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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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CRIMINAL LAW ENFORCEMENT AGAINST ORANGUTAN TRAFFICKING AS PROTECTED ANIMALS Mahendra Butar-Butar, Muhammad Yusril; Syahrin, Alvi; Marlina, Marlina; Trisna, Wessy
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.v6i1.24127

Abstract

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.
POSITION OF PERSONAL GUARANTEE ASSET SEIZURE IN BANKRUPTCY PRINCIPAL DEBTOR Sidauruk, Jupenris; Sunarmi, Sunarmi; Aflah, Aflah
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.v6i1.24126

Abstract

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.
DISTRIBUTION OF INHERITANCE TO ADOPTED CHILDREN ACCORDING TO BATAK TOBA CUSTOMARY LAW Verawaty, Lenny; Nadirah, Ida
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.v6i1.24691

Abstract

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.
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) Panggabean, Mora H Ramadhan; Sembiring, Rosnidar; Maria, Maria
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.v6i1.24308

Abstract

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.
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 Sihombing, Rizky Darmawansyah; Nasution, Mirza; NAM Sihombing, Eka
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.v6i1.24774

Abstract

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 .
CONTRIBUTION OF THOUGHTS OF ACEH TAMIANG FIGURES IN BUILDING DEMOCRACY ELECTIONS FREE FROM MONEY POLITICS Hakim, Lukmanul
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.v6i1.22909

Abstract

The practice of money politics is a serious challenge in the democratic system in Indonesia, including in Aceh Tamiang, which can damage the essence of democracy and worsen the quality of elections. In this case, voters tend to be influenced by material incentives, not by the quality of candidates or the vision and mission offered, which results in reduced election integrity. In addition, social inequality is increasing because only those with material resources can dominate the election process. Aceh Tamiang, as a region with the implementation of Islamic Sharia, has great potential to build a democracy with integrity. This study aims to explore the contribution of the thoughts and strategies of community leaders, such as religious, educational, and traditional leaders, in minimizing the practice of money politics in the area. This research uses an empirical legal research method with a statute approach and case study. The results of the study show that even though there are qanuns that support fair elections, the practice of money politics continues to occur, mainly due to poverty and lack of political education. Religious, educational, and traditional leaders in Aceh Tamiang play an important role in preventing this practice, through voter education, strengthening law enforcement, and transparency of campaign funds, to realize a democracy free from money politics.
LEGAL PROTECTION FOR PASSENGERS IN PUBLIC TRANSPORT ACCIDENT INSURANCE CLAIMS IN INDONESIA Tunggati, Melki T.; Piyo, Sofyan
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.v6i1.23651

Abstract

Legal protection for passengers in public transportation accident insurance claims in Indonesia is an important aspect in guaranteeing the rights of accident victims. Although various regulations have regulated the obligation of transportation service providers to provide accident insurance, there are still various obstacles in its implementation, such as complicated claim procedures, low passenger awareness of their rights, and lack of supervision of transportation and insurance companies. This research uses a normative legal research method with a statutory approach and a case approach. The sources of legal materials consist of primary, secondary, and tertiary legal materials collected through literature study and analyzed qualitatively. The results show that although regulations such as Law Number 33 of 1964 and Law Number 8 of 1999 have provided a legal basis for passenger protection both preventively and repressively, there are still challenges in its implementation. The main obstacles include regulations and policies, complicated bureaucracy, lack of socialization of passenger rights, and weak law enforcement against negligent companies. Therefore, improvements in regulations, simplification of claim procedures, and increased supervision are needed to ensure passenger rights are effectively protected.
CHALLENGES AND IMPLICATIONS OF THE SINGLE BAR SYSTEM ON LEGAL PROTECTION FOR ADVOCATES IN INDONESIA Jevis, Weldy; Hosnah, Asmak; rohaedi, Edi
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.v6i1.24109

Abstract

The large number of advocates in Indonesia requires every advocate to be registered and joined in an association or organization. With the many advocate organizations in Indonesia, PERADI as an organization recognized by the state as a forum for advocate organizations to gather. PERADI is also a manifestation of the adoption of the single bar system in Indonesia. In the context of Indonesian law, advocate organizations must be registered with the Indonesian Advocates Association (PERADI) to obtain legal protection. However, many advocate organizations choose not to join Peradi, thus creating uncertainty regarding legal protection for their members. This study uses a normative juridical approach with a literature study to examine the legal norms governing the advocate profession, especially those related to the legal position of non-Peradi organizations, as well as the single bar system implemented in Indonesia. The research findings show that although non-Peradi organizations have temporary authority to carry out certain functions, their legal status is still ambiguous and affects the legal protection provided to their members. In addition, the implementation of the single bar system in Indonesia provides advantages in terms of supervision and professional development, but also faces major challenges in terms of accessibility of advocates in remote areas to services provided by PERADI.
VALIDITY OF APPLICANTS PRESENT BEFORE A NOTARY ONLINE Arbas, Etra
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.v6i1.24494

Abstract

The development of digital technology has brought significant changes in various fields, including in notarial practice. One of the main challenges in implementing online notarization is the validity of the person appearing before the notary online (online notarization). Clear regulations are needed to ensure that the online notarization process remains in accordance with the principles of legality, identity authentication, and personal data protection. In addition, the legal validity aspect of deeds made online is also a major concern in the applicable legal system. This study uses normative legal research with a statutory and comparative approach. The results of the study show that online notarization has been in effect and implemented in several countries. Indonesia itself has not implemented online notarization because existing regulations require that the person appearing must be present in person before the notary. So if the notary does not meet in person, then the validity of a deed is because it is carried out in a manner that is not in accordance with statutory regulations. 
ANALYSIS EXECUTION PERIOD RIGHT DEPENDENTS DURING THE INSOLVENCY PERIOD FOR CREDITORS SEPARATIST Gustaf Hutabarat, Andy; Sunarmi, Sunarmi; Robert, Robert
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.v6i1.24695

Abstract

Term time execution object right liability regulated in Article 55 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Postponement Obligation Debt Payment . Execution right the responsibility is given term 2 months time after commencement of insolvency as in Article 59 paragraph (1) of Law no. 37 of 2004, term time execution does not provide protection to creditors separatist in carry out his rights , so that creditors separatist can experience loss . This study uses method study legal normative referring to norms law with study library , this research is of a descriptive and method descriptive data analysis qualitative . Research Results find If term the time stipulated in Article 59 paragraph (1) of Law No. 37 of 2004 does not provide protection and justice for creditors separatists , this is supported by auction data in period 2019-2023 period owned by KPKNL Medan and creditor data separatist based on this data, creditors separatist need time up to 3 months up to 4 months to implement execution auction guarantee right liability , because there is requirements administrative as well as procedure bureaucracy that must be passed by creditors separatist.

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