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<![CDATA[The Influence of International Law in 1945 Constitution Amendments of the Republic of Indonesia ]]>
<![CDATA[Rudi Natamiharja]]>;
<![CDATA[Algizca Rasya]]>;
<![CDATA[Ria Wierma Putri]]>;
<![CDATA[Desia Rakhma Banjarani]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i2.3981
<![CDATA[As a country that is active in international relations, Indonesia often creates relations about the relationship between international and national law, which also raises questions about the influence between the two. The linkages between international law and national law give rise to each other, including in the process of drafting amendments to the constitution of a country, one of which is Indonesia. This paper discusses the influence of international law in the amendments to the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical in the form of library research. The results of the research are that there is a link between national law and law that influence each other, including in the process of amending the 1945 Constitution of the Republic of Indonesia. Although not all articles are affected by international law, at each stage of the amendment there are several articles that have a positive effect on the whole. directly or indirectly.]]>
<![CDATA[Violence Against Women During the Covid-19 Pandemic ]]>
<![CDATA[Jumriani Nawawi]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i2.4094
<![CDATA[The COVID-19 pandemic that has hit the world has had a huge impact. Women are one of the groups affected by the pandemic. Legal protection for women has been established and has permanent legal force. However, the reality is that violence against women continues both culturally and structurally. This article describes the impact of the pandemic on women and efforts to eliminate violence against women during the pandemic. This research was conducted by systematically examining the laws and regulations and by using the technique of collecting document studies from the results of research on violence against women. The results of the study describe that COVID-19 has had a tremendous impact on women in terms of achieving sustainable development goals in Indonesia. During the COVID-19 pandemic, violence against women has increased.]]>
<![CDATA[Principles Audi Et Alteram Partem Compatibility in Litigation Process at State and Religious Court: Impact of Pandemic ]]>
<![CDATA[Sekhar Chandra Pawana]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i2.4108
<![CDATA[The Covid-19 pandemic that surge around the world, caused adjustments in various ways, including in the law. The existence of regulations regarding e court strongly supports government programs in suppressing the rate of development of the Covid-19 virus, but on the other hand this development raises questions regarding the application of the principle of audi et alteram partem. This paper aims to present how the application of Principles Audi Et Alteram Partem Compatibility in Litigation Process in State and Religious Court in emergency situation. This study uses an normative method approach with descriptive analytical research specifications. This research seeks to illustrate the facts of the Audi et Alteram Partem Principle Compatibility in E-court anda E-Litigation.. Starting from this, there should be synchronization and uniformity of rules for all judicial processes, which should ideally be conducted electronically. From the results of the study, the implementation of the electronic trial shows the application of the principle of audy et alteram partem. All of this is in the interest of the justice-seeking community itself so that the trial process can better guarantee. It is found that even though the court process is conducted online, the principle of audi et alteram partem can be realized.]]>
<![CDATA[Critical Analysis of The Policy of Mediation Time in The Employment Disputes Settlement ]]>
<![CDATA[Ilham Aji Pangestu]]>;
<![CDATA[Fitri Fitri]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v4i2.4132
<![CDATA[Relationship among stakeholders in an industrial environment does not always run well. The conflicts within an industrial relationship are common, and they are known as industrial relation disputes. However, the disputes must be settled such as by mediation. This study aimed to analyze and investigate the 30 (thirty) day mediation period specified by Article 15 of the PPHI Law for the settlement of industrial relation disputes by the mediator. This study is a normative legal study utilizing a statutory approach and a case approach in which legal materials were gained through literature review. It was found that the settlement period must be completed by the mediator was ideally considering two aspects: the number of cases and the number of mediators. The researchers suggested that the provisions of Article 15 of the PPHI Law cannot be implemented equally; due to each region have the different number of cases and the number of mediators. In addition, the non-ideal number of functional mediators was taking into account the aspect of the number of cases received, so currently the service and technical implementation of the settlements do not run optimally. Based on the results of the study, the researcher suggests the stakeholders: first, to revise Article 15 of the PPHI Law, which is related to the period of time for the mediator in completing the duties. Second, to increase the number of functional mediators by considering the number of cases received.]]>
<![CDATA[Function of Givu as Traditional Law of the Tau Taa Wana Tribe ]]>
<![CDATA[Restu Monika Nia Betaubun]]>;
<![CDATA[Moh. Nutfa]]>;
<![CDATA[Endang Yuliasih]]>;
<![CDATA[Rivaldhy N Muhammad]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
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DOI: 10.35724/mularev.v4i2.4188
<![CDATA[This study aims to explain the function of Givu as customary law as well as an identity that is able to regulate social life in the Tau Taa Wana Tribe community. The research approach used is descriptive qualitative. There were 13 informants who were selected by purposive sampling. The data used include primary and secondary data through qualitative observations, in-depth interviews, focus group discussions, documentation and document studies. Data analysis is a qualitative analysis through an interactive model, namely data reduction, data presentation; and levers. The results of the study show that Givu is a customary law that is sourced from noble abstract values and rules so that it becomes a guide for social behavior that is able to support social structures. The application of Givu is regulated through institutions such as regulating economic, political and social needs. Close relationship with Mogombo (deliberation) for customary law decisions against a disturbance that maintains the spirit of collectivity and is able to strengthen a participatory culture. The importance of external recognition and respect for Givu customary law as well as state recognition and protection for the existence of the Tau Taa Wana Tribe.]]>
