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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 137 Documents
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LEGAL ANALYSIS OF TRANSFER OF SHARES TO PARTIES OTHER THAN THE HEIRS OF SHARE OWNERS WHICH CAUSE ACTS UNLAWFUL (CASE STUDY OF MEDAN DISTRICT COURT DECISION NO. 552/PDT.G/2018/PN.MDN) Nadeak, Sugianto SP; Sirait, Ningrum Natasya; Robert, Robert
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.v5i2.21305

Abstract

Shares are movable objects so that shareholders can transfer shares to other parties by fulfilling the requirements for transfer of rights as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Shares can be transferred to the heirs of the shareholder if the shareholder dies. The transfer of shares due to inheritance is regulated in Article 57 paragraph (2) of the UUPT. This provision confirms that shares are an object of inheritance. Inheritance for Christians is regulated in civil law provisions (KUH Perdata). Article 833 of the KUH Perdata stipulates that the right to ownership of the heir is legally transferred to the heirs. This provision states that the heirs have rights to the shares owned by the heir so that if the shares are transferred or distributed to other parties without the consent of the heirs, it is a form of unlawful act. This research is normative legal research with a statute approach and case study. The results of the study found that limited liability companies secretly transferred shares by distributing shares owned by deceased shareholders to other parties without the consent of the shareholder's heirs as in the Medan District Court Decision Number: 552/Pdt.G/2018/PN.Mdn. Based on the evidence in the trial, the Judge in the decision stated that the limited liability company's actions in distributing shares owned by deceased shareholders to other parties without the consent of the heirs was an unlawful act because according to the UUPT, limited liability companies are not shareholders so that limited liability companies do not have the right and capacity to distribute the shares
FULFILMENT EDUCATION RIGHTS OF BADUY COMMUNITY PERSPECTIVE POSITIVE LAW, CUSTOMARY, AND ISLAMIC Bin Risal, Andi Asril; Ahmad, Ahmad
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.v5i2.20571

Abstract

The right to obtain access to education is clearly stated in the 1945 Constitution of the Republic of Indonesia (UUDNRI). However, it turns out that there are still Indonesian indigenous people who do not feel the right to education at all, they are the Baduy tribe. This research aims to explain and provide solutions so that the fulfillment of the right to education in Indonesia is equitable, especially for the Baduy community. This research compares the perspectives of positive law, customary law and Islamic law in understanding the right to education, and reveals the urgency of all three in determining priority actions for the Baduy tribe. Researchers used the Systematic Literature Review (SLR) method to collect data to find out and answer the problems in this research. The research results reveal that the right to education is part of Human Rights (HAM) which is very fundamental in nature. and Positive law is the highest rule in Indonesia which also guarantees the implementation of the right to education for all Indonesian people. The government must be firm and active in providing guarantees for the right to education in accordance with the mandate of the Constitution and several other state regulations, and play an important role in establishing positive law as the main guideline that must be obeyed and followed by all Indonesian citizens..
PROBLEMATICS OF CERTAINTY OF WORK PERIOD OF GOVERNMENT EMPLOYEES WITH CONTRACT AGREEMENTS (PPPK) HUMAN RIGHTS PERSPECTIVE Sihombing, Eka NAM; Abdillah Sihombing, Muhammad Aufa
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.v5i2.21749

Abstract

Government employees with contract agreements or often known as PPPK have been around for quite a long time. PPPK has even provided its own dynamics related to the personnel management system in Indonesia. PPPK can be said to be a transformation and eliminates the terminology of honorary employees. The PPPK nomenclature has actually existed since the birth of Law No. 5 of 2014 concerning the State Civil Apparatus. However, Law No. 20 of 2023 concerning the State Civil Apparatus provides more strengthening of the rights of PPPK. In both laws, PPPK is placed as part of the state civil apparatus (ASN) just like civil servants. However, even though it is included in ASN, the rights obtained by PPPK are not the same as PNS. Even PPPK using a contract system certainly does not provide certainty about its work period. This study uses normative legal research with the approach used being the statutory approach. The results of the study show that the existence of PPPK since 2014/2015 has been known. In 2023, since the birth of Law No. 20 of 2023 concerning State Civil Apparatus, the rights obtained by PPPK are stronger. However, regarding the certainty of the work period, PPPK still has differences with PNS. The work period of PNS will end when they reach retirement age, while PPPK will end their work period when the work agreement period ends. So that PPPK can be extended again or not based on the needs of each agency and an assessment of the achievement of performance targets which causes there to be no certainty regarding the work period for employees with PPPK status.
OPTIMIZATION OF THE AUTHORITY OF THE NATIONAL HAM COMMISSION IN FULFILLING HUMAN RIGHTS IN INDONESIA Berutu, Riski Pardinata; Darmawansyah Sihombing, Rizky; Sharfina Desiandri, Yati
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.v5i2.21740

