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Unram Law Review
Published by Universitas Mataram
ISSN : 25489267     EISSN : 25492365     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Universitas Mataram(Unram) Law Review(ULREV) is a peer-reviewed journal published by the Law Faculty of Mataram University, is Indonesian Journal of Law as a forum for communication in the study of theory and application in Law Contains articles texts in the field of Law. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or article reviews. The scope of the articles contained in this journal discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law. Articles are considered to be loaded are in the form of research or scientific simulations that have never been published or are waiting for publishing in other publications. ULREV is published three times a year in April, August, and December. This journal provides direct open access to its content based on the principle that making research freely available to the public supports greater global knowledge exchange. Scope: Contains articles texts discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law.
Arjuna Subject : -
Articles 181 Documents
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Outsourcing Workers Legal Protection Under The Post Validation Of Job Creation Law Indah Kesuma; Aloysious Uwiyono
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.220

Abstract

The enactment of job creation law considers as the government effort to develop the ecosystems of competitiveness and investment in Indonesia. Even though there are many rejections, the government are optimistic that this provision could provide significant improvement for various sectors such as the sector on manpower. The research aim is to understand the concept changes and outsourcing requirements based on the job creation Act. The method of this research using legal doctrine or normative juridical method by conducting references through secondary data studies. In Legal research, secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. The research result illustrates that the protection of workers/labor, their wages and welfare, the working conditions also if disputes arise will be carried out by virtue of the regulations and are the responsibility of outsourcing company. The obstacles may emerge such as the absence of obligations under the outsourcing contract. Therefore, the legal certainty is not existed to protect the workers, since the legal protection for workers are according to the agreement.
“Burning Money” By E-Commerce Platform Businesses And The Relationship With Selling Loss Based On Business Competition Law In Indonesia Jozu Kenjiro Samudra; Sudaryat Sudaryat; Helza Nova Lita
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.222

Abstract

"Burning money" is one of the marketing strategies carried out by the perpetrator’s e-commerce platform in effort to introduce products on the internet and change the habit consumer. Cut programpricelarge on current e-commerce platformsthispopular in societyis one _shapeof "burning money". This program is done in a period of time particular with the objective of interesting the number of customers and achieving high traffic. The existence of “burning money” activity has worries that willcausesomethingcompetitionbusiness not healthy . Piecegreat price _from one _the form of "burning money" is suspectedrelatedwith predatory pricing orselllos. Methodstudyis normative juridical normative research using _regulationlegislation, theorylaw, and the opinion of scholarsrelated to law competitionbusiness and e-commerce. Data will then analyzedwithmetho descriptive analysis _symptom particular in detail, detail, and systematic. There are four aspects that are used for the study of "burning money" by using a massive price-cutting program based on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and related laws and regulations. As a result , the cut programthe price made by the perpetratore-commerce platform business haspotencycausecompetitionbusinessnohealthywillbutthe impact of the perpetratore-commerce platform business helppublic switch to the digital age throughe-commerce services .
The Role Of Political Parties With The Worker Movement Rejecting The Omnibus Job Creation Law Yarnes Imanuel Foni; Phil Aditya Perdana
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.224

Abstract

This study aims to determine the role of political parties in the worker's movement to reject the ratification of the omnibus law on Job Creation. The approach used is qualitative. This research relies on primary data collection mainly obtained through interviews with resource persons or key informants. Data were collected in two ways. The first is to conduct a literature study and content analysis of various literature and reports in the print media related to research problems, and secondly, by conducting interviews with resource persons. The role of political parties in the rejection of the Job Creation Law must straighten out the functions first, rights, and obligations of political parties according to the provisions of the current political law in Indonesia. Political parties' functions, rights, and obligations have been outlined in Law Number 2 of 2011 concerning Political Parties. The function of political parties is regulated in 11. One of the functions related to the context that we are talking about is Article 11, point 2 subpoint (a), which states that political parties function as a means of: "Increasing the political participation of members and the community to organize political and governmental activities." In addition, the role of the community, especially the laborers, in rejecting Indonesia's Omnibus Law (Law No. 11 of 2020 on Job Creation) is important for the suitability of government policies. It is stated in Presidential Regulation Number 68 of 2005 concerning Procedures for Preparing Draft Laws, Draft Government Regulations in Lieu of Laws, Draft Government Regulations, and Draft Presidential Regulations, particularly in Chapter VIII Article 41.
Legality Of Authentic Deed With Cyber Notary Basis According To Legal Assurance Principles Mutiaratu Astari Rafli
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.225

