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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 126 Documents
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OPTIMIZATION OF THE AUTHORITY OF THE REGIONAL FINANCIAL AND ASSET MANAGEMENT AGENCY (BPKAD) IN MANAGING REGIONAL ASSETS IN MEDAN CITY Sintara, Dani
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21524

Abstract

The Regional Financial and Asset Management Agency is part of the regional apparatus organization that handles matters supporting regional government. As an agency that has a function to support government affairs, the BPKAD in Medan City has several authorities related to the management of regional finances and assets. The large number of regional assets in Medan City that have not been optimally managed is a separate problem related to the management of regional finances and assets. This study uses normative legal research with the approach used through the statute approach. This means that this study aims to see whether the authority of the BPKAD, especially in Medan City, has been implemented optimally or not. In the end, it is seen that the position of the BPKAD in Medan City as an agency is included in the agency that constitutionally has a clear legal basis. However, related to its authority, it is seen that the BPKAD in Medan City has not been able to optimally implement its authority in managing regional finances and assets in Medan City. So there needs to be improvement related to the performance of the BPKAD.
LEGAL PROTECTION OF THE FREEDOM TO USE THE HIJAB AS A RIGHT TO RELIGIOUS FREEDOM: CASE STUDY OF THE HOSPITALITY INDUSTRY IN THE SAMARINDA CITY REGION Pratama, Rio Arif; Sariayana, Tiya Manikam
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21652

Abstract

This study examines the legal protection against the prohibition of hijab for female workers in hotels located in Samarinda City. The research aims to analyze the legal protections available for women wearing hijabs and to determine whether such prohibitions constitute a violation of the right to worship. The research used in this research is empirical juridical with a statutory and case study approach. The findings reveal that the ban on hijabs in hotels results in violations of human rights and the religious rights of female workers. Although there are regulations in place to protect the right to worship, their implementation in practice remains weak, leaving female workers often in vulnerable positions. The study concludes that there is a need for strengthened regulations and legal awareness among employers to ensure that workers' rights are respected and protected, and to create an inclusive and equitable work environment
OPTIMIZATION OF THE ROLE OF LEGISLATION DESIGNERS IN IMPLEMENTING HARMONIZATION OF REGIONAL REGULATION DRAFT Iswahyudi, Fauzi; Nasution, Faisal Akbar; Suhaidi, Suhaidi
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21826

Abstract

Harmonization of regional regulations as an effort to ensure alignment between draft regional regulations and higher regulations. The role of the drafter of legislation is very important in this process, considering the complexity of regulations and the need for an integrated legal system. This research aims to analyze the optimization of the role of legislative regulation designers in carrying out harmonization of draft regional regulations. This research uses normative legal research with a statutory approach.. The results of the study indicate that drafters have a strategic responsibility in ensuring the consistency of legislation, both vertically and horizontally. However, a number of challenges were identified, such as lack of coordination between stakeholders, limited technical capacity, and political uncertainty that affects the independence of drafters. Effective harmonization of regional regulations requires the role of drafters who are not only legal technicians, but also facilitators in building legal integration that is responsive to the dynamics of society and the needs of regional development. This optimization is important to create regional regulations that are quality, fair, and do not conflict with higher regulations.
CORRELATION OF PUBLIC PARTICIPATION AND PUBLICATION IN FORMING LEGISLATION Irwansyah, Irwansyah; Marwan Hsb, Ali
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21152

Abstract

The formation of legislation is said to be participatory if there is public participation. However, public participation has so far only been procedural. However, after the Constitutional Court Decision Number 91/PUU-XVIII/2020 which stated that the formation of legislation must reflect meaningful participation consisting of the right to be heard, the right to be considered and the right to obtain an explanation. In order for this meaningful participation to run optimally, efforts are needed to optimize it. The method used in this paper is normative legal research with a prescriptive approach. Based on the research conducted, it was found that in order to optimize public participation to achieve meaningful participation, one of the main things that must be done is publication or openness of information, so that the public knows what material the contents of the legislation are being prepared and how far the formation process has progressed.
DISCOURSE ON PROFIT SHARING FUND POLICY BETWEEN CENTRAL GOVERNMENT AND REGIONAL GOVERNMENT IN OIL AND GAS MINING SECTOR IN INDONESIA Lubis, Khairil Afandi; Akbar Nasution, Faisal; Afnila, Afnila; NAM Sihombing, Eka
NOMOI Law Review Vol 5, No 2 (2024): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21529

