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Unram Law Review
Published by Universitas Mataram
ISSN : 25489267     EISSN : 25492365     DOI : -
Core Subject : Social,
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
Consumer Protection Of Mobile Banking Users (Case Study Of Commonwealth Mobile Banking Account Breaking On Behalf Of Ilham Bintang) Muhammad Ilham; Inosentius Samsul; Henny Marlyna
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.v6i2.244

Abstract

Bank services, in general, are services to store customer funds safely. As one of the bank's primary services, customers have the right to obtain guarantees for funds deposited in the relevant bank. In its development, bank services have used technology assistance to create a mobile banking product. In the case raised in this paper, some customers lose funds at the bank, where the funds are stored use mobile banking. The purpose of this paper is to review the applicable Indonesian laws following the case of Ilham Bintang, a consumer of Common Wealth Bank. This research shall use secondary data from the normative juridical, a process to find the rule of law, legal principles, and legal doctrines to answer the legal issue. The legal topic discussed in this paper is how the applicable laws of banking and consumer protection protect bank consumers specifically, regarding account break-ins. Based on Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking and Law Number 8 of 1999 concerning Consumer Protection, banks as business actors are required to provide compensation, damages, and reimbursement, if offered, are not according to what promise. However, if it proven that this is not the business actor’s fault, the business actor may be released from this responsibility.
The Effectiveness Of Awig-Awig On Merariq Age Maturation In Prevention Of Early Marriage In Kekait Village Hamdi Hamdi; Fitriani Amalia; 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.v6i2.246

Abstract

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage Article 7 reads, "marriage is only allowed if a man and woman have reached the age of 19 (nineteen) years". In the new law, the age requirement is 19 years for the two prospective brides. While the age of marriage in the previous law, namely Law Number 1 of 1974 concerning Marriage in Article 7 paragraph (1), it is stated that "marriage is only allowed if the man has reached the age of 19 years of marriage and the woman has reached the age of 16 years. Merariq in the Sasak community is difficult to avoid because it is a hereditary tradition, as well as in Kekait Gunungsari Village, District, West Lombok Regency. Merariq in Kekait village is a regular marriage. In fact, almost all marriages are carried out with merariq. Merariq in Kekait village leaves social problems, such as easy divorce, stunting, early marriage, and school-age marriage. School-age marriage and early marriage are the focus of the Kekait Village Government which must be prevented through village regulations or awig-awig on the maturation of the age of merariq. This awig-awig regulates the merariq procedure, starting from the minimum age for merariq, farewell to the bride and groom who have not reached the minimum age requirement, school-age marriage, to sanctions for those who marry early. Sanctions are also given to village officials directly involved in early marriage.
The Role Of Cites Management Authorities On The Law Enforcement Process On Shark Finning Crimes In Indonesia Rafika Rizky Aulia Rahman; 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.v6i2.248

Abstract

Sharks are one of the animals that are included in the CITES Appendix list and occupy the top position in the food chain in marine ecosystems. But in reality, these animals are often becomes the main catch targets or by-catch targets. The practice of shark finning is one of the activities that refer to cutting only the fins of sharks and throwing the rest of the body (whether alive or dead) back into the sea. If the animals that are at the top of the food chain in the sea are exploited irresponsibly so that they are threatened with extinction, this will have an impact not only on the species itself but will also have to impact other species and damage the marine environment. The purpose of this article is to find out how the role of management authorities in law enforcement in the crime of shark finning in Indonesian waters. Thus the question in this article is, how law enforcement will be able to suppress shark finning activities that occur in Indonesian waters. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore about shark finning crime. Research results show that the Ministry of Maritime and Fisheries as the Indonesian fish resource management authority has participated in the Task Force to eradicate illegal fishing under the rules of the Minister of Maritime and Fisheries of the Republic of Indonesia related to the standard operating procedures of the Law Enforcement Task Force to Eliminate Illegal Fishing as a specific criminal charge for the crime of shark finning as transnational crime. If activities are carried out in the waters of Indonesia, the charges for fines of sharks in the waters of Indonesia are under the jurisdiction of Indonesia as a sovereign state.
Legal Protection For MSMES In West Seram Regency During The Pandemic Period Ronald Fadly Sopamena; Adonia Ivonne Laturette; Marselo Valentino Geovani Pariela
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.v6i2.249

