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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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Penyelesaian Permohonan Pailit Melalui Instrumen Insolvency Test Sebagai Perlindungan Hukum Bagi Pihak Terkait Dalam Kepailitan Muhammad Dito Zakharia; Ahmad Syaifudin; Benny Krestian Heriawanto
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.397

Abstract

Indonesian law has undergone several revisions. Still, with the various revisions, according to the author, it has not provided maximum legal protection and legal certainty to the parties involve in bankruptcy law itself, on the other hand, the Indonesian bankruptcy law regulation is more likely to favor the interests of creditors, can prove this that the bankruptcy law regulation in Indonesia does not require a minimum amount of receivables and does not regulate insolvency requirements. Regarding the lack of regulation of insolvency requirements in bankruptcy applications, this harms debtors who are still solvent as they can be filed for bankruptcy. There is a need for an insolvency test to determine whether the debtor is solvent or insolvent. With the implementation of the insolvency test the bankruptcy legal regime is appropriate because, under it only debtors who are genuinely unable to pay debts can be terminated by bankruptcy given the principle of insolvency. Therefore, implementing the insolvency test in bankruptcy law in Indonesian will provide legal certainty for debtors and protection to solvent debtors. In conducting this legal research, a normative juridical methodology was employed, drawing on statutory conceptual, and comparative approaches.
Kesejahteraan Tenaga Pendukung: Perspektif Regulasi Ketenagakerjaan di Sekretariat DPRD Provinsi Kepulauan Riau Reindra, Nanda; Nurlaily
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.401

Abstract

The welfare of support workers plays a crucial role in ensuring efficient public service delivery, particularly within governmental institutions such as the Secretariat of the Regional People’s Representative Council (DPRD) of Riau Islands Province. This study examines the welfare conditions of support workers through the lens of labor regulations, analyzing the extent to which existing policies provide adequate protection, fair wages, job security, and social benefits. By employing a normative juridical approach and qualitative analysis, this research explores the alignment between local labor policies and national laws, identifying gaps and challenges in implementation. Findings indicate that while Indonesia's labor regulations provide a legal framework for worker welfare, practical enforcement remains inconsistent, often resulting in wage disparities, contractual employment terms, and access to social security benefits for support staff. The study highlights the need for policy adjustments and stricter regulatory oversight to enhance the welfare of support workers in government institutions. Recommendations include strengthening legal enforcement improving contractual protections, and promoting equitable labor policies to ensure fair treatment and sustainable livelihoods for support workers.
Pelayanan Korban Pelecehan Seksual Terhadap Anak Di Provinsi Kepulauan Riau: Fakta Dan Tantangan Shendy Devendra Armaya; David Tan; Triana Dewi Seroja
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.403

Abstract

Child sexual abuse is a serious phenomenon that continues to increase in the Riau Islands Province. To address this problem, the government has formed the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA), tasked with providing protection and services to victims. This study aims to evaluate the extent to which UPTD PPA services are effective in handling cases of child sexual abuse, identifying obstacles, and formulating solutions to improve the quality of services.In its implementation, this study used an empirical legal method through a qualitative approach and collected primary data through interviews and observations and secondary data from documents and statistical reports. The research findings revealed that UPTD PPA has attempted to provide legal, psychological, and social services to victims, but its effectiveness is hampered by a lack of trained staff, inadequate facilities, suboptimal cross-sectoral coordination, and low public awareness of the rights of child victims. In addition, social stigmatization and obstacles in providing legal evidence exacerbate victim trauma and hinder the recovery process.This study emphasizes that increasing the capacity of companions, inter-agency coordination, public education, and accelerating the legal process are very important to optimize protection and services for child victims of sexual abuse. It is hoped that the implementation of these recommendations will increase the role of UPTD PPA in creating a safe environment and supporting victim recovery.
The Strategic Role of Mediators in Resolving Domestic Conflicts and Preventing Divorce Muzhar, Rasyid
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.405

