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<![CDATA[Law Enforcement of Criminal Trading of Narcotics by the North Sumatera Narcotics Agency ]]>
<![CDATA[Ridzwan Budiadi]]>;
<![CDATA[Eriska Englin Sofia Butarbutar]]>;
<![CDATA[Rony Parlungutan Tampubolon]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i1.3088
<![CDATA[The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.]]>
<![CDATA[Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs. Myanmar. ]]>
<![CDATA[Swargodeep Sarkar]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i1.3090
<![CDATA[United Nations Secretary-General Antonio Guterres acknowledged Rohingya, “one of, if not the, most discriminated people in the world”. In Myanmar, a country with a Buddhist majority, around a million Rohingya who is the minority having their language and culture, have been persecuted for decades. In the year 2014 census, Myanmar excluded Rohingya by denying basic citizenship. Thousands of Rohingya have fled to neighbouring States after facing persecution orchestrated by Myanmar security forces with the help of local Buddhist mobs. In this background, the Gambia with the help of Organisation of Islamic Cooperation filed the case in the International Court of Justice, alleging that the actions perpetrated by Myanmar violated the provisions of Genocide Convention 1948 to which both States are the parties. Myanmar rightly questioned the standing of Gambia as the interest of Gambia was not threatened or at stake. So, in the absence of a cause of action or rights of the Gambia not affected even remotely, the International Court of Justice should not entertain the case. One of the major issues before the Court whether the Gambia has stood without being affected directly from the violations alleged to have been committed on the Rohingya. The present author will discuss the provisional measures rendered by the ICJ on 23rd January 2020 and the challenges such as jurisdiction, admissibility, urgency or irreparable prejudice condition, faced by the Court with a special focus on the “Plausibility requirement” in provisional measures.]]>
<![CDATA[Legal Study of Electricity Extension By PT. State Electricity Company In Merauke District ]]>
<![CDATA[Erni Dwita Silambi]]>;
<![CDATA[Nurwita Ismail]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i1.3382
<![CDATA[PT. PLN as one of the business actors and also as a State-owned business entity should be able and as much as possible to provide electricity evenly and quality to its consumers. But in reality the community is still faced with various problems in the field of electricity. The method used in this study is the library method and field method. library method by reading books, journals and other literature while the field data is obtained by going down to the field to retrieve data then the data analyzed using qualitative methods will then be presented descriptively. The results of this study are PT PLN Merauke trying to provide electricity supply according to the needs of the community however, PLN is also forced to take turns by blackouts at certain times because they have to carry out maintenance and rejuvenation of the machines that have also replaced old electricity poles, but if there is a rotating power outage, PLN always announces the outage through social media. and also through RRI. People as electricity users have not been active and tend to accept and be quiet if they feel disadvantaged by a power outage.]]>
<![CDATA[Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution ]]>
<![CDATA[Rudini Hasyim Rado]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i1.3495
<![CDATA[This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.]]>
<![CDATA[Immigration Law Regulations Against Traditional Border Crossers in the Border Area of Merauke Regency ]]>
<![CDATA[Samingun Samingun]]>;
<![CDATA[Julianto Jover Jotam Kalalo]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
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DOI: 10.35724/mularev.v3i1.3514
<![CDATA[The state of Indonesia is a state of law, everything is regulated by law. The Indonesian territory from Sabang to Merauke has borders with other foreign countries. The West is bordered by other countries even though it is separated from the sea, in the north it is directly adjacent to the mainland area with Malaysia, in the south it borders on land with Timor Leste and in the eastern part it is directly adjacent to Papua New Guinea. The entire area bordering either directly or indirectly is regulated by immigration law. Immigration law regulations have been well regulated, starting from the highest regulations to the lowest regulations in their respective regions. In this case, in the border area of Merauke district, which is directly adjacent to Papua New Guinea, there are immigration law regulations that are used based on positive Indonesian law, in this case laws and there are also customary laws from the local community. The occurrence of legal pluralism in the land border area of Merauke district is due to the existence of customary law that is still thick in the lives of the people in this border area, resulting in an immigration law regulation that must conform to the policies of local indigenous peoples who always cross borders from Indonesia to Papua New Guinea or vice versa, known as the designation of traditional border crossers.]]>
