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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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The Complexity Problem on the Law Enforcement by Indonesian Police Agency during the COVID-19 Pandemic Dwi Putri Hardiani; Nyoman Serikat Putra Jaya
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.v4i2.120

Abstract

In Indonesia, the COVID-19 pandemic can be a fundamental concern if it is not able to overcome its impact. This pandemic considered to be very influential in affecting and disturbing several fundamental aspects of a country, such as health, economic, legal aspect, defense and security, and etc. This study examined the complexity problem of law enforcement by the police officer during the COVID-19 pandemic. The method of this researchusesnormative legal research by prioritizing secondary data that analyzed descriptive qualitative analysis techniques. The results of this study indicate that the police are referred to the law that lives in the community because of the work of the police plays an important role in maintaining the security and defense of the community, the law enforcement, as well as providing protection, protection, and services to the community. This has placed the police in dealing with various dynamics of social changing including the current COVID-19 pandemic. However, the problem with police law enforcement in the current COVID-19 pandemic arises from the implementation of Large-Scale Social Restrictions (PSBB) policy, the complexity problem in law enforcement on PSBB, and the choice to the possible solutions.
Legal Protection on Franchise as Business Alternative Development Hartanto Hartanto; Erna Tri Rusmala Ratnawati
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.v4i2.122

Abstract

The growth of franchise has developed rapidly and demanded by the franchisee and franchisor, since this system containing a symbiosis mutualism where the parties are bound to each other and gain a lot of advantages. However, this systemarisesthe questions: what is the basic consideration for the franchisee before agree in the franchise agreement? What is the requirement which needs to be listed in the franchise agreement? What is the excellence of franchise as the business alternative for the franchisee?The research method of this article is legal research or also called doctrinal research which purposes to analyze the regulation on franchise business which is descriptive, this research using a conceptual/normative approach which is a research that collecting secondary data such as primary, secondary, and tertiary legal materials. Before the parties entering a franchise agreement, the franchisee must be doing some survey on the feasibility of the franchise to know and analyzing where the result will become a consideration in the decision making for the franchisee. The franchisee should be paying attention to the criteria of the franchise if it is worth buying or as partner cooperation and take into account the criminal aspect on the franchise management.
Criminalization of Human Trafficking; Assessment of Victims in Judges' Verdict for Deviant Sex services Djoko Sumaryanto
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.v4i2.123

Abstract

The current criminal law still adheres to the concept of Daad Dader Strafrecht, therefore, the existence of crime victims could not betouched by the law which implemented in every judge's decision,such as the event that a husband sells his wife for sex or threesome,the wife position here as the victim, this research was done by using legal research of normative law,which applies statute approach and case approach, by examining Sidoarjo State Court Verdict Number: 889/Pid.Sus/2018/PN.SDA, and it obtained several results, first inaccurate application of law and weak point of views of victim of crime. It can be concluded that after examination of legal facts, review the literatures and analyze it based on the cases, this work suggest husband activities on selling his wife by illegal sex/threesome should not be included as human trafficking. Since normatively, it is not relevant, furthermore the condition of family is not really well.
Mechanism of Business Contract Drafting in Supporting Economic Activities Muhammad Sood
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.v4i2.124

Abstract

The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.
The Making of Land Deed and the Registration of Land Rights Transition through the Inheritance by the Village Community and its Legal Implications (A Study in Sub District of Lingsar, the District of East Lombok) Arba Arba; Sahnan Sahnan
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.v4i2.125

Abstract

The aims of this research are to review and analyzing the society behavior in making of the land deed and the registration of land transition on the transfer of rights through inheritance, and its legal implications if the transfer of the land rights without the land deed and was not registered in the national land agency. The study of this research is empirical legal studies and using the normative approach as well the sociolegal approach. Which are the library conduct and the data from the field, the result of this research reviewed and analyzed in the normative and qualitative ways.The normative analysis using the legal interpretation while the qualitative analysis using the data reviews. Further, it is concluded through the deductive reasoning and the result of this research after reviewed and analyzed are as follows: 1. the reason of the society in sub district of Lingsar tend to not make the land deed and did not do the registration in the national land agency on the matters of transfer of land rights are : the heritance custom, the legal tradition of the society have been rooted, the registration needs a lot of money to spend, and the procedures of land deed making and its registration takes a long period of time. 2. The legal implication of land rights through inheritance which was not registered and the deed was not made is legitimate and is protected under the law, since the heritance is the legal event which according to the law where the rights of inheritance land is transferred, the making of deed and registration only as the administration obligations.
The Application of the Best Interest of the Child Principle as a Basis for Determining Child Custody Angela Melani Widjaja; Ike Yeni Kartika Sari; Hasna Firaz Isza Fadhilah; Devi Sukma Ayuningtyas
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.v4i2.126

