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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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TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN BERTRANSAKSI JUAL BELI SECARA ONLINE Wahyu Nugroho, Patricia Amara; Enggarani, Nuria Siswi
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.v8i1.332

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.
PERLINDUNGAN HUKUM HUTAN BAKAU/MANGROVE DI WILAYAH PESISIR PANTAI TELUK BIMA Arba, Arba; Sudiarto; Munandar, Aris
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.v8i1.337

Abstract

Mangrove forests, as a natural resource, are essential for human life, from economic, cultural, tourism, religious, environmental, and health aspects. This research aimed to study and analyze the forms of legal protection for mangrove forests in the coastal area of Bima Bay and to study and analyze the efforts made by the Bima City and Regency governments to protect mangrove forests along the Asakota coast. This research was empirical legal research; the methods used were the statutory, conceptual, and Socio-legal approaches. Legal materials and data sources used were from library materials consisting of primary, secondary, and tertiary legal materials and field data in the form of primary and secondary data. Analysis using descriptive qualitative. The results show that the government's legal protection of mangrove forests, including the mangrove forest areas in the coastal area of Bima Bay, includes preventive and repressive legal protection. Preventive legal protection is carried out by establishing legal rules, socializing and implementing legal rules, and implementing supervision. Meanwhile, repressive legal protection is by law enforcement and legal sanctions to legal entities or individuals who use mangrove forest areas in the coastal area of Bima Bay without permission. The efforts made by the Bima City and Bima Regency governments to protect mangrove forests along the coast of Asakota are by educating people to be more aware of the contribution of mangrove forests for human life and the environment; Carrying out rejuvenation by replanting in damaged areas and new areas along the coast of Bima Bay, as well as maintaining and protecting the existence of mangrove forests with the central government.
Arbitrase Blockchain dalam Prinsip Kerahasiaan dan Ketidakberpihakan: Lex Digitalis Arbitri Shiddiq, Naufal; Budhijanto, Danrivanto; Maulana, Mursal
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.v8i1.339

Abstract

Kleros blockchain arbitration presents a promising solution for faster, more cost-effective, and more secure arbitration in digital environment. However, it comes with significant challenges; confidentiality and impartiality. Arbitration is often chosen due to its confidentiality. Examining Kleros’ blockchain arbitration, it becomes apparent that the platform lacks of confidentiality regime and therefore raising a number of probable issues. The anonymity of Kleros jurors complicates the matters, makes it challenging to establish trust, legally bind jurors, monitor compliance, and address potential jurors’ misconduct. Additionally, jurors’ anonymity prohibits disclosure of pertinent information, which may  rise  justifiable doubts, thereby resulting in jurors’ impartiality are questioned. Therefore, this article advocates for Kleros to reconsider their strict anonymity policy and to introduce confidentiality and impartiality provisions in order to align more with the established legal practices in digital arbitration environment (Lex Digitalis Arbitri).
ESG Integration In SOEs: Transformation of Environmental Protection and Embodiment of Sustainable Business in SOEs Diva Nur Amartha Suci; Meliaila, Aurora Jillena
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.v8i1.358

Abstract

Climate change carries enormous risks and threatens the lives of many people. Environmental damage not only endangers living creatures, but risks causing business losses. Therefore, there is a demand from the public and investors to publish sustainability reports. The disclosure of a sustainable report not only acts as a tool to maintain reputation, but also as a form of evaluation of business activities that have been carried out in a certain period of time. Apart from that, sustainability principles are not only used as a reporting reference, but are also used as a consideration in making business and investment decisions. As a member country of the UNFCCC, Indonesia has a target to contribute to overcoming climate change. State-Owned Enterprises, which are large state-owned business conglomerations, should integrate ESG aspects as a consideration for their business operations. As mandated by Article 33 of the Constitution of the Republic of Indonesia, SOEs have control over businesses in sectors that cover the lives of many people. Through Glasgow COP26, IFRS has published ISSB as a reference in forming sustainability reports. This is a response to the systematic misalignment of sustainability reporting that exists throughout the world. Therefore, an international standardization is needed which can be used as a reference. In this case, SOEs should adopt these international standards in connection with the absence of regulations that specifically regulate the obligation for SOEs to carry out environmental considerations. This article aimed to discuss the regulatory status quo that applies in the context of implementing ESG and how ESG will later be integrated as a form of realizing sustainable business.
Legal Protection of Consumers from Personal Data Security Risks, Threats of Fraud and Phishing (Cybercrime) in E-Wallet Payment Systems Prayuti, Yuyut; Lany, Arman; Marpaung, Yohan Edward; Lorentzon, Elmend
Unram Law Review Vol 8 No 2 (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.v8i2.354

