NOMOI Law Review
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)
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126 Documents
<![CDATA[IMPLEMENTATION OF HUMAN RIGHTS PARAMETERS IN THE ESTABLISHMENT OF REGIONAL REGULATIONS IN TOBA SAMOSIR REGENCY ]]>
<![CDATA[Yuli Rosdiana]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6738
<![CDATA[The importance of guidance for human rights material as the reference in regulating and limiting human rights in legislation, especially Regional Regulation is the values of human rights to be realized by the involvement and intervention of government/local governments in the form of regulations. The research method used in this writing is normative legal research method with empirical data. The main data in this research is secondary data. There are 3 (three) Regulations of the Regency of Toba Samosir that optimally accommodate the parameters of human rights in making the Regional Regulation. However, there is 1 (one) Regional Regulation that has 2 (two) indicators of parameters of human rights that have yet to be fulfilled. Suggestively, the Government to make a special regulation related to The Parameters of Human Rights in Regional Regulation Making that will be guidance for Provincial/Regency/Municipal Governments in making their Regional Regulations, so that they will be more measured in viewing Human Rights and it is also suggested for the Government of Regency of Toba Samosir in accommodating implemented parameters of human rights in making the Regional Regulations by involving the Regional Office of the Ministry of Law and Human Rights both in the harmonization, discussion and finalization of conception of the Draft Regional Regulation.Keywords: Parameters, Human Rights, Regional Regulation.]]>
<![CDATA[OVERSIGHT OF THE JUDICIAL AGENCY BY THE JUDICIAL COMMISSION ]]>
<![CDATA[Surya Ananda]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6532
<![CDATA[The 1945 Constitution of the Republic of Indonesiaregulates theexistence of the Judicial Commission,the Judicial Commissionhas the authority regulated in the 1945 Constitution Article 24B paragraph (1) which states that the Judicial Commission has the authority to propose the appointment of supreme justices and has other powers in order to protect and upholding the honor, dignity and behavior of judges.The researchuses normative legal researchbyusing akind of normative juridical approach. Based on the results of this study it is understood that the legal arrangements regarding the authority of the judicial commission in the perspective of enforcing the code of ethics in the judiciary have not fully provided enforcement of violations of the code of ethics and guidelines for judges' behavior to the Judicial Commission.Because the decision issued by the Judicial Commission itself is still a recommendation, which means that it must be discussed jointly by the Supreme Court in determining and imposing sanctions on judges who are proven to have violated the code of ethics and code of conduct of judges.Keywords:Supervision, Judges, Judiciary, and Judicial Commission]]>
<![CDATA[LEGAL ASPECTS OF PROTECTION OF CHILDREN AND WOMEN VICTIMS OF CRIME IN INDONESIA ]]>
<![CDATA[Yusrizal Yusrizal]]>;
<![CDATA[Budi Bahreisy]]>;
<![CDATA[Ferdy Saputra]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6617
<![CDATA[The protection of victims of crime in the Indonesian legal system has not received serious attention. This can be seen from the reality of enforcement is still at least the fulfillment of the rights of victims of crime. The imbalance of protection of victims of crime with perpetrators of crimes is basically one of the denials of the principle that every citizen has a common position in law and justice. The purpose of this writing is to find out the still unfulfilled rights of victims of crime, especially the rights of children and women. Research method used is normative juridical approach is an approach that is done based on the main legal material by studying theories, concepts, legal principles and laws and regulations related to this writing. Looking at the position of the victim there is actually no detailed provision on the form of victim protection so as to cause an imbalance in the legal gap between the victim and the perpetrator of the crime that will ultimately lead to injustice. Therefore, the government and legislature need to reformulate and draft legislation that specifically regulates the protection of victims of crime, in which will be regulated in terms of comprehensive protection of victims of crime, such as physical, financial, psychic, and medical protection.Keywords: Legal Protection. Victims, Children and Women]]>
<![CDATA[DYNAMICS OF ELECTRIC ENERGY POLICY THE COAL SECTOR IN INDONESIA: ANOMALY OR EXCEPTION? ]]>
<![CDATA[Andreas Tedy Mulyono]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6476
