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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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Pancasila-Based Reconstruction Of Law And Human Rights In Local Governments’ Affairs And Agencies Rachmad Safa’at; Harahab, Nuddin; Arrsa, Ria Casmi
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.v7i2.323

Abstract

As stated in Article 8 of Law (UU) Number 8 Year 1999 regarding Human Rights, the state’s government is obliged to protect and demonstrate its citizens’ Human Rights. The state shall be committed to establishing protection and implementation of Human Rights as a discourse of necessity between the State, Constitution, and Citizens. The correlation between these three is foregrounded in Article 28I Section 4 in the 1945 Constitution of the Republic of Indonesia. The law regarding the State’s obligation was later implemented by establishing the Ministry of Law and Human Rights and regional-level regulations by the Minister of Law and Human Rights Regulation Number 34 Year 2016 regarding the indicator standards of Human Rights in the Regency/Municipal levels. However, the regulation is presumably still inadequate at representing the Central Government and Local Government’s commitment to designing regulations integrating Human Rights in civil, political, socio-economic, cultural, and developmental rights. This study uses legal constructivism as its approach and aims to develop a legal system that implements principles of law and human rights in social institutions, legal institutions, social regulators, social integration, and social engineering. The results highlight the reconstruction of Law Number 23 Year 2014 regarding Local Government, which allows local government to administer Government affairs with the Minister's or Governor's joint approval. Furthermore, the Law a quo currently urges revisions in Article 12 regarding the concurrent government’s affairs on law and human rights. To achieve this, a nomenclature of provincial and regency/municipal Law and Human Rights Office (Diskumham) is on demand to handle affairs concerning law and human rights at regional levels, in accordance with Government Regulation Number 18 Year 2016 regarding Regional Agencies.
Conceptualization of the expansion of the Authority of the Supreme Court as a Dispute Settlement Institution for Authority of State Institutions outside the Constitution Bakhtiar, Handar Subhandi; Fauzan, Muhammad
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.285

Abstract

The authority to form state institutions outside the constitution, especially Non-Ministry Government Institutions (LPNK) rests with the President based on Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The formation of these state institutions is not limited as the regulation on the number of state ministries which limits the number of ministries to 34 (thirty four). This can create the potential for overlapping authorities and authority disputes between state institutions outside the constitution so that it requires a state institution that can resolve them. Based on this, this study will examine related 1) how to reconstruct the President's authority in forming state institutions outside the constitution; and 2) how to conceptualize the extension of the authority of the Supreme Court as a dispute resolution institution for the authority of state institutions outside the constitution. This study uses a normative juridical method with a statutory approach. The results of the study indicate that the President has the authority to form state institutions outside the constitution through his authority in submitting Draft Laws, forming Government Regulations in Lieu of Laws, and forming Presidential Regulations, in which there are no restrictions. Arrangements for the formation of state institutions outside the constitution must be limited as state ministries in Article 15 of the Law on State Ministries. Then the concept of extending the authority of the Supreme Court as an institution for resolving disputes over the authority of state institutions outside the constitution can be taken from the granting of authority through attribution through Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The position of the Supreme Court as a constitutional organ and institution of judicial power is independent from other powers so that it has the potential to become an institution for resolving disputes over the authority of state institutions outside the constitution
Juridical Analysis of Criminal Acts Defamation and Hoaxes Through Social Media Against Corporations in the Perspective of the ITE Law: english Kadek Wahyudi Saputra; Suparji; Anis Rifai
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.305

Abstract

This study aims to analyze the legal aspects related to crime and the implications for corporations as legal subjects. The research method used a normative juridical approach concerning various related laws and regulations, court decisions, and opinions of legal experts. The analysis results show that criminal acts of defamation and spreading hoaxes through social media can be prosecuted by the articles governing insult and defamation and spreading false information in the ITE Law. The implications for corporations are significant because defamation and the spread of hoaxes can damage a company's reputation and affect relationships with customers, business partners, and other stakeholders. Therefore, corporations need to understand legal obligations and responsibilities regarding content produced by internal and external parties related to the company. This research proposes the need for more proactive prevention efforts on the part of corporations, such as developing guidelines for the use of social media and training for employees, as well as increasing understanding of the legal implications of social media activities. In addition, updating or revising the ITE Law also needs to be considered to accommodate the dynamics of the development of social media and information technology, which are constantly changing.
Settlement of Bad Loans Through Auction Execution of Customer Rights at Bank Syariah Indonesia: english Erwin Putra Pratama; Markoni; Joko Widarto; Horadin Saragih
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.307

