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<![CDATA[Development of Integrated Citizens The Institution Community Based on The Principle of Protection Towards Social Reintegration ]]>
<![CDATA[Zainab, Nina]]>;
<![CDATA[Eleanora, Fransiska Novita]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.5126
<![CDATA[An inmate is someone who is deemed guilty and must serve a sentence in prison based on a verdict or decision from a judge with permanent legal force (inkracht) based on evidence and evidence. Development for prisoners cannot be separated from their rights both inside and outside prison, with the aim of independence which is also in the nature of development as it is directed towards development with the mentality and character of being a complete human being, as well as pious, and also responsible for oneself. , also for families, and for society, and talents and skills can be developed so that they play an active and responsible role in society in the future when free, related to social reintegration. Protection, which is the principle in which inmates are treated in correctional institutions in order to ensure that society can be protected from the possibility of repeating criminal acts in the form of crimes or violations, also provides provisions for life for inmates so that they become useful citizens in society. The research method is normative juridical by referring to statutory regulations, as well as existing literature based on literature study. The result is that social reintegration can provide changes in the development of inmates so that their attitudes and behavior become better and they can have abilities in community life.]]>
<![CDATA[Credit Agreement with Guaranteed Certificate of Ownership of Land Made with A Fake Sale and Purchase Deed ]]>
<![CDATA[Zein, D’ Adellia Dinnary]]>;
<![CDATA[Manfaluthi, Agus]]>;
<![CDATA[Hariyana, Trinas Dewi]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.4902
<![CDATA[Banks always use a certificate of ownership as collateral that accompanies the credit agreement, especially for mortgage credit agreements. Certificates of ownership that are obtained from the selling and buying process need sale and purchase deeds to make the certificates of ownership. The problem is when a fake sale and purchase deed is used to create a certificate of ownership and the certificate is used as collateral in a credit agreement. So the question is the legal status and implications of credit agreements that use title certificates made with fake sale and purchase deeds. To answer this question, this study uses normative research methods with a legal approach and a case approach. The result of his research is that in making a credit agreement, banks have their own rules and principles that must be followed before agreeing to the credit agreement included in the assessment of collateral. Based on the case related to this matter contained in decision number 65/Pdt. G/2018/PN.Gpr., the panel of judges of the Kediri Regency District Court ruled that credit agreements using title certificates made using fake sale and purchase deeds were valid. The ratio decidendi of the judges is because the bank has carried out procedures according to the law when making credit agreements. and the transfer of title certificates is considered non-existent because there is a legal defect in the transition process, namely by the existence of a fake sale and purchase agreement Deed.]]>
<![CDATA[Legal Protection for Company Internship Participants Who Do Not Obtain Their Rights ]]>
<![CDATA[Khyatudin, Khyatudin]]>;
<![CDATA[Haq, Rifqi Arroiqul]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.5071
<![CDATA[This research examines legal protection for company interns who do not receive their rights. The purpose of this research is to analyze what types of legal protection can be obtained for interns when their rights cannot be fulfilled by the company, as well as to analyze the legal consequences that must be held accountable by companies that have been found to have violated the rights of interns. In completing this research the author used normative research methods. The results of the research show that the regulations governing the rights of apprenticeship participants are very clearly regulated in the laws in force in Indonesia, namely in Law no. 13 of 2003 concerning Employment and Regulation of the Minister of Manpower No. 6 of 2020 concerning the Implementation of Domestic Apprenticeships. However, in reality, in the field, many apprentices and companies do not clearly understand and implement these regulations, which is what causes many cases of exploitation and abuse against apprentices. One of the cases that is the source of the author's research is in Decision Number: 111/Pdt.Sus-PHI/2019/PN.JKT.PST. Apart from regarding the rights of apprentices, the results of the research also show that companies must bear the legal and social impacts that they have to face when they are found unable to fulfill and violate the rights of apprentices. These legal and social impacts include sanctions based on applicable law, cancellation of apprenticeship agreements, threats to the company's reputation and prohibitions on participating in apprenticeship programs held by the government.]]>
<![CDATA[Comparison of the Concept of Justice in Islamic Law and Western Law ]]>
<![CDATA[Karimullah, Suud Sarim]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.4379
<![CDATA[This study describes an in-depth analysis of the concept of justice in Islamic law and Western law by relying on literature studies involving comparative and integrative literature analysis. This approach was chosen to obtain comprehensive results in the comparative understanding of the concept of justice in Islamic law and Western law. The study results stated that justice in Islamic law has deep roots in religious teachings and is often closely related to religious values. In contrast, Western law tends to be more secular based on legal principles that arise from historical developments and philosophical thought. In comparison, there are similarities in the humanitarian principles underlying the laws of War, Peace, human rights, and individual protection. However, differences in legal sources, basic principles, and implementation create different frameworks for achieving justice. In an age of increasingly connected globalization, this better understanding of differences and similarities can potentially promote cross-cultural dialogue, international cooperation, and joint efforts in achieving justice and peace worldwide.]]>
