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Contact Name
Eka NAM
Contact Email
nomoilawrwview@gmail.com
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Editorial Address
http://jurnal.umsu.ac.id/index.php/nomoi/about/editorialTeam
Location
Kota medan,
Sumatera utara
INDONESIA
NOMOI Law Review
ISSN : -     EISSN : 27223663     DOI : -
Core Subject : Social,
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
THE NATURE OF EXECUTIVE POWER AND THE ONTOLOGICAL DILEMMA OF POLICE INDEPENDENCE IN THE INDONESIAN CONSTITUTIONAL SYSTEM Ardin Firanata
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.v7i1.29947

Abstract

This study examines the nature of executive power and the ontological dilemma concerning the independence of the Indonesian National Police (Polri) within the Indonesian constitutional system. Unlike previous studies that generally position Polri merely as a normative component of the executive branch, this research specifically analyzes the tension between Polri’s institutional placement under the President and the demand for independence in carrying out its law enforcement functions. The main issue addressed in this study is the ontological ambiguity regarding the position of Polri, whether it should be understood as a hierarchical executive organ or as a law enforcement institution that must be free from political interference. This research employs a normative juridical method with statutory and conceptual approaches, supported by the analysis of legal doctrines. The analysis focuses on the authority relationship between the President and Polri, the concept of independence in law enforcement, and its implications for the principle of the rule of law (rechtstaat). The findings indicate that constitutionally Polri falls within the scope of executive power, yet functionally it is required to maintain independence in performing its law enforcement duties. This condition creates an ontological dilemma, as Polri is structurally subordinate to the executive branch while simultaneously expected to uphold neutrality and professionalism. This study emphasizes the importance of clearly defining the boundaries between structural subordination and functional independence, in order to prevent undue political interference in law enforcement while ensuring accountability within a democratic system.
RESTORATIVE JUSTICE AND FULFILLMENT OF VICTIMS' RIGHTS IN HANDLING DOMESTIC VIOLENCE CASES (Study at the Deli Serdang District Attorney's Office) Veryanto Sitohang; 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.v7i1.31054

Abstract

Domestic violence cases present a complex legal challenge where rigid retributive punishment often exacerbates the economic vulnerability of victims. This study aims to evaluate the implementation of restorative justice at the Deli Serdang District Attorney's Office and its effectiveness in ensuring the fulfillment of victims' rights. Employing an empirical juridical method through interviews and case analysis, this research assesses the application of Prosecutor’s Regulation Number 15 of 2020. The results demonstrate that the prosecutor's office successfully utilizes mediation to secure immediate economic restitution and preserve family unity, offering a superior pragmatic alternative to incarceration. However, the analysis reveals a critical deficiency: the current practice prioritizes material compensation and administrative efficiency, frequently overlooking long-term psychological recovery and safety guarantees due to the absence of mandatory professional risk assessments. The study concludes that while beneficial for economic stability, the current mechanism requires refinement. Consequently, it suggests an ideal model integrating psychosocial evaluations and strict post-agreement monitoring to ensure substantive justice and genuine protection.
LEGAL PROTECTION POLICY FOR VICTIMS OF ONLINE FRAUD IN LANGSA CITY Azmi Saputra; Azmiati Zuliah; Andi Maysarah
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.v7i1.31050

Abstract

The rapid advancement of digital technology has precipitated a surge in online fraud, necessitating robust legal mechanisms to protect vulnerable consumers. This research aims to analyze the regulatory framework governing legal protection for fraud victims in Indonesia and evaluate its implementation by law enforcement in Langsa City. Employing an empirical juridical method, this study utilizes data from interviews with police officials and victims to assess the discrepancy between normative laws and empirical reality. The discussion reveals that while the Criminal Code and ITE Law provide a normative foundation, practical application is obstructed by structural barriers, including inadequate digital forensic infrastructure, limited human resource capacity, and the cross-jurisdictional nature of cybercrime. Consequently, the restitution of victims' financial losses remains difficult to achieve despite the use of restorative justice mechanisms. The study concludes that legal protection in Langsa City is currently suboptimal due to these technical and resource limitations. It is suggested that law enforcement agencies enhance their technical capacity and cross-sectoral coordination, while simultaneously promoting public digital literacy to create a more resilient and just digital ecosystem.
THE EFFECTIVENESS OF IMPLEMENTING RESTORATIVE JUSTICE TOWARDS CHILDREN AS PERPETRATORS OF BULLYING CRIMINAL ACTS AT PONTIANAK CITY POLICE OFFICE Herlina Herlina; Plasma Versiana Mukti; Mega Fitri Hertini
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.v7i1.31055

Abstract

Bullying cases involving children, both as victims and perpetrators, occur relatively every year in Pontianak. This phenomenon raises concerns regarding the long-term impact on children's psychological and social development. Therefore, this study aims to analyze the effectiveness of the implementation of Restorative Justice against children as perpetrators of bullying crimes at the Pontianak City Resort Police and to identify the obstacles are faced by the Pontianak City Resort Police in the implementation of Restorative Justice against children as perpetrators of bullying crimes. The research method used is sociological juridical with an analytical descriptive approach. The data was obtained through in-depth interviews with police officers, the Pontianak City Child Protection Commission (KPAD), and related parties, and analyzed qualitatively and quantitatively. The research results show that the implementation of Restorative Justice at the Pontianak City Resort Police has been effective, marked by deliberations between the perpetrators, victims, and families to find the best solutions without formal judicial processes. The obstacles in the implementation of Restorative Justice were found in the difficulty of reaching agreements regarding compensation between the victim and the perpetrator. This research has a positive impact in the form of increasing public awareness and law enforcement officials regarding the importance of victim recovery and social reintegration of child perpetrators. Therefore, it is recommended to increase cross-sector cooperation to strengthen the implementation of Restorative Justice in child protection efforts in Pontianak City. 
DETERMINATION OF SUSPECTS IN CORRUPTION CRIMES BY POLICE INVESTIGATORS FROM A DUE PROCESS OF LAW PERSPECTIVE Basar Achmad S Purba; 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.v7i1.31051

Abstract

The extensive authority of Police investigators in determining suspects of corruption crimes often intersects with issues of arbitrariness and fundamental human rights protection. This study aims to analyze the reconstruction of suspect determination procedures based on Law Number 20 of 2025 and its juridical implications. As a theoretical and practical reference for legal practitioners, this research underscores the urgency of procedural compliance to ensure legal certainty. Employing normative legal research with statute and conceptual approaches , the discussion highlights a paradigm shift from broad discretion to mandatory scientific evidence, specifically requiring definitive state loss audits and "Special Case Exposure" involving external experts. The analysis confirms that the validity of suspect determination strictly depends on these limitative boundaries. The conclusion asserts that any violation constitutes an excess of power, rendering the suspect status null and void and the evidence invalid (fruit of the poisonous tree). Consequently, this research suggests that law enforcement must strictly adhere to these procedural safeguards to uphold the supremacy of due process in corruption eradication.