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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 156 Documents
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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
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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
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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
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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.
LEGAL ANALYSIS OF ISLAMIC COMMERCIAL LAW ON THE PRACTICE OF EXPLOITING MARINE RESOURCES IN COASTAL AREAS (A STUDY OF MUAMALAH JURISPRUDENCE AND ECOLOGICAL ETHICS) Fahman Urdawi Nasution; Muhammad Natsir; Hendri Dwitanto
NOMOI Law Review Vol 7, No 1 (2026): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.30369

Abstract

This research analyzes the practices of marine resource exploitation in the coastal area of East Aceh from the perspective of Islamic commercial law, focusing on a review of fiqh muamalah and ecological ethics. East Aceh, as a coastal area with significant marine potential, faces various problems of excessive exploitation such as the use of trawl nets, overfishing, and degradation of mangrove ecosystems. This study aims to assess the conformity of marine resource management practices with the principles of Islamic law, analyze the impact of excessive exploitation on maqashid sharia, and formulate a sustainable management framework based on Islamic values. The research method used is qualitative with a library research approach, analyzing Islamic legal literature, scientific journals, and related policy documents. The research findings indicate that the practice of exploiting marine resources in East Aceh contradicts the principles of fiqh muamalah such as la darar wa la dirar (not causing harm), the prohibition of israf (wastefulness), and the concept of amanah in resource management. From the perspective of Islamic ecological ethics, these practices violate the principle of mizan (balance), hifz al-bi'ah (environmental preservation) as part of maqashid sharia, as well as the responsibility of khalifah fi al-ardh. The conclusion of the research emphasizes the need for a transformation in the management of marine resources that integrates the principles of Islamic law with sustainable practices, through the application of a sharia economic system, the development of a halal value chain, and strengthening the role of Islamic institutions in education and supervision.
ANALYSIS OF CRIMINAL LIABILITY FOR THE CRIMINAL ACTS OF USING FORGED LETTERS AND THE CRIMINAL ACTS OF MONEY LAUNDERING (Study of Judge's Decision Number 432/Pid.B/2021/PN. Jkt. Sel.) Muhammad Luthfi Seviansyah; Nurmalawati -; Marlina -
NOMOI Law Review Vol 7, No 1 (2026): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31194

Abstract

A deed of sale and purchase of land is a legal document that evidences the transfer of ownership rights from the previous owner to the new owner, executed by a Land Deed Official (PPAT) or a notary. Such deeds are not immune from forgery, often committed for personal gain and to the detriment of others. In committing criminal offenses, perpetrators frequently act with the intention of obtaining financial benefit. These illicit gains may be subsequently disguised through acts of money laundering, as occurred in the case reviewed in Court Decision Number 432/Pid.B/2021/PN Jkt. Cell. This thesis addresses the legal regulation of the offense of document forgery, the legal regulation of money laundering offences, and the criminal liability of offenders who use forged deeds of sale and purchase of land and engage in money laundering. The method employed in this research is normative legal research, applying a qualitative approach, with data collected through a literature study. Based on the findings, the offense of document forgery and the use of forged documents is regulated under Articles 263 and 264 of the Indonesian Penal Code (Criminal Code, KUHP), while under Law No. 1 of 2023, these offenses are governed by Articles 391 and 392. The offense of money laundering is regulated under Article 3 of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, and under Law No. 1 of 2023, it is governed by Articles 607 and 608. In the application of criminal sanctions in Decision Number 432/Pid.B/2021/PN Jkt. Sel., the judge referred to Article 263 paragraph (2) concerning the use of forged documents in conjunction with Article 55 paragraph (1) point 1 of the Penal Code, as well as Article 3 of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering in conjunction with Article 55 paragraph (1) point 1 of the Penal Code
CRIMINAL LIABILITY IN PROTECTED WILDLIFE SMUGGLING:" "JURIDICAL ANALYSIS OF DECISION NUMBER 106/PID.SUS/2024/PN.TJB Maulida Agusdila Rosa Sitorus Pane
NOMOI Law Review Vol 7, No 1 (2026): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.30370

