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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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HAM sebagai Parameter Legitimasi Kebijakan Publik dalam Negara Hukum Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku; Rina Khairani Pancaningrum; Gede Sariasa; David Greacy Geovanie
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.v10i1.488

Abstract

Human rights constitute a fundamental principle in a democratic state governed by the rule of law and function both as a limit and a benchmark for the legitimacy of the exercise of state power in the formulation of public policies. In practice, however, public policies are often driven more by political considerations, security concerns, and administrative efficiency, which may lead to the neglect of human rights protection standards. This study aims to analyze the role of human rights as a parameter for the legitimacy of public policies within the framework of a rule-of-law state and to assess their implications for the protection of citizens’ rights.The research employs a normative legal research method, using statutory, conceptual, and analytical approaches to national and international human rights instruments. The findings indicate that the legitimacy of public policies cannot be determined solely by their legal-formal validity, but must also be assessed based on their conformity with human rights principles, such as legality, proportionality, non-discrimination, and the protection of fundamental rights. Public policies that are not grounded in human rights standards risk producing excessive restrictions on rights and undermining the principles of the rule of law. Furthermore, international human rights instruments, particularly the International Covenant on Civil and Political Rights (ICCPR), provide an essential normative framework for evaluating the lawfulness of state-imposed limitations on rights. Accordingly, this study emphasizes that human rights must be positioned as the primary parameter in the formulation and implementation of public policies to ensure a balance between public interests and the protection of individual rights in a state governed by the rule of law.
Implentation Of Ijon System In Livestock Trading In Sasak Local Traditional Community (Study In Gelanggang Village, East Sakra District, East Lombok Regency) Masyhur
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.v10i1.490

Abstract

The purpose of this research is to determine the implementation of ijon (pawn-purchase) trading within the Sasak indigenous community of Lombok and to analyze the legal protection regarding such practices. The research method employed is a normative-empirical approach, utilizing several methods: the statute approach, case approach, and conceptual approach. The results of this study indicate that: First, the ijon system in Lombok is a traditional pledging system involving the exchange of assets for a promise of future payment at a higher value. This system emerged as an alternative for people with limited access to formal financial institutions. Beyond meeting urgent financial needs, ijon also possesses a business dimension where the lender profits from the price difference. Second, the practice of the ijon system strongly contradicts universally applicable legal principles. Despite being a customary practice among the Sasak people in Gelanggang Village, East Lombok, transactions using the ijon system are legally declared invalid and have the potential to disadvantage one of the parties involved. This is because the system does not meet the requirements for a valid agreement.This reseach aim to find out the implementation of ijon (pawn-sale) trading in Sasak lombok indiginous community and to determine legal protection for ijon (pawn-sale) trading. This reseach use normative empirical method with statute aprroach, conceptual approach and case approach. The result of this studi find that: first, ijon system in Lombok is a traditional pawn system which involves an asset exchanges with a promise of a higher repayment in the future. This sytem arise as an alternative for society member who has limited acces to formal finance institution. In addition to fullfill urgent financial needs, ijon also has business dimension in which the lender derives profit from the price difference. Second, ijon system practice contrary to the universal legal principles. Eventhough, this sytem already become Sasak comunity customary in Gelanggang Village, East Lombok, under the law, ijon transaction may declare invalid and may potentially cause harm to one of the parties involved. This is due to the sytem does not satisfy the requirement of a valid agreement.
Effectiveness Of Laws In The Implementation Of Food Distribution Permit Sanctions For Food Security Mirdedi; Jarkasi Anwar; Muhamad Muslih
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.v10i1.491

