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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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Mulawarman Law Review
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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Public Participation in Constitutional Amendments with Deliberation Requirements in the Unamendability Framework: A Comparative Study Xavier Nugraha; Stefania Arshanty Felicia; Julienna Hartono
Jurnal Mulawarman Law Review VOLUME 7 ISSUE 2 DECEMBER 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.904

Abstract

From time to time, it is considered that Constitutional Amendments are lack of public participation and contains political aspects. Therefore, many nations regulate certain provisions to ensure that the Constitutional Amendments are merely for public order and welfare. One of the provision is the temporal unamendability. In the shape of deliberation requirements, which is essentially the involvement of the public in submitting constitutional amendments within a certain time limit. Indonesian Law doesn’t recognize the concept of deliberation requirements, therefore, the authors will analyze Sweden and South Korean Law, two countries that are also using civil law system and have regulated deliberation requirements in submitting constitutional amendments. This paper will discuss two problems: 1) the legal provisions for constitutional amendments in Indonesia, Sweden, and South Korea, and 2) the guarantee model for public participation in constitutional amendments using the deliberation requirements model. This paper uses legal research method, with a conceptual, statutory, and comparative approach. The results show that Sweden and South Korean Law have involved both the public and the Representative Body to determine wether constitutional amendment will be performed, meanwhile Indonesia hasn’t involve the public to vote for a constitutional amendments. Therefore, to guarantee public participation in constitutional amendments, the authors provide a model which include the public participation through vote or referendum to decide a constitutional amendments and a period of time to file for constitutional amendment.
Degradation of Authority and Institution of The Honorary Council Election Jamil Jamil; Sholahuddin Al-Fatih
Jurnal Mulawarman Law Review VOLUME 7 ISSUE 2 DECEMBER 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.912

Abstract

This article discusses the position of the DKPP after the Constitutional Court Decision Number 32/PUU-XIX/2021 and the power of its decision. As is known, after the Constitutional Court Decision Number 32/PUU-XIX/2021, the DKPP Decision, which was originally final and binding, became unconstitutional if it was not interpreted as only binding on the President, KPU, Provincial KPU, Regency/City KPU and Bawaslu. The research method used is a legal research method using statutory approach, historical approach, and conceptual approach to be able to find new formulation of DKPP structuring design after Constitutional Court Decision Number 32/PUU-XIX/2021. The results of this study found that the weakening of the authority of the DKPP through the decision of the Constitutional Court Number 32 / PUU-XIX / 2021, should also be followed by the weakening of the DKPP institution, because after the final and binding character is weakened by the Constitutional Court, the DKPP no longer has the urgency to be used as a permanent institution. The Constitutional Court should affirm the institutional status of the DKPP as part of the institution exercising judicial power, so that the DKPP has a more definite status and its decisions remain final and binding.
Implication of Coal Mining Permit Governance to Environmental Degradation in East Kalimantan Mohamad Nasir
Jurnal Mulawarman Law Review VOLUME 7 ISSUE 2 DECEMBER 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.922

Abstract

This article analyzes the regulation dynamics regarding coal mining permit governance and its impact on environmental degradation. This paper addresses two main issues. First, it explores the dynamics of coal mining regulations and to what extent they create legal uncertainty in coal mining permit governance. Second, it investigates the implications of the legal uncertainty to the environmental damage around the mining sites. The findings demonstrate that two factors have driven policies and laws in the coal mining sector for over a decade. First, coal mining legislation relates to other industries such as the environment, forestry, spatial planning, and regional governance. Besides, the regulations are multi-level, where the authority lies with the central, provincial, and district/city governments. The second is legislative capture, where licensing legal norms are "co-opted" by particular economic interests. Such policies and laws dynamics lead to uncertainty in the permit governance of the coal mining sector. Further, the legal uncertainty that makes a permit has failed to control coal mining activities and protect citizens' access to a good and healthy environment. On the contrary, permit demonstrated the opposite role: becoming a legal instrument that drives environmental damage and pollution.
Are there International Labour Standards? Case of Migrant Workers’ Exploitation in Italy Yordan Gunawan; Muhammad Arya Ansar; Muhammad Fathi; Stephanie Devty; Dwilani Irrynta
Jurnal Mulawarman Law Review VOLUME 7 ISSUE 2 DECEMBER 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.905

Abstract

The increasingly fierce competition in the world of work has an impact on people getting jobs. The condition makes most people become migrants by traveling to other countries to find a job for a decent life in the future. However, the work that migrant workers get is often not as expected, so the rights of migrants are often not fulfilled. The amount of violence in the world of work and the non-fulfillment of the rights of migrant workers in Italy is an act that violates human rights. Therefore, the authors wrote this article by using normative legal research method to analyze migrant workers in Italy who are exploited by forced labor and the lack of protection regarding the minimum wage for migrant workers and also aims to analyze the role of the International Labour Organization as an organization that protects the rights of migrant workers, including protection from violence and protection of the minimum wage for migrant workers in Italy. The result shows that there is an urgency for Italy to ratify the Minimum Wage Convention on the grounds that it diminishes the exploitation of migrant workers and provides binding legal force for the sake of migrant workers.
Laundering of Proceeds Forest Destruction and Narcotics Crimes: A Resolution of The Conflict Norms Muh. Afdal Yanuar
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1044

