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NOMOI Law Review
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 27223663     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
NOMOI Law Review NOMOI Law Rewiew is an academic journal published by Constitutional and Anti-Corruption Studies Center, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Nomoi was first published in January 2020. Published two (2) numbers in a year (May and November)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 1, No 2 (2020): November Edition" : 10 Documents clear
POSSIBLE 2020 REGIONAL HEAD ELECTIONS AS A RESPONSE TO THE COVID 19 PANDEMIC IN VARIOUS PERSPECTIVES Afifa Rangkuti
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5066

Abstract

The Covid-19 outbreak was officially announced on March 15, 2020.A number of policies were implemented, such as physical distancing, work from home(WFH), to PSBB (Large-Scale Social Restrictions),which wereimplemented by the government to prevent the expansion of the spread of the corona virus in Indonesia.This pandemic is not only requires people to keep their distance and healthy behavior,will bebut the impact is shifting or postponement of the agenda naternationalwhich has been scheduled.Various sectors were affected, especially sectors in the economic sector.Not only the economic sector, the government sector also experienced the impact.One of the sectors in the government category is the pilkada or regional head elections.Pilkada in accordance with the planwillbe held simultaneously in 2020. However, the national situation which is being hit by the Covid-19 outbreak has forced the phases of the Pilkada to be delayed.This year's Pilkada cannot be implemented or postponed due to the impact of Covid-19that is hitting Indonesia.Dampak spread Covid 19th in Indonesia rapidly, the Government and the Parliament to postpone the implementation of the election official in September 2020, which was then planned by the Commission back on December 9, 2020 simultaneously for the area declareda green zone or safe from the corona virus outbreak.However, the health protocol requirements must be implemented, such as wearing a mask, washing hands with soap, keeping your distance, using a hand sanitizer and personal protective equipment or APD.The Pilkada this year cannot be held simultaneously.The total number of regions that will carry out the Pilkada simultaneously in 2020 is 270 regions, with details of 9 provinces, 224 regencies and 37 cities.However, this year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia.This was done as an effort to anticipate the spread of thecoronavirus.Keywords:Delay, Pilkada, Covid Pandemic 19.
DESIGN OF STATE CONTROL REGULATIONS IN MINERAL MINING VALUE ADDED ACTIVITIES Akmaluddin Rachim
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5228

Abstract

The Constitutional Court has given the Constitutional Court the interpretation of state control or the right to control as a guide in mineral mining governance activities.The problem arises when thisestimate has not been able to be properly implemented in mineral mining governance arrangements.The presence of Law no.3 of 2020which isexpected to have implications for the greatest possible prosperity of the people with the presence of a form of full state controlin activities to increase added value has not been able to answer this problem.This study aims: (1) to determine whether theregulation of the concept of state control has been accommodated in value added activities as regulated in Law no.3 of 2020, (2) to determinethe appropriatedesign fortheconcept of state control to achieve the goal of state control.This research is a normative legal research.The research was conducted by means of a literature study that examinesprimary and secondary legal materialsand uses aconceptual approach.The data that has been collected were analyzed using descriptive qualitative methods.The results of this study concluded that: (1)Regulation of the concept of state control has not been accommodated in value added activities as regulated in Law no.3 of 2020. Even the right to control the state as interpreted by the Constitutional Court tends to be ignored.(2)The regulatory design for the concept of state control that is appropriate for achieving the goal of state control is that it must have a strong legal and institutional substance and have a vision for Indonesia's industrialization in the future.The substance of the law must refer to the mandate of Article 33 paragraph 3 of the 1945 Constitution and the sustainable institutional management model.
RESTRICTIONS SOCIAL LARGE SCALE AS EFFORTS TO CONTROL COVID- 19 PANDEMIC NATURE FROM HUMAN RIGHTS PERSPECTIVE Lamria Fitriani Manalu
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5064

