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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 137 Documents
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PROBLEMATICS OF THE IMPLEMENTATION OF THE PRESIDENTIAL THRESHOLD IN ELECTIONS Fadhlan Fahmi Tarigan; Fiyan Hamdi Lubis; Abdul Hadi Musthofa
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14940

Abstract

Problems regarding the application of the Presidential Threshold in elections are always in the spotlight when elections are approaching. But even so, there are still many ordinary people who do not understand or even do not know what the Presidential Threshold is. The purpose of this research is for readers to know and understand what the presidential Threshold is. traces and history of the application of the Presidential Threshold, and what is the controversy over the application of the presidential threshold. The research method used is Normative Juridical, namely legal research with a literary approach based on related references which aims to see what is meant by the presidential threshold and how it is regulated within the law. The data used in this study is secondary data, namely data from previous research to become a reliable reference source. The topic of discussion in this study is to discuss the meaning of the presidential threshold, how the historical development of the presidential threshold in Indonesia from the beginning was apply to date, and the controversy over the implementation of the presidential threshold in Indonesia.
SOLUTIONS FOR FOLLOW-UP ON CONSTITUTIONAL COURT DECISIONS THAT ARE FINAL AND BINDING IMPLEMENTATIVE Irfan Aditya
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14945

Abstract

Indonesia has been through 4 times of constitution changing, started from 1999 to 2002. The amendment has created a few of the country's new institutions, such as a Constitutional Court of Indonesian Republic. The final decision that the Constitutional Court made turns out to have a few of the Constitutional Court that is not obeyed. Hence, it's not aligned with the nature of the Constitutional Court itself. This research is made to know how is the solution to the follow-up of the Constitutional Court's decision that is final and binding implementative. The method of this research is the normative law research with the statue approach. The source of the data that is used is a secondary data with primary legal material, secondary legal materials and tertiary legal materials, data analysis was carried out using the qualitative methods. The results show there are several factors that caused the Constitutional Court Decision to not be implemented, which are: the Constitutional Court as a negative legislature; no decision executive institution; there is no grace period to carry out the decision; and there are no juridical consequences for ignoring the decision. Therefore, the solution is to form an executive working unit for decisions under the Registrar's Office of the Constitutional Court to provide coercive power to the parties concerned and if the Constitutional Court Decisions are still not complied with and enforced, then the related parties will be subject to sanctions.
LEGAL PROBLEMS IN RESOLUTION OF GOVERNMENT ADMINISTRATIVE DISPUTES REGARDING RAPID EXAMINATION IN THE PERSPECTIVE OF LEGAL PROTECTION THEORY Seven Putra Darius Zebua; Faisal Akbar Nasution; Mirza Nasution; Afila Afila
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14939

Abstract

Problematic law to inspection in a manner fast in settlement dispute administration government need studied in perspective theory protection law . Method research used _ that is juridical normative . Results study show that there is problem to inspection fast in the judicial process system business country so that For protect interest inhabitant public need done protection through approach law .
THE AUTHORITY OF THE SUPREME COURT REGARDING THE MATERIAL EXAMINATION OF THE ACEH QANUN Fauzi Iswahyudi
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14947

Abstract

Problems position qanun aceh is equated with nomenclature ' Regional Regulation ' in Article 7 paragraph (1) of the Law Number 12 of 2011 concerning Formation Regulation Legislation , besides That need studied is qanun can tested in Court great . Method research used _ that is juridical normative . Results study show that Article 235 paragraph (2) of Law Number 11 of 2006 concerning the Government of Aceh  arrange that Government can cancel conflicting qanuns _ with : a. interest general ; b. interqanun ; and c. regulation more legislation _ high , except another set in Constitution this . More carry on Chapter Article 235 paragraph (3) regulates that qanun can tested by Court great in accordance with regulation legislation . (4) Qanuns as meant on paragraph (3) which regulates about implementation Islamic Shari'at only can canceled through test material by Court great .
LEGAL PROTECTION OF CONSUMERS USING E-MONEY IN VIEW FROM LAW NUMBER 8 OF 1999 REGARDING CONSUMER PROTECTION Leomongga Alamsyah Sitompul; Saidin Saidin; T. Keizerina Devi A; Jelly Leviza
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14944

Abstract

One of the problems that arise for consumers or electronic money holders is card damage. Card damage usually occurs in chip-based electronic money types. Damage to the card causes failure in payment transactions because electronic money cannot be read by the reader at the merchant where the transaction is made, resulting in a failed transaction. The type of research used in this discussion is normative juridical research, namely to provide an understanding that law is a statutory instrument that is regulatory in its implementation. Furthermore, the data obtained is presented descriptively and then analyzed qualitatively. The results of the study show that a form of legal protection for users of Electronic Money (e-money) for the loss of e-money cards so that they are used by unauthorized parties is the Consumer Protection Act which gives e-money users the right to file a claim for compensation to the district court. or Consumers can also bring this problem to the Consumer Dispute Settlement Agency (BPSK). The legal position of e-money users in filing lawsuits related to the Consumer Protection Act is that electronic money users are consumers in the banking sector, so they have rights and obligations in using e-money products.
THE EXISTENCE OF CONSTITUTIONAL COURT DECISIONS IN THE HIERARCHIES OF LEGISLATION IN INDONESIA Geofani Milthree Saragih
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14946

