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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 of Children as Perpetrators of Criminal Act Stimulated by Pornography Based on Indonesian Laws Syarif Saddam Rivanie; Avelyn Pingkan Komuna; Alif Arhanda Putra; Putera Fardhi Utama; Abd. Kahar Muzakkir
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.v4i1.3759

Abstract

This study aims to find out what laws and regulations in Indonesia protect children as criminals due to being stimulated by pornography. This research uses normative legal research methods. The data used in this study are primary data and secondary data. The data analysis technique used is qualitative data analysis techniques. The study results indicate that several laws in Indonesia protect children as perpetrators of criminal act due to being stimulated by pornography. In this case, it consists of Law No. 4 of 1979, Law No. 39 of 1999, Law No. 17 of 2016, Law No. 44 of 2008, and Law No. 11 of 2012. This can be seen from all the considerations of the Panel of Juvenile Judges in deciding the criminal case of sexual intercourse committed by the perpetrator YY against the victim of FH. Therefore, it is hoped that law enforcers regarding the handling of children who commit criminal acts resulting from being stimulated by pornography can distinguish their treatment from criminal acts in general, such as theft. In addition, children who commit crimes due to being stimulated by pornography must also be accompanied by a psychologist to ensure that the child's mental condition can return to normal. Assistance by religious leaders must also be done so that children can return to the right path and be blessed by God.
Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality Moh. Lubsi Tuqo Romadhan; Nur Khotimah; Shinta Widhaningroem; Tekun Ibadata
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.v4i1.3794

Abstract

The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.
Patterns of Corruption Prisoners Development In Indonesia In Realizing The Objective of Corruption Darmawati Darmawati; Asriadi Zainuddin
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.v4i1.3867

Abstract

Implementation of Guidance on Corruption Convicts is one of the things that must receive attention in prisons because it is one of the Extra Ordinary Crimes. In addition, most corruption crimes are committed by people who have a high social status, both in terms of their position before staying in prison as well as in terms of education and economic levels. Arrangements regarding the implementation of guidance for corruption convicts in Indonesia are regulated in the provisions of Law Number 12 of 1995 concerning Corrections and are described through Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Citizens. Regarding the guidance for corruption convicts, it still refers to the provisions of Government Regulation Number 31 of 1999 where there is no difference in terms of the implementation of coaching which is still carried out through three stages, namely the initial stage, the advanced stage and the final stage. To be able to obtain the right to parole, there are special provisions that are applied to Corruption Convicts, namely in addition to having to behave well while in prison, they must also fulfill the obligation to complete the payment of fines or replacement money to be able to submit a parole proposal.
The Application of The Sustainable Development Concept In Indonesia’s Environmental Law Nurmayani Nurmayani; Eka Deviani; Risa Mahdewi; Desia Rakhma Banjarani
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.v4i1.3949

Abstract

The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.
The Influence of International Law in 1945 Constitution Amendments of the Republic of Indonesia Rudi Natamiharja; Algizca Rasya; Ria Wierma Putri; Desia Rakhma Banjarani
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.3981

Abstract

As a country that is active in international relations, Indonesia often creates relations about the relationship between international and national law, which also raises questions about the influence between the two. The linkages between international law and national law give rise to each other, including in the process of drafting amendments to the constitution of a country, one of which is Indonesia. This paper discusses the influence of international law in the amendments to the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical in the form of library research. The results of the research are that there is a link between national law and law that influence each other, including in the process of amending the 1945 Constitution of the Republic of Indonesia. Although not all articles are affected by international law, at each stage of the amendment there are several articles that have a positive effect on the whole. directly or indirectly.
Violence Against Women During the Covid-19 Pandemic Jumriani Nawawi
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.4094