<![CDATA[Law Enforcement of Criminal Trading of Narcotics by the North Sumatera Narcotics Agency ]]>
<![CDATA[Ridzwan Budiadi]]>;
<![CDATA[Eriska Englin Sofia Butarbutar]]>;
<![CDATA[Rony Parlungutan Tampubolon]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i1.3088
<![CDATA[The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.]]>
<![CDATA[Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs. Myanmar. ]]>
<![CDATA[Swargodeep Sarkar]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i1.3090
<![CDATA[United Nations Secretary-General Antonio Guterres acknowledged Rohingya, “one of, if not the, most discriminated people in the worldâ€Â. In Myanmar, a country with a Buddhist majority, around a million Rohingya who is the minority having their language and culture, have been persecuted for decades. In the year 2014 census, Myanmar excluded Rohingya by denying basic citizenship. Thousands of Rohingya have fled to neighbouring States after facing persecution orchestrated by Myanmar security forces with the help of local Buddhist mobs. In this background, the Gambia with the help of Organisation of Islamic Cooperation filed the case in the International Court of Justice, alleging that the actions perpetrated by Myanmar violated the provisions of Genocide Convention 1948 to which both States are the parties. Myanmar rightly questioned the standing of Gambia as the interest of Gambia was not threatened or at stake. So, in the absence of a cause of action or rights of the Gambia not affected even remotely, the International Court of Justice should not entertain the case. One of the major issues before the Court whether the Gambia has stood without being affected directly from the violations alleged to have been committed on the Rohingya. The present author will discuss the provisional measures rendered by the ICJ on 23rd January 2020 and the challenges such as jurisdiction, admissibility, urgency or irreparable prejudice condition, faced by the Court with a special focus on the “Plausibility requirement†in provisional measures.]]>
<![CDATA[Legal Study of Electricity Extension By PT. State Electricity Company In Merauke District ]]>
<![CDATA[Erni Dwita Silambi]]>;
<![CDATA[Nurwita Ismail]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i1.3382
<![CDATA[PT. PLN as one of the business actors and also as a State-owned business entity should be able and as much as possible to provide electricity evenly and quality to its consumers. But in reality the community is still faced with various problems in the field of electricity. The method used in this study is the library method and field method. library method by reading books, journals and other literature while the field data is obtained by going down to the field to retrieve data then the data analyzed using qualitative methods will then be presented descriptively. The results of this study are PT PLN Merauke trying to provide electricity supply according to the needs of the community however, PLN is also forced to take turns by blackouts at certain times because they have to carry out maintenance and rejuvenation of the machines that have also replaced old electricity poles, but if there is a rotating power outage, PLN always announces the outage through social media. and also through RRI. People as electricity users have not been active and tend to accept and be quiet if they feel disadvantaged by a power outage.]]>
<![CDATA[Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution ]]>
<![CDATA[Rudini Hasyim Rado]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i1.3495
<![CDATA[This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders†(customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.]]>
<![CDATA[Immigration Law Regulations Against Traditional Border Crossers in the Border Area of Merauke Regency ]]>
<![CDATA[Samingun Samingun]]>;
<![CDATA[Julianto Jover Jotam Kalalo]]>
<![CDATA[ Musamus Law Review Vol 3 No 1 (2020): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i1.3514
<![CDATA[The state of Indonesia is a state of law, everything is regulated by law. The Indonesian territory from Sabang to Merauke has borders with other foreign countries. The West is bordered by other countries even though it is separated from the sea, in the north it is directly adjacent to the mainland area with Malaysia, in the south it borders on land with Timor Leste and in the eastern part it is directly adjacent to Papua New Guinea. The entire area bordering either directly or indirectly is regulated by immigration law. Immigration law regulations have been well regulated, starting from the highest regulations to the lowest regulations in their respective regions. In this case, in the border area of ​​Merauke district, which is directly adjacent to Papua New Guinea, there are immigration law regulations that are used based on positive Indonesian law, in this case laws and there are also customary laws from the local community. The occurrence of legal pluralism in the land border area of ​​Merauke district is due to the existence of customary law that is still thick in the lives of the people in this border area, resulting in an immigration law regulation that must conform to the policies of local indigenous peoples who always cross borders from Indonesia to Papua New Guinea or vice versa, known as the designation of traditional border crossers.]]>
