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<![CDATA[The Urgency of Radicalism Regulation in Legal Norms in Indonesia ]]>
<![CDATA[Lisa Mery]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v2i1.1216
<![CDATA[Radicalism is a serious threat to countries in the world, Indonesia as a country that has a large area and a population that has increased the potential threat of understanding derived from radical ideology (negative), to show the efforts made by the Indonesian government in anticipating radicalism in the country then This article lightly discusses the urgency of anticipating the threat of radicalism into the rule of law and identifying the elements of radicalism to enter into a classification of crime that is different from terrorism. This research method uses a literature study that qualitatively seeks to analyze the phenomenon of rising tendencies of radicalism in Indonesia and explains the urgency of regulating radicalism into a legal norm. Discussion and analysis of research shows that radicalism is very important (urgent) to be anticipated in a rule of law so that although there are already specific rules in Law No.5 of 2017 concerning terrorism, radicalism also has urgency to be regulated by looking at elements of the pattern of crime development that different from terrorism as a crime that is more clearly characterized by actual. The results of the identification of elements of radicalism show different tendencies with more significant indicators of radicalism before the onset of terrorism.]]>
<![CDATA[Traditional Food Arrangements as Expressions of Traditional Culture ]]>
<![CDATA[Ni Komang Irma Adi Sukmaningsih]]>;
<![CDATA[Ni Ketut Supasti Dharmawan]]>;
<![CDATA[Marwanto Marwanto]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v2i1.2259
<![CDATA[Traditional Cultural Expressions have basically been protected through national law, but in their regulation traditional food is not included as part of Traditional Cultural Expressions even though traditional food is one of Indonesia's traditional cultures that also characterizes the Indonesian Nation. For this reason, it is important to study the norms that occur in this study. The purpose of this study is to analyze the traditional food protection arrangements as traditional cultural expressions and the legal consequences that will occur if a traditional food is not listed as part of traditional cultural expressions. The method in this study uses a type of normative juridical legal research with a statute approach that focuses on the study of statutory regulations regarding legal issues in this study. The sources of legal materials in this study consist of primary, secondary, and tertiary legal materials. The results of this study indicate that traditional food regulation has not been regulated as Traditional Cultural Expressions in the law in force in Indonesia precisely in Law No. 28 of 2014 concerning Copyright. The absence of arrangements related to traditional food as Traditional Cultural Expressions results in foreign parties or other countries easily recognizing the tradition, so it is necessary to regulate traditional food as Traditional Cultural Expressions.]]>
<![CDATA[Harmonization of Abortion Settings in Indonesia ]]>
<![CDATA[Bayu Anggara]]>;
<![CDATA[Made Gde Subha Karma Resen]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v2i1.2260
<![CDATA[This study is entitled Harmonization of Abortion Law in Indonesia. Abortion today is not something that is taboo to discuss and talk about, because abortion has occurred everywhere. Abortion is a health issue that is gaining attention nowadays in Indonesia. The regulation of abortion in Indonesia is regulated by 2 (two) Laws namely the Criminal Code and the Health Law, which is where there is a conflict of norms that the Criminal Code prohibits loopholes for abortion by anyone and under any conditions. While the Health Act provides space for abortions for women with pregnancies that endanger their lives and women with pregnancies due to rape. The problem of this writing is related to the harmonization of abortion arrangements in Indonesia and abortion arrangements in the future. This research was conducted by normative legal methods. Harmonization of abortion arrangements in Indonesia is resolved with legal theory, namely the Lex Specialis Derogat Legi Generalis legal theory, meaning that if there is an abortion case in Indonesia then the source of reference or legal basis is the Health Act because it is more specific than the Criminal Code. Abortion arrangements in Indonesia in the future in the form of a Penal Code also touches on the aspect of abortion which is regulated in Article 589 to Article 592 and remains on the concept to prohibit abortion by anyone and under any conditions.]]>
