NOMOI Law Review
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)
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<![CDATA[MARRIAGE AGE LIMIT PROVISIONS REVIEWED FROM THE LAW LAW NUMBER 16 YEAR 2019 ABOUT THE CHANGES TO LAW NUMBER 1 YEAR 1974 CONCERNING MARRIAGE AND LAW TRADITION ]]>
<![CDATA[Desi Robiatul Adawiyah Siregar]]>;
<![CDATA[Rosnidar Sembiring]]>;
<![CDATA[Idha Apriliyana]]>;
<![CDATA[Yefrizawati Yefrizawati]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12221
<![CDATA[The stipulation of the age limit for marriage is one of the very important pillars in the legal protection of underage marriages. Underage marriage is a marriage or contract that can guarantee that a man and a woman have each other and can have husband and wife relations, and the marriage is carried out by someone (prospective husband/prospective wife) whose age has not yet reached the age determined by law. currently in force in Indonesia that has been determined by the government. UU no. 16 of 2019 amendments to Law No. 1 of 1974 concerning marriage Article 7, namely "Marriage is only permitted if a man and a woman have reached the age of 19 (Nineteen) years. The method use in this research is normative legal research. The issues discussed are about how the pluralism of the marriage age limit according to positive law and customary law, regarding how to implement Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, regarding how legal protection is related to age. marriage in which the parties contain Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage and customary law.]]>
<![CDATA[AUCTION FOR THE EXECUTION OF OBJECT OF GUARANTEE OF LIABILITY IN SETTLEMENT OF NON-LOAD LOANS ON HOUSE OWNERSHIP (KPR) ]]>
<![CDATA[Widya Hastuti]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12250
<![CDATA[Home Ownership Credit (KPR) is the most chosen alternative provided by many banks, allowing someone to get it with payments in installments, it can even be done in the long term. However, the implementation of credit payments did not proceed in accordance with the credit agreement, namely not making installment payments on loans that had been financed by the plaintiff which was recorded until December 17, 2014 as many as 25.08 installments (25 months or 2 years 1 month) which was then the Defendant I determined the debts of the Plaintiffs as bad loans and by Defendant I (PT BTN (Persero) TBK Bukittinggi Branch it was submitted/through the Bukittinggi State Property and Auction Service Office (KPKNL) (Defendant II) to conduct the auction. The results obtained that the execution of the auction of the object of credit guarantee against housing loans (kpr) which has been filed by the Supreme Court Decision No.128 K/Pdt/2016 can be carried out by the creditor (Bank) which in this case has fulfilled the following steps: stages prior to the auction.]]>
<![CDATA[LIMITATIONS OF REVISION THE LEGISLATIONS IN THE PROCESS OF FORMULATING THE LEGISLATIONS IN INDONESIA ]]>
<![CDATA[Eka NAM Sihombing]]>;
<![CDATA[Dani Sintara]]>;
<![CDATA[Cynthia Hadita]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12246
<![CDATA[The absence of a limit on the number of times a law is allowed to change is a problem in the law-making process. Considering that there is still a mechanism in the form of an option to revoke a law which can be replaced with a new one if more than half of its substance has been changed. However, there is a law that has made a third amendment and even a fourth amendment. This needs to be studied in the perspective of the formation of laws and regulations. The research method used is normative juridical. The results of the study indicate that there is no benchmark/standardization of how much maximum a law can be amended and if more substances have been changed, it should be revoked and replaced with a new one instead of repeated changes, so it needs to be regulated in Law No. 12 of 2011 concerning the Establishment of Legislation.]]>
<![CDATA[DEVELOPMENT OF LAW IN THE PERSPECTIVE OF SOCIAL ORDER THROUGH PREEMTIF AND PREVENTIVE POLICY BASED ON LAW NO. 2 OF 2002 CONCERNING THE POLICE OF THE REPUBLIC OF INDONESIA ]]>
<![CDATA[Surya Nita]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12251
