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NOMOI Law Review
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 27223663     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
NOMOI Law Review NOMOI Law Rewiew is an academic journal published by Constitutional and Anti-Corruption Studies Center, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Nomoi was first published in January 2020. Published two (2) numbers in a year (May and November)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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POSSIBLE 2020 REGIONAL HEAD ELECTIONS AS A RESPONSE TO THE COVID 19 PANDEMIC IN VARIOUS PERSPECTIVES Afifa Rangkuti
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5066

Abstract

The Covid-19 outbreak was officially announced on March 15, 2020.A number of policies were implemented, such as physical distancing, work from home(WFH), to PSBB (Large-Scale Social Restrictions),which wereimplemented by the government to prevent the expansion of the spread of the corona virus in Indonesia.This pandemic is not only requires people to keep their distance and healthy behavior,will bebut the impact is shifting or postponement of the agenda naternationalwhich has been scheduled.Various sectors were affected, especially sectors in the economic sector.Not only the economic sector, the government sector also experienced the impact.One of the sectors in the government category is the pilkada or regional head elections.Pilkada in accordance with the planwillbe held simultaneously in 2020. However, the national situation which is being hit by the Covid-19 outbreak has forced the phases of the Pilkada to be delayed.This year's Pilkada cannot be implemented or postponed due to the impact of Covid-19that is hitting Indonesia.Dampak spread Covid 19th in Indonesia rapidly, the Government and the Parliament to postpone the implementation of the election official in September 2020, which was then planned by the Commission back on December 9, 2020 simultaneously for the area declareda green zone or safe from the corona virus outbreak.However, the health protocol requirements must be implemented, such as wearing a mask, washing hands with soap, keeping your distance, using a hand sanitizer and personal protective equipment or APD.The Pilkada this year cannot be held simultaneously.The total number of regions that will carry out the Pilkada simultaneously in 2020 is 270 regions, with details of 9 provinces, 224 regencies and 37 cities.However, this year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia.This was done as an effort to anticipate the spread of thecoronavirus.Keywords:Delay, Pilkada, Covid Pandemic 19.
DESIGN OF STATE CONTROL REGULATIONS IN MINERAL MINING VALUE ADDED ACTIVITIES Akmaluddin Rachim
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5228

Abstract

The Constitutional Court has given the Constitutional Court the interpretation of state control or the right to control as a guide in mineral mining governance activities.The problem arises when thisestimate has not been able to be properly implemented in mineral mining governance arrangements.The presence of Law no.3 of 2020which isexpected to have implications for the greatest possible prosperity of the people with the presence of a form of full state controlin activities to increase added value has not been able to answer this problem.This study aims: (1) to determine whether theregulation of the concept of state control has been accommodated in value added activities as regulated in Law no.3 of 2020, (2) to determinethe appropriatedesign fortheconcept of state control to achieve the goal of state control.This research is a normative legal research.The research was conducted by means of a literature study that examinesprimary and secondary legal materialsand uses aconceptual approach.The data that has been collected were analyzed using descriptive qualitative methods.The results of this study concluded that: (1)Regulation of the concept of state control has not been accommodated in value added activities as regulated in Law no.3 of 2020. Even the right to control the state as interpreted by the Constitutional Court tends to be ignored.(2)The regulatory design for the concept of state control that is appropriate for achieving the goal of state control is that it must have a strong legal and institutional substance and have a vision for Indonesia's industrialization in the future.The substance of the law must refer to the mandate of Article 33 paragraph 3 of the 1945 Constitution and the sustainable institutional management model.
Press Freedom And Hoax: Democracy Anomaly Ibnu Sina Chandranegara
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4283

Abstract

AbstractAfter the collapse of the New Order regime, the hope of a more realized configuration gave freedom of approval through apress. However, the freedom obtained by the Press is currently full of negatives, namely news of false news that is increasing. The method used in this study is a normative juridical legal research method. According to the results of the 2018 Edelman Trust Barometer survey, seven out of 10 people in the world were worried that fake news would be used as "weapons". In Indonesia alone, 76 to 80 percent of the public is worried about using hoaks as a weapon to create instability in the country. These findings indicate that there are challenges from democratic reform and post-reform law enforcement. This paper discusses the solution to the legal aspect of dealing with the rise of false news as an effort to protect democracy and freedom of information.Keywords: Press Freedom, Law Enforcement, Democracy.
RESTRICTIONS SOCIAL LARGE SCALE AS EFFORTS TO CONTROL COVID- 19 PANDEMIC NATURE FROM HUMAN RIGHTS PERSPECTIVE Lamria Fitriani Manalu
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5064

