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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 145 Documents
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THE ROLE OF THE VILLAGE DELIBERATIVE BODY IN SUPERVISING VILLAGE FINANCIAL MANAGEMENT Sihombing, Eka N.A.M; Darmawansyah Sihombing, Rizky
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.v6i2.27428

Abstract

The implementation of village governance is not solely the responsibility of the village head; the Village Consultative Body (BPD) plays a crucial role in implementing the village governance system. One of the roles or functions of the BPD is to oversee the performance of the village head, which also includes oversight of village financial management. However, this role, when associated with the high rate of corruption committed by village heads, indicates that the BPD has not been performing its oversight function optimally, resulting in continued misappropriation. This study employed a normative juridical method with a statute approach . The results of the discussion indicate that in terms of village financial management, it is more technically regulated in the provisions of the Minister of Home Affairs Regulation No. 20 of 2018 concerning Village Financial Management. Village financial management is carried out based on the principles of openness, accountability, and participation, and is carried out in an orderly and disciplined budget. In addition, in relation to the Village Consultative Body, the BPD can participate in overseeing village financial management, from planning, implementation to accountability reporting. This is a manifestation of the implementation of the principles of openness and participation which are the foundation for village financial management.
LEGAL ANALYSIS OF POST-DISASTERS LANDSLIDE MITIGATION POLICY IN BRUNO, PURWOREJO DISTRICT Dewi, Indah Kusuma; Hardin, Hardin; Santoso, William Adi
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.v6i2.26930

Abstract

This study aims to analyze various obstacles faced in the implementation of post-landslide disaster mitigation in Bruno District, Purworejo Regency. Landslides are disasters that often occur in this area due to the hilly geographical conditions and are prone to landslides, so that they require fast, precise, and sustainable post-disaster handling. This research uses a normative-empirical legal method with a statute approach, case approach, historical approach, and also a sociological approach. The results of the study indicate that the landslide disaster mitigation policy implemented by the BPBD of Purworejo Regency in Bruno District has referred to the provisions of Law Number 24 of 2007 concerning Disaster Management. BPBD has implemented structural mitigation efforts (such as installing early warning systems and mapping vulnerable areas) and non-structural (such as disaster education and formation of volunteers) and there are five main categories of obstacles in the implementation of post-disaster mitigation, namely: institutional obstacles, regulations and planning, resources, socio-cultural, and technical and infrastructure obstacles. Weak coordination between agencies, limited budget and experts, and low community participation are dominant factors that hinder the effectiveness of post-disaster mitigation. Therefore, it is necessary to strengthen institutional capacity, prepare locally-based regulations, and actively involve the community as part of a sustainable mitigation strategy.
BOARD OF DIRECTORS' RESPONSIBILITY FOR DEBT RISK AT PT FIRMAN DIRGANTARA COI Nurhalisa Amelia, Renni; Sulasno, Sulasno
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.v6i2.27208

Abstract

The responsibility of directors for risks arising from the management of accounts receivable and payable is a crucial aspect in maintaining the financial stability and reputation of the company. This study aims to determine the risks and legal responsibilities of directors for negligence or errors in the management of accounts receivable, using a case study of PT. Dirgantara Coi Word. The research method used was qualitative through an empirical legal approach. The results indicate that the responsibilities of directors are regulated by Law Number 40 of 2007 concerning Limited Liability Companies, specifically Articles 97 and 98, and are implementing other regulations. In PT. Firman Dirgantara Coi, it was found that late payments to creditors were caused by negligence in cash flow management and prudent decision-making, as well as bad debts from creditors. However, the directors demonstrated good faith and maintained professional relationships with business partners, so they were not personally liable.
GOVERNMENT RESPONSIBILITY FOR PERSONAL DATA ON THE SATUSEHAT APPLICATION IN INDONESIA Wau, Hilbertus Sumplisius M.; Aspan, Henry; Sumarno, Sumarno
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.v6i2.25374

