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Unram Law Review
Published by Universitas Mataram
ISSN : 25489267     EISSN : 25492365     DOI : -
Core Subject : Social,
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
Earmarking Result Of Iease Smoke For The Service Of Health Of Society And Straightening Of Law Minollah -
Unram Law Review Vol 1 No 2 (2017): 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.v1i2.15

Abstract

Target of this writing is to study and analyse taxs earmarking in exploiting of Iease result smoke for the service of health society and straightening of law pursuant to Law Number 28 Year 2009 about Lease Area and Retribution Area by using approach of conceptual approach and legislation. Result of study were then analysed by using analysis of deskripsi qualitative with deductive reasoning and obtained conclusion that rule concerning earmarking result of Iease smoke more flange to earmarking symbolic, delivering usage of earmarking result of Iease smoke for the service of health society and straightening of law to taker of policy so that benefit of earmarking result of Iease smoke in service of health society and straightening of law still is unclear. Suggestion need dissociation of source defrayal of service of health society and straightening of law coming from Deconcentration fund and Duty aid, Special Fund Allocation of health area and Fund Sharing Holder Result of Duty Tobacco, with coming from cigarette Iease.
The Review of Act Number 39 year 2004 Concerning The Placement and Protection for Indonesian Workers Abroad Lalu Husni; Idrus Abdullah; RR Cahyowati
Unram Law Review Vol 1 No 2 (2017): 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.v1i2.17

Abstract

Labor migration in the era of free trade is a necessity, as part of the international community, Indonesia must participate in the globalization era, so it can not withstand nationals to seek a better life abroad. The purpose of this study to know and understand the weaknesses of the Act No. 39 of 2004 on the placement and protection of migrant workers, knowing and understanding the formulation of norms of protection of migrant workers to protect it properly. Research methods, normative law research, with the statute approach, conceptual approach, and conceptual approach. The types and sources of legal materials, using primary legal resourse, legal resourse secondary, and tertiary legal resource. Mechanical collection of legal materials, is done by performing a search, collection and documentation, processing and analysis of legal materials through a process of legal reasoning logical, systematic and coherent. Conclusion, weakness No..39 Act of 2004 regarding the Placement and Protection of Migrant Workers so it can not protect properly, this is due to provisions that prohibit or liability, but is not followed by the threat of legal sanction. Their norms do not provide clear who is the subject of law. Their formulation of norms "skill" that should be in the form of "necessity", so that the selection of a local recruit migrant workers can actually be done properly, and can prevent ekploitation human / human trafficking. The existence of norms regulating the legal subjects that are outside the boundaries of the Unitary Republic of Indonesia. Provisions that contradict each other (inconsistency). There are provisions governing unilateral legal subjects. Legal uncertainty because the agreements made on the basis of agreement between the workers / laborers (prospective TKI) with the employer / user services, the formulation of norms of protection of migrant workers to protect properly, namely by stating the principles of humanitarianism and the principle of national responsibility as the foundation footing.
Legal Analysis Officers Land Deed and Notary Which Different Place Position Afdal Batara Agung
Unram Law Review Vol 1 No 2 (2017): 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.v1i2.18

Abstract

This study aims to analyze how to regulate the placement of PPAT in Government Regulation No. 24 of 2016 on the Amendment of Government Regulation Number 37 of 1998 on the Regulation of Officials of the Land Deed Authority and the factors that affect the occurrence of different working areas of PPAT and Notary positions. This research is done by using normative-empirical research method with data collecting technique through interview that is direct dialog in the form of question and answer and document study that is by recording data directly from document which its contents related to research problem, that is rule of law, , papers, journals, seminar results, and internet sites. The results of this study indicate that: 1) The working area of ​​PPAT in PP 24/2016 is expanded into provincial work areas. in relation to the working area of ​​PPAT in PP 24/2016 provides confirmation that PPAT and Notary are required to be within a working area if it is understood that PPAT in this case concurrently serves as a Notary. In the provision of Article 9 Paragraph (1) of PP 24/2016, PPAT in having two options, such option is PPAT filed a request to move the seat of PPAT or other option of PPAT must stop as Notary in its place of domicile. 2) the age of 22 years can be appointed to PPAT will potentially make the existence of different office positions between PPAT and notary since PPAT first open the office from the notary. PPAT concurrently holds the position of notary but does not follow the notary's position on violating the provisions of Article 7 paragraph (2) letter h of PP 24/2016 and Article 17 letter g UUJN.
New Paradigm Of Abuse Of Power On Discretion After Government Administration Act Hidayat Pratama Putra
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.23

