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Indonesia Law Reform Journal (ILREJ)

ilrej
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Published by Universitas Muhammadiyah Malang

ISSN : 27769259 EISSN : 27769674 DOI : 10.22219

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Scope of scientific articles published in this journal deals with various topics in the multidisciplinary field of study of Law from around the world, in particular issues related to: 1. Jurisprudence 2. Legal theory 3. Laws in modern countries 4. Comparative law 5. Constitutional law 6. Law and environment 7. Customary law 8. International law 9. Legal institutions 10. Islamic law 11. other legal topics

Arjuna Subject : Ilmu Sosial - Hukum

Articles 74 Documents

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TINJAUAN YURIDIS PENENGGELAMAN KAPAL ASING MENURUT UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN Elisabeth Septin Puspoayu; Bunga Nurani; Esti Wulan Trityas; Maulida Indah Sari; Mayang Chandra Gita Siti; Allafa Qori’atul Muzayyanah
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

Amendment to the United Nations Convention on the Law of the Sea of 1982 with Law No. 17 the Year 1985 makes Indonesia have the right to utilize, conservation, and manage fish resources in Indonesia's exclusive economic zone and the high seas. Such rights are exercised under applicable international terms or standards. Therefore, legislation was made related to the sinking of illegal fishing vessels in Indonesian territorial waters through Law No. 45 of 2009 on Fisheries. Indonesia's high wealth of marine resources does not run following all layers' expectations after illegal fishing. However, the juridical consequences of applying the law have several impacts, namely the impact of sinking foreign vessels on relations with foreign countries and negative-positive effects in the marine environment due to the sinking of foreign vessels illegal fishing actors.

TRANSPLANTASI HUKUM DI NEGARA-NEGARA ASIA: SUATU PERBANDINGAN Syahriza Alkohir Anggoro
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

This research discusses legal transplants in Asian countries. Legal transplantation (legal transplantation) is a theory that began to be widely used by some comparative and socio-legal law scholars in the mid-1970s. Using a normative juridical research method, this study chooses a historical, comparative, case and conceptual approach in examining legal transplantation in Asian countries. The results of this study indicate that there are two types of legal transplants carried out by common law and civil law countries in Asia, namely historical legal transplants and practical legal transplants.

PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR DALAM TINDAK PIDANA NARKOTIKA Isti Latifah Astri; Sidik Sunaryo; Bayu Dwi Widdy Jatmiko
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

Justice Collaborator is a new term in the criminal justice process in Indonesia. JusticeCollaborator is a suspect, defendant, or convicted who can cooperate with law enforcement touncover a particular crime. In the context of narcotics crimes, Justice Collaborator has animportant role in uncovering narcotics syndicates because so far there are weaknesses in thecriminal justice system that have not been able to uncover, fight and eradicate crimes of a terrornature. Justice Collaborator is therefore entitled to protection. The purpose of this research isto know the rights and obligations of Justice Collaborator narcotics crimes as well as the policyformulation of legal protection against Justice Collaborator narcotics crimes in the future. Theresearch method used in reviewing this is with a normative juridical approach. The regulationon the protection of Justice Collaborator is set out in Article 5 Paragraph (1), Article 10 andArticle 10A of Law No. 31 of 2014 on The Protection of Witnesses and Victims, while for theobligations stipulated in Article 30 of Law No. 31 of 2014 on The Protection of Witnesses andVictims. But the provision has some drawbacks, especially for Justice Collaborator narcoticscrimes. Therefore, it takes a policy of legal formulation to obtain an ideal form of legalprotection so that the principle of legal certainty can be realized.

TINGKAT PARTISIPASI POLITIK MASYARAKAT DALAM PILKADES SERENTAK TAHUN 2019 Riza Umami; Catur Wido Haruni; Fitria Esfandiari
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

One of the means to channel democracy is through the Village Head Election. Democracy inthe context of village head elections can be understood as an acknowledgment of the diversityand attitudes of community political participation from the community within a democraticframe at the village level. Participation is essential to research, considering an election'ssuccess can be seen from the level of community participation. The formulation of this study'sproblems is 1) What is community political participation in the simultaneous village headelection in East Java. 2) What factors increase the level of community political participation inthe Pilkades Simultaneously in East Java. In this study the authors used an empirical juridicalresearch approach from primary and secondary data sources with data collection usinginterviews, observation and documentation and data analysis used was descriptive qualitative.This study concludes that the level of public political participation in the PilkadesSimultaneously in East Java from 2013 to 2019 increases annually. This is evidenced by voters'level in each village having a high percentage, namely, village A increased by 32%, Village B2%, Village C 16%, and Village D 16%. This happens because several factors, such as: first,internal's factors, include socioeconomic, age, and awareness of political society.Simultaneously, external’s factors have political aspects of money, environment, information, and the figures from the village head candidate itself. The community must continue to raiseawareness of the importance of political participation. The government must also intensifyuseful programs to stimulate the community's attractiveness to play a more active role in thevillage's betterment.