Abstract

State as stakeholders obligation to guarantee the rights of its people in the form of homage (to respect), protection (to protect) and fulfillment (tofulfill) without discrimination.The aim of this study was todetermine the Social RestrictionsBERswhenthe Greatas an effort totacklingthe pandemicCOVID-19in ahuman rights perspective, which is expected to be usefulas a reflection on the application ofPSBBin Indonesia.This research is descriptive analyticalusing data sources obtained throughliterature study, whiledata collection techniques and procedures were carried out through document study.Normative data were analyzedqualitatively.The results showed that the PSBB was carried out in accordance with predetermined criteria.Such restrictionsare in accordance with statutory regulations, in which the state may only impose restrictions on rights through the enactment of laws and the public has the right to enjoy the highest attainable standard of physical and mental health.The government has made various important efforts to protect the right to life, the right to self-development, and the rights to the welfare of the affected people.This means that thestate has carried out its obligations for health services and a healthy and healthy life foreveryone as mandated in the 1945 Constitution. The results show that the application of the PSBBas an effort totacklethe COVID-19 pandemic is not contradictory or is in accordance with a human rights perspective.Keywords:Restriction Social BerskalaBesar,COVID-10, HAM
THE ROLE OF LEGAL AID ORGANIZATIONS (OBH) UNDERSTAND RIAU IN RESOLVING CHILDREN'S CASES IN PEKANBARU CITY M. Alpi Syahrin, Al Fikri Lubis, Al Mario, Try Muhammad
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5230

Abstract

Crimes are not only committed by adults against children, but there are also crimes committed by children. Crimes involving children often end up in court, and there are some differences that courts make when a child sits as a convict. Children facing the law, whether children conflict with the law (Bad Boy), Victim's Child, or Witness's Child, must be provided legal assistance and accompanied by legal aid or legal counsel. Thus, there is a need for special assistance to ABH, to ensure the psychology of the child is not compromised. Legal aid organizations that are required to assist ABH both outside and in the trial, also play a role in ABH's psychological assistance. OBH PAHAM Riau is present in the effort to fight for the guarantee and protection of the rights of marginalized/poor people as well as the enforcement of fair laws specifically in pekanbaru city, Riau.Keywords: Role, OBH PAHAM Riau, Children's Case.
LEGAL CERTAINTY IN THE EASE OF EFFORT IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 RELATED TO NOTARY PROFESSION Fadhil Yazid
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5055

Abstract

The start of the 4.0 Industrial Revolution brought many changes to the world. This is the era in which the practice of automation and data exchange, as well as the use of Internet technology, cloud computing, and cognitive computing will colorize various sectors of human life, including the realm of profession. All changes, definitely brings two things: challenges and opportunities. Very wise if we can understand the changes that occurred through the Industrial Revolution of 4.0 and what is the impact for professions, practitioners and officials in the field of law. For a notary, it is time to look at the impact of the 4.0 Industrial Revolution as a challenge and opportunity for future sustainability of the profession. As known, the legal system is divided into two main systems namely common law and civil law, and a small part of the system of religious and mixed law. On both the legal system, the position and authority of the notary is different. A civil law or Latin notary Notary is an official with the authority given by the State to create and issue an authentic deed as well as to provide clarification or legal counseling to the parties concerned. Whereas, the common Law Notary Authority is accepting, noting statements, knowing signatures, certifying copies, all of which are used to support the administrative of other legal proceedings, and not an authentic deed by itself.Keywords: Legal Certainty, Industrial 4.0, Notary
ADMINISTRATIVE SANCTIONS ON RIVER DESTRUCTION ACCORDING TO LAW NUMBER 32 OF 2009 (Study at the Environmental Management Agency for Tulang Bawang Regency) SD.Fuji Lestari Hasibuan, Satrio Nur Hadi, Dina Haryati Sukardi, Tahura Malagano
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5085

Abstract

The need for clean water is increasing with the rapid population growth, however.Its availability has decreased due to environmental destruction or pollution, one of which is rivers.Damage or pollution to rivers is caused by domestic, industrial and agricultural activities.Damage or pollution to rivers will have a negative impact on health and cause imbalance in the river ecosystem.The problems raised are why administrative sanctions are used as an instrument in controlling river destruction in Tulang Bawang Regency, and what are the legal consequences of administrative sanctions on perpetrators of river destruction in Tulang Bawang Regency.The problem approach in this study is a normative approach, this study uses quantitative dataanalysis. The results of the research and discussion show that administrative sanctions are an instrument in river pollution due to restoration of conditions, repair of damage, or in other words aimed at actions committed by business actors or activities that pollute rivers, and are one of the efforts to enforce laws against activities related to licensing requirements, environmental quality standards, environmental management plans and so on through administrative sanctions, as well as enforcement of administrative sanctions aiming at actions that violate the law or do not meet the permitted requirements to stop or return to their original state,namely before the occurrence of pollution or destruction.to.Local government policies that do not take sides with the environment have in the occurrence of various natural disasters or events that continue to occur invariousregions, especially in Bawang BawangRegency.Keywords: Administrative Sanctions, Perpetrators, River Destruction.
LEGAL ANALYSIS ON THE IMPLEMENTATION OF CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY BY REGIONAL GOVERNMENTS Roman Situngkir
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5059