Abstract

Discretion is one of government actions that are very vulnerable to abuse of power in it. Law Number 30 Year 2014 on Government Administration as a legal provision in the field of state administration currently regulates in detail related to discretion, abuse of power, and abuse of power in discretion in particular. This paper discusses the regulation related to abuse of power that has a paradigm shift based on Law Number 30 Year 2014 on Government Administration and benchmark it in discretion. The Government Administration Act builds a new paradigm of abuse of power by interpreting broadly abuse of power comprising beyond authority, misuse of authority and arbitrary. There are several indicators to show that discretion can be considered as abuse of power, namely: • Contrary to the Act and/or the principle of good governance; Notwithstanding the purpose of discretion or the purpose of the state in general; Breaking discretionary procedures; Beyond the Authority (onbevoegdheid); And/or has no basis of authority.
The Authority of the Honorary Regional Notary Assembly in Relating to Inspection of Notary of Move of Position Area by Law Enforcement Officer Ahmad Laduni Arif Rahman; Rusdianto Sesung
Unram Law Review Vol 1 No 2 (2017): 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.v1i2.26

Abstract

Implementation authority of the Honorary Regional Notary Assembly in giving approval and/or rejection of a request for approval from law enforcement (Investigator, Public Prosecutor, or Judge) to a Notary who has moved the office area in relation to the deed he / she has made with the criminal case. Cause 2 (two) fundamental questions relating to the authority of the Honorary Regional Notary Assembly authorized to grant approval and / or rejection of the application for approval and the determination of the time limit of no later than 30 (thirty) working days for the Honorary Regional Notary Assembly shall provide the answers. From the results of the research note that based on legislation, authority to grant approval to a Notary who moves to office of the apparatus of law enforcement officers is the jurisdiction of the Honorary Regional Notary Assembly in which the Notary's position is concerned. This means that such provisions shall apply directly to the determination of a maximum 30 (thirty) working day time limit for the Honorary Regional Notary Assembly giving the answer counted at the receipt of the summoning letter by the law enforcement apparatus.
Environmental Protection In International Humanitarian Law Erlies Septiana Nurbani
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.28

Abstract

Environment, whether directly or indirectly is a casualty of armed conflict. As occured in Vietnam War 1961-1975, Gulf War 1991, Cosovo Conflct 1999, Iraqi War 2003 and Israel-Lebanon War 2006. UNEP concluded that armed conflict arise dangerous consequences to the environment. Environmental damage after warfare is often irreversible because the states think that environmental damage is an unavoidable consequence in order to achieve military targets. This research aims are to search international treaty and general principles in international humanitarian law that regulated environment protection during the armed conflict. Based on the research result it can be known that environment protection during the armed conflict has already regulated completely in international humanitarian law, not only in general agreement of humanitarian law (hag laws and geneva laws) but also in special agreement on environment protection during armed conflict, in the form of restriction on means and weapons that can be used in armed conflict. The regulation and enforcement of environment protection can be rely on general principles of international humanitarian law.
The Implementation Right To Attain Second Opinion Patient Of National Health Insurance Participant Muhammad Ikhsan Lukman; Slamet Sampurno; Amir Ilyas
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.34

Abstract

This research is empirical juridical research. The research material consists of the primary and secondary data. Primary Data are gained from research subject, whilst secondary data are obtained from document study, this research is analyzed with the qualitative method and explained descriptively. The research result is attained that the law protection design is given by RSUD Haji Makassar with determining the operational procedure standard of patient right poured forth in the Director SK Number 29.02.08 About The Patient Right and Family to consult about disease matter from patient to another doctor is a law protection form preventively which the accusation service and sigh from patient poured forth the Director SK Number 155/TU/RSUD/I/2016 related to the operational procedure standard (SPO) Handling Sigh/Accusation Customer, that SPO is a repressive law protection form. Right implementation obtains the second opinion in RSUD Haji Makassar is not well-implemented maximumly, it is caused by no BPJS Kesehatan regulation accommodating patient right to gain the second opinion.
Legal Protection of Concurrent Creditor on Bankruptcy Khairus Febryan; Dewi Sartika
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.36