<![CDATA[The dynamics of coal primary energy policy in Indonesia are still relevant to observe. On the one hand, coal commodity is a counter discourse in the mainstreem of green energy. On the other hand, the issue of the national electricity-energy crisis occurs due to obstruction of the primary energy supply chain. These two things are the challenge to the paradigm of energy resources as a capital for national development. Therefore, the issue of policy change in this case always needs to be studied. Analysis using normative juridical methods; in general related to the national energy policy and specifically on regulating coal mining to meet PLN's needs. The conclusion is that the prevailing laws and regulations have mandated the policy of national energy security. However, local utilization of coal needs to be regulated in a harmonious, transparent, and independent manner. The transparency and independence of coal primary energy development policies can be seen as an anomaly of the universal-global green energy paradigm. At least this is a temporary exception for Indonesia. Ensuring meeting our local's energy needs should be a priority for the next few decades.Keywords: Energy Policy, Coal Sector, Anomaly, Exception.]]>
<![CDATA[LAW ENFORCEMENT IN THE DEVELOPMENT CRIMINAL JURISDICTION SYSTEM IN INDONESIA UPHOLDING PANCASILA AND HUMAN RIGHTS VALUES ]]>
<![CDATA[Surya Nita]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6584
<![CDATA[Law enforcement is the basis for the implementation of the criminal justice system in Indonesia with human rights values protected in the 1945 Constitution, Act No. 8 of 1981 Criminal Procedure Law, Act No. 39 of 1999 about Human Rights, Act No. 12 of 2005 about Ratification of International Convention of Civil and Political Rights and related regulation. Development of criminal justice is not regulated by various evidentiary procedures such as wiretapping, the process of resolving criminal case outside the court, online trials, so it is necessary for discussing: 1. How is development of criminal justice in Indonesia?; 2. How are the regulations in the development of the criminal justice in Indonesia while still human rights values?. The purposes are to analyzing the development of criminal justice in Indonesia and regulation still Pancasila and human rights values. The method used is juridical normative with literature study and analysis descriptive qualitative by describing development of the criminal justice system still human rights values. The development of criminal justice are proof by wiretapping, online trials, regulation about settlement of criminal cases out of court to reduce the convicts, justice collaborators, the extistence of checks and balances mechanisms between law enforcers. The criminal procedure code has not regulate the developmen of the criminal justice. Suggestions that development of the criminal justice should be received by upholding human rights values. So that the criminal procedure drafter to accomadate development of criminal cases and Criminal Code Bill.Keywords: Law Enforcement, Criminal Justice, Human Rights.]]>
<![CDATA[ANALYSIS OF AMENDMENTS AND RECOMMENDATIONS OF THE REVISION OF LEGAL ASSISTANCE LAW ]]>
<![CDATA[Nevey Varida Ariani]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6495
<![CDATA[The Legal Aid Law was drafted as the legal framework for legal aid for the poor in Indonesia. The provisions of this statutory law have been in place for almost a decade. Even so, there are indications that the implementation of legal aid has not been effective in the field, both as legal aid recipients, legal aid providers, and legal aid administrators. The research problem is how the urgency of changing the Law on Legal Aid for Justice and Equality. Qualitative research methods with a normative juridical approach. The extension of legal protection includes vulnerable and marginalized groups, both witnesses and victims. Harmonization of laws and regulations so as not to cause overlaps in the implementation of legal aid, for example in the position and authority of a legal assistant. The verification period encourages the establishment of a new OBH in the regions. Assistance mechanisms in the form of litigation and non-litigation are not only for the perpetrators but also for the victims, both pre, process and post trial. Government support financing with a special budgeting so that it is transparent and accountable.Keywords: Urgency, Legal Aid, Justice, Equality.]]>
<![CDATA[READINESS LECTURER FACULTY OF LAW IN THE ERA COMPETITION ECONOMIC COMMUNITY ASEAN ]]>
<![CDATA[Halimatul Maryani]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6587