<![CDATA[Arrangement for Issuance of Certificate of Substitute of Land Rights ]]>
<![CDATA[Yana Ardila]]>;
<![CDATA[Julianto Jover Jotam Kalalo]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v2i1.2270
<![CDATA[The certificate is used as a valid and strong proof if there is a problem in the future. Problems are not just about land disputes, but problems such as certificates that have been issued are damaged due to not being cared for properly, the paper is damaged due to obsolescence, then natural disasters occur that sweep away or burn the certificate, and disappear due to theft or self-negligence. For that reason, the people whose certificates have been lost, damaged and so on are obliged to come to the office of the National Land Agency (BPN) to be given a certificate to replace the lost and damaged land rights. This research was conducted using empirical juridical methods that see a statutory regulation as a benchmark and see the facts and phenomena that occur in the field, especially in Merauke. Data is obtained later and processed with primary, secondary and tertiary legal materials. From the results of the research conducted it can be said that the arrangement of the issuance of replacement certificates is clear and well structured. Starting from the highest regulation to the lowest regulation.]]>
<![CDATA[Relevance of Law Consumer Protection on Aircraft Post Master Flight Agent ]]>
<![CDATA[Fitri Pratiwi Rasyid]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v2i1.2617
<![CDATA[At the time of the accident on the Lion Air flight JT 610, there were many ideas to close the flight operating permit. In fact, if reviewed further, for whatever reason, in some "corners", there are other rights that have not even received legal certainty about their protection. One of them is about airline ticket agents. Basically, according to the Consumer Protection Act, protection is not only given to consumers but businesses are also included in carrying out their trading activities. Business actors reach up to the airline agents. Moreover, before having a ticket sales permit, the agent must make a deposit to the airline ticket being sold. However, the protection that should be given in the laws and regulations does not explain the airline's obligation to return deposits to travel agents, who are likely to suffer fatal losses.]]>
<![CDATA[The Urgency of Radicalism Regulation in Legal Norms in Indonesia ]]>
<![CDATA[Lisa Mery]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
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Check in Google Scholar
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DOI: 10.35724/mularev.v2i1.1216
<![CDATA[Radicalism is a serious threat to countries in the world, Indonesia as a country that has a large area and a population that has increased the potential threat of understanding derived from radical ideology (negative), to show the efforts made by the Indonesian government in anticipating radicalism in the country then This article lightly discusses the urgency of anticipating the threat of radicalism into the rule of law and identifying the elements of radicalism to enter into a classification of crime that is different from terrorism. This research method uses a literature study that qualitatively seeks to analyze the phenomenon of rising tendencies of radicalism in Indonesia and explains the urgency of regulating radicalism into a legal norm. Discussion and analysis of research shows that radicalism is very important (urgent) to be anticipated in a rule of law so that although there are already specific rules in Law No.5 of 2017 concerning terrorism, radicalism also has urgency to be regulated by looking at elements of the pattern of crime development that different from terrorism as a crime that is more clearly characterized by actual. The results of the identification of elements of radicalism show different tendencies with more significant indicators of radicalism before the onset of terrorism.]]>
<![CDATA[Traditional Food Arrangements as Expressions of Traditional Culture ]]>
<![CDATA[Ni Komang Irma Adi Sukmaningsih]]>;
<![CDATA[Ni Ketut Supasti Dharmawan]]>;
<![CDATA[Marwanto Marwanto]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v2i1.2259