Abstract

The study aims to examine legal protection for MSMEs during the Covid-19 Pandemic in West Seram Regency.The type of this research is socio-legal research, which is a combination method between doctrinal legal research and empirical legal research. The results of the study found that the form of legal protection that the West Seram Regency Government could provide to MSMEs, one of which was by issuing a policy of aiding MSMEs who are affected by the pandemic, whether MSMEs were unable to pay installments or were losing money during the pandemic or for MSME actors even though they did not have debt. in the form of Business Assistance, it is worth of Rp. 1,200,000 which provided twice in a year in purpose to assist the business. However, there are challenges in the policy implementations due to not all MSME owners are able to receive this assistance.
Tax Imposition And Legal Enforcement On The Digital Asset Of Non-Fungible Token (NFT) Annisa Intan Dwitanti; Dian Puji Simatupang
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.v6i2.250

Abstract

Non-Fungible Token (NFT) is a token on the blockchain network that is used as a token of authenticity in the ownership of digital work. Along with the development of NFT as one of the investment instruments in Indonesia, it certainly raises big questions in terms of taxation. The problems in this study include, how to regulate the imposition of taxes on digital NFT asset transactions and how to enforce the law if there is a taxpayer deviation from NFT digital asset transactions. This research method is qualitative and descriptive with a normative legal approach. The results of the study indicate that NFT digital assets do not have specific tax regulations in Indonesia, but in connection with the transaction being supported through cryptocurrency, the tax is imposed according to PMK Number 68/PMK.03/2022. In terms of law enforcement on tax payments on NFT digital asset transactions, administrative and criminal sanctions may be imposed in accordance with Law Number 28 of 2007 concerning General Provisions and Tax Procedures.
Establishment Of Indigenous People Owned Enterprises As A Form Of Community Corporate In Sumbawa Regency Ahmad Yamin; Geatriana Dewi
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.v6i2.254

Abstract

Indigenous People Owned Enterprises are basically business entities which managing two roles, both as a natuurlijke persoon and recht persoon. In the other hand, it also works as an economic provider along as juridical benefits to members, which leads to encourage economic independence and mutual prosperity. This paper aims to build the economic independence of indigenous peoples through the construction of BUMMA which was formed by indigenous women. The approach method applied within this study is statute approach by applicating the combination of library research with social approach for indigenous women in each indigenous community in Sumbawa Regency. The results obtained by the research is BUMMA as natuurlijke persoon en rechtspersoon is a fresh approach in managing business entities at the level of customary law which worthwhile from, by, and for indigenous women. The existence of BUMMA as a part of customary law communities and as a form of community corporation is a new form of economic institution nowaday in attempt to develop independence and the welfare of indigenous women as part of the customary law community.
Subsidized Home Ownership Credit Agreement at the Mataram Branch of PT. Bank Tabungan Negara Sudiarto Sudiarto; Adhitya Bagus Singandaru; Adhitya Bayu Suryantara
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.v6i2.255

Abstract

Regarding to the fulfillment of the housing needs of the society, Indonesian government finally issued a policy related to subsidized housing ownership for low-income groups by installments through banks. However, the fact provision of subsidized housing loans experienced bad credit due to a lack of prudence by the bank in analysis before granting credit. The research method used in this study is a normative research method, by using library materials as primary data, especially from literature. The results of this study are to avoid the possibility of bad credit in the provision of subsidized housing loans, the bank as the creditor must be able to apply the prudential principle by conducting credit analysis in approving a credit application submitted. The principle of bank prudence takes the form of the 5C principles, which then known as Character, Capacity, Capital, Collateral, Condition of economy.
The The Role of Baduy Women in Strengthening Baduy Local Food as an Innovation for Food Security in the Banten Region: The Role of Baduy Women in Strengthening Baduy Local Food as an Innovation for Food Security in the Banten Region Muhamad Muslih; Ahmad Rayhan
Unram Law Review Vol 7 No 1 (2023): 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.v7i1.247

