UIR LAW REVIEW
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.
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<![CDATA[Hubungan Konstitusi dan Negara dalam Paham Konstitusionalisme ]]>
<![CDATA[Syafriadi, Syafriadi]]>
<![CDATA[ UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2019.vol3(02).4558
<![CDATA[Hubungan antara konstitusi dengan negara sangat erat. Negara dalam hal ini pemerintah tidak dapat melaksanakan kekuasaan tanpa konstitusi. Demikian sebaliknya, konstitusi tidak akan lahir tanpa adanya negara. Akan tetapi, kelahiran sebuah konstitusi adalah kehendak dari rakyat, sebab rakyatlah yang memiliki kedaulatan atas Negara. Dalam pandangan K.C. Wheare, Konstitusi digambarkan sebagai system ketatanegaraan dari suatu Negara dan kumpulan dari berbagai peraturan yang membentuk serta mengatur pemerintahan. Tulisan ini mengkaji dan menganalisis secara yuridis berbagai peraturan perundang-undangan berdasarkan teori untuk menjawab permasalahan hubungan Konstitusi dan Negara dalam Paham Konstitusionalisme.]]>
<![CDATA[Perlindungan Hukum Pemegang Polis Asuransi Jiwa Terhadap Penetapan Klausula Baku ]]>
<![CDATA[Santri, Selvi Harvia]]>;
<![CDATA[Rahdiansyah, Rahdiansyah]]>
<![CDATA[ UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2020.vol4(1).4571
<![CDATA[The agreement that occurred between the insurance company and the insured was outlined in the policy. The insurance policy is standard or standard, meaning that the policy has been issued in advance by the insurance company. According to the provisions of the policy or form of insurance agreement with any name, the following attachments may not contain different words or interpretations, but in reality the policies issued by insurance companies contain languages that contain different interpretations by the parties resulting in the rejection of the claims submitted by the insured or the holder policy. The issues raised in this paper are how is the standard contract arrangements for life insurance policies in Indonesia and how is the form of legal protection of policy holders for the application of life insurance policy standard clauses in Indonesia? The research method used is empirical juridical by conducting field observations through interviews to the parties later Interview results are analyzed in accordance with insurance regulations in Indonesia. The purpose of this paper is to find out the rules governing standard life insurance contracts in Indonesia and to find out the form of legal protection for policy holders against the application of a standard life insurance policy clause in Indonesia. Standard contract arrangements in Indonesia are regulated based on OJK Financial Services Authority Regulation No. 1 / POJK.07 / 2013 and Law No. 8 of 1999 concerning consumer protection and Government Regulation No. 73 of 1992 Article (19), and Law No. 40 of 2014 concerning Insurance Business, while the form of legal protection of policyholders in applying standard contracts to life insurance policy is an insurance company responsible for providing compensation if a claim is claimed by the insured, which has fulfilled the provisions in the life insurance policy, if it raises a dispute the insured is entitled to settle a dispute through a mediation institution based on Article 54 CHAPTER XI of Law number 40 concerning Insurance namely regarding the legal protection of policyholders, for the insured and insurance companies.]]>
<![CDATA[Living Law Transplantation in Construction Criminal Medical Law ]]>
<![CDATA[Gunawan, Juliana Susanti]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).5325
<![CDATA[Laws live and develop from patterns of behavior in society, laws are not free of values, between legality and justice are inseparable. Laws made by the authority of sovereign states that are regulated and have sanctions can work effectively if there is a relationship of moral values that provide essential justice. Medical Criminal Law (MCL) regarding medical action has not been comprehensively regulated in the legal subsystem in the health sector. The complexity of the problems that arise in society is always growing which is followed by rapid advances in medical science and technology so that MCL is needed for legal certainty for medical personnel and legal protection for the community. Literature study in normative analytical research with a conceptual approach offers the idea of moral transplantation in the construction of MCL can be built under the values that live and develop in society (living law) based on the principle of material legality]]>
<![CDATA[Tinjauan Sistem Proporsional Terbuka Dalam Pemilu Legislatif 2019 Terhadap Dinamika Demokrasi Di Indonesia: Studi Kasus Di Kota Pekan Baru ]]>
<![CDATA[Azmi, M Rizqi]]>;
<![CDATA[Riyanda, Riko]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).5858