Abstract

Revenue Sharing Fund (DBH) in the oil and gas sector is one of the important instruments in regulating the distribution of revenue between the central government and producing regions in Indonesia. This DBH policy is designed to ensure fair revenue sharing between the center and regions. However, its implementation often encounters various problems, such as delays in distribution, unfairness in distribution, and the impact of fluctuations in world oil and gas prices. The type of research used is normative legal research with a prescriptive juridical approach to understand the discourse on oil and gas DBH policies in Indonesia. The results of the study show that there is a discourse on the Revenue Sharing Fund policy in the oil and gas sector in Indonesia showing that this policy still faces a number of serious challenges, such as delays in distribution, unfairness in distribution, lack of transparency, and the impact of fluctuations in global oil and gas prices. To improve this policy, reforms are needed in the distribution mechanism, revision of the distribution formula, increased transparency, and economic diversification in producing regions
OPPORTUNITIES AND CHALLENGES OF MANDATORY SOCIAL SECURITY PARTICIPATION FOR INDONESIAN MIGRANT WORKERS: A REVIEW OF CONVENTIONAL LAW AND ISLAMIC LAW Yefrizawati, Yefrizawati; Agusmidah, Agusmidah; Affila, Affila; Chairi, Zulfi; Khairunnisa, Siti; Alpani Pane, Farhan
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21057

Abstract

In developed countries, social security is a priority. So much so that social security is one of the administrative requirements that must be fulfilled by every citizen. Social security, especially for  workers, should be placed on a primary scale because its function can help ensure the welfare of workers in the future. Indonesia is the country with the largest number of Muslims, but the development of social security is far behind, even though Islam has rules, including regarding social relations which are based on the concept of mutual help as contained in the zakat regulations. This situation is an opportunity, the obstacle lies in state regulations which do not yet require Indonesian Migrant Workers (PMI) to be participants in all existing programs, only requiring Accident Insurance (JKK) and Death Insurance (JKM), while Old Age Insurance/Pension Insurance (JHT) is optional. Another thing is that it is not easy for PMI who have worked in other countries to become participants, especially those who do not have a written contract, because one of the requirements is the existence of a written contract. This was complained about by PMI who worked in Malaysia through the forgiveness program from the Malaysian government. Using qualitative research methods, this research places the researcher as the key instrument. The data collection technique was carried out by combining results obtained through interviews, observation and literature study, combined with inductive data analysis.
LEGAL ANALYSIS OF THE POSITION OF SOCIAL RESEARCH REPORT ON CHILD CRIMINAL DECISIONS Tambunan, Samuel Parsaoran
NOMOI Law Review Vol 5, No 2 (2024): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21880

Abstract

Criminal sanctions are The Last Resort or ultimum remedy which is applied after other developmental and preventive efforts have failed. In the juvenile criminal case number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn, Children were sentenced to prison for theft even though recommendations from Community Guidance Officers prioritized children's growth and development. This research analyzes the role of Community Development Officers in the Juvenile Criminal Justice System, what the Community Development Officer conveys to the Judge to be taken into consideration in the Decision, and the position of the Community Research Report in the Judge's consideration in Decision Number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn. The research method used in this research is normative juridical with a statutory approach and case studies.  The research results show that in decision number. 14/Pid.Sus-Anak/2018/PN.Mdn and Decision Number. 48/Pid.Sus-Anak/2019/PN.Mdn, the position of the Community Research Report is only a reference. The judge did not even consider that in this case there had been a peaceful settlement between the victim witness and the child. When examining and deciding cases, judges should consider the Public Research Report in depth.
RECONSTRUCTION OF THE AUTHORITY OF THE STATE ADMINISTRATIVE COURT REGARDING THE DETERMINATION OF APPLICATIONS POSITIVE FICTION ( Analysis Critical Post The Birth Constitution Number 6 of 2023 concerning Determination Regulation Government Replacement Constitution Number 2 of 2022 concerning Create Work ) Hadita, Cynthia
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21521

