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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 184 Documents
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Law's Application of The Government to Responding People Smuggling Usman Mutaqin; Ivan Lukky Pujangga; ZulfaQotrun Nada
Unram Law Review Vol 5 No 2 (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.v5i2.185

Abstract

People smuggling is a transnational crime, that a person illegally crosses international borders from one, or more countries, by secret means, by fraud, or by using forged documents. People Smuggling, putting illegal immigrants and refugees as an opportunity for material gain. The potential for people smuggling in Indonesia is vulnerable, supported by the geographical factor of a vast coastline. As one of the world's trade routes, it must receive serious attention. With this urgency, this study discusses the role of the government in implementing legal policies in cases of people smuggling in Indonesia. This study applied a descriptive method with qualitative analysis. This paper concludes that people smuggling has been criminalized as transnational organized crime and included in the immigration law instruments in Indonesia.
Juridical-Empirical Overview of Prisoners' Guidance Model During the Covid 19 Pandemic in Class IIA Correctional Institution Sumbawa Besar Ashari Ashari; Geatriana Dewi
Unram Law Review Vol 5 No 2 (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.v5i2.188

Abstract

Sumbawa Besar Institution Class II A Correctional System in April 2021 has been inhabited by 558 prison inmates assisted whose capacity ideal should be 250 inmates. For this reason, it is predicted that the number of inmates will continue to increase in the next few years, excess capacity tends to negative implications for the inmates, for example the low level of supervision. In managing prisons, it is necessary to pay attention to factors that worsen conditions in prisons, including: excess inmates, poor prison conditions, riots among prisoners and others. This condition is made worse by the occurrence of a Coronavirus Disease 2019 (Covid-19) which has spread and caused an increasing number of victims losses in Indonesia. It was found that the social reintegration development model carried out in class II A Sumbawa prisons is guided by the two Decrees of the Ministry of Law and Human Rights. In the prison, circulation of visitors is limited in order to prevent the spread of the virus. Spiritual cleansing activity is no longer uses preachers from the Ministry of Religion but rather maximizes religious assistants taken from Class II A Sumbawa Correctional Institution employees, as well as agricultural, workshop and carpentry activities that no longer involve third parties.
Analysis of the Crime of Human Trafficking in Indonesia (Case Study: Human Trafficking with Marriage Mode in West Kalimantan) Syifa Amalia; Robby Syahputra; Alfatih Jagad
Unram Law Review Vol 5 No 2 (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.v5i2.190

Abstract

The condition of globalization has both positive and negative impacts on people in Indonesia. Many new things were done to gain an advantage for a certain party. One of them is the emergence of cases of human trafficking with various modes. These people trade often look for weak targets to target—likely women and children. Trafficking in persons is now categorized as a severe crime. So, the need for strict law enforcement for this crime is expected to be eradicated, either reduced or even eliminated. This research aims to analyse the factors causing women and children as the main target of human trafficking, the law enforcement and preventive measures of human trafficking in Indonesia. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore case studies of human trafficking. How to solve problems, protect and enforce the law in the international sphere and Indonesia. The main factors that encourage human trafficking are economic factors or poverty, law enforcement factors. Women and children are the main target of this crime because they are considered weak and belong to a vulnerable group. The Law enforcement and preventive measure of human trafficking in Indonesia conducted under Human Trafficking Act and Immigration Act.
Implementation of Law Enforcement and Immigration Control of Foreign Citizens Ilham Zico Pratama; Welby Ilham Muwaffaq; Sadra Tri Agraeny
Unram Law Review Vol 5 No 2 (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.v5i2.193

Abstract

Immigration is an agency that has the authority to carry out supervision of the traffic of anyone entering and leaving the territory of Indonesia. the Indonesian government opened immigration channels as an effort to increase the country's foreign exchange to increase economic growth. So that the government can grant visa freedom only by giving the stamp and initials given by the official. This is what is often misused by some foreign nationals who do activities in Indonesia that are not in accordance with the immigration rules that have been set. This study aims to describe law enforcement and immigration control of foreign nationals in Samarinda. In the implementation that has been running so far it has been quite good, but has not produced maximum results. To fulfill this goal, there will be 3 ways to supervise foreign countries, namely: Administrative Supervision, Field Supervision and PORA TEAM Coordination. This research will also describe several laws related to immigration law enforcement for foreign nationals.
Pengantar Ilmu Hukum dan Hubunganya Dengan Keimigrasian dan Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian Hardyano Fatih Warganegara; Andrianus Bagas Wahyu Putranto; Andhi Nur Saputra
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.201

