Trunojoyo Law Review
Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices relating to the full range of engaged activity. This journal is a peer-reviewed online journal dedicated to the publication of high-quality research focused on research, implementation. The mission of Trunojoyo Law Reveiw is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of social science and humanities. This includes highlighting innovative endeavors; critically examining emerging issues, trends, challenges, and opportunities and reporting on studies of impact in the areas of law and justice. We proudly announce that Trunojoyo Law Reveiw has indexed by Google Scholar, Portal Garuda, Dimensions, etc
Articles
65 Documents
<![CDATA[THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY ]]>
<![CDATA[Uthlufah, Haqqiyah]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 1 (2020): February ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i1.9496
<![CDATA[The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.]]>
<![CDATA[INTERGRATION BETWEEN MODERN LAWS WITH LIVING LAWS IN RURAL COMUNITIES IN THE RURAL ECONOMIC DEVELOPMENT ]]>
<![CDATA[Kusumaputra, Ardhiwinda]]>;
<![CDATA[Retnowati, Endang]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v1i1.5251
<![CDATA[The purpose of this study is to find and analyze the integration between state modern laws and the living laws in the village, in its relation with national economic development and to find and analyze the ways to optimize national economic development through rural autonomy. The research method used is normative juridical, using legal material. The integration between state modern laws and the living law in the rural communities is by giving attention and accommodating the living laws in the rural communities especially in the economic order in the village including the establishment of Village-Owned Enterprises (BUMDes). In the formation of rules or laws relating to the economy or village empowerment, it should not only be juridical aspect that is prioritized but the philosophical, and sociological aspect of rural communities needs should be used as foundation . Reflection on the Pancasila understanding is also very necessary. This is because Pancasila is transformation result of various legal principles in Indonesia, Optimizing village economic development through rural autonomy by making improvements, and empowering all the potential of the village in particular the human resources and natural resources.]]>
<![CDATA[THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA ]]>
<![CDATA[Rijal, Moh Syaifur]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 2 (2020): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i2.9502
<![CDATA[The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions, the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.]]>
<![CDATA[SOUTH CHINA SEA CLAIM DISPUTE SETTLEMENT BETWEEN ASEAN AND CHINA ]]>
<![CDATA[Nugroho, Mohammad Alvian Adi]]>;
<![CDATA[Hikam, M. Miftahul]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 1 (2020): February ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i1.9478
<![CDATA[The title of this research is "South China Sea Claim Dispute Settlement between ASEAN and China" The purpose of this study is to find out the role of ASEAN in efforts to resolve claims in the South China Sea. This research is a descriptive study - analysis that focuses on secondary data. In this study data collection was carried out using the library research method, namely by reviewing several references relating to the problem in this study, as well as interviews with various sources, which were held verbally and frequently asked by informants to get more in the explanation and information about the matter. matters relating to the problems discussed in this study, data obtained from the literature both orally and in writing. territorial conflicts that occur in the South China Sea are increasingly difficult to resolve because the attitude of the Chinese government is often inconsistent with efforts to resolve conflicts offered by ASEAN. ASEAN countries still have not reached an agreement on the Code of Ethics (COC) because of the different interests of each country. ASEAN is expected to face this conflict dynamics while maintaining peace and transforming potential conflicts into potential cooperation through a number of potential peace talks.]]>
<![CDATA[THE POSITION OF ADOPTED CHILDREN AS THE HEIR OF DZAWIL ARHAM IN ISLAMIC INHERITANCE LAW SYSTEM (Study on Religious Court Verdict Number: 0002 / Pdt.P / 2013 / Pa.Kp) ]]>
<![CDATA[Ali, Moh]]>;
<![CDATA[Hendarto, M]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 2 (2020): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i2.9497
<![CDATA[This research aims to obtain clarity on the appropriate basis of the jury's consideration to set the different classifications of adopted children in the acquisition of the property of the heirs from their adoptive parents as well as the right of an heir dzawil arham in receiving a rest distribution of inheritance as contained in the Decree of the Religious Court Number 0002 / Pdt.P / 2013 / PA.KP based on the perspective of Islamic Law. This research uses a type of Normative Law research by using legislative and an analytical approach. The results show that the determination of classification is different for Applicant I and Petitioner II adopted children in the acquisition of property inherited by their parents as contained in the Determination of Religious Court Number: 0002 / Pdt.P / 2013 / Pa.Kp is not appropriate because both applicants are not included in 10 (ten) group of heirs dzawil arham which agreed upon by the four imams of the sect and not included in group of heirs that arranged in Article 174 paragraph (1) which used as a basis by the judges]]>
<![CDATA[THE DILLEM OF THE RIGHT TO PRIVACY IN INDONESIA: DOES INDONESIA’S CORRUPTION ERADICATION COMMISSION (KPK) IN SPYING PEOPLE VIOLATE INTERNATIONAL HUMAN RIGHTS LAWS TO PROTECT THE RIGHT TO PRIVACY? ]]>
<![CDATA[Wijaya, Dodik Pranata]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v1i1.5254
<![CDATA[Corruption is a serious crime in Indonesia. Indonesia commonly recognize that Corruption as extra ordinary crime that has to be combated by extra ordinary means as well. Interception has been determined as the best way to reduce the number of these engaged in corruption, Indonesia is adherence to some international human rights instrument aims to support the basic rights of the people. The scope of the concept of privacy, in some theorists’ perspective has sailed to be properly conceptualized. In addition, the international community recognizes privacy is a fundamental human right which is well-described in several Conventions. This reflects the importance of the right to privacy for every individual in the world, either for adult, children or for people who have disabilities. Some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. This means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions. The research method used is normative juridical, normative juridical is research based on the analysis of legal materials in the form of several legal principles and several legal theories as well as laws and regulations that are in accordance with the problems in this study.]]>
