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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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ARRANGING THE RHYTHM OF ROYALTY OBLIGATIONS IN THE BROADCASTING OF SONGS AND MUSIC BY LOCAL RADIO IN MEDAN CITY Devi Azwar, T. Keizerina; Siagian, Putri Rumondang; Desiandri, Yati Sharfina; Arifiyanto, Joiverdia; M. Wau, Hilbertus Sumplisius
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.v6i1.24692

Abstract

Local radio stations play a vital role in the broadcasting industry, serving as a key platform for sharing information and entertainment with the community. However, as the digital music industry continues to evolve, local radio stations in Medan face increasingly complex challenges in complying with copyright laws for songs and music. This study explores the struggles of local radio stations in meeting royalty payment obligations while also examining the regulatory and economic barriers that impact the enforcement of copyright laws in the broadcasting sector. Using a juridical-normative approach with qualitative methods, this research conducts a case study of several local radio stations in Medan. The findings reveal that although awareness of royalty obligations is growing, significant challenges remain. These include unclear regulations, financial burdens, and a lack of understanding of how royalties are distributed. This study highlights the need for greater collaboration between the government, collective copyright management organizations, and radio industry players to establish a fairer and more sustainable system for ensuring compliance with music copyright laws in local broadcasting.
REFORMULATION OF AMNESTY AND ABOLITION IN THE STATE SYSTEM IN INDONESIA Lubis, Mhd Ansor; Firdaus, Aras; Harahap, Muslim; Lawali Hasibuan, H. Abdul; Elisa Munthe, Gerald
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26565

Abstract

The granting of amnesty and abolition is a presidential prerogative. This is regulated in the 1945 Constitution. Although it is a presidential prerogative, the question remains whether the granting of amnesty and abolition by the president recently has been in accordance with statutory regulations. This study uses a normative juridical research method with a statutory, conceptual, and comparative approach. The results show that amnesty and abolition are legal instruments derived from the president's constitutional authority as head of state. Both instruments function as extraordinary forms of forgiveness or waiver of legal charges, as they concern the interests of the state, reconciliation, and political and social stability. However, in Indonesian constitutional practice, the granting of amnesty and abolition often sparks debate. On the one hand, the president's authority is seen as a manifestation of the prerogative recognized in the constitution; on the other hand, there are concerns about the emergence of impunity practices that could undermine the rule of law and the independence of the judiciary. Therefore, reformulating the concepts of amnesty and abolition within the framework of the state system is a necessity to ensure a balance between state interests and upholding the principles of the rule of law. 
REALIZE NAZHIR PROFESSIONALITY IN MANAGING MORE PRODUCTIVE WAKAF ASSETS Faisal, Faisal; Nursariani, Nursariani
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26571

Abstract

The development of waqf assets cannot be separated from the role of the Waqf Nazhir . Although the Nazhir is not the only party who can determine the success or failure of waqf asset management, the role of the Nazhir is very central in the development of waqf assets.The legality of Nazhir as a party that manages and develops waqf assets has been clearly regulated in Law Number 41 of 2004, Government Regulation Number 42 of 2006 which has been amended to PP No. 25 of 2018, as well as various regulations of the Indonesian Waqf Board / BWI .Although various regulations governing the nazhir (trustee), the expertise of the nazhir remains a crucial issue in waqf management in Indonesia. The professionalism of the nazhir is key to ensuring that waqf assets do not simply languish but grow productively for the benefit of the community. 
IDEAL FORM OF DETERMINATION REGIONAL MEDIUM-TERM DEVELOPMENT PLAN Hsb, Ali Marwan; Irwansyah, Irwansyah
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26572

