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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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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: Mulawarman Law Review - December 2024
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.
Effectiveness of Legal Aid in Religious Courts Ishak, Nurfaika; Erlina, Erlina; Sari, Nila Indah
Jurnal Mulawarman Law Review Vol 9 No 2: Mulawarman Law Review - December 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1605

Abstract

The implementation of legal aid is one form of recognition and protection of human rights so that the need for access to justice and equality before the law can be realized. This study aims to analyze the role of legal aid institutions in religious considerations for the underprivileged and to analyze the phenomenon of supporting factors and factors that hinder the effectiveness of the implementation of the role of legal aid institutions. The approach used in this study is the legal approach because it will examine the role of legal aid institutions based on laws and regulations. The implementation of legal aid by Posbakum at the Religious Court of Selayar Islands Regency can be categorized as effective because in the last 3 years it has reached above 80% of the total number of cases received by the Court. The supporting factors for the implementation of legal aid include: the existence of regulations that serve as guidelines for implementation, the availability of adequate facilities, the establishment of cooperation between legal aid institutions, public trust, and the existence of a circuit court mechanism. Meanwhile, obstacles in the implementation of legal aid are limited resources, limited budget, and limited access for the community. The follow-up is the need to increase the quantity of human resources and increase the amount of the legal aid budget, as well as the need to carry out socialization of the existence of legal aid institutions so that the community becomes familiar with the tasks and functions of legal aid posts in the field.
Employee Company Share Owner Layoff in Indonesia: Problem and Solution from Business Judgment Rule Perspective Musimin, Suyono; Hamid, Adnan; Irwansyah, Irwansyah; Iriantoro, Agung; Benjamin, Irfan
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1681

Abstract

Indonesia protects workers who experience layoffs by providing severance pay, award money, or resolving industrial relations disputes through litigation. This study aims to map the problem and the legal solution regarding termination of employment for employees who are also shareholders in the company where they work. The research in this article employed Normative Juridical and the problem approach used in writing this research consists of two approaches: the statute approach and the conceptual approach. Share ownership by employees through Employee Stock Option Program will give employees a dual status, namely as workers and owners of the company. Termination of employment carried out by the company against shareholders is problematic. On the one hand, there is an employment relationship between the employee and the company, on the other hand, there is also a relationship between the employee as a shareholder and the company. As a civil law country, Indonesia has also adopted business judgement rule as implemented in limited liability company law, which emphasises the role and responsibilities of the company's organs and is valid until now. Business judgement rule as a guideline and instruction for the Board of Directors in making business decisions where the Board of Directors must always uphold the principles of prudence, good faith, solely for the interests of the company, subject to the provisions of the articles of association and laws and regulations.  
Neglecting the Merit System in The Recruitment of Employees in Village-Owned Enterprises Yogahastama, Riesta; Khilmatus Shokhikhah, Zilda; Putri, Marshanda Hana Amelia
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1730

Abstract

Village-owned enterprises  have an important role in local economic development and the welfare of rural communities. This research aims to analyze the implementation of meritocracy principles in the BUMDes workforce recruitment process in Sampang Regency. The method used is descriptive qualitative, with primary data collection through in-depth interviews and secondary data from related documents. The results showed that the neglect of the meritocracy system in the recruitment of village-owned enterprises, such as the practice of nepotism and lack of transparency, resulted in a decrease in the quality of human resources and organizational efficiency. In addition, unfairness in recruitment has the potential to cause urbanization of qualified young people, hindering their contribution to village development. The implementation of a fair and transparent meritocracy system is expected to improve the accountability and productivity of BUMDes, and support the sustainable development of local potential.
Integrating Artificial Intelligence in Hijri Month Determinatiton:  a Maqasid Approach Fitriyanti, Vivit
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1729

Abstract

Determining the beginning of the Hijri month, which is the basis of the Islamic calendar, plays an important role in carrying out Muslim worship, such as Ramadan, Eid al-Fitr, and Eid al-Adha. Traditional methods based on rukyat often experience obstacles due to weather factors and geographical differences, so astronomical technology has begun to be used to provide higher accuracy and consistency. This study aims to evaluate the use of astronomical technology in determining the beginning of the Hijri month reviewed from the perspective of Maqashid Syariah. The Maqashid Syariah approach, which includes protection of religion, soul, mind, descendants, and property, is used as an analytical framework to assess the impact of technology in creating welfare for the people. This study uses a qualitative approach with literature analysis and case study methods. A qualitative approach to understand how technology can be integrated into the process of determining the Hijri calendar and how this can be seen through the principles of Maqashid Syariah. The literature study aims to identify technologies that have the potential to be applied in determining the crescent moon . The results of the study indicate that astronomical technology has great potential in improving the accuracy, efficiency, and timeliness in determining the beginning of the Hijri month. Digital telescopes and remote sensing overcome the limitations of manual crescent observations, while simulation software and AI provide long-term predictions that help the consistency of the Hijri calendar. This technology supports Maqashid Syariah by strengthening the unity of worship, providing rational scientific data, and reducing social conflict due to differences in calendars. However, this study found that there were obstacles to implementation, such as differences in school of thought and limited infrastructure in some areas. Thus, the adoption of astronomical technology in determining the Hijri calendar can create wider benefits for Muslims if these challenges can be overcome through global consensus and increased access to technology.
Navigating Online Platform Oversight: The Role and Challenges of Indonesia Business Competition Supervisory Commission Riskayanti
Jurnal Mulawarman Law Review Vol 9 No 2: Mulawarman Law Review - December 2024
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v9i2.1836

