cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Mahfud Fahrazi, SHI., MH
Contact Email
mahfud@uniska-kediri.ac.id
Phone
+6282131000109
Journal Mail Official
uniskalawreview@gmail.com
Editorial Address
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.
Location
Kota kediri,
Jawa timur
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 54 Documents
 2   3   4   5   6 
The History of Human Rights Politics Siswadi, Imran; Supriadi, Supriadi
UNISKA LAW REVIEW Vol 4 No 1 (2023): 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.v4i1.4745

Abstract

The authors want to look at how human rights politics in the history of human rights development (19th Century and The First Decade of the 20th Century) has changed in the past and now. The authors try to anlayse, investigate, and explain the basic structure and political position backgrounds of the human rights in the historical development. In the study of normative law, it tries to investigate, explain, and analyze the basic structures and political positions of the rights of the people. Then, normative juridical method is applied for this study. The results show that the power relationship among contries and conflicting alliance patterns has experienced a shifting of basic structure in the previous and now, and the power relations among contry patterns have experienced the shift of basic structures.
Credit Agreement with Guaranteed Certificate of Ownership of Land Made with A Fake Sale and Purchase Deed Zein, D’ Adellia Dinnary; Manfaluthi, Agus; Hariyana, Trinas Dewi
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.4902

Abstract

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.
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.
Reality of Minor Marriage Dispensation Arrangements in Indonesia and Bangladesh Ramadhani, Dwi Aryanti; Sakti, Muthia; Febriana, Meutia Caesar
UNISKA LAW REVIEW Vol 4 No 1 (2023): 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.v4i1.4439

Abstract

Law Number 16 of 2019, concerning Amendments to Law Number 1 of 1974 concerning Marriage, has substantially renewed the age of Marriage to 19 years for boys and girls as a form of government effort to reduce the number of child marriages. However, Article 7 Paragraph (2) provides opportunities for child marriages under the age of 19 years. The Court gives this opportunity through the provision of marriage dispensation. Marriage dispensation is also found in Bangladeshi marriage law. Article 19 of Bangladesh's Child Marriage Restriction Act states that girls under 18 and boys under 21 can enter into Marriage if parental or court approval can be obtained in exceptional circumstances. The prevailing marriage dispensation breaks the expectation of a decline in child marriages. This study aims to explain the provision of dispensation for Marriage to minors, which compares the arrangements in Indonesia and Bangladesh. This research is qualitative research with a normative juridical approach. Solve problems using a statutory approach and a comparative approach with data obtained through a literature study, which is described in an analytical descriptive manner. The results of the study show that there is a difference in regulating the dispensation of Marriage for minors in Indonesia and Bangladesh. The conclusion of this study shows that regulations in both countries granting dispensation for Marriage to minors are contradictory to changes in the rules for the age limit for Marriage.
Legal Protection for Company Internship Participants Who Do Not Obtain Their Rights Khyatudin, Khyatudin; Haq, Rifqi Arroiqul
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.5071

Abstract

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.
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.
Comparison of the Concept of Justice in Islamic Law and Western Law Karimullah, Suud Sarim
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.4379

Abstract

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.
Resolution of Inheritance Disputes Through Non-Litigation in Kediri Arifin, Zainal; Handayani, Emi Puasa
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.5072

Abstract

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
The Existence of Human Rights in A Shift in The Concept of The State of Law Siswadi, Imran; Supriadi, Supriadi
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.4828

Abstract

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.
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 Pratama, Topan Yulia
UNISKA LAW REVIEW Vol 4 No 2 (2023): 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.v4i2.5442

Abstract

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.

Page 5 of 6 | Total Record : 54

 2   3   4   5   6 

Filter by Year

2020 2024


Reset
Filter By Issues
All Issue Vol 5 No 1 (2024): Uniska Law Review Vol 4 No 2 (2023): Uniska Law Review Vol 4 No 1 (2023): Uniska Law Review Vol 3 No 2 (2022): Uniska Law Review Vol 3 No 1 (2022): Uniska Law Review Vol 2 No 2 (2021): Uniska Law Review Vol 2 No 1 (2021): Uniska Law Review Vol 1 No 2 (2020): UNISKA LAW REVIEW Vol 1 No 1 (2020): UNISKA LAW REVIEW