Abstract

Marriage is for life, but reality is not always in line with expectations. Households will always be hit by problems, when a husband and wife are able to face them and find solutions, then the household will last. However, if the opposite happens, then the household will end. One of the causes of disputes in the household is due to violence. Violence in various forms in the household can come from the husband or wife or children, but women are often the victims. Therefore, mediation efforts by a mediator are very necessary as a mediator and peacemaker. Even though the mediator is not the only person who determines the success of mediation, the mediator's role in the mediation process is very determining. Mediators who act as mediators or judges must equip themselves with abilities that include basic skills and the ability to understand the character of the parties being mediated. Apart from ability, you must also have strong determination and sincerity which is manifested in seriousness to reconcile.
PENYALAHGUNAAN POSISI DOMINAN OLEH GOOGLE DALAM SISTEM PEMBAYARAN APLIKASI DI INDONESIA Hutabarat, Sylvana Murni Deborah; Muhammad Syahrul Ramadhan
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.413

Abstract

The development of the digital economy in Indonesia has reinforced Google’s dominance through the Google Play Store as the primary platform for application distribution among Android users. Google’s policy mandating the use of the Google Play Billing System (GPBS), with service fees of up to 30%, has raised significant legal and economic concerns. This study analyzes Google’s dominance within Indonesia’s application ecosystem under Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Employing a normative juridical method, this research adopts statutory, conceptual, and case-based approaches to evaluate whether Google’s policy constitutes an abuse of dominant position. The findings reveal that with a market share exceeding 90%, Google satisfies the criteria for a dominant position as stipulated in Article 25 of Law No. 5 of 1999. The restriction of alternative payment systems and imposition of high service fees potentially hinder competition and harm local application developers. The decision by the Indonesian Competition Commission (KPPU) to sanction Google reflects an effort to enforce the law and foster a fairer digital ecosystem in Indonesia.
Sovereign Wealth Fund (SWF): Comparison between Indonesia, Singapore and Malaysia Vincent Guo; Rouli Anita Velentina
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.435

Abstract

Sovereign Wealth Fund (SWF) is a state-owned investment institution that is professionally managed to secure financial surpluses, such as natural resource revenues or foreign exchange reserves. SWF aims to support economic stability, income diversification, and long-term development. Since 2020, the Indonesian Government has begun to strengthen the direction of its investment policy by establishing national SWFs, namely the Indonesia Investment Authority (INA) and Daya Anagata Nusantara (Danantara). The establishment of these two institutions is based on regulations such as the Job Creation Law, the BUMN Law, and their implementing regulations. In a global context, the concept of SWF has developed since 1953 and is standardized through the Santiago Principles by the IMF and the International Forum of Sovereign Wealth Funds. This study aims to examine the structure, role, and effectiveness of Indonesia’s SWF, and compare it with the SWF models in Singapore (Temasek and GIC) and Malaysia (Khazanah and 1MDB). Through a comparative approach, this study provides a more comprehensive picture of Indonesia’s position in SWF management and lessons learned from successful and failed SWFs in neighboring countries.
Status Hukum Pengungsi di Indonesia: Antara Pihak Non-Negara dan Prinsip Non-Refoulement Beni Prawira Candra Jaya; Zainal abdul aziz hadju; Vincent Godana Yatani; Ninin Ernawati
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.436

Abstract

Indonesia is a country that is geographically strategic in the flow of global migration, but until now it has not been a party to the 1951 Refugee Convention or the 1967 Protocol. This non-binding has created uncertainty in the legal status and protection of international refugees in Indonesian territory. This article discusses how Indonesia, as a non-state party, continues to implement the principle of non-refoulement which is part of customary international law. Through a normative legal approach, this article examines national regulations such as the Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees, and Indonesia's cooperation with UNHCR in the process of Refugee Status Determination. The findings show that despite not being conventionally bound, Indonesia has demonstrated compliance with basic humanitarian principles, including the prohibition of forced return of refugees to countries of origin. However, the absence of a national asylum legal system has limited legal protection, access to basic rights, and long-term certainty for refugees. Therefore, it is necessary to strengthen the domestic legal framework in order to provide legal certainty and align national policies with international protection standards. This study offers novelty by examining the legal position of refugees in Indonesia from the perspective of a country that is not a party to the 1951 Refugee Convention, but still applies the principle of non-refoulement as part of customary international law. Unlike previous studies that only highlight the role of UNHCR or the humanitarian aspect, this article emphasizes the importance of establishing a domestic legal framework as a form of state commitment in filling the gap in asylum law and providing certainty of long-term protection for refugees.
Socio-Legal Analysis of Letter C in Ulayat Land Transactions Among Indigenous Communities Sukirman; Muammar Alay Idrus; Hairul Maksum
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.440