<![CDATA[The development of law in Indonesia is marked by the development of society in social order which affects the legal system regarding awareness in applying the law through preemptive and preventive policies based on Law no. 2 of 2002 concerning the Indonesian National Police . That law enforcement is the duty and function of the Police that must be carried out in the Police. The meaning in the legal system consists of the formation of the rule of law, law enforcement by law enforcement officials, and legal awareness of the community in compliance and obedience as a legal community in maintaining social order. The research method used is normative juridical by analyzing the rule of law through the formation of law in Indonesia based on Law no. 15 of 2019 concerning Amendments to Law No. 12 of 2011 concerning the Establishment of Legislation; and Law no. 2 of 2002 concerning the Indonesian National Police .]]>
<![CDATA[JURIDICAL ANALYSIS OF SHARE OWNERSHIP OF UNDERAGE CHILD IN THE BANKRUPTCY OF THEIR PARENTS AS A GUARDIAN IN PT. ARGA DUMILAH ]]>
<![CDATA[Rina Alamanda Nasution]]>;
<![CDATA[Sunarmi Sunarmi]]>;
<![CDATA[T. Keizerina Devi Azwar]]>;
<![CDATA[Detania Sukarja]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12248
<![CDATA[Juridically, Parents represent Minors to carry out all legal actions both inside and outside the court. One of them is that parents are obliged and responsible for the management of their children's assets, both for the ownership of these assets and for all the results of the goods that they are allowed to enjoy . Parents are not allowed to transfer their rights or pledge their children's property except for the interests of the child. Ownership of shares in the name of Minors is a form of investment as capital in a limited liability company and ownership rights to shares are obtained by inheritance. This research uses a normative juridical legal research method with a descriptive qualitative research model, and prioritizes the main data in the form of primary, secondary and tertiary legal materials. This study refers to legal theories, legal norms, legal principles and legal theories contained in legislation and court decisions.]]>
<![CDATA[THE DYNAMICS OF THE CONSTITUTIONAL COURT'S DECISIONS ON THE AUTHORITY OF THE JUDICIAL COMMISSION IN PERFORMING SUPERVISION OF THE SUPREME JUDGES ]]>
<![CDATA[Fauzi Iswahyudi]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12224
<![CDATA[The concept of the principle of checks and balances in the principle of state institutions is essentially carried out by equal state institutions, but the practice is very far from what it should be, even after the Constitutional Court Decision Number 005/PPU-IV/2006 which limits the Judicial Commission's supervision of Supreme Court justices, but until now KY as a temporary commission and institution still supervises the Supreme Court justices, even though the Court through its decision has explicitly stated that KY is not an actor of judicial power and also only as a supporting organ should not interfere with the Supreme Court's judicial authority, but in fact it is the Supreme Court judge who gave the acquittal in 2019 still reported to KY so that the authority contradicts the Constitutional Court Decision Number 005/PPU-IV/2006 which has been limited by the Constitutional Court whose decision is final and binding. The research method used is the normative legal research method. The results of the study show that the Constitutional Court which has interpreted the constitution related to the Judicial Commission has clearly provided legal findings regarding the principle of state institutions that supporting organs such as the Judicial Commission cannot supervise Supreme Court justices.]]>
<![CDATA[OPTIMIZING PANGLIMA LAOT IN MARITIME DISPUTE RESOLUTION IN LHOKSEUMAWE CITY ]]>
<![CDATA[Budi Bahreisy]]>;
<![CDATA[Hidayat Hidayat]]>;
<![CDATA[Ferdy Saputra]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12222
<![CDATA[The existence of Panglima Laot in Aceh apart from being a social leader of the customary community legal alliance, is also an Alternative Dispute Resolution (APS) institution. The juridical basis of its position is contained in Law No. 11 of 2006 concerning the Government of Aceh, its implementing regulations are in the form of Aceh Qanuns such as Aceh Qanun No. 9 of 2008 concerning the Guidance of Customary Life and Customs, and Aceh Qanun No. 10 of 2008 concerning Customary Institutions . Based on the description on the background above, in this legal research it can be formulated how the position of Panglima Laot as a marine dispute resolution institution in the legal system in Indonesia and whether Panglima Laot is optimal as an institution in maritime dispute resolution in Lhokseumawe City . This research is an empirical legal research with a qualitative approach that uses primary data and secondary data. In obtaining primary data, respondents and informants were determined. The new positive law will have an effective force if it contains, or is in harmony with the laws that live in society. The focal point of legal development is not in laws, judge decisions, or legal science, but in society itself.]]>
