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Musamus Law Review
Published by Universitas Musamus
ISSN : 26219581     EISSN : 2621959X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Musamus Law Review (MuLaRev) is a peer-reviewed journal published by Faculty of Law, Musamus University, Merauke, Papua, Indonesia. MuLaRev published twice a year (October and April).
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue "Vol 5 No 2 (2023): MuLaRev" : 6 Documents clear
Implementation of Guarantees for the Rights to Education Correctional Students While in Prison Putri Augustine; Ahmad Irzal; Maya Shafira; Firganefi Firganefi; Dona Raisa Monica
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.4666

Abstract

A child in conflict with the law, who is then sentenced and placed in the Special Child Development Institution (LPKA), has the right to receive supervision, assistance, training, guidance and the right to education in accordance with the mandate and provisions of the relevant law. This research discusses the application of Guaranteed Educational Rights for Correctional Students (Andikpas) in Class II LPKA Bandar Lampung with the legal issue behind this research is that there are several LPKAs in Indonesia that have not paid attention to the right to education for Andikpas. Based on these legal issues, the problem in this research is related to the application of education rights guarantees in the sentencing of Andikpas at LPKA Class II Bandar Lampung and what are the inhibiting factors for implementing education rights guarantees in the sentencing of Andikpas in LPKA Class II Bandar Lampung. This research uses normative legal research methods which are supported by empirical research. Sources of primary data collection were carried out through field studies by conducting interviews with LPKA structural officials, LPKA employees, Andikpas representatives, and lecturers in the Criminal Law section of the Faculty of Law, University of Lampung. Secondary data collection is done by literature study. The data that has been obtained by the author is then analyzed qualitatively. The results of the research carried out show that the implementation of the Education Rights Guarantee at LPKA Class II Bandar Lampung for Andikpas has been implemented, but not yet fully implemented properly. The forms of education available include formal and non-formal education. For formal education, there are Package A (SD), SMP, and SMA equivalency education programs that work independently with the Dwi Mulya Foundation. Non-formal education can be said to be a skills and training activity in which Andikpas are fostered and trained in their skills through various activities prepared by LPKA on a regular basis. In carrying out the implementation of education, of course, they are faced with various kinds of obstacles, including legal factors, namely there are no specific technicalities in legislation that show how to apply education to Andikpas. Law Enforcement Factors, namely there are still deficiencies in quality and quantity in coaching officers. Factors of Facilities and Infrastructure, which are still classified as limited and not sufficient enough. Community factors, regarding the negative stigma against Andikpas who have returned to social life. And Cultural Factors, cultivate laziness from within Andikpas in carrying out educational obligations. In this way, LPKA strives fully, whatever becomes an obstacle in implementing the implementation of education and the Head of LPKA Class II Bandar Lampung hopes that the education and coaching that has been held can develop the potential of children so that when they return to social life they are still educated and can play an active and responsible role.
Effectiveness of Online Mediation Application on Divorce Cases Due to Economic Factors Besse Tenri Abeng Mursyid
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5050

Abstract

Data from the Religious Courts Class 1A Palu City reports of lawsuits from January to February 2021 were 289 cases. The Covid-19 pandemic has made the divorce rate increase. The reason is that the causes of divorce during the Covid-19 pandemic, on average, have increased in all regions in Indonesia; it is not the case that divorce is caused by family economic factors that are getting worse. The issuance of the Circular Letter of the Supreme Court Number 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Covid-19 in the Supreme Court and the Judicial Body. One of the implementations of mediation that is often carried out conventionally is now carried out online because of conditions that force the court so that every party seeking justice is still given services, observing the problems faced in mediating as a step to find a solution in a divorce lawsuit at the Religious Court Class 1A City. Palu, this study will examine the rules of the Supreme Court Decision Number 10 of 2016 concerning Mediation Procedures and see Empirical Facts on the Implementation of Online Mediation carried out at the Class 1a Religious Court of Palu City. This study's results indicate that online mediation implementation is still carried out within the stages described in the rules for implementing conventional mediation. However, online mediation brings together the parties that rely heavily on internet connections. As well as related to the effectiveness of its implementation, the authors consider this to be less effective because based on the theory of Legal Effectiveness, it shows one indicator, namely the Legal Factor, in this case, the rules that form the basis for the implementation of mediation are not only guided by the Supreme Court Circular Number 10 of 2016 concerning mediation (conventional) so that law enforcement officers, in this case, the Mediator at the Religious Court Class 1a Palu City are reluctant to carry out Online Mediation. As an implication of this research, it is stated that it is necessary to make laws and regulations that specifically regulate the implementation of mediation both conventionally and online, as well as the need for socialization among parties seeking justice to understand the importance of implementing Online Mediation.
Criminal Asset Forfeiture In The Sense Of Extraordinary Confiscation Hadi Supriyanto; Safrin Salam; Waode Novita Ayu Muthmainna; Hasni Hasni; Supardi Supardi
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5425