<![CDATA[In the 2019 DPR RI and Provincial, Regency and City (DPRD) DPRD elections, elections were conducted through an open proportional system. In Pekanbaru City, they also feel the same enthusiasm, proportional euphoria is open to election participants. However, this system also contains weaknesses according to the theory, including: Voters' political participation is damaged by political pragmatism in competing for votes so that on the one hand money politics or vote buying and selling are more prevalent, on the other hand political costs are getting more expensive, which encourages the people to corruption. Second, political parties are still dominated by a handful of people who created Politic Oligarch. From the results of the study, it shows that party elites and the voting community in Pekanbaru prefer an open proportional system in the 2019 legislative elections compared to closed proportional ones, there are several considerations such as: (1) An open proportional system is fair enough for legislative competition and can increase transparency in Elections. (2) With an open proportion, it can educate voters through campaign programs. (3) By using any system, the space for political money will always be open. (4) Lower serial numbers still have the opportunity to gain votes. (5) The open proportional system further legitimizes the people's sovereignty in the closed proportional area. (6) The open proportional system further increases voter participation.]]>
<![CDATA[Polemik Pengesahan Omnibus Law: UU Cipta Kerja Dalam Perspektif Sosiologi Hukum ]]>
<![CDATA[Farrisqi, Karinina Anggita]]>;
<![CDATA[Fauzi, Agus Machfud]]>
<![CDATA[ UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review ]]>
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DOI: 10.25299/uirlrev.2021.vol5(1).5882
<![CDATA[A law with a concept on the omnibus law in the world of law in the State of Indonesia is a new perspective in the field of law. The point in omnibus law is different from the meaning, nature, and concept of legal norms in existing laws. We can also interpret this concept as a way of settling the forms of regulation in legislation into law and which in the end have consequences for revoking some invalid regulations. With the use of a new perspective like this, of course, people's thinking is also increasingly modern, including following the flow of globalization. In this era of globalization, there are certainly many incidents in the spread of hoax news. This problem is carried out by qualitative research methods and using several theories. The subject matter to be discussed can also be found in the conclusion that the perspective used by the drafters of the law is increasingly modern which will also provide the potential for the spread of hoaxes from people who follow the flow of globalization. Therefore, if the government and the DPR enforce themselves in making laws with the concept of the omnibus law, then the formation process needs to follow the method of prolegnas, has a good academic script, and is not in a hurry by involving stakeholders and the community.]]>
<![CDATA[The Philosophical Dilemma of the Implementation of Justice Theory: Problems in Utilizing Land Rights between the Amungme Indigenous Tribe and PT Freeport Indonesia ]]>
<![CDATA[Pratama, Muhammad Bintang]]>;
<![CDATA[Afiq, Muhammad Adib]]>;
<![CDATA[Cindi F, Novita Ratna]]>;
<![CDATA[Auril, Savira]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).6081
<![CDATA[This study analyzes the philosophical dilemma of the implementation of the theory of justice, the problem of the use of land rights between the Amungme Indigenous Tribe and PT Freeport Indonesia. This research is normative legal research using secondary data sources through prescriptive literature studies. The results show that there are problems in the use of land ownership rights; there are contradictions in the use of reasons for claiming ownership rights over the disputed land. The Amungme Adat tribe adheres to the theory of natural law with concrete implementation in the form of traditional customs which considers disputed land as ancestral heritage land, which is the absolute right of the Amungme Adat tribe. Meanwhile, PT Freeport Indonesia uses positivist legal theory with concrete implementation in the form of the use of Contract of Work and Agreement as positive law which is used as a strong basis for claiming ownership rights over the disputed land. In this research, we will discuss the philosophical dilemma of the implementation of the theory of justice comprehensively, the problem of the use of land rights between the Amungme Indigenous Tribe and PT Freeport Indonesia based on the use of the theory of justice. The limitation of this research lies in the study using literature data sources without empirical research. In the future, it is hoped that similar research can use this research as an essential reference in conducting research that can obtain factual data in the field so that it can provide more accurate results.]]>
<![CDATA[Problematika Kebijakan Penegakan Hukuman Pidana Mati Untuk Koruptor Pada Masa Pandemi Corona Virus Disease 2019 (Covid-19) ]]>
<![CDATA[Wildan Tantowi]]>;
<![CDATA[Saraswati, N.G.A.N Ajeng]]>;
<![CDATA[Gayatri, Viola Sekarayu]]>
<![CDATA[ UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2021.vol5(1).6123
