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UIR LAW REVIEW
Published by Universitas Islam Riau
ISSN : 25487671     EISSN : 2548768X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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Problematics Violence in Household Reviewed From Viewpoint Criminology and Victimology Dwi Seno Wijanarko; Fransiska Novita Eleanora
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2020.vol4(1).4279

Abstract

Domestic violence is an increasingly widespread problem, and is often triggered or caused by a variety of things, but the most prominent is economic problems or primary needs. Perpetrators as people who commit violence can be reviewed why to do it, due to several factors in him, such as the environment, heredity, psychiatric disturbed so that in solving household problems is often done with high emotions and full of inappropriate words spoken to the interlocutor. While the victim as the party suffering due to the treatment given by the perpetrator must also be seen, the perception of the victim as a weak party, the victims here based on the type there are victims who really want themselves to be victims, there are victims who are truly themselves victims, exploited by the perpetrators, where violence there are various forms of physical, psychological, sexual violence and neglect of the household, this is seen when viewed from the perception of criminology and victimization. The research method used is normative juridical that is by tracing the literature and legislation relating to the problem under study. The result is that the perpetrators of domestic violence are seen from the aspect of the perpetrators' responsibilities regarding their age to be able to punish and sanction, the victims see their role when the crime is related to the loss suffered, and the settlement of the household according to the law on the elimination of violence in the household namely number 23 of 2004, namely by preventing the occurrence of criminal acts, protecting victims, providing emergency assistance, assisting the process of determining the application for protection.
Presentase Dan Jaringan Korupsi Angelina Sondakh Pada Putusan Hakim Mahkamah Agung No 1616kPis.Sus2013 Anang Setiawan; Achmad Nurmandi
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2020.vol4(1).4384

Abstract

The rise of corruption cases that occur in Indonesia today, if we see corruption cases in Indonesia every year is always increasing, not decreasing, this causes people to feel angry with corruptors. The percentage and network of corruption Angelina Sondakh of the Supreme Court Judge's Decision No. 1616k / Pis.Sus / 2013 is quite interesting to examine especially if we can see who the dominant actors are in this case, both from the planning process, the bidding process, the bid evaluation process, and implementation and evaluation. This study uses a descriptive qualitative approach which illustrates the phenomenon of Angelina sondakh corruption case in the Supreme Court's Decision No. 1616 K / Pid.Sus / 2013. Descriptive analysis in this study uses the Nvivo 12 Plus software. Data from this study were sourced from the Supreme Court Decision No. 1616 K / Pid.Sus / 2013 and previous research relating to the Corruption of Angelina Sondakh. The results of this discussion The conclusions that the author can take from the presentation of the analysis above are based on the decision of the Supreme Court No. 1616 K / Pid.Sus / 2013 analyzed with Nvivo 12 Plus in general from the four processes above can be seen Corporate 9.05%, Government 7.62%, Political Parties 0.32% and Political Consultants 0%. Keyword: Corruption; Bribery; Network
Pelaksanaan Yurisdiksi Universal Terhadap Modern Piracy Jure Gentium Nadiyah Asfarosya
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2020.vol4(1).4463

Abstract

This study aims to analyze the relevance of the approach of universal jurisdiction in law enforcement against the crime of modern pirates. This study looks at piracy itself which changes over time and the effectiveness of universal jurisdiction in minimizing back piracy that can affect the international community. This research is normative. The focus of this research is to find out if Universal jurisdiction can still be used in law enforcement against Modern Piracy. Universal jurisdiction has long been in law enforcement against piracy. However, turning the numbers of countries implementing universal jurisdiction raises the question of what constitutes an obstacle to implementing universal jurisdiction over the crime of piracy. In addition, several solutions have emerged that are considered more effective in enforcing the law against modern piracy in order to prevent the culture of impunity.
Deliberation, Southeast Asian Local Wisdom in Resolving Disputes Rahdiansyah Rahdiansyah; Yulia Nizwana
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2019.vol3(02).4557

Abstract

Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself
Hubungan Konstitusi dan Negara dalam Paham Konstitusionalisme Syafriadi Syafriadi
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2019.vol3(02).4558

Abstract

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.
Perlindungan Hukum Pemegang Polis Asuransi Jiwa Terhadap Penetapan Klausula Baku Selvi Harvia Santri; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2020.vol4(1).4571

Abstract

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.
Living Law Transplantation in Construction Criminal Medical Law Juliana Susanti Gunawan
UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(2).5325

Abstract

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
Tinjauan Sistem Proporsional Terbuka Dalam Pemilu Legislatif 2019 Terhadap Dinamika Demokrasi Di Indonesia: Studi Kasus Di Kota Pekan Baru M Rizqi Azmi; Riko Riyanda
UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(2).5858

Abstract

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.
The Philosophical Dilemma of the Implementation of Justice Theory: Problems in Utilizing Land Rights between the Amungme Indigenous Tribe and PT Freeport Indonesia Muhammad Bintang Pratama; Muhammad Adib Afiq; Novita Ratna Cindi F; Savira Auril
UIR Law Review Vol. 4 No. 2 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(2).6081

Abstract

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.
Problematika Kebijakan Penegakan Hukuman Pidana Mati Untuk Koruptor Pada Masa Pandemi Corona Virus Disease 2019 (Covid-19) Wildan Tantowi; N.G.A.N Ajeng Saraswati; Viola Sekarayu Gayatri
UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(1).6123

Abstract

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.

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