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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137 Documents
<![CDATA[ANALYSIS OF THE PHENOMENON OF ONLINE SCAMS IN ONLINE JOB SEARCHES SYNDICATED WITH TRAFFICKING CRIMES INTERNATIONAL LAW PERSPECTIVE ]]>
<![CDATA[Ulfah, Qorry]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19945
<![CDATA[This research is interesting to discuss because of technological developments that give rise to the occurrence of Online scams carried out in terms of offering foreign workers through job vacancies advertised by utilizing social media pages. The problem in the study is related to the criminal responsibility of the country perpetrating online scams according to international law. and related to the extent of intervention of the country of origin of sending labor to the country of online scam perpetrators legally. The type of research used in the form of normative juridical research is sourced from secondary data through data processing from primary legal materials, secondary legal materials and tertiary law. Based on the results of research in trafficking in persons , International Law provides policies to States parties in taking steps to implement the law through arrangements in the States of the Parties based on agreed conventions, one of which is through protocols to prevent, prosecute, and punish trafficking in persons, especially women and children (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Woman and Children). Located in Italy, the United Nations formulated the Palermo Protocol and related interventions were carried out by means of international cooperation that could include the exchange of information, training, and technical assistance between countries.]]>
<![CDATA[IMPLEMENTATION OF THE JUDICIAL SYSTEM INVOLVING AMICUS CURIAE AS THE JUDGE'S CONSIDERATION IN PROVIDING DECISIONS IN EFFECTING THE PRINCIPLE OF PROPORTIONALITY ]]>
<![CDATA[Ketaren, Elfani Br]]>
<![CDATA[ NOMOI Law Review Vol 4, No 2 (2023): November Edition ]]>
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DOI: 10.30596/nomoi.v4i2.17377
<![CDATA[Amicus curiae is a legal concept where a third party feels interested in a case by providing their legal opinion to the court. This interest is only in the form of providing an opinion in the realm of court and is only material for consideration by the Judge, thus allowing every citizen to provide their views and opinions on a case, however the practice of amicus curiae is not yet clearly regulated in Indonesian positive law.This type of research and approach is normative research using a normative juridical legal research approach. Based on the results of research that the position of the amicus curiae in the judicial system in Indonesia is a matter for consideration by the judge in determining a decision in the judiciary, until now, there is no clear legal regulation regarding the concrete involvement of the amicus curiae in the trial process of criminal cases in Indonesia . Legal regulations regarding amicus curiae are not merely to assist judges in obtaining information on factual truths, but can promote proportionality between the judicial system in enforcing law enforcement based on a balance between the interests of society, the interests of the state, the interests of the perpetrator and the interests of the victim.]]>
<![CDATA[POLITICAL AND LEGAL PHILOSOPHICAL FRAMEWORK FOR NOTARY PUBLIC POSITIONS AS AN ALTERNATIVE FOR DISPUTE RESOLUTION IN INTERNAL POLITICAL PARTY DISPUTES ]]>
<![CDATA[Muttaqin, Imam Choirul]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19397
<![CDATA[Political and legal arrangements for mechanisms for resolving internal political parties' disputes have not been effective even though the arrangements have been in place and have changed several times since the beginning of reform until now . In recent years, it can be said that the ideal role and function of political parties is not as ideal. Prolonged internal conflict in several political parties , as public organizational entities Conflict or dispute resolution is an inherent part of political parties. This means that the basic principle of dispute resolution is to minimize state mechanisms (administration and justice ). In this research the author uses a normative juridical approach which departs from the reality of resolving internal political party conflicts so far, thus producing ideas by trying to offer alternative dispute resolution by viewing political parties as legal entities which in legal traffic always have a Notary who always accompanies the deed product. . Philosophically, notaries in exercising their authority are in the realm of evidence, thus, notaries with their deeds become the first filter or front guard in the selection process for 'validity' or validation of the truth of the highest forum as outlined in the deed or its copy as a 'prerequisite' for truth.]]>
<![CDATA[LEGAL ANALYSIS OF THE PUBLIC PROSECUTOR'S CONSIDERATIONS TO DETERMINE THE SEVERITY OF THE CLAIMS AGAINST THE DEFENDANT IN NARCOTICS CRIME (STUDYING AT THE PROSECUTOR'S PROSECUTION IS REALLY FUN) ]]>
<![CDATA[Syam, Ismail]]>;
<![CDATA[Sahari, Alpi]]>;