<![CDATA[The Influence of International Law in 1945 Constitution Amendments of the Republic of Indonesia ]]>
<![CDATA[Rudi Natamiharja]]>;
<![CDATA[Algizca Rasya]]>;
<![CDATA[Ria Wierma Putri]]>;
<![CDATA[Desia Rakhma Banjarani]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i2.3981
<![CDATA[As a country that is active in international relations, Indonesia often creates relations about the relationship between international and national law, which also raises questions about the influence between the two. The linkages between international law and national law give rise to each other, including in the process of drafting amendments to the constitution of a country, one of which is Indonesia. This paper discusses the influence of international law in the amendments to the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical in the form of library research. The results of the research are that there is a link between national law and law that influence each other, including in the process of amending the 1945 Constitution of the Republic of Indonesia. Although not all articles are affected by international law, at each stage of the amendment there are several articles that have a positive effect on the whole. directly or indirectly.]]>
<![CDATA[Violence Against Women During the Covid-19 Pandemic ]]>
<![CDATA[Jumriani Nawawi]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i2.4094
<![CDATA[The COVID-19 pandemic that has hit the world has had a huge impact. Women are one of the groups affected by the pandemic. Legal protection for women has been established and has permanent legal force. However, the reality is that violence against women continues both culturally and structurally. This article describes the impact of the pandemic on women and efforts to eliminate violence against women during the pandemic. This research was conducted by systematically examining the laws and regulations and by using the technique of collecting document studies from the results of research on violence against women. The results of the study describe that COVID-19 has had a tremendous impact on women in terms of achieving sustainable development goals in Indonesia. During the COVID-19 pandemic, violence against women has increased.]]>
<![CDATA[Principles Audi Et Alteram Partem Compatibility in Litigation Process at State and Religious Court: Impact of Pandemic ]]>
<![CDATA[Sekhar Chandra Pawana]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i2.4108
<![CDATA[The Covid-19 pandemic that surge around the world, caused adjustments in various ways, including in the law. The existence of regulations regarding e court strongly supports government programs in suppressing the rate of development of the Covid-19 virus, but on the other hand this development raises questions regarding the application of the principle of audi et alteram partem. This paper aims to present how the application of Principles Audi Et Alteram Partem Compatibility in Litigation Process in State and Religious Court in emergency situation. This study uses an normative method approach with descriptive analytical research specifications. This research seeks to illustrate the facts of the Audi et Alteram Partem Principle Compatibility in E-court anda E-Litigation.. Starting from this, there should be synchronization and uniformity of rules for all judicial processes, which should ideally be conducted electronically. From the results of the study, the implementation of the electronic trial shows the application of the principle of audy et alteram partem. All of this is in the interest of the justice-seeking community itself so that the trial process can better guarantee. It is found that even though the court process is conducted online, the principle of audi et alteram partem can be realized.]]>
<![CDATA[Critical Analysis of The Policy of Mediation Time in The Employment Disputes Settlement ]]>
<![CDATA[Ilham Aji Pangestu]]>;
<![CDATA[Fitri Fitri]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i2.4132
<![CDATA[Relationship among stakeholders in an industrial environment does not always run well. The conflicts within an industrial relationship are common, and they are known as industrial relation disputes. However, the disputes must be settled such as by mediation. This study aimed to analyze and investigate the 30 (thirty) day mediation period specified by Article 15 of the PPHI Law for the settlement of industrial relation disputes by the mediator. This study is a normative legal study utilizing a statutory approach and a case approach in which legal materials were gained through literature review. It was found that the settlement period must be completed by the mediator was ideally considering two aspects: the number of cases and the number of mediators. The researchers suggested that the provisions of Article 15 of the PPHI Law cannot be implemented equally; due to each region have the different number of cases and the number of mediators. In addition, the non-ideal number of functional mediators was taking into account the aspect of the number of cases received, so currently the service and technical implementation of the settlements do not run optimally. Based on the results of the study, the researcher suggests the stakeholders: first, to revise Article 15 of the PPHI Law, which is related to the period of time for the mediator in completing the duties. Second, to increase the number of functional mediators by considering the number of cases received.]]>
<![CDATA[Function of Givu as Traditional Law of the Tau Taa Wana Tribe ]]>
<![CDATA[Restu Monika Nia Betaubun]]>;
<![CDATA[Moh. Nutfa]]>;
<![CDATA[Endang Yuliasih]]>;
<![CDATA[Rivaldhy N Muhammad]]>
<![CDATA[ Musamus Law Review Vol 4 No 2 (2022): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v4i2.4188
<![CDATA[This study aims to explain the function of Givu as customary law as well as an identity that is able to regulate social life in the Tau Taa Wana Tribe community. The research approach used is descriptive qualitative. There were 13 informants who were selected by purposive sampling. The data used include primary and secondary data through qualitative observations, in-depth interviews, focus group discussions, documentation and document studies. Data analysis is a qualitative analysis through an interactive model, namely data reduction, data presentation; and levers. The results of the study show that Givu is a customary law that is sourced from noble abstract values ​​and rules so that it becomes a guide for social behavior that is able to support social structures. The application of Givu is regulated through institutions such as regulating economic, political and social needs. Close relationship with Mogombo (deliberation) for customary law decisions against a disturbance that maintains the spirit of collectivity and is able to strengthen a participatory culture. The importance of external recognition and respect for Givu customary law as well as state recognition and protection for the existence of the Tau Taa Wana Tribe.]]>