Abstract

The Constitutional Court is one of the state institutions in Indonesia that exists within the jurisdiction of the judiciary. The main background for the birth of the Constitutional Court in Indonesia is the result of a change from an authoritarian government system to a democratic one. The existence of the Constitutional Court is expected to provide significant restrictions on the formation of laws in Indonesia which are considered to be tools that are misused by certain oligarchs in fulfilling the interests of their groups. As was the conclusion of Mahfud MD's dissertation which said that basically politics determines law. The discussion in this chapter will examine the existence of the Constitutional Court's decision in terms of reviewing laws against the 1945 Constitution in the hierarchy of laws and regulations in Indonesia. Broadly speaking, the discussion will be divided into three sub-chapters, first , regarding the background of the birth of the Constitutional Court in Indonesia and the powers it has, second , the hierarchy of laws and regulations in Indonesia, third , the existence of the Constitutional Court's decision in reviewing laws against laws Basic 1945 in the hierarchy of laws and regulations in Indonesia. The main conclusion from the discussion of this sub-chapter is to emphasize that basically the decision of the Constitutional Court greatly influences the existence of a law that is being enacted, because the Constitutional Court can negate a law that is considered contrary to the 1945 Constitution. This fact can affect other legal products contained in the hierarchy of laws and regulations in Indonesia, especially those under the law and which have the same status as the law, namely government regulations in lieu of laws.
LEGAL PROBLEMS OF EDUCATION EQUALITY IN REMOTE AREAS Nancy Prema
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14942

Abstract

Indonesia is the country that has the most population in the world, this is certainly inseparable from all legal problems in society. The existence of government prosecutions of the public to understand the law (presumption iures de iure) is certainly compared to limited education, material limitations, the unevenness of development or education services, and regional remoteness. This journal aims to provide an explanation regarding why all Indonesians are required to understand the law while the government has not met the needs/services in the community in an effort to achieve a state based on law. The research steps taken use qualitative methods where the contents of this journal contain data and the results of direct observations. Based on the results of direct research into the community that there are still many Indonesian citizens who do not understand the law due to limited education due to the remoteness of the area.
PROBLEMATIC OF REFUSAL THE APPLICATIONS FOR SUSPENSION OF DEBT PAYMENT OBLIGATIONS FOR SUBSIDIARIES OF STATE OWNED ENTERPRISES Mhd Edwin Prananta Surbakti; Sunarmi Sunarmi; Budiman Ginting; Dedi Harianto
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14949

Abstract

The legal position of SOE subsidiaries does not have legal certainty, giving rise to multiple interpretations. There are multiple interpretations in statutory regulations and jurisprudential decisions, namely the decisions of the Supreme Court Number: 21P/HUM/2017 and the decision of the Constitutional Court Number 01/PHPU-PRES/XVII/2019. The approach used is the law approach, and the case approach. Source of data used in the form of secondary data. Data collection techniques and tools used were library research, field research, document studies and interview guides. Data analysis was carried out qualitatively. The results showed that the BUMN subsidiary, namely PTPN I, was a holding structure of PTPN III, which declared the status of a BUMN, due to direct state capital participation in the form of 1 Series A Dwi Warna share. In accordance with PP No. 72 of 2016 that a subsidiary in the holding structure, namely PTPN I, receives a special assignment from the government in the form of a Public Service Obligation (PSO), Management Rights (HPL) and the Partnership and Community Development Program (PKBL), Based on Article 2A Paragraph (7) ) a BUMN subsidiary in a holding structure, namely PTPN I, is treated the same as a BUMN. As a result, creditors are not authorized to apply for bankruptcy and PKPU, but are the Minister of Finance in accordance with Article 223 in conjunction with Article 2 paragraph (5) of Law Number 37 Years.
LEGAL RECONSTRUCTION OF VILLAGE FUND SUPERVISION MODEL IN VILLAGE GOVERNMENT BASED ON THE PRINCIPLE OF TRANSPARENCY Rizky Darmawansyah Sihombing
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14941

Abstract

The state revenue and expenditure budget (APBD) is part of village income sources that are included in village finances. The state revenue and expenditure budget (APBD) that is given is usually called village funds. Village funds are funds originating from the State Revenue and Expenditure Budget earmarked for Villages which are transferred through the district/city Regional Revenue and Expenditure Budget and are used to finance government administration, development implementation, community development, and community empowerment. The large amount of the budget given to each village certainly needs to be monitored to avoid abuse of power. In addition to the need for supervision, the village government also needs to always be principled and adhere to the principle of openness so that the community knows and is involved in controlling the implementation of village governance. So that the high level of corruption that occurs in the village government environment requires us to evaluate and reconstruct the monitoring system that must be carried out.
ANALYSIS OF THE FUNCTION OF THE PROSPERITY'S COMMISSION IN SUPERVISING THE BEHAVIOR OF PROSPECTORS IN INDONESIA Muhammad Fachrur Rozi
NOMOI Law Review Vol 4, No 1 (2023): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i1.14948

Abstract

With the power possessed by the Attorney General of the Republic of Indonesia, this institution has considerable powers in the field of prosecution and in administering state power. To minimize the occurrence of the Authority of State Power that exceeds the limit, usually, every State Institution must have limits through the Internal and External Oversight Board. It becomes a problem/issue when the external oversight agency, in this case, is the KKRI, where the results of the oversight carried out by the agency are in the form of recommendations, not followed up by the Attorney General or the President. The purpose of this study is to know the Authority of the Prosecutor's Commission and the legal consequences that arise in carrying out its duties and functions. The research method used is normative juridical. The results of this study are that the Prosecutor's Commission in Supervision has the authority to provide recommendations on alleged violations of ethics or the Prosecutor's behavior, but these recommendations do not have coercive power to be carried out like the form of supervision carried out by the Ombudsman which has juridical consequences if not implemented in the form of administrative to criminal sanctions, so it is necessary to strengthen normatively by providing legal consequences if the recommendation is not implemented by the Attorney General or the President.

Page 7 of 14 | Total Record : 137

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