Abstract

Development plans at the regional level are included in the regional medium-term development plan, which is then stipulated by legislation. However, in terms of regulations, there is dualism in regulations related to regional medium-term development plans, namely Article 19 paragraph (3) of Law Number 25 of 2004 concerning the National Development Planning System stipulated by the Regional Head Regulation and Article 264 paragraph (1) of Law Number 23 of 2014 concerning Regional Government stipulated by the Regional Regulation. This research uses a normative research method with a statute approach. This research shows that in the future, ideally, regional medium-term development plans are stipulated by the Regional Head Regulation because regional medium-term development plans are an elaboration of the regional head's vision and mission and for synchronization with regulations at the central level.
DIGITAL-BASED MONITORING OF THE FULFILLMENT OF VOTING RIGHTS FOR PERSONS WITH DISABILITIES IN THE 2024 MEDAN CITY REGIONAL HEAD ELECTIONS Hadita, Cynthia; Anshari Sibarani, Fauzi; Akbar Simatupang, Rajarif Syah
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26605

Abstract

Fulfillment right choose for person with disabilities disability is an integral part of inclusive democracy , but in practice Still often experience obstacles , good from side accessibility information , infrastructure , and mechanism participation in the political process . Research This leave from problem lack of oversight and transparency in fulfillment right political disability in elections Head of Medan City Region in 2024, where the limitations manual mechanisms often give rise to data bias and potential neglect rights . Purpose study This is analyze effectiveness monitoring digital -based as instrument For ensure participation political disability can protected and guaranteed optimally . Method research used is approach juridical-empirical with technique data collection through studies library , interview with voters disability , organizer elections , as well as observation supported fields utilization application digital monitoring . Research results show that monitoring digital -based capable increase transparency , data accuracy , and give room more participation wide for person with disabilities disability . However Thus , it was found challenge in the form of limitations digital literacy , internet networks , and Not yet integration system digital surveillance with regulations elections . Therefore that , innovation technology need strengthened through policy responsive law for democracy inclusive truly can realized.
FORMULATION AND REFORMULATION OF PUBLIC POLICY (CASE STUDY OF LAW NUMBER 11 OF 2020) Sinaga, Budiman NPD; Hutahaean, Marlan; Hutabarat, Bonita Minarti E.; Pasaribu, Johnson
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26599

Abstract

The stage of formulating policy problems (problem structuring) is important in public policy. To produce new and more effective policies, expanding existing policies is very important. The evaluation must answer the contribution of a series of existing policies to improve the fulfilment of citizens' rights and obligations. This research uses normative research with a statute approach. The formulation of public policies in Law Number 11 of 2020 concerning Job Creation is carried out by the omnibus law method with the characteristics of reformulating, negating, and revoking part or all the other regulations. Public policy in Law Number 11 of 2020 concerning Job Creation must be reformulated because it conflicts with the techniques of drafting applicable laws and regulations as stipulated in various laws and regulations, especially Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. Along with the development of science, the use of new methods in formulating public policies is a necessity and even a necessity. However, the use of the new method needs to be initiated by socialization and regulation in laws and regulations related to public policy formulation. Further research needs to be carried out on the formulation and reformulation of public policies in the regions because regional needs are not necessarily with national needs.
CANCELLATION OF MARRIAGE DUE TO FRAUD RELATED TO DEVIANT SEXUAL ORIENTATION AS REFERRED TO IN THE COMPILATION OF ISLAMIC LAW AND MARRIAGE LAW (DECISION NUMBER 1521/PDT.G/2025/PA.TGRS) Br Lubis, Putri Giofani; Aprilyana Sembiring, Idha; Maharany Barus, Utary
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.27207

Abstract

Marriage is carried out with the aim of building a lasting and harmonious relationship in accordance with applicable laws and religious norms. However, in its development, many marriages have been annulled due to deception by one of the partners regarding their sexual orientation. In principle, Indonesian positive law has regulated the annulment of marriage in Article 27 of the Marriage Law and Article 72 of the Compilation of Islamic Law. An annulment request can be submitted if one of the parties feels confused or has experienced an error regarding the identity of the partner. This research is a normative juridical research with a statutory approach (statute approach), a case approach (case approach) and a conceptual approach (conceptual approach). The results of the study indicate that the judge's consideration of the arguments submitted by the applicant is in accordance with statutory regulations. In the Islamic perspective, an annulment of marriage caused by the inequalities of the partners in fulfilling the requirements and pillars of marriage will be considered invalid; however, a marriage annulled due to deviation remains valid under positive law, according to Article 2 Paragraphs (1) and (2). However, deviation can also be grounds for divorce.
RENEWAL OF THE AUTHORITY OF THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF INDONESIA IN SUPERVISING PUBLIC SERVICES IN INDONESIA Lubis, Junaidi Usman; Nasution, Mirza; Afnila, Afnila
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26952

