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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 96 Documents
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The Urgency of Radicalism Regulation in Legal Norms in Indonesia Lisa Mery
Musamus Law Review Vol 2 No 1 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i1.1216

Abstract

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.
Traditional Food Arrangements as Expressions of Traditional Culture Ni Komang Irma Adi Sukmaningsih; Ni Ketut Supasti Dharmawan; Marwanto Marwanto
Musamus Law Review Vol 2 No 1 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i1.2259

Abstract

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.
Harmonization of Abortion Settings in Indonesia Bayu Anggara; Made Gde Subha Karma Resen
Musamus Law Review Vol 2 No 1 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i1.2260

Abstract

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.
Arrangement for Issuance of Certificate of Substitute of Land Rights Yana Ardila; Julianto Jover Jotam Kalalo
Musamus Law Review Vol 2 No 1 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i1.2270

Abstract

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.
Relevance of Law Consumer Protection on Aircraft Post Master Flight Agent Fitri Pratiwi Rasyid
Musamus Law Review Vol 2 No 1 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i1.2617

Abstract

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.
The Existence Legal Certainty of the Truth and Reconciliation Commission in Indonesia Safrin Salam; Rizki Mustika Suhartono
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.2849

Abstract

Indonesia is a country that has a history of gross human rights violations. However, the case has not been resolved. In addition to settlement through the court, a reconciliation pattern is highly recommended in the settlement of the case in question. But the rules on reconciliation have been canceled by the Constitutional Court. The results of the study concluded that the Settlement of cases of gross human rights violations was resolved with a pattern of reconciliation with the establishment of an independent institution (KKR). Besides that, the pattern of reconciliation can also be done in a family way. Reconciliation arrangements exist in several regions in Indonesia, namely Papua, Aceh and Palu Reconciliation patterns that exist in these rules vary, there are those who use the TRC pattern there are also those who use family reconciliation patterns.
Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective Hijrah Lahaling
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3014

Abstract

The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.
Jurydic Analysis of Narcotics Circulators of Shabu Type (Decision Number: 92 / Pid.Sus / 2018 / Pn.Mdn) Ovani Natalia Tarigan; Novriana Pandiangan; Memory Juahta Sembiring
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3024

Abstract

Drug abuse and dangerous drugs or drugs is a phenomenon that has long existed and experienced by all countries in the world. The circulation of narcotics among Indonesian people is also directly proportional to the development of other types of narcotics. One type of narcotics found today is a type of narcotics made with chemicals that are very dangerous for the body. One type of narcotics that is abused is methamphetamine. As Narcotics Group I, then methamphetamine has a very disturbing effect on the body's performance, namely prolonged hallucinations and dependence. Circulation involves all groups who are very troubling and worried about the nation's successors. Traders in this case means the act of offering to sell, buy, becoming an intermediary in buying and selling, exchanging, sending or receiving Narcotics Group I. Therefore, countermeasures are needed so narcotics crime can be minimized
Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status Siti Rabiah Rumadaul
Musamus Law Review Vol 2 No 2 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v2i2.3029

Abstract

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.
Law Enforcement of Criminal Trading of Narcotics by the North Sumatera Narcotics Agency Ridzwan Budiadi; Eriska Englin Sofia Butarbutar; Rony Parlungutan Tampubolon
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3088

Abstract

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.

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