Omnibus Law Journal
Omnibus Law Journal (OLJ) is an accessible and openly processed legal journal affiliated with the Faculty of Law, Universitas Muhammadiyah Palu, published by Faculty Of Law Universitas Muhammadiyah Palu, The journal aims to become a medium for legal scholars and practitioners to contribute their ideas resulting from legal research and conceptual articles for public dissemination to develop Indonesian law. This journal is published with full articles in the current issue, twice a year, in June and December. We appreciate the novelty and findings of the authors. This journal publishes every article that has gone through the entire process and publication package. The scope of the article starts from legal issues in the fields of constitutional law, administrative law, criminal law, civil law, international law, comparative law, and jurisprudence. This journal accepts articles in English language according to the template provided.
Articles
15 Documents
<![CDATA[IMPLEMENTATION OF PROFIT SHARING AGREEMENT FOR INLAND FISHERY PRODUCT BETWEEN PONDS OWNERS AND CULTIVATORS ]]>
<![CDATA[Irmawati Ambo]]>;
<![CDATA[Andi Purnawati]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[South Banawa District is one of the sub-districts in the Donggala Regency which has aquaculture land, although only a small part of the land is technically managed but has produced thousands of tons of shrimp and milkfish every year, this can happen because South Banawa District is a an area that has an area consisting of mountains, rice fields, aquaculture and the sea. The occurrence of an agreement for land fishery products sharing, in Banawa District, because on the one hand the pond owners do not have time to manage their ponds, there are even pond owners who do not have expertise in the field of ponds and on the other hand there are cultivators who do not have ponds, but they have expertise in that field. This is indeed quite reasonable, because it has become an undeniable reality that not all cultivators have land to manage in order to meet the needs of living with their families. In fact, many of the farmers had no land or ponds to cultivate at all. Considering that the fisheries business is complex, the overall regulatory effort will have a positive impact on the development of the fishery business itself.]]>
<![CDATA[DISPUTE RESOLUTION OF DESTROYED MORTGAGE GUARANTEE (Case Study of Petobo Village, South Palu District, Palu City) ]]>
<![CDATA[Maisa Maisa]]>;
<![CDATA[Haerani Husaniy]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[This study aims to determine the legal status of the destroyed mortgage object and to determine the dispute over the destroyed mortgage object. The research method used in this paper is the empirical normative method and qualitative data analysis. The results of this study are when a liquefaction disaster causes the object of the mortgage to be destroyed, the debtor's responsibility ends when the object of the mortgage is destroyed as regulated in Law Number 5 of 1960 article 27 b, the Mortgage Law, the abolition of property rights if the land is destroyed. and Creditors in handling or providing solutions to disputes over the destruction of the object of mortgage guarantee, namely the granting of relaxation or delay by the State Savings Bank. Suggestion, It is better for the government as soon as possible to make a policy for the sake of legal stability again in order to create legal certainty related to the dispute. And the creditor should make a rule which relates to the settlement of disputes over collateral objects that were destroyed due to liquefaction after the previous relaxation policy so that in the future this can be a guide or reference by the parties concerned easily without any hesitation with the existence of legal certainty.]]>
<![CDATA[LEGAL POLICY OF GIVING MEDICINE FOR HEALTHCARE INSURANCE RECIPIENTS IN JUSTICE-BASED HOSPITALS: Legal Policy, Giving Medicine, Justice-Based PBI. ]]>
<![CDATA[Muhamad Rizki Syafaat]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[Legal policies that prioritize the values of justice will bring prosperity. In health services, the values of justice should also be applied, especially for those who are the healthcare insurance recipients. There is no longer any neglect service of providing medicines for patients, especially patients who receive healthcare insurance at the hospital, therefore it is necessary to apply more supervision to health workers. So that in the future all problems related to medicine delivery services for healthcare insurance recipients at hospitals can be carried out properly and without discrimination. When talking about legal policies in health services, the regulations that have been made should lead to how the community, especially the poor and the underprivileged, in this case, is the healthcare insurance recipients (PBI) must get services that are fair and without any discrimination. And to avoid losses that will have an impact on both parties, both the hospital as the provider of health services and the patient as the recipient of health services, so that there is no civil lawsuit.]]>
<![CDATA[THE EFFECT OF FOREIGN AND DOMESTIC INVESTMENTS ON THE EMPLOYMENT AVAILABILITY IN INDONESIA ]]>
<![CDATA[Steven Steven]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[Investment in developed countries is one of the things that is taken into account for the economic development of the country. Therefore, the state/government has a reason to regulate the dynamics of investment. The presence of investors in Indonesia is one of the important factors in the development of the national economy, it has been proven that many industries and companies have used this institution as a medium to absorb investment and the media to strengthen their financial position. Investment itself is all forms of investment activities, both by domestic investors and foreign investors or better known as PMA. The activity itself uses funds originating from these investors into economic activities. In Law Number 25 of 2007 concerning Investments The existence of investors in Indonesia is one of the important factors in the development of the national economy, it has been proven that many industries and companies have used this institution as a medium to absorb investment and the media to strengthen their financial position. If these companies can expand, the availability of job opportunities will be even wider. Given, these companies will certainly get enough capital to buy supporting production activities. Not only that, these companies will certainly need workers because the scale of production activities is getting bigger. Therefore, this paper intends to identify the effect of the capital market on job availability in Indonesia. Keywords: foreign, domestic, investment, employment]]>
<![CDATA[APPLYING THE PRESUMPTION OF INNOCENCE PRINCIPLE AGAINST SHOOTING ON-SIGHT BY THE POLICE IN POSO REGENCY ]]>