Abstract

In the era of financial technology, e-wallets have become a popular payment tool among e-commerce users aged 19-45. However, e-wallets face security issues, such as breach cases that harm users. Regulations such as PBI Number 20/6/PBI/2018 and POJK No. 6/POJK.07/2022 require organizers to ensure security and consumer protection, but their implementation is still in doubt. The purpose of this study is to analyze the legal protection of consumers from the risk of personal data security, the threat of fraud, and circumvention (cybercrime) in the e-wallet payment system. The method used in this research is normative research. Based on the principle of legality, cybercrimes such as data theft have violated the ITE Law, therefore a person's personal data must be protected according to the Ministry of Communication and Information and Bank Indonesia Regulations. According to Philipus M. Hadjon's theory of legal protection to overcome legal problems such as data theft on e-wallets, preventive and repressive measures are needed.
KEDUDUKAN PENGEMBANG DALAM PELAKSANAAN JAMINAN PEMBELIAN (BUYBACK GURANTEE) KEMBALI SEBAGAI AKIBAT GAGAL BAYAR DEBITUR PADA KREDIT KEPEMILIKAN APARTEMEN Idrian; Lutfi, Anas
Unram Law Review Vol 8 No 2 (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.v8i2.355

Abstract

The need for housing in urban areas with limited land encourages the development of integrated housing with business centers, supported by banks that offer Apartment Ownership Loans. Banks play an important role in channeling public funds, facilitating financing that benefits banks, developers, and buyers. However, consumers often experience defaults. The Repurchase Guarantee Agreement allows the developer to buy back the sold unit as per Article 1519 of the Civil Code. Although consumer rights are often discussed, the rights of developers who comply with regulations receive less attention. This research aims to identify and analyze the implementation of the repurchase guarantee, the underlying factors of the repurchase guarantee, the legal framework for the implementation of the repurchase guarantee, as well as efforts to resolve disputes between developers and debtors related to the implementation of subrogation deeds. This research uses a normative juridical method. Data sources include primary legal materials (such as the Civil Code and several related laws), secondary legal materials (textbooks and law journals), as well as non-legal materials (dictionaries and encyclopedias). Data analysis techniques include identification of legal facts, collection of relevant materials, review of legal issues, drawing conclusions, and providing prescriptions, using the deductive method.
Legal Protection of Patients Who Do Care in Dental and Oral Therapists Based on Permanence No. 20 of 2016 on Permission and Maintenance of Dental Therapist Practice Putu Ria Purnami; Purwani, Sagung Putri M.E; Kartika, I Gusti Ayu Putri; Adiyaryani, Ni Nengah
Unram Law Review Vol 8 No 2 (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.v8i2.359

Abstract

The field of health is one that is given authority by the government in carrying out the service by dentists and oral therapists. The purpose of this paper is to analyse the legal protection of patients in dental and oral therapy, as well as the legal authority and responsibility of oral and dental therapists in providing care in accordance with their competence. This study utilizes normative law. Using a Legal and Conceptual Approach to Primary Legal Materials, Secondary Law Materials, and Tertiary Legislative Materials. The Consumer Protection Act does not fully implement the legal protection for consumer patients against dental and oral therapy practices. The authority of dental and oral therapists has been regulated in Permenkes 20 of 2016, but in practice, it is not implemented in accordance with the competence and provisions in force. The dental and oral therapist's responsibility to the patient is to give only painkillers, refer to the dentist, and provide compensation according to the rules in force.
Power Relations in Domestic Violence in West Lombok Regency Nurfatlah, Titin; Dudy, Aryadi Almau; Ashady, Suheflihusnaini; Taufik, Zahratul’ain
Unram Law Review Vol 8 No 2 (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.v8i2.365

