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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 137 Documents
ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC BUSINESS PRACTICES OUTSIDE OF COURT Harahap, Muttaqin; Asdhie Kodiyat MS, Benito
NOMOI Law Review Vol 5, No 1 (2024): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19938

Abstract

Using non-litigation methods to resolve business disputes has long been an option. This is because the litigation process in court takes a long time and is a complicated procedure, has a win-lose nature that is not yet able to embrace common interests, tends to give rise to new problems, requires expensive costs and is unresponsive. As a general rule, people are involved in sharia economic disputes and want to resolve all conflicts that arise quickly, efficiently and cheaply. The parties to a dispute are free to choose the method of dispute resolution and the applicable law in accordance with the agreed agreement, but may face many obstacles in reaching an agreement. One of them is by resolving disputes through a body that has been formed by the Indonesian Ulema Council, namely the National Sharia Arbitration Board. Arbitration institutions can resolve problems quickly and precisely, the results of arbitration decisions are absolute and cannot be intervened by the court and there are no territorial restrictions in resolving disputes, therefore many entrepreneurs and business people tend to choose the arbitration route. The aim of this research is to determine alternatives for dispute resolution in Islamic business practices outside the court. This type of research and approach is normative research using a normative juridical legal research approach. National Sharia Arbitration Board has the authority to resolve fairly and quickly muamalah (civil) disputes arising in the fields of trade, finance, industry, services and others which according to law and statutory regulations are fully controlled by the disputing party, and the parties agree in writing to submit the settlement to the National Sharia Arbitration Board in accordance with the procedures of the National Sharia Arbitration Board.
THE ROLE OF THE INTERNATIONAL WORLD IN THE CONFLICT BETWEEN PALESTINE AND ISRAEL AS A PREVENTION OF HUMANITARIAN CRIMES FROM AN INTERNATIONAL LAW PERSPECTIVE Lasia, Qorry Ulfah
NOMOI Law Review Vol 4, No 2 (2023): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17393

Abstract

This research is interesting to discuss because the conflict between Israel and Palestine has never ended, while there have been so many victims. International countries also did not react because they were deemed unable to intervene directly due to limited legal sovereignty in Israel's territorial area so they were unable to intervene directly. The type of research used is in the form of normative juridical research sourced from secondary data through data processing from primary legal materials, secondary legal materials and tertiary law. Based on the results of this research, it is known that countries can intervene through UN organizational institutions by becoming a forum for socializing conflict countries as seen from the territorial divisions that the UN has carried out in order to achieve peace between the Israeli-Palestinian conflict and its nature is only as a mediator. Meanwhile, regarding countries that violate humanitarian law, it is regulated in the 1949 Geneva Convention which regulates war victims. It contains objects and subjects of war which may or may not become victims of war. If a country in conflict violates mutually agreed provisions, it can be given full responsibility for the entity of that country if it does not comply with international law that has been agreed because the convention is universally binding for countries in conflict and countries that are not in a state of conflict.
SALES OF COSMETICS WITHOUT PERMISSION FROM THE DRUG AND FOOD CONTROL AGENCY (BPOM) IN PERSPECTIVE LAW HEALTH Khalishah, Salwa
NOMOI Law Review Vol 5, No 1 (2024): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19375

Abstract

Cosmetics constitute a range of products utilized to enhance and maintain physical appearance. These products include make up, skincare, hair care, nail products, perfumes, and body care items. Cosmetics seem to have become a necessity for men and women to maintain their appearance. However, it is not uncommon to find that there is still a large number of cosmetics circulating that do not have permission from BPOM as the drug and food regulatory body, causing a lot of suspicion among the public. So special attention is needed regarding the distribution of cosmetics without permits based on statutory provisions. This research uses a normative juridical method, which is an approach to legal research that views law as a systematic structure of norms. So this research aims to see the extent to which legislation provides regulations regarding this problem. So it can be seen that the function and duties of BPOM as a drug and food regulatory agency must be able to be more optimal in carrying out its duties and functions. Considering its function, it can be a preventive measure in the circulation of unlicensed cosmetics among the public.
PROTECTION LAW TO VENDORS RELATED TO THE USE OF BEAUTY CONTESTS IN PROCUREMENT OF GOODS AND SERVICES BY BUMN Putra Hsb, Ibnu Habib Ryandi Syah; Ginting, Budiman; Sunarmi, Sunarmi; Siregar, Mahmul
NOMOI Law Review Vol 4, No 2 (2023): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17390