<![CDATA[Kaharuddin Syah]]>;
<![CDATA[Samsuria Samsuria]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[The Presumption of innocent principle is one of the principles regulated in criminal procedural law which in general explanation number 3 letter c the Presumption of innocent principle in its implementation is often clashed with a policy of shooting on sight as happened in the case of shooting at the victim's place named Qidam Alfariski Mofance, a resident of the village, Tambarana, Poso Regency, Central Sulawesi Province. The problem that will be discussed in this paper is how to apply this principle to the act of shooting on sight by the Police in the perspective of law enforcement and accountability. The method in this research is empirical normative juridical. Sources and types of data used are primary, secondary and tertiary data. Based on the results of the author's research, it can be seen that the application of the Persumption of innocence principleagainst the shooting on sight to Qidam Alfariski Mofance is an act of violation of law and human rights if the intent of the crime is not known]]>
<![CDATA[COPYRIGHT PROTECTION OF SONG WORKS DIGITALIZED THROUGH THE INTERNET ]]>
<![CDATA[Budimah Budimah]]>;
<![CDATA[Moh Nafri]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[The purpose of this research is to find out and analyze the application of copyright protection to songs that are digitized based on Law Number 28 of 2014 concerning Copyrights. The research method uses normative legal research that uses primary and secondary legal materials. The processing of legal materials is basically a series of activities to systematize or classify written legal materials to facilitate the analysis of primary legal materials. The results of the study found that technology protection for digital creations is an important thing, as an effort to protect digital creations from acts of copyright infringement. Copyright is a part of intellectual property rights. The concept of copyright protection itself concerns: in the form of what objects are protected, how the protection occurs, and the extent to which the protection is given. Suggestions for research The government should conduct socialization, by inculcating habits to the wider community to understand the existing norms. The socialization is nothing but to raise public awareness that uploading a file that is at work on the internet without permission is not justified and violates the law.]]>
<![CDATA[THA DEVELOPMENT OF AGRARIAN LAW ]]>
<![CDATA[maisa maisa]]>;
<![CDATA[Haerani Husainy]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[In Indonesia, agrarian law gets a place of attention for all circles, this is because of various kinds of problems that are directly related to the location of the Indonesian state which is an agrarian country. So that the eyes of the world are fixed on how to take part in the benefits of natural resources owned by Indonesia. So it is necessary to strengthen laws that are directly related to agrarian in Indonesia, the development of agrarian law is undeniable that the progress of the times has changed the pattern of handling conflicts that often occur which involve the community as the aggrieved party. Therefore, the development of agrarian law needs to be a concern, especially the government to be able to provide legal certainty and it is also hoped that there will be a concept based on social justice in handling agrarian affairs in Indonesia. This research was conducted using a normative juridical approach that focuses on the study of literature and legislation related to the development of agrarian law in realizing justice in the agrarian sector in Indonesia.]]>
<![CDATA[PREVENTION OF CRIMINAL ACTS OF SEXUAL VIOLENCE AGAINST CHILDREN ]]>
<![CDATA[Samsuria Samsuria]]>;
<![CDATA[Andi Purnawati]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[In handling criminal acts of violence against minors, nowadays it still really needs special attention, considering that along with the progress of the times and various forms of sexual violence against minors that involve not only distant people but also in the scope of law enforcement is still very minimal. So far, the handling process is more about punishment for perpetrators of sexual violence, but also forgetting how the impact on victims, in this case children, is psychologically dependent. And also preventive measures that must be applied in social life in the community, many parties must be directly involved, not only the responsibility of the environment, the government, more specifically the role of parents and the family environment that. The method used in this research is a normative juridical approach, namely by conducting research based on legal / reference materials by examining theories and concepts from these legal materials, which relate to the legal principles of legislation. -Invitations related to this writing/research.]]>
<![CDATA[SAILING APPROVAL LETTER FOR COMMERCIAL SHIP ]]>
<![CDATA[Agus Majid]]>;
<![CDATA[Osgar S Matompo]]>;
<![CDATA[Muliadi Muliadi]]>;
<![CDATA[Ghazali Abdullah]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[The method used in writing this thesis is to use a normative juridical research approach. This study aims: (1).To find out the Legal Arrangements Regarding Sailing Approval Letters for Commercial Ships (2) To find out the Legal Implications for Commercial Ships that are Not Seaworthy but Have Sailing Approval Letters. The results of this study are (1). Issuance of Sailing Approval Letter is regulated in Article 219 of Law Number 17 of 2008 concerning Shipping and is followed up by Government Regulation Number 82 of 2014 concerning Procedures for the issuance of Sailing Approval Letter. In this provision, ships carrying out voyages, including commercial ships, are required to have a Sailing Approval Letter issued by the harbormaster with the stipulation that the ship is seaworthy in practice. Most of the commercial ships that occur at sea are caused because the ship is sailing in a state that is not seaworthy and the implications of the ship accident are the porter who is affected, is considered negligent, must also be responsible for his policy of issuing a Sailing Approval Letter (SPB).]]>
<![CDATA[PROS AND CONS OF THE DEATH CRIME IN INDONESIA ]]>
<![CDATA[Muhammad Akbar]]>;
<![CDATA[Abdullah Abdullah]]>
<![CDATA[ Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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<![CDATA[This paper deals with capital punishment imposed on certain crimes. This punishment is governed in the Indonesian Penal Code and other regulations which haver been still in use in Indonesian. Of these regulations is Code No. 26/2000 on Human Rights Court. If Indonesia still imposes death punishment to those commiting certain crimes, it should amend Article 28/A in order that it does not contradict with the Basic Coder of 1945.]]>
