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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 199 Documents
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Anticipatory Governance In Land Readiness Policy For Addressing The 2045 Demographic Bonus Surge Yuswanto, Slamet; Tjenreng, M.B. Zubakhrum
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.v9i2.453

Abstract

Indonesia’s projected demographic bonus, expected to peak in 2045, presents both an opportunity and a major challenge for land availability to support housing, industrial development, and food security. This study aims to analyze the readiness of government policies in anticipating land demand amid the demographic bonus, identify the gap between existing regulations and empirical conditions, and formulate strategies based on the concept of anticipatory government. The research employs a qualitative descriptive method with a normative juridical approach through a review of policy documents, statutory regulations, and relevant academic literature. The findings reveal that although the government has developed long-term planning documents such as the National Long-Term Development Plan (RPJPD) 2025–2045 and the Grand Design of Population Development (GDPK) 2010–2035, their implementation faces persistent challenges in institutional coordination, regulatory enforcement, and the high rate of productive land conversion. The discrepancy between legal norms and field practices indicates that spatial planning policies remain reactive rather than forward-looking. The proposed anticipatory government strategy encompasses three key dimensions: (1) long-term projections based on demographic and spatial data; (2) policy innovations, including vertical housing and land-use conversion control; and (3) multi-actor participation through collaborative governance. Implementing these strategies is expected to strengthen the integration of spatial planning, food security, and social welfare policies, ensuring that Indonesia’s demographic bonus in 2045 becomes a driver of sustainable development rather than a demographic burden.
Kekuatan Mengikat Perjanjian Internasional dan Hukum Kebiasaan Internasional: Analisis Perbandingan Monica Viny Angraini; Grace Putri Waghe; Ria Wierma Putri; Le Thi Minh Phuong
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.v9i2.417

Abstract

International treaties and customary international law are two main sources in the international legal system. Both have the function of regulating relations between countries and international actors, but there are differences in the mechanisms of formation and its binding force. This study contributes to fill the analytical gap in previous comparative works by examining how legitimacy and enforceability differ under modern international adjudication contexts.Using normative legal research methods, specifically the statute approach and conceptual analysis, an analysis is conducted on the legal principles, doctrines, and practices of states to understand how the legitimacy and effectiveness of both are recognized in the international legal system.. The results of the study show that international treaties generally have more explicit and specific binding force because they are based on the formal agreement of the parties, while customary international law is binding based on general practices accepted as law (opinio juris). However, in certain situations, customary law can apply more broadly, including to countries that are not parties to an agreement. This study emphasizes the importance of understanding the interaction between the two in an effort to maintain legal certainty and stability of international relations.
Gender Discrimination in Artificial Intelligence: An International Human Rights Law Perspective and the Quest for Binding Regulation Ayu Riska Amalia; Diva Pitaloka; Adhitya Nini Rizki Apriliana
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.v9i2.450

Abstract

Artificial intelligence (AI) has transformed and reshaped the way people work and interact. While AI provides convenience, it also poses significant challenges to human rights, particularly gender equality. The use of AI in recruitment processes, healthcare diagnosis, and discriminatory content moderation illustrates how it can exacerbate existing inequalities. This study employs a normative juridical method with a qualitative approach, analyzing primary instruments of international human rights law such as the Universal Declaration of Human Rights (UDHR),the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It also examines non-binding frameworks, namely the UNESCO Recommendation on the Ethics of AI and the OECD AI Principles, and compares them with the binding EU AI Act. The findings indicate that AI has the potential to violate fundamental rights of women, including the rights to equality and non-discrimination, work, privacy, health, participation in public and political life, as well as representation and identity. Furthermore, soft-law mechanisms remain insufficient to prevent gender bias, as their implementation relies heavily on states’ political will. Nevertheless, states have a positive obligation under international law to respect, protect, and fulfil the right to equality; thus, a binding international legal framework is urgently needed to ensure accountability and gender-sensitive AI governance.
Credit relaxation Policy Affected by Covid-19 at Bank BRI Nogotirto Unit Shiddiq, Muhammad Jauhar; Muhammad, Danang Wahyu
Unram Law Review Vol 5 No 1 (2021): 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.v5i1.152

Abstract

This research purpose to determine the implementation of relaxation policies based on POJK No.II / POJK.03/2020 and to examine the apply the precautionary principle (prudential principal) after the issuance of POJK No.II/POJK.03/2020 on Bank BRI Nogotirto Unit. This is using empirical juridical method with qualitative analysis then inductive caption testing is carried out on the latest facts contained in societyThe results of this show indicate that the implementation of the relaxation policy at the BRI Nogotirto Unit is in accordance with POJK No.II/POJK.03/ concerning 2020 National Economic Stimulus related to the requirements and procedures for applying for credit restructuring, namely the the debtor is experiencing payment difficulties (principal and/ or interest on credit), the debtor has good business prospects, shows good faith and is willing to fulfill credit obligations after restructuring. The implementation of the banks prudential principle (prudential principal) after the POJK was enforced at the Bank BRI Nogotirto uinit by mapping the affected customers according to the categories regulated by POJK, carrying out a restructuring scheme based on the decrease in turnover due to Covid-19, conducting debtor survival assessment, application of 5C principles are Character, Capacity, Capital, Collateral and Economic Condition of as well as based on the principles of objectivity, independence, avoiding confiicts of interest, and fairness in implementing credit restructuring at Bank BRI Nogotirto.
Consumer and Community Protection in the Banking Financial Services Sector Hirsanuddin; Ida Surya; Kumiawan Kumiawan; Nikmah Mentari
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.467