Abstract

State as stakeholders obligation to guarantee the rights of its people in the form of homage (to respect), protection (to protect) and fulfillment (tofulfill) without discrimination.The aim of this study was todetermine the Social RestrictionsBERswhenthe Greatas an effort totacklingthe pandemicCOVID-19in ahuman rights perspective, which is expected to be usefulas a reflection on the application ofPSBBin Indonesia.This research is descriptive analyticalusing data sources obtained throughliterature study, whiledata collection techniques and procedures were carried out through document study.Normative data were analyzedqualitatively.The results showed that the PSBB was carried out in accordance with predetermined criteria.Such restrictionsare in accordance with statutory regulations, in which the state may only impose restrictions on rights through the enactment of laws and the public has the right to enjoy the highest attainable standard of physical and mental health.The government has made various important efforts to protect the right to life, the right to self-development, and the rights to the welfare of the affected people.This means that thestate has carried out its obligations for health services and a healthy and healthy life foreveryone as mandated in the 1945 Constitution. The results show that the application of the PSBBas an effort totacklethe COVID-19 pandemic is not contradictory or is in accordance with a human rights perspective.Keywords:Restriction Social BerskalaBesar,COVID-10, HAM
Constitutionality Of Mechanism Approval Government Regulation Replacement Act In Law Number 12 Of 2011 Concerning The Formation Of Laws And Regulations M Ilham Putuhena
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4648

Abstract

The issue of the mechanism for the approval of the laws and regulations needs to be assessed for their constitutionality because it will deal with the authority of the President and the House of Representatives (DPR) in the formation of legislation.The method used in this legal research is the normative juridical method.The results showed that the unconstitutionality of Article 52 and Article 71 of Law 12 of 2011 was because there was a reduction in the authority of the DPR in the Perpu made by the President because the DPR did not yet have the authority to refuse all or accept a portion of the Perpu with conditions for improvement.Keyword: Constitutional, Perpu, DPR, President.
THE ROLE OF LEGAL AID ORGANIZATIONS (OBH) UNDERSTAND RIAU IN RESOLVING CHILDREN'S CASES IN PEKANBARU CITY M. Alpi Syahrin, Al Fikri Lubis, Al Mario, Try Muhammad
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5230

Abstract

Crimes are not only committed by adults against children, but there are also crimes committed by children. Crimes involving children often end up in court, and there are some differences that courts make when a child sits as a convict. Children facing the law, whether children conflict with the law (Bad Boy), Victim's Child, or Witness's Child, must be provided legal assistance and accompanied by legal aid or legal counsel. Thus, there is a need for special assistance to ABH, to ensure the psychology of the child is not compromised. Legal aid organizations that are required to assist ABH both outside and in the trial, also play a role in ABH's psychological assistance. OBH PAHAM Riau is present in the effort to fight for the guarantee and protection of the rights of marginalized/poor people as well as the enforcement of fair laws specifically in pekanbaru city, Riau.Keywords: Role, OBH PAHAM Riau, Children's Case.
Legal Action Against Of Notary Supervisory Board Decision Erwin Asmadi
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4285

Abstract

The Notary Supervisory Board has the authority to supervise the Notary Public and in order to carry out this authority the Notary Supervisory Board issues decisions related to violations committed by Notaries. The method used is secondary data sourced from primary, secondary and tertiary legal materials. The decision of the Notary Supervisory Board for the central level is final and binding. If then there are parties who are not satisfied with the decision of the Notary Supervisory Board, what legal remedies can be taken by the dissatisfied party. Based on the research conducted, the decision of the Notary Supervisory Board can be categorized as a state administration decision which is a competency of the Administrative Court to examine, hear, and decide upon it. Therefore, if there are parties who are dissatisfied with the decision of the Notary Supervisory Board, then they can submit legal remedies to the Administrative Court.Keywords: Decision, Notary Supervisory Board, Administrative Court
LEGAL CERTAINTY IN THE EASE OF EFFORT IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 RELATED TO NOTARY PROFESSION Fadhil Yazid
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5055

