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Haris Retno Susmiyati
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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 138 Documents
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The Obligation of Military Institutions to Comply with the Anti-Corruption Act Fahrizal, Fahrizal S. Siagian; Saied Firouzfar; Najuasah Putra
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 2 DECEMBER 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i2.1279

Abstract

The purpose of the study is to respond to the corruption crimes committed by military officials in Indonesia, secondly, to explain the obligation of military institutions to comply with the Anti-Corruption Criminal Act, third, to clarify the internal rules of the Military Institutions on Anti-Criminal Corruption in Indonesia. The type of research used is normative law research, which refers to positive law and uses secondary data from primary, secondary, and tertiary law material. Data is collected through Library Research and processed with descriptive analysis. Corruption perpetrated by military officials is a violation of the Military Discipline Act and the Indonesian Criminal Code of corruption. The normative jurisprudential aspect of the fight against corruption in Indonesia is carried out with the advancement of the basis of legal certainty based on the Anti-Corruption Act. According to the legislation, the legal status is generally applicable, and the index of perception of corruption in Indonesia is deteriorating and spreading throughout the line of life of the nation and the country, so that all parties, without exception in military instances, are obliged to comply with the Penalties of Corruption. The entire component of the Indonesian nation must advance the suppression of corruption under the law, including the military instance obliged to voluntarily submit and obey the orders of the Tipikor Rebellion Act. The authorities have drawn up regulations relating to the obligations of the Military Institutions in combating criminal offences of corruption in Indonesia.
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.
Corporate Criminal Liability on Environmental Law: Indonesia and Australia Aditya Wijaya, Muhammad; Alif Imam Dzaki
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 2 DECEMBER 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i2.1306

Abstract

Environmental damage is one of the major problems faced by Indonesia. It is a well-accepted fact that most cases of environmental damage in Indonesia are caused by the activities of large corporations. One of the measures adopted in overcoming environmental damage and ensuring accountability for violations of environmental law is through corporate criminal liability, in which companies can be held liable and be brought to criminal proceedings for violating environmental law. This paper seeks to discuss and analyse the legal regulation system of corporate criminal liability applied in Indonesia. The paper will delve into the nature of corporate criminal responsibility in accordance with the doctrines that underlie it, as well as actions that, in accordance with the law, would trigger the implementation of corporate criminal responsibility, the manners in which criminal responsibility would be attributable to a corporation, and the trial procedure for corporate criminal responsibility under the Indonesian judicial system. This paper seeks to bring light to the mechanism of the Indonesian environmental law in administering justice in cases of environmental law violations committed by corporations.
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.
Surveillance of Regional Public Service Authorities: Analysis of Regulation and Its Impact on Public Service Efficiency Arifin, Firdaus
Jurnal Mulawarman Law Review Vol 9 No 2 (2024): Mulawarman Law Review
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1538

Abstract

The oversight of the Regional General Service Agency (BLUD) in Indonesia has faced various challenges in terms of effectiveness and implementation, which may hinder the achievement of the objectives of transparency and accountability in the management of public finances. The study aims to evaluate the effectiveness of BLUD surveillance by identifying factors that affect regulatory compliance and BLUD performance in the provision of public services. Using a mixed methodological approach, the study combines normative and empirical analysis, as well as using comparative and socio-legal methods to dig up qualitative and quantitative data from various regions in Indonesia. The results of the study show that although the regulatory framework has been adequate, the implementation of surveillance still faces obstacles such as limited resources and less effective inter-agency coordination, which ends with variations in BLUD compliance and performance. The findings reaffirm the importance of strengthening surveillance capacity as well as revising policies that are adaptive to local conditions. Implications of this study include recommendations for enhanced, more integrated, technology-based supervision to support better public finance governance.
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia Juniar, Mutiah Wenda; Arini Nur Annisa; Ismail Iskandar; Nanda Yuniza; Wanda Anggraeni
Jurnal Mulawarman Law Review Vol 9 No 2 (2024): Mulawarman Law Review
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1579

Abstract

This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.
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.
Promoting Regional Strategic Area of Environmental for the Protection of Essential Ecosystem Areas in East Kalimantan Mohamad Nasir
Jurnal Mulawarman Law Review Vol 9 No 2 (2024): Mulawarman Law Review
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1602

Abstract

This article investigates the legal framework of Essential Ecosystem Areas (EEAs) within Indonesian legislation and the regional government's authority to regulate EEAs to preserve and protect the essential ecosystem in its jurisdiction. By employing a normative juridical approach, this research found that the EEA is regulated in sectoral regulations, such as conservation, environmental, forestry, spatial planning, marine, and regional government,  which give inconsistencies and legal gaps and can create legal uncertainty. This study also identified that district or city governments could protect and manage EEAs by stipulating an EEA as the strategic area of environmental (KSLH) or protected area through a decree, subsequently incorporating it into the spatial planning of the regency or city. Additionally, the regional government has the authority to provide policies regarding EEAs governance and institutional management, thereby establishing a comprehensive legal framework for the EEAs.
The Urgency of Integration of Local Wisdom Related to Environmental Conservation in the Bangka Belitung Islands Hasmonel; Prapti Rahayu, Derita; Faisal
Jurnal Mulawarman Law Review Vol 6 No 2: Mulawarman Law Review - December 2021
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v6i2.618

Abstract

Local wisdom becomes the full authority of the Regency/City Government as clearly stated in the Table of Division of Authority for the Sub-Division of Local Wisdom Based on Law no. 23 of 2014 concerning Regional Government. Therefore, it is very necessary to know the urgency of the integration of local wisdom related to environmental conservation in the Bangka Belitung Islands. This study uses a socio-legal approach, namely the object of research remains in the form of law, namely laws and regulations related to local wisdom and the environment with the use of methods and theories of social sciences to assist researchers in conducting analysis. Local Wisdom is very important to be integrated in regional policies related to environmental conservation because there is a reciprocal relationship between humans and nature, where people who pay attention to local wisdom related to the environment always place the balance of nature in environmental management and must be accepted or approved, which means that the regulation gets recognition. legitimacy) from the community because it comes from local wisdom that lives in the community.

Page 11 of 14 | Total Record : 138

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