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<![CDATA[Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic ]]>
<![CDATA[Iman Pasu Purba]]>;
<![CDATA[Alifia Widianti]]>;
<![CDATA[Irma Lianna]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i1.3757
<![CDATA[The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.]]>
<![CDATA[Protection of Children as Perpetrators of Criminal Act Stimulated by Pornography Based on Indonesian Laws ]]>
<![CDATA[Syarif Saddam Rivanie]]>;
<![CDATA[Avelyn Pingkan Komuna]]>;
<![CDATA[Alif Arhanda Putra]]>;
<![CDATA[Putera Fardhi Utama]]>;
<![CDATA[Abd. Kahar Muzakkir]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i1.3759
<![CDATA[This study aims to find out what laws and regulations in Indonesia protect children as criminals due to being stimulated by pornography. This research uses normative legal research methods. The data used in this study are primary data and secondary data. The data analysis technique used is qualitative data analysis techniques. The study results indicate that several laws in Indonesia protect children as perpetrators of criminal act due to being stimulated by pornography. In this case, it consists of Law No. 4 of 1979, Law No. 39 of 1999, Law No. 17 of 2016, Law No. 44 of 2008, and Law No. 11 of 2012. This can be seen from all the considerations of the Panel of Juvenile Judges in deciding the criminal case of sexual intercourse committed by the perpetrator YY against the victim of FH. Therefore, it is hoped that law enforcers regarding the handling of children who commit criminal acts resulting from being stimulated by pornography can distinguish their treatment from criminal acts in general, such as theft. In addition, children who commit crimes due to being stimulated by pornography must also be accompanied by a psychologist to ensure that the child's mental condition can return to normal. Assistance by religious leaders must also be done so that children can return to the right path and be blessed by God.]]>
<![CDATA[Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality ]]>
<![CDATA[Moh. Lubsi Tuqo Romadhan]]>;
<![CDATA[Nur Khotimah]]>;
<![CDATA[Shinta Widhaningroem]]>;
<![CDATA[Tekun Ibadata]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i1.3794
<![CDATA[The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.]]>
<![CDATA[Patterns of Corruption Prisoners Development In Indonesia In Realizing The Objective of Corruption ]]>
<![CDATA[Darmawati Darmawati]]>;
<![CDATA[Asriadi Zainuddin]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
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DOI: 10.35724/mularev.v4i1.3867
<![CDATA[Implementation of Guidance on Corruption Convicts is one of the things that must receive attention in prisons because it is one of the Extra Ordinary Crimes. In addition, most corruption crimes are committed by people who have a high social status, both in terms of their position before staying in prison as well as in terms of education and economic levels. Arrangements regarding the implementation of guidance for corruption convicts in Indonesia are regulated in the provisions of Law Number 12 of 1995 concerning Corrections and are described through Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Citizens. Regarding the guidance for corruption convicts, it still refers to the provisions of Government Regulation Number 31 of 1999 where there is no difference in terms of the implementation of coaching which is still carried out through three stages, namely the initial stage, the advanced stage and the final stage. To be able to obtain the right to parole, there are special provisions that are applied to Corruption Convicts, namely in addition to having to behave well while in prison, they must also fulfill the obligation to complete the payment of fines or replacement money to be able to submit a parole proposal.]]>
<![CDATA[The Application of The Sustainable Development Concept In Indonesia’s Environmental Law ]]>
<![CDATA[Nurmayani Nurmayani]]>;
<![CDATA[Eka Deviani]]>;
<![CDATA[Risa Mahdewi]]>;
<![CDATA[Desia Rakhma Banjarani]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
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DOI: 10.35724/mularev.v4i1.3949
<![CDATA[The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.]]>
<![CDATA[Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic ]]>
<![CDATA[Iman Pasu Purba]]>;
<![CDATA[Alifia Widianti]]>;
<![CDATA[Irma Lianna]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i1.3757
<![CDATA[The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.]]>
<![CDATA[Protection of Children as Perpetrators of Criminal Act Stimulated by Pornography Based on Indonesian Laws ]]>
<![CDATA[Syarif Saddam Rivanie]]>;
<![CDATA[Avelyn Pingkan Komuna]]>;
<![CDATA[Alif Arhanda Putra]]>;
<![CDATA[Putera Fardhi Utama]]>;
<![CDATA[Abd. Kahar Muzakkir]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i1.3759
<![CDATA[This study aims to find out what laws and regulations in Indonesia protect children as criminals due to being stimulated by pornography. This research uses normative legal research methods. The data used in this study are primary data and secondary data. The data analysis technique used is qualitative data analysis techniques. The study results indicate that several laws in Indonesia protect children as perpetrators of criminal act due to being stimulated by pornography. In this case, it consists of Law No. 4 of 1979, Law No. 39 of 1999, Law No. 17 of 2016, Law No. 44 of 2008, and Law No. 11 of 2012. This can be seen from all the considerations of the Panel of Juvenile Judges in deciding the criminal case of sexual intercourse committed by the perpetrator YY against the victim of FH. Therefore, it is hoped that law enforcers regarding the handling of children who commit criminal acts resulting from being stimulated by pornography can distinguish their treatment from criminal acts in general, such as theft. In addition, children who commit crimes due to being stimulated by pornography must also be accompanied by a psychologist to ensure that the child's mental condition can return to normal. Assistance by religious leaders must also be done so that children can return to the right path and be blessed by God.]]>
<![CDATA[Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality ]]>
<![CDATA[Moh. Lubsi Tuqo Romadhan]]>;
<![CDATA[Nur Khotimah]]>;
<![CDATA[Shinta Widhaningroem]]>;
<![CDATA[Tekun Ibadata]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i1.3794
<![CDATA[The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.]]>
<![CDATA[Patterns of Corruption Prisoners Development In Indonesia In Realizing The Objective of Corruption ]]>
<![CDATA[Darmawati Darmawati]]>;
<![CDATA[Asriadi Zainuddin]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i1.3867
<![CDATA[Implementation of Guidance on Corruption Convicts is one of the things that must receive attention in prisons because it is one of the Extra Ordinary Crimes. In addition, most corruption crimes are committed by people who have a high social status, both in terms of their position before staying in prison as well as in terms of education and economic levels. Arrangements regarding the implementation of guidance for corruption convicts in Indonesia are regulated in the provisions of Law Number 12 of 1995 concerning Corrections and are described through Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Citizens. Regarding the guidance for corruption convicts, it still refers to the provisions of Government Regulation Number 31 of 1999 where there is no difference in terms of the implementation of coaching which is still carried out through three stages, namely the initial stage, the advanced stage and the final stage. To be able to obtain the right to parole, there are special provisions that are applied to Corruption Convicts, namely in addition to having to behave well while in prison, they must also fulfill the obligation to complete the payment of fines or replacement money to be able to submit a parole proposal.]]>
<![CDATA[The Application of The Sustainable Development Concept In Indonesia’s Environmental Law ]]>
<![CDATA[Nurmayani Nurmayani]]>;
<![CDATA[Eka Deviani]]>;
<![CDATA[Risa Mahdewi]]>;
<![CDATA[Desia Rakhma Banjarani]]>
<![CDATA[ Musamus Law Review Vol 4 No 1 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i1.3949
<![CDATA[The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.]]>