Abstract

The meaning of confiscation in principle explains that the proceeds of crime must be confiscated, this aims to prevent the convict from being able to utilize or benefit from the criminal acts he committed. Conceptually, confiscation is a State action that is carried out carefully and procedurally. This means that forfeiture requires a strict legal evidentiary instrument first because without it there could be abused of power in its implementation. In Indonesia, the meaning of confiscation is the efforts of law enforcement officials in their interests to prove cases and / or investigations (Article 1 point 16 of the Criminal Procedure Code), with this understanding, the intended confiscation is limitative. The procedure for confiscation is regulated in articles 128, 129 and 130 of the Criminal Procedure Code or the same points as ordinary confiscation. The goal of criminalizing behaviour that generates huge profits illegally is not enough just to punish physically, even if caught and punished, it is possible that these criminals can enjoy their illegal profits. For this reason, a set of administrative rules is needed that can be used as a foothold for deprivation in the face of criminalization.
Protection and Care of Children Post Marriage Dispensation Arhjayati Rahim; Noor Asma
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.1125

Abstract

his research examines and answers the forms of legal protection for children after the marriage dispensation and factors that influence the implementation of legal protection for children after the marriage dispensation in Gorontalo Province. This research is a type of empirical legal research which is descriptive analysis in nature. The data analysis technique uses qualitative descriptive analysis techniques. This analysis technique provides an overview of the logical flow of data analysis, as well as providing input on the qualitative data analysis techniques used. Forms of legal protection for children after marriage dispensation in Gorontalo Province are: Administrative Protection, Psychological Protection and Social Protection. Factors influencing the implementation of legal protection for children after the marriage dispensation in Gorontalo province: Internal factors and external factors. Internal factors include: Covering the Family's Shame and Disgrace Most of what influences the request for marriage dispensation, Preventing Adultery is Dominant is the reason put forward by the applicants. The two prospective bride and groom have been dating for a long time and are very close and difficult to separate so that the parents are afraid they will fall into the trap. to the act of Zina. External factors, namely: economic factors, educational factors, and social media which can be easily accessed via the internet, are gradually having a big influence on the interaction and social patterns of teenagers.
Implementation of the Legislative Function of the Village Consultative Body in Kaliki Village, Kurik District - Merauke Regency Ruloff Fabian Yohanis Waas; Fransiskus Samderubun; Thimon Febby
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v6i1.4085

Abstract

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions executorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
Traditional Sanctions Against the Button Tribe Elopement in the Labuhan Regional Court Judge Mg. Endang Sumiarni; Sekhar Chandra
Musamus Law Review Vol 5 No 2 (2023): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i2.5714

Abstract

This research aims to explore the application of customary sanctions in eloping cases that are resolved through lawsuits in court through the existence of Decision No. 4 / Pdt.G / 2020 / PN Lbh. The elopement was carried out by a male woman who is a buton tribe outside the buton area. The family of the woman as plaintiff filed a lawsuit for material and immaterial damages, but the lawsuit was declared indible by the Panel of Judges. In this study conducted an in-depth review of whether the plaintiff's lawsuit can be interpreted based on customary law, whether legal considerations and judge's rulings have been oriented to Buton customary law. Research uses normative research methods, with secondary data in the form of primary legal materials and secondary legal materials, as well as court rulings. Analysis of primary legal materials is carried out description, systematization, analysis, interpretation and assessing buton customary law. Legal considerations used by judges include relative competence which in essence the Labuha District Court is not authorized to examine and adjudicate cases a quo because previously customary deliberations have been carried out 3 (three) times in resolving aquo cases, which then imposed customary fines based on buton tribal customs. by indigenous buton tribal figures to Defendant, the reason Plaintiff is not a buton tribe but a kei tribe, therefore does not have the right to file a lawsuit for customary fines buton against Defendant so that the Plaintiff's lawsuit is wrong target, and Defendant is incomplete, there are still people who must act as Defendants or withdrawn Defendants and therefore the lawsuit contains error in persona in the form of plurium litis consortium , in the sense that the lawsuit filed is less.

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