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INDONESIA
UIR LAW REVIEW
Published by Universitas Islam Riau
ISSN : 25487671     EISSN : 2548768X     DOI : -
Core Subject : Social,
UIR Law Review edisi keempat Oktober 2018, menerbitkan artikel tentang Perlindungan Penyandang Disabilitas, Perlindungan Konsumen, Asuransi, Aplikasi Berbayar, Statuta Roma, Alternatif Penyelesaian Sengketa, Kontrak, Pengelolaan Air Limbah, Perkawinan, Pajak dan Restribusi.
Arjuna Subject : -
Articles 151 Documents
TINJAUAN YURIDIS PENGUJIAN FORMIL UNDANG-UNDANG DI MAHKAMAH KONSTITUSI fudika, moza dela
UIR Law Review Vol. 6 No. 1 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(1).15560

Abstract

One of the powers of the Constitutional Court is to carry out legal review of the 1945 Constitution. This review consists of formal review and material review. In implementing the authority for formal review, not a single request for formal review has been granted by the Constitutional Court. One of the problems, if viewed from a normative perspective, is that the touchstone for the implementation of judicial review is the law, not the 1945 Constitution as intended in the provisions of Article 24C paragraph (1) of the 1945 Constitution.
Kekerasan Seksual di Perguruan T ANALISIS PENGARUH RELASI KUASA DAN PATRIARKI DALAM FENOMENA KEKERASAN SEKSUAL DI PERGURUAN TINGGI DALAM PERSPEKTIF HAK ASASI MANUSIA : PENGARUH RELASI KUASA DAN PATRIARKI DALAM FENOMENA KEKERASAN SEKSUAL DI PERGURUAN TINGGI DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA Refika, Fanny
UIR Law Review Vol. 7 No. 1 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(1).15586

Abstract

Sexual violence that occurs in the college environment has become a serious problem, the rise of sexual violence cases that occur in the university environment has again made many parties aware that there is abuse and deviation of power, where someone who has a higher position and / or power has imposed his will on others whose position and / or power is lower. The method used to answer the problems mentioned above is the Normative Legal Research method. Patriarchal culture makes a clear distinction between men and women, especially when it comes to male-dominated power. Students who are victims of sexual violence are afraid to face academicians who have “influence” or “power”, so they are forced to remain silent. Permendikbudristek Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Environment highlights the influence of power relations and culture as the main causes of sexual violence cases. become a stigma inherent in social values, cultural aspects and structural factors. Sexual violence in the university environment committed by the academic community is a violation of human rights, therefore this regulation was created to provide a sense of security to women from the influence of power relations and also patriarchal culture found in the university environment. Keywords: Power Relations; Patriarchy; Sexual Violence in Higher Education
ANALISIS BISNIS SECARA SYARIAH PADA TRANSAKSI ELEKTRONIK DALAM KAJIAN FILSAFAT HUKUM ISLAM Nur Aisyah Thalib; Thalib, Abd
UIR Law Review Vol. 3 No. 1 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2019.vol3(1).15587

Abstract

Trading transactions are not just done conventionally, where buyers and sellers meet in person. Now transaction has turned into a cyber-spaced transaction, where trading transaction is done through social networks, computers, mobile phones, and so on. Such a transaction is called an online trading transaction. (e-commerce). This article aims to analyze the study of the philosophy of Islamic law about business in the Shariah on electronic transactions. This writing uses normative methods of research that are descriptive. The source of legal material uses primary legal material such as regulations of legislation-invitations and secondary legal materials such as books and all scientific publications on related legal research. Data collection techniques using the study of libraries from both print and electronic media (internet). Based on the results of research and data analysis, to date Indonesia has not had a legal instrument to accommodate the development of e-commerce. While the law is one of the main ornaments in business. In the absence of special regulations governing virtual agreements, automatically such agreements on the Internet will be governed by applicable non-electronic agreement laws.
Asas Peradilan Cepat Dalam Pengadilan Hubungan Industrial: (Studi Lokasi Pengadilan Hubungan Industrial Yogyakarta) Puti Mayang Seruni
UIR Law Review Vol. 3 No. 1 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2019.vol3(1).15592

Abstract

This legal research aims to identify the relation between the speedy administration of justice  in the industrial relations court and the implementation of the time limit for termination of employment relationship cases at the Yogyakarta industrial relations court in 2017 with the speedy administration of justice  and the legal consequences if the time limit provisions cannot be met. This legal research is a empirical research that used primary and secondary data obtained from literature and field research. There are 3 (three) conclusions that can be drawn from the result of this research. First, the application of the speedy administration of justice  in the industrial relations court can be found in art Number 2 of 2004 on Industrial relations dispute settlement act, which must be resolved within 50 days since the first trial. Second, the implementation of the time limit for termination of employment relationship cases at the Yogyakarta industrial relations court in 2017 is sufficient in accordance with art Number 2 of 2004 on Industrial relations dispute settlement act, as many as 6 out of 11 cases can be completed on time. Third, there are no legal consequences that occur if the time limit provisions cannot be met.
KRIMINALISASI KEBIJAKAN PEJABAT PUBLIK DALAM HUKUM PIDANA Abdul Mutalib
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15611