<![CDATA[This research examines the problems arising from the criminal law policy of imposing the death penalty for corruptors during the Covid-19 pandemic. C. Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes is one of the weapons to fight corruption in Indonesia, especially during the Covid-19 pandemic as a national non-natural disaster which has been a serious concern of the government. In the event of corruption cases occur during the Covid-19 pandemic, such criminal cases should be tackled in an extraordinary and special way because the impact of Covid-19 pandemic has affected all sectors of life, one of which is the economy. Considering the Covid-19 pandemic, it is appropriate if Indonesia is currently categorized under certain conditions. It means that this condition implies that if a criminal act of corruption occurs during the Covid-19 pandemic, law enforcers can prosecute or impose a death penalty for corruption perpetrators as stipulated in Article 2 paragraph (1) and (2) of the Corruption Eradication Law. This research used the normative legal method which is carried out through literature study with the aim of writing the article to find out what weaknesses can lead to juridical problems with the enforcement of the death penalty against corruptors in Indonesia and to analyze the urgency of criminal law policy n the imposition of the death penalty for corruptors during the Covid-19 pandemic.]]>
<![CDATA[Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik: Studi Kasus Pengadilan Negeri Koto Baru ]]>
<![CDATA[Wahyuni, Sry]]>;
<![CDATA[Marwenny, Elwidarifa]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
Publisher : <![CDATA[UIR Press ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).6468
<![CDATA[The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.]]>
<![CDATA[Pengaturan Pemutusan Hubungan Kerja (Phk) di Indonesia dan Singapura: Studi Perbandingan Hukum Indonesia dan Hukum Singapura ]]>
<![CDATA[Sudjudiman, Haikal]]>;
<![CDATA[Najicha, Fatma Ulfatun]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).6767
<![CDATA[As a rule of law, Indonesia is required to provide legal protection to all its citizens, including employers and workers. Legal protection for workers to ensure the basic rights of workers to create workers' welfare, including termination of employment. However, in practice, there are still cases of rights in terms of termination of employment. This journal will describe clearly the equality and guarantee of legal protection for workers' rights in cases of termination of employment in Indonesia and Singapore so that we can benefit from the legal protection offered by Singapore. This research is a juridical normative legal research using the comparative law method. Therefore, the data source used is a secondary data source collected by literature study techniques. After the data is collected, the data is processed and analyzed using descriptive qualitative analytic methods, meaning that the data is grouped according to the aspects studied and then drawn from the conclusions and described descriptively. Based on the research results, it is found that the legal protection of the rights of daily workers in Indonesia and Singapore has its own advantages and disadvantages.]]>
<![CDATA[Interpreting The State's Right to Control In the provisions of Article 33 Paragraph (3), The Constitution of 1945 Republic of Indonesia ]]>
<![CDATA[Suparto, Suparto]]>
<![CDATA[ UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review ]]>
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DOI: 10.25299/uirlrev.2020.vol4(2).6889
<![CDATA[Article 33 paragraph (3) of The Constitution Republic of Indonesia in 1945 stipulates that "Earth, water and natural resources contained therein controlled by the State and used for the people's welfare". Understanding of the earth (which is called land) according to the provisions of Article 1 paragraph (4) of Law Number 5 of 1960 concerning Basic Regulations on Basic Agrarian Issues is the surface of the earth and the body of the earth underneath it and which is under water. The meaning of the provisions of Article 33 paragraph (3) in The Constitution of 1945 is that the State as the highest power organization of all people (the nation) acts as the Governing Body. The right to control the State or be controlled by the State in this article does not mean "owned", but in the sense of giving authority to the State as the highest power organization of the Indonesian nation. The Constitutional Court elaborated State's Right to Control becomes 5 (five) authorities whose purpose is as much as possible for the prosperity of the people, including: (1). Formulate policy (beleid), (2). Make arrangements (regelendaad), (3). Carry out management (bestuurdaad), (4). Carry out management (beheerdaad), and (5). Supervise (toeichthoudensdaad). The earth, water and natural resources contained in the earth are the main points of people's prosperity, therefore they must be controlled by the State and used for the greatest prosperity of the people.]]>
