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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
Bantuan Hukum dan Pembelaan Hak-Hak Masyarakat (Sejarah dan Perkembangannya): Bantuan Hukum dan Pembelaan Hak-Hak Masyarakat (Sejarah dan Perkembangannya) Zulherman Idris; Miftahur Rachman; Wira Atma Hajri; Erlina
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).16348

Abstract

The topic of Legal Aid Institutions is an important topic to discuss, because all of this is closely related to law enforcement and the expected goals of the law. This means that in the existing legal phenomenon, it turns out that law enforcement often results in injustice, so it is like an anecdote which states that “law enforcement is blunt upwards and sharp downwards". In fact, we often hear that law enforcement is always related to “will and power”, especially when it comes into contact with small and poor groups.
The Legal Aspects Of Regulating The Submission Of Mining Business Permits In The Perspective Of The Mineral And Coal Mining Law Andre Noverizky; Faidatul Hikmah
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).16539

Abstract

This research explores the impacts of changes in the Mineral and Coal Mining Law, specifically from Law No. 4 of 2009 to Law No. 3 of 2020, on the mining sector in Indonesia. The background includes concerns about the potential centralization of authority, the removal of social responsibilities from mining companies, and perceived biases in environmental management favoring mining corporations. The methodology employed a normative approach, analyzing legislative changes and relevant literature to understand their implications. The findings indicate that the centralization of authority could pose challenges to the efficient and effective management of mining activities across Indonesia. The elimination of social responsibilities from mining companies may worsen the social and economic conditions of communities around mining areas. Environmental management dynamics, particularly those favoring mining companies, especially regarding reclamation plan requirements, could jeopardize environmental sustainability. In conclusion, changes in the Mineral and Coal Mining Law have significant implications for Indonesia's mining sector. Key challenges include the potential hindrance to efficient management due to centralization, the exacerbation of community welfare issues through the removal of social responsibilities, and environmental management dynamics that might threaten ecological sustainability. Continuous evaluation and adjustments within the regulatory framework are essential to strike a balance between encouraging investment, protecting communities, and preserving the environment in the Indonesian mining sector.
Analisis Prinsip Kepastian Hukum Dalam Pengalihan Rahasia Dagang Di Indonesia Idham Arafah; Faidatul Hikmah
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).16540

Abstract

Penelitian ini bertujuan untuk mengelaborasi prinsip prosedur pengalihan rahasia dagang diIndonesia dengan analisis berdasarkan prinsip kepastian hukum. Dengan menggunakan metode penelitianyuridis-normatif, analisis dilakukan dengan menelaah peraturan perundang-undangan terkait sertamengidentifikasi kelemahan yang ditimbulkan dari formulasi pengaturan terkait pengalihan rahasia dagang.Hasil penelitian ini menunjukan bahwa upaya perlindungan rahasia dagang di Indonesia secara konseptualmengikuti ketentuan internasional dalam TRIPs yang diratifikasi menjadi UU No. 7 Tahun 1994. Ketentuanini menjadikan rahasia dagang sebagai hak kekayaan yang bersifat eksklusif, tanpa harus melaluipendaftaran. Namun demikian, proses pengalihan rahasia dagang wajib didaftarkan. Kondisi inimenimbulkan ketidakpastian, lantaran pelaku usaha yang belum mendaftarkan rahasia dagangnya tidakdapat mengalihkan rahasia dagang. Untuk itu, formulasi kebijakan perlindungan rahasia dagang perludiformulasikan kembali untuk secara efisien memberikan perlindungan yang berkepastian hukum.
KAJIAN YURIDIS UPAYA HUKUM PERSAINGAN USAHA DALAM MENCIPTAKAN KESEIMBANGAN ANTARA KEPENTINGAN PELAKU USAHA DAN PERLINDUNGAN KONSUMEN Rahmi Yuniarti; Cheny Berlian
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).17329