PELAKSANAAN PEMBAGIAN WARISAN DALAM MASYARAKAT ADAT OSING (STUDI DI DESA ADAT KEMIREN KABUPATEN BANYUWANGI) Achmad Rizqi Syahbana; Komariah; Sofyan Arief
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

The implementation of customary inheritance law is still often used by people in Indonesia, as well as for the Osing indigenous people who live in the Kemiren Traditional Village, Banyuwangi Regency. The implementation of inheritance distribution in the area is still guided by the traditions and culture that have been passed down from generation to generation, so that it continues to develop in order to seek justice in the inheritance system of the Osing indigenous people. On this basis, it is necessary to have a legal instrument that can regulate the customary inheritance law of the Osing tribe. This study aims to help answer these problems by knowing the arrangement and implementation of inheritance distribution in the Osing customary community. The method used in this research is sociological juridical. Data collection techniques used in this study were interviews, documentation, and literature study. The result of this research is that the arrangement of inheritance distribution in the Osing customary community applies the Pancer Line and the Kembang Pathways system, with the distribution of two to one for male heirs and female heirs. As for the implementation of the distribution, it is different from the regulation, namely that the distribution of inheritance between male heirs and female heirs is distributed equally, namely one to one. The arrangement for the distribution of inheritance in the Osing customary community has worked well, although in practice there are differences with the prevailing rules, however, the distribution should be adjusted according to the rules so that customary values are maintained in accordance with the characteristics of Osing's customary inheritance law

ANALISIS PUTUSAN MAHKAMAH AGUNG NO.2871K/PDT/2017 DALAM KASUS PENGINGKARAN AKTA PERJANJIAN PERDAMAIAN NO.04/PDT.G/2000/PN.PROB Risma Puspita Ningrum; Sofyan Arief; Herwastoeti
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

This study aims to determine the legal strength of the Peace Agreement Deed No.04/Pdt.G/2000/PN.Prob and to analyze the Supreme Court Decision N0.2871K/Pdt.G/PN.Prob in the case of denial of the peace agreement deed No.04/Pdt.G /2000/PN.Prob in a Legal Perspective, this research uses the Normative Juridical method. The result of this research is that Peace Decision No.04/Pdt.G/2000/PN.Prob has permanent legal force as well as the judge's decision at the final level. in accordance with the provisions of Article 1858 paragraph (1) of the Civil Code Jo. Article 130 paragraph (2) and (3) HIR, and the peace deed, have 3 legal powers, namely binding and final, perfect proof, and executorial power. The District Court's decision was appropriate because the defendant's actions were categorized as illegal actions based on Article 1365 of the Civil Code, this was because the plaintiffs were the legal owners of the disputed land based on the peace decision No.04/Pdt.G/2000/PN/Prob. The Court of Appeal's decision was inaccurate, because it had canceled the peace decision Deed No.4/Pdt.G/2000/PN.Prob in which the peace decision No.4/Pdt.G/2000/PN.Prob had permanent legal force as stipulated in Article 130 HIR, Jo. Article 1858 of the Civil Code, judges of the High Court in passing decisions exceed their authority because the High Court as Judex facti does not have the authority to judge or overturn the final decision, and if the Appellants find new evidence then the legal remedy that can be taken is legal. Article 67 letter b Law No.14 of 1985 concerning the Supreme Court. Furthermore, the Supreme Court's decision was appropriate, because according to the Supreme Court the Judex facti the High Court had wrongly applied the law because it had canceled the Peace Deed No.4/Pdt.G/2000.PN.Prob which had permanent legal force. So that in this case the legal conflict lies in the decision of the High Court

ANALISIS LARANGAN RANGKAP JABATAN MENTERI YANG BERASAL DARI UNSUR PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA Moh. Baris Siregar; Catur Wido Haruni; Surya Anoraga
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

Nowadays, concurrent positions are a political phenomenon that is rife, especially for Ministers who are concurrently chairman of political parties. This condition can cause various kinds of problems. As a result of multiple positions, issues arise, such as being vulnerable to conflicts of interest and power abuse. The purpose of this research is to know the regulation of concurrent ministerial positions from political party elements based on Article 23 of the State Ministry Law, to understand the legal implications of regulating simultaneous ministerial positions from political party elements based on Article 23 of the State Ministry Law, and to know the concept of setting the ideal clerical position in the future. The author's research method in examining this matter is the normative juridical approach, the statute approach method (Statue Approach), and the conceptual approach (Conceptual Approach). Juridically, the prohibition of concurrent ministerial positions is regulated in article 23 of Law Number 39 of 2008 concerning State Ministries. However, this article does not explicitly restrict the ban on current positions for the chairman of a political party who is also a minister. Because the alternative in dealing with concurrent ministerial positions is taken from the general chairperson of a political party, in the recruitment of ministers, the meritocracy system or the cabinet zaken system can obtain a minister following technical and professional specifications. Then the government can revise the State Ministry Law to get an ideal form of regulating the prohibition of concurrent ministerial positions in the future.

