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Mulawarman Law Review Faculty of Law, Mulawarman University Sambaliung Street, Kampus Gunung Kelua, Samarinda - East Borneo - Indonesia 75119
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Mulawarman Law Review
Published by Universitas Mulawarman
ISSN : 25273477     EISSN : 25273848     DOI : https://doi.org/10.30872/mulrev.v7i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mulawarman Law Review (MULREV) is a peer-reviewed journal published by Faculty of Law, Mulawarman University. MULREV published twice a year in June and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, State and Administrative Law, Islamic Law, Economic Law, Adat Law and Local Custom, Natural Resources and Environmental Law and another section related contemporary issues in law. ISSN: 2527-3485 | e-ISSN: 2527-3477
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "VOLUME 9 ISSUE 1 JUNE 2024" : 4 Documents clear
Liability of Business Actors for the Protection of Consumer Personal Data Hasan, Fuad
Jurnal Mulawarman Law Review VOLUME 9 ISSUE 1 JUNE 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i1.1305

Abstract

The Consumer Protection Law does not expressively verbis state the protection of consumer personal data as part of consumer rights that must be protected by business actors. The existence of cybercrime and the negligence of business actors can cause leakage of consumer personal data to be something that needs to be anticipated. This paper aims to discuss the application of the PDP Law to consumer protection of personal data and how the form of liability of business actors in the perspective of the PDP Law in ensuring consumer protection. This paper uses normative research with a conceptual approach, a statutory approach, and a case approach. This paper also concluded that The handling of consumer disputes related to personal data breaches should be handled in parallel by applying the PDP Law and the Consumer Protection Law. Business actors should protect consumers' personal data based on the provisions prohibiting disclosing personal data unlawfully. The application of the principle of absolute accountability or strict liability is intended so that business actors can be fully responsible for the interests of consumers. In the event that there is negligence on the part of the business actor, resulting in a violation of the protection of consumers' personal data. Business actors cannot escape responsibility for any reason because they have neglected to protect consumers' personal data.
The Effectiveness of Legal Aid Provision at The Makassar District Court Firmansyah, Muhammad Fiqhi; Syamsuddin, Rahman; Amiruddin, Muh.; Fuady, Muhammad Ikram Nur
Jurnal Mulawarman Law Review VOLUME 9 ISSUE 1 JUNE 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i1.1313

Abstract

This research aims to find out the effectiveness of the legal aid center in the Makassar District Court. The research method used by the author is a type of empirical legal research where the approach used is a sociolegal approach where this research connects the objectives and data obtained in the field and the research location at the Makassar Court Class IA Special as for the data sources used, namely primary, secondary and tertiary data sources. The data collection techniques are observation and interview studies, using research instruments and descriptive data analysis. The discussion is an explanation of the research location and discussion by researchers in conducting interviews with employees and the community. The conclusion of this research is that the application is still lacking, and the opportunity is to help the community more the challenges faced are still many people who lack understanding of legal aid.
Indonesian Financial Service Authority as Sole Investigator in Eradication of Money Laundering Kristian, Otniel Yustisia
Jurnal Mulawarman Law Review VOLUME 9 ISSUE 1 JUNE 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i1.1333

Abstract

With the granting of authority for OJK as sole investigator of criminal acts in the financial services sector as specified in Law Number 4 Year 2023, it is necessary to analyze its implications for the investigation of money laundering crimes, this is because criminal acts in the financial services sector is predicate crime of money laundering. Another thing that needs to be analyzed is whether the provision in the P2SK Law that authorizes OJK as the sole investigator of criminal acts in the financial services sector can be applied, because there is PP No. 55 of 2023 which also authorizes Police Investigators to conduct investigations in the financial services sector. The type of legal research is normative. Based on the research conducted, it is concluded that referring to the Stufenbau des Recht theory, in the event of a conflict between the provisions in the P2SK Law and the PP Regulation on Criminal Investigation in the Financial Services Sector can have consequences on the declared invalidity of the provisions regulated in the Government Regulation. Then, the implication of the granting of authority to OJK as the sole investigator in the financial services sector is that the implementation of Money Laundering investigations with criminal acts originating in the financial services sector can only be investigated by OJK. In addition, Analysis Results from PPATK which indicates criminal acts in the financial services sector can only be submitted to OJK.
Penal Mediation : Synchronization of Restorative Justice and Reflective Justice Kurnianingsih, Marisa; Dewanto, Daffa Rafif; Mustofa, Yoesoef
Jurnal Mulawarman Law Review VOLUME 9 ISSUE 1 JUNE 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i1.1598

Abstract

Restorative Justice is an alternative settlement of criminal cases involving the perpetrators, victims, family members and the victims as well as the authorities to settle disputes. Restorative justice began to develop in the 19th century and has been regulated in Indonesian legislation as in the Law No. In 2012, the Court of Appeal No. 15 of 2020, and the Police Regulations No. 8 in 2021. In its implementation it uses a criminal mediation mechanism involving law enforcement in the process of investigation, investigation and prosecution. There is no legal umbrella that specifically regulates Restorative Justice. In this study, the method of research used is the normative method of jurisprudence in which the study is carried out by the library. The aim of this research is to find out how the correspondence between the mechanisms and requirements in the settlement of criminal cases based on the rules in force in Indonesia on Restorative Justice. The method used is descriptive using secondary data is data obtained from library studies that are then analyzed with the rules, theories and opinions of relevant legal experts to obtain conclusions from the research. The results of this study of the setting on restorative justice still have differences between one and the other in the context of the type of behavior. In addition, restorative justice normatively has been in line with John Rawls’s concept of justice but in caseistic there are still some deviations from the rule.

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