<![CDATA[Zulyadi, Rizkan]]>
<![CDATA[ NOMOI Law Review Vol 4, No 2 (2023): November Edition ]]>
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DOI: 10.30596/nomoi.v4i2.17372
<![CDATA[Prosecution to something follow criminal narcotics is functions carried out by the Prosecutor's Office , in matter This prosecutor general . In letter demands mentioned , are included consideration in submit demands the punishment consists of from aggravating things and mitigating things _ _ defendant . In determine heavy its light demands in case follow criminal narcotics , then prosecutor Prosecutor General in general _ refers to regulation legislation . Study This use study law normative . In study law normative research _ more emphasize study of principles law and synchronization law to regulation governing legislation. Rule governing law _ about heavy it's light demands made _ prosecutor Prosecutor General in Act Criminal Narcotics arranged in the Guidelines Number 24 of 2021 Concerning Handling Case Act Criminal General and Guidelines Number 11 of 2021 concerning Handling Case Act Criminal Narcotics and/ or Act Criminal Precursor Narcotics , no only That in Law no. 35 of 2009 concerning Narcotics also regulate about its weight sanctions imposed _ based on group . Procedure giving demands For determine heavy its light criminal as material consideration prosecutor Prosecutor General to case follow criminal narcotics started from listen information witnesses and defendants added information expert at trial.]]>
<![CDATA[LEGAL PHILOSOPHY PARADIGM WITH CHARACTER BASED ON HUMANS AS PEOPLE OF ANTHROPOCENTRISM ]]>
<![CDATA[Ansari Sibarani, Fauzi]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19961
<![CDATA[Legal philosophy is a science that discusses fundamental issues about law, or the science of the nature of law. This research method uses prescriptive legal research which focuses on literature reviews to collect information from various literature regarding the legal topic being studied. The results of this research show that anthropocentrism is a very instrumentalist paradigm of environmental ethics, because the relationship between humans and nature can only be seen instrumentally. Nature is considered only as a tool for human interests. This paradigm is also selfish because it only prioritizes human interests. Philosophy plays a very important role in shaping human personality and making human life better. People with character usually have ideas about how they can shape and build their future and are able to think about how to develop it. Personality development takes a long time and involves many aspects of life, including experience, education, culture and social environment. The progress or even decline of a nation is influenced by the individual quality of its citizens.]]>
<![CDATA[EFFORT COUNTERMEASURES WITH ACTION CRIMINAL COLLECTIVE THEFT SAME IN MODE BREAKING THE CAR GLASS ]]>
<![CDATA[Karina, Ica]]>;
<![CDATA[Siahaan, Ade Juliany]]>;
<![CDATA[Fitriani, Fitriani]]>
<![CDATA[ NOMOI Law Review Vol 4, No 2 (2023): November Edition ]]>
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DOI: 10.30596/nomoi.v4i2.17368
<![CDATA[The discomfort that arises in the public is not without reason, due to the intensity of the crime following which the numbers are very high. Cases of theft using car glass finishing mode often occur in the city of Medan due to several problems. The problem is that the background of the perpetrator of the crime of theft is seen from economic factors or dependence on illegal drugs such as narcotics and other social factors. The research method used is a normative juridical legal research method. The approach used is the statutory approach, the tracing system used is the library research method The research results show that the modus operandi of the perpetrators of the crime criminal theft Which done in a way together with mode breaking a car window is by breaking the keyhole, breaking glass, making fake keys, or in other neater ways. Already It is an obligation for police officers to learn new methods which was carried out by the perpetrator of the theft by breaking the car window so that can finish disclosure case or even Possible can anticipate something follow criminal crime in the future.]]>
<![CDATA[JUDICIAL REVIEW PRESIDENTIAL REGULATION ON THE 1945 NRI CONSTITUTION ]]>
<![CDATA[Erickatama, Andrian]]>;
<![CDATA[Setiadi, Wicipto]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19937
<![CDATA[With the existence of Article 9 paragraph of Law no. 13 of 2022 which only provides restrictions that only the Law can carry out a Judicial Review of the 1945 Constitution of the Republic of Indonesia, and Judicial Review of Government Regulations and Presidential Regulations can only be carried out on Laws, will close the way for a possible Judicial Review of the Independent Presidential Decree to be carried out on the contrary to the 1945 Constitution of the Republic of Indonesia. This research uses a normative method with a qualitative approach. The approach used in this research is a statutory approach and a conceptual approach. In exercising attribution authority, it is possible that there may be a Presidential Regulation that exceeds the authority of a President, or could potentially become a tool for abuse of authority by the President. There is a need for a correction mechanism in the form of a Judicial Review of the Independent Presidential Decree on the 1945 Constitution of the Republic of Indonesia as a mechanism for public control.]]>