EFFECTIVITY REGULATION OF THE MINISTER OF HOME AFFAIRS IN THE MANAGEMENT OF REGIONAL ASSETS IN BATU CITY Hendra Saputra Jaya; Catur Wido Haruni; Sholahuddin Al-Fatih
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

Regional assets are regional wealth earned from spending using APBD and grants. Therefore, regional asset management must be professional and modern oriented towards good government. Technically asset management in each region refers to Regulation of The Minister of Home Affairs No. 16 Year 2019 On the Management of Regional Assets. This research discusses the asset management of Batu City area using sociological juridical research methods that raise the issue of asset management barriers and the effect of asset management in Batu City. This research shows that; First, there are barriers in terms of human resources, both in understanding the rules as well as on the understanding related to administration that impacts on the disorder of the administration until now. Second, asset management in Batu City has not been effective because there has not been a clear measure that is used as a guideline for the assessment of effectiveness but only based on compliance with the rules.

PELANGGARAN HAK CIPTA SINEMATOGRAFI DI INDONESIA: KAJIAN HUKUM PERSPEKTIF BERN CONVENTION DAN UNDANG-UNDANG HAK CIPTA Regent; Revlina Salsabila Roselvia; M. Rahmat Hidayat; Hari Sutra Disemadi
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

Copyright is a protection provided to people in the country of Indonesia as a form of appreciation for works that are made or produced in the form of visual, audiovisual, and other things and examples of these intellectual property rights such as songs, films, works of art in the form of paintings and many other things. The function of copyright itself is to protect these works from individuals who want to plagiarize or imitate these copyrighted works so that other people are encouraged to generate ideas and works for the Indonesian nation. And this is protected by Indonesian Copyright Law and as we know Copyright has various types and one of them is the cinematography which is regulated in Article 40 Letter m Copyright Law, an example of cinematography. these are like commercials, cartoons, and documentaries. The exclusive rights owned by the creator in Article 9 Copyright Law and the regulation of sanctions related to the perpetrator who records and distributes the recording or copyright infringement that he has committed are regulated in Electronic Information and Transaction Law and this research compare the Copyright of Indonesian law with the Bern Convention where in this convention there is the Droit Moral or the right of the creator to claim his creation and raise objections against acts that intend to change and reduce. The development of technology and the internet makes it easier for many things to become practical but there are increasing problems that arise in the field of Copyright in the field of cinematography such as imitation. Piracy or imitation is an act committed by irresponsible persons who want to profit from the work of another person without their permission or knowledge

KESADARAN HUKUM SERTIFIKASI HALAL PELAKU USAHA RUMAH MAKAN DI KOTA MALANG Hassanalwildan Ahmad Zain; Fifik Wiryani; Idaul Hasanah
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

This study examines the legal awareness of halal certification of restaurant businesses in Malang. Considering law No. 33 of 2014 on Halal Product Guarantee has been enacted for 5 years, the obligation of halal certification should have been carried out. Moreover, in malang area which is notabene one of the cities with the highest number of universities in East Java. This study has two formulations on how to awareness of halal certification law of restaurant businesses in Malang and how to implement halal certification procedures in LPPOM MUI East Java. The purpose of this study is to measure legal awareness of restaurant businesses in Malang related to halal certification and halal certification management procedures. This research is a sociological juridical research using 2 (two) data collection techniques, namely field research and library research. The theory used is the theory of legal awareness as the basis of analysis in this study. The results of this study are as follows: First, legal awareness of restaurant businesses in Malang related to halal certification has not been maximized because there are indicators and elements that are not fulfilled properly. Second, the process of implementing halal certification from both LPPOM MUI and business actors is in accordance with the provisions that have been given

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nur Putri Hidayah

Contact Email ilrej@umm.ac.id

Phone -

Journal Mail Official ilrej@umm.ac.id

Editorial Address Jalan Raya Tlogomas 246 Malang

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nur Putri Hidayah

Contact Email
ilrej@umm.ac.id

Phone
-

Journal Mail Official
ilrej@umm.ac.id

Editorial Address
Jalan Raya Tlogomas 246 Malang

Location
Kota malang,

Jawa timur

INDONESIA