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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 126 Documents
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Fifth Amendment Consolidation Of The 1945 Constitution Of The Republic Of Indonesia Ansor Ansor
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4286

Abstract

Consolidation is an action taken to strengthen, unite and strengthen the relationship of national unity and unity if it is associated with the fifth amendment of the 1945 Constitution of the Republic of Indonesia. The question that the author discusses in this study first is the desire of the authorities to make the fifth amendment to the 1945 Constitution of the Republic of Indonesia through consolidation? As for the conclusion of this study that in the framework of the Consolidation of the Fifth Amendment of the 1945 Constitution of the Republic of Indonesia will bring the Indonesian people to a better and orderly future and there will be no more cracks and consolidation will be realized in accordance with the rules of developed and modern countries such as the United States of America as a comparison. The method used in this study is a normative juridical legal research method. The fifth amendment is able to be the basis of national consolidation, because the state actors agree that the 1945 Constitution of the State of the Republic of Indonesia is used as the Grund Norm, will be able to bring prosperity to the nation and state, with this fifth amendment able to bring and develop an Indonesian state that consists of various kinds ethnicity, religion, race and culture.Keywords: Consolidation , Amendment, Constitution, Presidential System.
LEGAL ANALYSIS ON THE IMPLEMENTATION OF CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY BY REGIONAL GOVERNMENTS Roman Situngkir
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5059

Abstract

In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations.Referring to this provision, this authority is the authority of the central government.However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields.So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions.The research method used is normative juridical legal research.The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government.However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government.Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations.Keywords: Responsibility, Social, Company, Local Government.In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations.Referring to this provision, this authority is the authority of the central government.However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields.So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions.The research method used is normative juridical legal research.The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government.However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government.Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations.Keywords: Responsibility, Social, Company, Local Government.
Pandemi As A Reason Force Majeure In Contract Procurement Of Goods / Government Services Fitri Yanni Dewi Siregar
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4646

Abstract

Procurement of goods and services is an effort to obtain the desired goods and services by doing it on the basis of logical and systematic thinking (the system of thought), following applicable norms and ethics, based on standard procurement methods and processes.However, when a pandemic event occurs, many activities of every person and institution related to the procurement of goods / services become impeded.The occurrence of the Covid-19 pandemic required the state to prioritize the safety of the population, and therefore it was necessary to provide sufficient budget.This is what causes a "budget shift" which then makes the budget for procurement of goods / services significantly reduced, or even no more.Presence of Presidential Decree No.12 of 2020concerning theDetermination of Non-Disaster Spread of Corona Virus Disease 2019 (Covid-19) was not intended to make Covid-19 as a direct reason to cancel the contract.This becomes the reason and entrance for renegotiation with the reason thatforce majeurecan certainly be based on Pasal 1244, Pasal 1245, and especially Pasal 1338 of the Civil Code.The legal effect of the presence of Presidential Decree on the Establishment of non-natural disasters Spreading Corona Virus Disease 2019 (Covid-19) against the contract goods / services procurement of government issepanjang condition offorce majeureare met,the KDP has a legitimate basis in stopping the process of selection and contracting process based on propriety and justice and the principle of budget availability.Keywords:Force Majeure,Procurement Contract.
LEGAL POLITICS OF DEVELOPMENT AND INDUSTRIAL EMPOWERMENT LAW IN INDONESIA Ahmad Ahmad
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5196

Abstract

Industrialization is an economic activity that processes raw materials or utilizes industrial resources to produce goods that have high values or benefits to the community and include industrial services. Industrial Law regulates all industrial activities that provide protection, guarantees and benefits for industrial activities by regulating the direction of development policies and industrial empowerment in realizing the greatest prosperity for the community. The research method used in this study was normative legal research with a descriptive analysis approach. The results showed that industrial law aimed at forming a just and prosperous national economic structure through setting the direction of development policies and empowering industries in the small and medium industry, green industries, strategic industries, and the use of domestic products and international cooperation.
The Crime Of Money Laundering With The Origin Criminal Action Of Drug Trafficking In Supreme Court Decision No. 1303 K / Pid. Sus / 2013 Juncto High Court Decision No. 700 / Pid / 2012 / Pt.Mdn Juncto Medan District Court Decision No.1234 / Pid.B / 2012 Ferdy Syahputra
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4287

Abstract

Pencucian uang or in English is called money laundering is not only threatening the economic stability and integrity of the financial system, but also harm the joints of the life of society, nation, and state based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 Money laundering is done is to disguise the proceeds of crime. In this case, will be appointed on the crime of narcotics and drugs. This research uses a normative juridical research with descriptive analysis. The type of data used is secondary data sourced from primary, secondary and tertiary legal materials. Secondary data were collected by library research techniques. Next, the data is analyzed using qualitative analysis methods. Mode of crime in the banking sector, in this case, use money transfer services Money Changer (money changers). Predicate crime (crimes origin) it is a criminal offense drug, namely methamphetamine. Methamphetamine trade is carried out between cross country, namely between Malaysia and Indonesia.Keywords : Money, Laundering, Predicate, Crime, Narcotics.
PRE-MARRIED EDUCATION URGENTION AS AN EFFORT TO PREPARE WIFE HUSBANDS FOR MARRIAGE Abdul Hadi Ismail
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5084