Abstract

KPPU stated that 80 percent of tender problems in Indonesia related with beauty contest . Lots of it report as well as case proves that there are no clear rules regarding the implementation of beauty contests in tender arrangements in Indonesia, giving rise to allegations of collusion within them. Example, PT. Pertamina (Persero) and PT. Medco Energi International, Tbk, suspected of having committed collusion. In case According to KPPU, it is a tender process. In its decision, the KPPU stated that PT Pertamina and PT Medco Energi Internasional and Mitsubishi Corporation were proven to be the winners of the beauty contest. This research uses normative juridical research methods that are qualitative in nature. The beauty contest method is vulnerable to irregularities and collusion due to its closed nature and each provider of goods or services/vendors cannot know who their competitors are. And No There is reject measuring Which clear related appointment winner beauty contest Position vendors in beauty contest in BUMN Not yet Enough protected, because there is no clear legal basis for the implementation of procurement of goods and services by BUMN using a beauty contest .
CONSISTENCY OF THE NATIONAL CAPITAL AUTHORITY AS A SPECIAL REGIONAL GOVERNMENT WITH THE CONSTITUTION F. Putuhena, M Ilham
NOMOI Law Review Vol 4, No 2 (2023): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17399

Abstract

With the various specialties that exist in the Archipelago Capital City, both related to the implementation of the Special Regional Government for the Archipelago Capital City and the implementation of preparation, development and relocation activities for the National Capital City, it is expected that various problems will arise, including, among other things, unclear division of affairs, tug-of-war and overlap. Overlapping authority between the Central Government and the regional government administering the National Capital in various matters and government affairs no longer occurs in its implementation. The method used in this research is normative juridical law research method. Based on article 18 paragraph (1) of the 1945 NRI Law, Indonesia is the Unitary State of the Republic of Indonesia divided into provinces and the provinces are divided into districts and cities
OPTIMIZATION OF THE ROLE OF THE VILLAGE CONSULTATIONAL BODY IN THE VILLAGE GOVERNMENT SYSTEM REVIEWED FROM THE PRINCIPLE OF CHECK AND BALANCE Sihombing, Rizky Darmawansyah
NOMOI Law Review Vol 5, No 1 (2024): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19398

Abstract

The implementation of village government is not only absolutely carried out by the village head, but there is a role for the Village Consultative Body in running the village government system. The Village Consultative Body, which is the representative of the village community, has the authority granted directly by Law No. 6 of 2014 concerning Villages. Furthermore, the village consultative body is also commonly known as the legislature within the scope of village government. So that on this basis, in running government in the village, the principle of checks and balances should be implemented. so that BPD can play a preventive role in potential abuse of power at the village level. This research also uses normative legal research and a statutory approach. So this research aims to find out the extent to which the law regulates village consultative bodies and also the application of the principle of check and balance in the administration of village government. In fact, the existence of the Village Consultative Body is recognized as stated in Law No. 6 of 2014 concerning Villages. So BPD is a constitutional institution in the constitutional system in Indonesia. Furthermore, the implementation of checks and balances in the village government environment should be able to occur. Considering the role and function of the village Consultative Body which includes a controlling function for the administration of government at the village level.
IMPLEMENTATION OF LEGAL STUDIES LEARNING FOR EARLY CHILDHOOD EDUCATION AT RA KAWAKIBI DELI SERDANG Rahimah, Rahimah; Koto, Ismail
NOMOI Law Review Vol 4, No 2 (2023): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17373

