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[LEGAL VALIDITY FOR NAZHIR AS A MANAGER OF WAKAF ASSET IN TAKING BACK WAKAF ASSETS THAT ARE NOT USED IN ACCORDANCE WITH THEIR DESIGNATION ]]>
<![CDATA[Natigor Daulay, R. Fahmi]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24857
<![CDATA[This study examines the legal validity for Nazhir as a waqf asset manager in reclaiming waqf assets that are not used according to their intended use. The research method used is normative juridical. The results of the study indicate that the validity of Nazhir in the withdrawal of misused waqf assets is analyzed based on Decision No. 22/Pdt.G/2017/MS-Aceh which is in line with the provisions of Article 42 of Law of the Republic of Indonesia Number 41 of 2004 concerning Waqf, waqf assets that were initially loaned by Nazhir can be withdrawn if proven to be misused. The judge's consideration in granting the withdrawal of misused waqf assets in Decision No. 22/Pdt.G/2017/MS-Aceh is based on the fact that legally there is no legal reason for the Defendants/Appellees to illegally and unlawfully detain and control the disputed object as the legal property of YPI Bireuen.]]>
<![CDATA[DIVORCE STATEMENT MODEL IN RELIGIOUS COURTS ]]>
<![CDATA[Rosalina, Maria]]>;
<![CDATA[Elyani, Elyani]]>;
<![CDATA[Saragih, Noviyanti]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24495
<![CDATA[For Muslims , one of the reason break up bond marriage is existence decision from Religious Court based on lawsuit filed by an interested party . Lawsuit This can in the form of application divorce vow submitted by the husband as applicant , or lawsuit divorce filed by wife as plaintiff . After application the vow of divorce is terminated and has force law Still , the husband ( applicant) is obliged to pronounce vow of divorce in front of hearing Religious Court . In practice , the implementation this vow of divorce own several different models caused by various the problems that arise . This is what drives writer For examining the divorce vow model in the Religious Court and consequence law if husband No pronounce the divorce . Research This aiming For identify implementation models divorce oath in Religious Court and analyze consequence law If vow of divorce no spoken . Research This use method study law normative , with approach analysis to norm law positive in effect as well as using secondary data . For completing secondary data , done interview with practitioner law such as judges, notaries , and advocates . The results of the study show that there is various models of divorce vows in the Religious Court , and if husband ( applicant ) does not pronounce talaq in term the specified time , then right husband For pronounce the divorce fall and bond marriage still valid . In conclusion , there is various implementation models the oath of divorce in the Religious Court, which is influenced by problems between the parties .]]>
<![CDATA[FOOD ESTATE POLICY REVIEWED FROM ENVIRONMENTAL CRIMINAL LAW ]]>
<![CDATA[Nasution, Faradila Umaya]]>;
<![CDATA[Syahrin, Alvi]]>;
<![CDATA[Suhaidi, Suhaidi]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24226
<![CDATA[The conditions during the Covid-19 pandemic have made the issue of food security a hot topic of discussion because the government is worried about a food deficit in Indonesia. Not only because of the pandemic, the issue of food security has become a national and even international issue. In an effort to overcome and prevent the food crisis, the government issued a food estate policy as a solution to overcome the food crisis. However, in its implementation, the food estate program was carried out on land such as production forest areas and debt protection. Thus, land acquisition for the program creates new problems for the environment. This study uses a normative legal research method with a regulatory approach. The results of the study show that the food estate program often does not produce results according to expectations. Even in the context of environmental criminal law, the food estate program often violates the neglect of administrative obligations such as violations of permits. So that this program needs to be evaluated and planned carefully before the program is implemented.]]>
<![CDATA[UNITED NATION RESOLUTION ON RUSSIA'S RESPONSIBILITY FOR UKRAINE ]]>
<![CDATA[Lasia, Qorry Ulfah]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24524
<![CDATA[The Russia-Ukraine tensions that have occurred this year have caught the world's attention. This tension initially occurred with the deployment of hundreds of thousands of Russian troops on the Ukrainian border and the involvement of NATO, including the United States, which began to take steps, so that the escalation of the conflict was inevitable. This paper uses a normative legal research method, and data is taken using a literature review of various relevant related literature.The actions of NATO which participated in responding to it became a threat to Russia which eventually worsened the conflict on the Ukrainian border. As the largest international organization, the United Nations has a big role in this conflict as a mediating party that can find a way out from both sides. This paper analyzes the role of the United Nations in seeking conclusions on these problems, regarding how its roles, objectives, and functions are to find a conflict resolution. As the international community, every country needs to take part in overcoming the ongoing conflict, and it is a great obligation for the United Nations to be the main tool in resolving this conflict, given the large capabilities it has, and the many countries that can contribute, so that later the Russia-Ukrainian conflict can be resolved quickly.]]>