Abstract

In Indonesia, many food products are still circulating that are hazardous to consumer health and do not meet the criteria and requirements set out in the law regarding products that may be distributed.The purpose of this study is to determine the effectiveness of the Food Law and the Consumer Protection Law in their application to food products in circulation.The methodology used was normative sociological and normative legal juridical research, which was descriptive and analytical in nature, using primary and secondary data sources analyzed qualitatively by the researcher.The summary of the research findings is that the existence of distribution permits and supervision of distributed products is crucial for maintaining food safety. However, this still conflicts with the reality, as many products are still distributed without distribution permits. The government must be more selective in granting distribution permits and prioritize consumer protection, namely by monitoring and preventing the distribution of food products that endanger consumer health and safety. Action against violations must also be taken through sanctions in the form of business permit closures, fines, or other administrative sanctions to prevent the distribution of unlicensed products.
Pertanggungjawaban Pidana Terhadap Kontaminasi Radioaktif Cesium-137 Sebagai Jaminan Perlindungan Hak Asasi Manusia Dialita Ayu Cendani Tuanaya; Valencia Tan A Hwa; Ulfatul Hasanah; Aisya Puteri Hutami
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.v10i1.495

Abstract

Indonesia is experiencing a serious environmental problem, namely radioactive cesium-137 contamination, which is suspected to be caused by waste-processing activities carried out by PT Peter Metal Technology in Cikande, Banten. Radioactive cesium 137 has a very dangerous impact on both humans and the environment, and the negative effects of radioactive contamination can last for a very long time. The cesium-137 contamination incident indicates possible weaknesses in governmental supervision of waste-processing and sustainable environmental preservation. Thus, the issues to be discussed in this study are the responsibility of the corporation or party that caused the cesium-137 contamination to the community affected by cesium-137 and the role of the government in tackling environmental pollution to ensure the protection of the human rights of the community. This study uses a normative juridical research method with a legislative and conceptual approach. The purpose of this study is to analyze corporate responsibility for environmental pollution caused by corporate activities and to analyze the government’s responsibility for environmental pollution. The results of this study indicate that corporations must be held responsible for the occurrence of cesium 137 radioactive contamination, whereby such responsibility is limited not only to the law but also to the restoration of the impact caused by their actions. Furthermore, the government must increase its supervisory capacity, improve coordination between institutions, and ensure victims’ access to compensation and transparent public information.
Autentikasi Elektronik dalam Kitab Undang-Undang Hukum Acara Pidana Baru: Studi Komparatif Amerika Serikat : Shera Rendra; Emmilia Rusdiana
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.v10i1.499

Abstract

This study examines the concept of authentication of electronic evidence within the Indonesian criminal evidentiary system under Law Number 20 of 2025 concerning the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana / KUHAP) and analyses the urgency of regulating a self-authentication mechanism through hash values by conducting a comparative study with the United States Federal Rules of Evidence (FRE). The research employs a normative legal research method, drawing on statutory and comparative law. The findings demonstrate that although the new KUHAP has recognised electronic evidence as admissible, it does not specifically regulate technical authentication procedures. In contrast, Rules 902(13)–(14) of the Federal Rules of Evidence have established an efficient, standardised self-authentication mechanism based on hash values, which may be adopted and adapted within the Indonesian legal system.
Relevansi Remisi Literasi Brasil untuk Pembaruan Hukum Pemasyarakatan di Indonesia Icca Cahya Anggraeni; Emmilia Rusdiana
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.v10i1.500

Abstract

The paradigm shift in remission from a behavior-based to a risk-based in Law Number 22 of 2022 on Corrections with regard to conditional sentences has not been followed by its implementing regulations. Although literacy activities have been recognized in the prisoners’ development assessment system as part of intellectual development, their contribution to remission is indirect. Furthermore, the requirement to reduce the risk level cannot be implemented because it is not yet connected to the remission mechanism. This condition reflects the failure of Government Regulation Number 99 of 2012 to operationalize the new paradigm established by the law. Brazil, through CNJ Resolution Number 391 of 2021, has established literacy as the basis for granting remissions, accompanied by clear procedures. This study addresses two questions: whether the Brazilian literacy-based remission model is legally relevant as a reference for the Indonesian Correctional system, which does not yet recognize literacy as a direct basis for granting remissions, and whether the inconsistency between GR 99 of 2012 and Law 22 of 2022 creates a normative obligation for the state to revise it. This study uses normative legal research methods through a statutory approach, a conceptual approach, and a comparison with the functional model and the concept of legal transplantation to assess the feasibility of adapting the Brazilian model. The results show that the Brazilian model is relevant in three aspects: conceptual, procedural, and verification, with a note that it rejects the ideology of ressocialização. The inconsistency between GR 99 of 2012 and Law 22 of 2022 results in legal dysfunction, so the state is obliged to revise GR 99 of 2012.
KEDUDUKAN HUKUM KEPALA OTORITA IBU KOTA NUSANTARA DALAM SISTEM PEMERINTAHAN DI INDONESIA Ni Made Bintang Purnama Dewi Purnama; Kaharudin; Rr. Cahyowati
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.v10i1.501