Abstract

Cyber Notary is a concept that uses technological advancements to allow notaries to perform their daily duties by creating authentic deeds in cyberspace. Notaries require legal certainty in order to complete the electronic deed with the goal of serving as a guide. This study aims to determine the shape of the legality of making an authentic deed with a cyber notary basis according to legal certainty principles. The type of research used in this research is normative juridical, namely the approach method that uses the positivist legislative conception. The results of this study are Cyber ​​notary does not meet criteria number five of the principle of legal certainty and in fact the cyber notary is still contrary to the legality of the proof of law.
Registration Of Name Rights To Land Object Auction (Study in Mataram City) Arief Rahman; Wiwiek Wahyuningsih; Shinta Andriyani
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.227

Abstract

This study examines the procedure for transferring the title to the auction object. The type of research used in this article is normative and empirical research using the statutory approach, conceptual approach, and practical approach. The results showed that the implementation of the transfer of name procedures for the transfer of land rights through auction, namely: 1) Applying for registration of the transfer of ownership rights to land due to auction through the service counter that has been provided, 2) The Land Office Service Counter Officer conducts Examination of Application Files, 3 ) Paying Land Rights Registration Fee, 4) Carrying out the Work Process, Recording and Correspondence, 5) Issuing certificates, 6) Submission of certificates. Meanwhile, if there are objections raised by the owner of the land being auctioned (debtors in default), related to the application for land registration submitted by the winner of the auction (buyer), then in this case the National Land Agency will temporarily suspend the application process for the transfer of the name of the auction object until there is a settlement, between the disputing parties.
The Query Of The Sanctions For Enforcement Of Money Politics In Indonesia Mirawati Saktiana; Zudan Arif Fakhrulloh
Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i2.206

Abstract

General elections, which are held on a regular basis to elect leaders in a country, are a sign of a democracy. The ruling of the Constitutional Court, which specifies that elections in Indonesia be held concurrently, both national and local elections, undoubtedly produces dynamics and obstacles in election administration. It is evident that the practice of electoral fraud is inextricably linked to the conduct of elections in Indonesia. Starting with indirect elections, Indonesia has now moved on to direct elections. Because the execution is simultaneous and simultaneous, the concentration of election organizers and supervisors is split. Although there is already an Election lAW that regulates law enforcement for election offenses, the existence of these provisions is regarded ineffective and inefficient in areas where there are still numerous frauds in elections, including money politics. This paper will look at the regulation of vote buying (money politics) and how sanctions are used. Using primary, secondary, and tertiary legal texts, this study employs a normative legal writing technique. This study concludes that the regulation of criminal punishments in money politics fraud has been regulated in Elections Law Number 7 of 2017. Although infractions of legal politics are restricted under the a quo Law, these arrangements have not been totally effective in limiting the degree of election violations and crimes, particularly money politics. As a result, it should be reconsidered by considering other administrative fines for political parties or candidate candidates in order to offer a greater deterrent impact.
Normative Review Of Regional Tax Legal Political As A Pillar Of Development And People's Welfare In The Region Nurwahidah Nurwa Al-idris; Muhammad Akbar; Muhammad Gigih Reformasi; Iin Hidayatul Auliya Hidayatul Auliya
Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i2.218