Abstract

Business competition law and consumer protection law have relevance in that the positive impact that occurs from healthy competition impacts business actors and consumers, as well as the negative impact that occurs if there are monopolistic practices and unfair business competition. Apart from business actors, consumers will also experience loss. The problem studied in this article is a Juridical Study of Legal Efforts for Business Competition in Creating a Balance Between the Interests of Business Actors and Consumer Protection. The approach method that will be used is normative juridical. This research is descriptive analytical in nature and the results of data processing are then analyzed using qualitative descriptive methods. Consumer rights are closely related to business competition. If unfair competition occurs and consumers become victims, consumers have the right to receive compensation. Consumers also have the right to receive appropriate advocacy, protection and efforts to resolve consumer protection disputes. It would be better if monopolistic practices and unfair business competition occur, consumers can immediately claim their rights in this case without needing to file a lawsuit for compensation again. Keywords : Business Competition Law, Business Actors, Consumers
ADOPSI NILAI-NILAI AGAMA ISLAM TERHADAP PASAL 496 RUU KUHP TAHUN 2012 July Wiarti
UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(2).18003

Abstract

The current Criminal Code is no longer in accordance with existing developments and is far from fulfilling the values ​​of the Indonesian nation. It is hoped that the 2012 Criminal Code Bill can answer this problem. The issue that is developing is that the Draft Criminal Code will adopt Islamic religious values, prostitution is an act that is also prohibited in the Islamic religion, therefore it should be regulated in the Draft Criminal Code. The problem is whether there is an opportunity for that and what challenges will be faced. If we do adopt Islamic religious values, how can we construct a good formulation regarding prostitution in the future? This research was carried out as a type of normative legal research, namely based on secondary data. The research results that the author found are that there are several challenges, in the form of: Indonesia is not an Islamic country and the population of Indonesia is not only Muslim. theoretical opportunities, namely that law is a fusion of interests, divine law theory, QS. Al-Ma'idah: 15-16, theory in the book "The Modern Trends Of Islam". Juridical opportunities, There has been an application of Islamic teaching values ​​in civil law. Apart from that, the values ​​of Islamic teachings are contained in the Al-Quran and Hadith, and are universal in nature and able to respond to existing developments in society. The Draft Criminal Code does not regulate recipients and providers of services in prostitution activities, and requires the construction of a new formulation.
LEGALITAS PENGGUNAAN TENAGA NUKLIR SEBAGAI PEMBUATAN PERSENJATAAN MILITER DARI SUDUT PANDANG HUKUM INTERNASIONAL Hapsari, Murti Ayu
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).16529

Abstract

Nuclear power is a form of energy that has many benefits such as being able to become a power plant, being one of the energies for war carriers, being the standard charter for making nuclear bombs, besides that Nuclear itself is still pro and con in its use and utilization. lir as it can be used as an energy source for electricity generation. This research uses normative juridical research methods in which normative juridical research focuses on nuclear energy laws and regulations, international conventions, and the laws of the Republic of Indonesia, so as to obtain a clearer picture. Collecting data from several reference books or from journals via the internet, after the data that has been obtained has been collected, it is then discussed and given an explanation in accordance with the applicable provisions so that the final results can be concluded. The results of research on the Legality of the use of nuclear energy as the use of military weapons from the point of view of international law show that the legality of the use of nuclear energy as the use of military weapons can be permitted if it fulfills the principles of the use of nuclear energy and the consideration of the Nuclear Energy Council so that the use of nuclear power cannot harm or become a threat to other countries in the interest of a country.
Pendekatan Politik Hukum dalam Resolusi Konflik Teritorial Indonesia-Malaysia: Analisis Keterlibatan PBB dan ASEAN Nizar, Rahadian Nizar Akbari; Dwi Hastri, Evi
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17861