Abstract

Bank Syariah Indonesia (BSI) is an Islamic bank institution that provides financing to customers. BSI KCP Tangerang City, one of the sub-branch offices, needs help financing the wrong customers. The bank analyzes financing and applies collateral as collateral for customer financing. This research has a problem formulation: how to resolve lousy credit through auction execution of mortgage rights. This research used the normative juridical approach through interviews with data sources, laws, and literature studies. The results of this study indicate that BSI KCP Tangerang City applies an auction for a bad debt if the customer's financing has a bad status and is reluctant to pay his debts under Bank Indonesia Regulation No. 14/15/PB/2012 concerning Asset Quality Assessment of Commercial Banks. The bank considers the relief efforts of restructuring negotiations, such as rescheduling, reconditioning, and restructuring, given time, to the sale of collateral. The implementation and procedures of the auction are submitted to the KPKNL by the Minister of Finance Regulation Number 213 / PMK.06 / 2020 concerning Guidelines for the Implementation of Auctions. The bank conducts collateral credietverband; the sale proceeds are handed over to the customer after deducting KPKNL fees. The bank needs to review the application of the prudential principle, 5C, 7P, and 3R credit analysis to minimize lousy credit. Customers are advised to be able to reconsider the feasibility of their ability before applying for credit from the bank.
Legal Protection For Breastfeeding Female Drug Concerts And The Children Of Prisoners (Study At Class Iii Women's Correctional Institution Mataram) Amiruddin; Rodliyah; Pancaningrum, Rina Khairani
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.309

Abstract

Perpetrators of criminal acts may be of any gender, as criminal behavior is not limited by gender. When offering protection and support to women who commit crimes, especially those who are breastfeeding, it is crucial to recognize the inherent differences between men and women. It is essential to consider the legislative policy regarding female drug convicts who breastfeed and the children of prisoners in correctional institutions, along with the practical implementation of this policy at the Mataram Class III Women's Correctional Institution. It is crucial to recognize the impact of a mother's presence and living conditions on a child's growth and development. Given the context, it is prudent for the author to conduct a comprehensive review of the imprisonment policy for women convicted of narcotics offenses, especially those who are breastfeeding, and the children of incarcerated individuals. The research methodology employed in this study is normative-empirical legal research, utilizing three distinct approaches: the statutory approach, the conceptual approach, and the sociological approach. The legislative policy regarding female drug convicts who are breastfeeding and the children of prisoners in Correctional Institutions is outlined in Article 9 and Article 62, Paragraphs (1), (2), and (4) of Law Number 22 of 2022 concerning Corrections. The implementation of policies concerning female drug convict mothers who are breastfeeding and their children at the Mataram Class III Women's Penitentiary refers to Law Number 22 of 2022 on Penitentiaries, Government Regulation Number 32 of 1999 concerning the Requirements and Procedures for Implementing the Rights of Inmates, and Law Number 23 of 2002 concerning Child Protection.
Legal Protection for Nature Reserves As Providers Of Watering Needs For Food Security Anwar, Jarkasi; Muslih, Muhamad
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.312

Abstract

The growth of online buying and selling transactions in the business world in Indonesia needs legal protection for the parties. Legal protection issues in the e-commerce sector, include issues regarding the rights of parties, especially consumers of buying and selling online. This research aims to determine the extent to which online transactions for buying and selling are protected by consumer law and the legal efforts that consumers can take if there is fraud in online transaction. The research method used in this Article is a normative juridical research method. This research is qualitative descriptive. Data used in this research is secondary data which covers Primary, secondary, and tertiary laws. Data collection is a library technique. Qualitative description is used as a data analysis technique. The findings of this research and discussion determine that the legal protection for consumer in an online transaction is provided in Law Number 19 of 2016 concerning Information and Electronic Law and Law Number 8 of 1999 concerning the Protection of Consumers. The protection for consumers is supported by the involvement of various government agencies, national consumer protection agencies, and non-government consumer protection agencies. Conflicts related to non-fulfillment of obligations can be resolved using litigation and non-litigation lawsuits.
ASPEK HUKUM PENGEMBANGAN USAHA KELOMPOK USAHA PERHUTANAN SOSIAL (KUPS) KELOMPOK TANI HUTAN (KTH) TIRTE URIP LOMBOK TENGAH NTB Raodah, Putri; Mulyana, Septira Putri; Fathoni, Lalu Achmad; Wardani, Nizia Kusuma
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.318

Abstract

This research examines the legal aspects of SFBGs business development at FFGs Tirte Urip. Increasing institutional capacity is needed to develop the SFBGs business at FFGs Tirte Urip. The method is that the SFBGs at FFGs Tirte Urip must prepare and ratify the SFBGs management plan document and SFBGs internal regulations. Implementation must be carried out towards integrated efforts to assist SFBGs business development by various parties. Villages must include SFBGs business development efforts in the VMTDPs (Village Medium Term Development Plan), VGWPs (Village Government Work Plan) Village Regulations, and Rambitan Village APBDes. Hence, Rambitan village government has a legal basis for taking a position as the leading actor driving efforts to develop the SFBGs business. The specificity of SFBGs business development at FFGs Tirte Urip is the inclusion of FFGs Tirte Urip in the Mandalika Agroforestry IAD; this is an integrated and collaborative program between ministries/agencies, provincial, district/city governments, and related parties as stated in Presidential Decree 28/2023. So, the SFBGs at FFG Tirte Urip must take a lot of initiative to implement Article 12 and the social forestry acceleration action plan listed in the attachment to Presidential Decree 28/2023.
Analisis Yuridis Putusan Nomor 811 K/Pdt.Sus-Hki/2021 Tentang Sengketa Merek Yang Memiliki Persamaan Pada Pokoknya Arif Prasetyo, Muhammad; Rodiatun Adawiyah; Mahulae, Rivka Natauli; Masniar Nainggolan
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.321