<![CDATA[ENFORCEMENT OF LAW ON CONSUMER PROTECTION TO INCREASE THE VALUE OF JUSTICE ]]>
<![CDATA[Nainggolan, Ibrahim]]>;
<![CDATA[Koto, Ismail]]>;
<![CDATA[Simatupang, Rajarif Syah Akbar]]>
<![CDATA[ NOMOI Law Review Vol 4, No 2 (2023): November Edition ]]>
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DOI: 10.30596/nomoi.v4i2.17398
<![CDATA[The problems faced by society are not only related to the choice of goods, but are much more complex and involve the perception of all parties, both business actors and consumers, regarding the importance of consumer protection. Consumer protection law or consumer law can be understood as all legal provisions that regulate the rights and obligations of consumers and producers arising from efforts to fulfill their needs. The word comprehensive is intended to describe that it covers all differences in law according to its type. This research is normative legal research, namely legal research that places law as a building system of norms. Normative legal research is law that is conceptualized in terms of norms or rules that apply in society. In regulating consumer protection legal regulations in fulfilling the value of justice in Indonesia today optimally and providing opportunities for consumers and economic actors to achieve their rights and fulfill their obligations equally.]]>
<![CDATA[DEVELOPMENT OF CIVIL LAW THROUGH EMPOWERING JURISPRUDENCE: A COMPARATIVE STUDY OF CIVIL LAW AND COMMON LAW SYSTEMS ]]>
<![CDATA[Pinem, Faisal Hadi]]>;
<![CDATA[Kamello, Tan]]>;
<![CDATA[Purba, Hasim]]>;
<![CDATA[Ikhsan, Edy]]>
<![CDATA[ NOMOI Law Review Vol 5, No 1 (2024): May Edition ]]>
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DOI: 10.30596/nomoi.v5i1.19592
<![CDATA[The development of civil law in resolving disputes needs to be addressed by implementing court decisions that have permanent legal force in the form of jurisprudence. Civil law problems that are developing rapidly are unable to be followed by existing legal regulations, and are not even sufficient to answer all the problems in civil law itself. The research uses a normative juridical research type. Jurisprudence has a big role and contribution in the development of civil law to fill legal gaps and provide legal certainty. Article 10 Paragraph (1) Law no. 48 of 2009 states that "Courts are prohibited from refusing to examine, try and decide on a case submitted on the pretext that the law does not exist or is unclear, but is obliged to examine and try it". The position of jurisprudence in Indonesia, which adheres to a civil law system, adheres to the principle of freedom or is "persuasive precedent". Efforts to bring about legal convergence in certain cases are not possible. However, there are still legal similarities which can be used as a legal basis for resolving various problems in civil law in Indonesia. The role of the Supreme Court is very important in reviewing judges' decisions that are suitable for use as jurisprudence and carrying out an inventory of decisions in the field of civil law that constitute legal reform.]]>
<![CDATA[APPLICATION OF ADMINISTRATIVE LAW AS PRIMUM REMEDIUM IN ERADICING CRIMINAL ACTS OF CORRUPTION ]]>
<![CDATA[Maha, Rinto]]>;
<![CDATA[Ginting, Budiman]]>;
<![CDATA[Supandi, Supandi]]>;
<![CDATA[Siregar, Mahmul]]>
<![CDATA[ NOMOI Law Review Vol 4, No 2 (2023): November Edition ]]>
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DOI: 10.30596/nomoi.v4i2.17413
<![CDATA[Research on administrative law as the main instrument in eradicating criminal acts of corruption, because of several interesting things, including, the sanctions of imprisonment for special offenses of office crimes in the Dutch Criminal Code since it came into force on March 3 1881 where the law was initially lighter. In the course of more than a hundred years of its use in Indonesia, especially in office crimes (Tipikor), the criminal sanctions applied have become increasingly irrational. Historically, the use of the Dutch Criminal Code began to be applied to colonial territories, with several reconditions to colonial territories which had different sociological aspects, both Suriname and the Dutch East Indies . Hoekoeman Baroe Boewat Indies-Ollanda. This research is normative legal research or what is also known as library research and study of decision documents . The type of approach used in this research is a statutory approach ( statute approach ) carried out by examining all court decisions . The application of State administrative law as the Primum Remedium for eradicating corruption in Indonesia should be implemented in accordance with the spirit of the UNCAC Ratification (United Nations Convention). Against Corruption, 2003) Article 53 that Non-Conviction Based (NCB) Asset Confiscation or Action to return wealth directly can be carried out without punishment.]]>
