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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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JURIDICAL ANALYSIS IN REVERSE PROOF OF GRATUITIES CASE ACCORDING TO LAW NO. 20 OF 2001 ABOUT CRIMINAL ACTS OF CORRUPTION (Verdict Study No. 86/Pid.sus-TPK/2019/PN MDN) Gelmok Samosir
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9394

Abstract

The Legal Regulation on Gratification in Law No. 20 of 2001 on Combating Criminal Acts of Corruption is Article 12 B paragraph 1, namely for recipients of gratuities worth Rp 10,000,000 that the burden of proof on the recipient, while more than Rp 10,000,000 the burden of reversal of proof to the Public Prosecutor. The application of Reverse Proof on The Handling of Gratuity Cases 86/Pid.sus-TPK/2019/PN MDN is money amounting to Rp 530,000,000 given to Dzulmi Eldin as Mayor of Medan and the use of money needed operational funds of the Mayor of Medan is used for the purposes of Dzulmi Eldin as Mayor of Medan. The judge in handing down the verdict of Article 5 paragraph 1 of Law No. 31 of 2001 juncto Article 64 paragraph 1 of the Criminal Code is for 2 years and a fine of Rp 200,000,000 with the provision that if the fine is not paid it is replaced with a criminal cage for 4 months. Constraints in the Application of Reverse Proof in The Case of Gratification 86/Pid.sus-TPK/2019/PN MDN do not apply the reverse proof system.Keywords: Reverse Proof, Gratification, Criminal Acts of Corruption
THE LEGAL CONSEQUENCES TOWARD THE DIFFERENCES OF MINUTES OF DEED AND DEED COPIES ISSUED BY THE NOTARY (VERDICT STUDY NUMBER 1/ PDT.G/2020/PN.SNT) Ana Romasi Sigiro
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9367

Abstract

The Republic of Indonesia as a legal state based on Pancasila and the 1945 Constitution of the Republic of Indonesia guarantees certainty, order, and legal protection which are based on truth and justice; to ensure certainty, order, and legal protection. So that it takes written evidence that is authentic about the circumstances, events, or legal actions held through a certain position. As a public official who is authorized to make an authentic deed, a notary must be able to provide legal certainty to the society that uses the services of a notary. The authority of a notary according to Law number 2 of 2014 about the position of a notary Article 15 paragraph1 is to make an authentic deed regarding all acts, agreements and provision required by laws and regulations and desired by the interested parties, to be stated in an authentic deed, guaranteeing the certainty of the deed making date, keeping deeds, providing Grosse, deed copies and quotations, all as long as the making of the deed is not assigned or excluded to officials or other people stipulated by law. Not only authority that must be considered by the notary in carrying out his duties and positions, but there is one of the obligations of the notary as state in article 16 paragraph 1 letter d of the Notary Position Act that the notary is obliged to issue Grosse Deed, Deed copies or quotation based on minutes of deed.Keywords: Notary, Minutes of deed, Deed copies.
THE EXISTENCE OF CIRCULAR LETTER IN INDONESIA STATE LAW STUDY ON CIRCULAR LETTER NUMBER: 21 /SE/SATGAS/2021 CONCERNING GUIDELINES FOR IMPLEMENTATION OF COMMUNITY ACTIVITIES RESTRICTIONS (PPKM) LEVEL 2 IN PEKANBARU CITY M. Alpi Syahrin
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9396

Abstract

The existence of circulars in the Indonesian legal state is part of the policy regulations as further elaboration, both technically and administratively. The presence of Circular Number: 21 /SE/SATGAS/2021 concerning Guidelines for the Implementation of Level 2 Community Activity Restrictions (PPKM) in Pekanbaru City is a form of: Implementing the Instruction of the Minister of Home Affairs Number 44 of 2021 and Instruction of the Governor of Riau Number 198/INS/HK /2021 and the form of a pandemic emergency condition to limit the massive spread aimed at the Head of Pekanbaru City Government/Private /BUMN/BUMD Institutions, Heads of Regional Apparatuses in the Pekanbaru City Environment, Heads of Private Offices/Associations/Entrepreneurs, Heads of Sub-City Heads/Lurah Pekanbaru and Pekanbaru City Community.Keywords: Government, Policy Regulation, Circular
THE APPLICATION OF RESTORATIVE JUSTICE THROUGH CUSTOMARY INSTITUTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW IN LHOKSEUMAWE CITY Budi Bahreisy
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9385