Abstract

This research was conducted to introduce the principle of the best interest of the child as a basis for judges to create decisions regarding the child custody that reflects child protection. Based on this idea, the problem formulations in this research are: First of al, what is the basis for determining child custody by judges in Indonesia? and Secondly, what is the basis for determining child custody that reflects the principle of The Best Interest of The Child This paper is legal research which applies statute approach, conceptual approach, and case approach. Based on this research, it was found that Firstof all, there are differences for judges in determining child custody in Indonesia for Muslim and non-Muslim couples. For Muslim couples, if the child is 12 (twelve) years old and over, the custody of the child is prioritized to be handed to the mother and if the child is under 12 (twelve) years of age, then custody will be given to the mother. For non-Muslim couples, generally, the custody of the child will be prioritized to be given to the mother. Secondly, The basis for determining the provision of child custody that reflects the principle of the best interest of the child for Muslim couples is that if the child is over 12 (twelve) years old, therefore the judge should not necessarily prioritize giving custody to the mother, rather they must pay attention to aspects of the need and the wishes of the child. If the child is not yet 12 (twelve) years old, the judge should also consider the desires and needs of the child and not necessarily give custody to the mother. The basis for determining the granting of child custody that reflects the principle of the best interest of the child for non-Muslim couples is when the judge does not necessarily give priority to the mother, but should consider the desiresand needs of the child.
LIABILITY OF THE HOLDING COMPANY FOR UNLAWFUL ACTIONS IN GROUP COMPANIES (Case Study of Supreme Court Decision Number 89 PK/Pdt/2010 Concerning Violations of Distribution) Magfirah Bachmid
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.v5i1.134

Abstract

Economic development in Indonesia has progressed significantly from year to year, so has the development of national companies either in the form of a single company, joint venture, or group company in the form of PT, CV and so on. The development referred by this research is the development of group companies consisting of holding companies and subsidiary companies where the leadership system of the group company is centralized so that it has the potential to arise an abuse of authority from the holding company, one of which is illegal acts arising from the legal relationship between the holding company and its subsidiary within the group company. This can be seen in the case decision of the Supreme Court of the Republic of Indonesia No.89 PK/Pdt/2010 between PT. Effem Food, Inc and PT. Effem Indonesia against PT. Smak Snak regarding violations of distribution activity. The purpose of this study was to determine the form of liability from the holding company to the subsidiary in the event of an illegal act in the group company based on the decision of the Supreme Court of the Republic of Indonesia No. 89 PK/Pdt/2010. Based on the Judge’s assessment and consideration of the evidence of losses suffered by the plaintiff, namely PT. Smak Snak, against the bad faith of the defendants, namely PT. Effem Food, Inc. and PT. Effem Indonesia, causing the panel of judges to place joint liability on PT. Effem Food, Inc. and PT. Effem Indonesia for their illegal actions as the holding company against PT. Smak Snak as a subsidiary. This decision is a manifestation of the application of piercing the corporate veil to the holding company and its subsidiary due to the ownership of PT. Effem Food, Inc. over 90% shares of PT. Effem Indonesia, regarding to this case, PT. Effem Food, Inc. acting as the holding company of PT. Effem Indonesia which exercises to control over the operational activities of its subsidiary. This research is a normative research with a conceptual and statutory approach.
Effectivity of Law Number 21 Of 2007 In Esnaring Pimps as Sex Commercial Services Procuress Winda Fathia Pilili
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.v5i1.137

Abstract

In the modern era, prostitution metamorphose into the branch of industry which in line with the pornography or striptease. For Indonesian people, prostitution have been understood as work, in which exchange intercourse with money or prizes, the same with services purchase or trade. Yogyakarta which known as education city is not spared either with prostitution. Cited by Tribun Jogja, revealed that cases of human trafficking that covered by prostitution in Sleman, Yogyakarta. It was occurred in three different locations, are Pasar Kembang, Bong Suwun and Giwangan. This work aims were to know and to analyze how criminal law in Indonesia regulated pimp as procuress of sex commercial agent in Yogyakarta and its law enforcement mechanism. Laws related of pimp regulated in the Article 290 and 560 Indonesia Criminal Code. Meanwhile, in Yogyakarta there is a regulation which prohibit the public prohibition i.e. Local Regulation Number 18 of 1954. Law enforcement mechanism towards prostitution by implement the Law Number 21 of 2007 in punishing pimps in Yogyakarta, with strong commitment to eradicate this crime. This work is empirical legal research which applied juridical and empirical approaches in Yogyakarta by taking data in Local Police Office of Yogyakarta.
Marital Rape in a Comparative Perspective of Indonesian Criminal Law and Islamic Criminal Law Laely Wulandari; Lalu Saipudin
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.v5i1.139

Abstract

The aim of this research is to know how the regulation of marital rape in Indonesian Criminal Law and Islamic Law. Marital rape or also known as rape in marriage still belong to such a debatable and taboo topic, but in fact it has happened a lot in society. In Indonesian Criminal Law, marital rape is not regulated in the Criminal Code. The Law on the Elimination of Domestic Violence regulates this as a complaint offense by calling the crime of sexual violence. In Islamic Law, marital rape is regulated in a good way by terms of husband and wife intercourse, among others in Surah An-Nisa Verse 19 which prohibits having to do with coercion. Refers to these results of the comparison, similarities are found in both Indonesian Criminal Law and Islamic Criminal Law that said marital rape is prohibited. The differentials in the form of complaint offense between these laws. Islamic Criminal Law does not explain clearly about the complaints offense as known on Indonesian Criminal Law. Yet this law comprehensibly prohibiting the marital rape itself. For the further regulations of criminal law policies, it should take the principles of discrimination into account and the good boundaries regarding marital rapes, criminal liability, criminal threats and formal criminal arrangements either.
Credit relaxation Policy Affected by Covid-19 at Bank BRI Nogotirto Unit Muhammad Jauhar Shiddiq; Danang Wahyu Muhammad
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-verification 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 bank’s 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.

Page 7 of 19 | Total Record : 181

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