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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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Peran dan Tanggung Jawab Notaris Dalam Pembuatan Akta Perkawinan Campuran Tifonia Tionusa; Arsin Lukman
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.v7i1.256

Abstract

Globalization have push marriage to be perform not only between Indonesian citizens but also may be done with foreigners. As it is known, through marriage could pooling the assets between the spouses which leads to the matter of ownership in the property whereas Indonesians cannot own land and buildings in Indonesia. Therefore, notary has a role in making authentic deed under the form of mixed marriage or also known as mixed marriage agreement. The purpose of this study is to examine and analyze the roles and responsibilities of a notary in making mixed marriage deeds. This study uses a normative legal research method with a statutory approach, presenting cases in the form of decisions, and analysis. The results shows that there are problems related to the making of a mixed marriage deed made by a notary. These problems are in the form of a notary who does not provide legal counseling on the deed that the clients want to make (Indonesian citizens and citizens of a foreign country), does not translate or explain the deed if it appeared not understandable, and does not write it down at the end of the deed that a translation or explanation has been carried out because the present does not understand the language used written in the deed. In addition, with these problems, the strength of proof and the legal consequences of the act made by the notary are affected. Therefore, notaries in carrying out their positions must be guided by Notary Department Law.    
Tanggungjawab dan Akibat Hukum bagi Notaris yang Membuat Perjanjian Pinjam Nama (Nominee) santi; Arsin Lukman
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.v7i1.257

Abstract

Ownership of land rights in Indonesia could solely owned by Indonesian citizens or legal entities which determined by the Indonesian Government. Based on the practice, there are lots of legal smuggling in the making of a nominee agreement by a Notary. The nominee agreement is a name-borrowing agreement, which commonly consist of the foreign citizens measures in borrowing the names of Indonesian citizens to conduct sale and purchase transactions for proprietary land. Through the nominee agreement, it is stipulated that the status of the land in the land book and certificate of property rights is registered in the name of an Indonesian citizen, yet the ownership or control remains with a foreign citizen. This study aims to examine the validity of the nominee agreement as a form of foreign ownership at once to find out the form of responsibilities and legal consequences for the concerned Notary whose composed the nominee agreement. This research refers to the Decision Number 45/Pdt.G/2020/PNTpg. It uses normative legal research methods, and the type of approach to case legislation is in the form of decisions. Based on the results of this study, it is shows that there are lots of legal smuggling in the making of a nominee agreement by a Notary. The nominee agreement has indirectly violated the provisions of Article 26 Paragraph (2) of Law Number 5 of 1960, since there has been a transfer of ownership in the form of property rights to foreign citizens, and as confirmed on Article 21 Paragraph (1) of Law Number 5 of 1960, only Indonesian citizens have the right to own property rights. As known, foreign citizen may only have usufructuary rights and rental rights. Therefore, the nominee agreement has no legal force at all.
Responsibility Of The Tual City Government In An Effort To Protect The Copyrights Of Batik Kei Motives Agustina Balik; Yosia Hetharie; Novyta Uktolseja
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.v7i1.260

Abstract

This study aims to identify and analyze the responsibilities of the Tual City government in providing legal protection in the field of intellectual property rights, especially copyright for Batik Kei motifs. This research is socio-legal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Tual City, namely the Kei Batik Craftsman with the name Camelia Batik Kei. The types of data in this study are primary data and secondary data obtained through library research and interviews. Based on the results of the research, the Tual City government has an important role in providing copyright legal protection for Camelia Batik Kei's business. But in reality, although the Tual City government often displays Kei Batik motifs which incidentally elevate Kei customs and culture, from the aspect of copyright protection, the government has not given it at all. The entrepreneurs of Camelia Batik Kei are also not very aware of the importance of registering and protecting copyright laws for Kei Batik’s motives. Therefore, there is a need for socialization and cooperation with the local government of Tual City to provide copyright legal protection for Kei batik motifs.
Kekuatan Pembuktian Akta Risalah e-RUPS dalam Sistem eASY.KSEI ditinjau dari POJK Nomor 16/POJK.04/2020 Angelia Mariani Santoso; Tjhong Sendrawan
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.v7i1.261

