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Dr. Mahfud Fahrazi, SHI., MH
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Kantor Redaksi Uniska Law Review, Gedung C lantai 2 Fakultas Hukum Universitas Islam Kadiri, Jl. Sersan Suharmaji Nomor. 38, Manisrenggo, Kota Kediri, Kediri, Jawa Timur 64128.
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INDONESIA
UNISKA LAW REVIEW
Published by Universitas Islam Kadiri
ISSN : 27745260     EISSN : 27745252     DOI : 10.32503.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Kami tertarik pada topik yang terkait dengan masalah hukum di Indonesia ataupun hukum Internasional. Adapun kajian hukum yang kami sarankan seperti : Hukum Perdata Hukum Pidana Hukum Acara Perdata Hukum Acara Pidana Hukum Bisnis Hukum Konstitusi Hukum Tata Negara Hukum Administrasi Negara Hukum Adat Hukum Islam Hukum Agraria Hukum Lingkungan Hukum Internasional Hukum Perburuhan Hukum dan Hak Asasi Manusia.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol 5 No 1 (2024): Uniska Law Review" : 5 Documents clear
Misconduct in The Judicial Process: Advocates as Bribery Offenders Rambe, Epi Santri Dewi; Mintarsih, Mimin
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.5809

Abstract

Advocates are one of the law enforcement tools. Meanwhile, in some cases, advocates still commit bribery crimes while carrying out their duties. This study aims to analyze the practice of irregularities in the judicial process carried out by Advocates and analyze the application of sanctions for Advocates who are perpetrators of bribery crimes. The research method used is normative juridical with a regulation-legislation approach and a case approach. The results show that irregularities in the judicial process often occur with advocates involved in bribery crimes, thereby damaging the integrity of the legal system and reducing public trust in law enforcement. In Indonesia's positive law, several criminal provisions can be applied to advocates who commit bribery crimes, namely the Criminal Code (Article 209, Article 418, Article 419, Article 420 (1) and (2)), the TPS Law (Article 3), the PTPK Law (Article 5 (1), Article 6 (1), Article 6 (1) letter b, Article 12 letter d, Article 13). In addition, for Advocates who commit bribery crimes, sanctions can be applied based on the Indonesian Code of Ethics for Advocates as the highest law for the profession in carrying out their duties. As a noble and honorable profession, advocates who are perpetrators of bribery crimes have harmed the dignity and honor of their profession. It can be concluded that the implementation of sanctions for advocates involved in bribery crimes in Indonesia is divided into two types: the application of sanctions based on Indonesia's criminal law and the Indonesian Code of Ethics for Advocates. Both regulate the legal consequences for these crimes from different perspectives but aim to solve irregularities in the judicial process.
The Principle People's Sovereignty as Basic Rule of The Minimum Age Limit for President and Vice President Candidates Putra, Marsudi Dedi
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.5829

Abstract

Equality are the essence of the principles of popular sovereignty. In Indonesia, the principle of popular sovereignty has been transformed and formulated into a legal basis in statutory regulations. However, setting the minimum age limit for Presidential and Vice Presidential Candidates has actually created injustice. This research aims to explain the principle of popular sovereignty in relation to the minimum age limit for presidential and vice presidential candidates. This type of research is normative juridical, with a prescriptive normative approach apart from being based on state teachings. The analysis was carried out normatively qualitatively. Research results: (1) A country that adheres to the principle of popular sovereignty wants every public position to be open and to provide equal and equal opportunities for every citizen to achieve it, including the positions of President and Vice President. (2) The regulation that limits the minimum age to 40 years as a requirement for candidates for President and Vice President is an action that violates human rights, is less sensitive to changes and the legal needs of society, and is not in accordance with the essence of popular sovereignty.
The The Direction of Legal Development in The National Development Plan, Referencing Law Number 17 Of 2007 Concerning The National Long-Term Development Plan 2005-2025 Pratama, Topan Yulia
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.6549