Abstract

This article aims to discuss how to solve the criminalization of public official policies. In the context of democratization, public official policies are seen as a process of accommodating the wishes of various stakeholders in society, the environment as a legally binding and enforced product. This is where law becomes very important to discuss its contextuality, especially in relation to the policies of public officials as an instrument of society. This paper tries to review a little about the criminalization of public official policies in criminal law. The method used by normative by the conceptual approach, which examines the problem of the vision of legal reform related to the criminalization of public official policies, which is based on theoretical studies and doctrines. legal experts, that can be convicted and held accountable, such as responsibility in the concept of criminal law.
Akibat Hukum Pencatatan Perkawinan Beda Agama Mardalena Hanifah
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15625

Abstract

Marriage is a legal contract between two individuals who are bound by law and religion to build a happy household for the rest of their lives. Every couple marries for love and the desire to live together legally and officially. Marriage is also essential in religion since it is viewed as a holy connection that God blesses. The legal ramifications of recording marriages of different religions are the focus of this study. The purpose of this research is to examine the legal implications of recording marriages between people of various religions. This study is normative, employing an approach to legal concepts in Marriage Act No. 1 of 1974. According to the research, interfaith marriage is outlawed and ruled religiously unlawful under Indonesian law, but its registration is valid under state law. As a legal result of the existence of marriage registration, the marriage's status is valid, therefore the bond between husband and wife who give birth to children through interfaith marriage provides the kid with legal standing and is legally recognized.
KEDUDUKAN ANAK DARI PERKAWINAN TIDAK TERCATAT DI INDONESIA Ratna Puspitasari
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15651

Abstract

The rights, obligations and responsibilities of children towards their families continue continuously throughout the lives of the children and their parents according to positive law and religious or belief law. . The status and position of the child is whether the state recognizes it or not in positive legal terms. Differences in legal protection for children legally exist, although this does not ignore the status and position of children born from unregistered marriages, but only relates to the protection system and resolving legal problems which contain other meanings of administrative and positive legal protection only. Children from unregistered marriages receive civil and public legal guarantees and protection from their mothers and their mothers' families, not from their fathers and their father's families. This research uses positive legal and religious studies as well as qualitative descriptive research methods with findings that legally children born out of wedlock can obtain rights like legitimate children but must fulfill requirements, one of which is legal recognition from the parents who seeded or impregnated the mother.
EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA July Wiarti
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15681

Abstract

Cases of criminal acts of corruption continue to increase every year and so it appears that there are problems in law enforcement. Lawrence M. Friedman said there are three components that can be studied to see whether good law enforcement has been implemented or whether a law is effective or not, namely legal substance, legal structure and legal culture. Therefore, it is necessary to study these three components regarding criminal acts of corruption to see how the law is enforced. The method used is normative legal research which is based on secondary data. Based on these three components, it was indeed found that there were problems in law enforcement regarding criminal acts of corruption. In terms of legal substance, the existing provisions are no longer in accordance with the current situation, for example in terms of types of criminal acts of corruption that have experienced development and provisions that still cause problems in their implementation. In terms of legal structure, several institutions have been involved, including KPK, but KPK's performance is far from good, in fact ICW said KPK's performance is still poor. Finally, in terms of legal culture, society still finds it difficult to let go of the habit of corrupt practices, as does law enforcement.
Akibat Hukum Kantor Pajak Sebagai Kreditor Pemohon Pernyataan Pailit Devi Andani
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15687

Abstract

This study aims to determine the legal consequences of the tax office as a creditor of the applicant for bankruptcy. This research is qualitative research and normative legal research. Research data was collected using literature and document studies. The data that has been collected will be identified and arranged systematically, including data obtained from primary legal materials, secondary legal materials, and tertiary legal materials. Then all the data obtained from the literature study and document study were relevant to related theories and written descriptively and analyzed qualitatively. The results of this study show that the Tax Office as creditor of the applicant for bankruptcy has the legal consequence that the process of bankruptcy application submitted by the Tax Office as debtor is possible. So for creditors who have debts in the form of taxes, the Tax Office as debtor can submit a request for bankruptcy proceedings. The Tax Office has a very high-ranking statutory priority/privilege. States have general statutory priority rights for unpaid taxes, interest, fines, and fees. This special position ends 2 (two) years after the tax assessment date. Even though the Tax Office is a government institution that has its authority to carry out efforts to collect and pay off taxes, based on the provisions for filing a bankruptcy declaration application or to act as another creditor in a bankruptcy declaration application, this should be implemented consistently. Thus, tax debts have the possibility of being asked for repayment by taxpayers through the mechanism of requesting a bankruptcy declaration.
PENERAPAN AZAS KEADILAN PADA PERJANJIAN ASURANSI DALAM UPAYA MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP PEMEGANG POLIS Selvi Harvia Santri
UIR Law Review Vol. 8 No. 1 (2024): Vol. 8 No. 1 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(1).15691

Abstract

Humans will always face risks that cause losses in carrying out their daily activities, both risks to property and life. The policy serves as written proof that insurance has occurred. In the case of taking out a policy, the position of the insurer will be stronger than that of the policy holder or insured so that injustice occurs, where in practice the policy has been prepared by the insurance company, so this brings benefits to the insurance company itself, the company has the right to determine the contents of the agreement, the party The insured is in a weak position because he does not participate in determining the contents of the agreement, so a form of legal protection is needed for the policy holder or insured (consumer). There is an imbalance between the rights and obligations of the parties. So there is the potential for insurance companies to tend to protect their interests in such a way by setting a number of provisions that limit the rights of the insured so that the standard contract can become a unilateral clause