<![CDATA[THE POSITION AND IMPLICATIONS OF TESTING MPR/S DECISIONS IN THE INDONESIAN STATE SYSTEM ]]>
<![CDATA[Ananda, Adhe Ismail]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.23797
<![CDATA[The constitutional dynamics of Indonesia have undergone rapid development, marked by four amendments to the 1945 Constitution. These dynamics have affected the authority of state institutions, including the People's Consultative Assembly (MPR) and its legal products, namely MPR Decrees (TAP MPR/S), whose hierarchy in the legislative system has evolved. This study aims to analyze the position and implications of judicial review of MPR Decrees within Indonesia’s constitutional system. A normative juridical research method is used by examining legal materials, legislation, and legal doctrines. The study finds that the status of MPR Decrees has changed significantly before and after the constitutional amendments. Before the amendments, MPR Decrees were positioned above laws but below the Constitution, whereas after the amendments, their status became uncertain due to the removal and subsequent reintroduction into the legal hierarchy. This uncertainty creates legal gaps in judicial review mechanisms, necessitating solutions such as constitutional review by the Constitutional Court, a fifth constitutional amendment, or a legislative review by the MPR itself.]]>
<![CDATA[CRIMINAL LAW ENFORCEMENT AGAINST ORANGUTAN TRAFFICKING AS PROTECTED ANIMALS ]]>
<![CDATA[Mahendra Butar-Butar, Muhammad Yusril]]>;
<![CDATA[Syahrin, Alvi]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Trisna, Wessy]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24127
<![CDATA[Illegal trade in protected wildlife is an environmental crime and the Conservation of Living Natural Resources and Ecosystems as specified in Law Number 5 of 1990 concerning the Conservation of Living Natural Resources and Ecosystems, illegal trade in protected wildlife is still rampant and it is very damaging to the environmental ecosystem. So that this research is to elaborate on the legal protection of endangered animals in sustainable management of biological natural resources, law enforcement against the trade in protected animals according to the Law on Conservation of Biological Natural Resources and Ecosystems, and the judge's consideration of decision 1360/Pid.B/Lh/2022/Pn.Lbp and decision 95/Pid.B.Lh/2022/Pn.Bj on protected animal trafficking syndicates. The method used in this thesis is the normative juridical research method carried out by means of library materials or secondary materials. So that the author uses the statutory approach method (statude approach) and case approach (case approach). The data analysis method used is qualitative. The trade of Orangutans as protected wildlife is a criminal offense as specified in Article 21 paragraph (2) in conjunction with Article 40 paragraphs (2) and (4) of Law No. 5 of 1990. In Decisions 1360/Pid.B/LH/2022/PN.Lbp and 95/Pid.B/LH/2022/PN.Bnj , the panel of judges whose cases handed down sentences against the defendants, but the criminals generally given by the panel of judges were limited to the substance of the defendants in Law No. 5 of 1990, even though what the defendants had done had harmed the environment and endemic animals that were on the verge of extinction, so the author requests the Supreme Court of the Republic of Indonesia to request a special court for handling the environment and protected animals.]]>
<![CDATA[POSITION OF PERSONAL GUARANTEE ASSET SEIZURE IN BANKRUPTCY PRINCIPAL DEBTOR ]]>
<![CDATA[Sidauruk, Jupenris]]>;
<![CDATA[Sunarmi, Sunarmi]]>;
<![CDATA[Aflah, Aflah]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24126
<![CDATA[General Seizure of Personal Guarantee Assets in the Bankruptcy of the Principal Debtor, can be carried out and regulated in the provisions of the Bankruptcy Law and Civil Law. So that the Personal Guarantee has responsibility for the bankruptcy statement of the principal debtor, but in practice there is an interesting phenomenon, for example, in the Medan District Court Decision Number 6/Pdt. Sus-Others/2019/PN. Niaga. Mdn. there is a phenomenon of the seizure of Personal guarantee assets without a bankruptcy statement against the Personal Guarantee. Normative legal research with a statutory regulatory approach and case studies. The results of this study indicate that Article 1832 of the Civil Code number 2 states that the position between the Principal Debtor and the Guarantor or Personal Guarantee or Borgtocht is the same as a Debtor. Personal Guarantee assets cannot be seized in the bankruptcy of the Principal Debtor, a sign that there is a bankruptcy statement against the Personal Guarantee and the Personal Guarantee releases its Special Rights. In Decision Number: 6/Pdt. Sus-Lain-lain/2019/PN. Niaga. Mdn Jo. Number: 2/Pdt. Sus. Bankrupt/2018/PN. Niaga does not reflect justice, therefore the Personal Guarantee assets are not included in the Bankrupt Boedel because the Personal Guarantee is not bankrupt, so that general seizure cannot be carried out and general seizure is not in accordance with the contents of the guarantee agreement that has been agreed upon by the creditor and guarantor.]]>
<![CDATA[DISTRIBUTION OF INHERITANCE TO ADOPTED CHILDREN ACCORDING TO BATAK TOBA CUSTOMARY LAW ]]>