<![CDATA[CRIMINAL CONVICTION OF CHILD TRAFFIC OFFENDERS REVIEWED FROM THE JUVENILE CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Syafi’i, Muhammad Dzikri Akbar]]>;
<![CDATA[Pribadi, Firman Arif]]>;
<![CDATA[Abdullah, Saiful]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 4, No 1 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v4i1.16235
<![CDATA[Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter referred to as the SPPA Law) which is a formal criminal law for children specifically regulates punishment that can be imposed on children. The criminal sanctions stipulated in the SPPA Law are different from the criminal sanctions in the Criminal Code. The criminal sanctions contained in Article 71 do not include criminal sanctions of confinement and criminal sanctions of fines, nor does the SPPA Law specifically regulate criminal sanctions in lieu of imprisonment and fines. This is a problem related to children who commit criminal acts of traffic violations which in material law are threatened with imprisonment and fines. In this case, the criminal sanctions that can be imposed on children perpetrators of traffic violations are criminal sanctions contained in the SPPA Law by taking into account the principle of the best interests for children, as well as the regulations contained in the SPPA Law. The research method used in this study is a normative juridical research method, with a statute approach and a conceptual approach. The collection of sources of legal materials, both primary and secondary, is carried out through legal literature studies, recording legal documents, laws and regulations and tracing the research results of others. The results of this study show that the criminal sanctions that can be imposed on children violating traffic crimes under the SPPA Law are criminal sanctions for warning, probation, and job training.]]>
<![CDATA[THE RESPONSIBILITY OF THE SURABAYA CITY GOVERNMENT TOWARDS PEOPLE WITH MENTAL DISORDERS ]]>
<![CDATA[Fraja, St. Ika Noerwulan]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 1 (2020): February ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i1.9480
<![CDATA[The local government is one of the parties responsible for the efforts to cure people with mental disorders. Healing efforts are carried out by health workers and must continue to respect the rights of people with mental disorders and provide good health service facilities. Besides having the right to receive treatment and care, they also have the right to receive rehabilitation, even if they do not have a family or a caregiver. The research problem in this study is about the authority of local government towards people with mental disorders. The purpose of this study was to analyze the authority of local governments towards people with mental disorders and the obstacles they face. This research is a legal research with primary, secondary, and tertiary legal materials that are collected using the literature study method and analyzed by the prescriptive method. The authority of the regional government to regulate it is intended to fulfill the rights of people with mental disorders in terms of health services and adequate facilities. even if the person with mental disorders does not have a family or a caregiver.]]>
<![CDATA[THE LEGAL PROTECTION OF CONSUMERS FOR ACQUISITION PDAM CLEAN WATER SERVICE (The Case Study Of PDAM Surabaya City) ]]>
<![CDATA[Dewi, Rista Veria]]>;
<![CDATA[Djulaeka, Djulaeka]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 2, No 2 (2020): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v2i2.9498
<![CDATA[This study was conducted to determine the existence of negligence on the quality standard of water that is flowed by PDAM Surya Sembada, as well as legal remedies that can be carried out by consumers who suffer losses from the clean water services they receive. The research method used is normative research. The research approach is was carried out using a legislative aprroarch, namely by reviewing the law in accordance with legal issues raised related to water quality standards and the responsibilities of PDAM Surya Sembada as the service provider of clean water service recipients in the Surya Sembada City PDAM Surabaya as a cunsumers. The results showed that the service recipient felt disadvantaged, because there were several aspects of the quality standard of water that was flowed as reflected in the provisions of Permenkes No. 492 of 2010 concerning Requirements for Drinking Water Quality that were not appropriate and the provision of compensation by clean water service providers to the recipients of services whose right have been impaired is also not carried out properly, so that consumers as service recipients can file claims related to compensation suffered through out of court (no litigation) and court (litigation) ways.]]>
<![CDATA[COMPARISON OF THE TRIASSIC LEGAL SYSTEM OF INDONESIA WITH THE FRENCH STATE ]]>
<![CDATA[Afifulloh, Afifulloh]]>;
<![CDATA[Sudarsono, Sudarsono]]>;
<![CDATA[Hadiyantina, Shinta]]>
<![CDATA[ TRUNOJOYO LAW REVIEW Vol 4, No 1 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Universitas Trunojoyo Madura ]]>
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DOI: 10.21107/tlr.v4i1.18130
<![CDATA[State law in Constitutional Law, there is an object of regulation in which the system of the Triassic Concept of Politica, which is a normative principle that powers should not be handed over to the same person in order to prevent abuse of power by the ruling party. Polotical triad offers a concept of state life by separating powers that are expected to be separated from each other in equal positions, so that they can control each other and balance each other (checks and balances), besides that the hope is that it can limit power so that there is no concentration of power on one hand which will later give birth to arbitrariness . The State of Indonesia with the State of France as a State of law (Civil Law), has similarities and differences in the application of the concept of Polotical triad. Similarities and differences in the application of the Polotical triad concept are material in comparing the systems applied in the Polotical triad concept. Comparison with the concept of Polotical triad between the State of Indonesia and the State of France, based on the 1945 Constitution of the Republic of Indonesia as the Constitution of the State of Indonesia and the Constitution of Ocktober 4, 1958 as the Constitution of the State of France.]]>