Abstract

In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations.Referring to this provision, this authority is the authority of the central government.However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields.So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions.The research method used is normative juridical legal research.The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government.However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government.Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations.Keywords: Responsibility, Social, Company, Local Government.In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations.Referring to this provision, this authority is the authority of the central government.However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields.So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions.The research method used is normative juridical legal research.The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government.However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government.Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations.Keywords: Responsibility, Social, Company, Local Government.
LEGAL POLITICS OF DEVELOPMENT AND INDUSTRIAL EMPOWERMENT LAW IN INDONESIA Ahmad Ahmad
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5196

Abstract

Industrialization is an economic activity that processes raw materials or utilizes industrial resources to produce goods that have high values or benefits to the community and include industrial services. Industrial Law regulates all industrial activities that provide protection, guarantees and benefits for industrial activities by regulating the direction of development policies and industrial empowerment in realizing the greatest prosperity for the community. The research method used in this study was normative legal research with a descriptive analysis approach. The results showed that industrial law aimed at forming a just and prosperous national economic structure through setting the direction of development policies and empowering industries in the small and medium industry, green industries, strategic industries, and the use of domestic products and international cooperation.
PRE-MARRIED EDUCATION URGENTION AS AN EFFORT TO PREPARE WIFE HUSBANDS FOR MARRIAGE Abdul Hadi Ismail
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5084

Abstract

The birth of BP4 was motivated by the high divorce rate, rampant child marriage and unhealthy polygamy.Over time, one of BP4's duties is to organize pre-marriage courses, as an effort to create asakinahhousehold, mawaddah wa rahmah.BP4 in its duties conducts pre-marital courses, provides material related to understanding marriage and domestic life, maintains good communication between prospective married couples, provides procedures for resolving conflicts in the household.Based on these conditions, BP4 has a heavy duty, function and role.This means that the good and bad of a marriage also depends on the functioning and role of the BP4.Keyword: Education, Pre-marriage, Husband and Wife, Marriage
IMPLEMENTATION OF ISSUANCE OF BIRTHDATES OF CHILDREN OUT OF MARRIED AS CIVIL RIGHTS IN THE DEPARTMENT OF POPULATION AND CIVIL REGISTRATION OF MEDAN CITY Maria Rosalina, Nur Aisyah Fitri
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5107

Abstract

The management of birth certificates for legitimate children and children outside of marriage, at the Medan City Civil Registry Service is divided into 2 (two), namely birth certificates based on the age of birth from 0 to 60 days of age and 60 days of age and above.The procedure and terms of the birth certificate legitimate child ismengisi form and attach a photocopyof ID card of parents,family card,birth certificate,marriage certificate (Akt,amarriage),KTP witnessesandto children outside the mating plus a statement of absolute liabilityon the truth of pahusband and wife and the correctness of birth data.The implementation of the requirements and procedures for issuing birth certificates for children outside of wedlock, if linked to theimplementationtheoryof thecontent of policyput forward by Merilee S. Grindle, and connected with the theory of human rights, namely thepositivist theory, is already dilaksanakan.Hambatanissuance of birth certificates of children outside the mating according to respondents in Dukcapil no barriers, but by the community respondents had hambatan.Mengatasi constraints, Department of Population and Civil Registration Medan city has a network of interneton linethat mostlinksinthe whole Indonesia, and put upan information board.The conclusion is that the procedures and requirements for the issuance ofbirth certificates for legitimate and unmarried children as civil rights of childrenat the Medan City Civil Registry Officehave beencarried out in accordance with the Child Protection Law, Population Administration Law,Presidential Decree No.12 of 1983, andPerpres No.96 of 2018.Suggestions for thegovernment should be to implement a policy not to charge fees and to simplify services in the management and issuance of birth certificates for children, especially children outside of wedlock, so that the civil rights of children outside of marriage to have birth certificates can be fulfilled.Keyword:Birth Certificates Excluding Married Children,Office of Population and Civil Registration Medan

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