Abstract

Problems related to Human Rights still often occur in Indonesia. Based on historical records, gross human rights violations occurred during the New Order government. The many human rights violations that occurred have not been resolved until now. In fact, in terms of authority, Komnas HAM is given the authority to conduct investigations into allegations of gross human rights violations. Not only that, the functions and duties of Komnas HAM can also be concluded as preventive duties and functions so that human rights violations do not occur. However, the authority of these duties and functions has not been optimally implemented by Komnas HAM. This can be seen from the conflict related to allegations of gross human rights violations in the past that have not been resolved. This research is a normative legal research with a statute approach. In the end, it can be seen that the existence of Komnas HAM began in 1993 through Keppers No. 50 of 1993 which has developed and regulated Komnas HAM into Law No. 39 of 1999 concerning human rights. Normatively, Komnas HAM has the function of studying, researching, providing information, monitoring, and mediating human rights. However, this function is considered not to have been implemented optimally considering the many human rights violations that still occur in the community.
LEGAL PROBLEMATICS OF RETURNING ASSETS (CONFISCED OBJECTS) THE DEFEND DIED IN A MONEY LAUNDERING CRIME CASE Parinduri, Hamdani; Sunarmi, Sunarmi; Siregar, Mahmul; Trisna, Wessy
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.v5i2.21276

Abstract

The applicable legal instruments in Indonesia have not been able to regulate all activities to return existing criminal assets with asset recovery/return of assets resulting from crime, although in Law Number 7 of 2000, asset return has been ratified in accordance with UNCAC. With Law Number 8 of 2010 concerning TPPO, a person who commits an act to hide or disguise criminal assets is criminalized. The problem is how is the proof of money laundering crimes against the return of assets (confiscated objects) of deceased defendants? How is the analysis of the judge's considerations and decisions regarding the return of assets (confiscated objects) of deceased defendants in the trial process based on the Medan District Court Decision No. 1252/Pid.Sus/2020/PN Mdn jo. Medan High Court Decision No. 391/Pid.Sus/2021/PT Mdn jo. Supreme Court Decision No. 3856 K/Pid.Sus/2022? The research method used in this study is the Normative Research with approach method used in this research is the statutory approach.. From the results of the analysis, it is known that in the event of the death of the defendant, based on the provisions of the Criminal Procedure Code Article 77 Regarding the deceased suspect (suing to his heirs) as regulated in Article 33 of the Corruption Law and the deceased defendant (suing to his heirs) as regulated in Article 34 of the Corruption Law, there are 3 scopes that must be fulfilled without criminalization.
LEGAL VALIDITY FOR NAZHIR AS A MANAGER OF WAKAF ASSET IN TAKING BACK WAKAF ASSETS THAT ARE NOT USED IN ACCORDANCE WITH THEIR DESIGNATION Natigor Daulay, R. Fahmi
NOMOI Law Review Vol 6, No 1 (2025): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24857

Abstract

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.
DIVORCE STATEMENT MODEL IN RELIGIOUS COURTS Rosalina, Maria; Elyani, Elyani; Saragih, Noviyanti
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24495

Abstract

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 .
FOOD ESTATE POLICY REVIEWED FROM ENVIRONMENTAL CRIMINAL LAW Nasution, Faradila Umaya; Syahrin, Alvi; Suhaidi, Suhaidi
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24226

Abstract

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.
UNITED NATION RESOLUTION ON RUSSIA'S RESPONSIBILITY FOR UKRAINE Lasia, Qorry Ulfah
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24524

Abstract

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.
THE POSITION AND IMPLICATIONS OF TESTING MPR/S DECISIONS IN THE INDONESIAN STATE SYSTEM Ananda, Adhe Ismail
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.23797

Abstract

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.

Page 11 of 14 | Total Record : 137

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