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Trunojoyo Law Review

trunojoyo-law-review
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Published by Universitas Trunojoyo Madura

ISSN : 26861496 EISSN : 27152081 DOI : https://doi.org/10.21107/trl

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices relating to the full range of engaged activity. This journal is a peer-reviewed online journal dedicated to the publication of high-quality research focused on research, implementation. The mission of Trunojoyo Law Reveiw is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of social science and humanities. This includes highlighting innovative endeavors; critically examining emerging issues, trends, challenges, and opportunities and reporting on studies of impact in the areas of law and justice. We proudly announce that Trunojoyo Law Reveiw has indexed by Google Scholar, Portal Garuda, Dimensions, etc

Arjuna Subject : Ilmu Sosial - Hukum

Articles 37 Documents

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The Model Of Legal Protection For Products Of Genetic Engineering In Agricultural Technology Dyah Ochtorina Susanti; A’an Efendi; Nuzulia Kumala Sari
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : University of Trunojoyo Madura

This research is aimed to find a new model of legal protection for the product of genetic engineering in the field of agricultural biotechnology. The concept of legal protection as coined by Philipus M. Hadjon is limited to administrative law in the relationship between the people and the government, not applicable to all fields of law. The legal protection for genetic engineering in the field of agricultural biotechnology is covered in laws and their derivative regulations as it evidently provides forum of compensation for the infringement of intellectual property resulted in genetic engineering in agricultural biotechnology. The contract becomes a special instrument of legal protection between owners of intellectual property in the field of agricultural biotechnology dealing with civil laws.

PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND AGAINST THE CONVERSION OF AGRICULTURAL LAND TO NON-AGRICULTURAL (STUDY IN BANGKALAN) Yunita Fenditia Astiti; Riesta Yogahastama
TRUNOJOYO LAW REVIEW Vol 4, No 1 (2022): Februari
Publisher : University of Trunojoyo Madura

Protection of Sustainable Food Agricultural Land which is then stated in Regional Regulation No. 05 of 2013 is one of the policies of the Bangkalan Regional Government to reduce the rate of conversion of agricultural land to non-agricultural. The policy is indicated to be ineffective in its implementation in the community because the substance, structure, and culture of the community do not support the existence of the policy. This type of research is empirical research or commonly called field research that can uncover facts in the field. The type of research used is sociological juridical that can observe the reactions and interactions that occur when a norm does not work properly. The approach method used is the fact approach and the legislation approach. Data types and sources use primary data and secondary data, data collection methods use interviews with several communities and related agencies. Then it is analyzed using a descriptive-qualitative method. The results of the research in the application of the Bangkalan Regional Regulation will be tested for its effectiveness in the community when viewed from the civil law aspect which tends to be very lacking to be applied which has an impact on there are still communities transferring their land for personal interests due to the lack of incentives provided by local governments.

THE ARRANGEMENT OF CHILD PROTECTION INSTITUTIONS IN INDONESIA BASED ON THE 1945 INDONESIAN CONSTITUTION Encik Muhammad Fauzan; Ariyanti Arifta
TRUNOJOYO LAW REVIEW Vol 2, No 1 (2020): February
Publisher : University of Trunojoyo Madura

Children have constitutional rights as stipulated in the 1945 Indonesian Constitution. The implementation of children's rights requires the formation of institutions that protect children's rights in accordance with the 1945 Indonesian Constitution and how the existence of child protection institutions that have been in Indonesia today. The research aims to provide the basis for the establishment of child protection institutions and the arrangement of child protection institutions in Indonesia. This research method uses normative research with a statute approach. The results of this study indicate that the implementation of child protection requires special institutions. The existence of two child protection institutions, namely The Indonesian Children Protection Commission (ICPC) and a National Commission for Children Protection (NCCP), require institutional arrangements so that authority does not overlap.

