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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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Status of the Separated State Assets into BUMN Persero Ghora Putra Bafelanna
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.110

Abstract

The regulation of the status of state finances in the State owned enterprise (BUMN) environment in the BUMN Law and the Law on State Finance shows that there is a very significant difference in the status of state separated state assets from BUMN. The applied problem approach in this legal research is statutes approach. The Principle of State Assets Separation in the form of Equity Participation in Persero is also supported by the existence of a Fatwa from the Supreme Court Number WKMA / Yud / 20 / VIII / 2006 concerning the Separation of BUMN assets from state assets. The contents of the fatwa are related to Article 1 number 1 of the BUMN Law and Article 4 paragraph (1) of the BUMN Law which, according to the Supreme Court, is a more specific law concerning BUMN, it is clearly said that enterprises’ capital which originating from separated state’s earning and expenses shall be based on the principles of a sound corporate.
The Shift Paradigm of the Death Penalty in the Draft Criminal Code titin nurfatlah; Amiruddin Amiruddin; Ufran Ufran
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.111

Abstract

This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty. The Draft of the Criminal Code bases on Neo-Classical school of thought, which maintains a balance between objective factors (actions/outward) and subjective factors (people/ inner/inner attitudes).
Legal Consequences for Children who are Born in Unregistered Marriage in the Perspective of Christian Laws Ruri Setyaningsih; Tri Wahyu Anggraeni; Debora Tri Hariyadi
Unram Law Review Vol 4 No 1 (2020): 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.v4i1.112

Abstract

Aim of this study is to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Indonesia law acknowledges a marriage is legal if it conducted under the religious rules of the married couples and recorded under national law. This study aims to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Base on this study can be concluded that marriage is considered valid if it has been registered so as to have a valid legal effect, one of which the legal status of a child born of a legal marriage constitutes legal status as a legal child. While unregistered marriage resulting unrecognized legal status of the child so that child does not have legal status.
Critical Analysis of Consumer Protection in “Lootbox” Virtual Transaction System in Indonesia Dende Ratna Sari Marinah; Ardi Krisna Wardana; Baiq Vatriana Sasa Wisesa; Fradisti Reta Ikasari Mediana; Mas'adah Mas'adah
Unram Law Review Vol 4 No 2 (2020): 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.v4i2.87

Abstract

Purpose of this research is to determine consumer protection regulation for virtual (Lootbox) transactions in Indonesia. The research method is normative legal studies. Results of the study is that virtual transactions are easily carried out, such as loot box virtual transactions that is affected to financial loss for both consumers and countries. Regulations that have made by several countries need to be further analyzed and examined in order to be implemented and regulated as in the country of Belgium issuing rules that require the (Lootbox) to be banned or be subjected to sanctions for violations of the Gambling Law in that country. So that Indonesia should make (Lootbox) regulation even though the regulation is unspecified in KUHP and Bill of Act on Electronic Information and Transaction that can make consumers protection is more guaranteed.
Effectivity of Restorative Justice Meets The Just Nature of Indonesia Society Ramdani Abd. Hafizh; Ahmad Ramdani Chairi; Dirasid Dirasid; Raka Febrian Krisnaputra; Irvan Ali
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.v5i1.89

Abstract

Restorative justice is a form of cases settlement beyond the court which engaged perpetrator, victim and society as condition restore after the crime. This form started to be developed in Indonesia, especially in regions which implement “adat” law consistently and have close kinship system. Restorative justice is urgently needed today, in order to reduce the number of cases and prison over capacity. The significant number of criminal cases which had been judged in the court is the main factor of prison over capacity. The prison full of criminal which had variety of crimes. The negative impact is, prison is not a shoch-therapy for the criminals, instead of after they fulfill their sentence period and become alumni of prison, they tend to re-do their crimes even worse than the previous one. This condition was the causing factor of restorative justice in the criminal law system for example, children criminals, traffic violations which had narrow impacts and can be solved by “adat” institution, with the exception for major cases or extraordinary crimes for instance drugs, planned murder, terrorism and genocide.
Paradox of Legal Politic of Regional Authonomy After the Enacmnet of Law Number 23 Year 2014 Rizal Patoni; Lalu Kholif Saputra; Ilham Ilham; Moh. Tohariadi; Zuarno Zuarno
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.v5i1.102

