NOMOI Law Review
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)
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<![CDATA[ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC BUSINESS PRACTICES OUTSIDE OF COURT ]]>
<![CDATA[Harahap, Muttaqin]]>;
<![CDATA[Asdhie Kodiyat MS, Benito]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19938
<![CDATA[Using non-litigation methods to resolve business disputes has long been an option. This is because the litigation process in court takes a long time and is a complicated procedure, has a win-lose nature that is not yet able to embrace common interests, tends to give rise to new problems, requires expensive costs and is unresponsive. As a general rule, people are involved in sharia economic disputes and want to resolve all conflicts that arise quickly, efficiently and cheaply. The parties to a dispute are free to choose the method of dispute resolution and the applicable law in accordance with the agreed agreement, but may face many obstacles in reaching an agreement. One of them is by resolving disputes through a body that has been formed by the Indonesian Ulema Council, namely the National Sharia Arbitration Board. Arbitration institutions can resolve problems quickly and precisely, the results of arbitration decisions are absolute and cannot be intervened by the court and there are no territorial restrictions in resolving disputes, therefore many entrepreneurs and business people tend to choose the arbitration route. The aim of this research is to determine alternatives for dispute resolution in Islamic business practices outside the court. This type of research and approach is normative research using a normative juridical legal research approach. National Sharia Arbitration Board has the authority to resolve fairly and quickly muamalah (civil) disputes arising in the fields of trade, finance, industry, services and others which according to law and statutory regulations are fully controlled by the disputing party, and the parties agree in writing to submit the settlement to the National Sharia Arbitration Board in accordance with the procedures of the National Sharia Arbitration Board.]]>
<![CDATA[SALES OF COSMETICS WITHOUT PERMISSION FROM THE DRUG AND FOOD CONTROL AGENCY (BPOM) IN PERSPECTIVE LAW HEALTH ]]>
<![CDATA[Khalishah, Salwa]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19375
<![CDATA[Cosmetics constitute a range of products utilized to enhance and maintain physical appearance. These products include make up, skincare, hair care, nail products, perfumes, and body care items. Cosmetics seem to have become a necessity for men and women to maintain their appearance. However, it is not uncommon to find that there is still a large number of cosmetics circulating that do not have permission from BPOM as the drug and food regulatory body, causing a lot of suspicion among the public. So special attention is needed regarding the distribution of cosmetics without permits based on statutory provisions. This research uses a normative juridical method, which is an approach to legal research that views law as a systematic structure of norms. So this research aims to see the extent to which legislation provides regulations regarding this problem. So it can be seen that the function and duties of BPOM as a drug and food regulatory agency must be able to be more optimal in carrying out its duties and functions. Considering its function, it can be a preventive measure in the circulation of unlicensed cosmetics among the public.]]>
<![CDATA[OPTIMIZATION OF THE ROLE OF THE VILLAGE CONSULTATIONAL BODY IN THE VILLAGE GOVERNMENT SYSTEM REVIEWED FROM THE PRINCIPLE OF CHECK AND BALANCE ]]>
<![CDATA[Sihombing, Rizky Darmawansyah]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19398
<![CDATA[The implementation of village government is not only absolutely carried out by the village head, but there is a role for the Village Consultative Body in running the village government system. The Village Consultative Body, which is the representative of the village community, has the authority granted directly by Law No. 6 of 2014 concerning Villages. Furthermore, the village consultative body is also commonly known as the legislature within the scope of village government. So that on this basis, in running government in the village, the principle of checks and balances should be implemented. so that BPD can play a preventive role in potential abuse of power at the village level. This research also uses normative legal research and a statutory approach. So this research aims to find out the extent to which the law regulates village consultative bodies and also the application of the principle of check and balance in the administration of village government. In fact, the existence of the Village Consultative Body is recognized as stated in Law No. 6 of 2014 concerning Villages. So BPD is a constitutional institution in the constitutional system in Indonesia. Furthermore, the implementation of checks and balances in the village government environment should be able to occur. Considering the role and function of the village Consultative Body which includes a controlling function for the administration of government at the village level.]]>