GOVERNMENT'S NEW POLICY ON THE ARRANGEMENTS OF PARTICIPATING INTEREST Indra Yulianingsih; M. Ridwan Yusuf Algasahri
TRUNOJOYO LAW REVIEW Vol 2, No 2 (2020): Agustus
Publisher : University of Trunojoyo Madura

The Oil and Gas Ministerial Regulation Number 37 of 2016 concerning Provisions for a 10% (ten percent) "Participating Interest" offer in the Oil and Gas Working Area has the aim of increasing the participation of district local governments through ownership of "participating interest". For this reason, this research is needed on the arrangement of "Participating Interest" in the management of Oil and Gas in Indonesia, constraints on implementing "Participating Interest" in the management of Oil and Gas in Sampang Regency and new policies to resolve problems regarding "Participating Interest".The research method used is Applied Legal Research, using statute, case approach, and a conceptual approach. The result of this research is that the implementation of the Regulation of the Minister of Energy and Mineral Resources regarding the distribution of the 10% profit sharing in Sampang Regency has not been implemented. Therefore, a review of the ESDM Ministerial Regulation must be conducted regarding the provision of PI through BUMD and the participation of the private sector

Investor Protection Through Exchange Transaction Settlement Guarantee And Investor Protection Fund Lastuti Abubakar; Tri Handayani
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : University of Trunojoyo Madura

Certainty and investors legal protection is the key to the success of capital market as financing and investment alternatives. To fulfill the international standards, Indonesia capital market regulation regulates the status of Clearing and Underwriter Institutions organized by Indonesian Clearing and Guarantee Corporation (KPEI) and serves to guarantee transactions settlement in Exchange as well as managing the Guarantee Fund. Other investor protection organized by the Indonesia Securities Investor Protection Fund (SIPF) formed to protect the assets of investors who lost and manage the Investor Protection Fund. This study aims to examine the position of KPEI as guaranteeing institution for the settlement of Exchange transactions to prevent settlement failures that can have systemic impacts, including how to optimize the management of Guarantee Funds. In addition, it was also examined how Indonesia SIPF could manage the Investor Protection Fund optimally in order to provide maximum protection. The method used is normative juridical with descriptive analytical research specifications. Data analysis used is qualitative juridical. Based on the results, KPEI is financial market infrastructure to prevent failure of potentially systemic transactions. Therefore, KPEI can be included as systemic financial institution. Either management of the Guarantee Fund by KPEI or Investor Protection Fund management by SIPF can use the trust concept to be able to increase the Guarantee Fund and Investor Protection Fund so that the guarantee of Exchange transaction settlement and investor protection is more certain and optimal.

A NORMATIVE REVIEW OF THE SIMULTANEOUS GENERAL ELECTION AND REGIONAL HEAD ELECTION DELAY Ansori Ansori; Agung Ali Fahmi; Mukhlish Mukhlish
TRUNOJOYO LAW REVIEW Vol 4, No 1 (2022): Februari
Publisher : University of Trunojoyo Madura

A government system based on people's sovereignty can be called a democratic government system. Democracy itself is realized by a government based on representatives of the people who are democratically elected by means of general elections. General elections or elections are a logical consequence of a country that adheres to a democratic system, and democracy is a safe way to maintain control over the rule of law. article 3 of Law NO. 7 of 2017 concerning ELECTIONS states that ELECTIONS must be held based on the principles of being effective and efficient. Therefore, the separation of national elections and local elections is to represent the existence of this article. Simultaneous elections to be held in 2024, namely elections on a national and local scale, will bring various negative impacts. If the 2022 and 2023 Regional head elections are postponed and held in 2024, the Jakarta-centric issue is very dominant and local issues or agendas are sidelined. Meanwhile, the regulation related to the postponement of the Regional head election is contained in Article 201 paragraph (9), (10), and (11) of Law no. 1 of 2015 concerning Stipulation of Government Regulation into Law no. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law.

CIGARETTE COMPANY'S RESPONSIBILITY FOR CONSUMER HEALTH LOSSES AFTER HEALTH WARNING INCLUSION Ginanjar Adi Setiawan; Uswatun Hasanah
TRUNOJOYO LAW REVIEW Vol 2, No 1 (2020): February
Publisher : University of Trunojoyo Madura

This study aims to examine whether cigarette companies can release responsibility for the health losses of smokers by including warnings on the dangers of smoking on cigarette packages and analyze how responsibility can be imposed on cigarette companies for the health losses of smokers. This research is a normative juridical study with a statute approach. The primary and secondary legal materials obtained are systematized and synchronized through deductive logic, then analysis is carried out using the interpretive method to provide answers to the proposed legal problems. The results show that cigarette business actors can release responsibility for the health losses of consumers due to smoking if the health losses are as stated in the warning of the dangers of smoking on cigarette packages. However, cigarette companies that cause consumer health losses beyond what is stated in the warning of the dangers of smoking contained in cigarette packs, can be liable based on the principle of product responsibility with a variety of the presumption of always being responsible.