Abstract

The birth of Law No. 11 of 2012 concerning the Criminal Justice System of Children provides strengthening related to the protection of children in Indonesia. This law is what introduces the concept of diversion which aims to provide protection to children who are in conflict with the law, children who are victims of criminal acts, and society in general as a form of transferring the settlement of children's cases from judicial process to proceedings outside criminal justice in order to realize restorative justice.Based onthis background, the formulation of the problem from this study is whether the factors that cause children to conflict with the law in Lhokseumawe City and how the role of indigenous institutions in the Application of Restorative Justice Against Children In Conflict With The Law in Lhokseumawe City. The theory used in this study uses the theory of relative (deterrence), this theory views the prosecution not as retaliation for the perpetrator's mistakes, but as a means of achieving a useful goal to protect society towards prosperity. From this theory emerged the purpose of application as a means of prevention. And the method used is an empirical research method with qualitative shortness. The purpose of this study is to provide knowledge and understanding about the factors that cause children to conflict with the law in Lhokseumawe City and to provide knowledge about the role of indigenous institutions in the Application of Restorative Justice Against Children In Conflict With Law in Lhokseumawe City.Keywords: Restorative Justice, Indigenous Institutions, Children In Conflict With The Law.
MINORITY SHAREHOLDERS' LEGAL COVER ON CLOSED COMPANY MERGERS Marlina E. Pakpahan
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9408

Abstract

Minority shareholders is one of the stakeholders along with other stakeholders and minority shareholders are also the parties reply carries the coffers for the company. This is what interests should be protected by law. The methods used in this study is a research method, a normative legal method by means of data collection based on the study of librarianship (library search) that is by way of secondary data in the form of researching materials such as primary law scientific books, legislation, and the data that is retrieved by accessing the internet related to this research. The results from this research that the appraisal of the implementation of rights is one's "privileges" given by the law on merger transactions. Another privileges is the application of the principle of "super majority". Appraisal rights necessary in order to protect the minority shareholder,s given when they don't agree with the merger but his voice is insufficient to inhibit implementation of the merger, then the merger still held, and shareholders the minority's "forced" to accept the merger. Keywords : Legal protection, a minority stake, the merger
IMPRISONMENT FOR DOMESTIC VIOLENCE OFFENDERS WHO HAVE MEDIATED Review of Simalungun District Court Decision No. 19/PID. SUS/2019/PN Sim Fitriani Fitriani
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9386

Abstract

Law No. 23 of 2004 on the Elimination of Domestic Violence provides a strong legal foundation that becomes domestic violence which was originally a domestic business into state affairs. For this reason, the thought arises of using penal mediation by seeking a win-win solution so that prison sentences must be avoided to the perpetrator so that the purpose of Article 4 letter d is achieved. Based on this can be formulated the problem in this paper is: what is the basis of the judge's consideration to impose a prison sentence on domestic violence offenders who have mediated in Decision No. 19 / PID. SUS/2019/PN Sim? The research methods used in this writing are normative juridical research methods or literature research methods. The results of the study showed that the imprisonment for 22 days to the perpetrator was very inappropriate, the opportunity to reconcile the domestic violence case in the District Court was open. Kuhap has provided an opportunity for judges to resuscitate offenders from prison. There are two provisions in the Kuhap that can be used as a legal basis for the implementation of penal mendiasi, namely Article 14A and Article 14 C, By using Article 14A, judges can prevent domestic offenders from prison sanctions by only giving a suspended sentence under one year until it does not need to be lived. And Article 14C to require perpetrators to cure violent behavior by undergoing counseling.Keywords: Prison, Offender, Domestic Violence, Mediation
CONSTRUCTION OF THE ELECTION SUPERVISORY AGENCY AS AN EFFECTIVE ELECTION LAW ENFORCEMENT AGENCY Zainuddin Zainuddin
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9437