Abstract

Public services in Indonesia still face various challenges, both at the implementation level and regulatory aspects. One key issue is the weak effectiveness of oversight by the Indonesian Ombudsman regarding maladministration violations. Although Law Number 25 of 2009 concerning Public Services stipulates the Ombudsman's authority to carry out special adjudication as stipulated in Article 50, this provision has not been optimally implemented. As a result, the resolution of maladministration reports still relies on non-binding recommendations , thus creating legal uncertainty and legal disharmony within the public service system. This research uses a normative legal research method with a statutory and comparative legal approach. The study's findings indicate that regulatory weaknesses and the absence of a firm sanction mechanism for public agencies' non-compliance with the Ombudsman's recommendations have hampered the achievement of accountable and equitable public services. Therefore, regulatory reforms are needed to strengthen the Ombudsman's authority, including the implementation of special adjudication, administrative sanctions, social sanctions, and even criminal sanctions to provide legal binding force to recommendations, in order to ensure legal certainty and improve the quality of public service governance in Indonesia.
THE EFFECTIVENESS OF CANCELLING LAND CERTIFICATES THROUGH THE NON-LITIGATION PROCESS Sitanggang, Pardo; Ahmad, Ahmad
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.27206

Abstract

The cancellation of land certificates is an important issue in Indonesia's land system, given the high number of land disputes arising from administrative errors, overlapping rights and abuse of authority. This article examines the effectiveness of non-litigation mechanisms for cancelling certificates by the National Land Agency (BPN) compared with litigation through the courts. The research uses normative legal methods with a statutory and conceptual approach, and examines primary and secondary legal sources. The results of the analysis show that the non-litigation mechanism through the BPN has advantages in terms of time efficiency, cost, and the potential for amicable settlement, especially for administrative cases. However, there are limits to its authority and challenges in maintaining the principle of legality and the protection of community rights. Thus, nonlitigation cancellation of land certificates is effective in administrative contexts, but requires synergy with litigation to resolve complex land conflicts.
INCONSISTENCIES IN THE APPLICATION OF ARTICLE 71 PARAGRAPH (3) OF THE JUVENILE JUSTICE SYSTEM ACT IN CRIMINAL VERDICTS AGAINST CHILDREN: A NORMATIVE REVIEW OF THE KALABAHI, ATAMBUA, AND AMBON DECISIONS Anindita, Raras Natasya; Aprilianda, Nurini; Istiqomah, Milda
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.25580

Abstract

This study examines the implementation of Article 71 paragraph (3) of Law No. 11 of 2012 concerning the Juvenile Justice System (UU SPPA), which regulates the replacement of criminal fines with work training in cases involving juvenile offenders. This provision aims to ensure fairer protection for children through a corrective, recovery oriented approach. The research employs a normative legal method, combining statutory and case based approaches, and analyzes three first instance court decisions from Kalabahi, Atambua, and Ambon. The findings reveal inconsistencies in the application of the provision, as not all verdicts fully adhere to the mandated substitution of fines with work training as stipulated in the UU SPPA. These disparities highlight the need for greater uniformity and comprehension of the applicable norms to guarantee optimal protection of children's rights. Work training should not be viewed merely as an alternative sanction but as a rehabilitative measure aligned with the principles of restorative justice. This study recommends the development of technical guidelines and the strengthening of institutional capacity to support sanctions that uphold child protection and sustainable justice values.

Page 13 of 14 | Total Record : 137

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