<![CDATA[The background ofthis article is written thatIndonesia and Southeast Asian countries are already within the scope of theAsean Community.So each country must prepare human resources (HR) lecturers in the competition of the labor market in the Southeast Asian region.Given the increasingly fierce competition, of course it requires the expertise of a workforce (lecturers)who are ready to be competitive, of courseIn this era of globalization of international competition. The purposeof this study was to examine the role and readiness of lecturers in competition in the era of the international economic community, with themethodused in this research is the normative juridical method andits useto encourage lecturers to be more active in implementing the Tri Dharma of Higher Education.As aconclusion, lecturers are obliged to carry out the tri dharma of higher education and play a very important role in the development of higher education institutions, especially the respective universities they doand each lecturer isadvisedto apply the results of their performance in the lecture material.Keywords:Readiness,Lecturer, International Competition, MEA.]]>
<![CDATA[JUDICIAL REVIEW OF GOVERNMENT REGULATIONS IN LIEU OF LAWS PROBLEMS ]]>
<![CDATA[Ali Marwan Hsb]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6515
<![CDATA[The granting of the authority for judicial review of government regulations in lieu of laws to the Constitutional Court through Decision Number 138 / PUU-VII / 2009 in addition to being a legal breakthrough in filling the legal void for reviewing statutory regulations, in practice creates problems. The Method use in thisWhere, the verdict of examining government regulations in lieu of law is unacceptable because the petition loses its object as a result of the passage of government regulations in lieu of law as the object of examination into law.Keywords: Judicial Review, Government Regulations in Lieu of Law, Constitutional Court.]]>
<![CDATA[STATUS OF COLLATERAL BELONGING TO A THIRD PARTY IN BANKRUPTCY (Study Verdict Number: 15/Pdt.Sus-Gugatan Lain-Lain/2019/PN. Niaga.Jkt.Pst. Jo. Verdict Number: 878 K/Pdt.Sus-Pailit/2019 jo. Verdict Number: 52 PK/Pdt.Sus-Pailit/2020) ]]>
<![CDATA[Kesuma Putra]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6616
<![CDATA[This study discusses the status of collateral objects belonging to third parties in bankruptcy. This study aims to find out whether the collateral belonging to the party that is used as collateral debtor debt that is declared bankrupt is included in the bankruptcy boedel or not. The research method used is normative juridical law research. The results showed that in practice this is often a debate between curators and separatist creditors whether the assets of third parties that are used as collateral debts of debtors declared bankrupt or not and include collateral belonging to third parties that are used as collateral debt Debitor Bankruptcy into boedel (property) bankruptcy has violated the provisions of Article 21 of the Bankruptcy Act and PKPU which states that Bankruptcy covers all the wealth of debtors at the time the verdict of the bankruptcy statement is pronounced and everything obtained during Bankruptcy. Furthermore, as a result of the third party collateral that is used as collateral for insolvency debtor debt into boedel (property) bankruptcy, then it violates the provisions of Article 6 of the Law on The Right of Dependents because the rest of the sale of the object of dependent rights does not return to the third party as the bearer of dependent rights, but becomes boedel (property) bankruptcy.Keywords: Third Party, Bankruptcy, Creditors.]]>
<![CDATA[WORK AGREEMENT BETWEEN MEDAN HAJI HOSPITAL AND TENDER WINNING CONTRACTORS (According To The Regulation Of The Governor Of North Sumatera No 52 Of 2015 Concerning Procurement Of Goods And Services Of Regional Public Services In Medan Haji Hospitals, North ]]>
<![CDATA[Revi Fauzi Putra Mina]]>
<![CDATA[ NOMOI Law Review Vol 2, No 1 (2021): May Edition ]]>
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DOI: 10.30596/nomoi.v2i1.6524
<![CDATA[Procurement of Goods and Services is expected to be carried out effectively and efficiently with the principles of fair competition, transparency, openness, and fair treatment for all parties, according to Presidential Regulation No. 54 of 2010 concerning Procurement of Government Goods and Services is an activity to obtain goods and services by the Ministry / Institutions / Work Units of Regional / Institutional Devices and Regulations of North Sumatra Governor No 52 of 2015 concerning Procurement of Goods and Services for Regional Public Service Agencies at other Medan Hajj Hospital in North Sumatra Province, the process of which starts from needs planning to all activities to obtain goods and services. The method used is a research method with a statutory approach and acase approach. The results of this study explain first, that the implementation of the agreement carried out by field hajj hospital with the tender winner in the contract of procurement of goods and services carried out by the Hajj field hospital as stipulated in the North Sumatra Governor Regulation No. 52 of 2015 concerning Procurement of Public Service Goods and Services Region at Medan Haji Hospital North Sumatra Province As a responsibility when the default service provider means that it must be responsible for the service provider. Keywords: Implementation, Procurement, Legal Responsibilities.]]>
