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Mulawarman Law Review

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Published by Universitas Mulawarman

ISSN : 25273477 EISSN : 25273848 DOI : https://doi.org/10.30872/mulrev.v7i1

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Mulawarman Law Review (MULREV) is a peer-reviewed journal published by Faculty of Law, Mulawarman University. MULREV published twice a year in June and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The 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 deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, State and Administrative Law, Islamic Law, Economic Law, Adat Law and Local Custom, Natural Resources and Environmental Law and another section related contemporary issues in law. ISSN: 2527-3485 | e-ISSN: 2527-3477

Arjuna Subject : Ilmu Sosial - Hukum

Articles 99 Documents

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Interpretation Qualification Proof toward Humiliation Performer or Libel in Social Media Bayu Fermadi; La Sina; La Syarifudin
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 1 JUNE 2018
Publisher : Faculty of Law, Mulawarman University

Information openess is needed by society, the improvement of information technology sector, electronic media and globalization happens almost in all life sectors. Technology improvement which is marked with internet can be operated by using electronic media such as computer or handphone. Through internet, information exchange can be done fast, accurate and with cheap cost. Therefore internet can be media to ease someone to do type of criminal act which based on informaton technology (cybercrime) such as, criminal ac like libel, pornography, gamling, account breaking, and etcetera. Related with libel via electronic media, as it is organized in Law Number 11 Year 2011 about Electronic Information and Transactions. Then this issue which is done and is also not missed from electronic media itself. The proof is issue which hold important role in investigation process in law. The provision about the criminal act method can be done toward person who is accused doing certain criminal act. This provision is organized in formal criminal law. Verification process becomes important because it will decides defendant fate. If proof result with proof of evidence which is determined with law does not enough proof the guilt which is accused to defendant, then defendant is freed from punishment. It is vice versa, if the defendant guilt can be proved with enough proof of evidence, then the defendant can be avowed guilty and will be punished according to valid law.

The Formulation of The Norm On Handling The Violation of Local Election Atiqah Mumtazah Ameliah Bura Datu
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 1 JUNE 2018
Publisher : Faculty of Law, Mulawarman University

The study to analyze the formulation of the norm on handling the violations of local election which can affirm sanctions for violators of Article 73 of Law Number 10 of 2016 concerning the Second Amendment to the Act Number 1 of 2015 regarding the Government Regulation in Lieu of Act Number 1 of 2014 about the Election of Governors, Regents and Mayors into Law. The Type of the Research Method used in this study is normative legal research. The results of this study are the sanction formulation policies specifically regarding the formulation of administrative sanctions for violators of Article 73 of Act Number 10 of 2016 regarding The Election of Governors, Regents and Mayors, which have a number of fundamental weaknesses, thus affecting the effectiveness of handling violation, because the weaknesses in the formulation stage (in abstracto) are strategic weaknesses for the next stage, namely the application and execution stage (in concret). The conclusion of this study is that there is a legal certainty about the violation handling for the local election that is structured, systematic and massive. It is recommended that these elements are not to be used as a series of reasons that will be difficult in proving all three together since it will cause legal uncertainty and a short amount of time to handle an election crime, the bureaucracy to handle election crimes should be designed more simply.

Fostering Social Justice Through Managing Civil Law Clinic in Indonesia: A Comprehensive Framework and Practice I Gusti Ngurah Parikesit Widiatedja
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 1 JUNE 2018
Publisher : Faculty of Law, Mulawarman University

The development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.

Akibat Hukum Tidak Membentuk Perhimpunan Pemilik Dan Penghuni Satuan Rumah Susun Arief Rahman Mahmoud; Suhariningsih Suhariningsih; Imam Koeswahyono
Jurnal Mulawarman Law Review VOLUME 4 ISSUE 1 JUNE 2019
Publisher : Faculty of Law, Mulawarman University

This article aims to determine legal consequences and remedies not filling the provisions of article 74 paragraph 1 of law number 20 year 2011 jo article 54 paragraph 1 of government regulation number 4 of 1988 concerning the association of the occupants unit of flats, using normative legal research methods, through approach to legislation, conceptual and comparison in order to obtain the views an doctrines as a basis legal arguments on legal issues studied. Based on the survey result revealed that, with no formation of associations of occupant flats units, then the resident will lose the right to enjoy a sense of comfort, easy, safe, orderly and organized the principles in the flats. According to article 107 flats legislation may be subject to adminisrative sanctions contained in article 108 of the law enactment flats in stages, ranging from a written warning to revocation of business license. Remedies that can be given the resident can do prosecution by first reporting to the local authorities for further prosecution to the developer. According article 75 paragraph 1 law flats: ”development actors are required to facilitate the formation of associations occupant apartment units at the latest before the transitional period ends. In article 59 paragraph 2”. The transitional period a maximum of one year since the first delivery of flats units to the owner.