Abstract

The problem the disappearance authority State Administrative Court in set application submission fictitious positive Post The Birth Constitution Number 6 of 2023 concerning Determination Regulation Government Replacement Constitution Number 2 of 2022 concerning Create Work (UUCK) is necessary done reconstruction and carried out arrangement more carry on in Regulation Government or Regulation President . Method research used that is legal normative with approach critical legal studies . Research result show that if attitude silent official government considered granted then the Fictitious Decision Positive post UUCK will direct implemented by officials government That Alone without need submit application to PTUN matter This impressed deviate judicial power in set application fictitious positive that must be obeyed by Officials Government .
IMPLEMENTATION OF GOVERNMENT DECENTRALIZATION IN REALIZING VILLAGE AUTONOMY BASED ON LAW NUMBER 3 OF 2024 CONCERNING VILLAGES Khasanofa, Auliya; Subur, Subur
NOMOI Law Review Vol 5, No 2 (2024): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21747

Abstract

Decentralization policy is a process of government devolution to the people. The implementation of decentralization in realizing village autonomy based on community development and development makes the village government competent. In March 2023, urban poverty data reached 7.29 percent and rural areas 12.22 percent, meaning that to grow village autonomy requires a growth budget. So in Article 9 paragraph (1) of Law No. 19 of 2023 concerning the 2024 State Budget, the TKD costs in 2024 are planned at IDR 85.6 trillion. And paragraph (2) letter f that from the TKD figure, the village fund transfer is 71,000.0 trillion. This study is to explain the role of the government in the decentralization of village autonomy with the presence of Law No. 3 of 2024 concerning Villages, in addition to village funds where the term of office of the village head is increased to eight years. The people who are one of the factors driving economic growth can be competent in terms of effective resource management from development through the village government. The method used in this research is a normative juridical legal research method with the approach used is a qualitative descriptive approach. The results of this discussion, with the birth of the law, have opened up opportunities for villages to manage village finances for priority programs. Village funds issued by the government can be used as village community development and village government socialization of village funds for education, health, and social security. However, in the implementation of village autonomy, the community has not had an active role in its management. Therefore, the village government must be more transparent about village funds and capable of taking an important role for golden Indonesia.
FORMS OF AGREEMENTS IN THE CIVIL CODE THAT CAUSE COLLABORATION IN THE PROCUREMENT OF GOODS AND SERVICES Nasution, Muhammad Anggi; Sirait, Ningrum Natasya; Siregar, Mahmul
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21304

Abstract

The Civil Code divides the agreement into 2 parts, named agreements and unnamed agreements. These agreements are sometimes used for tenders related to the procurement of goods and services. These forms of agreements are often used by tender participants to create a pseudo-business competition. Pseudo-business competition is commonly used to win a tender. So that this research will focus on the forms of agreements that are often used in the procurement of goods and services in Indonesia through the perspective of Law Number 5 of 1999. This research is a normative juridical research using descriptive analysis. In this study, a comprehensive, systematic and in-depth picture of a situation or signs that are studied about all related matters. Named agreements and unnamed agreements have legality in Indonesian positive law, but agreements are not allowed to be made in the procurement of goods and services, because they will violate the provisions of Article 22 with the type of horizontal conspiracy that has been detailed through the Regulation of the Business Competition Supervisory Commission Number 3 of 2023 with the type of horizontal conspiracy and violates Articles 6 and 7 of Presidential Regulation No. 16 of 2018 as amended by Presidential Regulation No. 12 of 2021, so that the agreement is null and void .

Page 10 of 13 | Total Record : 126

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