Abstract

The problem raised in this paper is the role of the Baduy indigenous women in Strengthening Baduy Local Food as an innovation for National Food Security. The purpose of this paper is to strive for the local ecological wisdom of the Baduy indigenous people can be combined with modern science and technology in order to be able to utilize in a sustainable Food Security development program based on National Food Security Innovation. The specific target to be achieved from this research is to examine the field of feminism and gender from the perspective of Baduy women in terms of their relationship to the development of Baduy Local Food Security Innovations. The methodology used is Juridical Normative and Sociological Normative. This research is a descriptive-analytical type of research using Primary and Secondary Data Sources which are analyzed using qualitative methods, applying Library Research and Field Studies data collection techniques toward Inner Baduy and Outer Baduy. Interviews and observations were conducted to obtain the necessary data. The data obtained through field research and literature study were analyzed to obtain clarity on the problems discussed. A brief summary of the results of this paper is that Baduy men and women carry out ngahuma activities and household activities together because the Baduy indigenous people have known and applied the theory of feminism and gender equality. Even in farming, there are ceremonies in which implementation can only be done by Baduy women, such as mipit, ngaseuk, ngalaksa, and nganyaran. In practice, it cannot be done by men because it is directly related to Nyi Pohaci as a symbol of the high degree and honor of women in Baduy. Nyi Pohaci is associated with the symbol of making a living from growing rice in the huma and in the fields. Until now, the Baduy people have always maintained the Baduy pikukuh to store dry unhulled rice produced from ngahuma in Leuit as typical Baduy rice barns. The facts prove that the condition of rice is still good and still very suitable for consumption even though the unhulled rice has been stored in the leuit for more than 50 years. Baduy people are very concerned about life in the future so that their food security can be maintained. If this is analyzed and researched in depth, it can produce a good system to be applied in maintaining Baduy Local Food Security as a reflection of National Food Security.
Fulfilling Education Rights for Girls in Child Marriage to Achieve SDGs Gender Equality Meliesa Permatahati; Sonny Dewi Judiasih; Nyulistiowati Suryanti
Unram Law Review Vol 7 No 1 (2023): 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.v7i1.252

Abstract

The age minimum for marriage in Indonesia is 19 years old for both men and women, but those who are underage can still marry legally by applying for marriage dispensation through a religious court or district court depending on the child’s religion. Child marriage can lead to school dropout since formal school doesn’t accept students who are married so these children will be returned to their parent, most child marriage cases involves girls more than boys which can lead to gender inequality. This research is conducted by a normative juridical method which utilized secondary data resources such as primary, secondary, and tertiary legal materials. Applicable law regarding the right to education for children is studied by referencing marriage law and national educational system law. The method used in this research is descriptive-analytical data including factual behavior in society and verbal respondent’s statement. There are few regulations regarding the right to education for children but in practice, these regulations are difficult to be applied since the school has its authority. In cases like this, there are alternative ways to fulfill the right to education for girls in child marriage as participating in open schools and learning centers held by the community. Gender equality and education are deeply connected and can not be achieved without one another.
english: english khadijah; Bahjatul Murtasidin; Sarpin
Unram Law Review Vol 7 No 1 (2023): 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.v7i1.253

Abstract

The current condition of Indonesia is being hit by problems of radicalism and terrorism, the problem of terrorism is a universal problem with doctrines under the guise of religion such as al-Qaeda and ISIS. The image of a peaceful Islam has been tarnished by the many acts of intolerance and radicalism carried out by members of other groups in the name of Islam. There are many factors that cause moral damage that arises due to radicalism and terrorism, but there are many ways to prevent it, one of which is the approach of local cultural wisdom because this is a source of strength and moral control that can be implanted to improve attitudes. The purpose of this study is to explore in detail the wisdom of local culture, especially religious leaders and youth, in order to create a moderate, peaceful, and calm society. The method in this research is by reviewing the literature and answering research questions using dictionaries, books, magazines, interpretation bibles, the internet, and other sources. The results obtained in this study are effective strategies to prevent and overcome radicalism and terrorism by developing a community culture based on equality, solidarity, and cooperation. Meanwhile, local wisdom has several informative and educative functions. Contributions to the formation of a harmonious civilization structure, social networks, mutual trust, and interaction norms are important roles in local wisdom and legal culture to overcome radicalization.

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