Penguasaan Tanah Oleh Orang Asing Dalam Perspektif Hak Bangsa Arif Rachman Nur
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 1 JUNE 2018
Publisher : Faculty of Law, Mulawarman University

The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.

Manajemen Hakim (Studi Perbandingan Indonesia dengan Turki) Ikhsan Azhar
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 1 JUNE 2018
Publisher : Faculty of Law, Mulawarman University

In the past three years, the profession as a judge has been in the spotlight. The reason is because this profession can be referred to as "God’s Deputy" and as a place for the last hope of the public in seeking justice it turns out that it was also been exposed by the Corruption Eradication Commission’s sting operation (KPK OTT) and so many were proven and punished for violating ethics. This is the reason why the urgency of the management of judges will be echoed. To make improvements, the research should not stand alone, but also see the practice of independence from the judicial power institutions and similar institutions of Judicial Commission (KY). In this regard, it is important to study with practice abroad, which in this paper takes Turkey as the comparative country of Indonesia. It is hoped to get a picture of practices from other countries, there are lessons that can be adopted in Indonesia to be regulated and practiced. In order for writing to be more focused the author uses normative legal research methods with a comparative approach. After studying the material and data, there are several results of this study, including the first judicial power institutions in Turkey and Indonesia which are independent institutions, and are equally regulated in the constitution, especially the judicial power chapter; second, the history of reform in implementing the management functions of judges in Turkey and Indonesia is different. If in Turkey it is done by separating it from the executive institution by establishing an HCJP institution, while in Indonesia it is carried out by being united to the judicial power institution; third, in Turkey the management of judges such as recruitment, regulating the placement, promotion, transfer, supervision, and imposition of disciplinary measures is carried out by other institutions called HCJP, while in Indonesia the management of judges is carried out by the Supreme Court. Even though KY has a duty in relation to the management of the judge's position, only in terms of training and supervision; fourth, HCJP and KY are equally regulated in the constitution, especially the judicial power chapter, and also have their own technical rules made to facilitate the implementation of their authority and duties.

Legal Protection for Domestic Airlines Consumers Related with Ticket Purchasing Thomas Heru Susanto; Ahmadi Miru; Winner Sitorus
Jurnal Mulawarman Law Review VOLUME 4 ISSUE 1 JUNE 2019
Publisher : Faculty of Law, Mulawarman University

Penelitian ini bertujuan untuk mengetahui perlindungan hukum bagi konsumen terhadap Penerapan Batas Atas dan Batas Bawah Pembelian Tiket Pesawat berdasarkan Peraturan Menteri Perhubungan Nomor PM 14 Tahun 2016. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan kasus (case approach) dalam bentuk penelitian lapangan (field research). Hasil penelitian menunjukkan perlindungan hukum bagi konsumen terhadap Penerapan Batas Atas dan Batas Bawah Pembelian Tiket Pesawat pada dasarnya telah diatur dalam Peraturan Menteri Perhubungan Nomor PM 78 Tahun 2017, bahwa maskapai yang melakukan pelanggaran terhadap ketetapan batas atas tarif maskapai penerbangan dapat dijatuhi sanksi. Namun dalam implementasinya, belum ada yang diberikan sanksi, meskipun telah ditemukan adanya pelanggaran terhadap aturan tentang batas atas tarif jasa penerbangan di Manokwari. Upaya hukum bagi konsumen dalam hal terdapat harga tiket pesawat yang tidak sesuai dengan Peraturan Menteri Perhubungan Nomor PM 14 Tahun 2016 yakni dapat memberikan informasi atau laporan pengaduan dari masyarakat kepada dinas perindustrian dan perdagangan atau lembaga swadaya masyarakat yang bergerak dibidang perlindungan konsumen. Ganti kerugian yang berhak diterima apabila terbukti terdapat maskapai jasa penerbangan yang menetapkan tarif di luar ketentuan batas atas taris jasa penerbangan adalah ganti kerugian materil berupa selisih harga yang seharusnya dan kerugian imateril berupa bunga atas jumlah kerugian materil yang diderita konsumen.