Abstract

Ulayat land transactions based on the Letter C document remain prevalent in many parts of Indonesia, despite lacking explicit recognition in the national land law framework. This article aims to analyze the legality of customary land transactions using Letter C within both customary and national legal perspectives. Employing a socio-legal research method—which combines normative legal analysis with empirical field data collection through interviews and observation—this study examines how legal pluralism shapes the coexistence of state and customary land systems. The findings reveal that Letter C holds strong social legitimacy at the community level due to its historical, administrative, and symbolic functions. Although weak under national law, courts often consider Letter C as supporting evidence in land disputes, consistent with Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021, which acknowledge written documents as indicative evidence of land ownership. Transactions are regarded as valid under customary law when they meet the principles of konkret, kontan, and terang, and receive approval from customary leaders and village authorities. In conclusion, while existing recognition remains limited, the future legal framework should explicitly regulate the evidentiary status of Letter C—either as a complementary proof integrated into the national land information system or as a transitional instrument toward formal certification—to reduce agrarian conflicts and strengthen legal protection for indigenous communities.
Rethinking Blue Carbon: Between Climate Finance and Social Equity in Coastal Communities Mentari, Nikmah; Ilham Dwi Rafiqi; Putu Narayana Mahagotra
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.447

Abstract

Blue carbon ecosystems—such as mangroves, seagrasses, and tidal marshes—are increasingly recognized as vital natural carbon sinks in global climate change mitigation efforts. This recognition has triggered a surge in climate finance initiatives targeting coastal areas, promising both ecological restoration and economic benefits. However, the implementation of blue carbon investment schemes often reveals a paradox: while these projects are framed as climate solutions, they frequently marginalize coastal communities, restrict access to traditional resources, and concentrate benefits among powerful stakeholders. This article critically examines the intersection of blue carbon finance and social equity, with a specific focus on legal and policy frameworks in Indonesia, complemented by comparative insights from global practices. Using a normative legal research, the study analyzes the gaps in existing regulatory instruments, the limitations of community participation, and the risks of “carbon colonialism” embedded in current investment models. This article uses a conceptual approach and a statutory approach. This research focuses on blue carbon management as one of the investment products in the carbon exchange with the type of SPE-GRK. It argues that for blue carbon to serve as a tool for climate justice, reforms must ensure fair benefit-sharing, community-driven governance, and legal safeguards that protect the rights of coastal populations. The article concludes by proposing a rights-based and inclusive framework for blue carbon policies that aligns environmental goals with social equity imperatives.
Legal Analysis of the Impact of Law Enforcement on Fraud Perpetrators in the JKN Program: Analisis Yuridis Pengaruh Penegakan Hukum Terhadap Pelaku Kecurangan (Fraud) Dalam Program JKN Wulandari, Anggi Yudistia
Unram Law Review Vol 9 No 2 (2025): 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.v9i2.451

Abstract

BPJS Kesehatan, which runs the JKN programme, has the largest number of participants in Indonesia, with 98.21% of the Indonesian population enrolled as of 1 June 2025. The objective of the JKN programme is to provide the public with access to affordable and quality health services. There are many debates and issues faced in maintaining the sustainability of the JKN programme, one of which is fraud committed by health facilities. The absence of sanctions or firm action against perpetrators of fraud encourages them to repeat their actions. This study aims to analyse the effect of law enforcement on perpetrators of fraud. This study uses a normative juridical method with a statute approach and a conceptual approach. The research approach was conducted by examining various legal reference materials (secondary data). The results of the study show that law enforcement against fraud perpetrators as stipulated in Minister of Health Regulation (Permenkes) No. 16 of 2019 has not had a deterrent effect and taken firm action against perpetrators because the sanctions imposed are only administrative in nature, such as verbal and written warnings, compensation and revocation of licences, and the types of fraud that need to be updated. Based on legal analysis, efforts are needed to reform sanctions against fraud perpetrators and to clearly divide tasks among PK JKN team members. Support from the entire JKN ecosystem is also needed in enforcing sanctions against fraud perpetrators. Stronger regulations will reduce the desire to commit fraud in JKN and combat fraud.

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