Abstract

Law enforcerment agency in election law is always problematics all the time. The urgency to expand Bawaslu's authority in conducting supervision of elections should not only be limited to administrative matters, but needs to be considered in the process of enforcing election law, limiting the time to 7 days in reporting and 14 days in handling post-indications of fraud that occurs in the election process becomes obstacles and obstacles. The method used in this paper is normative juridical legal research. The result are Bawaslu is not only as a maker of reports and recommendations to institutions that are authorized to handle criminal and administrative violations, and not as an institution that actually has a special authority that is in the realm of election law enforcement. Thus, Bawaslu is very urgent to transform so that his authority is strengthened in the process of enforcing electoral law for criminal and administrative violations.Keywords: Law Enforcement, Election, Agency.
THE RIGHT TO VOTE FOR PEOPLE WITH MENTAL / MEMORY DISORDERS IN LAW NO. 07 OF 2017 ON ELECTIONS (Study of Fiqh Siyasah Analysis) Putri Eka Ramadhani Batubara
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9366

Abstract

The subject matter discussed is how the right to vote for people with mental / memory disorders in Law No. 07 of 2017 on General Elections and fiqh Siyasah's analysis of the law. The type of research method used is a method of literature research that is normative juridical, with a statute approach (statute approach) that is to examine all laws related to the subject that aims to see consistency and perness between one regulation with another. From the results of this study it can be concluded that Law No. 07 of 2017 on General Elections has differences regarding voting rights for people who are mentally disturbed / memory of the Constitutional Court Decision No. 135 / PUU / -XIII / 2015. This is because the general election law does not limit the right to vote for people who are disturbed by the soul / memory so that they experience legal vacancies and legal uncertainties that cause multi-interpretation of the law, while the Constitutional Court Decision No. 135 / PUU / -XIII / 2015 clearly and unequivocally ruled that people with mental disorders / memories cannot vote in general elections. and technically it is proven through the certificate of a health expert.Keywords: Consistency, Right, Vote, Siyasah.
ENFORCEMENT OF CRIMINAL LAW AGAINST ACTS OF DESTRUCTION AND BEGGARS IN THE CITY OF MEDAN Andika Cahaya Putro
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.9387

Abstract

The existence of homeless people and beggars has become a part of life in big cities in Indonesia, especially in the city of Medan. Homeless and beggars are often seen on the side of the road to beg in public, it has become an option for them for people who cannot compete in the midst of public life for certain reasons. The nature of the research material used in completing this research is descriptive analysis that leads to normative juridical law research or doctrinal legal research, namely a research conducted or aimed only at written regulations or other legal materials. And the factors behind vagabonds and beggars in public places are; Migrating with desperate capital, lazy to try, physically disabled, lack of job opportunities, and others. The implementation of law enforcement can be carried out if it is indicated to have committed a criminal act, this is in accordance with Article 10 of the Regulation of the Head of the State Police of the Republic of Indonesia Number 14 of 2017 concerning Handling Homeless and Beggars. And if there are no elements of a criminal act, the Social Service will provide guidanceKeywords: Poverty, Homeless, Law Enforcement.
THE ROLE AND EFFECTIVENESS OF THE NATIONAL LEGAL DOCUMENTATION AND INFORMATION NETWORK AS A FORM OF PUBLIC SERVICE TO OBTAIN LEGAL Vera Rimbawani Sushanty
NOMOI Law Review Vol 3, No 1 (2022): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i1.8808

Abstract

The provision of a National Law Database containing various integrated legal information is very important to realize the development of national law through the Law Reform Agenda Volume II. Legal information that is integrated, easy to access quickly and easily is very important as a raw material for legal development. The development of national law cannot be separated from the National Legal Documentation and Information (JDIHN) because the main purpose of its formation is to support and accelerate the development of national law. The purpose and usefulness of this paper is to determine the role and effectiveness of JDHIN as a form of public service to obtain legal information. The method used is descriptive analytical research. The discussion contains about JDHIN as a form of public service and the effectiveness of JDHIN to obtain legal information. The conclusion that can be drawn from this paper is that JDHIN is still ineffective because there are several inhibiting factors. Suggestions that the author can give include the need for new regulations for the management of the Legal Documentation and Information Network, policies and support from agency leaders in developing the Documentation Network, guidance for district/city JDIH members, the need for additional technical guidance training for members so that they can manage and understand the importance of the Legal Documentation and Information Network, the need for additional managers who manage the Legal Documentation and Information Network in accordance with their fields and additional budgets.

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