<![CDATA[PRESIDENTIAL SYSTEM POST CONSOLIDATION ELECTION 2019: MEASUREMENT OF THE THRESHOLD STRENGTH OF PRESIDENTIAL CANDIDATES ]]>
<![CDATA[Mhd Ansor Lubis]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12263
<![CDATA[The implementation of the General Election for President and Vice President in its development has not been able to become a means of transforming social change in the desired direction and does not significantly prove the influence of simultaneous elections on governance in the President's power. The Nomination Threshold in the Design of the Election Law actually creates a coalition of parties that has the potential to damage a healthy and accountable political system, namely the gathering of parties in one support for a presidential candidate which is then not matched by the existence of an opposition within the Check and Balance framework. The research method used in this paper is a normative juridical research method. Normative research with a statutory approach and a conceptual approach. The results of the study obtained include, strengthening the presidential system through the presidential candidate threshold after the election consolidation is less effective and tends to eliminate the rights of citizens to be able to vote, nominate themselves and nominate candidates.]]>
<![CDATA[LEGAL PROTECTION AGAINST VICTIMS OF BULLYING IN THE COMMUNITY OF DENAI LAMA VILLAGE ]]>
<![CDATA[Harlan Perdana Pasaribu]]>;
<![CDATA[Padian Adi Salamat Siregar]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12219
<![CDATA[Bullying is not a new crime in society, Bullying cannot be underestimated considering the most dangerous impact of Bullying, which can cause a person to have a desire to commit suicide. Therefore, the protection provided by law is needed so that the crime of bullying in the community can be reduced. Most of the bullying behavior is now carried out by small children, as I found at the KKN location at this time the victim was getting bullied from his peers, when I did the counseling, the victim had told me that he had often received bullying behavior ( bullying), for example the victim told me that the victim received a blow to the head. And the victim said that the perpetrator also bullied again during the ceremony, the victim experienced vomiting due to encouragement from the perpetrator for the victim during the August 17, 2022 Ceremony at school. The method used in this paper is normative legal research. With me conducting counseling about bullying material, it is hoped that in the future it will greatly help the surrounding environment so that there are fewer bullies like what is happening at this location.]]>
<![CDATA[ACTUALIZATION OF PANCASILA AS A LEGAL SOURCE IN THE ESTABLISHMENT OF LEGISLATION REGULATIONS IN INDONESIA ]]>
<![CDATA[Afifa Rangkuti]]>;
<![CDATA[Saiful Amri]]>
<![CDATA[ NOMOI Law Review Vol 3, No 2 (2022): November Edition ]]>
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DOI: 10.30596/nomoi.v3i2.12223
<![CDATA[The discussion of the issue of the actualization of Pancasila in the formation of laws is important because it is related to the position of Pancasila itself. For the Indonesian nation and state, Pancasila is the ideology and basis of the state. Ideology is a framework of ideals that contains the vision and mission of the state, which gives orientation to which direction the struggle and development should be directed, while the state basis is a juridical framework for the implementation of the state administration system for the survival of the nation and state. The method used in this paper is normative legal research. In the development of national law, there are still laws that are not in accordance with the values of Pancasila. This can be read, for example, from the evaluation of the National Legal Development Agency (BPHN), which in 2019 found that four of the nine laws evaluated were found to be problematic. The ten results of a study by the Pancasila Ideology Development Agency (BPIP) in 2019 also concluded that 63 of the 84 laws needed to be revised because they conflicted with Pancasila values. Based on the Law for the Establishment of Legislation, the guidelines for actualizing the values of Pancasila in the laws and regulations that are formed are contained in at least five parts.]]>