Abstract

The birth of BP4 was motivated by the high divorce rate, rampant child marriage and unhealthy polygamy.Over time, one of BP4's duties is to organize pre-marriage courses, as an effort to create asakinahhousehold, mawaddah wa rahmah.BP4 in its duties conducts pre-marital courses, provides material related to understanding marriage and domestic life, maintains good communication between prospective married couples, provides procedures for resolving conflicts in the household.Based on these conditions, BP4 has a heavy duty, function and role.This means that the good and bad of a marriage also depends on the functioning and role of the BP4.Keyword: Education, Pre-marriage, Husband and Wife, Marriage
Proof Of Grant That Violates Legitieme Portie According To Civil Code Mahalia Nola Pohan, Nita Nilan Sry Rezki Pulungan
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4647

Abstract

Grantas mentioned in Article 1666 of the Civil Code, is"Something of agreement with which the donor in his lifetime, with Free and irrevocably, surrender an object for the needs of the recipient of the grant receiving the surrender.But in practice, the grantoroften gives his assets more than his wealth, or exceeds the port specified by the Law, so that inheritance disputes arise by heirs.To prove a grant made by the testator had violatedlegitieme portieor not is todetermine the overall numberboedelinheritance, thenwillbe calculatedlegitieme portieit.This paperwilldiscuss proof of legitimie portie grant violations committed by the testator and efforts to protect the rights of heirs in the grant so that they do not violate the Civil Code.This paper is conducted using normative juridical research methods or library law research, the method or method used in legal research conducted by examining existing library materials.Prove that a grant made by the testator had violatedlegitieme portieis todetermine the overall numberboedelinheritance, and then countedlegitieme portieit, after it was discovered the magnitude oflegitieme portiethen be seen how much the remaining estate after the grant implemented.Keywords:Proof, Legitieme Portie, Grant.
Institutional Function Regional Finances In Managing Regional Assets In Indonesia Nurmalawaty Nurmalawaty
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4303

Abstract

Regional autonomy as the beginning of decentralization has the urgency to be implemented for the progress of the State. Regional financial institutions often occur collusion triangles with regional heads so that they do not guarantee the implementation of good regional government because of the management of sub-optimal regional assets. The need for maximizing the functions of regional institutions so that regional assets can be managed for regional progress evenly. The absence of special regulations regarding the management of regional finance is a problem because it still uses state financial laws so that the recommendations that the authors recommend in the form of optimizing regional financial institutions in managing regional assets and the existence of special regulations that regulate in detail the management of regional assets. The method used in this study is a normative juridical legal research method.Keywords: Institutional Function, Regional Finances, Regional Assets
IMPLEMENTATION OF ISSUANCE OF BIRTHDATES OF CHILDREN OUT OF MARRIED AS CIVIL RIGHTS IN THE DEPARTMENT OF POPULATION AND CIVIL REGISTRATION OF MEDAN CITY Maria Rosalina, Nur Aisyah Fitri
NOMOI Law Review Vol 1, No 2 (2020): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i2.5107

Abstract

The management of birth certificates for legitimate children and children outside of marriage, at the Medan City Civil Registry Service is divided into 2 (two), namely birth certificates based on the age of birth from 0 to 60 days of age and 60 days of age and above.The procedure and terms of the birth certificate legitimate child ismengisi form and attach a photocopyof ID card of parents,family card,birth certificate,marriage certificate (Akt,amarriage),KTP witnessesandto children outside the mating plus a statement of absolute liabilityon the truth of pahusband and wife and the correctness of birth data.The implementation of the requirements and procedures for issuing birth certificates for children outside of wedlock, if linked to theimplementationtheoryof thecontent of policyput forward by Merilee S. Grindle, and connected with the theory of human rights, namely thepositivist theory, is already dilaksanakan.Hambatanissuance of birth certificates of children outside the mating according to respondents in Dukcapil no barriers, but by the community respondents had hambatan.Mengatasi constraints, Department of Population and Civil Registration Medan city has a network of interneton linethat mostlinksinthe whole Indonesia, and put upan information board.The conclusion is that the procedures and requirements for the issuance ofbirth certificates for legitimate and unmarried children as civil rights of childrenat the Medan City Civil Registry Officehave beencarried out in accordance with the Child Protection Law, Population Administration Law,Presidential Decree No.12 of 1983, andPerpres No.96 of 2018.Suggestions for thegovernment should be to implement a policy not to charge fees and to simplify services in the management and issuance of birth certificates for children, especially children outside of wedlock, so that the civil rights of children outside of marriage to have birth certificates can be fulfilled.Keyword:Birth Certificates Excluding Married Children,Office of Population and Civil Registration Medan
Extension Of The Constitutional Court Authority In The Dissolution Of Corrupted Political Parties Abdul Hakim Siagian
NOMOI Law Review Vol 1, No 1 (2020): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v1i1.4289

Abstract

After the amendment of the Constitutionof the Unitary State of the Republic of Indonesia in 1945 changed the constitutional system in Indonesia, since the birth of the Constitutional Court of the Republic of Indonesia which was authorized to adjudicate the dissolution of political parties up to now has never been done by the Constitutional Court, the debate over the dissolution of political parties is also seen as a violation of the rights of political parties. Human rights as the right to assemble and associate, the state administration thought continues to develop about the dissolution of corrupt political parties by giving authority to the Constitutional Court.This research was conducted with normative legal research whose data is sourced from secondary data and since this research data is secondary data, it is included in the type of normative legal research.The nature of this research is descriptive, which aims to provide an overview of social phenomena about the expansion of the authority of the Constitutional Court in the Disbanding of a Corrupt Political Party.Sources of research data in the form of primary legal materials, secondary legal materials and tertiary legal materials.The method of data collection is done using document study techniques, which are analyzed using qualitative analysis techniques.Keywords:Constitutional Court, Disbandment of Political Parties, Corrupt Party.

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