Justice Constitutionality of Specialized Court in Coping with the Dispute on Direct Local Leader Election Result Ebin Marwi
Jurnal Mulawarman Law Review VOLUME 3 ISSUE 2 DECEMBER 2018
Publisher : Faculty of Law, Mulawarman University

In accordance with the petition of Constitutional Court Number 97/PUU-XI/2013, Constitutional Court is no longer authorized to resolves disputes on direct Local Leader Election result, because provisions of Article 236C of Law Number 12 Year 2018 Republic of Indonesia against the constitution of 1945 Article 157 paragraph (1) Law Number 8 Year 2018 determines that the dispute settlement on direct Local Leader Election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct Local Leader Election results. The authority of the Constitutional Court is the constituional authority to fulfill temporary vacuum of norm (rechtvakum). Therefore Legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct Local Leader Election result.

Restorative Justice Terhadap Pelaku Tindak Pidana Ringan yang Telah diberi Sanksi Adat Yogi Hardiman; Siti Kotijah; La Sina
Jurnal Mulawarman Law Review VOLUME 4 ISSUE 1 JUNE 2019
Publisher : Faculty of Law, Mulawarman University

Proses penyelesaian pelanggaran hukum adat, dengan diberikan sanksi adat oleh lembaga adat, dibenarkan sebagai bentuk perwujudatan keberadaan dan pengakuan hukum adat yang masih ada dan tumbuh dalam masyarakat di Indonesi dan diakui proses itu oleh kepolisia sebagai penyelesaian sengketa diluar pengadilan. Penelitian ini,yuridis empiris, dengan pendekatan studi kasus Suku Dayak Wehea Desa Nehes Liah Bing oleh kepolisian Kutai Timur. Penyelesaian adat atas tindak pidana ringan yang telah diberikan sanksi adat oleh Suku dayak wehea berdasarkan hukum adat itu,menjadi dasar pihak kepolisian memberlakukan penerapan restoratif justice terhadap pelaku tindak pidana ringan yang telah diberikan sanksi adat di Satuan Reserse Kriminal Kepolisian Resor Kutai Timur. Penerapan restoratif justice terhadap pelaku tindak pidana ringan yang telah diberikan sanksi adat di Satuan Reserse Kriminal Kepolisian Resor Kutai Timur merupakan role model dalam proses penyelesaian sengketa diluar pengadilan. Upaya ini menjadi lebih mudah, murah, dan tidak berbelit-belit, dan memberi kepastian hukum kepada korban dan pelaku tindak pidana pelanggaran ringan.

Pierre Cardin Trademark Dispute Nisrina Atikah
Jurnal Mulawarman Law Review VOLUME 4 ISSUE 1 JUNE 2019
Publisher : Faculty of Law, Mulawarman University

Trademark is a mark of commodity or service origin indentification which related with its producers. Trademark function is not only to differ a commodity with another commodity, but it has function as priceless company asset, especially for well-known mark. A trademark which became famous will make that trademark becomes valuable assets or properties of the company, but in the other side, the fame will lure other producers to run unfair business to commit “piracy” or imitate it. One of it happens on trademark dispute on case decision No.1 557K/Pdt.Sus-HKI/2015. This research research is to know protection toward well-known mark and PIERRE CARDIN LOGO are reviewed by normative intstrument which is Law No. 15, 2001 and TRIPs Agreement along with juridical concequence of Supreme Court Decision No.1 557K/Pdt.Sus-HKI/205 toward well-known mark in Indonesia. The method used in this research is normative research with law and conceptual approaches. This research uses primary law material and secondary law material, then the law materials are analyzed qualitatively and served prespectively. Research shows that: 1) Determination of court decision by the council of judges was according to valid law which is Law No. 15, 2011 regarding trademark but TRIPS Agreement aspect is not noticed entirely, justice and prosperity aspects which must consider economy and morale loss impacts by the user or owner of that well-known mark; 2) Juridical Consequence from decision No.557K/Pdt.Sus-hki/2015 is well-known marks which are enter to Indonesia must follow indonesia national law, even though sutantively it was registered in several countries and obtained fame globally.

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Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Haris Retno Susmiyati

Contact Email harisretno@fh.unmul.ac.id

Phone +6281297555572

Journal Mail Official mulrev@fh.unmul.ac.id

Editorial Address Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119

Location Kota samarinda, Kalimantan timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Haris Retno Susmiyati

Contact Email
harisretno@fh.unmul.ac.id

Phone
+6281297555572

Journal Mail Official
mulrev@fh.unmul.ac.id

Editorial Address
Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119

Location
Kota samarinda,

Kalimantan timur

INDONESIA