Abstract

The COVID-19 pandemic in Indonesia represents a crisis that demands swift and effective management. The government is required to take a leading role in breaking the chain of virus transmission. One of the strategies undertaken was the utilization of the SATUSEHAT application. However, the use of this application carries potential risks of personal data breaches, as users are required to submit personal information as a condition for access. Therefore, it is important to conduct a study on the government’s responsibility in safeguarding citizens’ personal data following the implementation of the SATUSEHAT application. This research employs a normative legal method supported by empirical data, using a descriptive-analytical approach, and is grounded in both statutory and case-based legal frameworks. The study relies on secondary data as legal materials, including primary, secondary, and tertiary legal sources, collected through literature study and documentary analysis. The analysis adopts a qualitative research approach to draw final conclusions. This study finds that the government’s responsibility for personal data in the SATUSEHAT application includes the obligation to ensure protection by implementing robust data security systems and conducting data protection impact assessments for each data subject. Moreover, the government is also obliged to terminate the processing of personal data once the intended purpose has been achieved, accompanied by the deletion and destruction of such data. This measure aims to minimize the risk of personal data breaches committed by unauthorized third parties (hackers).
RECONSTRUCTION CONSUMER PROTECTION IN PROPERTY DEVELOPER INSOLVENCY: A COMPARATIVE LEGAL CRITIQUE OF INDONESIA, SINGAPORE, AND AUSTRALIA Maulana, Fadli
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.v6i2.27180

Abstract

Consumer protection in failed property development transactions involving bankrupt developers remains a structural weakness within Indonesia’s legal system. Consumers often face legal and financial burdens, such as ongoing loan obligations, despite project non-performance and lack of priority in bankruptcy proceedings. This study aims to analyze Indonesia’s consumer protection framework in this context using normative-juridical and comparative legal methods, examining best practices from Singapore and Australia. The research finds that Indonesia lacks an integrated regime across contract, consumer, and insolvency law, resulting in fragmented protections and systemic risk to consumers. By contrast, Singapore mandates escrow accounts and standardized sale contracts, while Australia imposes statutory trust accounts, home warranty insurance, and enforceable certification and inspection schemes. Furthermore, both jurisdictions provide institutional redress mechanisms, including tribunals with binding adjudicative authority. The study also highlights actual cases, including the Porter Davis insolvency response and QCAT decisions, that demonstrate the efficacy of coordinated regulatory and adjudicative frameworks. The findings suggest that Indonesia must adopt structural legal reforms, including escrow mandates, recognition of consumers as preferential creditors, and enhanced supervisory institutions. This research is useful for legislators, regulators, and scholars seeking to construct a more equitable, accountable, and resilient consumer protection system in Indonesia’s property sector. 
THE DILEMMA OF ENFORCEMENT OF JUSTICE REHABILITATION FOR DRUG ABUSERS: A STUDY OF PRACTICES AND REGULATIONS Agus Darmawan, M. Dandi; Josias Simon Runturambi, Arthur; Iskandar, Anang
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.v6i2.27429

Abstract

Law enforcement against drug abusers in Indonesia has tended to be oriented towards a repressive and punitive approach. This approach prioritizes imprisonment as the primary solution, without clearly distinguishing between pure criminals and drug abuse victims who actually need rehabilitation. As a result, correctional institutions are filled with drug users with high recidivism rates, while the goals of social recovery and public health are often neglected. This research is a normative juridical study with a statute approach. The results of the discussion indicate that although the rehabilitation justice approach aims to rehabilitate users and restore social relationships, its implementation is often hampered by a legal paradigm that still prioritizes the deterrent effect, limited understanding among law enforcement officials, a lack of rehabilitation facilities, public stigma, and weak coordination between relevant agencies. To strengthen the implementation of rehabilitation justice for drug abusers in Indonesia, it is necessary to improve understanding and training for law enforcement officials, strengthen coordination between relevant agencies, and expand rehabilitation facilities equitably, including the development of community-based programs. 
CONTRACT LAW AND THE LIVING ENVIRONMENT: CONTRACTUAL LIABILITY IN SUSTAINABLE DEVELOPMENT Dwitanto, Hendri; Natsir, Muhammad; Nasution, Fahman Urdawi
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.v6i2.26363

Abstract

Sustainable development in coastal areas requires effective legal instruments to ensure environmental responsibility in every development activity. This research analyzes the role of contract law as an enforcement instrument of contractual responsibility in the sustainable development in Indonesia's coastal areas. The purpose of this study is to examine the legal foundation of contractual responsibility in coastal development contracts, analyze the implementation of environmental clauses in development contracts, and formulate an ideal legal framework to strengthen contractual responsibility in sustainable development. The research method uses a normative juridical approach with an analysis of legislation, academic journals, and related legal literature. The results indicate that the legal basis for contractual liability is provided through Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 1 of 2014 on Amendments to Law Number 27 of 2007 on Coastal and Small Islands Management. However, its implementation is still hindered by weak oversight mechanisms and law enforcement. The conclusion of the research suggests that contract law plays a strategic role in achieving sustainable development through environmental clauses that legally bind the parties, but there is a need for strengthening institutions and oversight mechanisms to ensure effective implementation in the society.
ANALYSIS OF CRIME OF AGGRESSION IN 2026 UNITED STATES AND ISRAEL MILITARY STRIKES AGAINST IRAN Dhuha Al Qodri; Harisman Harisman
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.30379