Abstract

Wildlife protection is a crucial aspect of preserving Indonesia's biodiversity, yet increasingly widespread smuggling practices pose a serious threat to protected species survival. This study analyzes criminal liability in the case of pangolin scale smuggling via KM. Fajar 99, adjudicated in Decision No. 106/Pid.Sus/2024/PN.Tjb. Using normative legal research with case, statutory, and conceptual approaches, findings indicate that the judge prioritized substantive justice, determining that the ship master (Syamsir) lacked criminal intent as he merely performed navigational duties based on official documents. Legal responsibility should instead be directed at the exporter (CV. Pribumi Bersatu) and shipping company (PT. Melda Jaya) as the principal actors, and Customs for failing to conduct mandatory boatzoeking inspections. This study recommends applying corporate criminal liability, strengthening Customs inspection mechanisms, and enhancing inter-agency coordination.
BREACH OF PERFORMANCE IN PHOTOGRAPHY SERVICES: THE CLIENT DOES NOT PAY THE FEES AGREED IN THE CONTRACT BASED ON THE CIVIL CODE AND LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION Syafrizal Syafrizal; Azmiati Zuliah; Andi Maysarah
NOMOI Law Review Vol 7, No 1 (2026): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.28581

Abstract

This article examines the legal consequences of non-payment in photography service agreements in accordance with the Indonesian Civil Code (KUHPerdata) and the Consumer Protection Law (UU No. 8/1999). The objective of this study is to examine different legislative frameworks that safeguard photographers against client non-payment and to evaluate the effectiveness of legal remedies in resolving these disputes. The research employed a qualitative methodology, collecting data through semi-structured interviews with attorneys, photographers, and clients, in addition to analyzing documents such as contracts, judicial decisions, and relevant statutes. The discussion pertains to the concept of "wanprestasi," which signifies the breach of a contract, as outlined in KUHPerdata. It also discusses how the Consumer Protection Law safeguards individuals against fraudulent corporate conduct. The study concludes that both the Civil Code and the Consumer Protection Law serve as essential safeguards for photographers, as they provide legal mechanisms to enforce contracts and obtain compensation for damages. Mediation and arbitration are also two alternative methods recommended for efficiently and cost-effectively resolving payment disputes. The paper emphasizes the significance of incorporating legal protections and dispute resolution mechanisms within photography contracts to ensure that services are compensated equitably and punctually.
RESTORATIVE JUSTICE AS AN ALTERNATIVE APPROACH TO PROTECTING CHILDREN IN CONFLICT WITH THE LAW Rajarif Syah Akbar Simatupang
NOMOI Law Review Vol 7, No 1 (2026): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.30477

Abstract

This study aims to analyze the regulation and implementation of restorative justice in protecting children in conflict with the law in Indonesia, and to identify gaps between legal norms and practice in the field. The method used is a normative juridical approach with a statutory and conceptual approach, supported by an analysis of the empirical practice of diversion implementation. The results of the study indicate that restorative justice has been normatively accommodated in the juvenile criminal justice system, particularly through the diversion mechanism, which must be pursued at every stage of the judicial process. This approach reflects a paradigm shift from retributive justice to restorative justice, which emphasizes recovery, perpetrator responsibility, and victim and community participation. However, its implementation still faces various obstacles, including regulatory disharmony, inconsistent implementation among law enforcement agencies, limited human resource capacity, and a lack of supporting infrastructure. Furthermore, the dominance of a retributive legal culture and suboptimal protection for victims also weaken the effectiveness of this approach. Nevertheless, the practice of diversion demonstrates that restorative justice has significant potential in realizing a more humane and equitable juvenile criminal justice system. Therefore, comprehensive efforts are needed to optimize its sustainable implementation.

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