Abstract

Electronic shareholders’ meetings in Indonesia were allowed by article 77 paragraph (2) Law 40/2007 and for public company was regulated by OJK Regulation No. 16/POJK.04/2020. E-Shareholders’ meetings could be held using eASY.KSEI. The minutes must be made by Notary in the form of Relaas deed. The Notary must see, hear, and witness the shareholders’ meetings live. Regardless, the regular shareholders’ meeting still has to be held, unless there are special condition, which was attended by Notary while majority of the shareholders attended the meeting virtually. If there is no regular shareholders’ meeting, Notary will attend virtually. Law 2/2014 explained that “in front of the Notary” means physically, not virtually. Law 40/2007 stated that the minutes must be signed by all shareholders. Meanwhile, the sign was not required in OJK 16/2020. This conflict between two regulations might cause confusion in Notary’s occupation to make the minutes. The issues to be discussed are regarding how Notary carries the occupation to make the e-Shareholders’ meeting’s minutes that was held using eASY.KSEI and regarding the position and strength of evidence of the minutes. The research method used is doctrinal legal research with analytical explanatory as the research typology. Secondary data was used by literature study that analyzed with qualitative method. Based on the research, it was found that in emergency situation, Notary used OJK 16/2020 to make e-shareholders’ meeting’s minutes and the minutes qualifies as an authentic deed. Even though there are no articles that allowed “in front of” Notary virtually in Law 02/2014 and the minutes must be signed by all shareholders according to Law 40/2007, but using “lex spesialis derogat legi generali” principle, Notary should follow OJK regulations. However, since the “specialis” principle is OJK regulation, it is recommended that regulations be made as an act to have a stronger legal basis.
Surat Berharga sebagai Bentuk Penyetoran Modal dalam Pendirian Perseroan Terbatas Sonya Whisler Refisyanti; Mohamad Fajri Mekka Putra
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.v7i1.262

Abstract

There are various types of business entities in Indonesia, namely divided into non-legal entities and legal entities. One of which frequently chosen by the business actor is a limited liability company (PT) due to its limited liability which only need to provide a capital that has separate assets between private ownership and the company. To establish a Limited Liability Company, the Company will need a Capital Deposit to run the business. Usually, the capital is paid in cash. The research aims to determine whether the capital deposit required to establish a limited liability company can be paid using a method other than Cash. The research is using a normative legal research by using statute and library approach. The research findings reveal that according to Article 34 paragraph (1), the capital deposit can be made in Cash and/or other forms. It means if the Capital Deposit, which is paid in other forms, can be valued in money, and accepted, as well as approved, by the Company’s founders. Payment of shares in securities must be announced, at least, in 1 (one) newspaper or more within 14 (fourteen) days after the deed of establishment is signed or after the General Meeting of Shareholders decides on the payment of shares.
The Comparative Study About Intellectual Property Rights And The Transfer Of Land Rights For The Development Of Indonesia Land Law Yazid Fatoni; Adi Sulistiyono; Lego Karjoko
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.v7i1.263

Abstract

The transfer of land rights is a classic problem whose implementation is often uncertain. In the framework of alternative material for developing national land law, this article will try to compare the transfer of land rights with the transfer of Intellectual Property Rights. The method in this article is a normative legal research method with a comparative law approach as the primary approach. In the transfer of land rights, at least several types of law are used as a component in assessing their validity. When compared to the transfer of Intellectual Property Rights, an Intellectual Property Right must be registered for protection, as well as when the Intellectual Property Right is transferred. Regulations in Intellectual Property Rights are more specific because they are under specific statutory law and through a registration mechanism. The transfer of land rights seen from the perspective of Law Number 5 of 1960 concerning Basic Agrarian Regulations or what is often referred to as UUPA (Basic Agrarian Law) and Government Regulation Number 24 of 1997 concerning Land Registration does require land registration, but that does not mean that land that is not registered does not get protection, this also implements in the transfer of land rights. Even though the transfer of land rights does not use the mechanisms and conditions specified in Government Regulation Number 24 of 1997, the transfer of land rights under the main provisions in customary law is still recognized. It is usually implemented when the dispute goes to court.
Dampak Resesi Ekonomi Global Terhadap Perdagangan Aset Kripto Dan Keamanan Transaksinya Di Indonesia Bthari Octaviani Putri; Zulkarnain Sitompul
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.v7i1.270