Abstract

Human’s life cannot be separated from the law, starting from the actions by individual even group, the way people’s conducting their life, think, and punishment as a result of violation to the act. The purpose of this study is to introduce the basic provisions concerning the definition of Immigration law in Indonesia, the structure of the act and its implementation in the community by virtue of Immigration Act number 6 year 2011. The method of this study using normative legal research. The approach are statutory and conceptual approach. The result shows that the implementation of Migration Policy in Indonesia depends on the legal truth which is acceptable in the community such as customs which still considers binding in the society whether in the form of policy, principles, sanctions, etc.
Implementation Of Fulfillment Of Workers' Wage Rights With A Particular Time Working Agreement System At Pt.X Adila Azani; Siti Hajaiti Hoesin
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.202

Abstract

Legal regulations regarding wages should be the basis for employers/entrepreneurs to implement provisions regarding the fulfillment of wage rights for workers. However, the problems that often occur in the field are fulfillment of wage rights by employers to workers who are not subject to these legal provisions. One of the facts that happened to PT. X has 150 employees under the PKWT system and all of these workers receive wages below the minimum wage stipulated by the government in the current year.This is of course contrary to the provisions of labor law in the field of wages, in particular the provisions of Article 90 paragraph (1) of the Manpower Law. Based on the description of the background, the problems studied in this study are: 1. How is the implementation of the fulfillment of workers' wage rights with a certain time work agreement system at PT. X?. 2. How is the implementation of local labor inspection in fulfilling workers' wage rights with a certain time work agreement system at PT. X?. This study uses a juridical-sociological approach and descriptive research, interview data collection techniques and document studies. Based on the research conducted, the results obtained are: 1. Implementation of the fulfillment of workers' wage rights at PT. X has not been implemented as the legal provisions in the field of employment, there are 4 main legal problems that occur, namely the payment of wages below the minimum wage, payment of wages is often late than the agreed time between workers and PT. X, payment of wages for sick workers and components of wages that are not in accordance with legal provisions. 2. The implementation of labor inspection has not been implemented properly in enforcing labor norms at PT. X especially in terms of fulfilling workers' wage rights.
Implementation Of Social Security As A Form Of Assurance Of Workers' Rights In Obtaining Employment Social Security Protection In Indonesia Achmad Johansyah; Siti Hajati Hoesin
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.204

Abstract

The authority to administer social security for ASN (Civil Servant) in Indonesia is an important issue that must be resolved as a form of active attitude in providing certainty of rights to social security. The emergence of regulations issued by the state through its current government has resulted in a difference in the acquisition of rights to social security for ASN and which institutions have the authority to administer it. The regulations are the ASN Law and PP 70/2015. The research aims to analyse the certainty of the authority to administer and acquire social security rights for ASN based on the laws and regulations governing the implementation of social security. This study uses a juridical-normative approach and is descriptive. Based on the research conducted, the results obtained are that the authority for administering social security for ASN in Indonesia is regulated in the SJSN Law and the BPJS Law, where two BPJS are authorised to manage social security based on SJSN, namely BPJS Health and BPJS Employment. This authority can also be seen from the legal principle of Lex Specialis Derogat Lex Generalis, where the authority to administer social security for ASN must refer to the SJSN Law and BPJS Law, not the ASN Law. The Constitutional Court Number 7/PUU-III/2005 also confirms that the implementation of ASN social security, which state-owned companies previously carried out, is contrary to the 1945 Constitution and has no binding legal force. The existence of different interpretations and practices of ASN social security protection that are not following the current SJSN creates uncertainty and the potential loss of rights to social security protection for ASN, especially JKP, which was born after the enactment of the Job Creation Law and PP 37/2021.
Implications of Supreme Court Jurisprudence No.1400k/Pdt/1986 on Marriage Different Religions Nofrizal Nofrizal; Zulkifli Zulkifli; Hayatul Ismi; Ulfia Hasanah; Putri Annisa
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.205