Abstract

Bankruptcy is a method in the process of debt settlement in Indonesia through the Court, the regulation has amended several times and now the regulation of bankruptcy is regulated in The Act Number 37 Year 2004 of Bankruptcy and Postponement of Debt Repayment. In the Act, provides the debtor legal protection in the case by creditors of mass executions does concern, while the process to protect creditors from receivables refund from the debtor. The creditors are classified into 3 (three) criteria, i.e. : Separatist, Preferen and Concurrent, in this paper discussed about the legal protection to the concurrent creditor which must be clarified in the Act because of its position as a creditor who has no mortgage on his receivables.\ Legal protection, Bankruptcy, Creditors
Pluralism And Freedom Of Religion In Indonesia In Context Of The Religious Blasphemy Prevention Act Johannes Johny Koynja
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.37

Abstract

The point of the problem spectrum that becomes the legal issue in this article is in the establishment of the Act Number 1/PNPS/1965 on Prevention of Abuse and/or Blasphemy to the Religion as requested its examination to the Constitutional Court. The Constitutional Court of the Republic of Indonesia in its decision assess that the Applicant, in fact, wishes only to look for interpretation and form "freedom of religion and confidence" in Indonesia. For that, the legal analysis was done to the problem of pluralism of religion in Indonesia it's bearing on the implementation of the Religious Blasphemy Prevention Act, ideally, include three analysis, that is governance science (bestuurkundige), human rights, and freedom of religion values analysis of requested its examination to the Constitutional Court. Discussion concerning relations among religion and state become to draw to be studied by its bearing about how the ought relationship of religion and state in Indonesia society embracing pluralism. The freedom of religion and confidence, in fact, do not represent absolute matter the religious believers to free and ease, but Also have to at one's feet of demarcation the religious believers there are in Article 28J of the sentence (2) The 1945 Constitution of the Republic of Indonesia as the supreme law of the which represent Staatsfundamentalnorm roommates giving guidance of freedom of religion and confidence in Indonesia. In the context needed or it's not the Religious Blasphemy Prevention Act, all-important only how State or Government able give the guarantee that law and regulation the which published can become base management of conflict between society the which is plural wisely and can become socio-cultural supporter national tighten tying, arrange the democratic system and governance, so that various distortion potency flange at the happenings of interfaith conflict, internal conflict and external Also can lessen, not simply forming and equipping peripherals of law and regulation.
Legal Protection To Crediture To The Warranty Of Changed Living Rights Status Become A Disclosure Febrian Wardhana
Unram Law Review Vol 2 No 1 (2018): 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.v2i1.39

Abstract

This research takes on case study of civil case Number 390K / Pdt / 2016. The purpose of this study is to know and further examine the rationale constructed by the judge in the Supreme Court Decision with the number: 390K / Pdt / 2016, against the cancellation of the Deed of Grant from the parents to their child which made it in the Notary, as well as the implementation of the related judge's decision with the cancellation of the deed of grant and about legal protection against creditors collateral guarantee rights in dispute, when a guarantee which has been encumbered by the mortgage right becomes a dispute due to the transition of the previous rights which has been disputed. The transfer of land right must be in accordance with the correct legal process so that when the land rights are secured to the creditor, the land right will be cleared from disputes in the future. Law enforcers in resolving land rights disputes through litigation or non-litigation are often found that in resolving the dispute it is deemed unfair. As experienced in this case where it is not in accordance with applicable legal provisions. That the cause of the problem of land disputes in this case is the unlawful act that eliminates the status of other siblings and thus loses the right of inheritance due to the transfer of rights with the Grant Deed conducted without the knowledge of other siblings consequential in a dispute.The Land Right in dispute are guaranteed by the creditor where the debtor has defaulted and can not fulfill its obligations so that it will be sold in auction. While the efforts made by the plaintiff are to file a lawsuit to the court for the loss of their rights from the land and obtain their rights on the land of the dispute.

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