Abstract

This study aims to determine the problems of regional autonomy after the enactment of Law No. 23 of 2014 which describes the paradox of the application of regional autonomy in Indonesia. The method used in this research is a statutory approach. The results of this study indicate that the main characteristic of implementing the principle of regional autonomy is the authority of local governments to manage their household affairs without intervention from the central government. The authority is in the form of independence and freedom possessed by the regional government. However, after the enactment of Law No 23 of 2014 there has been shift in the legal politics of regional autonomy. Previously, the legal politics that inclined to decentralization shifted to centralization, namely by withdrawing a number of regional authorities to the central government. The implication of this shift is the loss of regional independence and freedom to manage their household affairs.
Gender Stereotype in the Formulation of Crime of Rape: A Comparison of Criminal Code and Draft Criminal Code Lalu Panca Tresna D; Abu Sa'it; Imas Octaviana Dewi; Lalu Rangga Satria Wijaya; Yuni Ristanti
Unram Law Review Vol 4 No 2 (2020): 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.v4i2.104

Abstract

Rape is one of the crimes that may embody stereotype gender, likewise in Indonesian Criminal Code. However there is development conception concerning crimes of rape put forward in The Draft of Criminal Code. This study aims to determine the different provision of crimes of rape in Criminal Code and The Draft Criminal Code. The result of this study concluded that the provision of rape in the Draft Criminal Code have more advance than the provision of rape in Criminal Code. The Draft Criminal Code has renounce crime of rape base on gender by not showing woman as the only victim of rape. Furthermore the provisions of rape in the draft criminal code have asserted method of rape that not only by intercourse. Therefore the provision of crime of rape in the draft criminal code can include rape whose victim are boys or men.
People’s Power Policy in Legal Construction in Treason Criminal Law as Indonesian Penal Code Reform Nur Aripkah; Eko Soponyono; Aistha Wisnu Putra
Unram Law Review Vol 4 No 2 (2020): 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.v4i2.116

Abstract

Last year, People’s power was sounded during the presidential election period. It is still reaped the pros and cons in various circles, some called it as part of the treason, and some categorized it as a form of freedom of expression. The purpose of this article to see if the legal construction of treason criminal law is regulated under the current Penal Code, people’s power can be categorized as treason and how people’s power policies should be in the future under the legal construction of treason under criminal law. the normative point of view with the statutory approach, conceptual approach, and case approach, analyzing the concept of people’s power is not appropriate to calls as a criminal act of treason because it does not meet the juridical construction of treason under the Article 104, Article 106, and 107 of the penal code(KUHP). Likewise, in Article 191 Indonesian Penal Code Bill (RKUHP), Article 192, Article 193, and 194 RKUHP. People’s power policy in the legal construction of treason criminal law as an effort to reform the Penal Code needs to be reformulated in particular articles, later in Article 194 ofthe penal code(KUHP). The legal construction of treason criminal law then emphasized in words against the government without using the weapons.
Problematics of the Village Government Authority Ahmad Yamin; Supriyadi Supriyadi
Unram Law Review Vol 4 No 2 (2020): 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.v4i2.117

Abstract

The purpose of this research is to analyze the authority problems of the village government. This is a doctrinal legal research by examining legal materials from libraries or research libraries to obtain secondary legal material from books, articles, research results, and regulations, as well as experts relating to the exercise of villages authority. The solution offered is that the authority of the village government will run well when it is support by the authority of recognition and subsidiarity and the availability of human resources who have expertise and skills and apply good governance to create a village social welfare.
Realizing Justice through the Credit Restructuring Policy Due to The Spread of Covid-19 Josua Navirio Pardede; Wigati Taberi Asih
Unram Law Review Vol 4 No 2 (2020): 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.v4i2.119

Abstract

This study aims to find an overview of the bank credit restructuring policy and the realization of the fair value of the government policy. The stimulus provided was in the form of restructuring bank credit due to the spread of Covid-19. The research method used is a normative juridical research method with a statutory approach and a conceptual approach. This study uses secondary legal data in the form of primary legal materials, namely POJK No. 11 / POJK.03 / 2020, and secondary legal materials, namely books, journals, and other literature related to research problems. Based on the results of the study, it is known that the credit restructuring policy is an attempt by the government to provide legal protection for bank debtors who cannot fulfill their obligations to banks due to the spread of Covid-19. The realization of the value of justice in this credit restructuring policy is felt by all parties, the bank, and especially the debtor. The existence of a bank credit restructuring policy guarantees legal certainty to provide a sense of justice for debtors affected by Covid-19.

Page 6 of 19 | Total Record : 181

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