THE RECOVERY OF CONSTITUTIONAL LOSSES BY THE CONSTITUTIONAL COURT Novan Mahendra Pratama
TRUNOJOYO LAW REVIEW Vol 2, No 2 (2020): Agustus
Publisher : University of Trunojoyo Madura

The Constitutional Court's decision does not necessarily lead to the restoration of constitutional rights. This will be interesting to be examined because the state, in this case represented by the Constitutional Court, can only recover the constitutional losses suffered by citizens if it issues a decision. However, there are also citizens who still feel that their losses have not been recovered by the issuance of this decision. Then how can the Constitutional Court recover such constitutional losses by still referring to the constitution and laws and regulations? This research method uses normative research methods. The results of this study indicate that the Constitutional Court decisions do not always lead to the restoration of the constitutional rights of the injured citizens. Then what are the other ways to recover the constitutional losses still experienced by citizens. This constitutional loss really needs to be restored because its existence is guaranteed in the constitution and all branches of state power are obliged to respect it by not committing violations even to the point of loss

Interpretation of Judges Toward Fasid and Batil Marriage Fitri Hidayat
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : University of Trunojoyo Madura

Legal marriage in Islam is in accordance with the pillars and conditions. The pillars and conditions are fulfilled, then a marriage is considered as legitimate. This research will look at several court stipulation and decisions relating to this matter. Stipulation of Religious Court of Bangli Number 01/Pdt.P/2011/PA.Bgl, Decision of Religious Court of Denpasar Number 50/Pdt.G/2011/PT.Dps Stipulation of Religious Court of Polewali Number 93/Pdt.P/2016/PA.Pwl, Stipulation of Religious Court of Banjarbaru Number 80/Pdt.P/2017/PA.Bjb, Stipulation of Religious Court of Banjarbaru Number 179/Pdt.P/2017/PA.Bjb, Stipulation of Religious Court of Number 182/Pdt.P/2017/PA.Bjb, Decision of Religious Court of Pekanbaru Number 0042/Pdt.G/2017/PTA.Pbr. The stipulation and decision are different in material requests and claims, but the focus is on the interpretation of judges about the legitimacy of marriage, which then discusses fasid marriage and batil marriage. A broken marriage because the pillars and conditions are not appropriate. The judge views the greatest importance, namely the interests of the child so that in his decision, even though the marriage is fasid the child remains legitimate child. According to researchers in the stipulation and decision there are marriages that should be interpreted as batil, but interpreted as fasid. The judge interprets all illegitimate marriages as fasid marriages even though they are supposed to be batil. Because what is not fulfilled is the pillar. The judge uses the views of the Hanafi madzab to interpret. The judge does this because he emphasizes the best interests of the child so that no child is considered child out of marriage. The judge only thinks about the interests of the children civil rights that are born in illegitimate marriage. The judge in deciding also put forward the sharia maqasid. Judges here use teleological interpretations as well as extensive interpretation by expanding the meaning of fasid marriage.

CONSTITUTION IN LEGAL POLITICAL PERSPECTIVE Nurus Zaman
TRUNOJOYO LAW REVIEW Vol 4, No 1 (2022): Februari
Publisher : University of Trunojoyo Madura

In this study there are 2 (two) problems studied. First, what is the form or form of legal politics in the 1945 Constitution. Second, what is the nature of legal politics in the 1945 Constitution. This research uses normative legal research. The research results obtained: First, the form or form of legal politics in the constitution as a means in order to achieve the goals of the state, namely the interests of the nation and state, the basic law of legal politics in the constitution comes from the values and character of the nation, taking into account the legal system adopted. Second, the legal politics in the 1945 Constitution is not rigid or permanent, but the nature of legal politics in the constitution is open, that is, it can adapt to the situation and conditions of its era, either through the method of interpretation or through the method of change.

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Contact Name
Indah Purbasari

Contact Email
tlr@trunojoyo.ac.id

Phone
+6282337334798

Journal Mail Official
tlr@trunojoyo.ac.id

Editorial Address
Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.

Location
Kab. pamekasan,

Jawa timur

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Indah Purbasari

Contact Email tlr@trunojoyo.ac.id

Phone +6282337334798

Journal Mail Official tlr@trunojoyo.ac.id

Editorial Address Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.

Location Kab. pamekasan, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Indah Purbasari

Contact Email
tlr@trunojoyo.ac.id

Phone
+6282337334798

Journal Mail Official
tlr@trunojoyo.ac.id

Editorial Address
Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.

Location
Kab. pamekasan,

Jawa timur

INDONESIA