Abstract

In Indonesian law, Marriage Law does not provide for marriages of different religions. Thus, Indonesia's positive law does not recognize the term interfaith or interfaith marriage. But, after the Supreme Court decision Number 1400K / Pdt / 1986, the existence of interfaith marriage in Indonesia is getting bigger. Supreme Court Decision No. 1400k/Pdt/1986, states that couples of different faiths can ask for a court determination. However, Constitutional Court Decision No.68/PUU-XII/2014 rejected the legalization of interfaith marriage. This research is normative legal research, as it is based on library research that takes reference from text books, as well as supporting data related to the problem studied assisted by primary, secondary and tertiary data sources. This research uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, first, the position of interfaith marriage in Indonesia is not regulated in Law No. 1 of 1974 concerning Marriage and the latest Marriage Law, namely Law No. 16 of 2019 concerning Marriage. The regulation of interfaith marriage in Indonesia at this time is based on the jurisprudence of Supreme Court Decision No. 1400K / Pdt / 1986. Second, the position of interfaith marriage in Indonesia according to the Constitutional Court Decree No. 86/PUU-XII/2014 is prohibited because interfaith marriage is not by the values of the Godhead in the First Precept of Pancasila, it is also contrary to the 1945 Constitution and contrary to the values of Pancasila.. However, in some plea for interfaith marriage in the court by the bride and the groom, the judge did not abide to constitutional court decision No. 86/PUU-XII/2014, so the implementation of the constitutional court's decision was ineffective. Meanwhile, in principle, according to the jurisprudence of Supreme Court Decision No. 1400K/Pdt/1986, the State merely responsible for the registration of interfaith marriages, and is not responsible for the legitimacy of interfaith marriages.
Juridical Theoretical Study Of Granting And Abolition Services Of Encumbrance Rights That Eletronically Integrated Arba Arba; Sudiarto Sudiarto; Rizky Yunian Sari
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.207

Abstract

This study aims to examine and analyze the existence of an obligation that every granting and abolition of Encumbrance Rights (roya') must be registered, to examine and analyze the synchronization of legal arrangements for the implementation of registration of granting and abolition of Encumbrance Rights according to UUHT with the Ministry regulation of Agrarian Affairs & ATR Number 9 of 2019, As well as to study and analyze the legal consequences if the granting and abolition of Encumbrance Rights is not registered electronically. This type of research is normative legal research, with the approach method being a statutory approach, conceptual approach, and analytical approach. The results of the research are: 1) that each grant and abolition (roya) of the Encumbrance right must be registered, in accordance with the provisions that the granting and abolition of the Encumbrance must be registered as an absolute requirement and as a fulfillment of the publicity principle in the Law of Encumbrance Right. 2) In the Minister of Agrarian Affairs ATR BPN Number 19 of 2019 there are parts that are not in sync with the Law of Encumbrance Right, electronic documents that are not known in the UUHT and Roya can also be implemented without an agreement that these conditions are not in accordance with the provisions in the UUHT . 3) Legal Consequences If the granting of Encumbrance Rights is not registered, then in the provisions of the Encumbrance Right, the Encumbrance is never born/never existed. If the Encumbrance waranty is never born, then the creditor is not located as a priority creditor (separatist creditor) to get the debtor's debt to be repaid. Likewise, in the abolition of Encumbrance Right (roya), if it is not registered, the Encumbrance Right is considered to have never been erased, so that the waranty remains in the control of the creditor, and the loan agreement or principal agreement has not been paid off and ended. While for the Abolition Process (Roya) of Encumbrance Right as Maintenance of Land Registration Data, if the Encumbrance right certificate has been crossed out, then the land title certificate which is used as waranty for the Encumbrance will be returned to the debtor, while the Encumbrance Right certificate is withdrawn by the Land Office and declared no valid again, as well as the land books of Encumbrance Right is declared no longer valid.
Legal Politic of Corruption Eradication After the Prevail of the Amendment Act of Corruption Eradication Commission Muhamad Rajab Fadli; Evi Vardiyana Kusumawati; Siti Salha Mazaya; Saufi Hidayat; Hariyanto Hariyanto
Unram Law Review Vol 6 No 1 (2022): 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.v6i1.217

Abstract

The amendment on corruption eradication legal policy after the enacmnet of Act Number 19 Year 2019 Concerning the Amandment of Act Number 30 Year 2002 Concerning Corruption Eradication Commission derived pros and cons among legal expert and activis of anti corruption. This study aims to determine the political policy of corruption eradication after Act Number 19 Year 2019 in force. This research is a doctrinal study and using statute approach and conceptual approach. Result of this study showed that there is considerable change in the corruption eradication act includes: the institution of Corrution Eradication Commission subsumed as part of executive institution, internal supervision under Supervision Board, transformation of Corruption Eradication Commission employe become State Civil Servant. In addition, there are numerous augmentations on the duty and fuction of the Commission. Those changes impacted to the internal body of Corruption Eradication Commission, particularly toward its independence.

Page 9 of 19 | Total Record : 184

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