Abstract

Legal development in Indonesia is a strategic issue within the framework of the 2005–2025 National Long-Term Development Plan (RPJPN), as stipulated in Law Number 17 of 2007. The RPJPN replaces the General Guidelines for State Policy (GBHN) system after the amendment to the 1945 Constitution, by placing law as one of the pillars of development. This study aims to analyze the legal position of the RPJPN in the constitutional law system, evaluate its effectiveness as a guideline for national and regional legal development, and examine the harmonization between the RPJPN, the National RPJM, and regional development planning. Using Lawrence M. Friedman's legal system theory, this study examines three main elements, namely structure, substance, and legal culture in supporting the implementation of the RPJPN. The results of the study indicate that although the RPJPN has a strong legal basis, its implementation is often hampered by structural weaknesses, insynchronization of policies between levels of government, and low legal culture in society. Harmonization between the RPJPN, the National RPJM, and regional planning requires intensive coordination to ensure that the vision, mission, and objectives of the state in the Preamble to the 1945 Constitution are achieved. Periodic evaluation, transparency, and community participation are the keys to success. This study recommends an integrative approach that strengthens the capacity of local governments, increases community legal awareness, and ensures that national legal policies reflect the values ​​of social justice. Thus, the RPJPN can be an effective instrument in the development of sustainable, fair, and responsive law to community needs.
Socio-Legal Review on the Legal Protection of Geographical Indications in Indonesia Febriyanti, Rohmah
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.6246

Abstract

This research discusses aspects of protecting the Potential of Geographical Indications as part of communal intellectual property rights and its influence on the economic and socio-cultural aspects of local communities and/or the origin communities of the products. It employs an interdisciplinary socio-legal approach that combines legal study and analysis with social perspectives. The research also emphasizes statutes approach and conceptual approach. The problems raised in this research include two main issues: How is the protection of the potential of Geographical Indications based on the review of Indonesia's positive law?; What is the influence of the protection of the potential of Geographical Indications from a socio-legal perspective on the dynamics of local community life? From a qualitative descriptive analysis, it shows that the legal protection aspects of the Potential of Geographical Indications can bridge the complexities of registering Geographical Indications, which often hinder legal protection. The urgency of legal protection is based on preventive efforts to prevent various violations of exclusive rights to the Potential of Geographical Indications and/or Geographical Indications. The influence of protecting the potential of Geographical Indications to become Geographical Indications from a socio-legal perspective indicates its implications for economic aspects such as increasing the market value of products and the economy of local communities, as well as for socio-cultural aspects as a manifestation of respect for communal rights and a representation of local cultural identity.
Imentation of Article 70 of Law on Sexual Violence Criminal Acts Number 12 Of 2022 on The Protection of The Rights of Child Victims of Sexual Violence In DP2KBP3A Ramaida, Rizka Amalia; Handayani, Emi Puasa; Chasanah, Nur
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.6268

Abstract

Sexual violence according to End Child Prostitution in Asia Tourism International is an interaction between a child and adults such as strangers, grandparents, parents, and siblings. Where the condition of the child is used as an object of lust for the perpetrator. The rise of sexual violence cases in Indonesia has concerned the community and the local government. Seeing the high rate of sexual violence is a slap in the face for the government, which should think of the best solution to protect children as the nation's next generation. Therefore, the ratification of the Sexual Violence Law Number 12 of 2022 is used as a preventive solution from the government to protect the rights of victims of sexual violence. The research method used by the current author is empirical and also a qualitative approach. And also the data collection technique is carried out by interview techniques and also a form of questionnaire. In implementing the protection of children's rights, the Women and Children Protection Team provides mental rehabilitation services, social rehabilitation for victims. In the last three years, sexual violence in kediri has decreased in 2023 to 13%. In addition, they also seek protection preventively or repressively. The research was conducted at (Office of Population Control Family Planning Women's Empowerment and Child Protection). Located at Jalan Panglima Sudirman 141 Kampung Dalem Village no 45 Kota.

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