Abstract

The purpose of this study is to find and discover new legal theories and norms related to the legal protection of consumers and society in the banking financial services sector; the role of the state in contributing to the legal protection of consumers and society in the banking financial services sector, and the resolution of disputes between financial service actors and consumers of banking financial services who are harmed. The method used in this study is Normative legal research using a conceptual approach, legislation, by conducting a literature study. The legal materials obtained are analyzed using qualitative analysis methods. The role of the Financial Services Authority is not limited to facilitating consumer protection, which accommodates and becomes a mediation institution, but also becomes an institution that takes sides with consumers in the form of legal defense activities, the forms of protection carried out by the Financial Services Authority include efforts to prevent violations and restore consumer rights if there is a loss experienced by consumers. The resolution of disputes between financial service actors and consumers of banking financial services is carried out by the Indonesian Banking Dispute Resolution Alternative Institution (LAPSI). Consumer protection in the financial services sector constitutes an integrated framework encompassing the Consumer Protection Law and the OJK Law, with the OJK acting as the primary regulator responsible for both preventive and enforcement functions, though dispute resolution has largely been delegated to LAPS, creating normative inconsistencies. Bank liability for customer losses, including those arising from electronic banking, is grounded in fault-based liability principles (tort and breach of contract), with obligations to ensure system security and a tendency for the burden of proof to shift to the bank. The enactment of POJK 2022 further narrows the OJK’s role to regulation and supervision, while dispute resolution is predominantly managed by LAPS, thereby diminishing OJK’s direct facilitative function and its position as a buffer institution. To address these challenges, regulatory harmonization between OJK and LAPS, enhanced oversight of LAPS, the establishment of a digital complaint system, and clarification of OJK’s dispute resolution role are recommended. Additionally, strengthening electronic banking regulations through progressive liability principles, greater transparency, and simplified dispute resolution mechanisms is essential. Finally, reconstructing POJK 2022 to restore OJK’s facilitative function and enable intervention when LAPS proves ineffective is necessary to safeguard consumer protection.
Assessing DANANTARA's Alignment with the Santiago Principles: Indonesia's Sovereign Wealth Fund Legal Regime in Comparative Perspective Dharmma Justitio Hermawan; Prita Amalia; Purnama Trisnamansyah
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.479

Abstract

This article examines the alignment of Indonesia’s newly established sovereign wealth fund, Daya Anagata Nusantara (Danantara), with the Santiago Principles on the global best-practice standards for sovereign wealth funds (SWFs). Danantara was created by Law No. 1 of 2025 (Third Amendment to the SOE Law) and subsequently governed under Law No. 16 of 2025 (Fourth Amendment) as a transformative vehicle to manage key state-owned assets, raising questions about its governance, transparency, and adherence to international norms. This study situates Danantara’s legal and institutional framework against the Santiago Principles’ guidelines, analyzing convergences, gaps, and challenges. It first clarifies the Santiago Principles’ content, legal status as soft law, and persuasive force in guiding SWF behavior globally. It then details Indonesia’s SWF architecture post-2025, highlighting Danantara’s objectives, structure, and regulatory provisions. The core analysis compares Danantara’s governance and operations with Santiago Principle benchmarks, revealing areas of harmony (such as a clear legal basis and objectives) and divergence (notably in independent oversight and transparency). A comparative discussion draws lessons from renowned SWFs: Temasek (Singapore) and Norway’s Government Pension Fund Global (GPFG) to contextualize Danantara’s approach. The article finds that while Danantara’s establishment represents a bold shift aligning in part with global best practices, critical improvements are needed to fully realize the Santiago Principles, especially in insulating the fund from political influence and enhancing accountability. The conclusion offers recommendations for strengthening Danantara’s governance and suggests that harmonizing with the Santiago Principles is vital for building credibility, attracting investment, and ensuring the fund’s long-term success.
Perkembangan Senjata Laser LY-1 China dan Urgensi Ratifikasi Protokol IV CCW oleh Indonesia Miftahur Rahmi; Danial; Hera Susanti
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.480