Abstract

This research aims to analyzes how digital transformation impacts the behaviors of online platforms, which presents challenges for competition law. The business strategies and behavior of online platforms have raised concerns about their negative effects on the competitive landscape. These concerns include the legality of such practices and the necessity of specific regulatory measures. The research method is normative legal research with a conceptual approach, which involves identifying and analyzing legal issues and providing solutions. Based on the legal analysis, the results showed that the Business Competition Supervisory Commission (KPPU) faces challenges in regulating online platforms. These challenges consist of the regulatory challenges that must be addressed include the inadequate preparation of competition authorities, the influence of Indonesian culture on market behavior, and the substance of rules. Therefore, it is crucial for KPPU to properly navigate online platforms by establishing sui generis rules within the competitive landscape. In the context of a competitive business landscape, it is imperative to ensure oversight of online platforms, particularly given the preeminent position of this business model within the Indonesian market.
From Ideals to Realities: Women's Access to Land in The Mining Areas in East Kalimantan Susmiyati, Haris Retno; Harjanti, Wiwik; Grizelda; Atriani, Dewi; Asufie, Khairunnisa Noor
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1671

Abstract

Land is a basic human right, including for women. As a living space, land occupies a strategic position in the fulfillment of human rights. Constitutionally, women's equal rights to land are guaranteed by law, but in reality, it is neglected and lacks recognition and protection, especially in the natural resource extraction area. Economics that rely on mining extraction have the consequence of widespread ecological and environmental crises that affect people's lives, including vulnerable groups of women. The gender inequality in tenure, ownership, access and control over land has many impacts on women's lives. This research focuses on the law guarantees the recognition and protection of women's human rights to land, and the reality of recognition and protection of women's human rights to land in mining areas. The research findings show that ideally the law provides recognition of equal rights between women and men in access, control, and ownership of land. However, mining regulations provide more convenience for mining business actors, not ensuring protection for the community, especially women. In addition, the male paradigm as the head of the family has led to the marginalization of women in decision-making related to their land and living space. In the midst of conflicts in mining areas, efforts to assert rights and struggle for women's basic rights to land often receive discriminatory treatment and gender bias. The ecological crisis situation is a problem for the protection of women's human rights to land in mining extraction areas.
Cash Swipe Spaylater: an Overview of Sharia Economic Law Munjir, Fidya Fitra Munjir; Suriyani, Irma; Utomo, Setiyo
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

Spaylater cash swipe is the process of disbursing the SPaylater credit limit by manipulating transactions by making engineering orders. This practice of engineering Spaylater transactions can be called an illegal practice because it is contrary to shopee regulations and policies and misuses the true function of SPayLater. Where the credit limit on the Spaylater cannot be disbursed in the form of cash but can only be used to purchase goods or make payments through the installment method according to the terms and conditions stated in the Spaylater settings. In the perspective of Sharia Economic Law, Spaylater's cash swipe services are contrary to Islamic business law and sharia principles, where there are elements of gharar, mudharat, tadlis and injustice. This research uses socio-legal research by analyzing and studying the operation of law in society. This research uses data sources from primary data, secondary data, and tertiary data. The data obtained is done with data collection techniques through observation, interviews and documentation. By using the socio-legal research method, this research is expected to produce complete, valid, and in-depth findings or data to achieve the research objectives.The results showed that the transaction mechanism on cash swipe through Spaylater uses a checkout system, but does not receive real goods but only fictitious orders. Because it is considered contrary to Shopee's policy, the Civil Code, and is not in accordance with the principles of sharia, the legal consequences are that this practice is considered fasid and bathil because there is injustice, there is no good faith in the transaction, and there is no honesty. In addition, service providers and consumers can get consequences to the extent of sanctions that can be carried out by Shopee.

Page 14 of 14 | Total Record : 138

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