Abstract

Brand similarities are regulated in brand law which often occurs in various places, especially in Indonesia. Based on this research, these similarities are in the form of similar image elements, similar sounds, similar letters or words, names, numbers, colors, etc. in the form of an arrangement or combination of the arrangement of these elements, whether in the form of goods or services, whether dissimilar or similar and based on general public knowledge, the quality of the mark obtained due to holding very large promotions and followed by proof of registration of the mark itself in various country.This research aims to understand the types of brand violations that have fundamental similarities with other brands and to find out the sanctions that will be given to perpetrators who commit similarities with other brands. This research also aims to understand the legal consequences for perpetrators who use brands that have fundamental similarities with other brands. This study uses a normative or doctrinal method and uses a statute and conceptual approach. The study concluded that The Timberlake brand had violated the Brand Law, namely by having essential resembles with the Timberland brand, which includes pronunciations, product classification, and visual aspects. The judge’s verdict was that the Timberlake was guilty of Trademark violation and was obliged to compensate the plaintiff
Analysis Of The Impact Of Changes In The Negative Investment List On The Film Industry In Indonesia Hendri
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.324

Abstract

This study aims first to understand the implementation of Presidential Regulation Number 44 of 2016 for the film industry in Indonesia and, secondly, to identify and assess the impact of changes in the negative investment list on the film industry in Indonesia. The study utilizes a normative juridical research methodology, combining legal and conceptual approaches. The findings indicate that enforcement of Presidential Regulation Number 44 of 2016 in the Indonesian film industry resulted in the absence of international film companies operating in Indonesia before the regulation was implemented. However, this situation changed after films were removed from the Negative Investment List (DNI) as stipulated in Presidential Regulation Number 44 of 2016, an amendment to Presidential Regulation Number 39 of 2014 regarding categorizing closed and open business sectors with investment requirements. Modifying the negative investment list for the film industry in Indonesia has both positive and negative consequences. On the positive side, it has increased foreign investment, contributing to economic growth. Conversely, local investors need help competing with foreign investors due to financial resource disparities. The implementation of Presidential Regulation No. 44 of 2016 has had a significant impact on the investment landscape. Specifically, there has been an increase in foreign capital investment. However, it is worth noting that the number of Foreign Direct Investment (FDI) projects exceeds that of Domestic Direct Investment (DDI) projects. This difference can be attributed to the inability of domestic investors to compete effectively in the market.
Perlindungan Konsumen Data Pribadi Nasabah Bank Syariah Indonesia ditinjau dari POJK Nomor 6/POJK.07/2022 Amandha Bayu Wiedyasari; Wardah Yuspin
Unram Law Review Vol 8 No 1 (2024): 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.v8i1.331

Abstract

This research aims to study and analyze the legal protection of customer personal data of banks reviewed in POJK No. 6/POJK.07/2022 and the case of leakage of customer personal data of Bank Syariah Indonesia viewed in POJK No. 6/POJK.07/2022. The method used is qualitative research with a normative legal approach. The results show that 1) personal data is data about an individual who is identified or can be identified that needs to be protected. From personal data, private information about an individual can be obtained, which needs to be protected by banking institutions as institutions that rely on public trust for their sustainability. The leakage of customer personal data has legal protection for consumers and the public, as outlined in OJK Regulation No. 06/POJK.07/2022 concerning Legal Protection in the Financial Services Sector, aimed at strengthening consumer protection aspects, including the protection of bank customer personal data as financial service consumers. This regulation emphasizes the prohibition of providing consumers' personal data to third parties. This regulation includes rules on legal sanctions for parties that fail to comply with the provisions, such as provisions regarding the prohibition for financial service providers to misuse consumers' personal data or information. Sanctions imposed include administrative sanctions and nominal fines. 2) Cases of leakage of customer data from Bank Syariah Indonesia can be pursued legally for the leakage of customer personal data in banking services against cybercrimes, according to Article 1 of POJK No. 6/POJK.07/2022. PT. Bank Syariah Indonesia must compensate customers for damages caused by system malfunctions and unlawful acts (PMH) according to Article 11 of POJK No. 6/POJK.07/2022 regarding the prohibition of providing consumers' personal data and/or information. Bank Syariah Indonesia must be responsible for the leakage of customer data without the need for proof of fault, as sanctions for data breaches have been regulated in Article 3, paragraph 3, of POJK No. 6/POJK.07/2022.

Page 14 of 19 | Total Record : 181

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