<![CDATA[CONVERGENCE OF CARBON PRICING POLICY AS A CLIMATE CHANGE SOLUTION TO RECOVERY ENVIRONMENTAL DAMAGE IN INDONESIA ]]>
<![CDATA[Nasution, Faradila Umaya]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19376
<![CDATA[The carbon pricing refers to the costs imposed by the carbon tax on a company based on the amount of carbon as they emit. The government establishes carbon price policy through regulations and policies. In Indonesia, carbon prices are still being determined through theoretical methods. This research provides valuable insights for legal evaluation, indicating that environmental policies in Indonesia should prioritize the welfare of individuals affected by environmental pollution. Carbon pricing is expected to be a tool for controlling climate change in Indonesia and promoting the green economy concept by applying economic value]]>
<![CDATA[A POTENTIAL APPROACH TO THE USE OF ARTIFICIAL INTELLIGENCE IN TRADEMARK VERIFICATION PROCESS ]]>
<![CDATA[Napitupulu, Novita Sartika Elisabeth]]>;
<![CDATA[Situmorang, Yan Putra Jalo]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19330
<![CDATA[Artificial Intelligence (AI) is undeniably impacting many aspects of life, including legal fields. Many countries are now focused on developing AI in many sectors, such as governmental services. In relation to the plan of the Government of Indonesia to provide faster public services, AI can be expected to be a catalyst and support in the field of the Intellectual Property Rights verification process, specifically trademark. By now, the process may take several times to arrive at the final decision before the certificate of IP Rights ownership is given to the applicant. This is due to the necessity of the details that need to be checked to guarantee the originality of the application of the IP rights. This paper will discuss the possibility of how AI can be a helpful breakthrough to innovate in assisting the intellectual property rights verification process under the supervision of the Ministry of Law and Human Rights in Indonesia.]]>
<![CDATA[ANALYSIS OF THE PHENOMENON OF ONLINE SCAMS IN ONLINE JOB SEARCHES SYNDICATED WITH TRAFFICKING CRIMES INTERNATIONAL LAW PERSPECTIVE ]]>
<![CDATA[Ulfah, Qorry]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19945
<![CDATA[This research is interesting to discuss because of technological developments that give rise to the occurrence of Online scams carried out in terms of offering foreign workers through job vacancies advertised by utilizing social media pages. The problem in the study is related to the criminal responsibility of the country perpetrating online scams according to international law. and related to the extent of intervention of the country of origin of sending labor to the country of online scam perpetrators legally. The type of research used in the form of normative juridical research is sourced from secondary data through data processing from primary legal materials, secondary legal materials and tertiary law. Based on the results of research in trafficking in persons , International Law provides policies to States parties in taking steps to implement the law through arrangements in the States of the Parties based on agreed conventions, one of which is through protocols to prevent, prosecute, and punish trafficking in persons, especially women and children (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Woman and Children). Located in Italy, the United Nations formulated the Palermo Protocol and related interventions were carried out by means of international cooperation that could include the exchange of information, training, and technical assistance between countries.]]>
<![CDATA[POLITICAL AND LEGAL PHILOSOPHICAL FRAMEWORK FOR NOTARY PUBLIC POSITIONS AS AN ALTERNATIVE FOR DISPUTE RESOLUTION IN INTERNAL POLITICAL PARTY DISPUTES ]]>
<![CDATA[Muttaqin, Imam Choirul]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19397