Abstract

This research aims to examine cases of domestic violence in West Lombok Regency and explore the connection between power relations and domestic violence in the region. The research methodology employed is empirical legal research, utilizing several approaches, namely the statutory approach, the conceptual approach, and the sociological approach. The findings reveal that from 2023 to July 2024, there were 37 reported cases of domestic violence in West Lombok Regency. These cases include physical abuse, psychological abuse, sexual violence, and neglect within households. The victims are predominantly women, particularly wives, and children. The factors influencing the relationship between power dynamics and domestic violence include gender bias and the authority or power held within the household. In terms of power relations, husbands tend to exert high levels of conflict, control, and violence over their wives. The power wielded by the husband often oppresses members of the household, creating a power imbalance that adversely affects both wives and children. Furthermore, the patriarchal system, which grants husbands the authority to make all household decisions, exacerbates this imbalance. The power held by husbands often manifests in abusive behaviour, regardless of the family's economic standing. Even those with sufficient economic means and social status can engage in domestic violence, driven by the belief that, as the head of the family, the husband has the right to do so.
Legal Analysis Of The Substance Of Inheritance Law (Comparative Study Between The Indonesian Civil Code And The Dutch Civil Code) Djumardin; HS, Salim; Sili, Eduardus Bayo
Unram Law Review Vol 8 No 2 (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.v8i2.366

Abstract

The aims to study is to examine and analyze the inheritance distribution pattern regulated in the Indonesian Civil Code, the inheritance distribution pattern according to the Dutch NBW, the differences and similarities between the inheritance distribution pattern stated in the Civil Code and the Dutch NBW, and the preparation of teaching materials for “Inheritance Law”. The inheritance law currently in force in Indonesia no longer follows the development of applicable laws worldwide. In contrast, in other countries, such as the provisions of inheritance law in the Netherlands, it has been stipulated in a new law called the Dutch NBW. Therefore, it is necessary to conduct a comparative study between Indonesian inheritance law and the Dutch NBW. The methods used are presented below. This type of research is normative legal research. The approaches used in this study are the statute and comparative approaches. The data sources come from library data, and the legal materials are primary, secondary, and tertiary. The data collection technique uses interviews and documentary studies. The data analysis uses qualitative analysis. The study results show that the heirs entitled to receive an inheritance in the Indonesian Civil Code are primarily legitimate children, illegitimate children, and the most extended surviving husband or wife. The heirs who are entitled to receive inheritance in the Dutch Civil Code consist of the husband/wife of the testator who is not separated according to law and his/her children, the parents of the testator with brothers and sisters, the grandparents of the testator; and the great-grandparents of the testator. The similarities between the heirs entitled to receive inheritance between the Indonesian Civil Code and the Dutch Civil Code are that legitimate children and husband/wife are entitled to receive inheritance.
Settlement of Criminal Offences Based on Victim Recovery and Protection Through the Village Krama Assembly (A Study in Sesait Village, North Lombok District) Nirmala, Atika Zahra; Rahmania, Nunung; Taufik, Zahratul'ain
Unram Law Review Vol 8 No 2 (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.v8i2.367

Abstract

This research aims to explore the case settlement mechanism through MKD, specifically examining the forms of recovery and victim protection provided by MKD. This empirical legal study adopts a socio-legal approach and employs case studies. The findings reveal that the criminal case resolution process through MKD starts with a report, followed by verification and the scheduling of a meeting by MKD. A mediation process then takes place, where if the parties agree to reconcile, MKD drafts a peace deed. If not, minutes are prepared, and MKD advises the parties to pursue formal legal channels. In terms of victim recovery and protection, particularly in domestic violence cases, during mediation, the victim is kept separate from the perpetrator to prevent further violence, intimidation, or third-party intervention. Should reconciliation be reached, a peace deed is drawn up, stipulating that if the perpetrator repeats their actions, litigation will follow immediately. This approach serves to deter future offenses and safeguard victims. Given the Sesait village community's strong adherence to customary law, perpetrators who sign a peace deed are also subject to traditional sanctions imposed by tau loka empat. These sanctions aim to restore relationships between the parties and reintegrate harmony within the community. The sanctions not only reduce the stigma surrounding the perpetrator but also provide support to the victim. Thus, the recovery concept in the Sesait community extends beyond the victim to include the perpetrator and the broader community.

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