Abstract

Although the prohibition on the use of force has been established in international law, contemporary armed conflicts continue to challenge its application, particularly regarding aggression. This study aims to analyze the qualification of the 2026 military strikes by the United States and Israel against Iran as a crime of aggression under the Rome Statute of the International Criminal Court (ICC), and to examine the use of self-defense and its implications for international law enforcement. The research employs a normative juridical method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that the military action fulfills the elements of the crime of aggression due to absence of United Nations Security Council authorization and lack of a valid self-defense justification. Furthermore, the study reveals that the expansion of self-defense, particularly preventive self-defense, poses a serious threat to international legal norms. The limitation of ICC jurisdiction weakens enforcement of international criminal law against powerful states. This study concludes that strengthening legal frameworks is essential to ensure accountability. It is recommended that international legal mechanisms be reformed to enhance consistency and fairness in addressing acts of aggression.
LEGAL PROTECTION FOR BPJS INPATIENTS DUE TO LIMITED HOSPITAL SPACE Efrysa Frijon Hutagaol; Andi Maysarah; Dian Hardian Silalahi
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31052

Abstract

Access to healthcare is a constitutional right of citizens guaranteed by law. However, in practice, inpatients participating in the National Health Insurance (BPJS Kesehatan) are still frequently denied referrals by hospitals due to limited inpatient room capacity. This study aims to analyze the legal provisions related to the rights of BPJS Kesehatan patients, examine the legal responsibilities of hospitals and BPJS Kesehatan, and identify forms of legal protection for patients who experience referral denials. This study uses a normative legal method with a statutory and conceptual approach, through a qualitative analysis of secondary legal materials. The results show that denials of inpatient referrals due to limited capacity, without providing alternative referrals, contradict the hospital's obligation to provide healthcare services and its social function as stipulated in the Health Law and related regulations. Legal responsibility for such denials lies with the hospital due to negligence in providing services, and with BPJS Kesehatan due to its weak supervisory function over the referral system. Legal protection for patients includes preventive measures in the form of transparency of bed availability information and integration of hospital information systems, as well as repressive measures in the form of administrative sanctions and civil lawsuits. This study concludes that despite the existence of a regulatory framework, weak law enforcement has resulted in suboptimal protection of patient rights. Therefore, strengthened oversight, real-time integration of hospital management systems, and the implementation of strict sanctions are needed to ensure legal certainty for BPJS Kesehatan participants.
LEGAL ANALYSIS OF THE APPLICATION OF ALTERNATIVE CHARGES IN SEXUAL VIOLENCE CASES FOLLOWING THE ENACTMENT OF THE TPKS LAW (Study of Decision Number 99/Pid.Sus/2024/PN Lubuk Pakam) Ferry Wira Padang; Andi Maysarah; Dian Hardian Silalahi
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31053

Abstract

The enactment of Law Number 12 of 2022 (UU TPKS) creates a legal intersection with the Criminal Code (KUHP) in prosecuting sexual violence, necessitating strategic alternative indictments. This research analyzes the juridical application of alternative charges in Decision Number 99/Pid.Sus/2024/PN Lubuk Pakam to determine the validity of applying the KUHP after the enforcement of UU TPKS. Utilizing a normative juridical method with a case study approach, this study evaluates the judge's considerations regarding the lex specialis derogat legi generali principle. The discussion reveals that while the Public Prosecutor presented alternative charges combining Article 285 KUHP and Article 6 of UU TPKS, the Panel of Judges prioritized the KUHP indictment. This decision was grounded in the specific facts the use of a sharp weapon and physical force which aligned more precisely with the element of violence in the KUHP rather than the abuse of authority emphasized in the UU TPKS. The analysis confirms that enforcing general law is legally justified when factual violence outweighs relational exploitation. The conclusion asserts that the 12-year imprisonment satisfies the sense of justice. It is suggested that law enforcers maintain flexibility in selecting articles that best represent the modus operandi to ensure effective prosecution.

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