Abstract

The territorial conflict between Indonesia and Malaysia has been a long-standing debate since the colonial era. One of the most contested areas between the two countries is Sipadan and Ligitan Islands on the border of the Sulu Sea. This territorial conflict arose in 1969 when Malaysia enacted the Maritime Zones Act which claimed the two islands as part of its territory. Indonesia did not recognize this claim and since then there has been tension between the two countries. This legal issue is about how the territorial conflict between Indonesia and Malaysia can be resolved through a political-legal approach involving international organizations such as the UN and ASEAN. The problem in this article is What is the political and legal strategy for resolving territorial disputes between Indonesia and Malaysia involving the UN and ASEAN Organizations? The aim of this research is to identify and analyze legal political strategies that can be used to resolve territorial disputes between Indonesia and Malaysia involving the UN Organization and ASEAN. The method used is the normative legal research method, because the normative legal research method is to analyze how the territorial conflict between Indonesia and Malaysia can be resolved through a legal political approach. The research results for this purpose are that a legal political strategy involving the UN and ASEAN Organizations can be a solution which is effective in resolving territorial disputes between Indonesia and Malaysia.
- Keabsahan Hukum Penerbitan Sertipikat Tanah Elektronik Sebagai Alat Bukti Kepemilikan Hak Atas Tanah Di Persidangan: - Michelle Priscilla; Nova, Dini Laelatul; Fajriah, Septi Naelina
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17888

Abstract

This study examines the legal validity of electronic land certificates in Indonesia, particularly in the context of land ownership and dispute resolution. The research aims to investigate the legal framework governing electronic land certificates, their admissibility as evidence in court, and their potential impact on land ownership disputes. The study reveals that electronic land certificates, introduced by the Indonesian government in 2021 have the same legal force as analog paper-based certificates. The certificates, issued through an electronic system, provide proof of land ownership and are recognized by the government as a valid means of establishing ownership. However, concerns regarding the security and integrity of the electronic system, as well as the potential for fraud and manipulation, need to be addressed to ensure the reliability and credibility of electronic land certificates. The study concludes that electronic land certificates have the potential to enhance the efficiency and transparency of land ownership transactions, but their legal validity and admissibility in court require further clarification and standardization. Keywords electronic land certificates; legal validity; land ownership; dispute resolution.
PENERAPAN HUKUM PIDANA TERHADAP PELAKU PERDAGANGAN MANUSIA (HUMAN TRAFICKING) PENGUNGSI ROHINGYA DI INDONESIA Mulia, Syahmuda Halim Dirga
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17901

Abstract

Human trafficking is often considered a violation of human rights and akin to slavery. Many factors contribute to human trafficking in Indonesia, including a population that is less aware and concerned about the issue, corrupt practices that allow access to government law enforcement agencies, and a lack of law enforcement efforts to combat human trafficking. The increasing influx of Rohingya ethnic refugees in the Aceh region has also raised concerns among the community about the potential tarnishing of Islamic law that has long been upheld by the Acehnese people. The research problems to be discussed in this study are as follows: First, how does Indonesian law address human trafficking? Second, how are criminal penalties applied to perpetrators of human trafficking in Indonesia? This research is juridical-normative legal research. Secondary data were collected through a literature study related to the legal issues or problems posed in the research. Rohingya refugees arriving in Indonesia often become victims of human trafficking, and authorities have detained several perpetrators. 
Penegakan Hukum Keimigrasian Terhadap Warga Negara Asing Yang Menyalahgunakan Izin Tinggal Kunjungan Di Indonesia Shafina, Lailan; Arif Sahlepi, Muhammad
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17965

Abstract

This research examines the enforcement of immigration law against Foreign Nationals (FNs) who abuse their stay permits in Indonesia. However, their presence often involves violations of immigration rules, such as overstaying, which impact immigration regulations and policies. The necessity of internationally based laws to regulate residency becomes crucial in addressing these challenges. While the arrival of FNs can have positive impacts such as increased tourism and investment, there are also risks of negative impacts, including national security and resilience. This study employs a qualitative approach using juridical-normative legal research methods, gathering data through literature studies related to the abuse of stay permits by FNs. The analysis results indicate the need for strict law enforcement through administrative actions, investigation, and prosecution of immigration violations. Despite these efforts being crucial for maintaining national sovereignty, challenges persist such as limited community participation in reporting violations, as well as budgetary and human resource constraints in immigration law enforcement. In conclusion, immigration law enforcement in Indonesia requires strong cross-sectoral coordination, increased public awareness, and reforms in human resource management and budgeting to enhance its effectiveness. These steps are necessary to uphold national sovereignty and ensure justice in immigration law enforcement against FNs in Indonesia.