<![CDATA[Verawaty, Lenny]]>;
<![CDATA[Nadirah, Ida]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24691
<![CDATA[Adoption of children has become a societal need and is part of the family law system, because it concerns the interests of each person in the family. One of the legal consequences of adoption is regarding the status of the adopted child as the heir of his adoptive parents. This status regarding adopted children often causes problems in the family. Problems that can arise are regarding whether or not the adoption of a child is valid, as well as the position of the adopted child as the heir of the adoptive parents. The research method used is Normative Legal Research (Normative Jurisdiction), namely a legal research method that uses secondary data sources, by examining related library materials. The adoption of a child in the Batak Toba traditional community is carried out by means of a traditional ceremony (eating together) which is attended by the dalihan natolu, traditional king, dongan sahuta and other families. So the position of the adopted child regarding the division of the adoptive parents' inheritance is valid according to customary law, and there are also some communities who continue to ratify and determine the child's adoption with a court decision, after a traditional ceremony. Then it is registered at the local civil registration office, so that the adopted child's name is listed as a family member on his parents' family card. And in terms of inheritance distribution, adopted children have the same position as biological children.]]>
<![CDATA[LEGAL ANALYSIS OF ACCESS OF CUSTOMARY LAND BY PARTIES OUTSIDE THE ENDE LIO CUSTOMARY LEGAL COMMUNITY IN ENDE REGENCY, EAST NUSA TENGGARA PROVINCE (Case Study of Supreme Court Decision No. 241 K/Pdt/2020) ]]>
<![CDATA[Panggabean, Mora H Ramadhan]]>;
<![CDATA[Sembiring, Rosnidar]]>;
<![CDATA[Maria, Maria]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24308
<![CDATA[This research examines the vital role of customary land for the Ende Lio indigenous community in Ende Regency, East Nusa Tenggara as a cultural identity and source of livelihood passed down through generations, yet facing challenges in the form of land tenure disputes by external parties as seen in the Supreme Court Decision Number 241 K/Pdt/2020. Using normative juridical research methods with descriptive characteristics and qualitative analysis through literature study, the research finds that legal regulations regarding customary land tenure in Indonesia are based on the 1945 Constitution Article 18B paragraph (2), Basic Agrarian Law Article 3, and ATR/BPN Ministerial Regulation No. 14/2024. The Ende Lio traditional leader (Mosalaki) holds multidimensional responsibilities and authority over Tana Nggoro, encompassing spiritual, legal, social, and ecological aspects as the highest guardian of ancestral land. Analysis of the Supreme Court Decision demonstrates prioritization of recognition and protection of Tana Nggoro land belonging to the Ende Lio indigenous community by affirming that the disputed object constitutes ancestral heritage land of the Plaintiffs as Mosalaki, and declaring that land possession by external parties without legal title and without approval from authorized customary leaders constitutes an unlawful act.]]>
<![CDATA[PROBLEMATICS OF LIMITING THE QUANTITY OF VILLAGE HEAD CANDIDATES BASED ON THE PROVISIONS OF ARTICLE 23 PARAGRAPH 1 OF THE REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 112 OF 2014 CONCERNING VILLAGE HEAD ELECTIONS ]]>
<![CDATA[Sihombing, Rizky Darmawansyah]]>;
<![CDATA[Nasution, Mirza]]>;
<![CDATA[NAM Sihombing, Eka]]>
<![CDATA[ NOMOI Law Review Vol 6, No 1 (2025): May Edition ]]>
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DOI: 10.30596/nomoi.v6i1.24774
<![CDATA[Village Head Election in Indonesia still has several problems. Not only at the application level, but also from the regulation still has problems. The limitation of the quantity of Village Head candidates will not be found in Law No. 6 of 2014 concerning Villages, but the regulation related to this limitation can be found in its derivative regulations, namely Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages and Regulation of the Minister of Home Affairs Number 112 of 2014 concerning Village Head Elections. So that with the limitation regulations regulated in the derivative regulations of Law No. 6 of 2014, there is a potential for a conflict of norms between the Law and the PP. thus causing legal uncertainty regarding the number of village head candidates. This study uses a normative legal research method with a statutory regulatory approach. The results of this study indicate that in the provisions of Law No. 6 of 2014 concerning Village Heads, especially in the section on the requirements for Village Head candidates, there are no regulations related to the limitation of the quantity of Village Head candidates. So this regulation opens up opportunities for village communities who are declared to meet the requirements to be able to participate in the village head election. The regulation relating to the limitation of the number of village head candidates as regulated in the derivative regulation of Law No. 6 of 2014 concerning villages can be categorized as contradictory and inconsistent with the principle of lex superior derogate legi inferiori because Law No. 6 of 2014 as its main regulation does not provide a limit on the maximum number of village head candidates .]]>