Abstract

The LY-1 laser weapon developed by China raises relevant legal issues within the framework of International Humanitarian Law (IHL), particularly in relation to the application of Protocol IV to the Convention on Certain Conventional Weapons (CCW). This study aims to analyze two issues: first, the extent to which the technical characteristics of China’s LY-1 laser weapon may be assessed under the prohibition standards set forth in Protocol IV of the CCW; and second, the legal implications arising from Indonesia’s status as a non-party to that instrument. This research employs a normative legal method with a treaty-doctrinal approach, namely an analysis of the authentic text of Protocol IV of the CCW combined with an examination of Article 36 of Additional Protocol I of 1977 as a parameter for the legal review of new weapons. The primary sources consist of treaty texts, official positions of the ICRC, doctrines of international humanitarian law, and publicly available technical specifications. The study identifies two key findings. First, the dual-use nature of the LY-1 system places it within a normative grey area under Article 1 of Protocol IV of the CCW. Applying the ICRC’s foreseeable effects approach, permanent blindness may be regarded as a reasonably foreseeable outcome, thereby weakening China’s claim that the system is solely intended for anti-sensor purposes. Second, Indonesia’s non-state party statusresults in a clear asymmetry of treaty obligations, limiting its legal standing to raise claims within CCW mechanisms, excluding it from normative development processes, and constraining its regional defense diplomacy. This research provides a distinct scholarly contribution by examining the legal consequences of this asymmetry in CCW Protocol IV membership. It compares China, as the developer of the LY-1 laser, with Indonesia, a non-party state.
Circular Resolution, Conflict of Interest, and Corporate Bankruptcy: A Legal Study of the Actions of Directors as Shareholders Zulfikar Ardiwardana Wanda; Muhammad Dito Zakharia
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.482

Abstract

A Limited Liability Company (PT) as a legal entity, has a decision-making mechanism that, in principle, is implemented through a General Meeting of Shareholders (RUPS). However, Law No. 40 of 2007 on Limited Liability Companies also recognizes a decision-making mechanism outside the RUPS through bulletin decisions as a more efficient alternative. Legal issues arise when bulletin decisions are used in strategic agendas such as voluntary bankruptcy petitions, especially in situations where Directors also act as shareholders. This situation has the potential to create conflicts of interest, especially if the bankruptcy of the corporation is due to the mistakes or neglect of the relevant Directors. This is a normative legal study with a legislative and conceptual approach, which aims to analyze bulletin decisions and the implications of the bulletin decision mechanism on the responsibility of the Director's Board in bankruptcy cases. The study finds that circular resolutions can be misused to avoid responsibilities regulated in Article 104 of Law Number 40 of 2007 concerning Limited Liability Companies, given that circular resolutions require unanimous shareholder approval. This study emphasizes the importance of reforming the circular resolution mechanism.
KEDUDUKAN HUKUM SURAT EDARAN MAHKAMAH AGUNG (SEMA) NOMOR 2 TAHUN 2023 TENTANG PERKAWINAN BEDA AGAMA Delian Adlofeno
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.483

Abstract

Interfaith marriage has long been an issue in Indonesia, given the country's cultural diversity, particularly in the aspect of religion. Article 2, paragraph (1) of Law Number 1 of 1974 concerning Marriage stipulates that a marriage is valid if it is performed according to the laws of each party's respective religion and beliefs. Another provision, Law Number 23 of 2006 concerning Population Administration, in the Elucidation of Article 35 letter (a), states that "marriages determined by the court" refers to marriages between individuals of different religions. Based on these two provisions, interfaith marriage is fundamentally permitted under positive law. However, the Supreme Court Circular Letter (SEMA) Number 2 of 2023 regarding Guidelines for Judges in Adjudicating Applications for the Registration of Marriages between Persons of Different Religions and Beliefs essentially reinforces that judges and judicial bodies under the Supreme Court must not grant applications for the registration of interfaith marriages. In this context, SEMA Number 2 of 2023 contradicts the Marriage Law and the Population Administration Law, thereby creating a conflict of norms. This conflict of norms must be resolved based on the principle of lex superior derogat legi inferiori, which dictates that a lower-level regulation must not contradict a higher-level one. In this study, the author employs a statute approach and a conceptual approach to examine and resolve the issue of norm conflicts regarding interfaith marriage based on the prevailing laws in Indonesia.
Analysis of the Drug-Free Village Program from the Perspective of Progressive Law in Law Enforcement Jun Mawalidin; Saparwadi; Samsul Hadi
Unram Law Review Vol 10 No 1 (2026): 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.v10i1.486

Abstract

The Drug Clean Village Program is a program of the National Narcotics Agency of the Republic of Indonesia, which aims to eradicate drug trafficking at all levels of society. The progressivity of drug laws and regulations and the enforcement of community justice have not been comprehensive. So this research aims to determine the direction of the progression of legal justice for all levels of society based on laws and regulations. The type of research used in this study is normative juridical, which focuses on the conceptual approach of legislative rules. The results of this study show that the drug-free village program only looks at the problem, and in fact, the development of laws and regulations and the enforcement of justice needs legal reform.

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