Abstract

The start of the 4.0 Industrial Revolution brought many changes to the world. This is the era in which the practice of automation and data exchange, as well as the use of Internet technology, cloud computing, and cognitive computing will colorize various sectors of human life, including the realm of profession. All changes, definitely brings two things: challenges and opportunities. Very wise if we can understand the changes that occurred through the Industrial Revolution of 4.0 and what is the impact for professions, practitioners and officials in the field of law. For a notary, it is time to look at the impact of the 4.0 Industrial Revolution as a challenge and opportunity for future sustainability of the profession. As known, the legal system is divided into two main systems namely common law and civil law, and a small part of the system of religious and mixed law. On both the legal system, the position and authority of the notary is different. A civil law or Latin notary Notary is an official with the authority given by the State to create and issue an authentic deed as well as to provide clarification or legal counseling to the parties concerned. Whereas, the common Law Notary Authority is accepting, noting statements, knowing signatures, certifying copies, all of which are used to support the administrative of other legal proceedings, and not an authentic deed by itself.Keywords: Legal Certainty, Industrial 4.0, Notary
Regional Autonomy Political Politics Of Regional Liability Reports To Regional Representatives In The Implementation Of Local Government Cynthia Hadita
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4645

Abstract

Regional autonomy can not be separated from political power, including the dynamics of the revision of relevant legislation pertaining to local government information report liability regional head for legislature.However, it is necessary to study the politics of regional autonomy through legislation that can provide only partial or partial benefits.The issue to be discussed is concerning the politics of regional autonomy law and its implications related to the report on the responsibility of the regional head to the regional legislative assembly.The research method used is normative juridical.The results showed that (1) the administration of regional government is related to the 5th precepts of Pancasila, Article 18 of the 1945 Constitution of the Republic of Indonesia, Article 71 of the Regional Government Law, which shows the dynamics of changes that are pragmatic and has substantial changes with the revision of the Regional Government Law.(2) The political implications of the regional autonomy law related to the report of the regional head are now only recommendation and corrective, but the regional people's representative council cannot easily overthrow the regional head that has been directly elected by the people.Keywords: Politics,Regional autonomy,Implication.
ADMINISTRATIVE SANCTIONS ON RIVER DESTRUCTION ACCORDING TO LAW NUMBER 32 OF 2009 (Study at the Environmental Management Agency for Tulang Bawang Regency) SD.Fuji Lestari Hasibuan, Satrio Nur Hadi, Dina Haryati Sukardi, Tahura Malagano
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5085

Abstract

The need for clean water is increasing with the rapid population growth, however.Its availability has decreased due to environmental destruction or pollution, one of which is rivers.Damage or pollution to rivers is caused by domestic, industrial and agricultural activities.Damage or pollution to rivers will have a negative impact on health and cause imbalance in the river ecosystem.The problems raised are why administrative sanctions are used as an instrument in controlling river destruction in Tulang Bawang Regency, and what are the legal consequences of administrative sanctions on perpetrators of river destruction in Tulang Bawang Regency.The problem approach in this study is a normative approach, this study uses quantitative dataanalysis. The results of the research and discussion show that administrative sanctions are an instrument in river pollution due to restoration of conditions, repair of damage, or in other words aimed at actions committed by business actors or activities that pollute rivers, and are one of the efforts to enforce laws against activities related to licensing requirements, environmental quality standards, environmental management plans and so on through administrative sanctions, as well as enforcement of administrative sanctions aiming at actions that violate the law or do not meet the permitted requirements to stop or return to their original state,namely before the occurrence of pollution or destruction.to.Local government policies that do not take sides with the environment have in the occurrence of various natural disasters or events that continue to occur invariousregions, especially in Bawang BawangRegency.Keywords: Administrative Sanctions, Perpetrators, River Destruction.

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