<![CDATA[Resolution of Inheritance Disputes Through Non-Litigation in Kediri ]]>
<![CDATA[Arifin, Zainal]]>;
<![CDATA[Handayani, Emi Puasa]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.5072
<![CDATA[Islamic law regulates anyone who is included as an heir who is entitled to receive and who is unentitled to receive an inheritance, in fact, there are Muslims who distribute the inheritance outside Islamic law. Positive Law also regulates the inheritance distribution which is settled through the courts. This study focuses on three questions, first is how to resolve inheritance disputes out-of-court according to positive law. The second is how the inheritance distribution implementation out-of-court is applied in Kediri. This research type conducted is mixed-legal-research that combines between normative and empirical. Normatively, this study will describe inheritance law concepts based on various works of literature and empirically it is a case study whose data is obtained directly from the society as the main source and through the reality that occurs in the society. This research can be investigated through interviews, namely data obtained directly from informants where the tools used in this interview method are interview guidelines to facilitate extracting information needed in the case to be studied. The data that has been obtained will be processed through several stages and analyzed descriptively and qualitatively by analyzing the research results concept with a review of Islamic law and positive law that applies to the disputes and conclude the research output]]>
<![CDATA[The Existence of Human Rights in A Shift in The Concept of The State of Law ]]>
<![CDATA[Siswadi, Imran]]>;
<![CDATA[Supriadi, Supriadi]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.4828
<![CDATA[Human rights have become an essential element in international politics, especially after the end of the Cold War in the 1990s. The problem in this research is "How the existence of human rights in the shifting concept of the state of law and human rights enforcement in Indonesia." The study of normative law tries to analyze, investigate, and explain the basics and political position backgrounds of human right in the history of the human rights development. The research results show that there are at least three main themes often highlighted by human rights violations in Indonesia. The fact that government actions that violate the principles of constitutionalism, especially violating human rights, can always be formally justified constitutionally because they are given legal clothing in the form of laws or other laws and regulations has caused a shift in principles and concepts from a states of law that happens a lot in Indonesia, namely, the change of the states of laws into a state of laws that lays down laws created by the government as a measure of truth. The government generally uses accusations of undermining government authority against those who are considered contrary to government policy.]]>
<![CDATA[The Party System Practices Within a Presidential Government System Based on The 1945 State Constitution of The Republic Of Indonesia Before and After The Amendments ]]>
<![CDATA[Pratama, Topan Yulia]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.5442
<![CDATA[Political parties are considered democratic institutions expected to help build a stable and democratic government. Conversely, political parties are often considered to trigger government instability. This study aims to 1) discover the history of the party system within General Elections in Indonesia and 2) investigate the influence of the multiparty political structure implemented in the presidential system. This normative legal article uses a historical approach to describe the party system history of some presidents and the House of Representatives before and after the amendment of the 1945 Constitution. Afterward, each history will be compared to investigate the comparison of the President's power relationship with the House of Representatives before and after the amendment of the 1945 Constitution. The findings showed that 1) the party system before the amendment (hereafter, the New Order) benefited the ongoing government. The president had no problems with political support because the government party was always the party supporting the government with an absolute majority in parliament. In contrast, the party system after the amendment (hereafter, multiparty politics) is considered a solution to maintain stability and balance in the ongoing political system. The president had some difficulties getting majority support from parliament, thus coalition between the president and political parties is a form of compromise. 2) The impact of a multiparty system is that the president indirectly allows parties outside him to influence his power structure. In conclusion, the problems of the presidential and multiparty system can be resolved with an accommodative and compromise presidential style of government.]]>
<![CDATA[Expansion of The Meaning of The Word International in International Arbitration Decisions in Indonesia ]]>
<![CDATA[Puspita, Lona]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.4779
<![CDATA[An international arbitration award is a decision handed down by an arbitration institution or individual arbitrator outside the jurisdiction of the Republic of Indonesia, or a decision by an arbitration institution or individual arbitrator which according to the legal provisions of the Republic of Indonesia is considered an international arbitration award. From this understanding, it can be seen that Indonesia adheres to the territorial principle to determine whether an arbitration award is international or national. What about other foreign elements contained in an arbitration award, such as choice of law or choice of forum? The aim of this research is to find a new meaning for the word "International" in international arbitration decisions. The method used in this research is normative legal research. The research results state that the meaning of the word "international" in an international arbitration award should not only be territorial because the word international has a broader meaning which includes foreign elements contained in an arbitration award such as choice of law, choice of forum or choice of jurisdiction.]]>
