini Hasyim Rado
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3495

Abstract

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.
Immigration Law Regulations Against Traditional Border Crossers in the Border Area of Merauke Regency Samingun Samingun; Julianto Jover Jotam Kalalo
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3514

Abstract

The state of Indonesia is a state of law, everything is regulated by law. The Indonesian territory from Sabang to Merauke has borders with other foreign countries. The West is bordered by other countries even though it is separated from the sea, in the north it is directly adjacent to the mainland area with Malaysia, in the south it borders on land with Timor Leste and in the eastern part it is directly adjacent to Papua New Guinea. The entire area bordering either directly or indirectly is regulated by immigration law. Immigration law regulations have been well regulated, starting from the highest regulations to the lowest regulations in their respective regions. In this case, in the border area of ​​Merauke district, which is directly adjacent to Papua New Guinea, there are immigration law regulations that are used based on positive Indonesian law, in this case laws and there are also customary laws from the local community. The occurrence of legal pluralism in the land border area of ​​Merauke district is due to the existence of customary law that is still thick in the lives of the people in this border area, resulting in an immigration law regulation that must conform to the policies of local indigenous peoples who always cross borders from Indonesia to Papua New Guinea or vice versa, known as the designation of traditional border crossers.
Application of Law Enforcement Due Process System in Law Against Child Crimes Yoslan K. Koni; Marten Bunga; Dince Aisa Kodai; Nurwita Ismail; Mega S Tangahu
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3519

Abstract

Purpose To know and analyze the application of the due process of law system in law enforcement against child crime, to find out and analyze what are the factors that influence law enforcement on the implementation of the due process of law system. By using this type of research is Normative research. Normactive research is meant as legal research which studies normative law. The normative approach method is used to examine the aspects of the law according to laws and regulations relating to the implementation of the Due Process Of Law system in Criminal law, especially against child crimes. The results of the research show that law was born to humanize humans, so law enforcement or law enforcement must provide benefits or benefits to society. The quality of development and law enforcement is demanded by society at this time not only for formal quality, but also for material / substantial quality. Substantively. the implementation of child protection must be in accordance with relevant professional ethics, to prevent deviant behavior in the exercise of authority, power and strength in the implementation of child protection. The concept of due process is like prioritizing the rule of law, law enforcement officers must recognize, respect, protect and guarantee the rights of suspects. Law and justice is an integrity between normative idealism and human action. If the three of them are no longer combined and become judicial cohesion, then what will generally occur is a lameness whose mode and packaging is destructive and dysmunctional, which then makes it easy for someone and the public to draw conclusions or create estimates, there has been a play and a dramatization project that is still under the guise of carrying out their duties. , what is meant in it is to impose a legal decision.
Application of Economic Analysis of Law Theory as a Basis for Courts’ Judgements in Corruption Crime Cases: (Analyst’s Decision of 45/Pid.Sus/TPK/2011/PN.BDG) Peter Jeremiah Setiawan; Madeleine Celandine Guinevere; Fauzy Iskandar Alamsyah; Mohammad Irvan
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3564

Abstract

Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.
The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? Fradhana Putra Disantara
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3572

Abstract

The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.
Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic Iman Pasu Purba; Alifia Widianti; Irma Lianna
Musamus Law Review Vol 4 No 1 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i1.3757

Abstract

The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.

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