<![CDATA[Political and legal arrangements for mechanisms for resolving internal political parties' disputes have not been effective even though the arrangements have been in place and have changed several times since the beginning of reform until now . In recent years, it can be said that the ideal role and function of political parties is not as ideal. Prolonged internal conflict in several political parties , as public organizational entities Conflict or dispute resolution is an inherent part of political parties. This means that the basic principle of dispute resolution is to minimize state mechanisms (administration and justice ). In this research the author uses a normative juridical approach which departs from the reality of resolving internal political party conflicts so far, thus producing ideas by trying to offer alternative dispute resolution by viewing political parties as legal entities which in legal traffic always have a Notary who always accompanies the deed product. . Philosophically, notaries in exercising their authority are in the realm of evidence, thus, notaries with their deeds become the first filter or front guard in the selection process for 'validity' or validation of the truth of the highest forum as outlined in the deed or its copy as a 'prerequisite' for truth.]]>
<![CDATA[LEGAL PHILOSOPHY PARADIGM WITH CHARACTER BASED ON HUMANS AS PEOPLE OF ANTHROPOCENTRISM ]]>
<![CDATA[Ansari Sibarani, Fauzi]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19961
<![CDATA[Legal philosophy is a science that discusses fundamental issues about law, or the science of the nature of law. This research method uses prescriptive legal research which focuses on literature reviews to collect information from various literature regarding the legal topic being studied. The results of this research show that anthropocentrism is a very instrumentalist paradigm of environmental ethics, because the relationship between humans and nature can only be seen instrumentally. Nature is considered only as a tool for human interests. This paradigm is also selfish because it only prioritizes human interests. Philosophy plays a very important role in shaping human personality and making human life better. People with character usually have ideas about how they can shape and build their future and are able to think about how to develop it. Personality development takes a long time and involves many aspects of life, including experience, education, culture and social environment. The progress or even decline of a nation is influenced by the individual quality of its citizens.]]>
<![CDATA[JUDICIAL REVIEW PRESIDENTIAL REGULATION ON THE 1945 NRI CONSTITUTION ]]>
<![CDATA[Erickatama, Andrian]]>;
<![CDATA[Setiadi, Wicipto]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19937
<![CDATA[With the existence of Article 9 paragraph of Law no. 13 of 2022 which only provides restrictions that only the Law can carry out a Judicial Review of the 1945 Constitution of the Republic of Indonesia, and Judicial Review of Government Regulations and Presidential Regulations can only be carried out on Laws, will close the way for a possible Judicial Review of the Independent Presidential Decree to be carried out on the contrary to the 1945 Constitution of the Republic of Indonesia. This research uses a normative method with a qualitative approach. The approach used in this research is a statutory approach and a conceptual approach. In exercising attribution authority, it is possible that there may be a Presidential Regulation that exceeds the authority of a President, or could potentially become a tool for abuse of authority by the President. There is a need for a correction mechanism in the form of a Judicial Review of the Independent Presidential Decree on the 1945 Constitution of the Republic of Indonesia as a mechanism for public control.]]>
<![CDATA[DEVELOPMENT OF CIVIL LAW THROUGH EMPOWERING JURISPRUDENCE: A COMPARATIVE STUDY OF CIVIL LAW AND COMMON LAW SYSTEMS ]]>
<![CDATA[Pinem, Faisal Hadi]]>;
<![CDATA[Kamello, Tan]]>;
<![CDATA[Purba, Hasim]]>;
<![CDATA[Ikhsan, Edy]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19592
<![CDATA[The development of civil law in resolving disputes needs to be addressed by implementing court decisions that have permanent legal force in the form of jurisprudence. Civil law problems that are developing rapidly are unable to be followed by existing legal regulations, and are not even sufficient to answer all the problems in civil law itself. The research uses a normative juridical research type. Jurisprudence has a big role and contribution in the development of civil law to fill legal gaps and provide legal certainty. Article 10 Paragraph (1) Law no. 48 of 2009 states that "Courts are prohibited from refusing to examine, try and decide on a case submitted on the pretext that the law does not exist or is unclear, but is obliged to examine and try it". The position of jurisprudence in Indonesia, which adheres to a civil law system, adheres to the principle of freedom or is "persuasive precedent". Efforts to bring about legal convergence in certain cases are not possible. However, there are still legal similarities which can be used as a legal basis for resolving various problems in civil law in Indonesia. The role of the Supreme Court is very important in reviewing judges' decisions that are suitable for use as jurisprudence and carrying out an inventory of decisions in the field of civil law that constitute legal reform.]]>