Abstract

This study aims to analyze the legal status of the Head of the Nusantara Capital Authority within the Indonesian governmental system and to examine the status of the legal products issued by the Head of the Nusantara Capital Authority within the hierarchy of laws and regulations. This research employs a normative legal research method using statutory, conceptual, historical, and comparative approaches. The conclusions of this study are as follows: (1) the legal status of the Head of the Nusantara Capital Authority within the Indonesian governmental system constitutes a constitutional innovation in Indonesia, introducing the concept of a Special Regional Government at the provincial level with a Head of Government holding ministerial rank, which is consistent with the 1945 Constitution of the Republic of Indonesia; (2) the legal products issued by the Head of the Nusantara Capital Authority are not included in the hierarchy of laws and regulations as stipulated in Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Formation of Laws and Regulations. This is because regulations issued by the Head of the Nusantara Capital Authority do not constitute regional legal products, but rather institutional regulations equivalent to ministerial regulations established pursuant to law and recognized under Article 8 paragraphs (1) and (2) of Law Number 12 of 2011 concerning the Formation of Laws and Regulations.
Reconciling Ownership Conflict Between Fiduciary Security and Leasing Law in Indonesia Tajuddin Noor; Suhaila Zulkifli
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.v10i1.502

Abstract

The rapid expansion of Indonesia’s financing sector has intensified the use of leasing as an alternative to conventional credit systems. However, the integration of fiduciary security into leasing arrangements has generated a fundamental legal inconsistency concerning ownership. Under leasing law, ownership of the leased asset remains with the lessor during the contract period, whereas fiduciary law requires the debtor to possess ownership of the secured object. This study aims to examine and reconcile the ownership conflict between fiduciary security and leasing law in Indonesia.This research employs a normative juridical method using statutory, conceptual, and comparative approaches. Legal materials consist of primary sources, including Law No. 42 of 1999 on Fiduciary Security and Minister of Finance Regulation No. 84/PMK.012/2006, as well as secondary sources such as legal doctrines and scholarly literature.The findings reveal that the current application of fiduciary guarantees in leasing agreements creates a legal paradox, as lessees are not the legal owners of the leased assets but are positioned as fiduciary providers. This inconsistency results in legal uncertainty, weak enforceability, and imbalance in the rights and obligations of the parties. To address this issue, this study proposes a normative reconstruction by clarifying the separation between ownership under leasing and fiduciary security. Fiduciary guarantees should only be imposed on assets legally owned by the lessee, while the leased object remains under the ownership of the lessor until the end of the contract term.This study contributes to the development of Indonesian financial law by offering a coherent legal framework to resolve ownership conflicts between fiduciary security and leasing practices, thereby enhancing doctrinal clarity and regulatory consistency.
Procedural Application of Know Your Customer by Notary Michelle Hibono; Benny Djaja
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.v10i1.507

Abstract

Money laundering poses significant threats to economic stability and the integrity of financial and legal systems. As part of the anti-money laundering framework, notaries in Indonesia are required to implement the Know Your Customer (KYC) principle when providing certain legal services. This study aims to analyze the legal framework and procedural implementation of KYC by notaries in accordance with applicable regulations. This research employs a normative legal research method, using a statutory approach to examine relevant laws and regulations. The findings show that KYC implementation by notaries involves several stages, including client identification, verification of information and documents, risk assessment of clients and beneficial owners, transaction monitoring, record-keeping, and reporting suspicious financial transactions to the Financial Transaction Reports and Analysis Center (PPATK). Through these procedures, notaries play an important role as gatekeepers, helping prevent money laundering and strengthening transparency and accountability within the legal system.

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