<![CDATA[Traditional Cultural Expressions have basically been protected through national law, but in their regulation traditional food is not included as part of Traditional Cultural Expressions even though traditional food is one of Indonesia's traditional cultures that also characterizes the Indonesian Nation. For this reason, it is important to study the norms that occur in this study. The purpose of this study is to analyze the traditional food protection arrangements as traditional cultural expressions and the legal consequences that will occur if a traditional food is not listed as part of traditional cultural expressions. The method in this study uses a type of normative juridical legal research with a statute approach that focuses on the study of statutory regulations regarding legal issues in this study. The sources of legal materials in this study consist of primary, secondary, and tertiary legal materials. The results of this study indicate that traditional food regulation has not been regulated as Traditional Cultural Expressions in the law in force in Indonesia precisely in Law No. 28 of 2014 concerning Copyright. The absence of arrangements related to traditional food as Traditional Cultural Expressions results in foreign parties or other countries easily recognizing the tradition, so it is necessary to regulate traditional food as Traditional Cultural Expressions.]]>
<![CDATA[Harmonization of Abortion Settings in Indonesia ]]>
<![CDATA[Bayu Anggara]]>;
<![CDATA[Made Gde Subha Karma Resen]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v2i1.2260
<![CDATA[This study is entitled Harmonization of Abortion Law in Indonesia. Abortion today is not something that is taboo to discuss and talk about, because abortion has occurred everywhere. Abortion is a health issue that is gaining attention nowadays in Indonesia. The regulation of abortion in Indonesia is regulated by 2 (two) Laws namely the Criminal Code and the Health Law, which is where there is a conflict of norms that the Criminal Code prohibits loopholes for abortion by anyone and under any conditions. While the Health Act provides space for abortions for women with pregnancies that endanger their lives and women with pregnancies due to rape. The problem of this writing is related to the harmonization of abortion arrangements in Indonesia and abortion arrangements in the future. This research was conducted by normative legal methods. Harmonization of abortion arrangements in Indonesia is resolved with legal theory, namely the Lex Specialis Derogat Legi Generalis legal theory, meaning that if there is an abortion case in Indonesia then the source of reference or legal basis is the Health Act because it is more specific than the Criminal Code. Abortion arrangements in Indonesia in the future in the form of a Penal Code also touches on the aspect of abortion which is regulated in Article 589 to Article 592 and remains on the concept to prohibit abortion by anyone and under any conditions.]]>
<![CDATA[Arrangement for Issuance of Certificate of Substitute of Land Rights ]]>
<![CDATA[Yana Ardila]]>;
<![CDATA[Julianto Jover Jotam Kalalo]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v2i1.2270
<![CDATA[The certificate is used as a valid and strong proof if there is a problem in the future. Problems are not just about land disputes, but problems such as certificates that have been issued are damaged due to not being cared for properly, the paper is damaged due to obsolescence, then natural disasters occur that sweep away or burn the certificate, and disappear due to theft or self-negligence. For that reason, the people whose certificates have been lost, damaged and so on are obliged to come to the office of the National Land Agency (BPN) to be given a certificate to replace the lost and damaged land rights. This research was conducted using empirical juridical methods that see a statutory regulation as a benchmark and see the facts and phenomena that occur in the field, especially in Merauke. Data is obtained later and processed with primary, secondary and tertiary legal materials. From the results of the research conducted it can be said that the arrangement of the issuance of replacement certificates is clear and well structured. Starting from the highest regulation to the lowest regulation.]]>
<![CDATA[Relevance of Law Consumer Protection on Aircraft Post Master Flight Agent ]]>
<![CDATA[Fitri Pratiwi Rasyid]]>
<![CDATA[ Musamus Law Review Vol 2 No 1 (2019): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v2i1.2617
<![CDATA[At the time of the accident on the Lion Air flight JT 610, there were many ideas to close the flight operating permit. In fact, if reviewed further, for whatever reason, in some "corners", there are other rights that have not even received legal certainty about their protection. One of them is about airline ticket agents. Basically, according to the Consumer Protection Act, protection is not only given to consumers but businesses are also included in carrying out their trading activities. Business actors reach up to the airline agents. Moreover, before having a ticket sales permit, the agent must make a deposit to the airline ticket being sold. However, the protection that should be given in the laws and regulations does not explain the airline's obligation to return deposits to travel agents, who are likely to suffer fatal losses.]]>