Abstract

The COVID-19 pandemic that has hit the world has had a huge impact. Women are one of the groups affected by the pandemic. Legal protection for women has been established and has permanent legal force. However, the reality is that violence against women continues both culturally and structurally. This article describes the impact of the pandemic on women and efforts to eliminate violence against women during the pandemic. This research was conducted by systematically examining the laws and regulations and by using the technique of collecting document studies from the results of research on violence against women. The results of the study describe that COVID-19 has had a tremendous impact on women in terms of achieving sustainable development goals in Indonesia. During the COVID-19 pandemic, violence against women has increased.
Principles Audi Et Alteram Partem Compatibility in Litigation Process at State and Religious Court: Impact of Pandemic Sekhar Chandra Pawana; Vincentius Patria Setyawan
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.4108

Abstract

The Covid-19 pandemic that surge around the world, caused adjustments in various ways, including in the law. The existence of regulations regarding e court strongly supports government programs in suppressing the rate of development of the Covid-19 virus, but on the other hand this development raises questions regarding the application of the principle of audi et alteram partem. This paper aims to present how the application of Principles Audi Et Alteram Partem Compatibility in Litigation Process in State and Religious Court in emergency situation. This study uses an normative method approach with descriptive analytical research specifications. This research seeks to illustrate the facts of the Audi et Alteram Partem Principle Compatibility in E-court anda E-Litigation.. Starting from this, there should be synchronization and uniformity of rules for all judicial processes, which should ideally be conducted electronically. From the results of the study, the implementation of the electronic trial shows the application of the principle of audy et alteram partem. All of this is in the interest of the justice-seeking community itself so that the trial process can better guarantee. It is found that even though the court process is conducted online, the principle of audi et alteram partem can be realized.
Critical Analysis of The Policy of Mediation Time in The Employment Disputes Settlement Ilham Aji Pangestu; Fitri Fitri
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.4132

Abstract

Relationship among stakeholders in an industrial environment does not always run well. The conflicts within an industrial relationship are common, and they are known as industrial relation disputes. However, the disputes must be settled such as by mediation. This study aimed to analyze and investigate the 30 (thirty) day mediation period specified by Article 15 of the PPHI Law for the settlement of industrial relation disputes by the mediator. This study is a normative legal study utilizing a statutory approach and a case approach in which legal materials were gained through literature review. It was found that the settlement period must be completed by the mediator was ideally considering two aspects: the number of cases and the number of mediators. The researchers suggested that the provisions of Article 15 of the PPHI Law cannot be implemented equally; due to each region have the different number of cases and the number of mediators. In addition, the non-ideal number of functional mediators was taking into account the aspect of the number of cases received, so currently the service and technical implementation of the settlements do not run optimally. Based on the results of the study, the researcher suggests the stakeholders: first, to revise Article 15 of the PPHI Law, which is related to the period of time for the mediator in completing the duties. Second, to increase the number of functional mediators by considering the number of cases received.
Function of Givu as Traditional Law of the Tau Taa Wana Tribe Restu Monika Nia Betaubun; Moh. Nutfa; Endang Yuliasih; Rivaldhy N Muhammad
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.4188

Abstract

This study aims to explain the function of Givu as customary law as well as an identity that is able to regulate social life in the Tau Taa Wana Tribe community. The research approach used is descriptive qualitative. There were 13 informants who were selected by purposive sampling. The data used include primary and secondary data through qualitative observations, in-depth interviews, focus group discussions, documentation and document studies. Data analysis is a qualitative analysis through an interactive model, namely data reduction, data presentation; and levers. The results of the study show that Givu is a customary law that is sourced from noble abstract values ​​and rules so that it becomes a guide for social behavior that is able to support social structures. The application of Givu is regulated through institutions such as regulating economic, political and social needs. Close relationship with Mogombo (deliberation) for customary law decisions against a disturbance that maintains the spirit of collectivity and is able to strengthen a participatory culture. The importance of external recognition and respect for Givu customary law as well as state recognition and protection for the existence of the Tau Taa Wana Tribe.
The Right of Suspects to Obtain Legal Aid in Criminal Investigation Imanuel Marthen Dumais; Muhadar Muhadar; Marwati Riza
Musamus Law Review Vol 1 No 1 (2018): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i1.736

Abstract

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.

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