Abstract

This paper will explain about the conflict of norms that arise because there are 2 (two) similar provisions (offenses) in different laws, related to 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime'. Furthermore, it is also discussed which principles must be applied to resolve the conflict of norms, and which provisions (offenses) must be applied in that case. This paper uses a normative research with a conceptual approach, statutory approach, and case approach. Through this paper it is also concluded that in case of a conflict of norms between special norms and other special norms, the most relevant principle to be applied is the juridische/systematische specialiteit principle, and in the context of the conflict of norms that occurred in case of 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime', the more relevant provision (offense) applied is the 'Money Laundering Offense' as regulated in the Money Laundering Law.
The Regulation of Articles on State Institutional Insults to The Right to Freedom of Expression in Indonesia: A Critical Review Wiwin; H. Syafa’at Anugrah Pradana; Muhammad Imam Dhiya’ul Haq
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1122

Abstract

This study examines the problematic regulation of articles of contempt of state institutions in Law No. 1 of 2023 concerning the Criminal Code on the right to freedom of opinion in Indonesia. This type of research is normative legal research that uses a statute, analytical, and conceptual approach. The results of this study show that juridically formal insults to state institutions (President, MPR, DPR, DPD, MA, and MK) are regulated in Article 240 and Article 241 of Law No. 1 of 2023 concerning the Criminal Code as complaint offenses. The existence of articles of contempt of state institutions has negative implications for the right to freedom of opinion if reviewed using the legal system theory with the concept of three elements of the legal system. In legal substance, the article of insult to state institutions is multi-interpretive because there is no clear and concrete distinction between insult and criticism. In legal structure, the article of contempt of state institutions has the potential to be misused because there are power relations both structurally and functionally between law enforcement and state institutions; and (3) legal culture, standardization of articles of insult to state institutions has the potential to degrade the pluralism of habits in society in opinion and expression.
Implementation of Ministerial Regulations Based on Attribution Power in the Administration of Government M. Yasin al Arif
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1074

Abstract

This research aims to analyze the incompatibility of Ministerial regulations in the implementation of government which are formed based on attribution of power and intends to formulate a concept to prevent Ministerial regulations from resulting in regulatory obesity. The focus of this research is to answer the questions regarding the position of Ministerial regulations within the Indonesian legal system and how the incompatibility of Ministerial regulations based on attribution power affects the administration of government. This paper is a normative research using secondary data and literature study for data collection.The research findings indicate that firstly, within the legislative regulations system, Ministerial regulations are considered as delegated legislation or delegated regulations based on regulations above them. Secondly, through the independent authority of ministries and/or Ministers, a wide scope has been opened for creating regulations based on the independent authority of Ministers and/or ministries. This has resulted in an anomaly, namely the emergence of laws that provide attribution power to Ministers and/or ministries to directly create Ministerial regulations. This situation creates incompatibility in the administration of government because attribution power cannot be exercised by Ministers as assistants and mandate holders of the President.
Restorative Justice Through Strengthening Community Legal Culture in Indonesia: Challenges and Opportunity Adwi Mulyana Hadi; Anik Iftitah; Syahrul Alamsyah
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1140

Abstract

The main objective of this study is to examine how restorative justice can be effectively implemented in Indonesian society by strengthening its legal culture. The research methodology employed in this investigation is normative research, which encompasses a comprehensive review of existing literature and an analysis of pertinent legislation and policies. The prevailing legal culture in Indonesia places significant emphasis on punishment and incarceration as forms of justice, thereby influencing the acceptance and execution of restorative justice practices. Nevertheless, various endeavors have been undertaken to integrate restorative justice into the community's legal culture. These initiatives include establishing supportive legal frameworks, providing training and capacity-building programs, implementing pilot projects and experiments, advocacy campaigns, public awareness campaigns, and community engagement. However, several obstacles and challenges need to be addressed, such as shifting legal paradigms, insufficient knowledge and awareness among the general public, resistance from offenders, and limited resources. To overcome these constraints and challenges, concrete steps are needed, such as increasing public knowledge and awareness, establishing supportive legal frameworks, active community engagement, and resource optimization. By addressing these constraints and challenges, restorative justice can be more integrated with the legal culture of Indonesian society, providing a positive contribution to conflict resolution, restoring social relationships, and improving the justice system in Indonesia.
Understanding European Union Climate Change Governance through Political Parties Euromanifesto Asrul Ibrahim Nur
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1160

Abstract

This study offers a novelty specifying climate change as the legislation results in the European Parliament (EP) as an indicator of the consistency of political groups in realising their Euromanifestos. The article aims to investigate precisely the prospects and future of climate change policies in the EU post the 2019 general election. This study adopted qualitative legal research methods by studying the Euromanifestos of political groups in the European Union that competed in the 2019 European elections. Environmental issues, particularly climate change, were a significant focus in the study of these manifestos. Based on data from Euromanifesto, this study selected five EU Regulations as indicators of realising such political promises. In addition, the record of legislation and the results of voting during the establishment of the regulation was also applied as a data source in this study. In general, the cohesion between political groups in the EP is excellent. Based on a manifesto study, there are three essential findings; namely, most political groups in the EP make environmental issues, especially climate change, a politicised issue in elections. The second finding is that there are specific intersections between political groups, so it has implications for making the issue of climate change a common interest, and the results of the vote showed that a majority of Member of European Parliament members supported the establishment of the regulation. Finally, the solidarity of the EP political group cohesion in establishing regulations related to climate change is the last finding in this research.

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