Abstract

This research was conducted to determine the legal learning strategies and models for early childhood education which were implemented at RA Kawakibi Deli Serdang . This research uses a qualitative case study method, uses the Miles Hubberman model analysis technique. This research was conducted at RA Kawakibi Deli Serdang . The focus of this research is on models of learning legal aspects for young children, with the hope of internalizing and increasing understanding of legal values from an early age, so that young children are able to implement legal values both in the family , school and community environments, as quoted by Zeece states that the development of children's sensitivity and understanding of what other people think, feel and do is important for the effective functioning of their social world. This understanding is able to enable children to recognize, organize and explain, and sometimes predict, the behavior of other people ( Zeece , 2000). Based on research conducted, the legal learning model for early childhood is: (1) introducing law in the simplest way, (2) integrated with learning in other aspects, (3) learning in a contextual way. Meanwhile, the influencing factors are: (1) teachers' knowledge of the law, (2) parents' knowledge of the law, and (3) capacity and ability to be responsible for the law.
CONVERGENCE OF CARBON PRICING POLICY AS A CLIMATE CHANGE SOLUTION TO RECOVERY ENVIRONMENTAL DAMAGE IN INDONESIA Nasution, Faradila Umaya
NOMOI Law Review Vol 5, No 1 (2024): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19376

Abstract

The carbon pricing refers to the costs imposed by the carbon tax on a company based on the amount of carbon as they emit. The government establishes carbon price policy through regulations and policies. In Indonesia, carbon prices are still being determined through theoretical methods. This research provides valuable insights for legal evaluation, indicating that environmental policies in Indonesia should prioritize the welfare of individuals affected by environmental pollution. Carbon pricing is expected to be a tool for controlling climate change in Indonesia and promoting the green economy concept by applying economic value
A POTENTIAL APPROACH TO THE USE OF ARTIFICIAL INTELLIGENCE IN TRADEMARK VERIFICATION PROCESS Napitupulu, Novita Sartika Elisabeth; Situmorang, Yan Putra Jalo
NOMOI Law Review Vol 5, No 1 (2024): May Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19330

Abstract

Artificial Intelligence (AI) is undeniably impacting many aspects of life, including legal fields. Many countries are now focused on developing AI in many sectors, such as governmental services. In relation to the plan of the Government of Indonesia to provide faster public services, AI can be expected to be a catalyst and support in the field of the Intellectual Property Rights verification process, specifically trademark. By now, the process may take several times to arrive at the final decision before the certificate of IP Rights ownership is given to the applicant. This is due to the necessity of the details that need to be checked to guarantee the originality of the application of the IP rights. This paper will discuss the possibility of how AI can be a helpful breakthrough to innovate in assisting the intellectual property rights verification process under the supervision of the Ministry of Law and Human Rights in Indonesia.
RECONSTRUCTING THE INSTITUTIONALIZATION OF POLITICAL PARTIES IN THE STATE OF LAW AND DEMOCRACY Miuttaqin, Imam Choirul
NOMOI Law Review Vol 4, No 2 (2023): November Edition
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17362

Abstract

One of the functions of political parties is political recruitment. In this function, political parties are an institution for the selection process in the context of filling public or political positions. As the main actor in democracy, democracy should start from within the party itself based on true participation from its members. What is meant is that the function of political recruitment and supplier of public positions (legislative and executive) must be based on a mechanism based on participation and deliberation of its members (internal democracy of political parties) . The method used in this research is normative juridical law research method.  Internal democracy is not only the contestation for the election of general chairman or political party administrators in congresses, conferences and the like, but also the phenomenon of well-known legislative candidates such as artists, rich people or media bosses and the like can result in jumping into political office through parties. Strengthening the institutionalization of political parties is carried out in at least four ways, namely first, conditioning the formation of a simple multiparty system, second, encouraging the creation of democratic and accountable party institutionalization, third, conditioning the formation of democratic and accountable party leadership and fourth encouraging the strengthening of the party base and structure in community level.

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