Abstract

When the Coronavirus Disease 2019 (COVID-19) pandemic has an impact on reducing world economic growth, this condition gives benefits to the digital investment sector, one of which is the increase in crypto asset trading. The crypto asset trading sector is a digital commodity that is in great demand and is growing rapidly in society. This is because crypto asset trading does not require each investor to meet each other face to face and only requires an internet network in transactions. Throughout 2021, crypto asset trading and the number of investors who transacted almost all over the world continued to experience a significant increase, including in Indonesia. However, at the beginning of 2022, there was a conflict between Russia-Ukraine which affected the increase in commodity prices around the world. This condition then triggered inflation in several major countries, which in turn resulted in the threat of a global economic recession. This phenomenon then leads to a weakening global economy which can hinder the growth of crypto asset trading in the future. Not only that, crypto asset trading itself is also still haunted by concerns about the weak security system in investing in crypto assets which is vulnerable to the rise of various fraud cases. Therefore, regulation and facilities that are following the current needs of crypto asset trading are urgently needed to stimulate the growth of crypto assets. Actions taken by the government through the establishment of crypto asset trading regulations and supporting platforms are very important to provide business certainty and security in investing in crypto assets in Indonesia.
The Living Law’s Restorative Justice: Implementation of Restorative Justice as an Integrative Mechanism in Criminal Law Henny Saida Flora
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.v7i1.279

Abstract

The urgency of this research is the application of local value-based RJ in the community as an integrative mechanism in efforts to resolve disputes or conflicts in the community. This study aims to answer two legal problems, namely: the urgency of implementing RJ by adopting living law in society and the formulation of RJ implementation as an integrative mechanism that adopts living law in society as an effort to settle criminal law. This research is normative legal research by optimizing conceptual and statutory approaches. The results of the study confirm that the urgency of implementing RJ by adopting living law in society is expected so that the criminal justice system in Indonesia can run and be enforced effectively because it is based on living law which originates from people's personalities. The formulation of the application of RJ as an integrative mechanism in the criminal law settlement process is to reform the criminal procedural law through the revision of the Criminal Procedure Code by including the RJ substance which facilitates living law in society. However, because the process of revising the Criminal Procedure Code takes a long time, a transitional legal product can be formed in the form of a SKB RJ which substantially contains the principles, basis and practice of implementing RJ by facilitating living law in society in the criminal justice system.  
Implementation Of Investment Activities In The Field Tourist In The Samota Region Regency Sumbawa Diman Ade Mulada; Nizai Kusuma Wardani; Titin Nurfatlah
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.v7i1.287

Abstract

This research aims to identify and examine the arrangements and supporting factors as well as obstacles to implementing investment activities in the tourism sector in the Samota region. This normative and empirical research uses statutory, conceptual, and practical approach methods. The results of the study show that the regulations governing investment activities in the tourism sector, especially in the Samota region, Sumbawa Regency, namely: Law Number 25 of 2007 concerning Investment , Law Number 10 of 2009 concerning Tourism , Presidential Regulation Number 97 of 2014 concerning Integrated Services One Door , Government Regulation Number 50 of 2011 concerning the 2010-2025 National Tourism Development Master Plan, Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 18 of 2016 concerning Registration of Tourism Businesses , Regulation of the Investment Coordinating Board (BKPM) Number 3 of 2021 concerning Electronically Integrated Risk-Based Business Licensing System , Investment Coordinating Board ( BKPM) Regulation Number 4 of 2021 concerning Guidelines and Procedures for Risk-Based Business Licensing Services and Investment Facilities , West Nusa Tenggara Provincial Regulation Number 7 of 2013 concerning Re Regional Tourism Development Master Plan 2013-2028 , Regional Regulation of West Nusa Tenggara Province Number 3 of 2015 concerning Investment, Regional Regulation of West Nusa Tenggara Province Number 2 of 2016 concerning Halal Tourism, Regional Regulation of Sumbawa Regency Number 7 of 2018 concerning Implementation of Tourism Business as well as supporting factors that influence investors interested in investing in tourism in the Samota region, namely: the Samota region has a lot of tourism potential, there is still a lot of vacant land, the availability of supporting transportation, the availability of infrastructure and security guarantees. While the inhibiting factors for tourism investment in the Samota area are: There are many overlapping land ownership, Difficulty obtaining clean water, and lack of promotion by the Regional Government.
PERLINDUNGAN KONSUMEN TERKAIT PEREDARAN SAMPO PALSU DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Selian, Della Luysky
Unram Law Review Vol 7 No 2 (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.v7i2.277

Abstract

This research aims to examine and analyze consumer protection related to the circulation of fake shampoo in terms of Law Number 8 of 1999 concerning Consumer Protection. The method used is a normative juridical research method with a descriptive analysis research type. Conclusions from the research results: (1) Consumer protection regarding the distribution of fake shampoo can be seen from the provisions of Article 45 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and Article 1365 of the Civil Code. (2) The responsibility of business actors regarding the distribution of fake shampoo is that business actors can provide compensation to consumers related to the distribution of fake shampoo as regulated in Article 19 paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection.

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