Abstract

Good and correct local tax management is one indicator of the achievement of regional financial management objectives as mandated by the legislation. Regional taxes, which are one of the sources of regional original income (PAD), have a strategic role in supporting the region's development. This article aims to describe the legal politics of regional tax management and its relation to encouraging development and people's welfare in the regions. This study is a normative study with a statutory approach and conceptual approach. The study result shows that the legal politics of tax is a policy direction for the allocation and use of taxes based on the achievement of the welfare or prosperity of the people. Furthermore, the legal politics of regional tax is an important part of the political management system of regional finance carried out every year containing policies regarding regional development financed by the regional budget. Every regional financial budgeting using local taxes must be directed at the realization of the welfare and prosperity of the people
The Establishment Of Legislation Using Omnibus Law As A Legal Breakthrough By The Government Ahmad Muzayyin S; Muhammad Khairil Anwar; M. Yusuf Habiby; Tria Septiana
Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i2.219

Abstract

Legislation and the process of its formation have a significant function in the development of national law. In Indonesia, legislation is the main method of creating law and the foundation of the national legal system. However, Indonesia is currently having hyperregulation. This article aims to describe the omnibus law method as a legal breakthrough used in the framework of establishing legislation. The discussion shows that omnibus law is the accurate method to be used as a solution in structuring laws and regulations. To overcome hyperregulation in Indonesia, the government chose the Omnibus law method, which is a legal breakthrough by forming new laws that amend, delete, and or/make new provisions from various laws. Law Number 11 of 2020 concerning Job Creation is a law that establishes using the omnibus method by changing, deleting, and or making new provisions from various laws.
The Urgency Of Green Ship Recycling Methods And Its Regulations In Indonesia From The International Law Perspective Bismo Jiwo Agung; Arie Afriansyah
Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i2.236

Abstract

One of the critical problems for ships utilization is the limited operative life which affect its efficiency. Therefore, ship owners tend to send these ships for recycling. On the one hand, ship recycling industry can absorb labour and become a source of state revenue. Nevertheless, these activities significantly affect the preservation of the marine environment if not appropriately managed. Marine waste pollution is an essential issue in global context. Regrettably, as a country with a massive shipping intensity and geographically a strategic location, Indonesia does not have a comprehensive national policy regarding recycling ships weighing for 500 GT or more. The government allows conventional ship recycling methods that are not environmentally friendly and sustainably, which contradicts Indonesia's commitment to supporting the Sustainable Development Goals (SDGs). Thus, Indonesia is vulnerable to claims regarding poor pollution management due to ship dismantling activities. The claim could be addressed to the state’s responsibility, which refered to international instruments such as conventions and guidelines in terms of preventing pollution to neighboring countries originating from ship breaking and dismantling activities that lack regulation and measures. This article argues the urgency to reform the current national ship recycling regime in the future to apply a greener method by alluding to international general principles, customary and jurisprudence.
Legal Protection For Consumers On Withdrawal Of Fiduciary Objectives By Financing Companies Due To Covid 19 In Mataram City Edi Yanto; Rena Aminwara; Sahrul Sahrul
Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i2.243

Abstract

The purpose of this study is to obtain the first description: legal protection for consumers for the withdrawal of fiduciary guarantee objects by finance companies due to Covid 19, and second: the role of the Mataram City Consumer Dispute Resolution Agency (BPSK) in resolving consumer financing disputes in Mataram City. This type of research is a normative and empirical law that examines legal materials and data. The approach used is legislation and concepts, then analyzed with qualitative description. Legal protection for consumers for the withdrawal of fiduciary guarantee objects by financing companies due to covid 19. The government issues a Countercyclical policy through restructuring or credit relaxation for debtors with the potential to have difficulty fulfilling their obligations; however, suppose the restructuring effort does not result in a settlement. In the case, dispute resolution is carried out based on the clauses in the agreement or credit agreement signed by the parties. The Mataram City BPSK resolving consumer financing disputes due to Covid 19 in Mataram City, has an essential role as a quasi-judicial institution in resolving consumer disputes out of court. This institution was born as a form of equitable distribution of justice for the community, especially consumers who have not had access to dispute resolution in the judiciary.

Page 10 of 19 | Total Record : 181

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