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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 59 Documents
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Expansion of The Meaning of The Word International in International Arbitration Decisions in Indonesia Puspita, Lona
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.v4i2.4779

Abstract

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.
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.
Prisoners of Conscience Cases in Indonesia: The Rights of Fair Trial Perspective Prawira, M. Rizki Yudha
UNISKA LAW REVIEW Vol 5 No 2 (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.v5i2.6870

Abstract

This study examines cases of prisoners of conscience (PoC) in Indonesia through the lens of the right to a fair trial. The patterns observed in these PoC cases include arbitrary arrest, imprisonment, torture, exile, and even enforced disappearance. Various examples illustrate these issues. According to data gathered by Amnesty International Indonesia, there are numerous instances related to PoC. Between August 2019 and April 2024, there were 128 prisoners of conscience (PoC) related to 82 cases in Indonesia. The same source indicates that many of these prisoners were incarcerated solely for their peaceful expressions. They have been charged under various laws, including the Information and Electronic Transactions Law, as well as laws concerning criminal blasphemy, treason, and pornography. This research uses normative juridical methods, specifically focusing on library legal research to examine secondary data and relevant legal materials. The approach adopted in this study is a statutory approach, which entails referencing legal issues or problems specifically pertaining to cases involving prisoners of conscience. This study also examines cases of PoC in Indonesia from the perspective of the right to a fair trial. It highlights the numerous violations of fair trial rights evident in the patterns of arrests leading to imprisonment in these cases.
The Legal Protection for Children Outside Registered Marriage Afda'u, Faisal
UNISKA LAW REVIEW Vol 5 No 2 (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.v5i2.6971

Abstract

This research is motivated by the social reality in Indonesia, where many children are born from unregistered marriages and consequently face legal discrimination in exercising their civil rights. The aim of this study is to analyze the provisions of Indonesia’s positive law regarding the status and protection of the rights of children born out of unregistered marriages, as well as to examine the legal implications of the Constitutional Court Decision Number 46/PUU-VIII/2010 in ensuring equal legal protection for children born out of wedlock. The method used is normative legal research with statutory and conceptual approaches. Data were collected through literature studies and analyzed descriptively and qualitatively to produce a comprehensive legal argument. The results show that Indonesia’s positive law regulates the civil status and rights of children born out of wedlock through various regulations, from the Civil Code to the Marriage Law. Initially, such children only had civil relations with their mother and the maternal family. The Civil Code differentiates between legitimate, illegitimate, and adulterine children, influencing inheritance rights. The Marriage Law affirms that only registered marriages are legally recognized, which causes children from unregistered marriages to be classified as born out of wedlock. However, Constitutional Court Decision No. 46/PUU-VIII/2010 broadened the rights of illegitimate children by allowing civil relationships with their biological father based on scientific evidence. This grants access to inheritance rights and legal identity. The principles of non-discrimination and child protection are also emphasized in the 1945 Constitution and the Child Protection Law. The state is obligated to guarantee justice for all children regardless of their birth status and to ensure the effective and equal implementation of these rights.
Law Enforcement of Cracking Criminal Actions from The Perspective of Special Criminal Law in Indonesia Salsabilla, Anggi Afrita; Hariyana, Trinas Dewi; Manfaluthi, Agus
UNISKA LAW REVIEW Vol 5 No 2 (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.v5i2.7047

Abstract

The development of information technology has not only positive but also negative impacts in the form of the emergence of cracking crimes. Although in Indonesia there are provisions that accommodate cracking, there are still obstacles in enforcing the law. This study aims to analyze the legal regulations for cracking crimes and the effectiveness of legal protection regulations for victims of cracking crimes from the perspective of special criminal law in Indonesia. The type of research used is normative legal research. The results of this study indicate that first, related to cracking crimes in Indonesia, it has been accommodated through Article 30 paragraph (3) and Article 46 paragraph (3) of the ITE Law 19/2016. Meanwhile, the PDP Law does not explicitly accommodate cracking crimes. However, Article 65 paragraph (1) and Article 67 paragraph (1) of the PDP Law imply elements of cracking acts in the form of illegal access to personal data. The effectiveness of the ITE Law 19/2016 and the PDP Law is still not sufficient in combating cracking crimes and providing legal protection for victims. This is a challenge for the police. The challenges are classified into four aspects of obstacles, namely: the investigation aspect, the evidence aspect, the facilities aspect, and the jurisdiction aspect. Efforts to overcome these obstacles are: (1) Special training is needed to provide investigators with an understanding of the cyber world; (2) Expert skills are needed with the help of the latest technology to analyze evidence that is at risk of being easily modified, deleted, or hidden by the perpetrator; (3) Facilities are needed that can support police performance through optimizing digital forensic skills; and (4) More attention is needed to mapping places/physical areas related to the occurrence of cybercrime.
Legal Protection of Trademarks for MSME Products in Enhancing Business Competitiveness Afda'u, Faisal
UNISKA LAW REVIEW Vol 5 No 2 (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.v5i2.7963

Abstract

The purpose of this research is to identify and analyze Legal Protection of MSME Product Trademarks in Enhancing Business Competitiveness in the Market and to examine and analyze the Legal Dispute Resolution Mechanisms Related to Trademark Infringement of MSME Products, while the method applies a normative legal approach with library research, analyzing trademark protection of MSMEs through legislative and conceptual approaches based on relevant secondary data. The findings show that Law Number 20 of 2016 on Trademarks and Geographical Indications provides strong legal protection to registered trademark owners. Owners are granted exclusive rights for ten years and these rights can be extended under the applicable law. In the event of infringement, owners are authorized to file civil lawsuits through the available legal mechanisms, as regulated under Article 83. Such lawsuits may include compensation claims and requests to stop unauthorized use of the mark. Besides litigation in the Commercial Court, dispute resolution is also possible through alternative means such as mediation and arbitration, in order to accelerate settlement. Criminal aspects of trademark protection are regulated under Article 100, which imposes fines and imprisonment for proven violations. This law enforcement aims to create a deterrent effect and protect entrepreneurs from unlawful actions. Collaboration between the government, trademark owners, and business actors is crucial to encourage effective legal protection, enhance the competitiveness of MSME products, and maintain consumer trust in local products circulating in the market.
Normative Study of Violations of Consumer Rights in The Practice of Fuel Packaging: Perspective of Law No. 8 Year 1999 Wahyuni, Husnia Hilmi; Afda'u, Faisal; Ahmad, Ridho Sadillah
UNISKA LAW REVIEW Vol 5 No 2 (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.v5i2.7854

Abstract

This research aims to normatively examine the violations of consumer rights in the practice of fuel adulteration carried out by unscrupulous individuals within PT Pertamina Patra Niaga. This practice not only harms consumers economically and in terms of safety but also violates the statutory provisions that guarantee consumer protection. The method used is normative legal research with a statutory approach and literature review. The findings indicate that the practice of fuel adulteration constitutes a violation of Law Number 8 of 1999 concerning Consumer Protection, particularly the right to comfort, safety, and security in consuming goods and/or services. Furthermore, this action can also be classified as a criminal offense due to endangering public interests. Therefore, strict law enforcement and closer supervision of fuel distribution and processing are necessary to ensure the protection of consumer rights.

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